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2 III

Contents Federal Register Vol. 64, No. 25

Monday, February 8, 1999

Agricultural Marketing Service NOTICES NOTICES Environmental statements; availability, etc.: Agency information collection activities: National Distress System Modernization Project, 6130– Proposed collection; comment request, 6033–6034 6131

Agriculture Department Commerce Department See Agricultural Marketing Service See Export Administration Bureau See Animal and Plant Health Inspection Service See International Trade Administration See Forest Service See National Oceanic and Atmospheric Administration See Technology Administration Animal and Plant Health Inspection Service Committee for the Implementation of Textile Agreements NOTICES Environmental statements; availability, etc.: NOTICES Florida Medfly eradication program; risk reduction, 6034 Cotton, wool, and man-made textiles: Cambodia, 6050–6051 El Salvador, 6051–6052 Army Department NOTICES Consumer Product Safety Commission Environmental statements; availability, etc.: NOTICES Fort Benning and Columbus, GA; land exchange, 6060– Meetings: 6061 Recall effectiveness; identification of purchasers of Grants and cooperative agreements; availability, etc.: certain products; public forum, 6052 Composite Analysis Software Tools technology development and commercialization, 6061 Defense Department See Army Department Centers for Disease Control and Prevention NOTICES NOTICES Federal Acquisition Regulation (FAR): Grants and cooperative agreements; availability, etc.: Agency information collection activities— Childhood lead poisoning prevention and blood lead Proposed collection; comment request, 6052–6056 surveillance; State and local programs, 6093–6099 Submission for OMB review; comment request, 6057– Meetings: 6060 Injury Research Grant Review Committee, 6099 Education Department Children and Families Administration NOTICES RULES Agency information collection activities: Head Start Program: Submission for OMB review; comment request, 6062 Authorization of use of grant funds to purchase facilities Grants and cooperative agreements; availability, etc.: in which to operate programs, 5939–5949 Postsecondary education— PROPOSED RULES Distance Education Demonstration Program, 6062–6063 Head Start Program: Teacher Quality Enhancement Programs, 6139–6147 Authorization of use of grant funds to finance Strengthening Institutions Program et al., 6177–6178 construction and major renovation of facilities, 6013– 6020 Energy Department NOTICES See Federal Energy Regulatory Commission Grants and cooperative agreements; availability, etc.: Child welfare demonstration projects, 6099–6100 Environmental Protection Agency RULES Civil Rights Commission Air quality implementation plans; approval and NOTICES promulgation; various States: Meetings; State advisory committees: Minnesota, 5936–5939 New Jersey, 6037–6038 PROPOSED RULES Ohio, 6038 Air pollution control; new motor vehicles and engines: Rhode Island, 6038 New nonroad spark-ignition engines rated above 19 kilowatts and new land-based recreational spark- Coast Guard ignition engines, 6008–6013 RULES Air quality implementation plans; approval and Ports and waterways safety: promulgation; various States: Kennebec River, Bath, ME; safety zone, 5935–5936 Minnesota, 6008 PROPOSED RULES NOTICES Ports and waterways safety: Meetings: Atlantic Ocean adjacent to Cape Henlopen State Park, DE; Drinking water and wastewater programs; gap analysis; safety zone, 6006–6008 local-level funding needs, 6072 IV Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Contents

Gulf of Mexico Program Management Committee, 6072– Federal Emergency Management Agency 6073 NOTICES Lead-based paint hazards; renovation and remodeling Disaster and emergency areas: activities; round table discussion, 6073–6074 Alabama, 6082–6083 Superfund; response and remedial actions, proposed Arkansas, 6083 settlements etc.: Illinois, 6083–6084 Caldwell Systems, Inc., Site, NC, 6077–6078 Indiana, 6084 Superfund program: Louisiana, 6084–6085 Emergency Planning and Community Right-to-Know Maine, 6085 Act— Michigan, 6085–6086 Toxic release inventory reporting requirements; Mississippi, 6086 workshops, 6074–6076 New York, 6086–6087 Water pollution control: Tennessee, 6087–6088 Clean Water Act— Class II administrative penalty assessments, 6078 Federal Energy Regulatory Commission NOTICES Executive Office of the President Electric rate and corporate regulation filings: See Presidential Documents Eagle Gas Marketing Co. et al., 6067–6069 Indeck-Pepperell Power Associates, Inc., et al., 6069– Export Administration Bureau 6071 RULES Meetings; Sunshine Act, 6071–6072 Export licensing: Applications, hearings, determinations, etc.: Commerce control list— ANR Pipeline Co., 6063–6064 Missile technology controls changes, 5931–5935 Atlantic City Electric Co. et al., 6064 Colorado Interstate Gas Co., 6064 Federal Aviation Administration Duke Energy Trading & Marketing, L.L.C., 6064 RULES El Paso Natural Gas Co., 6064–6065 Airworthiness standards: Koch Gateway Pipeline Co., 6065 Transport category airplanes— Maine Public Service Co. et al., 6065 High-lift device controls; gate requirements, 6159–6164 Mississippi River Transmission Corp., 6065 Class D airspace, 5930–5931 NorAm Gas Transmission Co., 6066 Class E airspace; correction, 6138 Northwest Pipeline Corp., 6066 PROPOSED RULES Transcontinental Gas Pipe Line Corp., 6066–6067 Airworthiness directives: Viking Gas Transmission Co., 6067 Avions Pierre Robin, 5985–5987 NOTICES Environmental statements; notice of intent: Federal Highway Administration Grand Canyon National Park, AZ; Special Flight Rules PROPOSED RULES Area, 6131–6132 Payment procedures: Surface transportation projects; credit assistance, 5996– Federal Communications Commission 6005 RULES Common carrier services: Federal Housing Finance Board Satellite communications— RULES Fixed-satellite and wireless services and government Freedom of Information Act; implementation, 5929–5930 operations; spectrum allocations; correction, 6138 Organization, functions, and authority delegations: Federal Railroad Administration General Counsel Office, Competition Division PROPOSED RULES elimination; etc., 5950 Payment procedures: Television broadcasting: Surface transportation projects; credit assistance, 5996– Cable Television Consumer Protection and Competition 6005 Act of 1992— Direct broadcast satellite public interest obligations; political programming requirements, 5951–5957 Federal Reserve System Cable television systems— NOTICES Emergency alert system; broadcast channel overrides; Banks and bank holding companies: termination, 5950–5951 Formations, acquisitions, and mergers, 6088–6089 PROPOSED RULES Formations, acquisitions, and mergers; correction, 6088 Radio stations; table of assignments: Permissible nonbanking activities, 6089 Wisconsin, 6020–6021 NOTICES Federal Transit Administration Agency information collection activities: PROPOSED RULES Reporting and recordkeeping requirements, 6078–6082 Payment procedures: Surface transportation projects; credit assistance, 5996– Federal Deposit Insurance Corporation 6005 NOTICES NOTICES Agency information collection activities: Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 6082 Over-the-road Bus Accessibility Program, 6165–6176 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Contents V

Fish and Wildlife Service Indian Affairs Bureau RULES NOTICES Endangered and threatened species: Tribal-State Compacts approval; Class III (casino) gambling: Coastal California gnatcatcher; critical habitat Omaha Tribe of Nebraska, IA, 6112 designation, 5957–5963 Sacramento splittail, 5963–5981 Interior Department NOTICES See Fish and Wildlife Service Endangered and threatened species permit applications, See Indian Affairs Bureau 6112 See Land Management Bureau See National Park Service Food and Drug Administration See Reclamation Bureau PROPOSED RULES See Surface Mining Reclamation and Enforcement Office Medical devices: Gastroenterology and urology devices— Extracorporeal shock wave lithotripter; reclassification, International Trade Administration 5987–5996 NOTICES NOTICES Antidumping: Food additive petitions: Antifriction bearings (other than tapered roller bearings) Monsanto Co., 6100 and parts from— Meetings: France et al., 6038 Endocrinologic and Metabolic Drugs Advisory Brass sheet and strip from— Committee, 6100 Canada, 6039–6042 Reports and guidance documents; availability, etc.: Polyvinyl alcohol from— Extracorporeal shock wave lithotripters for fragmentation Taiwan, 6042–6046 of kidney and ureteral calculi; premarket Welded carbon steel pipes and tubes from— notifications (510(k)’s), content, 6100–6101 India, 6046–6048

Forest Service Land Management Bureau NOTICES NOTICES Environmental statements; notice of intent: Environmental statements; availability, etc.: Allegheny National Forest, PA, 6034–6037 Summo USA Corp., San Juan County, UT; Lisbon Valley open pit copper mine, 6112–6113 General Services Administration Meetings: NOTICES Resource Advisory Councils— Environmental statements; availability, etc.: Southwest, 6113 Governors Island, New York Harbor, New York, NY; Science Advisory Board, 6113–6114 disposal, 6089–6092 Realty actions; sales, leases, etc.: Federal Acquisition Regulation (FAR): New Mexico, 6114–6115 Agency information collection activities— Proposed collection; comment request, 6052–6056 National Aeronautics and Space Administration Submission for OMB review; comment request, 6057– NOTICES 6059 Federal Acquisition Regulation (FAR): Agency information collection activities— Health and Human Services Department Proposed collection; comment request, 6052–6056 See Centers for Disease Control and Prevention Submission for OMB review; comment request, 6057– See Children and Families Administration 6060 See Food and Drug Administration Patent licenses; non-exclusive, exclusive, or partially See Health Care Financing Administration exclusive: See National Institutes of Health GeoTech Chemical Co., Inc., 6116 See Public Health Service NOTICES National Credit Union Administration Organization, functions, and authority delegations: RULES Program Support Center, 6092–6093 Credit unions: Loan interest rates, 5927–5929 Health Care Financing Administration NOTICES National Highway Traffic Safety Administration Grants and cooperative agreements; availability, etc.: PROPOSED RULES State Children’s Health Insurance Program, 6102–6108 American Automobile Labeling Act; implementation: Motor vehicle content labeling; domestic and foreign Housing and Urban Development Department parts content information, 6021–6025 PROPOSED RULES Motor vehicle safety standards: Public and Indian housing: Lamps, reflective devices, and associated equipment— Public housing agencies; operating fund rule; negotiated Headlighting, 6021 rulemaking committee; intent to establish and NOTICES meeting— Agency information collection activities: Correction, 6138 Proposed collection; comment request, 6132–6133 VI Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Contents

National Institutes of Health Reclamation Bureau NOTICES NOTICES Meetings: Meetings: National Institute of Environmental Health Sciences, Glen Canyon Technical Work Group, 6116 6110 National Institute of Neurological Disorders and Stroke, Securities and Exchange Commission 6110 NOTICES National Institute on Drug Abuse, 6110–6111 Agency information collection activities: Scientific Review Center, 6109–6110 Proposed collection; comment request, 6119–6120 Applications, hearings, determinations, etc.: National Oceanic and Atmospheric Administration Gradison Growth Trust et al., 6120–6122 PROPOSED RULES Horace Mann Mutual Funds et al., 6122–6124 Fishery conservation and management: Public utility holding company filings, 6124–6129 Alaska; fisheries of Exclusive Economic Zone— Selective Service System Western Alaska community development quota program, 6025–6032 NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 6129– New England Fishery Management Council, 6048–6049 6130 Western Pacific Fishery Management Council, 6049 Small Business Administration NOTICES National Park Service Organization, functions, and authority delegations: NOTICES District office name changes, 6130 Environmental statements; notice of intent: Denali National Park and Preserve, AK, 6115 Surface Mining Reclamation and Enforcement Office Meetings: PROPOSED RULES Denali National Park Subsistence Resource Commission, Permanent program and abandoned mine land reclamation 6115 plan submissions: Indiana, 6149–6157 National Science Foundation Ohio, 6005–6006 NOTICES Meetings: Surface Transportation Board Bioengineering and Environmental Systems Special NOTICES Emphasis Panel, 6116 Railroad operation, acquisition, construction, etc.: Design, Manufacture, and Industrial Innovation Special Albany Bridge Co., Inc., et al., 6133 Emphasis Panel, 6116–6117 Human Resource Development Special Emphasis Panel, Technology Administration 6117 NOTICES Materials Research Special Emphasis Panel, 6117 Committees; establishment, renewal, termination, etc.: Physics Special Emphasis Panel, 6117–6118 United States-China Science and Technology Physiology and Ethology Advisory Panel, 6118 Commission; Civil Industrial Technology Systematic and Population Biology Advisory Panel, 6118 Coordinating Committee, 6050 United States-Greek Initiative for Technology Cooperation Nuclear Regulatory Commission with Balkans, et al.; Joint Science and Technology NOTICES Cooperation Council, et al., 6050 Applications, hearings, determinations, etc.: Tennessee Valley Authority South Carolina Electric & Gas Co., 6118 NOTICES Southern Nuclear Operating Co., Inc., et al., 6118–6119 Environmental statements; notice of intent: Wolf Creek Nuclear Operating Corp., 6119 LSP Energy L.P.; option purchase agreement for supply of electric energy; termination, 6130 Presidential Documents PROCLAMATIONS Textile Agreements Implementation Committee Special observances: See Committee for the Implementation of Textile American Heart Month (Proc. 7166), 6179–6182 Agreements EXECUTIVE ORDERS Invasive Species (EO 13112), 6183–6186 Thrift Supervision Office PROPOSED RULES Public Health Service Regulated activities: See Centers for Disease Control and Prevention Exempt savings and loan holding companies and See Food and Drug Administration grandfathered activities, 5982–5985 See National Institutes of Health NOTICES Transportation Department Meetings: See Coast Guard National Toxicology Program— See Federal Aviation Administration Alternative Toxicological Methods Advisory See Federal Highway Administration Committee, 6111–6112 See Federal Railroad Administration Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Contents VII

See Federal Transit Administration Part III See National Highway Traffic Safety Administration Department of the Interior, Surface Mining Reclamation and See Surface Transportation Board Enforcement Office, 6149–6157 NOTICES Aviation proceedings: Part IV Hearings, etc.— Department of Transportation, Federal Aviation Sun Jet International, Inc., 6130 Administration, 6159–6164

Part V Treasury Department Department of Transportation, Federal Transit See Thrift Supervision Office Administration, 6165–6176 NOTICES Organization, functions, and authority delegations: Part VI Commissioner, Customs Service, 6133–6134 Department of Education, 6177–6178 Commissioner, Internal Revenue Service, 6134–6135 Deputy Secretary et al., 6135–6137 Part VII The President, 6179––6186

Separate Parts In This Issue Reader Aids Consult the Reader Aids section at the end of this issue for Part II phone numbers, online resources, finding aids, reminders, Department of Education, 6139–6147 and notice of recently enacted public laws. VIII Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7166...... 6180 Executive Orders: 11987 (Revoked by EO 13112)...... 6183 13112...... 6183 12 CFR 701...... 5927 904...... 5929 Proposed Rules: 584...... 5982 14 CFR 25...... 6160 71 (2 documents) ....5930, 6138 Proposed Rules: 39...... 5985 15 CFR 772...... 5931 774...... 5931 21 CFR Proposed Rules: 876...... 5987 23 CFR Proposed Rules: 180...... 5996 24 CFR Proposed Rules: 990...... 6138 30 CFR Proposed Rules: 914...... 6150 935...... 6005 33 CFR 165...... 5935 Proposed Rules: 165...... 6006 40 CFR 52...... 5936 Proposed Rules: 52...... 6008 83...... 6008 45 CFR 1309...... 5939 Proposed Rules: 1309...... 6013 47 CFR 0...... 5950 2...... 6138 11...... 5950 76...... 5950 100...... 5951 Proposed Rules: 73...... 6020 49 CFR Proposed Rules: 261...... 5996 571...... 6021 583...... 6021 640...... 5996 50 CFR 17 (2 documents) ...... 5957, 5963 Proposed Rules: 679...... 6025 5927

Rules and Regulations Federal Register Vol. 64, No. 25

Monday, February 8, 1999

This section of the FEDERAL REGISTER percent per year. It also authorized the Money Market Interest Rates contains regulatory documents having general Board to set a higher limit, after Interest rates and the expectations applicability and legal effect, most of which consulting with the Congress, the are keyed to and codified in the Code of about the future level of economic Department of Treasury and other activity have recently been dominated Federal Regulations, which is published under federal financial agencies, for a period 50 titles pursuant to 44 U.S.C. 1510. by concerns in worldwide financial not to exceed 18 months, if the Board markets. The downfall of many Asian The Code of Federal Regulations is sold by determined that: (1) money market economies and the unprecedented the Superintendent of Documents. Prices of interest rates have risen over the recession in Japan required the Federal new books are listed in the first FEDERAL preceding 6 months; and (2) prevailing Reserve, as the central bank most REGISTER issue of each week. interest rate levels threaten the safety capable of preventing a world-wide and soundness of individual credit economic downturn, to substantially unions as evidenced by adverse trends lower interest rates in early October of NATIONAL CREDIT UNION in growth, liquidity, capital, and last year. There are now indications that ADMINISTRATION earnings. the actions taken at that time had the 12 CFR Part 701 On December 3, 1980, the Board intended effect. Several of the Asian determined that the foregoing economics have recently shown signs of Loan Interest Rates conditions had been met. Accordingly, recovery and Japan, recognizing its the Board raised the loan ceiling for 9 vulnerability, has undertaken a massive AGENCY: National Credit Union months to 21 percent in the unstable fiscal stimulus package. Administration (NCUA). environment of the first-half of the The result is that inflation fears in the ACTION: Final rule. 1980s. The Board lowered the loan rate United States, which only recently were ceiling form 21 percent to 18 percent overshadowed by the Asian economic SUMMARY: The current 18 percent per effective May 18, 1987. This action was crisis, are reemerging. With the year federal credit union loan rate taken in an environment of falling economy still growing in excess of 3.5 ceiling is scheduled to revert to 15 market interest rates from 1980 to early percent per annum, and recovery now percent on March 9, 1999, unless 1987. The ceiling has remained at 18 underway in foreign economies, there otherwise provided by the NCUA Board percent to the present. are concerns that conditions exist for (Board). A 15 percent ceiling would further inflationary pressures. The restrict certain categories of credit and The Board believes that the 18 percent recent credit squeeze in financial adversely affect the financial condition ceiling will permit credit unions to markets, reflected by tighter bank credit of a number of federal credit unions. At continue to meet their current lending standards and wider credit spreads, has the same time, prevailing market rates programs, permit flexibility so that reduced capital expenditures, and thus and economic conditions do not justify credit unions can react to any adverse future productivity gains. Yet the strong a rate higher than the current 18 percent economic developments, and ensure productivity gains were a primary factor ceiling. Accordingly, the Board hereby that any increase in the cost of funds preventing price increase in the last few continues an 18 percent federal credit would not affect the safety and soundness of federal credit unions. years. union loan rate ceiling for the period The potential scarcity of capital, the The Board would prefer not to set from March 9, 1999 through September prospective improvement in the world loan interest rate ceilings for federal 8, 2000. Loans and lines of credit economies, and the expectation that oil credit unions. Credit unions are balances existing prior to May 18, 1987 prices could recover from their now 12- cooperatives that balance loan and share may continue to bear their contractual year lows and commodity prices from rates consistent with the needs of their rate of interest, not to exceed 21 percent. their 22-year lows will increase members and prevailing market interest The Board is prepared to reconsider the inflationary expectations. In addition, rates. 18 percent ceiling at any time should strong consumer confidence, a strong changes in economic conditions The Board supports free lending housing market and continued warrant. markets and the ability of federal credit expansion in consumer spending will EFFECTIVE DATE: March 9, 1999. unions boards of directors to establish continue to put pressure on the ADDRESSES: National Credit Union loan rates that reflect current market economy. With unemployment Administration, 1775 Duke Street, conditions and the interests of their remaining in the 4.5 percent range, and Alexandria, Virginia, 22314–3428. members. Congress has, however, the continued strong demand for FOR FURTHER INFORMATION CONTACT: Dan imposed loan rate ceilings since 1934. workers, wage pressures will increase. Gordon, Senior Investment Officer, In 1979, Congress set the ceiling at 15 In addition, as less skilled workers are Office of Investment Services, at the percent but authorized the Board to set employed and firms are required to use above address or telephone: (703) 518– a ceiling in excess of 15 percent, if more scarce resources, the pressures on 6620. conditions warrant. costs, and thus on prices, will intensify. SUPPLEMENTARY INFORMATION: The following analysis justifies a The result may well be further increases ceiling above 15 percent, but at the same in interest rates. Background time does not support a ceiling above Reinforcing the expectation of higher Public Law 96–221, enacted in 1979, the current 18 percent. The Board is rates, the Federal Reserve has strongly raised the loan interest rate ceiling for prepared to reconsider this actions at suggested it will not lower rates again in federal credit unions from 1 percent per any time should changes in economic the near term. The result has been an month (12 percent per year) to 15 conditions warrant. expectation in financial markets that 5928 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations interest rates could rise above current and on January 5, 1999, it was 4.54 in the same interval. Therefore, levels. Already there have been percent. The 5-year Treasury rate was although the current rates are below the substantial increases in yields since 4.55 percent on January 4, 1999. This rates of six months ago, there is every lows reached in early October. For was 48 basis points above the rate on indication that by March 9, 1999, rates example, on October 1, 1998, the rate on October 1, 1998, while the 10-year will be higher than they were on the 6-month Treasury was 4.36 percent, Treasury rate increased 39 basis points October 1.

TABLE 1.ÐTREASURY RATES

Yields as of Yields as of October 1, January 4, Change in Maturity 1998 1999 basis points (percent) (percent)

3-month ...... 4.22 4.67 25 6-month ...... 4.36 4.54 18 1-year ...... 4.27 4.57 30 2-year ...... 4.15 4.56 41 5-year ...... 4.07 4.55 48 10-year ...... 4.29 4.67 38 30-year ...... 4.88 5.15 27

The fact that long-term rates exceed than 873 credit unions charging over 15 TABLE 2.ÐFEDERAL CREDIT UNIONS short-term rates (for example, the 30- percent for unsecured loans to such WITH MOST COMMON UNSECURED year rate is 61 basis points above the 6- members. Many credit unions have LOAN RATES GREATER THAN 15 month rate) is more evidence that the ‘‘Credit Builder’’ or ‘‘Credit Rebuilder’’ PERCENTÐContinued market expects rates to rise in the loans but only report the ‘‘most months ahead. Investors are unwilling common’’ rate on the Call Report for [June 1998] to hold longer term investments unless unsecured loans. Lowering the interest Number they are compensated for these rate ceiling for credit unions would Peer group by asset Total all FCUs w/ potentially higher future rates. discourage credit unions from making size FCUs loan rates Further declines in the these loans. Credit seekers’ options >15% unemployment rate, rising consumer would be reduced and most of the confidence, continued income growth affected members would have no $10±50 mil ...... 1,735 214 and a strong equity market have led alternative but to turn to other lenders $50 mil+ ...... 842 111 who will charge much higher rates. many to be concerned that consumer Total 1 ...... 6,907 873 demand may rise at a faster pace in the Small credit unions would be months ahead. We need to be aware of particularly affected by a lower loan 1 Of this total, 4,083 had either a zero bal- these potential inflationary pressures ceiling since they tend to have a higher ance or did not report rate balances 15 percent and above. which could result in higher interest level of unsecured loans, typically with rates. Therefore, it is important to lower loan balances. Thus, small credit Among the 871 credit unions where maintain the 18 percent ceiling. unions making small loans to members the most common rate is more than 15 Lowering the interest rate ceiling at this with poor or no credit histories are percent for unsecured loans, 242 have time could cause an unnecessary burden struggling with far higher costs than the 20 percent or more of their assets (Table on credit unions. typical credit union. Both young people 3) in this category. For these credit Financial Implications for Credit and lower income households have unions, lowering the rates would Unions limited access to credit and, absent a damage their liquidity, capital, earnings, credit union, often pay rates of 24 to 30 and growth. For at least 873 credit unions, percent to other lenders. Rates between 1 representing 28 percent of the 15 and 18 percent are attractive to such TABLE 3.ÐFEDERAL CREDIT UNIONS reporting federal credit unions, the most members. WITH MOST COMMON UNSECURED common rate on unsecured loans was Table 2 shows the number of credit LOAN RATES GREATER THAN 15 above 15 percent. While the bulk of unions in each asset group where the PERCENT AND MORE THAN 20 PER- credit union lending is below 15 most common rate is more than 15 percent, small credit unions and credit percent for unsecured loans. CENT OF ASSETS IN UNSECURED unions that have instituted risk-based LOANS lending programs require interest rates TABLE 2.ÐFEDERAL CREDIT UNIONS [June 1998] above 15 percent to maintain liquidity, WITH MOST COMMON UNSECURED capital, earnings, and growth. Loans to LOAN RATES GREATER THAN 15 Avg. per- Number members who have not yet established centage PERCENT FCUs a credit history or have weak credit Peer group by asset of loan meeting [June 1998] size rates histories have more credit risk. Credit >15% to both cri- unions must charge rates to cover the assets teria Number potential of higher than usual losses for Peer group by asset Total all FCUs w/ such loans. There are undoubtedly more size FCUs loan rates $0±2 mil ...... 38.31 95 >15% $2±10 mil ...... 28.46 61 1 Of the 6,907 FCUs, 4,083 had zero balances in $10±50 mil ...... 25.62 22 the 15 percent and above category or did not report $0±2 mil ...... 1,940 214 $50 mil+ ...... 23.34 7 a balance for the June 1998 reporting period. $2±10 mil ...... 2,390 334 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5929

TABLE 3.ÐFEDERAL CREDIT UNIONS By the National Credit Union EFFECTIVE DATE: The final rule will WITH MOST COMMON UNSECURED Administration Board on January 28, 1999. become effective on March 10, 1999. Becky Baker, LOAN RATES GREATER THAN 15 FOR FURTHER INFORMATION CONTACT: Secretary of the Board. PERCENT AND MORE THAN 20 PER- Elaine L. Baker, Secretary to the Board Accordingly, NCUA amends 12 CFR CENT OF ASSETS IN UNSECURED and Associate Director, Executive ch. VII as follows: LOANSÐContinued Secretariat, Office of the Managing [June 1998] PART 701ÐORGANIZATION AND Director, by telephone at 202/408–2837 OPERATION OF FEDERAL CREDIT or by electronic mail at [email protected], Avg. per- UNIONS or Janice A. Kaye, Attorney-Advisor, centage Number Office of General Counsel, by telephone FCUs 1. The authority citation for part 701 Peer group by asset of loan meeting at 202/408–2505 or by electronic mail at size rates continues to read as follows: >15% to both cri- [email protected], Federal Housing assets teria Authority: 12 U.S.C. 1752(5), 1755, 1756, Finance Board, 1777 F Street, N.W., 1757, 1759, 1761a, 1761b, 1766, 1767, 1782, Washington, D.C. 20006. Total ...... 32.99 185 1784, 1787, and 1789. Section 701.6 is also authorized by 15 U.S.C. 3717. Section 701.31 SUPPLEMENTARY INFORMATION: is also authorized by 15 U.S.C. 1601 et seq.; In conclusion, the Board has 42 U.S.C. 1981 and 3601–3610. Section I. Statutory and Regulatory Background continued the federal credit union loan 701.35 is also authorized by 42 U.S.C. 4311– Congress amended the FOIA by interest rate ceiling of 18 percent per 4312. enacting the Electronic Freedom of year for the period from March 9, 1999, 2. Section 701.21(c)(7)(ii)(C) is revised Information Act Amendments of 1996 through September 9, 2000. Loans and to read as follows: (EFOIA). See 5 U.S.C. 552, as amended line of credit balances existing on May by Pub. L. 104–231, 110 Stat. 3048 (Oct. 16, 1987 may continue to bear interest § 701.21 Loans to members and lines of credit to members. 2, 1996). Among other procedural at their contractual rate, not to exceed * * * * * changes, the EFOIA increases the time 21 percent. Finally, the Board is (c) * * * for responding to a FOIA request from prepared to reconsider the 18 percent (7) * * * 10 to 20 days, specifically applies the ceiling at any time during the extension (ii) * * * FOIA disclosure requirements to (C) Expiration. After September 9, period, should changes in economic electronic records, and adds frequently 2000, or as otherwise ordered by the conditions warrant. requested records as a category of NCUA Board, the maximum rate on reading room records. The EFOIA also Regulatory Procedures federal credit union extensions of credit requires an agency to promulgate to members shall revert to 15 percent Administrative Procedure Act regulations that provide for the per year. Higher rates may, however, be The Board has determined that notice charged, in accordance with paragraph expedited processing of FOIA requests. and public comment on this rule are (c)(7)(ii)(A) and (B) of this section, on In July 1998, the Finance Board impractical and not in the public loans and line of credit balances published an interim final rule with interest. 5 U.S.C. 553(b)(3)(B). Due to existing on or before May 16, 1987. request for comments that amended its the need for a planning period prior to * * * * * FOIA regulation to comply with these the March 9, 1999, expiration date of the [FR Doc. 99–2843 Filed 2–5–99; 8:45 am] statutory changes. See 63 FR 37483 (July 13, 1998), codified at 12 CFR part 904. current rule, and the threat to the safety BILLING CODE 7535±01±U and soundness of individual credit The interim final rule also reorganized unions with insufficient flexibility to and streamlined the FOIA regulation to determine loan rates, final action of the FEDERAL HOUSING FINANCE BOARD clarify the Finance Board’s practices loan rate ceiling is necessary. and procedures in responding to 12 CFR Part 904 requests for information. The 60-day Regulatory Flexibility Act [No. 99±7] public comment period closed on September 11, 1998. See id. For the same reasons, a regulatory RIN 3069±AA71 flexibility analysis is not required. 5 II. Analysis of Public Comments and U.S.C. 604(a). However, the Board has Revisions to the Freedom of the Final Rule considered the need for this rule, and Information Act Regulation the alternatives, as set forth above. The Finance Board received no AGENCY: Federal Housing Finance comments in response to the interim Paperwork Reduction Act Board. final rule. Thus, for the reasons set forth ACTION: Final rule. in detail in the interim final rulemaking, There are no paperwork requirements. SUMMARY: The Federal Housing Finance the Finance Board is adopting the Executive Order 12612 Board (Finance Board) is adopting the interim final rule amending its FOIA interim final rule that revised its regulation to comply with new statutory This final rule does not affect state Freedom of Information Act (FOIA) requirements and to clarify the Finance regulation of credit unions. It regulation to comply with new statutory Board’s practices and procedures in implements provisions of the Federal requirements and to clarify the Finance responding to requests for information Credit Union Act applying only to Board’s practices and procedures in with one minor procedural change. The federal credit unions. responding to requests for information procedural change makes clear that the List of Subjects in 12 CFR Part 701 as a final rule with one minor Office of Resource Management is the procedural change. The change makes agency component responsible for Credit, Credit unions, Loan interest clear that the Office of Resource collecting FOIA fees. More specifically, rates. Management is the agency component in § 904.9(f), which concerns the responsible for collecting FOIA fees. collection of FOIA fees, the Finance 5930 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations

Board is replacing the reference to the DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Secretary to the Board with a reference Request for Comments on the Rule to the Office of Resource Management. Federal Aviation Administration Although this action is a final rule, III. Regulatory Flexibility Act 14 CFR Part 71 which involves amending the Class D airspace description for Hunter AAF, The Finance Board adopted this [Airspace Docket No. 99±ASO±2] and was not preceded by notice and amendment to part 904 in the form of public procedure, comments are invited an interim final rule and not as a Amendment of Class D Airspace; on the rule. This rule will become proposed rule. Therefore, the provisions Hunter Army Airfield (AAF) effective on the date specified in the of the Regulatory Flexibility Act do not DATES section. However, after the review apply. See 5 U.S.C. 601(2), 603(a). AGENCY: Federal Aviation of any comments and, if the FAA finds Administration (FAA), DOT. further changes are appropriate, it will IV. Paperwork Reduction Act ACTION: Final rule; request for initiate rulemaking procedures to The final rule does not contain any comments. extend the effective date or to amend collections of information pursuant to the regulation. the Paperwork Reduction Act of 1995. SUMMARY: This amendment modifies the Comments that provide the factual See 44 U.S.C. 3501 et seq. Consequently, Hunter AAF Class D surface airspace basis supporting the views and the Finance Board has not submitted description by excluding that airspace suggestions presented are particularly helpful in evaluating the effects of the any information to the Office of within a 10-mile radius of Savannah International Airport extending upward rule, and in determining whether Management and Budget for review. from 1,300 feet MSL that underlies the additional rulemaking is required. List of Subjects in 12 CFR Part 904 Savannah, GA, Class C airspace area. By Comments are specifically invited on definition, Class D surface area airspace the overall regulatory, aeronautical, Confidential business information, extends upward from the surface of the economic, environmental, and energy- Federal home loan banks, Freedom of earth to a designated altitude, or to the related aspects of the rule which might information. adjacent or overlying controlled suggest the need to modify the rule. For the reasons stated in the airspace of a higher classification. Since The Rule preamble, the Finance Board hereby a portion of the Savannah Class C airspace area overlying Hunter AAF This amendment to Part 71 of the adopts the interim final rule amending Federal Aviation Regulations (14 CFR 12 CFR part 904 that was published at extends upward from 1,300 feet MSL, the portion of the Hunter AAF Class D part 71) modifies the Class D airspace 63 FR 37483 on July 13, 1998, as a final description for Hunter AAF by rule with the following change: surface area airspace that underlies the Class C airspace area should be without excluding that portion within the the incorrectly specified upper limit, Savannah, GA, Class C airspace area. PART 904ÐFREEDOM OF Class D airspace designations for surface INFORMATION ACT REGULATION such as that improperly contained in the current description. Therefore, the areas are published in paragraph 5000 of Hunter AAF Class D surface area FAA Order 7400.9F, dated September 1. The authority citation for part 904 10, 1998, and effective September 16, continues to read as follows: airspace extends upward from the surface to and including 2,500 feet MSL 1998, which is incorporated by Authority: 5 U.S.C. 552, 52 FR 10012 (Mar. within a 4.5-mile radius of the Hunter reference in 14 CFR 71.1. The Class D 27, 1987). AAF, excluding that portion within the airspace designation listed in this document will be published 2. Amend § 904.9 by revising Savannah, GA, Class C airspace area extending upward from 1,300 feet MSL, subsequently in the Order. paragraph (f)(2) to read as follows: Since this action only makes a and that airspace north of lat. technical amendment to the Class D § 904.9 Fees. 32°02′30′′N. This action corrects that surface area description and should technical discrepancy. (f) * * * have no impact on the users of the (2) To pay fees and interest assessed DATES: Effective Date: 0901 UTC, May airspace in the vicinity of Hunter AAF under this section, a requester shall 20, 1999. the notice and public procedure under deliver to the Office of Resource Comments Date: Comments must be 5 U.S.C. 553(b) are unnecessary. Management, located at the Federal received on or before March 10, 1999. The FAA has determined that this regulation only involves an established Housing Finance Board, 1777 F Street ADDRESSES: Send comments on the body of technical regulations for which N.W., Washington, D.C. 20006, a check proposal in triplicate to: Federal frequent and routine amendments are or money order made payable to the Aviation Administration, Docket No. 99–ASO–2, Manager, Airspace Branch, necessary to keep them operationally ‘‘Federal Housing Finance Board.’’ current. It, therefore, (1) is not a * * * * * ASO–520, P.O. Box 20636, Atlanta, Georgia 30320. ‘‘significant regulatory action’’ under Dated: January 27, 1999. Executive order 12866; (2) is not a The official docket may be examined By the Board of Directors of the Federal ‘‘significant rule’’ under DOT in the Office of the Regional Counsel for Housing Finance Board. Regulatory Policies and Procedures (44 Southern Region, Room 550, 1701 FR 11034; February 26, 1979); and (3) Bruce A. Morrison, Columbia Avenue, College Park, Georgia Chairperson. does not warrant preparation of a 30337, telephone (404) 305–5627. regulatory evaluation as the anticipated [FR Doc. 99–2589 Filed 2–5–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: impact is so minimal. Since this is a BILLING CODE 6725±01±P Nancy B. Shelton, Airspace Branch, Air routine matter that will only affect air Traffic Division, Federal Aviation traffic procedures and air navigation, it Administration, P.O. Box 20636, is certified that this rule will not have Atlanta, Georgia 30320; telephone (404) a significant economic impact on a 305–5627. substantial number of small entities Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5931 under the criteria of the Regulatory DEPARTMENT OF COMMERCE certain technical revisions in the Flexibility Act. MTCR’s missile technology list. The Bureau of Export Administration changes agreed at the November, 1997 List of Subjects in 14 CFR Part 71 meeting have been adopted by the 15 CFR Parts 772 and 774 Airspace, Incorporation by Reference, member countries and are contained in Navigation (air). RIN 0694±AB75 this interim rule. Many of the changes redefine the scope of the technical Adoption of the Amendment [Docket No. 990112008±9008±01] parameters describing missile technology items controlled for export In consideration of the foregoing, the Revisions to the Commerce Control List: Changes in Missile Technology or reexport. Federal Aviation Administration Specifically, this rule makes the Controls amends 14 CFR part 71 as follows: following revisions: AGENCY: Bureau of Export (1) Clarifies controls on metal powder PART 71Ð[Amended] Administration, Commerce. production equipment and also includes ACTION: Interim rule with request for certain plasma generators and 1. The authority citation for 14 CFR comments. electroburst equipment usable for part 71 continues to read as follows: making spherical metallic powder. Authority: 49 U.S.C. 106(g); 40103, 40113, SUMMARY: The Bureau of Export These revisions are described in a new 40120; EO 10854, 24 FR 9565, 3 CFR 1959– Administration (BXA) maintains the entry (ECCN 1B117), which also 1963 Comp., p. 389; 14 CFR 11.69. Commerce Control List (CCL), which includes mixers and fluid energy mills identifies those items subject to previously controlled under ECCN § 71.1 [Amended] Department of Commerce export 1B115. ECCN 1B115 will now control liquid propellant production equipment 2. The incorporation by reference in controls. This interim rule amends the only. All solid propellant production 14 CFR 71.1 of Federal Aviation CCL by revising a number of items equipment have been consolidated into Administration Order 7400.9F, Airspace subject to control for missile technology reasons. These changes to the CCL are the new entry (ECCN 1B117). Designations and Reporting Points, the result of the decisions taken by the (2) Clarifies the control text for metal dated September 10, 1998, and effective Missile Technology Control Regime powder described under ECCN 1C111. September 16, 1998, is amended as (MTCR), in November 1997. (3) Adds a new control for Titanium- follows: The changes made by this rule are stabilized duplex stainless steel (ECCN Paragraph 5000—Class D Airspace intended to conform the list of missile 1C118). This control has been added to prevent the proliferation of these * * * * * technology related items controlled by the United States to the list agreed and materials to missile projects of concern. ASO GA D Savannah, GA [Revised] adopted by the countries participating (4) Broadens controls on certain test, calibration and alignment equipment Hunter AAF in the MTCR. described in Category 7B for gyroscopes, (lat. 32°00′35′′N, long. 81°08′44′′W) Although the Export Administration Act (EAA) expired on August 20, 1994, accelerometers, inertial and navigation Savannah International Airport equipment described in Category 7A, by (lat. 32°07′39′′N, long. 81°12′08′′W) the President invoked the International Emergency Economic Powers Act and replacing the term ‘‘specially designed’’ That airspace extending upward from the continued in effect the EAR, and to the with the term ‘‘designed or modified’’ as surface to and including 2,500 feet MSL extent permitted by law, the provisions the equipment modifier and by further within a 4.5-mile radius of Hunter AAF; of the EAA, as amended, in Executive defining some specific types of excluding that portion of the overlying Order 12924 of August 19, 1994, as equipment to be controlled. These Savannah, GA, Class C airspace area and that specific types of equipment include ° ′ ′′ extended by the President’s notices of airspace north of lat. 32 02 30 N. This Class certain balancing machines, indicator D airspace is effective during the specific August 17, 1995 (60 FR 42767), August 14, 1996 (61 FR 42527), August 13, 1997 heads, motion simulators, positioning/ days and times established in advance by a rate tables and centrifuges that are Notice to Airmen. The effective days and (62 FR 43629), and August 13, 1998 (63 FR 44121). specified in a new entry (ECCN 7B104). times will thereafter be continuously In addition, ECCN 7B101 was added to DATES: This rule is effective February 8, published in the Airport/Facility Directory. control other production equipment not 1999. Comments must be received by * * * * * specified in ECCN 7B104 that are April 9, 1999. Issued in College Park, Georgia, on January ‘‘designed or modified’’ to be used with 21, 1999. ADDRESSES: Written comments (six certain equipment described in Category Nancy B. Shelton, copies) should be sent to Patricia 7A. Muldonian, Regulatory Policy Division, Acting Manager, Air Traffic Division, Bureau of Export Administration, Savings Clause Southern Region. Department of Commerce, P.O. Box 273, This rule revises the numbering and [FR Doc. 99–2933 Filed 2–5–99; 8:45 am] Washington, DC 20044. structure of certain entries on the BILLING CODE 4910±13±M FOR FURTHER INFORMATION CONTACT: Commerce Control List. For items under Vince Chin, Office of Nuclear and such entries, BXA will accept either the Missile Technology Controls, Bureau of entries described before February 8, Export Administration, Telephone: 1999 or the entries described by this (202) 482–0998. rule until May 10, 1999. In addition, SUPPLEMENTARY INFORMATION: this rule imposes new controls on certain items. Shipments of items Background removed from eligibility under a At the November, 1997, meeting of particular License Exception the Missile Technology Control Regime authorization or the designator NLR, (MTCR), the member countries made may continue to be exported or 5932 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations reexported under that License Exception Regulatory Flexibility Act (5 U.S.C. 601 CFR Parts 730–799) are amended as authorization or designator until May et seq. ) are not applicable. follows: 10, 1999, except for shipments of such However, because of the importance 1. The authority citation for 15 CFR items to the People’s Republic of China. of the issues raised by these regulations, part 774 is revised to read as follows: In light of recently enacted Presidential this rule is issued in interim form and Authority: 50 U.S.C. app. 2401 et seq., certification requirements involving the comments will be considered in the 1701 et seq., app. 5; 10 U.S.C. 7420, 7430(e); export to the People’s Republic of China development of final regulations. 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c, 3201 of items controlled for missile Accordingly, the Department et seq., 6004; Sec. 201, Pub. L. 104–58, 109 technology reasons, contained in section encourages interested persons who wish Stat. 557 (30 U.S.C. 185(s), 185(u)); 42 U.S.C. 1512 of the Strom Thurmond Defense to comment to do so at the earliest 2139a, 6212; 43 U.S.C. 1354; 46 U.S.C. app. Authorization Act for Fiscal Year 1999 possible time to permit the fullest 466c; E.O. 12924, 3 CFR, 1994 Comp., p. 917; (P.L. 105–261), shipments of such items E.O. 13026, 3 CFR, 1996 Comp., p. 228; consideration of their views. Notice of August 13, 1998 (63 FR 44121, to the People’s Republic of China are The period for submission of August 17, 1998). subject to the licensing requirements of comments will close April 9, 1999. The 2. The authority citation for 15 CFR the regulation as of the effective date of Department will consider all comments part 772 is revised to read as follows: publication. received before the close of the Rulemaking Requirements comment period in developing final Authority: 50 U.S.C. app. 2401 et seq.; 50 regulations. Comments received after U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437, 1. This final rule has been determined the end of the comment period will be 3 CFR, 1994 Comp., p. 917; E.O. 12938, 3 to be not significant for the purposes of considered if possible, but their CFR, 1994 Comp., p. 950; E.O. 13026, 3 CFR, 1996 Comp., p. 228; Notice of August 13, Executive Order 12866. consideration cannot be assured. The 2. Not withstanding any other 1997 (62 FR 43629, August 15, 1997); Notice Department will not accept public provision of law, no person is required of August 13, 1998 (63 FR 44121, August 17, comments accompanied by a request to respond to nor be subject to a penalty 1998). that a part or all of the material be for failure to comply with a collection 3. Part 772 is amended by revising the treated confidentially because of its of information subject to the definition for ‘‘production’’ and by business proprietary nature or for any requirements of the Paperwork adding a definition for ‘‘production other reason. The Department will Reduction Act unless that collection of equipment’’ to read as follows: information displays a current valid return such comments and materials to OMB Control Number. This rule the person submitting the comments PART 772ÐDEFINITION OF TERMS involves a collection of information and will not consider them in the development of final regulations. All * * * * * subject to the Paperwork Reduction Act ‘‘Production’’. (General Technology of 1980 (44 U.S.C. 3501 et seq.). This public comments on these regulations will be a matter of public record and Note) (Cat. 1 and 7)—Means all collection has been approved by the production stages, such as: product Office of Management and Budget under will be available for public inspection and copying. In the interest of accuracy engineering, manufacture, integration, control number 0694–0088. assembly (mounting), inspection, 3. This rule does not contain policies and completeness, the Department testing, quality assurance. with Federalism implications sufficient requires comments in written form. Oral comments must be followed by ‘‘Production equipment’’. (MTCR to warrant preparation of a Federalism context)—Tooling, templates, jigs, assessment under Executive Order written memoranda, which will also be a matter of public record and will be mandrels, moulds, dies, fixtures, 12612. alignment mechanisms, test equipment, 4. Because a notice of proposed available for public review and copying. other machinery and components rulemaking and an opportunity for The public record concerning these therefor, limited to those specially public comment are not required to be regulations will be maintained in the designed or modified for given for this rule by the Administrative Bureau of Export Administration ‘‘development’’ or for one or more Procedure Act (5 U.S.C. 553) or by any Freedom of Information Records phases of ‘‘production’’. other law, under section 3(a) of the Inspection Facility, Room 4525, Regulatory Flexibility Act (5 U.S.C. Department of Commerce, 14th Street * * * * * and Pennsylvania Avenue, N.W., 603(a) and 604(a)) no initial or final PART 774Ð[AMENDED] Regulatory Flexibility Analysis has to be Washington, D.C. 20230. Records in this or will be prepared. facility, including written public Supplement No. 1 to part 774—the 5. The provisions of the comments and memoranda Commerce Control List Administrative Procedure Act, (5 U.S.C. summarizing the substance of oral 4. In Supplement No. 1 to part 774 553), requiring notice of proposed communications, may be inspected and (the Commerce Control List), Category rulemaking, the opportunity for public copied in accordance with regulations 1—Materials, Chemicals, participation, and a delay in effective published in Part 4 of Title 15 of the ‘‘Microorganisms’’, and Toxins, the date, are inapplicable because this Code of Federal Regulations. following Export Control Classification regulation involves a military or foreign Information about the inspection and copying of records at the facility may be Numbers (ECCNs) are amended: affairs function of the United States a. By revising the entry heading and obtained from Henry Gaston, Bureau of (Sec. 5 U.S.C. 553(a)(1)). Further, no the List of Items Controlled section for Export Administration Freedom of other law requires that a notice of ECCN 1B115; proposed rulemaking and an Information Officer, at the above b. By adding ECCN 1B117; opportunity for public comment be address or by calling (202) 482–0500. c. By revising the List of Items given for this interim rule. Because a List of Subjects in 15 CFR Parts 772 and Controlled section for ECCN 1C111; notice of proposed rulemaking and an 774 d. By adding ECCN 1C118; opportunity for public comment are not e. By revising the Reason for Control required to be given for this rule under Exports, Foreign trade. section for ECCN 1E001; and 5 U.S.C. or by any other law, the Accordingly, parts 772 and 774 of the f. By revising the entry heading for analytical requirements of the Export Administration Regulations (15 ECCN 1E101; to read as follows: Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5933

1B115 ‘‘Production equipment’’ for are those controlled in 1B117.a through Related Controls: (1) The following the production, handling or acceptance d. (2) Forms of metal powder materials, whether or not encapsulated testing of liquid propellants or ‘‘production equipment’’ not specified in aluminum, beryllium, magnesium, or propellant constituents controlled by in 1B117.d. are to be evaluated in zirconium are subject to the export 1C011, 1C111 or on the U.S. Munitions accordance with 1B117.e. licensing authority of the U.S. List, and specially designed components Items: a. Batch mixers with provision Department of State, Office of Defense therefor. for mixing under vacuum in the range Trade Controls: (See 22 CFR part 121): * * * * * from zero to 13.326 kPa, and with (a) Spherical aluminum powder with temperature control capability of the particles of uniform diameter 60 x 10-6 List of Items Controlled mixing chamber and having: m (60 micrometers) or less and an Unit: Equipment in number; a.1. A total volumetric capacity of 110 aluminum content of 99 percent or components in $ value liters (30 gallons) or more; and greater; (b) Zirconium, beryllium, boron, Related Controls: (1) For equipment a.2 At least one mixing/kneading shaft magnesium and alloys of these, in specially designed for the production of mounted off center; particle sizes of less than 60 x 10-6 m (60 military propellants or propellant b. Continuous mixers with provision micrometers), whether spherical, constituents, see the U.S. Munitions for mixing under vacuum in the range atomized, spheroidal, flaked or ground, List. (2) Items when specifically from zero to 13.326 kPa, and with consisting 99% or more by weight of designed, developed, configured, temperature control capability of the any of the above mentioned metals; (c) adapted or modified to produce an item mixing chamber and having: iron powder with average particle size on the USML are subject to the export b.1. Two or more mixing/kneading of 3 x 10-6 m (3 microns) or less licensing authority of the U.S. State shafts; and produced by hydrogen reduction of iron Department, Office of Defense Trade b.2. Capability to open the mixing oxide. (2) For propellants and Controls (see 22 CFR Part 121). chamber. constituent chemicals for propellants Related Definitions: N/A. c. Fluid energy mills usable for not controlled by 1C111, see the U.S. Items: The list of items controlled is grinding or milling propellant or Munitions List. contained in the ECCN heading. propellant constituents specified in Related Definitions: N/A. * * * * * 1C011 or 1C111, or on the U.S. Items: a. Propulsive substances: 1B117 ‘‘Production equipment’’, as Munitions List. a.1. Spherical aluminum powder, follows (see List of Items Controlled), d. Metal powder ‘‘production other than that specified on the U.S. for the production, handling or equipment’’ usable for the Munitions List, with particles of acceptance testing of solid propellants ‘‘production’’, in a controlled uniform diameter of less than 500 or propellant constituents controlled by environment, of spherical or atomized micrometer and an aluminum content of 1C011, 1C111 or on the U.S. Munitions materials specified in 1C011 or 1C111 97% by weight or greater; List. a.1. or a.2., or on the U.S. Munitions List a.2. Zirconium, beryllium, boron, including: License Requirements magnesium and alloys of these, other d.1. Plasma generators (high than that controlled by the U.S. Reason for Control: MT, AT. frequency arc-jet) usable for obtaining Munitions List, in particle sizes of less sputtered or spherical metallic powders than 500 x 10-6 m (500 micrometers), Control(s) Country chart with organization of the process in an whether spherical, atomized, MT applies to entire entry .. MT Column 1. argon-water environment; spheroidal, flaked or ground, consisting AT applies to entire entry .. AT Column 1. d.2. Electroburst equipment usable for 97% or more by weight of any of the obtaining sputtered or spherical metallic above mentioned metals. License Exceptions powders with organization of the a.3. Liquid oxidizers, as follows: process in an argon-water environment; a.3.a. Dinitrogen trioxide; LVS: N/A d.3. Equipment usable for the a.3.b. Nitrogen dioxide/dinitrogen GBS: N/A ‘‘production’’ of spherical aluminium tetroxide; CIV: N/A powders by powdering a melt in an a.3.c. Dinitrogen pentoxide; List of Items Controlled inert medium (e.g. nitrogen). b. Polymeric substances: Unit: Equipment in number; e. ‘‘Production equipment’’ for the b.1. Carboxy-terminated components in $ value production, handling, mixing, curing, polybutadiene (CTPB); Related Controls: (1) See also 1B115. casting, pressing, machining, extruding b.2. Hydroxy-terminated (2) For equipment specially designed for or acceptance testing of solid polybutadiene (HTPB), other than that the production of military propellants or propellants or propellant constituents controlled by the U.S. Munitions List; propellant constituents, see the U.S. described in 1C011 or 1C111, or on the b.3. Polybutadiene-acrylic acid Munitions List. (3) This entry does not U.S. Munitions List, other than those (PBAA); control equipment for the ‘‘production’’, described in 1B117.a through d. b.4. Polybutadiene-acrylic acid- handling and acceptance testing of f. Specially designed components for acrylonitrile (PBAN); boron carbide. (4) Items when the equipment controlled in 1B117.a c. Other propellant additives and specifically designed, developed, through e. agents: configured, adapted or modified to * * * * * c.1. Butacene; produce an item on the USML are 1C111 Propellants and constituent c.2. Triethylene glycol dinitrate subject to the export licensing authority chemicals for propellants, other than (TEGDN); of the U.S. State Department, Office of those controlled by 1C011, as follows c.3. 2-Nitrodiphenylamine; Defense Trade Controls (see 22 CFR Part (see List of Items Controlled). c.4. Trimethylolethane trinitrate 121.). * * * * * (TMETN); Related Definitions: (1) The only c.5. Diethylene glycol dinitrate batch mixers, continuous mixers, and List of Items Controlled (DEGDN). fluid energy mills controlled in 1B117, Unit: Kilograms. * * * * * 5934 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations

1C118 Titanium-stabilized duplex Control(s) Country chart motor test station; gyro evacuation and stainless steel (Ti-DSS): filling station; centrifuge fixtures for MT applies to ``technology'' MT Column 1. gyro bearings; accelerometer axis align License Requirements for items controlled by station; and accelerometer test station. Reason for Control: MT, AT. 1B001, 1B101, 1B115, Related Definitions: N/A. 1B116, 1B117, 1C001, Items: The list of items controlled is 1C007, 1C101, 1C107, Control(s) Country chart contained in the ECCN heading. 1C011, 1C111, 1C116, 7B101 ‘‘Production equipment’’, and 1C117, or 1C118 for MT MT applies to entire entry. MT Column 1. other test, calibration, and alignment 1AT applies to entire entry. AT Column 1. reasons. NP applies to ``technology'' NP Column 1. equipment, other than that described in for items controlled by 7B003, 7B102 and 7B104, designed or License Exceptions 1A002, 1B001, 1B101, modified to be used with equipment LVS: N/A 1B201, 1B225 to 1B232, controlled by 7A001–7A004 or 7A101– 1C001, 1C010, 1C202, 7A104. GBS: N/A 1C210, 1C216, 1C225 to CIV: N/A 1C234, 1C236 to 1C238 License Requirements for NP reasons. Reason for Control: MT, AT. List of Items Controlled CB applies to ``technology'' CB Column 1. Unit: Kilograms. for items controlled by Control(s) Country chart 1C351, 1C352, 1C353, Related Controls: N/A. or 1C354. MT applies to entire entry .. MT Column 1. Related Definitions: N/A. CB applies to ``technology'' CB Column 2. AT applies to entire entry .. AT Column 1. Items: a. Titanium-stabilized duplex for materials controlled stainless steel (Ti-DSS) having: by 1C350. AT applies to entire entry .. AT Column 1. License Exceptions a.1. All of the following LVS: N/A characteristics: * * * * * GBS: N/A a.1.a. Containing 17.0–23.0 weight 1E101 ‘‘Technology’’ according to CIV: N/A percent chromium and 4.5–7.0 weight the General Technology Note for the List of Items Controlled percent nickel, and ‘‘use’’ of goods controlled by 1A102, a.1.b. A ferritic-austenitic 1B001, 1B101, 1B115, 1B116, 1B117, Unit: $ value. microstructure (also referred to as a two- 1C001, 1C007, 1C011, 1C101, 1C107, Related Controls: (1) See also 7B003, phase microstructure) of which at least 1C111, 1C116, 1C117, 1C118, 1D101 or 7B102, 7B104 and 7B994. (2) This entry 10 percent is austenite by volume 1D103. includes: inertial measurement unit (according to ASTM E–1181-87 or * * * * * tester (IMU module); IMU platform national equivalents), and 5. In Supplement No. 1 to part 774 tester; IMU stable element handling a.2. Any of the following forms: (the Commerce Control List), Category fixture; IMU platform balance fixture; gyro tuning test station; gyro dynamic a.2.a. Ingots or bars having a size of 7—Navigation and Avionics, the balance station; gyro run-in/motor test 100 mm or more in each dimension; following Export Control Classification station; gyro evacuation and filling a.2.b. Sheets having a width of 600 Numbers (ECCNs) are amended: a. By revising the List of Items station; centrifuge fixtures for gyro mm or more and a thickness of 3 mm bearings; accelerometer axis align or less; Controlled section for ECCN 7B003; b. By adding ECCN 7B101; station; and accelerometer test station. or c. By revising the entry heading and Related Definitions: N/A. Items: The list of items controlled is a.2.c. Tubes having an outer diameter List of Items Controlled section for contained in the ECCN heading. of 600 mm or more and a wall thickness ECCN 7B102; 7B102 Equipment, other than those of 3 mm or less. d. By adding ECCN 7B104; e. By revising the entry heading for controlled by 7B002, designed or * * * * * ECCN 7D101; and modified to characterize mirrors, for 1E001 ‘‘Technology’’ according to f. By revising the entry heading for laser gyro equipment, as follows (see the General Technology Note for the ECCN 7E101, to read as follows: List of Items Controlled). ‘‘development’’ or ‘‘production’’ of 7B003 Equipment specially * * * * * items controlled by 1A001.b, 1A001.c, designed for the ‘‘production’’ of 1A002, 1A003, 1A004, 1A005, 1A102, equipment controlled by 7A (except List of Items Controlled 1B or 1C (except 1C980 to 1C984, 7A994). Unit: $ value. 1C988, 1C990, 1C991, 1C992, 1C994 and * * * * * Related Controls: N/A. 1C995). Related Definitions: N/A. List of Items Controlled Items: a. Scatterometers having a License Requirements Unit: $ value. measurement accuracy of 10 ppm or less Reason for Control: NS, MT, NP, CB, Related Controls: (1) See also 7B103, (better). AT. (this entry is subject to the licensing b. Reflectometers having a authority of the U.S. Department of measurement accuracy of 50 ppm or less Control(s) Country chart State, Office of Defense Trade Controls (better). (see 22 CFR part 121) 7B101 and 7B994. c. Profilometers having a NS applies to ``technology'' NS Column 1. (2) This entry includes: inertial measurement accuracy of 0.5nm (5 for items controlled by Angstroms) or less (better). 1A001.b and .c, 1A002, measurement unit tester (IMU module); 1A003, 1B001 to 1B003, IMU platform tester; IMU stable element * * * * * 1B018, 1B225, 1C001 to handling fixture; IMU platform balance 7B104 Equipment, designed or 1C010, 1C018, 1C230, fixture; gyro tuning test station; gyro modified to be used with equipment 1C231, 1C233, or 1C234. dynamic balance station; gyro run-in/ controlled by 7A001–7A004, or 7A101– Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5935

7A104, as follows (see List of Items c.3.b. Having a worst case rate explosives. Entry into this safety zone is Controlled). stability equal to or better (less) than prohibited unless authorized by the plus or minus 0.05% averaged over 10 Captain of the Port. License Requirements degrees or more; or DATES: This rule is effective from 6 a.m. Reason for Control: MT, AT. c.3.c. A positioning accuracy equal to Saturday January 30 until 12 p.m. or better than 5 arc-second. Monday March 1, 1999. Control(s) Country chart d. Positioning tables (equipment FOR FURTHER INFORMATION CONTACT: capable of precise rotary position in any MT applies to entire entry .. MT Column 1. Lieutenant J.D. Gafkjen, Chief of axis) having the following AT applies to entire entry .. AT Column 1. Response and Planning, Captain of the characteristics: Port, Portland at (207) 780–3251. d.1. Two axes or more; and License Exceptions d.2. A positioning accuracy equal to SUPPLEMENTARY INFORMATION: LVS: N/A or better than 5 arc-second; Regulatory History GBS: N/A e. Centrifuges able to impart CIV: N/A accelerations above 100 g and having As authorized by 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) List of Items Controlled slip rings capable of transmitting electrical power and signal information. was not published for this regulation. Unit: $ value. Good cause exists for not publishing a * * * * * Related Controls: (1) See also 7B101 NPRM and for making this regulation 7D101 ‘‘Software’’ specially and 7B994. effective in less than 30 days after designed for the ‘‘use’’ of equipment Related Definitions: (1) 7B104.a. does Federal Register publication. Due to the controlled by 7A001 to 7A006, 7A101 to not control balancing machines complex planning and coordination 7A106, 7A115, 7B001, 7B002, 7B003, designed or modified for dental or other involved, final details for the closure 7B101, 7B102, 7B103 or 7B104. medical equipment. (2) 7B104.c. and were not provided to the Coast Guard 7B104.d. do not control rotary tables * * * * * until January 20, 1999, making it designed or modified for machine tools 7E101 ‘‘Technology’’, other than impossible to publish a NPRM or a final or for medical equipment. (3) Rate tables ‘‘technology’’ controlled by 7E003, rule 30 days in advance. Publishing an not controlled by 7B104.c. and according to the General Technology NPRM and delaying its effective date providing the characteristics of a Note for the ‘‘use’’ of equipment would be contrary to public interest positioning table are to be evaluated controlled by 7A001 to 7A006, 7A101 to since this safety zone is needed to according to 7B104.d. (4) Equipment 7A106, 7A115 to 7A117, 7B001, 7B002, protect persons, facilities, vessels and that has the characteristics specified in 7B003, 7B101, 7B102, 7B103, 7B104, others in the maritime community from 7B104.d. which also meets the 7D101 to 7D103. the safety hazards associated with the characteristics of 7B104.c. will be * * * * * handling and detonation of explosives. treated as equipment specified in Dated: February 1, 1999. 7B104.c. R. Roger Majak, Background and Purpose Items: a. Balancing machines having Assistant Secretary for Export The Explosive Loads and Detonations all the following characteristics: Administration. will occur from 6 a.m Saturday Janaury a.1. Not capable of balancing rotors/ [FR Doc. 99–2975 Filed 2–5–99; 8:45 am] 30 until 12 p.m. Monday March 1, 1999. assemblies having a mass greater than 3 BILLING CODE 3510±33±P The safety zone covers the waters of the Kgm; Kennebec River, Bath, ME, in a 400 foot a.2. Capable of balancing rotors/ radius around Bath Iron Works, Bath, assemblies at speeds greater than 12,500 DEPARTMENT OF TRANSPORTATION ME. This safety zone is required to rpm; protect the maritime community from a.3. Capable of correcting unbalance Coast Guard the hazards associated with the loading, in two planes or more; and detonation and transportation of a.4. Capable of balancing to a residual 33 CFR Part 165 explosives. Entry into this zone will be specific unbalance of 0.2 gram-mm per prohibited unless authorized by the kg of rotor mass; [CGD1±99±006] Captain of the Port. b. Indicator heads (sometimes known RIN 2115±AA97 as balancing instrumentation) designed Regulatory Evaluation or modified for use with machines Safety Zone; Explosive Loads and This temporary final rule is not a specified in 7B104.a. Detonations Bath Iron Works, Bath, ME c. Motion simulators/rate tables significant regulatory action under (equipment capable of simulating AGENCY: Coast Guard, DOT. section 3(f) of Executive Order 12866 motion) having all of the following ACTION: Temporary final rule. and does not require an assessment of characteristics: potential costs and benefits under c.1. Two axes or more; SUMMARY: The Coast Guard is section 6(a)(3) of that order. It has not c.2. Slip rings capable of transmitting establishing a temporary safety zone to been reviewed by the Office of electrical power and/or signal close a portion of the Kennebec River to Management and Budget under that information; and waterway traffic in a 400 foot radius order. It is not significant under the c.3. Having any of the following around Bath Iron Works, Bath, Maine regulatory policies and procedures of characteristics: for explosive loads and explosives the Department of Transportation (DOT) c.3.a. For any single axis: detonations, from 6 a.m. January 30, (44 FR 11040; February 26, 1979). The c.3.a.1. Capable of rates of rotation of 1999 through 12 p.m. March 1, 1999. Coast Guard expects the economic 400 degrees/sec or more, or 30 degrees/ This safety zone is needed to protect impact of this proposal to be so minimal sec or less, and persons, facilities, vessels and others in that a full Regulatory Evaluation under c.3.a.2. A rate resolution equal to or the maritime community from the safety paragraph 10e of the regulatory policies less than 6 degrees/sec and an accuracy hazards associated with the handling, and procedures of DOT is unnecessary. equal to or less than 0.6 degrees/sec; or detonation and transportation of This safety zone involves only a portion 5936 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations of the Kennebec River. Due to the Regulation which were submitted on October 17, limited duration of the safety zone, the For the reasons set out in the 1997. These SIP revisions modify fact that the safety zone will not restrict preamble, the Coast Guard amends 33 Administrative Orders for North Star the entire channel of the Kennebec CFR Part 165 as follows: Steel Company and LaFarge Corporation River, allowing traffic to continue 1. The authority citation for Part 165 (North Star Steel and LaFarge) located without obstruction, and that advance continues to read as follows: in St. Paul, Minnesota, and GAF maritime advisories will be made, the Building Materials (GAF) located in Coast Guard expects the economic Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Minneapolis, Minnesota. The Orders to 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; impact of this regulation to be so 49 CFR 1.46. these facilities are included as part of minimal that a Regulatory Evaluation is Minnesota’s SIP to attain and maintain unnecessary. 2. Add temporary section, 165.T01– the National Ambient Air Quality CGD1–183 to read as follows: Standards (NAAQS) for particulate Small Entities § 165.T01±CGD1±183 Explosive Load, matter (PM) and sulfur dioxide (SO2). Under the Regulatory Flexibility Act Bath Iron Works, Bath, ME. In the proposed rules section of this Federal Register, the Environmental (5 U.S.C. 601 et seq.), the Coast Guard (a) Location. The safety zone covers Protection Agency (EPA) is proposing must consider whether this proposal the waters of the Kennebec River, Bath, approval of, and soliciting comments will have a significant economic impact ME, in a 400 foot radius around Bath on, these SIP revisions. If adverse on a substantial number of small Iron Works, Bath, ME. entities. ‘‘Small entities’’ may include (b) Effective date. The Explosive comments are received on this action, (1) small businesses and not-for-profit Loads and Detonations will occur from EPA will withdraw this final rule and organizations that are independently 6 a.m. Saturday January 30 until 12 p.m. address the comments received in owned and operated and are not Monday March 1, 1999. The safety zone response to this action in a final rule dominant in their fields and (2) covers the waters of the Kennebec River, based on the related proposed rule, governmental jurisdictions with Bath, ME. which is being published in the populations of less than 50,000. (c) Regulations. proposed rules section of this Federal For the reasons addressed under the (1) The general regulations contained Register. A second public comment Regulatory Evaluation above, the Coast in 33 CFR 165.23 apply. period will not be held. Parties Guard expects the impact of this (2) All persons shall comply with the interested in commenting on this action regulation to be minimal and certifies instructions of the Coast Guard Captain should do so at this time. under section 605(b) of the Regulatory of the Port or the designated on scene DATES: This ‘‘direct final’’ rule is Flexibility Act (5 U.S.C. 601 et seq.) that patrol personnel. U.S. Coast Guard effective April 9, 1999, unless EPA this final rule will not have a significant patrol personnel include commissioned, receives adverse or critical comments by economic impact on a substantial warrant and petty officers of the Coast March 10, 1999. If adverse comment is number of small entities. Guard. Upon being hailed by a U.S. received, EPA with publish a timely withdrawal in the Federal Register, Collection of Information Coast Guard vessel via siren, radio, flashing light, or other means, the informing the public that the rule will This rule contains no collection of operator of the vessel shall proceed as not take effect. information requirements under the directed. ADDRESSES: Written comments should Paperwork Reduction Act of 1995 (44 (3) In accordance with the general be sent to: Carlton T. Nash, Chief, U.S.C. 3501 et seq.). regulations in section 165.23 of this Regulation Development Section, Air part, entry or movement within this Programs Branch (AR–18J), United Federalism zone is prohibited unless authorized by States Environmental Protection The Coast Guard has analyzed this the Captain of the Port, Portland, ME. Agency, 77 West Jackson Boulevard, rule under the principles and criteria Dated: January 29, 1999. Chicago, Illinois 60604. (It is contained in Executive Order 12612 and R.A. Nash, recommended that you telephone has determined that this rule does not Christos Panos at (312) 353–8328 before Commander, U.S. Coast Guard, Captain of have sufficient federalism implications the Port Portland, Maine. visiting the Region 5 Office.) to warrant the preparation of a A Copy of these SIP revisions are [FR Doc. 99–2974 Filed 2–5–99; 8:45 am] Federalism Assessment. available for inspection at the following BILLING CODE 4910±15±M location: Office of Air and Radiation Environment (OAR) Docket and Information Center The Coast Guard has considered the (Air Docket 6102), room M1500, United environmental impact of this regulation ENVIRONMENTAL PROTECTION States Environmental Protection and concluded that, under section AGENCY Agency, 401 M Street S.W., Washington, D.C. 20460, (202) 260–7548. 2.B.2.e. of Commandant Instruction 40 CFR Part 52 M16475.1B, (as revised by 59 FR 38654, FOR FURTHER INFORMATION CONTACT: July 29, 1994), this rule is categorically [MN55±01±7280a; MN56±01±7281a; MN57± Christos Panos, Regulation Development excluded from further environmental 01±7282a; FRL±6230±3] Section (AR–18J), Air Programs Branch, documentation. A Categorical Exclusion Air and Radiation Division, United Approval and Promulgation of State Determination and an Environmental States Environmental Protection Implementation Plans; Minnesota Analysis Checklist is available in the Agency, Region 5, 77 West Jackson docket for inspection or copying. AGENCY: Environmental Protection Boulevard, Chicago, Illinois 60604, List of Subjects in 33 CFR Part 165 Agency (EPA). (312) 353–8328. ACTION: Direct final rule. SUPPLEMENTARY INFORMATION: Harbors, Marine safety, Navigation (water), Reporting and recordkeeping SUMMARY: This action approves three I. Background requirements, Security measures, State Implementation Plan (SIP) PM SIP. The State submitted SIP Waterways. revisions for the State of Minnesota revisions intended to demonstrate Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5937 attainment and maintenance of the PM every year of initial application of dust determine the heating value of the fuel NAAQS on November 26, 1991, August suppressant, (2) daily observations of mixture, at a point between the fuel oil 31, 1992, and November 13, 1992. the unpaved roads or if there was no storage tank and the combustion units. Included in these submittals were traffic on the roads, and (3) if needed, The new Order also revises all Administrative Orders for North Star where and how much additional dust references made to any applicable Steel and LaFarge. On February 15, suppressant was applied. The revision ASTM Method or another EPA 1994, at 59 FR 7218, EPA took final also allows the Company to use a dust approved ASTM method (as listed in 40 action to approve these PM SIP suppressant other than CaCl only after CFR part 60, Appendix A, Method 19, revisions. This final rulemaking also written approval from the State is Section 5.2.2). took into consideration three new obtained. III. Final Action submittals, provided by the State on North Star Steel Company February 3, 1993, April 30, 1993, and Based on the rationale set forth above, October 15, 1993. A revised The revision submitted on October 17, EPA is approving the Administrative Administrative Order for North Star 1997, would allow the Company to add Order revisions for LaFarge Corporation Steel was included in the April 30, equipment as long as they adhere to the and North Star Steel Company, located 1993, submittal. State’s insignificant modifications in St. Paul, Minnesota, and GAF On December 22, 1994, the State guidelines. The old Order allowed the Building Materials, located in submitted amendments to the Company to make changes to their Minneapolis, Minnesota, as submitted administrative orders for Lafarge and facility without obtaining a modification by the State on October 17, 1997. These North Star Steel. EPA took final action to the Order as long as the changes did Orders are included as part of to approve these amendments into the not increase, from any emission point, Minnesota’s SIP to attain and maintain the Facility’s PM emission rate or Minnesota PM SIP on June 13, 1995, at the NAAQS for PM, and SO2. EPA has 60 FR 31088. overall PM emissions, or alter evaluated these SIP revisions and SO2 SIP. On May 29, 1992, the State equipment or parameters described in determined that the changes to submitted a revision to the SO2 SIP for Exhibit 1 of the Order which formed the operations at each facility, as described Minneapolis-St. Paul, which included a basis for the PM modeling. The new above, will not result in an increase of demonstration of attainment and Order will allow the Company to make emissions and do not jeopardize the PM changes to their facility without maintenance of the NAAQS for SO2. and SO2 attainment demonstrations that Included in the attainment obtaining a modification to the Order as had previously been submitted by the demonstration was an Administrative long as the changes do not increase, State and approved by EPA on February Order for GAF. The State submitted a from any emission point in Exhibit 1, 15, 1994, at 59 FR 7218, and April 14, supplemental SIP revision on July 12, the Facility’s PM emission rate, or alter 1994, at 59 FR 17703, respectively. 1993. A revised Administrative Order equipment or parameters described in EPA is publishing this action without for GAF was included in this submittal Exhibit 1 of the Order which formed the prior proposal because EPA views this and, on April 14, 1994, at 59 FR 17703, basis for the PM modeling. The new as a noncontroversial revision and EPA took final action to approve the Order will also allow North Star Steel to anticipates no adverse comments. install, modify, and operate process or SO2 SIP revisions for the Minneapolis- However, in a separate document in this St. Paul area. control equipment not listed in Exhibit Federal Register publication, EPA is 1 without obtaining a modification to proposing to approve the State Plan II. Review of Minnesota’s Plan the Order as long as the installation, should adverse written comments be modification, and operation of the LaFarge Corporation, Childs Road filed. This action will be effective equipment is an insignificant Facility without further notice unless EPA modification as described in Minn. R. receives relevant adverse written The revision submitted on October 17, 7007.1250, subp. 1, item A or B, and the comment by March 10, 1999. Should 1997, consists of applying a chemical Company complies with the EPA receive such comments, it will dust suppressant to the unpaved roads requirements of Minn. R. 7007.1250 publish a final rule informing the public at the facility. The old Order required (previously approved into the SIP on that this action will not take effect. Any daily watering of these roads with the May 24, 1995 at 60 FR 27411). following exceptions: (1) if there was a parties interested in commenting on this 0.1 inch rainfall in the preceding 24 GAF Building Materials Corporation action should do so at this time. If no hours, (2) if the temperature fell below The revision submitted on October 17, such comments are received, the public 32 degrees, or (3) on any day there was 1997, consists of the removal of the is advised that this action will be no traffic on the road. The revised Order requirement to use asphalt sulfur effective on April 9, 1999. requires LaFarge to apply a chemical content as an indication of the sulfur IV. Administrative Requirements dust suppressant on all unpaved content of the fuel being burned, and a roadways, except when the ground is new process, when oil is being used as A. Executive Order 12866 frozen (November–March). Calcium a fuel, for sampling and analyzing the The Office of Management and Budget chloride (CaCl) will be applied to all mixture of No. 6 fuel oil and knockout (OMB) has exempted this regulatory unpaved roads each April. Daily oil. The old Order required the action from Executive Order (E.O.) inspections of these roads will be Company to sample and analyze the 12866, entitled ‘‘Regulatory Planning performed to determine if additional mixture of No. 6 fuel oil and knockout and Review.’’ dust suppressant is necessary and re- oil on a weekly basis at the burner inlet application of CaCl is required to those in order to determine the sulfur content B. Executive Order 12875: Enhancing areas where fugitive dust is observed. and the heating value of the fuel. The Intergovernmental Partnerships These inspections do not need to be revised Order requires GAF to sample Under E.O. 12875, EPA may not issue performed if there is no traffic on the and analyze the mixture of No. 6 fuel oil a regulation that is not required by roads or if the facility is closed for the and knockout oil on a daily basis to statute and that creates a mandate upon entire day. The Company is required to determine the percent sulfur content of a State, local or tribal government, keep records of: (1) the day in April the blend and on a weekly basis to unless the Federal government provides 5938 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations the funds necessary to pay the direct determined to be ‘‘economically requirements. Section 203 requires EPA compliance costs incurred by those significant’’ as defined under E.O. to establish a plan for informing and governments. If the mandate is 12866, and (2) concerns an advising any small governments that unfunded, EPA must provide to the environmental health or safety risk that may be significantly or uniquely OMB a description of the extent of EPA has reason to believe may have a impacted by the rule. EPA’s prior consultation with disproportionate effect on children. If The EPA has determined that the representatives of affected State, local the regulatory action meets both criteria, approval action promulgated does not and tribal governments, the nature of the Agency must evaluate the include a Federal mandate that may their concerns, copies of any written environmental health or safety effects of result in estimated annual costs of $100 communications from the governments, the planned rule on children, and million or more to either State, local, or and a statement supporting the need to explain why the planned regulation is tribal governments in the aggregate, or issue the regulation. In addition, E.O. preferable to other potentially effective to the private sector. This Federal action 12875 requires EPA to develop an and reasonably feasible alternatives approves pre-existing requirements effective process permitting elective considered by the Agency. under State or local law, and imposes officials and other representatives of This rule is not subject to E.O. 13045 no new requirements. Accordingly, no State, local and tribal governments ‘‘to because it does not involve decisions additional costs to State, local, or tribal provide meaningful and timely input in intended to mitigate environmental governments, or to the private sector, the development of regulatory proposals health or safety risks. result from this action. containing significant unfunded E. Regulatory Flexibility mandates.’’ This rule does not create a G. Submission to Congress and the mandate on state, local or tribal The Regulatory Flexibility Act (RFA) Comptroller General governments. The rule does not impose generally requires an agency to conduct a regulatory flexibility analysis of any The Congressional Review Act, 5 any enforceable duties on these entities. U.S.C. 801 et seq., as added by the Small Accordingly, the requirements of rule subject to notice and comment rulemaking requirements unless the Business Regulatory Enforcement section 1(a) of E.O. 12875 do not apply Fairness Act of 1996, generally provides to this rule. agency certifies that the rule will not have a significant economic impact on that before a rule may take effect, the C. Executive Order 13084: Consultation a substantial number of small entities. agency promulgating the rule must and Coordination With Indian Tribal Small entities include small businesses, submit a rule report, which includes a Governments small not-for-profit enterprises, and copy of the rule, to each House of the Under E.O. 13084, EPA may not issue small governmental jurisdictions. This Congress and to the Comptroller General a regulation that is not required by direct final rule will not have a of the United States. The EPA will statute, that significantly or uniquely significant impact on a substantial submit a report containing this rule and affects the communities of Indian tribal number of small entities because plan other required information to the U.S. governments, and that imposes approvals under section 111(d) do not Senate, the U.S. House of substantial direct compliance costs on create any new requirements but simply Representatives, and the Comptroller these communities, unless the Federal approve requirements that the State is General of the United States prior to the government provides the funds already imposing. Therefore, because publication of the rule in the Federal necessary to pay the direct compliance the Federal approval does not create any Register. A major rule cannot take effect costs incurred by the tribal new requirements, I certify that this until 60 days after it is published in the governments. If the mandate is action will not have a significant Federal Register. This rule is not a unfunded, EPA must provide to the economic impact on a substantial ‘‘major rule’’ as defined by 5 U.S.C. OMB in a separately identified section number of small entities. Moreover, due 804(2). of the preamble to the rule, a to the nature of the Federal-State H. Petitions for Judicial Review description of the extent of EPA’s prior relationship under the Clean Air Act consultation with representatives of (Act) preparation of a flexibility analysis Under section 307(b)(1) of the Act, affected tribal governments, a summary would constitute Federal inquiry into petitions for judicial review of this of the nature of their concerns, and a the economic reasonableness of a State action must be filed in the United States statement supporting the need to issue action. The Act forbids EPA to base its Court of Appeals for the appropriate the regulation. In addition, E.O. 13084 actions on such grounds. Union Electric circuit by April 9, 1999. Filing a petition requires EPA to develop an effective Co., v. U.S. EPA, 427 U.S. 246, 255–66 for reconsideration by the Administrator process permitting elected and other (1976); 42 U.S.C. 7410(a)(2). of this final rule does not affect the representatives of Indian tribal finality of this rule for the purposes of F. Unfunded Mandates governments ‘‘to provide meaningful judicial review nor does it extend the and timely input in the development of Under section 202 of the Unfunded time within which a petition for judicial regulatory policies on matters that Mandates Reform Act of 1995 review may be filed, and shall not significantly or uniquely affect their (‘‘Unfunded Mandates Act’’), signed postpone the effectiveness of such rule communities.’’ This rule does not into law on March 22, 1995, EPA must or action. This action may not be significantly or uniquely affect the prepare a budgetary impact statement to challenged later in proceedings to communities of Indian tribal accompany any proposed or final rule enforce its requirements. (See section governments. Accordingly, the that includes a Federal mandate that 307(b)(2)). may result in estimated annual costs to requirements of section 3(b) of E.O. List of Subjects in 40 CFR Part 52 13084 do not apply to this rule. State, local, or tribal governments in the aggregate; or to private sector, of $100 Environmental protection, Air D. Executive Order 13045 million or more. Under section 205, pollution control, Incorporation by Protection of Children from EPA must select the most cost-effective reference, Intergovernmental relations, Environmental Health Risks and Safety and least burdensome alternative that Particulate matter, Sulfur dioxide, Risks (62 FR 19885, April 23, 1997), achieves the objectives of the rule and Reporting and recordkeeping applies to any rule that: (1) is is consistent with statutory requirements. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5939

Dated: January 19, 1999. statutory provision that authorizes Head of Head Start services and activities JoLynn Traub, Start grantees to use grant funds to with their non-disabled peers and to Acting Regional Administrator, Region 5. purchase facilities in which to operate receive needed special education and Title 40 of the Code of Federal Head Start programs. related services. Regulations, chapter I, part 52, is EFFECTIVE DATES: March 10, 1999. The II. Purpose of the Rule amended as follows: information collection requirements of §§ 1309.10, 1309.40 and 1309.41 shall The Administration for Children and PART 52ÐAPPROVAL AND be effective on the day they are Families (ACF) is establishing a final PROMULGATION OF approved by the Office of Management rule governing the purchase of facilities IMPLEMENTATION PLANS and Budget (OMB). The OMB approval by Head Start grantees. The purpose of numbers and date of approval of the this Rule is to implement the statutory 1. The authority citation for part 52 information collection requirements authority of Head Start grantees to use continues to read as follows: will be published in the Federal grant funds to purchase facilities in Authority: 42 U.S.C. 7401 et seq. Register. which to operate Head Start programs. This authority, found in section 644(f) FOR FURTHER INFORMATION CONTACT: Subpart YÐMinnesota of the Head Start Act (42 U.S.C. 9839), Douglas Klafehn, Deputy Associate was granted in October 1992. The Act Commissioner, Head Start Bureau, 2. Section 52.1220 is amended by allows grantees to apply for grant funds Administration for Children, Youth and adding paragraph (c)(47) to read as to purchase facilities to carry out Head Families, P.O. Box 1182, Washington, follows: Start programs and directs the Secretary DC 20013; (202) 205–8572. § 52.1220 Identification of plan. to establish uniform procedures for SUPPLEMENTARY INFORMATION: Head Start agencies to request such * * * * * (c) * * * I. Program Purpose funds. Additional authority for this Rule is found in section 644(c) of the Head (47) On October 17, 1997, the State of Head Start is authorized under the Start Act, which mandates the Secretary Minnesota submitted amendments to Head Start Act (42 U.S.C. 9801 et seq.). to prescribe rules or regulations to three previously approved It is a national program providing supplement section 644(f). In March Administrative Orders for North Star comprehensive developmental services 1994 Congress added provisions to Steel Company, LaFarge Corporation, to low-income preschool children, section 644(f) allowing grantees to apply and GAF Building Materials, all located primarily age three to the age of for approval of facility purchases made in the Minneapolis-St. Paul area. compulsory school attendance, and after December 31, 1986. (i) Incorporation by reference. their families. To help enrolled children (A) Amendments, both dated and achieve their full potential, Head Start III. Summary of the Major Provisions of effective September 23, 1997, to programs provide comprehensive the Final Rule administrative orders and amendments health, nutritional, educational, social A summary the major provisions of approved in paragraphs (c)(29) and and other services. Also, section 645A the final rule is as follows. The rule: (c)(41) of this section, respectively, of of the Head Start Act provides authority • Specifies what information must be this section for: LaFarge Corporation to fund programs for families with included in the written application (Childs Road facility) and North Star infants and toddlers. Programs receiving grantees must submit to request to use Steel Company. funds under the authority of this section grant funds to purchase a facility, (B) Amendment Two, dated and are referred to as early Head Start including what must be included in the effective September 18, 1997, to programs. cost comparison which grantees must administrative order and amendment Head Start programs are required to submit as part of their application; approved in paragraph (c)(30) of this provide for the direct participation of • Requires certain measures to be section for GAF Building Materials. the parents of enrolled children in the taken to protect the Federal interest in [FR Doc. 99–2787 Filed 2–5–99; 8:45 am] development, conduct, and direction of facilities purchased in whole or in part local programs. Parents also receive BILLING CODE 6560±50±P with ACF grant funds; training and education to foster their • Requires that grantees which understanding of and involvement in acquire facilities with grant funds obtain the development of their children. In DEPARTMENT OF HEALTH AND specified types of insurance and fiscal year 1997 Head Start served HUMAN SERVICES maintain the property acquired in a approximately 794,000 children through manner consistent with the purpose for Administration for Children and a network of over 2,000 grantee and which funds were provided and in Families delegate agencies. compliance with applicable building While Head Start is intended to serve codes and standards; and 45 CFR Part 1309 primarily children whose families have • Includes within the definition of incomes at or below the poverty line, or ‘‘facility’’ modular units, and requires RIN 0970±AB31 who receive public assistance, Head grantees which seek funding to Head Start Program Start regulations permit up to ten purchase a modular unit to comply with percent of the children in local these regulations, which include AGENCY: Administration on Children, programs to be from families who do not provisions applicable only to the Youth and Families (ACYF), meet these low-income criteria. Tribal purchase of modular units. Administration for Children and grantees can exceed this limit under Families (ACF), HHS. certain conditions. The Act also requires IV. Rulemaking History ACTION: Final rule. that a minimum of ten percent of the On December 1, 1994, the Department enrollment opportunities in each published a Notice of Proposed SUMMARY: The Administration on program be made available to children Rulemaking (NPRM) in the Federal Children, Youth and Families is issuing with disabilities. Such children are Register (59 FR 61575), proposing to this final rule to implement the expected to participate in the full range establish a rule to implement the 5940 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations statutory provision authorizing the use purchases already made, which results approval of their application. Two of Head Start grant funds for the in wording that is necessarily somewhat suggestions were received for dealing purchase of facilities to be used to awkward in places. To address this we with this concern. One respondent operate Head Start programs. Copies of have changed the definition of proposes that there be an expedited the proposed rule were mailed to all ‘‘Purchase’’ § 1309.3 by adding at the approval process for facilities which are Head Start grantees and delegate end ‘‘Purchase also refers to an defined, according to established agencies. Interested persons were given approved purchase of a facility which criteria, as ‘‘at risk of being sold.’’ The 60 days in which to comment on the commenced between December 31, same respondent suggests that we proposed rule. During the sixty day 1986, and October 7, 1992, as permitted establish ‘‘parameters’’ in making grant comment period the Department by the Head Start Act and § 1309.2 of awards for facility purchases and allow received comments from twelve this part’’. This has allowed the deletion a replacement property meeting these respondents. The respondents included of most of the references to previously ‘‘parameters’’ to be purchased within 90 seven Head Start grantees and five purchased facilities in the rule. Where days if the original site is no longer public and private agencies interested in clarity of a particular provision of the available. Another respondent proposes Head Start facility matters. rule required explicit reference to that the application process be divided Prior to publication of the NPRM previously purchased facilities, that into two stages. The first stage would Congress amended the Head Start Act to phrase was left in the provision in involve general approval of a facility authorize Head Start grantees to use question. purchase for a particular grantee as a grant funds to construct and make major policy matter. At this stage, the Section 1309.3—Definitions renovations to their facilities. This Department would determine whether amendment to the Head Start Act, Comment: One comment to this the grantee’s current space is inadequate section 644(g), became effective in 1994. section, asking for further definition of and whether a waiver of non-federal Proposed procedures to implement this the phrase ‘‘modular units,’’ was share would be approved if requested, new authority are set out in a Notice of received. The comment states that in the but would not be asked to approve the Proposed Rulemaking published past many trailers, mobile classrooms, purchase of an actual facility the grantee elsewhere today in this Federal and modular units have been used by is proposing to buy. The second stage Register. The procedures on Head Start grantees, and questions have would be a ‘‘deal-specific’’ approval, construction and major renovation arisen as to when they were to be designed to allow decisions on a when made final will amend this final considered ‘‘equipment’’ and when they proposed purchase to be made relatively rule so that 45 CFR part 1309 will cover, were considered ‘‘real property subject quickly and predictably. In this stage, in one single rule, the use of grant funds to the full facility purchase requests for purchase of particular to purchase, construct and make major requirements.’’ buildings would be reviewed, based on renovations to Head Start facilities. Response: Section 644(f) of the Head cost comparisons, environmental impact Start Act, which this rule implements, studies, and the condition of the Section-by-Section Discussion of the states that the ‘‘Secretary shall establish proposed facility. Comments Received uniform procedures for Head Start Response: We do not agree that it Of the twelve parties who submitted agencies to request approval to purchase would be advisable to apply any special comments to the NPRM, three were facilities * * * to be used to carry out circumstances for the review of an general expressions of support for the Head Start programs.’’ The Act makes application for a property ‘‘at risk of proposed rule. Only those sections for no distinction between ‘‘equipment’’ being sold’’ as suggested by one which comments were made or to and ‘‘real property,’’ or between respondent. The decisions made by the which technical changes were made are temporary and permanent facilities. The responsible HHS approving official discussed below. The discussion of the policy of this rule, which we believe is should not be hastened by the pressure sections follow the order of the NPRM consistent with the meaning of the Act, of another buyer’s interest in a property, table of contents and a notation is made is that the purchase of modular units is but should be made based upon the wherever the section designations have subject to the provisions of the rule if merits of the application. been changed or deleted in the final they will be used to operate a Head Start However, the concern expressed by rule. program. the respondents that the review of The definition of ‘‘useful life’’ as applications for facility purchases be Section 1309.2—Approval of Previously defined in the NPRM is vague and has conducted expeditiously is Purchased Facilities been deleted. understandable. In response to these Comment: We received one comment For clarification purposes, we have concerns, a new § 1309.12 entitled on the application of these procedures added a definition of ‘‘Head Start center ‘‘Timely decisions’’ has been added to to facilities purchased prior to the or a direct support facility for a Head the final rule. Section 1309.12 states enactment of the statute authorizing the Start program’’ and made minor edits to that ‘‘The responsible HHS official shall use of grant funds to purchase facilities. several definitions. We revised the promptly review and make final The respondent states that the wording definition of ‘‘grantee’’ to include decisions regarding completed on previous purchases is confusing and reference to ‘‘for-profit’’ agency in applications under this part.’’ the provision itself unfair and should accordance with the Head Act In order to expedite the application not be included in the rule because all Reauthorization Amendments in the review process, we strongly encourage previous purchases should have met the Coats Human Services Amendments of all grantees considering the purchase of requirements in place at the time the 1998, Pub. L 105–285. a facility to discuss their facility needs facilities were purchased. with the responsible HHS official prior Response: In March 1994, Congress Section 1309.10—Application to submitting the formal application or added to the Head Start Act the Comments—General: Several beginning negotiation for the purchase provision allowing grantees to apply for respondents to this section expressed of the facility. As part of these facility purchases made after December concern that grantees might lose a discussions, the grantee and HHS 31, 1986. This requires that the rule facility they propose to purchase approving official would consider refer to both prospective purchases and because of delays in securing ACF whether the grantee’s current space is Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5941 adequate and whether funds to to include information on the effect the administrative costs received two complete the purchase and meet any purchase would have on the grantee’s comments. One respondent suggests ongoing financing commitments are ability to meet the non-Federal share that the words ‘‘loan fees and related available, or would be available at the requirement, received one comment, expenses’’ be added to the illustrative time purchase is made. We believe that which proposes that the non-Federal list of one-time expenses in this as a result of these early discussions, the share requirement be waived for up to paragraph. The other respondent states grantee would be in a better position to three years for programs which lose that expenses related to ownership, submit a complete application which non-Federal contributions as a result of such as mortgage payments and could receive prompt review. buying a facility, and that programs be maintenance costs, should be Once a formal application is received allowed to use the full amount of non- considered program costs not subject to by ACF, under these final rules, ACF federal contributions received in one the administrative costs limitation. If would complete the review of the year for a facility toward meeting the this cannot be done, the respondent application within 60 days of receipt of requirement for non-Federal share in states, the Department should recognize the application. To the extent that the future years. that waivers of the administrative cost grantee works closely with ACF in this Response: Non-Federal contributions, limitation will have to be granted in process, the review may be completed which are required by section 640(b) of these cases. in less than 60 days. Applicants may the Head Start Act, are provided on a Response: We have adopted the first contact their Regional Administrator to budget period basis. The commentor is respondent’s suggestion to add the request a review of their initial suggesting that grantees who are relying words ‘‘loan fees and related expenses’’ determination. heavily on accruing non-Federal share to the illustrative list of one-time Grantees are cautioned that they by occupying a building free of cost or expenses in this paragraph. The should not take any irrevocable action, at below market cost would lose this suggestion of the second respondent has such as entering into a purchase non-Federal share when purchasing a not been adopted. Grantees must contract, until they have received a facility and may require several years to analyze and categorize their costs as written confirmation of the establish their required non-Federal either development and administrative Department’s final decision that Head match. However, there is no provision or program, depending on the nature Start funds may be used to purchase the for providing blanket waiver requests and function of the expense, but may facility. across budget periods. Waiver requests categorize costs as dual benefit costs if Comment—Section 1309.10(g): We must be submitted annually and are they are both administrative and received one comment on paragraph (g) considered on a case-by-case basis programmatic in nature (see 45 CFR of § 1309.10, which concerns grantees against the statutory criteria. 1301.32). Space and related costs are which apply for grant funds to purchase Comment—Section 1309.10(j): A frequently dual benefit costs, but a facility based on the fact that a lack comment on paragraph (j) of § 1309.10 categorization of costs must be done by of alternative facilities will prevent the asks that we allow the requirement of each grantee based on the circumstances operation of the program. The certification by a licensed engineer to be involved. The granting of waivers of the respondent expresses a concern that this fulfilled by the state official who limitation on administrative costs is criterion is too strict and should be reviews the plans and inspects child governed by 45 CFR 1301.32(g), which changed to allow a purchase if the care facilities for licensing. The limits the granting of such waivers to purchase of the facility will improve respondent states that in rural areas it is situations in which development and program operation. sometimes difficult to obtain administrative costs are being incurred Response: This respondent’s professional services such as those of an but the provision of program services suggestion cannot be adopted. Section engineer. has not begun or has been suspended. 644(f)(2)(C) of the Head Start Act Response: The requirement of this Comments—Section 1309.10(n): We mandates that a grantee seeking paragraph is not that a private engineer received two comments on paragraph approval to use grant funds to purchase make the certification, but that a person (n) of § 1309.10, which requires the a facility demonstrate either that the qualified to do so certifies that the application to include an assessment of proposed purchase will result in savings building is structurally sound. With this the impact of the proposed acquisition when compared to the costs that would in mind we have made a change in the on the human environment pursuant to be incurred to acquire the use of an language of this section to allow, in the National Environmental Policy Act alternative facility to carry out the addition to licensed engineers, licensed (NEPA) if the acquisition involves program, or that there are no alternative architects to make the certification. significant renovation or a significant facilities and the lack of alternative While this change does not specifically change in land use. One respondent facilities will prevent the operation of address the suggestion made in the requested that we define more clearly the program. These two criteria are comment, it does broaden the categories ‘‘significant change in land use’’ and specific and we are thus unable to of professionals who may make the ‘‘human environment,’’ and a second disregard the language of the statute in certification, which should alleviate the respondent asked that we define as favor of the much broader criterion difficulty some grantees might have clearly as possible when the NEPA suggested in the comment. However, a experienced in obtaining this service. applies. clarification was added to this And, we reiterate that any engineer or Response: We recognize that Head paragraph which requires that the architect qualified to judge the Start grantees may have little or no statement explaining how it was structural soundness of buildings of this experience with the NEPA and that determined that there is or was a lack type may make the certification. This in more information and guidance is of alternative facilities, be supported, no way restricts grantees to using needed to help provide an whenever possible, by a written engineers or architects from the private understanding of the law and its statement from a licensed real estate sector. implementing regulations. This professional in the grantee’s area. Comment—Section 1309.10(k): The guidance will be furnished to grantees Comments—Section 1309.10(i): provision in paragraph (k) of § 1309.10 and will include a discussion of such Paragraph (i) of § 1309.10, which on one-time fees and expenses which terms as ‘‘significant change in land requires facility purchase applications are not subject to the limit on use’’ and ‘‘human environment.’’ 5942 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations

Since publication of the NPRM a draft section indicates that it was not the that we would not consider requests for report of the Office of Inspector General intent of Congress to fund facility funding which involved co-ownership of the Department of Health and Human purchases at the expense of enrollment of a facility. We will consider such Services on Head Start facility or the provision of services to Head proposals under the following purchases has pointed out that ACF Start children and families. circumstances where: the federal needs to have, as part of the information Comment—Section 1309.11(d): One interest in the property can be fully submitted by a grantee seeking approval respondent expressed a concern that the protected; co-ownership will not impair of the use of grant funds to purchase a cost comparison section does not the use of the property for Head Start facility, information concerning possible include any discussion of the purposes either now or in the future; environmental hazards present in the capitalization of mortgage payments for and co-ownership does not create a facility and land. The draft report states a facility. prospect that the Federal government that ‘‘The presence of environmental Response: Paragraph (d)(2) of will be called on to undertake extensive hazards can result in facilities that are § 1309.11 specifies mortgage payments or burdensome action to protect its unusable because the facilities cannot as an ongoing cost which must be interest in the property. One way to be licensed as safe for children’’ and separately delineated in the application. meet the first test is for a grantee to ‘‘cleanup of hazards may be too costly Nothing in the cost comparison section propose to purchase ownership of a unit and cause delays in using the Head Start or any other part of the final rule is in a project organized as condominium. facility.’’ We agree with these meant to discourage grantees from Commercial as well as residential statements and have added the phrase obtaining bank or other financing and facilities can be organized as ‘‘and a report showing the results of from using grant funds to pay mortgages condominiums. The Head Start grantee tests for environmental hazards present (both principal and interest). In fact, would own a separate interest in the in the facility, ground water and soil, (or grantees are encouraged to obtain loans portion of the facility it uses to conduct justification why such testing is not to finance facility purchases, since in its program, and a share in the necessary)’’ to paragraph (n) of most cases ACF will be unable to undivided interest in the common § 1309.10 of the final rule. provide more than a part of the funds elements of the project. The separation Clarifying language was added to needed to purchase a facility unless the of the grantee’s interest in the space paragraph (h) in order to require the debt is amortized. which is used for its programs from that Comment—Section 1309.11(e): The disclosure of information about of other co-owners will limit the ten year period for the cost comparison ‘‘balloon’’ or other unconventional difficulties raised by the entanglement in the case of the proposed purchase of mortgage arrangements to ensure that of the Federal interest with those of the modular units drew a comment from future mortgage obligations can be met. facility’s non-grantee owner. one respondent, who states that it is Section 1309.11—Cost Comparison arbitrary to allow a twenty year While we continue to have these Comment—General: A comment was comparison for other-than-modular concerns about co-ownership, here in received which proposes that grantees buildings and only a ten year the final rule we are taking a more which purchase facilities be required to comparison for modular units. flexible approach to this question and take training in facilities management Response: ACF believes it is will allow co-ownership, subject to and preventive maintenance, and reasonable to impose a shorter approval of the responsible HHS establish a funded reserve of up to five comparison period for the purchase of official. This approval may be withheld to ten percent of project cost for major modular units because they are on if the official has reason to question the repairs, with the unexpended balance of average less durable than traditional financial capability of the proposed co- the fund from each year carried over to buildings. As was said in the preamble owner to meet debt obligations it the next year. to the NPRM, the time periods for the assumes to pay for the purchase. Response: We will encourage grantees comparison were chosen to achieve Section 1309.21—Recording of Federal which purchase facilities to use their simplicity and consistency in the Interest and Other Protection of Federal training and technical assistance funds preparation and review of the Interest to purchase needed training. The use of applications, taking into account several grant funds to establish or pay into a factors, including the expected useful Two comments were received on reserve or contingency fund is life of the facility and the period of the § 1309.21 of the NPRM. This section of prohibited by the Office of Management loan which may be needed to make the the NPRM has been redesignated as and Budget Circular A–122. purchase. §§1309.21 and 1309.22 in the final rule Comment—Section 1309.11(c): A Comment—Section 1309.11(f): There to separate and clarify the provisions comment was received proposing to add was one comment to paragraph (f) of dealing with protection of the Federal a provision to paragraph (c) of § 1309.11 § 1309.11 which states that if the facility interest (§ 1309.21 of the final rule) and to increase the operating budgets of is to be used for purposes in addition to those concerning the rights and programs that have spent little or the operation of the Head Start program, responsibilities of various parties in the nothing on their current facilities. The charges for use of the facility must be case of a grantee’s default on a mortgage same respondent suggests that, to made by the grantee. The Preamble to (§ 1309.22 of the final rule). Section increase the funds available to pay for the NPRM states that this paragraph 1309.22 of the NPRM has been facilities, a predictable federal source of prohibits shared ownership of facilities renumbered § 1309.23 of the final rule. funds be established to provide equity purchased with Head Start grant funds, Comment—Section 1309.21(a): There grants in the range of 20 to 25 percent and the respondent expresses the view was one comment on paragraph (a) of of total project costs. that shared ownership should be § 1309.21 of the NPRM (redesignated as Response: Congress, when it amended allowed where costs are shared paragraph (d) in the final rule), which the Head Start Act to authorize the proportionately between the Head Start concerns the protection of the Federal purchase of facilities with Head Start program and other entities. interest in facilities purchased with grant funds, did not separately Response: As a result of the comments grant funds. The respondent states that appropriate or earmark funds for this in response to the NPRM, we have the exact nature of the federal interest purpose. The legislative history of this reconsidered our previous statement should be specified in the final rule. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5943

Presumably, the respondent states, the In § 1309.21, a new paragraph (f) standardize and describe the procedures interest will take the form of a describes certain provisions that must ACF will use to authorize facility restrictive covenant running with the be included in subordination purchases which involve mortgages, land, which would generally not affect agreements in which the interest of the provide a projected time frame for the lien priority of a lender’s acquisition Federal Government in the subject approval by ACF, and identify the loan, as opposed to a lien instrument facility has been subordinated. (A criteria (i.e., loan structure and terms) which could affect the lien priority of a ‘‘subordination agreement’’ is an ACF will employ in approving a lender’s loan. agreement by which one party agrees mortgage. One respondent states that the final that its interest in real property should Response: Section 1309.21(e) of the rule should, to the extent possible, have a lower priority than the interest NPRM has been substantially revised. standardize and describe the procedures of another party.) The regulations This section of the final rule reflects ACF will use to authorize facility provide that, in the event of a default suggestions made in the comment and purchases which involve mortgages, under a mortgage in which the Federal our experience dealing with lenders provide a projected time frame for Government has subordinated its who have loaned money to Head Start approval by ACF, and identify the interest, the lender must notify the grantees to finance the purchase of criteria (i.e., loan structure and terms) Department as provided in the facilities. Section 1309.22(a) of the final ACF will employ in approving a regulation, and that the notification rule contains provisions required in a mortgage. The respondent also suggests must include a statement prominently mortgage agreement, signed by a grantee that the final rule expressly state that displayed at the top of its first page that which is borrowing money to finance any lien priorities of HHS are ‘‘The Federal Interest in certain real the purchase of a facility, regarding subordinate to those of a lender property or equipment used for the circumstances in which the grantee providing an acquisition loan. Head Start program may be at risk, defaults on the loan or ceases to be the Response: In response to the first immediately give this notice to the designated Head Start agency. The comment existing regulations and case appropriate government official.’’ This purpose of this section is to make sure law establish that the Federal notification is necessary to ensure that that Head Start facilities continue to be Government has a beneficial ownership the Federal Government will receive available to provide services to children interest in all funds on hand with the adequate notice that the Federal interest and families in the community and are grantee and property purchased with in the property is at risk. not lost to Head Start because of the grant funds. The Federal Government’s Comment—Section 1309.21(d)— failure of a grantee to meet its mortgage beneficial ownership interest can affect (Section 1309.31(b) and (c) of the final commitments, or because the grantee the lender’s priority unless the Federal rule): One comment was received on leaves the program. In carrying out this Government subordinates its interest. this paragraph, which concerns purpose we have sought to be There has been a practice in other grant protection of the Federal interest in reasonable and fair to all parties programs to allow banks to take a first modular units which are purchased involved, including the lender, while lien position on property acquired by a with grant funds and which are not protecting HHS’s interest in the grantee using a blend of grant and permanently affixed to the land, or property. mortgage funds where necessary to which are affixed to land which is not The final rule includes a description obtain mortgage financing. If ACF and owned by the grantee. The respondent of the terms which must be included in the mortgagee or creditor agree to states that the final rule should more the mortgage agreement for a facility subordinate ACF’s Federal interest to clearly define ‘‘not permanently affixed purchased with Head Start grant funds. the mortgagee’s or creditor’s interest in to the land,’’ and should clarify what These are agreements which must be the property, that agreement must be set approvals would be needed in the event followed if the grantee defaults or the forth in a written subordination the modular unit must be moved to grantee agency ceases to be the agreement that is signed by the another location. designated Head Start agency. While no responsible HHS official and that Response: Paragraph (d) of § 1309.21 attempt is made to specify all the terms complies with 45 CFR 1309.21 and any of the NPRM has been redesignated which such agreements must contain, other applicable Federal law. paragraph (b) of § 1309.31 of the final § 1309.22(a) does establish certain A new paragraph (a) in § 1309.21 rule with the paragraph that comprised required provisions of these agreements. allows for a subordination of interest § 1309.31 in the NPRM designated as For example, such agreements must subject to several qualifications. paragraph (a). This rule is not the provide that in the case of a default by Paragraph (b) of this section imposes appropriate place to try to precisely the grantee ACF has the right to ensure restrictions on the use and disposition state when modular units are or are not the default is cured by the grantee or of the property and paragraph (c) ‘‘permanently affixed to the land.’’ For another agency designated by ACF. The prohibits the use of the facility for other our purposes, the plain meaning of successor grantee would assume than the purpose for which the facility these words will suffice. The obligations and rights under the loan was funded without the written respondent’s second point, concerning and mortgage agreements with the approval of the responsible HHS the moving of modular units to another lender. The assumption of obligations official. The provisions contained in location, raises a valid question and has under the loan is subject to the approval paragraphs (b) and (c) of section 1309.21 been addressed by the addition of the of the mortgagee or creditor, which may are based on the provisions found in 45 sentence ‘‘A modular unit which has not be unreasonably withheld. ACF is CFR parts 74 and 92 and respond to the been approved for installation in one requiring that the agreement provides comment suggesting that ACF explain location may not be moved to another ACF 60 days upon notification by the the requirements for mortgage loan location without the written permission grantee of default to ensure the default agreements. The new § 1309.22 was of the responsible HHS official’’ to new is cured. The 60 day period is an added to state the requirements for loan paragraph (c) in this section. increase over the 30 day period required agreements in assigning rights and Comment—Section 1309.21(e)— in the NPRM. ACF is lengthening the responsibilities in the event of grantee’s (Section 1309.22 in final rule): One required period before foreclosure default on mortgage, withdrawal or respondent states that the final rule because it is likely that the agency will termination. should, to the extent possible, need the full 60 days in some instances 5944 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations to intervene. The Head Start program’s delineated in this rule, and physical Section 1309.43—Use of Grant Funds to response will require determining why destruction insurance for the full Pay Fees the grantee did not fulfill its obligations replacement value of the facility. under the mortgage, whether it has the General liability insurance is covered by We received no comments on this capacity to resolve the problem without 45 CFR 1301.11(a), which requires section and made no technical changes. the intervention of the Head Start private Head Start grantees and delegate Section 1309.44—Program Income program, whether additional assistance agencies to carry reasonable amounts of (Deleted From the Final Rule) is needed, and whether the grantee’s student accident insurance, liability failure is grounds for summary insurance for accidents on their Comments: Two comments on this suspension. If the grantee is suspended, premises, and transportation liability section disagree with the mandate of an interim grantee will have to be insurance. this section that program income, other identified which will continue to than income from the sale of equipment operate the Head Start program. Section 1309.33—Inspection or real property purchased with grant ACF has revised the language in Comment: This section, which funds, be deducted from the total paragraph (c) to provide that the concerns the inspection of modular unit allowable costs of the budget period in mortgagee or creditor shall pay ACF that installations, received one comment, which the income was produced. percentage of the proceeds from the which suggests that we allow state Response: Generally, grantees are foreclosure sale of the property officials to do these inspections. The authorized to use program income attributable to the Federal share in the reason is the same as the reason for the under the additional costs alternative value of the property. The new language comment made to § 1309.10(j), above, (which allows the use of the income to more clearly states the requirement for that in rural areas it may be difficult to further eligible program objectives) calculating the amount of the sale obtain engineers to do the inspections. unless there are persuasive reasons not proceeds due the Federal Government. Response: Our response here is the to allow this alternative. The NPRM, The Federal share of a facility same as it for the similar comment to however, limits the use of income purchased with Head Start grant funds § 1309.10(j): We have changed the derived from a facility purchased with and sold after foreclosure by a lender is language of the NPRM to allow grant funds to the deductive alternative, calculated based on the amount of the architects as well as engineers to make which requires the income to be Federal contribution to the cost of the inspections, but have not otherwise deducted from the grantee’s total costs acquiring the facility. For a facility altered the NPRM. As with § 1309.10(j), for the budget period. Upon reflection, purchased through use of a mortgage the we wish to make it clear that any we are no longer convinced that there amount of the Federal contribution engineer or architect qualified to judge are persuasive reasons to limit grantees’ includes grant funds used for the down the soundness of the modular unit and flexibility on the use of this program payment on the facility, payments on its installation—whether working in the income as a general rule, and this the principal and interest on the private or public sector—may make the section has been deleted to reflect this mortgage and the cost of any certification. change. Questions regarding program renovations. income from the sale or rental of real Section 1309.41—Record Retention Section 1309.22—Insurance, Bonding property purchased with grant funds and Maintenance (§ 1309.23 of Final Comment: A comment was received will be answered by reference to the Rule) stating that it should be explicitly stated applicable provisions of 45 CFR part 74 that the record-keeping requirements of or part 92. We wish to encourage Comments: One comment to grantees to collocate services with other § 1309.22(a)(i) of the NPRM (now this section are not meant to apply to service providers in the community and § 1309.23 of the final rule) states that it lenders. to use the facility, and program income is assumed that this provision is not Response: The NPRM states that all generated from it, to further the goals intended to prevent lenders from records pertinent to the purchase must and objectives of the program. obtaining standard mortgagee title be maintained by the grantee for the insurance coverage to safeguard their period stated. Since this is clear by Section 1309.45—Independent Analysis interests in the facility. A second itself, we state here only that this (Redesignated § 1309.44 in This Final respondent suggests that, in addition to requirement applies to Head Start Rule) title insurance and physical destruction grantees only and has no application to insurance, other insurance, such as lenders. Comment: One comment to this general liability and builder’s risk section was received, which proposed Section 1309.42—Audit of Mortgage; that this analysis should be conducted insurance, will be needed to reflect Five Year Appraisal—(Reference to Five ownership and contractual obligations. within 45 days to avoid the risk of Year Appraisal Has Been Deleted From grantees losing lenders and facilities. This comment states that physical the Final Rule) destruction insurance should cover the Response: We appreciate that the ‘‘replacement value’’ rather than the Comment: A comment on this section, independent analysis should not unduly ‘‘full appraised value of the facility,’’ which requires an appraisal of the value delay a decision on the application. On since an appraisal may not reflect the of a facility purchased with grant funds the other hand if there were an actual cost of the facility and its at least once every five years, states that unusually complicated transaction contents. the appraisal will be unnecessary and a presented it would not be advisable to Response: The assumption of the first poor use of program money. abandon the analysis because the 45 day respondent is correct. With respect to Response: Upon reconsideration, we period had expired. We therefore view the second comment, we have changed agree with the respondent that the this 45 day period as a goal which we § 1309.22(a) of the NPRM (§ 1309.23(a) requirement of an appraisal of the expect to achieve in the future except of the final rule) to require grantees to property at least once every five years is under unusual circumstances. provide the same insurance coverage as unnecessary and not the best use of This section has been redesignated they provide to other property owned by scarce grant funds. We have deleted this § 1309.44 as a result of the deletion of them, but not less than the coverage requirement. the NPRM section on program income. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5945

V. Impact Analysis approval in accordance with the within 30 days of publication. Written Paperwork Reduction Act. comments to OMB for the proposed Executive Order 12866 The respondents to the information information collection should be sent Executive Order 12866 requires that collection requirements in the rule are directly to the following: Office of regulations be drafted to ensure that Head Start grantees who may be State or Management and Budget, Paperwork they are consistent with the priorities local non-profit agencies or Reduction Project, 725 17th Street, NW, and principles set forth in the Executive organizations. The Department needs to Washington, DC 20503, Attn: Wendy Order. The Department has determined require this collection of information in Taylor. that this rule is consistent with these order to assure that grantees who apply priorities and principles. This Final for approval to purchase a facility with List of Subjects in 45 CFR Part 1309 Rule implements the statutory authority Head Start funds have followed certain Acquisition, Facilities Purchase, Head for Head Start grantees to apply to use necessary legal and administrative Start, Real Property, Modular Units. grant funds to purchase facilities. procedures. Also these collection of (Catalog of Federal Domestic Assistance Congress made no additional information requirements are necessary Program Number 93.600, Project Head Start) appropriation to fund this new for monitoring purposes. Dated: August 3, 1998. authority, however, and so any money The grantees who will be affected by Olivia A. Golden, spent toward the purchase of facilities these requirements will be those who Assistant Secretary for Children and Families. for Head Start programs is money that request approval and are approved to would have been spent otherwise by the purchase facilities for the purpose of Approved: October 28, 1998. program or other programs from the operating a Head Start program. Based Donna E. Shalala, same appropriation amount. on the average number of grantees who Secretary. Regulatory Flexibility Act of 1980 have requested approval from the For the reasons set forth in the Department since the statutory authority Preamble, 45 CFR Chapter XIII is The Regulatory Flexibility Act (5 became effective, October 7, 1992, the amended by adding Part 1309 as U.S.C. CH. 6) requires the Federal estimated annual number of grantees follows: government to anticipate and reduce the that will be affected is 200. impact of rules and paperwork The actual submittal of an application PART 1309ÐHEAD START FACILITIES requirements on small businesses. For (§ 1309.10) from a grantee to purchase a PURCHASE each rule with a ‘‘significant economic facility is a one time activity which is impact on a substantial number of small preceded by a number of preparatory Subpart AÐGeneral entities’’ an analysis must be prepared activities. We estimate the time it will Sec. describing the rule’s impact on small take to prepare the application in 1309.1 Purpose and application. entities. accordance with the requirements of 1309.2 Approval of previously purchased Small entities are defined by the Act facilities. this rule is 40 hours per grantee, 1309.3. Definitions. to include small businesses, small non- calculated over a period of time. On an profit organizations and small annual basis, the total hours estimated Subpart BÐApplication Procedures governmental entities. While these for submittal of applications from 1309.10 Application. regulations would affect small entities, grantees are 8,000. 1309.11 Cost comparison. they would not affect a substantial For copies of documents (§ 1309.40) 1309.12 Timely decisions. number. Furthermore, the cost of the and record retention (§ 1309.41) Subpart CÐProtection of Federal Interest application process and other activities activities, we estimate the number of 1309.20 Title. undertaken as a result of these hours to be 1 hour per grantee and the regulations will not have a significant 1309.21 Recording of Federal interest and total annual hours for all grantees who other protection of Federal interest. economic impact because the Head Start submit applications to be 200. 1309.22 Rights and responsibilities in the program covers 80% of the allowable The Administration for Children and event of grantee’s default on mortgage, or costs of grantees under the program. The Families (ACF) will consider comments withdrawal or termination. remaining costs associated with by the public on these proposed 1309.23 Insurance, bonding, and compliance are part of the share of costs collections of information in: maintenance. • grantees agree to meet from their own Evaluating whether the proposed Subpart DÐModular Units resources when they enter the Head collections are necessary for the proper Start program. For these reasons, the 1309.30 General. performance of the functions of ACF, 1309.31 Site description. Secretary certifies that this rule will not including whether the information will 1309.32 Statement of procurement have a significant impact on substantial have practical utility; procedure for modular units. numbers of small entities. • Evaluating the accuracy of ACF’s 1309.33 Inspection. Paperwork Reduction Act estimate of the burden of the proposed 1309.34 Costs of installation of modular collections of information; unit. Under the Paperwork Reduction Act • Enhancing the quality, usefulness, Subpart EÐOther Administrative Provisions of 1995, Pub. L. 104–13, all Departments and clarity of the information to be are required to submit to the Office of collected; and 1309.40 Copies of documents. Management and Budget (OMB) for • Minimizing the burden of the 1309.41 Record retention. review and approval any reporting or 1309.42 Audit of mortgage. collection of information on those who 1309.43 Use of grant funds to pay fees. record-keeping requirement inherent in are to respond. 1309.44 Independent analysis. a proposed or final rule. This final rule OMB is required to make a decision Authority: 42 U.S.C. 9801 et seq. contains information collection and concerning the collection of information record-keeping requirements in contained in this final rule between 30 Subpart AÐGeneral §§ 1309.10 (application), 1309.40 and 60 days after publication of this (copies of documents), and 1309.41 document in the Federal Register. § 1309.1 Purpose and application. (record retention) which have been Therefore, a comment is best assured of This part prescribes regulations submitted to OMB for review and having its full effect if OMB receives it implementing sections 644(c) and 644(f) 5946 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations of the Head Start Act, 42 U.S.C. 9801 et activities necessary to the conduct of the must state what portion of the facility is seq., as it applies to grantees operating Head Start program. to be used for such other purposes. Head Start programs under the Act. It Modular unit means a portable (f) Assurance that the facility describes the procedures for applying prefabricated structure made at another complies (or will comply after for Head Start grant funds to purchase location and moved to a site for use by completion of the renovations described facilities in which to operate Head Start a Head Start grantee to carry out a Head in paragraph (d) of this section) with programs, and the conditions under Start program. local licensing and code requirements, which grant funds may be awarded to Purchase means to buy an existing the access requirements of the purchase facilities. It also specifies the facility, either outright or through a Americans with Disabilities Act (ADA), measures which must be taken to mortgage. Purchase also refers to an if applicable, and section 504 of the protect the Federal interest in facilities approved purchase of a facility, Rehabilitation Act of 1973. The grantee purchased with Head Start grant funds. commenced between December 31, 1986 also will assure that it has met the and October 7, 1992, as permitted by the requirements of the Flood Disaster § 1309.2 Approval of previously purchased Protection Act of 1973, if applicable. facilities. Head Start Act, and by § 1309.2 of this part. (g) If the grantee is claiming that the Head Start grantees which purchased lack of alternative facilities will prevent Real property means land, including facilities after December 31, 1986, and or would have prevented operation of land improvements, structures and before October 7, 1992, may request the program, a statement of how it was appurtenances thereto, excluding retroactive approval of the purchase by determined that there is or was a lack movable machinery and equipment. submitting an application which of alternative facilities. This statement conforms to the requirements of this Responsible HHS official means the must be supported, whenever possible, Part and the Act. Grant funds may be official who is authorized to make the by a written statement from a licensed used to pay facility purchase costs grant of financial assistance to operate a real estate professional in the grantee’s incurred only after the responsible HHS Head Start program, or such official’s service area. If a grantee requesting official approves an application for a designee. approval of the previous purchase of a previously purchased facility. Subpart BÐApplication Procedures facility is unable to provide such statements based on circumstances § 1309.3 Definitions. § 1309.10 Application. which existed at the time of the As used in this part, A grantee which proposes to use grant purchase, the grantee and the licensed ACF means the Administration for funds to purchase a facility must submit real estate professional may use present Children and Families in the a written application to the responsible conditions as a basis for making the Department of Health and Human HHS official. The application must determination. Services, and includes the Regional include the following information: (h) The terms of any proposed or Offices. existing loan(s) related to the purchase (a) A legal description of the site of Acquire means to purchase in whole of the facility and the repayment plans the facility, and an explanation of the or in part with Head Start grant funds (detailing balloon payments or other appropriateness of the location to the through payments made in satisfaction unconventional terms, if any) and grantee’s service area, including a of a mortgage agreement (both principal information on all other sources of statement of the effect that purchase of and interest), as a down payment, for funding of the purchase, including any the facility has had or will have on the professional fees, for closing costs, and restrictions or conditions imposed by transportation of children to the for any other costs associated with the other funding sources. purchase of the property that are usual program, on the grantee’s ability to (i) A statement of the effect that the and customary for the locality. collaborate with other child care, social purchase of the facility would have on Act means the Head Start Act, 42 services and health providers, and on all the grantee’s meeting of the non-Federal U.S.C. section 9801, et seq. other program activities and services. share requirement of section 640(b) of ACYF means the Administration on (b) Plans and specifications of the the Head Start Act, including whether Children, Youth and Families, a facility, including information on the the grantee is seeking a waiver of its component of the Administration for size and type of structure, the number non-Federal share obligation under that Children and Families in the and a description of the rooms and the section of the Act. Department of Health and Human lot on which the building is located (j) Certification by a licensed engineer Services. (including the space available for a or architect that the building is Facility means a structure such as a playground and for parking). structurally sound and safe for use as a building or modular unit appropriate for (c) The cost comparison described in Head Start facility. If minor renovations use by a Head Start grantee to carry out § 1309.11 of this part. are necessary to make the facility a Head Start program. (d) If minor renovations are necessary suitable for use to carry out a Head Start Grant funds means Federal financial to make the facility suitable to carry out program, the application must include a assistance received by a grantee from the Head Start program, a description of certification by a licensed engineer or ACF to administer a Head Start program the renovations, and the plans and architect as to the cost and technical pursuant to the Head Start Act. specifications required by paragraph (b) appropriateness of the proposed Grantee means the local public, of this section for the facility as it will renovations. private non-profit or for-profit agency be after renovations are complete. (k) A statement of the effect that the designated to operate a program (e) The intended uses of the facility, purchase of a facility would have on the pursuant to 42 U.S.C. 9836 or 42 U.S.C. including information demonstrating grantee’s ability to meet the limitation 9840a. that the facility will be used principally on development and administrative Head Start center or a direct support as a Head Start center or a direct costs in section 644(b) of the Head Start facility for a Head Start program means support facility for a Head Start Act. One-time fees and expenses a facility used primarily to provide program. If the facility is to be used for necessary to the purchase, such as the Head Start services to children and their purposes in addition to the operation of down payment, the cost of necessary families, or for administrative or other the Head Start program, the grantee minor renovations, loan fees and related Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5947 expenses, and fees paid to attorneys, must compare the cost of purchasing the cost of site preparation and installation engineers, and appraisers, are not proposed facility to the cost of renting of a modular unit, and the costs of considered to be administrative costs. an alternative facility. necessary minor renovations; and (l) A proposed schedule for (b) All costs of purchase and (2) Ongoing costs, including, but not acquisition, renovation and occupancy ownership must be identified, limited to, mortgage payments, of the facility. including, but not limited to, insurance premiums, maintenance (m) Reasonable assurances that the professional fees, minor renovation costs, and property taxes. If the grantee applicant will obtain, or in the case of costs, moving expenses, additional is exempt from the payment of property a previously purchased facility, has transportation costs, maintenance, taxes, taxes, this fact must be stated. obtained a fee simple or such other insurance, and easements, rights of way (e) The period of comparison is estate or interest in the site sufficient to or land rentals. An independent twenty years, except that for the assure undisturbed use and possession appraisal of the current value of the purchase of a modular unit the period for the purpose of operating the Head facility proposed to be purchased or of comparison is ten years. For a Start program. If the grantee proposes to previously purchased, made by a proposed purchase the period of purchase a facility without also professional appraiser, must be comparison begins on the date on which purchasing the land on which the included. the proposal is made. For approvals of facility is situated, the application must (c) The comparison described in previous purchases, the period of describe the easement, right of way or paragraph (a) of this section must comparison begins on the date the land rental it will obtain or has obtained compare the cost of the proposed purchase of the facility took place. to allow it sufficient access to the facility to the cost of the facility (f) If the facility is to be used for facility. currently used by the grantee, unless the purposes in addition to the operation of (n) An assessment of the impact of the grantee has no current facility, will lose the Head Start program, the cost of use proposed acquisition on the human the use of its current facility, intends to of that part of the facility used for such environment if it involves significant continue to use its current facility after other purposes must be allocated in renovation or a significant change in it purchases the new facility, or has accordance with applicable Office of land use, including substantial increases shown to the satisfaction of the Management and Budget cost in traffic in the surrounding area due to responsible HHS official that its existing principles. the provision of Head Start facility is inadequate. Where the § 1309.12 Timely decisions. transportation services, pursuant to grantee’s current facility is not used as section 102(2)(C) of the National the alternate facility, the grantee must The responsible HHS official shall Environmental Policy Act of 1969 (42 use for comparison a facility (or promptly review and make final U.S.C. 4332(2)(C)) and its implementing facilities) available for lease in the decisions regarding completed regulations (40 CFR parts 1500–1508), grantee’s service area and which are applications under this part. and a report showing the results of tests usable as a Head Start facility (meaning a facility large enough to meet the Subpart CÐProtection of Federal for environmental hazards present in Interest the facility, ground water, and soil (or foreseeable needs of the Head Start justification why such testing is not grantee, and which complies with local § 1309.20 Title. necessary). In addition, such licensing and code requirements and the Title to facilities acquired with grant information as may be necessary to access requirements of the Americans funds vests with the grantee upon comply with the National Historic With Disabilities Act, if applicable, and acquisition, subject to the provisions of Preservation Act of 1966 (16 U.S.C. section 504 of the Rehabilitation Act of this part. 470f) must be included. 1973) or which can be made useable (o) Assurance that the grantee will through minor renovation, the cost of § 1309.21 Recording of Federal interest comply with the requirements of the which shall be included in the cost and other protection of Federal interest. Uniform Relocation Assistance and Real comparison. In the case of an (a) The Federal Government has an Property Acquisition Policies Act of application for approval of the previous interest in all real property and 1970, as amended (42 U.S.C. 4601 et purchase of a facility, the cost of the equipment purchased with grant funds seq. and 49 CFR part 24), and present facility must be compared to the for use as a Head Start facility. The information about the costs that may be cost of the facility used by the grantee responsible HHS official may agree to incurred due to compliance with this before purchase of its current facility. If subordinate the Federal interest in such Act. the facility used by the grantee before property to that of a lender which (p) A statement of the share of the cost the purchase of its present facility was finances the purchase of the property of purchase that will be paid with grant deemed inadequate by the responsible subject to the conditions set forth in funds. HHS official, the grantee had no paragraph (f) of this section. (q) For a grantee seeking approval of previous facility, or if the grantee (b) Facilities acquired with grant a previous purchase, a statement of the continued to use its previous facility funds may not be mortgaged or used as extent to which it has attempted to after the current facility was purchased collateral, or sold or otherwise comply and will be able to comply with the alternative facility shall be an transferred to another party, without the the provisions of § 1309.22(a) of this available, appropriate facility (or written permission of the responsible part. facilities) of comparable size that was HHS official. (r) Such additional information as the available for rent in the grantee’s service (c) Use of the facility for other than responsible HHS official may require. area at the time of its purchase of the the purpose for which the facility was current facility. funded, without the express written § 1309.11 Cost comparison. (d) The grantee must separately approval of the responsible HHS (a) A grantee proposing to purchase a delineate the following expenses in the official, is prohibited. facility with grant funds must submit a application: (d) Immediately upon purchasing a detailed estimate of the cost of the (1) One-time costs, including, but not facility with grant funds, or receiving proposed purchase, including the cost limited to, the down payment, permission to use funds for a previously of any necessary minor renovations, and professional fees, moving expenses, the purchased facility, the grantee shall 5948 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations record a Notice of Federal Interest in the (ii) The following statement (b) The grantee must immediately appropriate official records for the prominently displayed at the top of the provide the responsible HHS official jurisdiction in which the facility is first page of the notice: ‘‘The Federal with both telephonic and written located. The Notice shall include the Interest in certain real property or notification of a default of any following information: equipment used for the Head Start description on the part of the grantee (1) The date of the award of grant Program may be at risk. Immediately under a real property or chattel funds for the purchase of the property give this notice to the appropriate mortgage. to be used as a Head Start facility, and government official’’; (c) In the event that a default is not the address and legal description of the (iii) The date and nature of the default cured and foreclosure takes place, the property to be purchased; and the manner in which the default mortgagee or creditor shall pay ACF that (2) That the grant incorporated may be cured; and percentage of the proceeds from the foreclosure sale of the property conditions which include restriction on (iv) In the event that the lender will attributable to the Federal share as the use of the property and provide for be exercising its remedy of foreclosure defined in 45 CFR 74.2, or, if part 92 is a Federal interest in the property; or other remedies, the date or expected (3) That the property may not be used applicable, to ACF’s share as defined in date of the foreclosure or other for any purpose inconsistent with that 45 CFR 92.3. If ACF and the mortgagee remedies. authorized by the Head Start Act and or creditor have agreed that ACF’s applicable regulations; (3) Head Start grantees which Federal interest will be subordinated to (4) That the property may not be purchase facilities with respect to which the mortgagee’s or creditor’s interest in mortgaged or used as collateral, sold or the responsible HHS official has the property, that agreement must be set otherwise transferred to another party, subordinated the Federal Interest to that forth in a written subordination without the written permission of the of the lender must keep the lender agreement that is signed by the responsible HHS official; informed of the current addresses and responsible HHS official and that (5) That these grant conditions and telephone numbers of the agencies to complies with § 1309.21 and any other requirements cannot be altered or which the lender is obligated under applicable Federal law. nullified through a transfer of paragraph (b) of this section to give ownership; and notice in the event of a default. § 1309.23 Insurance, bonding and (6) The name (including signature) maintenance. § 1309.22 Rights and responsibilities in (a) At the time of acquiring a facility and title of the person who completed the event of grantee's default on mortgage, the Notice for the grantee agency, and or withdrawal or termination. or receiving approval for the previous the date of the Notice. purchase of a facility, the grantee shall (e) Grantees must meet all of the (a) The mortgage agreement, or obtain insurance coverage for the requirements in 45 CFR parts 74 or 92 security agreement in the case of a facility which is of the same type as the pertaining to the purchase and modular unit which is proposed to be coverage it has obtained for other real disposition of real property, or the use purchased under a chattel mortgage, property it owns, which includes and disposal of equipment, as shall provide in the case of default by student liability insurance and which at appropriate. the grantee or the withdrawal or least meets the requirements of the (f) In subordinating its interest in a termination of the grantee from the coverage specified in paragraphs (a)(1) facility purchased with grant funds, the Head Start program that ACF may and (2) of this section as follows: responsible HHS official does not waive intervene. In the case of a default, the (1) A title insurance policy which application of paragraph (d) of this mortgage agreement or security insures the fee interest in the facility for section and § 1309.22. A written agreement must provide that ACF may an amount not less than the full agreement by the responsible HHS intervene to ensure that the default is appraised value as approved by ACF, or official to subordinate the Federal cured by the grantee or another agency the amount of the purchase price, interest must provide: designated by ACF and that the lender whichever is greater, and which (1)(i) The lender shall notify the shall accept the payment of money or contains an endorsement identifying Office of the Regional Administrator, performance of any other obligation by ACF as a loss payee to be reimbursed if Administration for Children and ACF’s designee, for the grantee, as if the title fails. If no endorsement naming Families, the Office of the such payment of money or performance ACF as loss payee is made, the grantee Commissioner, Administration on had been made by the grantee. The is required to pay ACF the title Children, Youth and Families, agreement shall also provide that ACF insurance proceeds it receives in the Washington, D.C., and the Office of the will have a period of 60 days after event of title failure; and General Counsel, Department of Health notification by the grantee of default in (2) A physical destruction insurance and Human Services, Washington, DC, which to intervene to attempt to cure policy, including flood insurance where or their successor agencies, the default. The agreement shall further appropriate, which insures the full immediately, both telephonically and in provide that in the event of a default, or replacement value of the facility from writing of any default by the Head Start the withdrawal or termination of the risk of partial and total physical grantee; grantee the mortgage may be assumed destruction. The insurance policy is to (ii) Written notice of default must be by an organization designated by ACF. be maintained for the period of time the sent by registered mail return receipt The mortgagee or creditor will have the facility is owned by the grantee. requested; and, right to approve the organization (b) The grantee shall submit copies of (iii) The lender will not foreclose on designated to assume the mortgage, but such insurance policies to ACF within the property until at least 60 days after such approval will not be withheld five days of acquiring the facility or the required notice by the lender has except for good reason. The provisions receiving approval for the previous been sent. required for inclusion in mortgages purchase of a facility. If the grantee has (2) Such notice will include: must be included in the mortgages of not received the policies in time to (i) The full names, addresses, and previously purchased facilities unless a submit copies within this period, it telephone numbers of the lender and the convincing justification for not doing so shall submit evidence that it has Head Start grantee; is shown by the Head Start grantee. obtained the appropriate insurance Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5949 policies within five days of acquiring on the use and disposition of this Such costs include, but are not limited the facility or receiving approval for the property, and provided for a continuing to, payments for public utility hook-ups, previous purchase of a facility, and it Federal interest in the property. site surveys and soil investigations. shall submit copies of the policies Specifically, the property may not be within five days of its receipt of them. used for any purpose other than the Subpart EÐOther Administrative (c) The grantee must maintain purpose for which the facility was Provisions facilities acquired with grant funds in a funded, without the express written § 1309.40 Copies of documents. manner consistent with the purposes for approval of the responsible DHHS which the funds were provided and in official, or sold or transferred to another Certified copies of the deed, loan compliance with State and local party without the written permission of instrument, mortgage, and any other government property standards and the responsible DHHS official. These legal documents related to the purchase building codes. conditions are in accordance with the of the facility or to the discharge of any statutory provisions set forth in 42 debt secured by the facility must be Subpart DÐModular Units U.S.C. 9839; the regulatory provisions submitted to the responsible HHS official within ten days of their § 1309.30 General. set forth in 45 CFR part 1309, 45 CFR part 74 and 45 CFR part 92; and execution. In addition to the special Administration for Children and § 1309.41 Record retention. requirements of §§ 1309.31-1309.34 of Families’ grants policy.’’ this part, the proposed purchase or (c) A modular unit which has been All records pertinent to the purchase request for approval of a previous approved for purchase and installation of a facility must be retained by the purchase of a modular unit is subject to in one location may not be moved to grantee for a period equal to the period all of the requirements of this part with another location without the written of the grantee’s ownership of the facility the following exceptions: permission of the responsible HHS plus three years. (a) Section 1309.10(j) of this part, official. which requires a certification by a § 1309.42 Audit of mortgage. licensed engineer or architect of the § 1309.32 Statement of procurement Any audit of a grantee which has structural soundness of a facility prior procedure for modular units. purchased a facility with grant funds to approval of an application for grant (a) An application for the purchase of shall include an audit of any mortgage funds, is replaced by § 1309.33; and a modular unit must include a statement or encumbrance on the facility. (b) Section 1309.21(d) of this part describing the procedures which will be Reasonable and necessary fees for this does not apply to the proposed purchase used by the grantee to purchase the audit are payable with grant funds. of modular units if the land on which modular unit. § 1309.43 Use of grant funds to pay fees. the unit is installed is not owned by the (b) This statement must include a grantee. copy of the specifications for the unit Consistent with the cost principles referred to in 45 CFR part 74 and 45 § 1309.31 Site description. which is proposed to be purchased and assurance that the grantee will comply CFR part 92, reasonable fees and costs (a) An application for the purchase or with procurement procedures in 45 CFR associated with and necessary to the approval of a previous purchase of a parts 74 and 92, including assurance purchase of a facility (including modular unit must state specifically that all transactions will be conducted reasonable and necessary fees and costs where the modular unit will be in a manner to provide, to the maximum incurred prior to the submission of an installed, and whether the land on extent practical, open and free application under § 1309.10 of this part which the modular unit will be installed competition. A grantee requesting or prior to the purchase of the facility) will be purchased by the grantee. If the approval of a previous purchase of a are payable with grant funds, but grantee does not propose to purchase modular unit also must include a copy require prior, written approval of the land on which to install the modular of the specifications for its unit. responsible HHS official. unit or if the previously purchased modular unit is located on land not § 1309.33 Inspection. § 1309.44 Independent analysis. owned by the grantee, the application A grantee which purchases a modular (a) The responsible HHS official may must state who owns the land on which unit with grant funds or receives direct the grantee applying for funds to the modular unit is or will be situated approval of a previous purchase must purchase a facility to obtain an and describe the easement, right-of-way have the modular unit inspected by a independent analysis of the cost or land rental it will obtain or has licensed engineer or architect within 15 comparison submitted by the grantee obtained to allow it sufficient access to calendar days of its installation or pursuant to § 1309.11 of this part, or the the modular unit. approval of a previous purchase, and statement under § 1309.10(g) of this (b) Modular units which are must submit to the responsible HHS part, or both, if, in the judgment of the purchased with grant funds and which official the engineer’s or architect’s official, such an analysis is necessary to are not permanently affixed to land, or inspection report within 30 calendar adequately review a proposal submitted which are affixed to land which is not days of the inspection. under this part. owned by the grantee, must have posted (b) The analysis shall be in writing in a conspicuous place the following § 1309.34 Costs of installation of modular unit. and shall be made by a qualified, notice: ‘‘On (date), the Department of disinterested real estate professional in Health and Human Services (DHHS) Consistent with the cost principles the community in which the property awarded (grant number) to (Name of referred to in 45 CFR part 74 and 45 proposed to be purchased is situated. grantee). The grant provided Federal CFR part 92, all reasonable costs (c) Section 1309.43 of this part applies funds for conduct of a Head Start necessary to the installation of a to payment of the cost of the analysis. program, including purchase of this modular unit the purchase of which has modular unit. The grant incorporated been approved by the responsible HHS [FR Doc. 99–2860 Filed 2–5–99; 8:45 am] conditions which included restrictions official are payable with grant funds. BILLING CODE 4184±01±P 5950 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations

FEDERAL COMMUNICATIONS a determination of exempt consistently resolve competitiveness COMMISSION telecommunications company status issues. filed pursuant to section 34(a)(1) of the 47 CFR Part 0 Public Utility Holding Company Act of § 0.41 [Amended] 3. Section 0.41 is amended by [FCC 98±136] 1935, as amended by section 103 of the Telecommunications Act of 1996. See removing paragraph (g) and Rules To Reflect the Elimination of the Amendment of Part 0 of the redesignating paragraphs (h) through (o) Competition Division Commission’s Rules to Delegate as (g) through (n). Authority to the General Counsel to Act § 0.251 [Amended] AGENCY: Federal Communications Upon Applications for Determination of Commission. Exempt Telecommunications Company 4. Section 0.251 is amended by ACTION: Final rule. Status, 11 FCC Rcd 22166 (1996) 61 FR removing paragraph (g) and 26464, May 28, 1996. The Commission redesignating paragraphs (h) and (i) as SUMMARY: This document amends the has concluded that the effective and (g) and (h). Commission’s rules to reflect: the efficient dispatch of these duties and 5. Section 0.304 is added to read as elimination of the Competition Division responsibilities is best ensured by follows: within the Office of General Counsel; delegating such authority to the § 0.304 Authority for determinations of changes in the functions of the Office of Common Carrier Bureau. General Counsel and Office of Plans and exempt telecommunications company 4. The amendments adopted herein status. Policy; and a delegation of authority to pertain to agency organization. The the Common Carrier Bureau to act on Authority is delegated to the Chief, notice and comment and effective date Common Carrier Bureau to act upon any applications for determinations of provisions of the Administrative exempt telecommunications company application for a determination of Procedure Act, 5 U.S.C. 553, are exempt telecommunications company status. therefore inapplicable. Authority for the EFFECTIVE DATE: February 8, 1999. status filed pursuant to section 34(a)(1) amendments adopted herein is of the Public Utility Holding Company FOR FURTHER INFORMATION CONTACT: contained in Sections 4(i), 5(b) and 5(c) Act of 1935, as amended by section 103 Rebecca Dorch, Office of Engineering of the Communications Act of 1934, as of the Telecommunications Act of 1996. and Technology, (202) 418–1868. amended, 47 U.S.C. 154(i), 155(b) and SUPPLEMENTARY INFORMATION: 155(c). [FR Doc. 99–2864 Filed 2–5–99; 8:45 am] 1. Through this Order, FCC 98–136, 5. Accordingly, it is ordered, pursuant BILLING CODE 6712±01±P adopted June 23, 1998, and released to authority delegated by Commission June 29, 1998, the Commission Order, FCC 98–136, released June 29, FEDERAL COMMUNICATIONS eliminates the Competition Division of 1998, and effective upon publication in COMMISSION the Office of General Counsel. We the Federal Register, that part 0 of the Commission’s rules and regulations is conclude that this action, and 47 CFR Parts 11 and 76 reassignment of the personnel involved, amended as set forth in the rule will make more effective and efficient changes. use of the Commission’s scarce [FO Docket No. 91±171, 91±301; FCC 98± List of Subjects in 47 CFR Part 0 329] resources. Organization and functions 2. The implementation of this Emergency Alert System decision requires amendment of part 0 (government agencies). of the Commission’s rules and Federal Communications Commission. AGENCY: Federal Communications regulations. This Order makes the Magalie Roman Salas, Commission. necessary revisions and other minor Secretary. ACTION: Termination of rulemaking. editorial changes in part 0 of the Commission’s rules. To ensure Rule Changes SUMMARY: In this Third Report and continuity in the dispatch of the duties For the reasons discussed in the Order the FCC determined that cable and functions performed by the preamble, the Federal Communications systems should not be required to install Competition Division, certain Commission amends 47 CFR part 0 as channel override equipment in order to responsibilities and delegations of follows: prevent EAS messages from appearing authority are being reassigned. In on specific channels on a cable system. particular, 47 CFR 0.21 and 0.41 are PART 0ÐCOMMISSION In the Second Further Notice and amended by revising the duties and ORGANIZATION Proposed Rule Making 63 FR 29660, responsibilities of the Office of General June 1, 1998, the Commission requested Counsel by eliminating paragraph (g) of 1. The authority citation for part 0 comment regarding the effectiveness of section 0.41 and by transferring from the continues to read as follows: proposed rule amendments that would Office of General Counsel to the Office Authority: Secs. 5, 48 Stat. 1068, as require cable systems to purchase and of Plans and Policy the responsibility to amended; 47 U.S.C. 155. install equipment to prevent EAS help ensure that FCC policy encourages 2. Section 0.21 is amended by adding messages from overriding broadcast and promotes competitive market a new paragraph (j) to read as follows: stations programming carried on a cable structures by providing bureaus and system. Commission rules allow offices with the necessary support to § 0.21 Functions of the Office. broadcast stations and cable system identify, evaluate, and effectively and * * * * * operators to enter into voluntary written consistently resolve competitiveness (j) To help ensure that FCC policy agreements that prevent broadcast issues. encourages and promotes competitive program interruption. After review of 3. The General Counsel currently has market structures by providing bureaus the record it was determined that the delegated authority, pursuant to 47 CFR and offices with the necessary support Commission should not mandate rules 0.251(g), to act upon any application for to identify, evaluate, and effectively and to require broadcast channel overrides. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5951

FOR FURTHER INFORMATION CONTACT: Further Notice of Proposed Rulemaking. ‘‘noncommercial programming of an Frank Lucia, Compliance and We found no merit in arguments educational or informational nature.’’ Information Bureau, (202) 418–1220. asserting that the statutory language These rules will provide for the carriage SUPPLEMENTARY INFORMATION: This is a exempts local broadcast station on DBS systems of qualified political synopsis of the Commission’s Third programming from interruption by cable candidates for national office and will Report and Order in FO Dockets 91– system EAS requirements. The make DBS channel capacity available to 171/91–301, adopted December 14, Memorandum Opinion and Order also ‘‘national educational programming 1998, and released December 23, 1998. rejected NAB’s arguments that EAS suppliers,’’ upon reasonable prices, The full text of this Federal interruptions violate provisions set forth terms, and conditions. Communications Commission’s (FCC) in the Copyright Act and the DATES: Effective June 15, 1999 except for Third Report and Order is available for Commissions must carry rules. § 100.5(c)(6) which contains information inspection and copying during normal The Second Report and Order, which collection requirements that are not business hours in the FCC’s Public was released in September of 1997, effective until approved by the Office of Reference Center (Room 239), 1919 M modified some of the requirements in Management and Budget. The FCC will Street, N.W., Washington, D.C. 20554. the Report and Order and addressed publish a document in the Federal The complete text may also be issues raised in the FNPRM that applied Register announcing the effective date purchased from the Commission’s to wired and wireless cable systems. for that section. Written Comments duplication contractor, International The Second Report and Order also regarding the Paperwork Reduction Act Transcription Service, Inc., 1231 20th declined to exercise preemption of local requirements in § 100.5(c)(6) should be Street, NW, Washington, D.C. 20336; cable franchise agreements unless a submitted on or before April 9, 1999. phone: (202) 857–3800, facsimile: (202) jurisdiction takes action that interferes 857–3805. with the national warning functions of ADDRESSES: Comments regarding the Synopsis of Third Report and Order EAS. paperwork reduction act requirements in § 100.5(c)(6) should be submitted to Legal Basis The FCC adopted a Third Report and Les Smith at 445 12th Street S.W., Rm. Order which declined to mandate rules Authority for issuance of this Third 1–A804, Washington D.C. 20554 or via that require the installation of selective Report and Order is contained in internet at [email protected]; phone 202– channel switching equipment at cable Sections 4(i), 257, 303(b), 303(g), 303(r), 418–0217. systems. This equipment prevents 309(j), and 332(a) of the program interruption on broadcast Communications Act of 1934, as FOR FURTHER INFORMATION CONTACT: For channels carried on cable systems amended, 47 U.S.C. §§ 154(i), 257, more information regarding the Report during cable initiated EAS activations. 303(b), 303(g), 303(r), 309(j), and 332(a). and Order contact Rosalee Chiara (202) The FCC has not changed or amended 418–0754 or James Taylor (202) 418– the rules that provide for cable and List of Subjects 2113 of the International Bureau. For broadcast stations entering into 47 CFR Part 11 more information regarding the voluntary written agreements that information collections and to submit prevent EAS interruption to a broadcast Emergency alert system. comments, contact Les Smith at 202– station. Finally, the Third Report and 47 CFR Part 76 418–0217; 445 12th Street S.W., Rm. 1– Order also rejected arguments to A804, Washington D.C. 20554 or via preempt provisions of local franchise Cable television. internet at [email protected], and agreements that require local emergency Federal Communications Commission. Timothy Fain, OMB Desk Officer, Rm. messages. The record indicates that Magalie Roman Salas, 10236 NEOB, 725 17th Street, N.W., many local municipalities use cable Secretary. Washington, D.C. 20503 or l franchise agreements as a primary [FR Doc. 99–2863 Filed 2–5–99; 8:45 am] fain [email protected]. means of alerting residents to non- BILLING CODE 6712±01±P SUPPLEMENTARY INFORMATION: This is a weather related local emergencies. summary of the Commission’s Report Background and Order in MM Docket No. 93–25; FEDERAL COMMUNICATIONS FCC 98–307, adopted November 19, EAS replaced the Emergency COMMISSION Broadcast System (EBS), and uses 1998 and released on November 25, various communications technologies, 47 CFR Part 100 1998. The complete text of this Report such as broadcast stations and cable and Order is available for inspection systems, to alert the public regarding [MM Docket 93±25; FCC 98±307] and copying during normal business national, state and local emergencies. hours in the FCC Reference Center Direct Broadcast Satellite Public (Room), 445 12th Street, S.W. EAS, compared to EBS, includes more Interest Obligations sources capable of alerting the public Washington, D.C. 20554, and also may and specifies new equipment standards AGENCY: Federal Communications be purchased from the Commission’s and procedures to improve alerting Commission. copy contractor, International Transcription Service, Inc., 1231 20th capabilities. ACTION: Final rule. In 1994 the Commission issued a Street, N.W., Washington, DC 20036, Report and Order and Further Notice of SUMMARY: In this document, the telephone: 202–857–3800, facsimile: Proposed Rulemaking 59 FR 67090, Commission imposes requirements on 202–857–3805. December 28, 1994. This proceeding Direct Broadcast Satellite Service (DBS) Summary of Report and Order directed broadcast stations and cable providers to comply with the political system participation in EAS. In our broadcast rules of the Communications 1. On March 2, 1993 the Commission Memorandum Opinion and Order, 10 Act of 1934, as amended, and mandates released a Notice of Proposed FCC Rcd 11494 (1995), we responded to that DBS providers reserve between 4 Rulemaking to implement Section 25 of petitions for reconsideration filed percent and 7 percent of their channel the 1992 Cable Television Consumer regarding the Report and Order and capacity exclusively for Protection and Competition Act of 1992 5952 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations

(‘‘1992 Cable Act’’).1 Specifically, Commission’s rules requires that earth ensure that competing candidates will Section 25 of the 1992 Cable Act, which stations operating with non-U.S. be able to ascertain what equal added new Section 335 to the licensed satellites be licensed by the opportunities they are entitled to, we Communications Act of 1934, as Commission. As a condition of its will require the DBS provider to amended, (the Act) required the license, the Commission will require the maintain a political file similar to the Commission to impose on providers of earth station licensee communicating one maintained by broadcasters.6 The Direct Broadcast Satellite Service (DBS), with a non-U.S. licensed satellite to Report and Order retains the definitions the political programming requirements comply with Section 335 public interest of ‘‘use’’ and ‘‘legally qualified of Sections 312(a)(7) and 315 of the Act rules. candidate’’ in current rules and policies. and adopt rules requiring the set aside 5. Application of the political The Commission will resolve issues of channels for noncommercial broadcasting provisions of Section involving DBS providers’ equal educational and informational 335(a). Section 335(a) of the Act states, opportunities obligations in the context programming. In addition, Section 25 among other things, that any regulations of particular cases. also directed the Commission to shall, at a minimum, impose the 9. Lowest Unit Charge. If advertising examine the opportunities for localism. political broadcast rules of Sections 312 is sold on DBS systems, legally qualified 2. On September 16, 1993 the United and 315 of the Act. candidates must be afforded the benefit States District Court for the District of 6. Access for Federal Candidates. of the lowest unit charge (LUC) during Columbia held that Section 25 of the Section 312(a)(7) of the Act requires the pre-election periods prescribed by 1992 Cable Act was unconstitutional.2 broadcasters to allow legally qualified Section 315 of the Act. Section 315(b) of On August 30, 1996, the United States candidates for federal office reasonable the Act and Section 73.1942 of the Court of Appeals for the District of access to their facilities. Access can be Commission’s rules provide that Columbia Circuit reversed the District provided on a free or paid basis. Since broadcasters may not charge any legally Court.3 In light of the interval between the passage of Section 312(a)(7), the qualified candidate more than the LUC the original Notice of Proposed Commission’s policy has generally been for advertising on the station during Rulemaking and the appellate court to defer to the reasonable, good faith certain periods preceding the election. decision, the Commission released a judgment of licensees as to what Although DBS providers do not Public Notice on January 31, 1997 constitutes ‘‘reasonable access’’ under currently have commercial rates on seeking to update and refresh the the circumstances present in a which to base a LUC determination, record.4 Following review of the particular case. Factors the Commission they can set a reasonable rate, based on comments provided, the Commission would consider in reviewing such a case consideration of marketplace factors released the Report and Order include the number of candidates such as what other media charge to summarized here. requesting time, the technical reach a similar audience if they sell time 3. Entities responsible for complying difficulties in satisfying the request, and to candidates pursuant to Sections 312 with DBS public interest obligations. the availability of reasonable or 315 of the Act or otherwise choose to The Commission will hold part 100 and alternatives. do so. DBS providers, like broadcasters part 25 DBS licensees ultimately 7. The Commission will monitor DBS and cable operators, must disclose to responsible for compliance with these providers’ performance in this area so candidates information about rates and rules. Licensees will, however, be able that it can modify the Commission’s discount privileges and give any to demonstrate compliance with the rules if necessary and as experience discount privileges to candidates. A public service obligations by relying on dictates. The Commission will require DBS provider may make time available certifications from distributors that DBS providers to maintain a file without charge on a nondiscriminatory expressly state that they have complied available to the public at the providers’ basis. with the public service obligations. headquarters containing requests for 10. Opportunities for Localism. Satellites licensed under Part 25, but political advertising time and Section 335(a) also requires the operating in the C-band, are not covered disposition of those requests. Where Commission ‘‘to examine the by these rules because the statute DBS providers carry the programming of opportunities that the establishment of specifies only Ku-band licensees. In the a terrestrial broadcast television station, direct broadcast satellite service case of Part 25 licensees, the it is the responsibility of the terrestrial provides for the principle of localism Commission has imposed a threshold broadcaster and not the DBS provider to under [the] Act, and the methods by for inclusion under the rules that satisfy the political broadcasting which such principle may be served requires an entity control at least requirements of Sections 312(a)(7). through technological and other enough programming channels so that 4 8. Equal Opportunities. In developments in, or regulation of, such percent of the total programming conformance with statutory mandate, service.’’ Although there have been channels available for video yields a set- the Commission will apply the equal significant technological developments aside of at least one noncommercial, opportunities provisions of Section in the DBS industry since the educational or informational 315(a) of the Act, Section 73.1940 of the Commission first developed rules for programming channel. Commission’s rules, and the policies DBS, and some DBS providers are 4. Application of public service delineated in prior Commission orders providing limited local service, no DBS obligations to foreign satellites entering to DBS providers. DBS providers will be provider has the technical capability to the U.S. Market. Section 25.137 of the required to ensure, by contractual provide local service to all markets in means or otherwise, that these rules are the country. If legal and technical issues 1 In the Matter of Implementation of Section 25 followed. If one legally qualified regarding localized programming are of the Cable Television Consumer Protection and candidate is afforded access to a DBS resolved, the Commission may consider Competition Act of 1992, Direct Broadcast Satellite system, all other candidates for the same Public Service Obligations, 8 FCC Rcd. 1589 (1993). use giving rise to the right of equal opportunities 2 Daniels Cablevision, Inc. v. United States, 835 office who make timely requests must 5 occurred). F. Supp. 1 (D.D.C. 1993). be afforded that same opportunity. To 6 See 47 CFR 73.1943 (requiring the licensee to 3 Time Warner Entertainment Co., L.P. v. FCC, 93 keep and permit public inspection of a complete F.3d 957 (D.C. Cir. 1996). 5 47 CFR 73.1941(c) (a request must be made record of all requests for broadcast time made and 4 Public Notice (No. 72078, rel. January 31, 1997). within one week of the day on which the first prior a notation showing the disposition, charges, etc.). Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5953 requiring DBS providers to offer some programming channels offered by a DBS other provisions of the Act in which amount of locally-oriented licensee on all its satellites can vary on those terms are defined such as Section programming. a weekly or even a daily basis. To 397 of the Act. 11. Public Interest or Other address these fluctuations, each DBS 18. Section 397(6) of the Act defines Obligations. The Report and Order does licensee will have to calculate on a a ‘‘noncommercial educational not impose upon the DBS industry quarterly basis the number of channels broadcast station’’ as a television or additional programming requirements. available for video programming on all radio broadcast station that (i) ‘‘is The Commission found that DBS is a its satellites. Each DBS licensee will eligible to be licensed by the relatively new entrant attempting to then use the average of these quarterly Commission as a noncommercial compete with an established, financially measurements during the year to educational radio or television stable cable industry. Although the DBS ascertain the total number of channels broadcast station and which is owned industry has grown significantly since for purposes of determining the number and operated by a public agency or 1992, it still claims just under eight of reserved channels. DBS providers nonprofit private foundation, million subscribers in contrast to cable’s will be required to record these corporation, or association,’’ or (ii) ‘‘is 64 million customers. Additional quarterly channel measurements and owned and operated by a municipality obligations on DBS providers might average calculations as well as their and which transmits only hinder the development of DBS as a response to any capacity changes in logs noncommercial programs for viable competitor to cable. The kept at their main offices and available educational purposes.’’ The Commission concluded that, although to the Commission and to the public. Commission found it appropriate to use Section 335(a) provides ample authority 15. Reservation Percentage. The the definition of noncommercial to impose other public interest Commission concluded that DBS educational television station and programming requirements upon DBS providers will be required to reserve public telecommunication entity used providers, it would not exercise its four percent of their channel capacity in the noncommercial broadcast context authority at this time. If it becomes exclusively for noncommercial and noted that Section 615(1) of the Act evident that there is a need, the educational and informational further defines such a station to include Commission will reconsider this programming. In the event that the four any television broadcast station that has conclusion. percent calculation creates any fraction as its licensee an entity eligible to 12. Carriage Obligations for of a channel, the DBS provider will receive a community service grant from Educational and Informational round the calculation upward.7 The the Corporation for Public Broadcasting. Programming. The 1992 Cable Act public interest programming provided 19. Section 397(12) of the Act defines requires the Commission to adopt rules for in this order must be made available ‘‘public telecommunications entity’’ as requiring DBS providers to make to all of a DBS provider’s subscribers any enterprise which (i) ‘‘is a public available channel capacity for without additional charge. broadcast station or a noncommercial programming of an educational or 16. Impact on Existing Programming telecommunications entity’’ and (ii) informational nature. The Commission Contracts. The Commission concluded ‘‘disseminates public concluded that discrete channels should that the reservation requirement applies telecommunications services to the be reserved to fulfill the noncommercial notwithstanding existing programming public.’’ A ‘‘noncommercial reservation requirements of Section contracts and DBS providers will have telecommunications entity’’ is defined 335(b) to assure continuity, to make available sufficient channel as ‘‘any enterprise which is owned and predictability and easier monitoring and capacity to fulfill the reservation operated by a state, a political or special enforcement. Requiring the set aside of requirement, regardless of existing purpose subdivision of a state, a public discrete channels will make it easier for programming contracts. agency, or a nonprofit private consumers to locate such programming 17. National Educational foundation, corporation or association, on one or more particular channels. Programming Supplier. Pursuant to and has been organized primarily for the 13. Determination of Total Channel Section 335(b)(3), DBS providers must purpose of disseminating audio or video Capacity. For the purpose of applying make the reserved channels available to noncommercial educational and Section 335(b), channel capacity should ‘‘national educational programming cultural programs to the public by be based on the total channel capacity suppliers’’ upon certain terms. Section means other than a primary television or that is being, or could be, used to 335(b)(5)(B) provides that the term radio broadcast station.’’ 8 These entities provide video programming. Barker and national educational programming are required to disseminate ‘‘public other informational guide channels will supplier ‘‘includes any qualified telecommunications services,’’ which be included as available channels for noncommercial educational television are defined as noncommercial determining the required set aside, as station, other public educational and cultural radio and they are video channels supplied to the telecommunications entities, and public television programs, and related customers. In addition, unused channels or private educational institutions.’’ noncommercial instructional or that could be used to provide DBS Neither this section of the statute nor informational material.9 service will be included in the set aside the legislative history define 20. Section 397 of the Act does not calculation. Channels used for audio or ‘‘noncommercial educational broadcast define the term ‘‘public or private other non-video services will not be station,’’ ‘‘public broadcasting entity’’ or educational institutions.’’ The included. ‘‘public telecommunications entity.’’ In Commission looked elsewhere for 14. Because advances in digital the absence of any other Congressional guidance in defining that term including compression technology will continue guidance the Commission looked to incorporating the eligibility criteria to expand the number of programming established by the rules for instructional channels that can be offered to 7 For example, if a DBS provider supplies 120 customers in a given amount of video channels to customers, the provider will have 8 47 U.S.C. 397(7). The means of dissemination spectrum and the number of available to reserve initially five channels for noncommercial include, but are not limited to, coaxial cable, optical programming of an educational or informational fiber, broadcast translators, cassettes, discs, channels will change depending on the nature. Four percent of 120 channels amounts to 4.8 microwave, or laser transmission through the complexity of the type of programming channels. Under the rule this figure would be atmosphere. transmitted, the total number of rounded up to 5 channels. 9 47 U.S.C. 397(14). 5954 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations television fixed stations (‘‘ITFS’’) meaning of Section 335 and that the consider[ing] the content of such contained in Section 74.932 of the venture’s mission is educational. programming.’’ The Commission found Commission’s rules because the types of 24. Definition of the Term ‘‘National’’. that omission of this last clause from the services provided by educational The Commission interpreted the term DBS provision suggests that DBS institutions and ITFS are analogous.10 ‘‘national’’ broadly so as to include providers are not necessarily barred Section 74.932(a) provides that a license local, regional, or national domestic from considering certain factors relating for an ITFS will be issued only to an nonprofit entities that qualify under the to programming in selecting accredited institution or to a definitions listed above and produce programmers, but are prohibited from governmental organization engaged in noncommercial programming designed exercising control over such the formal education of enrolled for a national audience. The programming. Thus, DBS providers students or to a nonprofit organization Commission also found that the might consider a variety of factors in whose purposes are educational and definition should include international deciding which programmers to select, include providing educational and nonprofit programmers that satisfy the including the broad genres of instructional television material to such terms of the definitions in Section 397 programming they plan to provide (e.g., accredited institutions and of the Act and the Commission’s ITFS cultural, documentary, children’s governmental organizations. The rules. educational), the programmers’ Commission adopted the ITFS criteria 25. Noncommercial Programming of experience, reliability, and reputation in interpreting ‘‘public and private an Educational or Informational Nature. for quality programming, and the educational institutions.’’ Section 335(b)(1) requires that the quality of programming they may have 21. Additional Entities. The reserved channels be used ‘‘exclusively produced in the past. They may not, Commission determined that the list of for noncommercial programming of an however, require the programmers they educational or informational nature.’’ entities in Section 335(b)(5)(B) was not select to include particular series or The Commission concluded that the intended to be an exclusive list of programs on their channels as a rules need not elaborate on the term entities that can qualify as national condition of carriage. If in the future, it ‘‘educational and informational’’ educational programming suppliers but appears that DBS operators seek to use programming and that a DBS provider a nonexclusive list that may be enlarged the selection process as a means of can comply with the reservation upon. Although the Commission did not improperly influencing programming requirement by affording access to interpret Section 335(b)(5)(B) as an provided on the reserved channels, the programming supplied by specific exclusive list of eligible program Commission will take appropriate categories of noncommercial entities. suppliers, the Commission found that action. The Commission will reconsider this 28. The Report and Order does not Congress intended to limit eligibility to conclusion, however, if it appears that prohibit the operators from electing to entities that share the same essential more specific guidance on the definition use a consortium or clearinghouse of characteristics as those listed. of this term is necessary. educators and public interest specialists 22. The Report and Order states that the 26. Implementation of Section term ‘‘national educational programming to choose among qualifying programs supplier’’ in Section 335(b)(5)(B) includes 335(b)(3); Editorial Control. Section that would be aired on the set-aside only noncommercial entities with an 335(b)(3) requires DBS providers to capacity. With regard to qualifications, educational mission. The term should not be make channel capacity available to the Report and Order recognizes that interpreted as including ‘‘commercial’’ national educational programming someone must make the determination entities organized for profit-making purposes. suppliers but prohibits the DBS that programmers who wish to use the The Commission found that the eligibility of provider from exercising any editorial reserved channels are eligible under the a programming supplier under the statute control over any video programming statute to do so and that the should depend on its noncommercial provided on the reserved channels. The programming carried on the reserved character, not merely whether its Commission concluded that the best programming contains commercials. channels qualifies under the statute as reading of the editorial control language noncommercial programming of an 23. The Commission also found that is that it prohibits DBS providers from educational or informational nature. the tax code definition of non-profit will controlling the selection of, or in any The Commission found that DBS apply to qualify an entity as an eligible way editing or censoring, individual providers should be responsible for national educational programming programs that will be carried on the 11 ensuring that the obligations imposed supplier. Thus, an entity with an reserved channels. The Report and by the statute are fulfilled. In order to educational mission that is organized Order does not, however, prohibit DBS avoid undue intrusion into the under the tax code as a nonprofit operators from selecting among national programming decisions of qualified corporation will be eligible as a national educational programming suppliers so programmers, however, the Commission educational programming supplier. An long as the DBS provider does not refuse does not believe that it would be entity that is not organized as a to make unused reserved capacity appropriate for DBS providers to pre- nonprofit corporation may also qualify available to qualified suppliers. Nor screen all programming carried on the if it shows to the Commission’s does it prohibit DBS providers from reserved channels. Rather, if an abuse of satisfaction that it is organized for a refusing to carry non-qualifying the reserved channels by a particular noncommercial purpose and has an programming or ineligible programmers. programmer comes to the DBS educational mission. The Report and 27. The Commission rejected provider’s attention, it can then take Order permits joint ventures as long as arguments that the interpretation of action to ensure that only qualified participants demonstrate that the joint Section 335 is constrained by similar programs are carried on the reserved venture is noncommercial within the language in the cable leased access channels by that programmer in the provision. Section 335 only prohibits future. 10 47 CFR 74.932(a). ITFS are intended primarily DBS providers from exercising 29. DBS providers may not alter or to provide formal educational or cultural ‘‘editorial control over programming,’’ censor the content of the programming development to students enrolled in accredited public or private institutions or colleges or while the cable leased access provision, or otherwise exercise any control over universities. Section 612, also prohibits cable the programming. To aid in monitoring 11 26 U.S.C. 501(c)(3). operators from ‘‘in any other way and enforcing the obligations of DBS Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5955 providers, we will require them to America v. WDAY, 13 as immunizing the that costs that can be specifically maintain files available for public DBS providers from liability under state allocated to noncommercial inspection concerning use of the and local laws as a result of the content programmers are those that are directly reserved capacity. These files should of the programming. Section 335(b) related to making the capacity available identify the entities that request access, prohibits DBS providers from exercising to noncommercial programmers. These the entities to whom noncommercial ‘‘any editorial control’’ over include, incremental labor required for capacity is being provided, the amount noncommercial programming using the traffic management at the uplink of capacity being provided to each set-aside capacity, and thus implicitly facility, incremental compression entity, the conditions under which it is grants them immunity from liability equipment, incremental labor required being provided and the rates, if any, under state and local law for to authorize viewers to receive being paid by the entity, and, when distributing such programming. By the particular programming, and any access is denied, a brief description of same token, the Commission will backhaul costs actually incurred by the the reason or reasons why access was enforce any requirements imposed by DBS provider in order to transmit the denied. the Act or our rules, other than these noncommercial educational or 30. Non-commercial channel public interest obligations, against the informational programming. If a DBS limitation. In order to ensure that access programmers who supply such provider has an authorization center or to non-commercial channels is not programming, rather than the DBS procedure used solely for the provision dominated by a few national providers who carry it under Section of noncommercial channels, such costs educational program suppliers, the 335. may be allocated to noncommercial Report and Order limits to one the 33. Applicability of Political programmers as well. number of channels that can be initially Broadcasting Rules to the 37. With regard to rates that are allocated to a single qualified program Noncommercial Set Aside Capacity. The appropriate for the set aside channels provider on each DBS system. The statutory language makes clear that under Section 335(b), the statute gives Commission found this will make a noncommercial programming suppliers certain guidelines for the Commission to greater variety of educational and are not considered DBS providers for apply. First, Section 335(b)(4) says the informational programs available to the purpose of either Section 335(a) or Commission should take into account U.S. viewing public and will provide an Section 335(b) and are not subject to the nonprofit character of the opportunity for carriage of programming those requirements. programmer and any federal funds used 34. Refusal to Carry Programming that might not otherwise be shown. to support programming. Second, the Supplier. Section 335 does not appear to 31. In order to ensure that a particular statute provides that the Commission allow DBS operators to refuse to carry programmer will be allowed access to shall not allow rates to exceed 50 any particular program. This does not, only one channel, the Commission will percent of the direct costs, which we however, mean that a DBS provider is have discussed above. require that individual programmers be prevented from making an initial 38. The Commission thinks that it separate entities. If two national threshold determination as to whether a should not be involved in setting rates educational programming suppliers are programmer is qualified for carriage or for noncommercial programmers directly or indirectly under common whether the programming proposed is because the Commission does not set control or ownership, the will be treated noncommercial, educational, or rates for satellite capacity in any other as one entity for purposes of obtaining informational. The Commission found context. The Commission will address access to the reserved channels. In this approach consistent with judicial any disputes with respect to rates in the applying this provision, the interpretation of the editorial control context of a complaint proceeding. Commission will define cognizable prohibition for public, educational, and Because the statute does not give the ownership and other interests according governmental set-aside channels Commission any basis upon which to to the Commission’s broadcast provided by cable operators. In differentiate among noncommercial 12 attribution rules. Those rules seek to addition, a DBS provider can set educational and informational identify those interests in, or technical quality standards for programming based on the availability relationships with, an entity that confer programming carried on its satellite of outside financing, the Commission on their holders a degree of influence or system and these standards can be concluded that the 50 percent cap control such that the holders have a applied to programming on the set-aside applies to all qualified programmers and realistic potential to affect the channels. not just those who receive no outside programming decisions of the entity or 35. Unused Channel Capacity. funding for their programs. other core operating functions. If, after Section 335(b)(2) of the 39. Effective Date. The Commission all qualified entities that have sought Communications Act permits a DBS concluded that a long phase-in period is access have been offered access on at provider to utilize for any purpose any unnecessary. The Commission least one channel, a provider may unused channel capacity required to be recognized, however, that DBS allocate an additional channel to a reserved under this subsection pending providers and programmers need some qualified programmer without having to the actual use of such channel capacity amount of time in which to solidify make additional efforts to secure other for noncommercial programming of an plans and execute contracts. The qualified programmers. educational or informational nature. A Commission will require each DBS 32. Liability for Violations. Because DBS provider will however, be required provider make available the channel Section 335 prohibits DBS providers to vacate reserved capacity, regardless of capacity for educational and from exercising any editorial control contractual obligations, within a informational programming of a over programming utilizing the reserved reasonable time after a qualified noncommercial nature as soon as the channels, the Commission interpreted programmer’s request for access has rules become effective. DBS providers the statute in accordance with the been received. must open a window at that time to Supreme Court’s holding in Farmers 36. Reasonable Prices, Terms, and allow interested programming suppliers Educational and Cooperative Union of Conditions. The Commission concluded to enter into discussions with the DBS providers regarding program carriage. 12 47 CFR 73.3555 note 1 & 2. 13 360 US 525 (1959) (Farmers Union). Programming intended to fulfill the 5956 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations provisions of this section must be made a collection of information subject to the For purposes of this rule, DBS providers available to the public no later than six Paperwork Reduction Act (PRA) that are any of the following: months after these rules are effective. does not display a valid control number. (1) Entities licensed pursuant to 47 Until the four percent of capacity is Comments are requested concerning (a) CFR part 100; or filled with qualified programming, DBS whether the proposed collection of (2) Entities licensed pursuant to part providers may not assert that capacity is information is necessary for the proper 25 of this chapter that operate satellites unavailable if there are qualified entities performance of the functions of the in the Ku-band fixed satellite service seeking carriage who are ready to meet Commission, including whether the and that sell or lease capacity to a video the prices, terms and conditions information shall have practical utility; programming distributor that offers established by the DBS provider. (b) the accuracy of the Commission’s service directly to consumers providing a sufficient number of channels so that Ordering Clauses burden estimate; (c) ways to enhance the quality, utility, and clarify of the four percent of the total applicable 40. Accordingly, it is ordered that Part information collected; and (d) ways to programming channels yields a set-aside 100 of the Commission’s rules is hereby minimize the burden of the collection of of at least one channel of non- amended as set out. information on the respondents, commercial programming pursuant to 41. It is further ordered that the including the use of automated paragraph (c) of this section, or Commission’s Office of Managing collection techniques or other forms of (3) Non-U.S. licensed satellite Director shall send a copy of this Report information technology. operators in the Ku-band that offer and Order, including the Final OMB Approval Number: New. video programming directly to Regulatory Flexibility Analysis, to the Title: Implementation of Section 25 of consumers in the United States Chief Counsel for Advocacy of the Small the Cable Television Consumer pursuant to an earth station license Business Administration. Protection and Competition Act of 1992, issued under part 25 of this title and 42. It is further ordered that the Direct Broadcast Satellite Public Interest that offer in a sufficient number of amendments to part 100 of the Obligations. channels to consumers so that four Commission’s rules, 47 CFR part 100, Form No.: NA. percent of the total applicable and the Commission’s policies, rules Type of Collection: New Collection. programming channels yields a set-aside and requirements established in this Respondents: Business or other for- of one channel of non-commercial Report and Order shall take effect 60 profit. programming pursuant to paragraph (c) days after publication of the Number of Respondents: 8. of this section, amendments in the Federal Register, or Estimated Time for Response: 12 (b) Political broadcasting in accordance with the requirements of hours. requirements—(1) Reasonable access. 5 U.S.C. 801(a)(3) and 44 U.S.C. 3507, Total Annual Burden: 96 hours. DBS providers must comply with whichever occurs later. The Needs and Uses: The information will § 312(a)(7) of the Communications Act Commission will publish a notice be used by the Federal Communications of 1934, as amended, by allowing announcing the effective date of this Commission (FCC) and interested reasonable access to, or permitting Report and Order. members of the public to monitor DBS purchase of reasonable amounts of time 43. It is further ordered that the providers’ compliance with public for, the use of their facilities by a legally Commission shall send a copy of this interest obligations. Without such qualified candidate for federal elective Report and Order, including the Final information, the FCC could not office on behalf of his or her candidacy. Regulatory Flexibility Analysis, to the determine whether DBS providers have (2) Use of facilities. DBS providers Chief Counsel for Advocacy of the Small complied with their obligations. must comply with § 315 of the Business Administration. Communications Act of 1934, as 44. This Report and Order is issued List of Subjects in 47 CFR Part 100 amended, by providing equal under § 0.261 of the Commission’s rules, Satellite. opportunities to legally qualified 47 CFR 0.261 (1996). Petitions for Federal Communications Commission. candidates. (c) Carriage obligation for reconsideration under § 1.429 of the Magalie Roman Salas, Commission’s rules, 47 CFR 1.429 noncommercial programming—(1) Secretary. (1996), or applications for review under Reservation requirement. DBS providers Section 1.115 of the Commission’s rules, Rule Changes shall reserve four percent of their 47 CFR 1.115 (1996), may be filed For the reasons discussed in the channel capacity exclusively for use by within 30 days of the date of this Report preamble, the Federal Communications qualified programmers for and Order in the Federal Register (See Commission amends 47 CFR part 100 as noncommercial programming of an 47 CFR 1.4(b)(1)). follows: educational or informational nature. Channel capacity shall be determined Paperwork Reduction Act PART 100ÐDIRECT BROADCAST annually by calculating, based on The Federal Communications SATELLITE SERVICE measurements taken on a quarterly Commission, as part of its continuing basis, the average number of channels effort to reduce paperwork burden 1. The authority citation for part 100 available for video programming on all invites the general public and other is amended to read as follows: satellites licensed to the provider during Federal agencies to take this Authority: 47 U.S.C. 154, 303, 335, 309 and the previous year. DBS providers may opportunity to comment on the 554. use this reserved capacity for any following information collection, as 2. Add § 100.5 to read as follows: purpose until such time as it is used for required by the Paperwork Reduction noncommercial educational or Act of 1995, Public Law 104–13. An Subpart AÐGeneral Information informational programming. agency may not conduct or sponsor a (2) Qualified programmer. For collection of information unless it § 100.5 Public interest obligations. purposes of these rules, a qualified displays a currently valid control (a) DBS providers are subject to the programmer is: number. No person shall be subject to public interest obligations set forth in (i) A noncommercial educational any penalty for failing to comply with paragraphs (b) and (c) of this section. broadcast station as defined in § 397(6) Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5957 of the Communications Act of 1934, as from negotiating rates with qualified prudency finding for designating critical amended, programmers that are less than 50 habitat for the coastal California (ii) A public telecommunications percent of direct costs or from paying gnatcatcher (Polioptila californica entity as defined in § 397(12) of the qualified programmers for the use of californica). We listed the coastal Communications Act of 1934, as their programming. California gnatcatcher as a threatened amended, (iv) DBS providers shall reserve species under the Endangered Species (iii) An accredited nonprofit discrete channels and offer these to Act of 1973, as amended (Act) on March educational institution or a qualifying programmers at consistent 30, 1993. At that time, we determined governmental organization engaged in times to fulfill the reservation that designation of critical habitat was the formal education of enrolled requirement described in these rules. not prudent because designation would students (A publicly supported (6) Public file. (i) Each DBS provider not benefit the coastal California educational institution must be shall keep and permit public inspection gnatcatcher and would increase the accredited by the appropriate state of a complete and orderly record of: degree of threat to the species. On May department of education; a privately (A) Quarterly measurements of 21, 1997, the United States Court of controlled educational institution must channel capacity and yearly average Appeals for the Ninth Circuit issued an be accredited by the appropriate state calculations on which it bases its four opinion that required us to issue a new department of education or the percent reservation, as well as its decision regarding the prudency of recognized regional and national response to any capacity changes; designating critical habitat for the accrediting organizations.), or (B) A record of entities to whom coastal California gnatcatcher. This (iv) A nonprofit organization whose noncommercial capacity is being notice of determination responds to that purposes are educational and include provided, the amount of capacity being court order. providing educational and instructional provided to each entity, the conditions DATES: We made the finding announced television material to such accredited under which it is being provided and in this document on January 21, 1999. institutions and governmental the rates, if any, being paid by the ADDRESSES: The complete file for this organizations. entity; prudency reconsideration is available (C) A record of entities that have (v) Other noncommercial entities with for inspection, by appointment, during requested capacity, disposition of those an educational mission. normal business hours at the U.S. Fish (3) Editorial control. requests and reasons for the disposition; and Wildlife Service, Carlsbad Fish and (i) A DBS operator will be required to and Wildlife Office, 2730 Loker Avenue make capacity available only to (D) A record of all requests for West, Carlsbad, California 92008. qualified programmers and may select political advertising time and the among such programmers when demand disposition of those requests. FOR FURTHER INFORMATION CONTACT: Ken exceeds the capacity of their reserved (ii) All records required by this S. Berg, Field Supervisor, at the above channels. paragraph shall be placed in a file address (telephone: 760/431–9440; (ii) A DBS operator may not require available to the public as soon as facsimile 760/431–9624). the programmers it selects to include possible and shall be retained for a SUPPLEMENTARY INFORMATION: particular programming on its channels. period of two years. Background (iii) A DBS operator may not alter or (7) Effective date. DBS providers are censor the content of the programming required to make channel capacity We listed the coastal California provided by the qualified programmer available pursuant to paragraph (c) of gnatcatcher (Polioptila californica using the channels reserved pursuant to this section upon the effective date. californica) (gnatcatcher) as a threatened this section. Programming provided pursuant to this species under the Endangered Species (4) Non-commercial channel rule must be available to the public no Act of 1973, as amended (Act) (16 limitation. A DBS operator cannot later than six months after the effective U.S.C. 1531 et seq.) on March 30, 1993 initially select a qualified programmer date. (58 FR 16742). This small, insectivorous songbird typically occurs in several to fill more than one of its reserved * * * * * * channels except that, after all qualified distinctive subassociations of the coastal [FR Doc. 99–1346 Filed 2–5–99; 8:45 am] entities that have sought access have sage scrub plant community. Coastal been offered access on at least one BILLING CODE 6712±01±P sage scrub vegetation is composed of channel, a provider may allocate relatively low-growing, dry-season additional channels to qualified deciduous, and succulent plants. programmers without having to make DEPARTMENT OF THE INTERIOR Characteristic plants of this community include coastal sagebrush (Artemisia additional efforts to secure other Fish and Wildlife Service qualified programmers. californica), various species of sage (5) Rates, terms and conditions. (i) In 50 CFR Part 17 (Salvia spp.), California buckwheat making the required reserved capacity (Eriogonum fasciculatum), available, DBS providers cannot charge RIN 1018±AC88 lemonadeberry (Rhus integrifolia), rates that exceed costs that are directly California encelia (Encelia californica), Endangered and Threatened Wildlife related to making the capacity available prickly pear and cholla cactus (Opuntia and Plants; Determination of Whether to qualified programmers. Direct costs spp.), and various species of Designation of Critical Habitat for the include only the cost of transmitting the Haplopappus. The gnatcatcher exhibits Coastal California Gnatcatcher is signal to the uplink facility and a strong affinity to coastal sage scrub Prudent uplinking the signal to the satellite. vegetation dominated by coastal (ii) Rates for capacity reserved under AGENCY: Fish and Wildlife Service, sagebrush, although in some portions of paragraph (c)(1) of this section shall not Interior. its range (e.g., western Riverside exceed 50 percent of the direct costs as ACTION: Notice of determination. County) other plant species may be defined in this section. more abundant. The species occurs (iii) Nothing in this section shall be SUMMARY: We, the U.S. Fish and below about 912 meters (m) (3,000 feet construed to prohibit DBS providers Wildlife Service, have reconsidered our (ft)) in elevation. The species remains 5958 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations threatened by habitat loss and Federal land. Section 7(a)(2) of the Act land-use activities within critical habitat fragmentation resulting from urban and requires Federal agencies, in was inconsistent with Congressional agricultural development, and the consultation with us, to ensure that any intent that the imprudence exception to synergistic effects of cowbird parasitism action they carry out, fund, or authorize designation should apply ‘‘only in rare and predation (58 FR 16742). does not jeopardize the continued circumstances.’’ The Court noted that a The precarious status of the existence of a federally listed species or substantial portion of gnatcatcher gnatcatcher and the importance of result in the destruction or adverse habitat would be subject to a future habitat protection are well known to the modification of designated critical nexus sufficient to trigger section 7 general public and to land planning habitat. This requirement of Federal consultation requirements regarding agencies. We are working with Federal, agencies is the only mandatory legal critical habitat. Third, the Court State, and local agencies and private consequence of a critical habitat determined that our conclusion that landowners throughout the historic designation. We refer to areas where a designation of critical habitat would be range of the gnatcatcher to implement or Federal agency may be involved as less beneficial to the species than develop conservation plans for this having a ‘‘Federal nexus.’’ species and the large array of other Regulations in 50 CFR part 402 define another type of protection (i.e., State of listed or sensitive species also found in ‘‘jeopardize the continued existence of’’ California Natural Community its coastal sage scrub habitats. and ‘‘destruction or adverse Conservation Planning efforts) did not modification of’’ in similar terms. To absolve us from the requirement to Critical Habitat jeopardize the continued existence of a designate critical habitat. The Court was Critical habitat is defined in section 3 species means to engage in an action also critical of our lack of specificity in of the Act as—(i) the specific areas ‘‘that reasonably would be expected to our analysis. within the geographical area occupied reduce appreciably the likelihood of Prudency Redetermination Process by a species, at the time it is listed in both the survival and recovery of a accordance with the Act, on which are listed species.’’ Destruction or adverse We have reevaluated our previous not found those physical or biological modification of habitat means an prudent finding regarding critical features (I) essential to the conservation ‘‘alteration that appreciably diminishes habitat designation for the gnatcatcher of the species and (II) that may require the value of critical habitat for both the as instructed by the Court. Initially, we special management considerations or survival and recovery of a listed inventoried all lands within the known protection; and, (ii) specific areas species.’’ Common to both definitions is range of the gnatcatcher containing outside the geographical area occupied an appreciable detrimental effect on by a species at the time it was listed, coastal sage scrub habitats. These lands both the survival and recovery of a included coastal and inland areas—(1) upon a determination that such areas listed species. Thus, actions that would that may support sage scrub or similar are essential for the conservation of the adversely modify critical habitat habitat within San Diego, Orange, Los species. ‘‘Conservation’’ means the use generally also jeopardize the continued of all methods and procedures needed existence of the species. Angeles, Riverside, San Bernardino, and to bring the species to the point at At the time of the listing, we Ventura counties, California, and (2) which listing under the Act is no longer concluded that designation of critical that are below 912 m (3,000 ft) in necessary. habitat for the gnatcatcher was not elevation (the approximate maximum Section 4(a)(3) of the Act, as prudent because such designation elevation occupied by gnatcatchers). amended, and its implementing would not benefit the species and Once we defined the study area, we regulations (50 CFR 424.12) require that, would make the species more categorized lands by ownership within to the maximum extent prudent and vulnerable to activities prohibited under each County using Geographic determinable, the Secretary designate section 9 of the Act. We were aware of Information System (GIS) theme critical habitat at the time a species is several instances of apparently coverages, and estimated approximate determined to be endangered or intentional habitat destruction that had acreages for each category. We used threatened. According to our regulations occurred during the listing process. In Federal and non-Federal (i.e., Tribal, (50 CFR 424.12(a)(1)), designation of addition, most land occupied by the local/State jurisdiction, and private) critical habitat is not prudent when one gnatcatcher was in private ownership land ownership categories for the or both of the following situations and a designation of critical habitat was purposes of this prudency exist—(1) The species is threatened by not believed to be of benefit because of determination. We also considered the taking or other human activity, and a lack of a Federal nexus. likelihood of a Federal nexus through identification of critical habitat can be On May 21, 1997, the United States land ownership, project funding or expected to increase the degree of threat Court of Appeals for the Ninth Circuit activity jurisdiction (Table 1). to the species, or (2) such designation of (Court), issued an opinion (No. 95– critical habitat would not be beneficial 56075; D.C. No. CV–93–999–LHM) that We considered all Federal and Tribal to the species. required us to issue a new decision trust lands to have a Federal nexus. In general, critical habitat designation regarding the prudency of determining Because of its Tribal trust contributes to species conservation critical habitat for the gnatcatcher. In responsibilities, the Bureau of Indian primarily by highlighting habitat areas this opinion, the Court held that the Affairs (BIA) represents the Federal in need of special management ‘‘increased threat’’ criterion in the nexus on Tribal trust lands; the BIA considerations or protection, and by regulations may justify a not prudent does not represent a Federal nexus on describing the features within those finding only when we have weighed the Tribal fee-owned land. We evaluated areas that are essential to the benefits of designation against the risks State, local government, and private conservation of the species. Critical of designation. Secondly, with respect lands that contain gnatcatcher habitat habitat designation may provide to the ‘‘not beneficial’’ criterion explicit for a potential Federal nexus. We expect additional protection under section 7 of in the regulations, the Court ruled that some projects on State, local the Act with regard to activities that are our conclusion that designation of government, or private lands in Orange, funded, authorized, or carried out by a critical habitat was not prudent because San Diego and Ventura counties to have Federal agency on either Federal or non- it would fail to control the majority of a Federal nexus. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5959

Table 1.ÐGeographic Distribution, Ownership, and Size of Areas Evaluated in the Critical Habitat Prudency Redetermination for the Coastal California Gnatcatcher

Gnatcatcher habitat with a Federal nexus Total area within Gnatcatcher habitat Gnatcatcher habitat where critical habitat Land ownership and county gnatcatcher study area (a) with federal nexus hectares (acres) (b) is determined to be hectares (acres) hectares (acres) prudent hectares (acres)

Federal: Los Angeles ...... 186,004(459,625) 11,470(28,343) 11,470(28,343) 11,470(28,343) Orange ...... 26,948(66,590) 991(2,448) 991(2,448) 991(2,448) Riverside ...... 88,072(217,631) 5,616(13,877) 5,616(13,877) 5,616(13,877) San Bernardino ...... 22,890(56,562) 1,256(3,104) 1,256(3,104) 1,256(3,104) San Diego ...... 178,285(440,550) 24,650(60,911) 24,650(60,911) 24,650(60,911) Ventura ...... 77,287(190,980) 4,381(10,825) 4,381(10,825) 4,381(10,825)

Total Federal ...... 579,486(1,431,938) 48,364(119,508) 48,364(119,508) 48,364(119,508) Non-Federal: Los Angeles ...... 466,149(1,151,873) 53,058(131,108) 54(133) 0 Orange ...... 178,040(439,944) 23,572(58,247) (d)8,428(20,826) 473(1,169) Riverside ...... 380,789(940,946) 62,248(153,817) (d)750(1,854) 83(205) San Bernardino ...... 128,953(318,649) 15,697(38,789) (c)0 0 San Diego ...... 510,191(1,260,706) 673,684(167,250) (d)32,627(80,622) 1,095(2,706) Ventura ...... 221,167(546,514) 79,070(195,385) (d)243(600) 243(600)

Total Non-Federal ...... 1,885,289(4,658,632) 301,328(744,596) 42,102(104,035) 1,894(4,680)

Grand Totals ...... 2,464,775(6,090,570) 349,691(864,104) 90,465(223,543) 50,257(124,188) (a)Total amount of coastal sage scrub habitats within designated category. (b)Extent of habitat where a Federal nexus exists. (c)There are no known proposed projects or likely future activities with an established Federal nexus on lands within category. (d)See text for individual Federal project action areas contributing to totals; action areas in these categories may include small amounts of State and local lands.

Of the approximately 2,464,775 outweigh the benefits of such required to designate critical habitat are hectares (ha) (6,090,570 acres (ac)) of designation. not a part of the prudency land within the study area, 77 percent The potential threats associated with determination ordered by the Court, is non-Federal land and 23 percent is designation include an increased and, for the most part, have been Federal (Table 1). The GIS-based likelihood of intentional acts of deferred consistent with the current analysis of the study area landscape vandalism due to widespread public listing priority guidance published on further revealed that only about 349,691 misunderstanding of critical habitat. May 8, 1998 (63 FR 10931). The benefits of designating critical ha (864,104 ac) or 14 percent of these Prudency Finding lands support sage scrub habitat, with habitat include the section 7 the majority of the habitat occurring on consultation benefit and the benefit of The only regulatory impact of a privately or federally owned lands highlighting areas needing special critical habitat designation is through (Table 1). This estimate of habitat management considerations or the consultation provisions of section 7. availability is more precise than our protections. We describe several Section 7 applies only to activities previous efforts and may differ with instances of vandalism and intentional having a Federal nexus, not to activities some published estimates. destruction of endangered species that are exclusively State or private. habitat in the ‘‘Prudency Finding’’ Thus, the existence or lack of a Federal We followed existing statutes and section of this notice. nexus is a key consideration in regulations, the Court order, and our In addition to determining whether determining whether designating policy, to identify those lands for which designation of an area as critical habitat critical habitat is prudent. A Federal a designation of critical habitat might be is prudent, we must also evaluate, in nexus exists when a Federal agency prudent. In general, we carried out the accordance with section 3(5)(A) of the carries out, funds, or authorizes an analytical steps for determining Act, whether the area is essential to the activity or project on Federal or non- prudency sequentially—(1) we conservation of the species and whether Federal lands. As we previously stated, determined whether Federal lands were the area may require special the designation of non-Federal lands involved, (2) if lands were non-Federal, management considerations or that lack a Federal nexus may not be we determined whether a Federal nexus protection before designating the area as prudent because the limited benefit may existed, (3) we determined whether any critical habitat. Section 4(b)(2) of the be outweighed by the threat of threats associated with designation as Act requires us to evaluate economic destruction of these areas. On the other critical habitat of Federal lands and and other impacts, and exclude any area hand, the designation of non-Federal those non-Federal lands having a from the designation if the benefits of lands where a Federal nexus exists or Federal nexus outweigh the benefits of excluding the area outweigh the benefits may exist in the future could prove to such designation, and (4) we of including the area. However, we can be beneficial to the species. However, determined whether any threats not exclude an area if the exclusion even for non-Federal lands where there associated with designation of non- would result in the extinction of the may be a future Federal nexus, we must Federal lands that lack a Federal nexus species. These additional evaluations weigh the benefits of designation as 5960 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations critical habitat against any threat authorization or funding of, or about 8 ha (20 ac); State Route 78 associated with designation. We discuss participation in, a project or activity. In Project contains about 0.25 ha (0.65 ac) our prudency findings, arranged by land such cases, a Federal action agency is of habitat; and State Route 76 Project ownership, below. required to consult with us under contains about 7 ha (17 ac). The Tribal Lands. Tribal lands include section 7(a)(2) of the Act if the proposed Moorpark Specific Plan ι2/Highway 118 Tribal fee-owned and Tribal trust lands. activity or project may affect a listed Extension Project, which is a Ventura Tribal fee-owned lands are treated as species or any designated critical County project under the jurisdiction of private lands and thus have no inherent habitat. the FHWA, contains 243 ha (600 ac) of Federal nexus. However, activities on Several types of activities on non- coastal sage scrub habitat. We conclude such lands are subject to section 7 Federal lands supporting sage scrub that designation of critical habitat in consultation if a Federal action is habitat could potentially involve a these areas is prudent. involved. Tribal trust lands have a Federal nexus. We have evaluated all • The Fish and Wildlife Service Federal nexus in light of the trust habitat within the range of the conducts internal section 7 responsibility of the BIA. However, gnatcatcher and all types of projects for consultations when our actions may given the extremely small proportion of a potential Federal nexus. For each affect a listed species. Our activities on coastal sage scrub habitat on Tribal Federal agency, we describe below the non-Federal lands include issuance of lands (2 percent of the 349,691 ha agency’s potential involvement in permits for incidental take of listed (864,104 ac) of total existing habitat) activities on non-Federal lands and species under section 10 of the Act. (Table 1), and because no significant identify those areas for which Because the decision to apply for an gnatcatcher populations are known to designation of critical habitat is incidental take permit, thereby creating occur on Tribal lands, we conclude that prudent. a Federal nexus for consultation, rests such lands are not essential to the • The BIA may provide funding, solely with the potential non-Federal conservation of the species and do not logistical support, and technical permit applicant, we do not consider meet the definition of critical habitat. assistance to Indian Tribes for activities the section 10 permit process as Federal Lands. Federal lands are that may involve Tribal fee-owned providing a reliable future Federal generally those administered by the lands. In some cases these actions nexus for activities on non-Federal Department of Defense (DOD) (including require the BIA to consult with us lands. the Army Corps of Engineers (COE), pursuant to section 7 of the Act. • The COE and the Environmental Department of Navy, Marine Corps, and However, for the reasons stated above in Protection Agency (EPA) administer the Air Force), Bureau of Land Management the discussion under ‘‘Tribal Lands,’’ Clean Water Act Section 404 permit (BLM), Federal Aviation Administration we conclude that Tribal fee-owned program. Under Section 404 of the (FAA), Forest Service, National Park lands, as well as Tribal trust lands, are Clean Water Act, a Department of the Service, Fish and Wildlife Service, and not essential to the conservation of the Army permit is required for projects on Bureau of Reclamation. For species and do not meet the definition non-Federal and Federal lands convenience, we included Tribal trust of critical habitat. involving a discharge of dredged or fill lands in the Federal lands category in • The Federal Highway material into waters of the United Table 1 due to the inherent BIA nexus; Administration (FHWA) provides States, including wetlands. The COE however, for the reasons stated above in funding for transportation projects and and EPA do not generally have the discussion under ‘‘Tribal Lands,’’ approves linkages with the Federal jurisdiction over upland areas where we conclude that Tribal trust lands are highway system. These activities require gnatcatchers are found unless upland not essential to the conservation of the section 7 consultation. Two regional development is dependent upon an species and do not meet the definition transportation plans identify potential activity requiring a Section 404 permit. of critical habitat. Approximately transportation alignments and For this reason, Section 404 of the Clean 579,486 ha (1,431,938 ac) of land within alternatives with potential FHWA Water Act would not ordinarily provide the study area are in this Federal land involvement in southern California. The a Federal nexus for activities on non- category. Of this total, an estimated 1998 Regional Transportation Plan Federal lands where gnatcatchers occur. 48,363 ha (119,508 ac), or 8 percent, authored by the Southern California However, the COE has exercised support sage scrub habitat (Table 1). We Association of Governments addresses jurisdiction on the SilverHawk project have determined that it is prudent to Los Angeles, Orange, Riverside, San in Riverside County which contains 83 designate critical habitat for the Bernardino, and Ventura counties, ha (205 ac) of coastal sage scrub. We gnatcatcher on all Federal lands (not while the Regional Transportation Plan conclude that it is prudent to designate including Tribal trust lands) containing 1996–2020 authored by the San Diego these 83 ha (205 ac) of coastal sage scrub coastal sage scrub within the defined Association of Governments covers San as critical habitat. We do not know of study area. We will further evaluate Diego County. We have identified any other projects in gnatcatcher habitat these lands during our development of several projects having a Federal nexus under the jurisdiction of the COE. a proposed critical habitat rule. That through FHWA involvement that may By delegation of authority from the evaluation may indicate that not all of affect gnatcatcher habitat. In Orange Department of Defense through the such habitat is essential for the County, the action area of the Foothill Department of the Army, the COE also conservation of the species or requires Transportation Corridor, which is under has responsibility to address all special management. We may also the jurisdiction of FWHA, contains 461 ordnance and explosive wastes concerns exclude some of these areas from ha (1,140 ac) of coastal sage scrub, and and environmental restoration activities designation as critical habitat because of the action area of the State Route 133/ at former defense sites. As a result, the economic impacts of such designation. Laguna Canyon Road Realignment COE has jurisdiction over the East Elliot Non-Federal Lands. Non-Federal project, which is also under the Ordnance Removal, a project that would lands include lands owned by local and jurisdiction of FHWA, contains affect 243 ha (600 ac) of habitat in San State jurisdictions and private entities. approximately 12 ha (29 ac) of habitat. Diego County. We conclude that it is This category includes Tribal fee-owned In San Diego County, State Route 125 prudent to designate these 243 ha (600 lands. A Federal nexus exists on non- Project contains about 42 ha (105 ac) of ac) of coastal sage scrub as critical Federal lands when there is Federal habitat; State Route 905 Project contains habitat. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5961

• The BLM and Forest Service on private lands during a flood event, three southern subarea plans account for occasionally exchange their lands for placing riprap for example, do not approximately 95 percent of the non-Federal lands. These land involve FEMA funds since private gnatcatcher habitat in southern San exchanges generally result in more landowners are taking actions Diego County. Approval is pending for manageable landownership immediately. FEMA may provide four other subarea plans within configurations for these agencies. These financial assistance for the repair of southern San Diego County’s MSCP. agencies mostly try to acquire private culverts, roads, etc. after a disaster. In This planning effort has resulted in the inholdings within larger Federal these cases, FEMA consults with us to establishment of conservation areas that holdings in exchange for isolated avoid or minimize impacts to collectively contain 28,844 ha (71,274 Federal parcels that are surrounded by gnatcatchers. Additionally under the ac) of coastal scrub habitat within a non-Federal land. The BLM and Forest Hazard Mitigation Grant Program, 69,573–ha (171,917–ac) preserve area. Service have already completed most FEMA funds programs, including In addition, we have approved the such land exchanges in southern vegetation management activities to Orange County NCCP Central/Coastal California, and we do not anticipate any reduce the likelihood of wildfires. Plan and issued an incidental take future land exchange efforts that would FEMA is currently consulting with us permit under section 10(a)(1)(B) of the affect the gnatcatcher. Occasionally, on these actions. The existence of a Act. This planning effort has resulted in projects such as roads or utility rights- Federal nexus from future FEMA the conservation of 15,677 ha (38,738 of-way will cross both private and disaster relief or other actions cannot be ac) of reserve lands, which contain Forest Service or BLM property. In these predicted and is at best speculative. 7,621 ha (18,831 ac) of coastal sage instances, both Federal and non-Federal • The Federal Aviation scrub habitat. lands will be considered during the Administration (FAA) oversees We have also approved several section 7 consultation process. Because activities at existing airports and smaller multiple species habitat private lands in the vicinity of Forest evaluates proposed airport expansion conservation plans (HCPs) in San Diego Service or BLM land generally do not and new airport construction. Riverside, Los Angeles, and Orange contain gnatcatcher habitat, the Construction of new airports and counties. These include, Bennett potential of utility projects on Federal expansion of existing airports have Property, Meadowlark Estates, land also affecting gnatcatcher habitat already been planned in southern Fieldstone, and Poway Subarea Plan in on private land is speculative and likely California, and we considered these San Diego County; Coyote Hills East and remote. projects in the development of this Shell Oil in Orange County; Ocean • The Immigration and Naturalization determination. The Ramona Airport Trails in Los Angeles County; and Lake Service (INS) conducts activities along expansion project contains 9 ha (22 ac) Mathews in Riverside County. These the United States/Mexico border and at of habitat. The designation of critical efforts have resulted in the protection of immigration check stations on major habitat on this parcel is prudent. We do 3,743 (9,250 ac) of gnatcatcher habitat. highways north of the border. Current not know of any other FAA projects The gnatcatcher habitat in the anticipated projects along the border proposed in gnatcatcher habitat. approved NCCPs in San Diego and include fences and roads to increase As discussed above, FHWA, FAA, Orange counties was selected for interdiction of illegal immigrants. These INS, and COE may carry out, fund, or permanent preservation and projects are generally located within 400 authorize projects in gnatcatcher habitat configuration into a biologically viable m (0.25 mile) of the international on non-Federal lands in San Diego, interlocking system of reserves by the border. Within this area, there are Orange, and Ventura counties. We local jurisdictions with our technical approximately 786 ha (1941 ac) of non- evaluated these lands to determine assistance and that of the California Federal lands containing gnatcatcher whether a designation of critical habitat Department of Fish and Game. The habitat that may be affected by these would be prudent. We found that a reserve system established under the projects. We conclude that the Federal nexus exists for projects approved NCCP plans includes the designation of critical habitat in these covering a total of 1,894 ha (4,680 ac), coastal sage scrub habitat subject to the areas is prudent. and determined that a designation of jurisdiction of those plans that we • The Department of Housing and critical habitat would be prudent for consider essential to the long-term Urban Development (HUD) conducts these lands. survival and recovery of the gnatcatcher. programs to assist private landowners in In addition, the plans provide for the purchase, sale, and development of Approved NCCP Efforts management of the reserve lands to their properties. However, these Several multi-species planning efforts protect, restore, and enhance their value programs generally involve and habitat conservation planning as gnatcatcher habitat. Because the rehabilitation or redevelopment of efforts have been undertaken within the essential gnatcatcher habitat that is previously disturbed areas that do not southern California range of the subject to the jurisdiction of the contain gnatcatcher habitat. gnatcatcher to conserve the species and approved plans is permanently • The Federal Emergency its coastal sage scrub habitat. Principal protected in the habitat reserves, no Management Agency (FEMA) is among these are State of California additional private lands covered by the involved with non-Federal lands Natural Community Conservation plans warrant designation as critical following natural disasters and other Planning (NCCP) efforts in Orange and habitat. In addition, because the emergencies such as floods, San Diego counties. NCCP plans gnatcatcher habitat preserved in the earthquakes, and other natural events. completed and permitted to date have plan is managed for the benefit of the FEMA’s involvement in the projects resulted in the conservation of 40,208 gnatcatcher as required under the plans, typically does not occur during an ha (99,310 ac) of gnatcatcher habitat. there are no ‘‘additional management ‘‘emergency’’ situation, but rather after In southern San Diego County, the considerations or protections’’ within the disaster has occurred, so that any development of the NCCP Multiple the meaning of ‘‘critical habitat’’ under impact to gnatcatcher habitat from such Species Conservation Program (MSCP) section 3(5)(A)(ii) of the Act required for natural disasters would also likely have has resulted in our approval of three those lands. Therefore, we have already occurred prior to FEMA southern County subarea plans under determined that private lands subject to involvement. For example, actions taken section 10(a)(1)(B) of the Act. These the approved NCCPs do not meet the 5962 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations definition of critical habitat in the Act the gnatcatcher and its habitat. We are non-Federal lands where a Federal and that designation of such lands continuing to encourage local nexus exists. would not benefit the gnatcatcher. jurisdictions to pursue comprehensive In addition to determining whether multi-species conservation plans (e.g., Private Lands Without a Federal Nexus designation of an area as critical habitat NCCP plans) to conserve the gnatcatcher is prudent, we must also evaluate, in We conclude that the designation of and other sensitive species. Our accordance with section 3(5)(A) of the critical habitat on the 259,226 ha cooperative approach is intended to (640,560 ac) of coastal sage scrub on Act, whether the area is essential to the ameliorate the circumstances that may conservation of the species and whether non-Federal lands that either lack a have led private landowners to destroy Federal nexus or are covered by the area may require special coastal sage scrub habitat and to correct management considerations or approved HCPs under the NCCP the misinformation presented by some program is not prudent. Threats and acts protection before designating the area as media accounts. critical habitat. Also, section 4(b)(2) of of vandalism toward coastal sage scrub We acknowledge that in some cases a the Act requires us to evaluate economic habitats were most acute at the time of designation of critical habitat on private and other impacts, and exclude any area the publication of the final listing for lands may provide some benefit to a from the designation if the benefits of the gnatcatcher in 1993 (58 FR 16742). species by highlighting areas where the excluding the area outweigh the benefits The destruction of coastal scrub habitat species may occur or areas that are in apparent attempts to circumvent important to the species’ recovery. of including the area, unless the potential land use restrictions resulting However, as discussed above, the status exclusion would result in the extinction from Endangered Species Act of the gnatcatcher, its coastal sage scrub of the species. These additional prohibitions continues. Our Law habitat requirements, and the location of determinations required to designate Enforcement Division has received that habitat are already well known, and critical habitat are not a part of the information on six incidents of land this information is readily available. prudency determination ordered by the clearing that cumulatively resulted in County planning agencies inform Court. We are deferring these additional the destruction of about 243 ha (600 ac) members of the public about sensitive determinations consistent with the of coastal sage habitat and the possible resources, including the gnatcatcher and current listing priority guidance take of up to eight pairs of gnatcatchers. its habitat, that may potentially occur on published (63 FR 10931) described These actions involved clearing of their lands. For example, the County of below. coastal sage scrub, in some instances San Diego informs applicants for Listing Priority Guidance without County grading permits, in San grading permits of the status of Diego, Riverside and San Bernardino gnatcatchers and may require them to We published Listing Priority counties. We also have recently initiated survey for the birds prior to receiving a Guidance for Fiscal Years 1998 and investigation into activities that permit. Numerous newspaper articles 1999 on May 8, 1998 (63 FR 25502). The apparently affected two endangered have also appeared describing the guidance clarifies the order in which we species, the Quino checkerspot butterfly gnatcatcher and its habitat. The plight of will process rulemakings, giving highest and the Delhi Sands flower-loving fly. this species and coastal sage scrub priority (Tier 1) to processing As has been documented by a series habitat is well known to the public, and emergency rules to add species to the of recent newspaper articles, some a designation of critical habitat on Lists of Endangered and Threatened members of the public believe that—(1) private lands will not appreciably Wildlife and Plants; second priority critical habitat can be ‘‘* * *put off increase landowners’ knowledge of (Tier 2) to processing final limits for development* * *’’ (San areas important for gnatcatcher determinations on proposals to add Diego Union Tribune, May 22, 1997), conservation. species to the lists, processing new and (2) the presence of listed species on We, therefore, conclude that no listing proposals, processing a land parcel can create ‘‘* * *a lot of benefit would arise from designating administrative findings on petitions (to uncertainty among developers* * *’’ critical habitat on private lands that do add species to the lists, delist species, and complicate land sales (Riverside not have a Federal nexus. To the or reclassify listed species), and Press-Enterprise, January 7, 1998). contrary, we believe it is likely that a processing a limited number of The vast majority of private lands lack designation of critical habitat on private proposed and final rules to delist or a Federal nexus that would invoke the lands may incite some members of the reclassify species; and third priority section 7 prohibition against adverse public and increase incidences of (Tier 3) to processing proposed and final modification of critical habitat. Also, habitat destruction through acts of rules designating critical habitat. Upon considering the common vandalism above current levels. completion of higher priority listing misunderstandings about the effects of Because, in this case, no benefit can be actions in accordance with the listing designation, we believe that designating identified, and because of increased priority guidance, we intend to go such lands as critical habitat would threats to the gnatcatcher and its habitat forward with the critical habitat increase the instances of habitat likely to result from designation, we designation process for the gnatcatcher. destruction and exacerbate threats to the conclude that designation of critical gnatcatcher. Therefore, we conclude habitat on private lands that lack a References Cited that the threats that would result from Federal nexus is not prudent. Riverside Press-Enterprise. January 7, 1998. designating these lands as critical Rats! Irked developers frustrated by habitat outweigh the benefit that would Summary and Conclusion butterfly. Page 22. be provided. We conclude that designation of San Diego Union Tribune. May 22, 1997. We will continue to investigate all critical habitat totaling 50,257 ha Court says gnatcatcher must have safe instances of coastal sage scrub clearing (124,188 ac) on lands within the United habitat. Page A–3. that may result in an unauthorized States portion of the range of the Authors ‘‘take’’ of gnatcatchers in violation of gnatcatcher is prudent (Table 1). This section 9 of the Act. Also, we are total includes all Federal lands within The primary authors of this document continuing extensive outreach efforts to the range of the gnatcatcher (48,364 ha are Loren R. Hays, Doug Krofta, Art address public misunderstandings about (119,508 ac)) and 1,894 ha (4,680 ac) of Davenport, Clark Roberts, and Jim Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5963

Bartel, Carlsbad Fish and Wildlife Office Background Historically, splittail were found as far (see ADDRESSES section). As used in this rule, the term ‘‘Delta’’ north as Redding on the Sacramento River (at the Battle Creek Fish Hatchery Authority refers to all tidal waters contained within the legal definition of the San in Shasta County), as far south as the The authority for this action is the Francisco Bay-Sacramento-San Joaquin present-day site of Friant Dam on the Endangered Species Act of 1973, as River Delta, as delineated by section San Joaquin River, and up the amended (16 U.S.C. 1531 et seq.). 12220 of the State of California’s Water tributaries of the Sacramento River as Dated: January 21, 1999. Code. Generally, the Delta is contained far as the current Oroville Dam site on Jamie Rappaport Clark, within a triangular area that extends the Feather River and Folsom Dam site on the American River (Rutter 1908). Director, U.S. Fish and Wildlife Service. south from the City of Sacramento to the Recreational anglers in Sacramento confluence of the Stanislaus and San [FR Doc. 99–2866 Filed 2–5–99; 8:45 am] reported catches of 50 or more splittail Joaquin rivers at the southeast corner BILLING CODE 4310±55±U per day prior to the damming of these and Chipps Island in Suisun Bay. The rivers (Caywood 1974). Splittail were term ‘‘Estuary,’’ as used in this rule, captured in the past in southern San DEPARTMENT OF THE INTERIOR refers to tidal waters contained in the Francisco Bay and at the mouth of Sacramento and San Joaquin rivers, the Coyote Creek in Santa Clara County, but Fish and Wildlife Service Delta, and San Pablo and San Francisco they are no longer present there (Moyle bays. ‘‘Export facilities,’’ as used in this in prep). The species was part of the 50 CFR Part 17 rule, refer to the Central Valley Project Central Valley Native American diet RIN 1018±AC26 and State Water Project water export (Caywood 1974). facilities in the South Delta. In recent times, dams and diversions Endangered and Threatened Wildlife Sacramento splittail were first have increasingly prevented splittail and Plants; Determination of described in 1854 by W.O. Ayres as from upstream access to the large rivers, Threatened Status for the Sacramento Leuciscus macrolepidotus and by S.F. and the species is now restricted to a Splittail Baird and C. Girard as Pogonichthys small portion of its former range (Moyle inaeqilobus. Although Ayres’ species AGENCY: Fish and Wildlife Service, and Yoshiyama 1992). However, during description is accepted, the species was Interior. wet years, they migrate up the assigned to the genus Pogonichthys in ACTION: Final rule. Sacramento River as far as the Red Bluff recognition of the distinctive diversion dam in Tehama County, and SUMMARY: We, the U.S. Fish and characteristics exhibited by the two into the lowermost reaches of the Wildlife Service (Service), determine California splittail species P. ciscoides Feather and American rivers (Moyle in threatened status for the Sacramento and P. macrolepidotus (Hopkirk 1973). prep, Jones and Stokes 1993, Charles splittail (Pogonichthys macrolepidotus) Pogonichthys ciscoides, endemic to Hanson, State Water Contractors, in litt. pursuant to the Endangered Species Act Clear Lake, Lake County, California, has 1993). Small numbers of splittail have of 1973, as amended (Act). Sacramento been extinct since the early 1970s. The recently been found in the upper splittail occur in Suisun Bay and the Sacramento splittail (hereafter splittail) Sacramento and San Joaquin rivers and San Francisco Bay-Sacramento-San represents the only existing species in their tributaries (Baxter 1995). Recent Joaquin River Estuary (Estuary) in its genus in California. surveys of San Joaquin Valley streams California. The Sacramento splittail has The name splittail refers to the found splittail in the San Joaquin River declined by 62 percent over the last 15 distinctive tail of the fish. Pogon-ichthys below its confluence with the Merced years. This species is primarily means bearded fish, referring to the River, mainly following wet winters threatened by changes in water flows small barbels (whisker-like sensory (Moyle in prep). Splittail have also been and water quality resulting from the organs) on the mouth of the fish, recorded using the Sutter and Yolo export of water from the Sacramento unusual in North American cyprinids. bypasses for spawning areas during wet and San Joaquin rivers, periodic Macro-lepidotus means large-scaled. winters (Sommer et al. 1997). prolonged drought, loss of shallow- The splittail is a large cyprinid fish that Successful spawning has been recorded water habitat, introduced aquatic can exceed 40 centimeters (cm) (16 in the lower Tuolumne River during wet species, and agricultural and industrial inches (in)) in length (Moyle 1976). years in the 1980s, as well as in 1995. pollutants. Designation of critical Adults are characterized by an Both adults and juveniles were observed habitat is not prudent at this time. This elongated body, distinct nuchal hump at Modesto, 11 kilometers (km) (6.6 rule implements the protection and (on the back of the neck), and small, miles (mi)) upriver from the mouth of recovery provisions afforded by the Act blunt head, usually with barbels at the the river (Moyle in prep). However, all for Sacramento splittail. corners of the slightly subterminal of the sightings reported above were mouth. The enlarged dorsal lobe of the EFFECTIVE DATE: March 10, 1999. during wet years when splittail were caudal fin distinguishes the splittail able to exploit more spawning habitat. ADDRESSES: The complete file for this from other minnows in the Central Except for very wet years, the species is rule is available for public inspection, Valley of California. Splittail are dull, for the most part now confined to the by appointment, during normal business silvery-gold on the sides and olive-gray Delta, Suisun Bay, Suisun Marsh, and hours at the Sacramento Fish and dorsally. During spawning season, Napa Marsh. In the Delta, they are most Wildlife Office, U.S. Fish and Wildlife pectoral, pelvic, and caudal (tail) fins abundant in the north and west portions Service, 3310 El Camino Avenue, Suite are tinged with an orange-red color. when populations are low, but are more 130, Sacramento, CA 95821–6340. Males develop small white nuptial evenly distributed throughout the Delta FOR FURTHER INFORMATION CONTACT: tubercles on the head. Breeding following years of successful Michael Thabault, Deputy Assistant tubercles (nodules) also appear on the reproduction (Sommer et al. 1997). Field Supervisor, U.S. Fish and Wildlife base of the fins (Moyle in prep). Splittail are relatively long-lived, Service (see ADDRESSES section) Splittail are native to California’s frequently reaching 5 to 7 years of age. (telephone 916–979–2710). Central Valley, where they were once An analysis of hard parts of the splittail SUPPLEMENTARY INFORMATION: widely distributed (Moyle 1976). indicate that larger fish may be 8 to 10 5964 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations years old (Moyle in prep). Females are spawning and rearing habitat. These declines (over 80 percent) were found highly fecund, with the largest females flood basins have all been reclaimed or from studies that sampled the shallow producing over 250,000 eggs (Daniels modified for flood control purposes Suisun Bay area, the center of the range and Moyle 1983). Populations fluctuate (e.g., Yolo and Sutter bypasses). of the species (Meng and Moyle 1995). annually depending on spawning Although primarily a freshwater The updated information also show a success, which is highly correlated with species, splittail can tolerate salinities significant decline (43 percent) for the freshwater outflow and the availability as high as 10 to 18 parts per thousand studies that sampled the shallow Suisun of shallow-water habitat with (ppt) (Moyle 1976, Moyle and Bay area. A study that began in 1980 in submerged vegetation (Daniels and Yoshiyama 1992). California the lower Estuary, at the outermost edge Moyle 1983). Fish usually reach sexual Department of Fish and Game (CDFG) of splittail range, found the lowest maturity by the end of their second year. survey data from 1979 through 1994 percent decline (20 percent) (CDFG The onset of spawning is associated indicate that the highest abundances unpublished data) through 1993. The with rising water levels, increasing occurred in shallow areas of Suisun and analysis completed on the updated data water temperatures, and increasing day Grizzly bays. also showed the smallest decline for this length. Peak spawning occurs from the Recent research indicates that splittail study (6 percent). The number of months of March through May, although will use the Yolo and Sutter bypasses splittail young taken at State and records of spawning exist for late during the winter and spring months for Federal pumping facilities (measured as January to early July (Wang 1986). In foraging and spawning (Sommer et al. number of individuals per acre-foot of some years, most spawning may take 1997). However, the Yolo Bypass may water pumped), as of 1993, had place within a limited period of time. only be used by splittail during wet declined 64 percent since 1984. With For instance, in 1995, a year of winters, when water from the the updated data, the number of splittail extraordinarily successful spawning, Sacramento River over-tops the Fremont young taken at State and Federal most splittail spawned over a short Weir and spills over the Sacramento pumping facilities demonstrated a 97 period in April, even though larval Weir into the Bypass. In 1998, the Yolo percent increase. This percent increase splittail were captured from February and Sutter bypasses provided good is due to the unusually high salvage that through early July (Moyle in prep). habitat for fish, particularly splittail, occurred during 1995. Within each spawning season older fish when they were flooded for several We estimate splittail populations to reproduce first, followed by younger weeks in March and April. In order to be 35 to 60 percent of what they were individuals (Caywood 1974). Spawning provide spawning habitat for splittail, in the 1940s, and these estimates may be occurs over flooded vegetation in tidal water must remain on the bypasses until conservative (Moyle in prep). CDFG freshwater and euryhaline habitats of fish have completed spawning, and midwater trawl data indicate a decline estuarine marshes and sloughs and larvae are able to swim out on their from the mid-1960s to the late 1970s, slow-moving reaches of large rivers. own, during the draining process. followed by a resurgence, with yearly Larvae remain in shallow, weedy areas The decline in splittail abundance has fluctuations, through the mid-1980s. close to spawning sites for 10 to 14 days taken place during a period of increased From the mid-1980s through 1994, and move into deeper water as they human-induced changes to the seasonal splittail numbers have declined in the mature and swimming ability increases hydrology of the Delta, especially the Delta, with some small increases in (Wang 1986 and Sommer et al. 1997). increased exports of freshwater. These various years. This decline is also Splittail are benthic (bottom) foragers. changes include alterations in the demonstrated in the updated CDFG In Suisun Marsh, they feed primarily on temporal, spatial, and relative ratios of data. opossum shrimp (Neomysis mercedis, water diverted from the system. These (2) Overall splittail abundances vary and presumably, the exotic hydrological effects, coupled with widely among years. Sommer et al. 1997 Acanthomysis spp. as well), benthic severe drought years, introduced aquatic also found that splittail recruitment amphipods (Corophium), and species, the loss of shallow-water success fluctuates widely from year to harpactacoid copepods, although habitat to reclamation activities, and year and over long periods of time. detrital (non-living and detached other human-caused actions, have During dry years abundance is typically organic) material makes up a large reduced the species’ capacity to recover low. During the dry years of 1980, 1984, percentage of their stomach contents from natural seasonal fluctuations in 1987, and 1988 through 1992, splittail (Daniels and Moyle 1983). In the Delta, hydrology for which it was adapted. abundance indices for young-of-the-year clams, crustaceans, insect larvae, and Analyses of survey data collected were low, indicating poor spawning other invertebrates also are found in the from 1967 to 1993 (Meng 1993, Meng success. Additionally, all year class diet. Predators include striped bass and Moyle 1995) and data from 1967 to abundances were low during these (Morone saxatilis) and other piscivores 1997 by Service, CDFG, and University years. In 1994, the fourth driest year on (Moyle 1976). of California at Davis biologists from record, all splittail indices were In recent years, splittail have been several different studies indicate the extremely low. found most often in slow moving following results—(1) Overall, splittail We believe wet years provide sections of rivers and sloughs and dead- abundance indices have declined. Meng essential habitat for splittail and allow end sloughs (Moyle et al. 1982, Daniels and Moyle (1995) demonstrated that on populations to rebound from dry years. and Moyle 1983). Reports from the average, splittail have declined in Successful reproduction in splittail is 1950s, however, mention Sacramento abundance by 60 percent through 1993. often highly correlated with wet years. River spawning migrations and catches The CDFG updated these data to include Large pulses of young fish were of splittail during fast tides in Suisun the most current data available and observed in wet years 1982, 1983, 1986, Bay (Caywood 1974). Because they provided to the Service. The CDFG and 1995. In 1995, one of the wettest require flooded vegetation for spawning calculated the data using the updated years in recent history, an increase in all and rearing, splittail are frequently information. The results were similar. indices was recorded, as in 1986, which found in areas subject to flooding. These updated data demonstrate that on was another wet year following a dry Historically, the major flood basins average, splittail have declined year. However, young of the year taken distributed throughout the Sacramento significantly in abundance by 50 per unit effort (for example, either the and San Joaquin valleys provided percent since 1984. The greatest number of fish per net that is towed or Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5965 the number of fish per volume of water State and Federal water projects. These species in the Sacramento and San sampled) has actually declined in wet operations include not only the export Joaquin rivers and associated estuary. years, steadily from a high of 12.3 in of water from the Delta but also Mr. Thomas identified eight 1978 to 0.3 in 1993. The updated data diversion of water to storage during organizations as co-petitioners, from CDFG demonstrate this same periods of high run-off, which reduce including the American Fisheries decline in wet years, from 37.3 in 1978 instream flows and available submerged Society, the Bay Institute of San to 0.6 in 1993. The abundance indices aquatic habitat for spawning and Francisco, the Natural Heritage Institute, of splittail during the years of 1995, rearing. Additional threats to this the Planning and Conservation League, 1996, and 1997 were 44.5, 2.1, and 2.6, species include— Save San Francisco Bay Association, respectively. Year 1995 was a very wet (1) Direct and indirect mortality at Friends of the River, the San Francisco year and splittail abundances were high. power plants and in-Delta water Baykeeper, and the Sierra Club. We Years 1996 and 1997 were wet years, yet diversion sites; published a 90-day finding on July 6, abundance indices were low. However, (2) Reduced river flows and changes 1993 (58 FR 36184), that the petition overall splittail declines remain high (82 in the seasonal patterns of flows in the presented substantial information percent/43 percent with updated data) Sacramento and San Joaquin rivers and indicating that the requested action may in the shallow-water Suisun Bay area, their tributaries; be warranted. We initiated a status the center of its distribution. (3) The loss of spawning and nursery review and analyzed available data on We believe high abundance indices in habitat as a consequence of draining and this species (Meng 1993). 1995 are an artifact of the highly diking for agriculture; On January 6, 1994, we published a unusual hydrological conditions that (4) The loss of shallow-water habitat proposed rule to list the splittail as a occurred. Therefore, we also calculated due to levee slope protection, marina threatened species and requested public all of the percent declines, as stated construction, and other bank oriented comment (59 FR 862). The proposed above, without the 1995 abundance construction activities; rule constituted a 12-month finding that indices in the analysis. The overall (5) The reduction in the availability of the petitioned action was warranted, in decline is 67 percent. The decline from highly productive brackish-water accordance with section 4(b)(3)(B) of the the studies in the shallow Suisun Bay habitat; Act. area without 1995 is 80 percent. For the (6) The presence of toxic substances, On January 10, 1995, we published in study in the lower Estuary, the decline especially agricultural and industrial the Federal Register (60 FR 2638) a is 39 percent. The salvage data collected chemicals and heavy metals in their notice of a 6-month extension to make at both the State and Federal pumping aquatic habitat; a final listing determination and facilities demonstrate a 22 percent (7) Human and natural disturbance of reopened a 45-day public comment decline. Other than 1995, the salvage the food web through altered hydrology period on the proposed rule to list the data include 1996 and 1997. and introduction of exotic species; splittail. The basis for this extension (3) A strong relationship exists (8) Flood control operations that was to address differences of scientific between young-of-the-year abundance strand eggs, larvae, juveniles, and opinion concerning the status of splittail and outflow (i.e., river outflow into San adults; upstream of the Delta, especially the Francisco Bay after water exports are (9) The increase in severity of these existence of a resident population removed). As outflow increases, annual effects by six years of drought; and upstream of the Delta. In April 1995, abundance of young-of-the-year splittail (10) Entrainment (pulling) of fish subsequent to the close of the extension increases. Changes in outflow explain through unscreened or inadequately period, a moratorium on the processing 55 to 72 percent of the changes seen in screened municipal and agricultural of all final listing proposals was young-of-the-year splittail abundance, diversions. established by Congress in Public Law depending on which survey data are 104–6. The moratorium was lifted on Previous Federal Action analyzed. April 26, 1996. As mandated by the (4) Splittail are most abundant in We included the Sacramento splittail moratorium, we conducted no actions to shallow areas of Suisun and Grizzly as a category 2 candidate species for finalize the proposed rule during the bays where they generally prefer low- possible future listing as endangered or period April 1995 to April 1996. salinity habitats. Salinities in Suisun threatened in the January 6, 1989, As described in detail below, we and Grizzly bays increase when, as a Animal Notice of Review (54 FR 554). reopened the comment period on May result of water exports or drought Category 2 candidates were defined as 18, 1998. We solicited the latest conditions, the mixing zone (the those species for which information in information regarding the abundance freshwater-saltwater interface) shifts our possession indicated that proposing and distribution of the species. upstream. to list as endangered or threatened was Additionally, we requested comments (5) Concentration of splittail in possibly appropriate, but for which concerning the publication, ‘‘Resilience shallow areas suggests that they are conclusive data on biological of Splittail in the Sacramento-San particularly vulnerable to reclamation vulnerability and threats were not Joaquin Estuary’’ (Sommer et al. 1997). activities, such as dredging, diking, and currently available to support proposed The processing of this final rule filling of wetlands. rules. We discontinued the use of follows our final listing priority The above data indicate that splittail multiple candidate categories on guidance for fiscal years 1998 and 1999 abundances vary widely in response to February 28, 1996 (61 FR 7596), and published in the Federal Register on environmental conditions, but the species meeting the definition of the May 8, 1998 (63 FR 25502). The general population numbers are former category 2 are no longer guidance clarifies the order in which we declining. The following are some considered candidates. will process rulemakings giving highest reasons why the species is in decline. On November 5, 1992, we received a priority (Tier 1) to processing The splittail is primarily threatened by petition from Mr. Gregory A. Thomas of emergency rules to add species to the the altered hydraulics and reduced the Natural Heritage Institute to add the Lists of Endangered and Threatened Delta outflow caused by the export of Sacramento splittail to the List of Wildlife and Plants; second priority freshwater from the Sacramento and San Endangered and Threatened Wildlife (Tier 2) to processing final Joaquin rivers through operation of the and to designate critical habitat for this determinations on proposals to add 5966 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations species to the lists, processing new listing of the splittail, two opposed the issues that are summarized, discussed listing proposals, processing listing, and others provided comments and responded to below. Most of the administrative findings on petitions (to considered as neutral. Five conservation comments supporting the listing did not add species to the lists, delist species, organizations (or branches thereof), one provide any additional information, so or reclassify listed species), and sport fishing organization, two we have not prepared a discussion or processing a limited number of interested parties, and a Federal agency response to these comments. proposed and final rules to delist or (the Bureau of Reclamation (BOR)) Issue 1: A respondent commented that reclassify species; and third priority supported the proposed listing. The our statement about splittail decline was (Tier 3) to processing proposed and final California Department of Water based on data regarding splittail rules designating critical habitat. Resources (DWR) and the State Water juveniles. The respondent argued that Processing of this final rule is a Tier 2 Contractors opposed the proposed adult splittail are abundant and that our action. listing. We received no additional reliance on a limited portion of the year expert opinions from independent classes for a listing determination is Summary of Comments and specialists concerning pertinent inappropriate. Recommendations scientific or commercial data about the Service Response: We have reviewed In the January 6, 1994, proposed rule splittail. the seven data sets used in the status (59 FR 862), we requested all interested On August 4, 1994, we received a review (Meng 1993). These data sets parties to submit factual reports or letter dated August 3, 1994, from the include—(1) a fall midwater trawl information, that might contribute to the State Water Contractors requesting a 6- survey in the upper Estuary by CDFG; development of a final rule. We month extension on the listing (2) a monthly midwater and otter trawl contacted State agencies, county determination. The reasons provided in in the lower Estuary by CDFG (San governments, Federal agencies, the request for extension were the same Francisco Bay-Outflow Study, hereafter scientific organizations, and other as those submitted during the public Bay Study); (3) a monthly otter trawl interested parties and requested comment period, addressed below. survey of Suisun Marsh (a tidal marsh comments. We held public hearings on We granted a 6-month extension to next to Suisun Bay) by the University of the proposed splittail listing in address the status of splittail upstream California; (4) a midwater trawl survey conjunction with hearings on two other of the Delta, and the importance of any that we conducted at Chipps Island in proposed Federal actions, the such splittail to the population as a Suisun Bay; (5) a midwater trawl survey designation of critical habitat for delta whole. Therefore, we reopened the that we conducted in the Sacramento smelt (Hypomesus transpacificus) (59 public comment period for 45 days, River; (6) a beach seine survey that we FR 852), and the United States beginning January 10, 1995, and ending conducted in the Delta and Sacramento Environmental Protection Agency’s February 24, 1995. During this second River; and (7) fish salvage data collected (USEPA’s) water quality standards for comment period we received one by CDFG and the BOR at the State and the Estuary (59 FR 810). We published additional comment letter that opposed Federal pumping facilities located in the newspaper notices of the public the listing of the splittail. The comment south Delta. The beach seine survey and hearings on February 4, 1994, in the letter addressed this issue in part. Sacramento River midwater trawl were Sacramento Bee, Fresno Bee, Los On March 19 and March 20, 1998, the not used in the analysis of abundance Angeles Times, and San Francisco DWR and the State Water Contractors, trends because several years of data Chronicle, all of which invited general respectively, requested the comment were missing. (See next comment for public comment. We held public period be reopened. The basis of this criteria used to identify data sets hearings on February 23, 1994, in request was that substantial data had suitable for inclusion in abundance Fresno; on February 24, 1994, in been collected since 1995 regarding the trend analysis.) Of the surveys that were Sacramento; on February 25, 1994, in abundance and distribution of the used to establish abundance trends, San Francisco; and on February 28, splittail. We believe that consideration ratios of young-of-the-year to adults 1994, in Irvine. At each meeting, we of this and any new information is were approximately equal for three out took testimony from 1 p.m. to 4 p.m. significant to the final determination of of five surveys (fall midwater trawl, Bay and 6 p.m. to 8 p.m. the status of the Sacramento splittail. Study, and Suisun Marsh). Of the During the 3-month comment period For this reason, we sought information remaining surveys, the Chipps Island from January 6 to March 7, 1994, we concerning abundance and distribution trawl was dominated by young-of-the- received comments (i.e., letters and oral data for this species from 1995–1997. year, and fish salvage sampled five testimony) from 133 individuals, Specifically, we sought comments times as many young as adults. We organizations, or government agencies. regarding information presented in the calculated percent declines Many of these comments were given at publication, ‘‘Resilience of Splittail in independently for each survey. When joint public hearings for the combined the Sacramento-San Joaquin Estuary’’ the two surveys dominated by young-of- Federal rulemaking package for the (Sommer et al. 1997), and how the the-year are removed from the analysis, Sacramento-San Joaquin Delta results affect our recommendation for overall average percent decline remains (including the proposal to list the listing the Sacramento splittail as a the same. Therefore, the contention that Sacramento splittail, the proposal to threatened species. The comment period splittail adults are abundant, and that designate critical habitat for the delta was opened on May 18, 1998, and our analysis relied on a particular age- smelt, and final water quality standards closed on July 17, 1998. We received class of the species, is unfounded. for the Delta being proposed by the comments from eight respondents, Issue 2: One respondent maintained USEPA). Only 13 of the 133 commenters whose comments are summarized that the studies we relied on were addressed the proposed rule to list the below. limited geographically (i.e., to the Sacramento splittail. Four of the 13 The written comments and oral Estuary) and that splittail may occupy a commenters that specifically addressed statements, questioning or opposing the wider range. Conversely, another the proposed rule to list the Sacramento listing of the splittail, or otherwise respondent commented that the Estuary splittail provided oral testimony at the providing information, obtained during is the principal habitat of splittail and public hearings. Of the 13 commenters the public hearings and comment virtually all splittail are found in the mentioned above, nine supported the periods are combined into general Estuary for the first 2 years of their lives. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5967

There was also disagreement about the year, fish 1 year or older, and fish 2 available scientific and commercial gear types used for sampling. One years or older). The beach seine was data. The three data sets referred to by respondent held that they were not selective for young-of-the-year. High the respondent are limited temporally appropriate, whereas another catches of young-of-the-year in and geographically. One of the data sets respondent stated that gear used by the midwater trawls are thought to reflect referred to by the respondent covers one studies, (i.e., bottom and midwater movement of young out of near shore night of gillnet sampling in one trawls) captured all sizes of splittail. areas when water recedes. They are location. The other two data sets refer to The respondent that questioned gear frequently captured in channels, 2 years of sampling, separated by more suitability also commented that studies presumably as they move downstream than 10 years, at the Pacific Gas and used in the listing determination were (Meng and Moyle 1995). The Electric plant in Antioch. We designed to capture striped bass, were information outlined above suggests that considered all available data but limited in their ability to sample regularly repeated bottom and midwater determined that incorporation of shallow and inshore habitats, and that trawls are reasonably effective for sporadic or isolated sampling events the use of the CDFG abundance index sampling splittail and examining trends was not appropriate because of was inappropriate. through time. problems associated with drawing Service Response: We used several There are no long-term gillnetting conclusions from limited or sporadic criteria to determine if a data set could data sets that meet the criteria above for data. be incorporated into the analysis of inclusion in the analysis of abundance. Issue 4: A respondent commented that trends in splittail abundance and Furthermore, gillnetting results in high no data were provided to support the distribution. Data had to be collected for fish mortality, and long-term sampling conclusion that successful reproduction at least 10 consecutive years and effort by gillnet is not feasible in waters with is highly correlated with wet years. had to be relatively constant or a core sensitive species. Almost all sampling Service Response: Regression analyses data set had to be available to extract for techniques have biases. For the data of splittail young abundance versus analysis. A core data set of at least 10 used in the abundance analysis, the spring outflow (February-May) show consecutive years provides the sampling remained constant. Therefore, strong relationships. As spring outflow necessary information to conduct an the biases remained constant through increases, abundance of splittail young analysis of long term trends in time, and there was a consistent increases. Changes in spring outflow abundance. One respondent referred to downward trend in splittail abundance. explained varying percentages of the use of two data sets that sampled Most of the sampling programs in the changes in abundance of splittail young upstream of the Estuary. These data sets Estuary were initiated to track changes and ranged from 55 to 72 percent, were not included in the analysis of in striped bass or salmon depending on which survey data were abundance trends because time of year (Oncorhynchus tshawytscha) analyzed (Meng and Moyle 1995). All of of sampling varied, sampling sites populations. These long term data sets the regression analyses were significant varied, and some years of sampling were can be used to assess changes in (probability values ranged from less missing. These data sets were examined abundance of other species as long as than 0.0001 to 0.0025) (Meng and Moyle however, for trends in distribution, and assumptions of sampling design are 1995). This is a strong correlation showed that capture of splittail considered. Limitations of surveys between successful reproduction and decreased as sampling was conducted designed for striped bass or salmon have wet years. The low and high abundance further upstream from the Estuary. One been consistent through time. Problems indices of juvenile abundance from of the surveys referred to by the with sampling shallow and inshore 1994 and 1995, respectively, is respondent consists of samples taken habitats have not changed and should consistent with this analysis. upstream of the Delta and catches not affect relative abundance trends. Issue 5: One respondent commented young-of-the-year almost exclusively. Therefore, trends or changes in splittail that the data we used to determine the Because splittail migrate upriver to abundance reflected by these surveys decline of splittail was biased by the spawn in the spring (Meng and Moyle should be unaffected by the various fact that the time period used to 1995), it is likely that these catches are weaknesses identified by the determine pre-decline and post-decline the offspring of splittail that reside respondent. The high correlation was heavily weighted with wet years in further downstream for the remainder of between the CDFG abundance index the pre-decline period, thereby biasing the year. and numbers of fish (83 percent of the the analysis. Regarding gear suitability, a variability is explained) suggests that Service Response: We analyzed only respondent suggested that certain gear the index is a reasonable estimator of wet years to determine if there had been used, especially tow nets and trawls, population trends. a decline within that year type. That were not appropriate for sampling Issue 3: One respondent commented analysis indicated that even in wet splittail because of their benthic habits that three separate data sets, including years, when one would anticipate and preference for shallow water. The a gillnet survey, suggest that splittail are substantially higher recruitment, there respondent also referred to gillnetting as abundant throughout the Delta. Another had been an overall decline in splittail an effective method for capturing respondent countered that gillnetting abundance. Young-of-the-year splittail. surveys cited as evidence of abundance abundance declined steadily in the We agree that the summer townet were based on a single night of sampling annual Chipps Island trawl in wet years survey is inefficient in sampling splittail in the American River when splittail from 1978 to 1993. Abundance in 1993 and therefore, was not included in the were presumably concentrated for was less than 3 percent of what it was analysis of abundance. However, several spawning. This respondent added that in 1978. Abundance per unit effort was trawling methods were included. Meng the 60 percent decline cited in the approximately 12.3 in 1978, 8.1 in 1982, (1993) compared the effectiveness of proposed rule is remarkable because one 2.0 in 1983, 1.3 in 1986 and less than three types of gear from one survey— strong year class (such as occurred in 0.3 in 1993. This first analysis was done bottom (otter) trawls, midwater trawls, 1983) can mask an overall decline in using a catch-per-tow analysis. The and beach seines. Bottom and midwater this long-lived species. second analysis of splittail abundance trawls sampled equal proportions of all Service Response: The Act requires us using a different analytical method that splittail year classes (i.e., young-of-the- to base listing determinations upon best was based on a catch-per-volume of 5968 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations water sampled yields a similar result. supported, at some point, by increases and 56 percent of the catch, The volumetric methodology yields a in diversions to State and Federal respectively, was taken in those areas catch per unit effort (CPUE) at the reservoirs. Most rainfall occurs during (Meng and Moyle 1995). Chipps Island trawl site of 2.6 in 1978, winter and spring in California, and The respondent also stated that values 0.97 in 1982, 0.77 in 1983, 0.73 in 1986, high spring flows are augmented by used to construct the top half of Figure and 0.21 in 1993. These two analyses snow melt. Historically, high spring 13 were incorrect. The respondent show that there is an overall reduction flows provided flooded areas and recalculated the values, but used in abundance that is not solely a result shallows for fish spawning and rearing. incomplete data sets (Chipps Island of drought conditions. Using the second Construction of upstream reservoirs trawl) or incorrect data sets (Suisun analytical method yields a CPUE for allowed large amounts of these high Marsh). Furthermore, the respondent 1995 and 1996 of 2.1 and 0.63 spring flows to be diverted to storage for referred to Bay Study beach seine data respectively, which were both wet later release. Diversion of water to that were not included in the analysis years. If there were a stable number of storage dampens peak spring flows and constructed a table of values sexually mature fish throughout the beneficial to splittail spawning success without using the appropriate scale period of decline, one would expect and provides water for pumping when included on the original figure. The similar reproduction in both years. flows to the Estuary decrease. respondent stated that adding ratios, as However, there was a substantial Since 1983, the proportion of water in Figure 13, violates basic laws of decline from 1995 to 1996, which may exported from the Delta during October algebra. However, the figure was not indicate that there were not as many through March has been higher than in intended to show the sums of catches in adult fish, reflected by the lower CPUE earlier years (Moyle et al. 1992). different areas. The figure was intended in 1996. Changes in timing and amounts of to illustrate the relative contributions of Issue 6: One respondent commented exports, as well as operations of different surveys in different areas. The that there is no evidence to support the upstream water storage facilities, affect top half of Figure 13 has been removed statement that lower numbers of splittail fish migration and spawning habits. from the status report because it was young-of-the-year during the drought Dampening of peak spring flows by confusing and did not contribute to the may affect the stock’s ability to recover. springtime diversions to storage to analysis. Service Response: Our status report replenish depleted reservoirs has Issue 9: Two respondents commented (Meng 1993) and the proposed rule (59 deleterious effects on estuarine species that outflow conditions that inundate FR 862) indicated that wet years are such as splittail, which evolved in a large vegetated areas and result in required for splittail recruitment. system with periodic spring flooding. favorable spawning conditions are However, as previously discussed in the As previously discussed, in wet years largely unaffected by diversion and analysis of only wet years, young-of-the- when fish production is generally high, export capabilities of the State and year abundance has declined during large segments of the juvenile Federal water projects. these years. Because splittail live 5 to 7 population are vulnerable to export Service Response: Evidence offered to years and rely on wet years for strong facilities both directly and indirectly support this comment is a correlation year classes, a prolonged drought, such through entrainment and altered Delta analysis performed by DWR indicating as the recent 6-year drought, may hydrology. This vulnerability is that there is a positive relationship provide little recruitment opportunities. reflected in wet year abundance indices. between the number of days that the The steady decline in young-of-the-year The adverse effects of the pumps in wet Yolo and Sutter bypasses are flooded abundance in the Chipps Island trawl, years combined with poor recruitment and splittail young abundance. The combined with a 5 to 7 year life span during dry years exacerbates the Yolo and Sutter bypasses are flood and reliance on wet years for strong year population demographic outlook for the control structures that bypass flows 96 classes, suggests that lower numbers of splittail. and 128 km (60 and 79 mi) upstream of splittail young during the drought will Issue 8: A respondent commented that the confluence of the Sacramento and reduce the number of adult fish in calculations in the status report were San Joaquin rivers respectively. Because subsequent wet years. This overall incorrect. This comment targeted a high outflows and number of days the decline in splittail abundance, even reference in the proposed rule regarding bypasses are flooded are strongly during wet years, may affect the ability the abundance of splittail in the Suisun correlated, it is difficult to isolate of the species to recover. Bay area. flooding of these specific areas as the Issue 7: A respondent commented that Service Response: This comment was most important factor influencing the drought, not exports, was apparently based on a misinterpretation splittail abundance. Although flooding responsible for the recent decline in of data included in the status report. of the bypasses may result in favorable splittail abundance indices. The respondent incorrectly assumed spawning conditions, young located in Service Response: Water exports at that the top half of Figure 13 in the the bypasses are likely to experience the State and Federal pumping facilities status report supported statements in high mortality because they become are not the only threat to the species the text regarding abundance of splittail trapped in depressions and agricultural related to the State Water Project and in Suisun Bay. However, this portion of drainage canals when water recedes the Central Valley Project. The State and Figure 13 was intended to indicate the (Jones and Stokes 1993). Federal water projects are interbasin approximate locations and effort of the Issue 10: One respondent commented water delivery systems that include 34 different surveys used for the status that the effects of entrainment on reservoirs, thousands of miles of report. The bottom half of Figure 13 was splittail are questionable. The aqueducts and canals, and large intended to support statements about respondent questioned statements in the pumping facilities in the south Delta. abundance of splittail in the Suisun Bay proposed rule that splittail may be more Storage in reservoirs and conveyance area. The respondent acknowledged the vulnerable to the effects of entrainment components of the projects also have high catches in Suisun and Grizzly bays in water project facilities in dry years. substantial effects on the splittail. represented in the bottom of Figure 13. The respondent based the argument on Outflow conditions that inundate large Furthermore, two CDFG surveys strong relationships between splittail vegetated areas are affected by pumping indicate that abundance of splittail abundance and losses to project because increases in pumping must be captured by each survey, comprising 72 operations. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5969

Service Response: An entrainment species. Increasing salinities in this area protections in place for delta smelt and index was developed (a ratio of indices have also decreased Neomysis mercedis proposed USEPA water quality from two surveys, i.e., salvage of production, a primary splittail food and standards for the Estuary (59 FR 810). entrained fish at water project facilities a factor cited by the respondent as being The respondent stated that increases in divided by the fall midwater trawl a possible cause of decline. water demand for splittail would affect index) that demonstrated entrainment of Issue 12: One respondent commented the predictability of water supplies for splittail young was higher in wet years. that the possible effects of predators and other users. We acknowledge that based on the two competitors deserves greater Service Response: In determining to surveys comprising the entrainment consideration. The respondent referred list the splittail, we considered the index, entrainment of splittail appears to three introduced species that have effects of the listing of delta smelt and to occur in proportion to abundance, experienced population explosions designation of critical habitat for the that is, entrainment is higher in wet during the same period that splittail delta smelt (60 FR 4664) as well as years. Because splittail abundance relies declined, two gobies and one atherinid, implementation of the State’s Water on high levels of recruitment in wet the inland silverside (Menidia Quality Control Plan (WQCP). We years, taking more splittail in wet years beryllina). believe that the life history and habitat does not remove the threat of Service Response: We acknowledge requirements of splittail will not be entrainment in water project facilities that the three introduced species and satisfied by these actions. from the population. In the early 1980s, the splittail may occupy similar The life history characteristics and hundreds of thousands of splittail young habitats. However, these introduced habitat usage of splittail differ from were salvaged monthly by the State species rarely exceed 8 cm (3.4 in) in those of delta smelt. Splittail migrate export facility alone (this number has length as adults, one-fifth the size of farther upstream to spawn in the decreased as abundance has decreased). splittail. Thus, direct predation by the Sacramento and San Joaquin rivers and Since splittail abundance relies on introduced species on splittail is their tributaries than do delta smelt. strong year classes in wet years to unlikely. It is also unlikely that adults Consequently, protections for this support the population during poor of the introduced species consume species will not overlap completely environmental conditions, entrainment splittail young because of differences in with those needed for splittail. Splittail of large numbers of young, even in spawning sites, that is, many splittail also differ from the already listed proportion to abundance, remains a spawn upstream of and in the upper species in their habitat usage. Because threat. portions of the Estuary. Furthermore, splittail prefer shallow water, with With the exception of the Bay Study, competition for food or resources (such emergent vegetation, they are all 1995 indices were less than historic as spawning sites) is unlikely and particularly threatened by reclamation, wet year indices or, in the case of the would be difficult to extract from the dredging, and development activities in Fall-midwater Trawl survey, not as high wide array of factors that may affect those habitat types. Finally, because as pre-decline wet-year indices. splittail. The introduced species most splittail are long-lived and spend much However, the combined CVP/SWP likely to affect splittail is striped bass, of their lives in the Estuary, salvage was more than double any which is known to favor splittail for contaminants pose a greater threat to previous year’s salvage index, wet or food (see Factor C in the ‘‘Summary of this species than to delta smelt. dry (approximately 8 million young-of- Factors Affecting the Species’’ section). As described in detail under Factor D the-year fish for the entire year versus Splittail and striped bass, however, have of the ‘‘Summary of Factors Affecting less than 4 million young-of-the-year coexisted for decades in the Estuary. the Species’’ section, water quality fish in 1986, which was the next highest Recent declines in splittail have objectives developed by the SWRCB entrainment index on record). This occurred in concert with striped bass could benefit splittail. In 1995, the suggests that during 1995, the CVP/SWP declines. SWRCB adopted a WQCP for the San export facilities in the Delta may have Issue 13: A respondent stated that the Francisco Bay/Sacramento-San Joaquin actually entrained fish in greater reason for our decision not to designate Delta Estuary (95–1WR, May 1995) to proportion to abundance than in past critical habitat is not entirely clear from protect water quality and to control years. the proposed rule. Further, the water resources that affect the beneficial Issue 11: One respondent questioned respondent expressed concern that we uses of the Bay-Delta Estuary. As an the mechanism by which shallow water provide splittail with a level of interim implementation measure, the habitat has been lost in recent years. protection afforded by listing the SWRCB adopted Water Rights Order 95– The respondent stated that a significant species as threatened pursuant to the 6, which relies on the CVP and SWP to amount of marsh habitat was diked and Act rather than addressing threats to the comply with the new standards. The drained in the first part of this century, species in recovery work that is already flows identified in the water rights but relatively little reclamation of being undertaken for Delta fisheries in decision 95–6 that were implemented wetlands occurred within the last general. through section 7 of the Act with the decade. Service Response: We clarify the BOR and USEPA were intended to Service Response: We acknowledge decision not to designate critical habitat benefit splittail as well as delta smelt. that most wetland losses in the Estuary in the ‘‘Critical Habitat’’ section of this These flows would provide spawning occurred in the first part of this century. rule. Based on our analysis of threats, flows in tributaries as well as habitat The recent loss of shallow water habitat including the lack of recovery efforts and transport flows in and through the in the Estuary is due to increasing implemented and regulatory controls, Delta if the WQCP is fully implemented. salinities in Suisun Bay, a shallow area. we determined threatened status for the However, this WQCP has not proven Suisun Bay was historically fresh to splittail in this rule. The Sacramento entirely adequate to protect against the brackish much of the year and San-Joaquin Delta Native Fishes effects of entrainment both at the CVP/ important for the rearing of Delta fishes. Recovery Plan (U.S. Fish and Wildlife SWP export facilities and other Increasing salinities in the Suisun Bay Service 1996) discusses threats and agricultural and municipal water area due to decreases in outflow have needed restoration actions in detail. diversions. For example, operations of reduced available shallow water habitat Issue 14: One respondent questioned the CVP and SWP facilities were altered for splittail, primarily a freshwater the need to list splittail with current only slightly for a 3-day period of time 5970 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations in June of 1995 to reduce the effects of an important ecological indicator. It was conducted by the CDFG under the salvage on out-migrating juvenile provides an area in the estuary that is review of an interagency science splittail. This action was taken after highly productive. However, when committee (the Interagency Ecological almost 6 million juvenile splittail were located upstream, the mixing zone is not Program). The re-opening of the entrained and salvaged at the State and as productive because it is confined to comment period in 1998 was based, in Federal export facilities in the spring of deep river channels where the total part, on information in the peer- 1995. Between the middle of April and surface area is smaller, fewer shoal areas reviewed publication ‘‘Resilience of the end of June, over 6.3 million exist, water currents are swifter and Splittail in the Sacramento-San Joaquin juvenile fish were salvaged at these more turbulent, and zooplankton Estuary’’ (Sommer et al. 1997). facilities. Based on data that we productivity is low. Moreover, the status report that Meng received from ongoing monitoring Issue 16: One respondent commented prepared was peer reviewed for its programs during 1995, the vast majority that we could not support the scientific basis. That status report was of the fish were probably of San Joaquin conclusion that all size classes of the basis of an article in the River origin, where substantial splittail suffer near total loss at the Transactions of the American Fisheries spawning has not occurred in over a export facilities due to entrainment. Society, which was again peer reviewed decade. The monitoring programs Service Response: According to (Meng L. and P. Moyle, 1995). showed little juvenile production and salvage facility personnel, juvenile Additionally, the final Sacramento-San out migration from the Sacramento splittail may suffer up to 50 percent Joaquin Delta Native Fishes Recovery River. Even if a population exists mortality due to salvage at the facilities Plan (U.S. Fish and Wildlife Service upstream of the Delta, State and Federal (Scott Barrow, CDFG, pers. comm. 1996) that discussed the status of the project operations have done little, even 1995). Other forms of mortality exist splittail was subject to public comment in this new regulatory environment, to due to screen efficiency, predation, and and review. protect against entrainment of those impingement that are not quantifiable at Although obtaining raw data from fish. Additionally, exports during the this time. We have modified the rule various agencies may have been delayed out migration period change the accordingly. due to quality assurance and quality behavioral cues and hydrology that may Issue 17: Several commenters raised control, all data was available between affect the ability of juveniles to move the issue of peer review of the data and the closing of the first comment period, out of the Delta. conclusions. One commenter also stated and during both of the reopened Moreover, the SWRCB has not that there was no public access to the comment periods. Although there may completed the development of a long data. be minor differences in the final term implementation plan for the 1995 Service Response: The proposed rule analysis contained in this final rule, WQCP. The SWRCB has prepared a to list the splittail was published on these differences do not change our draft Environmental Impact Statement January 6, 1994, prior to the time that conclusion regarding the status of the that evaluates a range of potential the interagency policy on peer review species and the threats to the species. alternative actions so that responsibility (59 FR 126) was made effective on July Issue 18: The one comment received to meet the water quality objectives in 1, 1994. Despite this, we sent data used during the second comment period the 1995 WQCP can be allocated. The in the proposed rule to Dr. Bruce suggests that there may be a resident SWRCB is currently holding hearings to Herbold, USEPA; Dr. Peter Moyle, splittail population upstream of the obtain all necessary information so that University of California at Davis; and Delta in the upper reaches of the an implementation plan can be Dr. Larry Brown, U.S. Geological Survey mainstem rivers or their tributaries. developed. An experimental proposal (USGS) for their review. None of these Service Response: We agree that has been developed by stakeholders on reviewers provided written comments splittail do occur in the upper reaches the San Joaquin River along with the concerning the data. Additionally, of the Sacramento and San Joaquin Service and other State and Federal several meetings were held between the rivers in some years. While we excluded agencies. The proposal, known as the Service and CDFG’s Bay-Delta Division the beach seine data sets from the Vernalis Adaptive Management Plan during the comment period to discuss analysis of abundance (for the reasons (VAMP), would evaluate the effects of the data and methodologies used to stated in our response to Issue 2), we flow and exports on salmon, along with establish trends in abundance. The never eliminated these, or other data a barrier at the head of Old River, for the CDFG did not disagree with the data sets, from our analysis of distribution. next 12 years. It may be accepted by the used or the methodology used in the The beach seine sampling collects SWRCB and may provide some benefit analysis. relatively fewer fish, on a catch-per- to splittail, but full evaluation of the As described above, we reopened the unit-effort basis, than do the surveys benefits and impacts to the species will comment period twice, once in 1995 further down the Estuary, such as the not occur until the experiment is and again in 1998. During the reopened Chipps Island trawl. This sampling complete. We will participate in the comment period beginning in January indicates that the splittail, although implementation of VAMP. 1995, we considered a substantive issue utilizing these upstream areas, are not Issue 15: Several respondents that CDFG and others raised during the utilizing them in substantial numbers, questioned our reliance on the original comment period. The subject of and certainly not in sufficient numbers entrapment zone (the area of the Estuary the significant scientific disagreement, to constitute a population. The CDFG where saltwater and freshwater meet) that resulted in reopening the comment sponsored a special study to try and and its importance to splittail. Another period, was whether a resident determine if there were substantial respondent questioned our reliance on population of Sacramento splittail resident populations upstream of the changes in salinity and shifts in the existed in the upper rivers that was not Delta in 1994 (Baxter 1994). The results distribution of splittail upstream being detected by the current sampling of this study indicated that in 1994, the concurrent with shifts in the salinity. methodologies. The CDFG conducted a bulk of the population resided in and Service Response: We agree that there study in the Fall of 1994 to address this around Suisun Bay, Big Break, and is little if any correlation between question. The results of the study were Grizzly Bay, which correlates to the splittail abundance and the entrapment available in February of 1995 and distribution of shallow water wetlands zone. However, the entrapment zone is largely supported our listing. This study throughout this region. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5971

Issue 19: Below we summarize Long-lived is a relative term. During the wet years of 1982, 1983, comments from several respondents Compared to an annual species such as 1986, and 1995, splittail abundance concerning the Sommer et al. (1997) the delta smelt, splittail, which live for indices were high for all age classes, as paper. The respondents state the an average of 5 to 10 years, are long- sampled in the fall mid-water trawl. following reasons for not listing the lived. However, if compared to the During the wet years of 1984, 1996, and splittail—(1) The splittail is more green sturgeon, which lives to 20 to 40 1997, splittail indices were low. widely distributed and abundant than years of age, the splittail has a short life Therefore, if wet or above normal year previously thought; (2) The splittail is a span. types were the controlling factor, highly fecund, resilient, and long-lived The term resilience is also a relative essential habitat for splittail would have species with more than one year class term. Due to the larger body size, been provided and splittail numbers spawning at one time; therefore, it can splittail may be more resilient than delta should have been higher in 1984, 1996, rebound because of its high smelt to entrainment or impingement, and 1997. These data show that splittail reproductive capacity; (3) The splittail’s for example, but they are less resilient do not necessarily have high abundance range has not decreased dramatically; than larger fish such as salmon. We indices during all wet years. Even (4) The splittail is able to endure agree with the statement that more than though 1984, 1996, and 1997 were wet drought conditions and rebound in wet one year class of splittail may spawn at years, they may not have had the years; (5) Splittail are robust and can one time. However, spawning is not appropriate hydrology, water quality, handle stress at the export facilities; and always successful. Spawning success is etc., to support a large spawning class. (6) Splittail are not at risk from correlated with several factors, The timing and magnitude of flow pumping; they are taken in relative including wet years, high Delta outflow, events are likely significant parameters proportion to their abundance. and the presence of flooded vegetation. affecting splittail spawning success. Service Response: Item 1—We If these parameters are not present, then Spring flows also have to be of adequate disagree with the statement that the the splittail may have low recruitment duration and timing to provide the fish splittail is more widely distributed and to the population during that year or with flooded vegetation for escape abundant than previously thought. years. cover, foraging areas, etc. Weather Item 3—We disagree with the However, we have always asserted that patterns are too unpredictable to rely on statement that the splittail range has not in some years splittail are found in the wet years for the recovery of splittail; decreased dramatically. Historically, upper Sacramento and San Joaquin extended periods of drought would splittail were found as far north as rivers. During wet years, splittail are result in low reproduction and Redding on the Sacramento River (at the more widely distributed and may be population declines. (Also see the Battle Creek Fish Hatchery in Shasta abundant, due to more available response to Issue 6). County), as far south as the present-day Item 5—We agree that splittail are a spawning habitat. For instance, the wet site of Friant Dam on the San Joaquin robust fish. They can obtain a size of year of 1995 enabled splittail to use River, and up the tributaries of the over 40 cm total length. However, even habitats that are normally unavailable to Sacramento River as far as the current though they are a relatively large fish, them during normal to dry years. During Oroville Dam site on the Feather River they are still subject to stress at the 1995, the Yolo Bypass provided good and Folsom Dam site on the American water export facilities. Eggs and larvae habitat for spawning splittail and River. Splittail were captured in are still subject to entrainment and splittail abundance increased. The southern San Francisco Bay and at the impingement at the facilities. The Bypass provided suitable spawning mouth of Coyote Creek in Santa Clara largest losses at the pumping plants habitat only because it was a wet year County, but they are no longer present occur in wet years when up to millions and the Bypass held water later in the there. The species is, for the most part, of splittail young are lost during the year and for a longer duration than is now confined to the Delta, Suisun Bay, spring months. Although splittail typical. Therefore, when sampling was Suisun Marsh, and the Napa River, salvage better than the delta smelt, conducted during 1995, splittail seemed reflecting a significant decrease in their which cannot be salvaged at all, recent to be abundant and were found in areas, historical range. Splittail are able to use problems at the export facilities have like the Yolo Bypass, that they may not the Sutter and Yolo bypasses only in reduced the salvage of all fish. New normally be able to use. These managed wet years. In addition, these bypasses species such as the exotic mitten crab habitats cannot be relied upon during are managed artificially. have recently posed problems at the normal or dry years to provide Item 4—We disagree with the export facilities. Salvage of fish was spawning habitat unless they are statement that splittail are able to requested to be stopped until the crab consistently managed for the spawning endure drought conditions and rebound problem can be resolved. and rearing needs of splittail. During in wet years. The years 1987 through Item 6—We disagree with the dry years, splittail abundance is 1992 were consecutive dry years and comment that splittail are not at risk restricted by the availability of demonstrated low abundance indices from pumping and that they are taken spawning habitat. for splittail. During dry years, splittail in proportion to their relative Item 2—We agree that the data abundance is restricted by the abundance. Although it may appear that demonstrate that splittail are a fecund availability of spawning habitat. splittail are able to handle the stress of (fertile) species. However, even fecund However, 1993 was an above normal salvage at the export facilities, they may species can become low in abundance water year and splittail abundance not necessarily survive after release. due to poor habitat conditions for indices remained low. During 1993, Better studies are needed to determine spawning, which may occur during after the end of the dry and critically the extent of latent mortality. normal or dry years. Young-of-the-year dry years of 1987 through 1992, water Splittail are more likely to be at risk and juvenile survivability recruitment is was diverted to fill up the reservoirs during pumping, depending on the important to the splittail’s recovery. that had been depleted during the water year and where the fish are Even though splittail spawn several drought. Therefore, even though 1993 distributed during spawning. During dry thousand eggs, not all will reach was an above normal year, the years, splittail are concentrated in the adulthood. Splittail need good habitat additional water was unavailable for the few areas that have flooded vegetation for survivability to spawning age. fish to use. that can support spawning. Therefore, 5972 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations most of the population may be Flexibility Act are not applicable to day site of Friant Dam near Fresno, is concentrated in one part of the Delta, listing determinations. now primarily restricted to the Estuary potentially resulting in more take at the Regarding Executive Order 12630, due to dams, diversions, dredging, and pumps in proportion to the amount of Governmental Actions and Interference the diking and filling of historic flood fish in the system. Conversely, more with Constitutionally Protected Property basins. Within this constricted range, splittail are taken at the pumps during Rights, the Attorney General has issued splittail have declined by about 62 wet years because there is more habitat guidelines to the Department of Interior percent since 1984. However, overall available for spawning, which may (DOI) on implementation of this percentage decline over its historical result in more recruitment to that year Executive Order. Under these range is much greater. Populations have class. Depending on the distribution of guidelines, a special rule applies when fluctuated somewhat in the past, with spawning, fish may be taken in an agency within the DOI is required by most recruitment taking place in wet disproportion to their overall law to act without exercising its usual years. In wet years since 1978, however, abundance. discretion—that is, to act solely upon splittail recruitment has declined Issue 20: Several respondents stated specified criteria that leave the agency consistently with catch-per-unit-effort of that programs and agreements like the no discretion. 12.3, 8.1, 2.0, 1.3, and 0.3 for 1978, Bay/Delta Accord, CALFED (a In this rulemaking context, we might 1982, 1983, 1986, and 1993, consortium of State and Federal be subject to legal challenge if we respectively. The updated data from agencies convened to address water considered or acted upon economic CDFG demonstrate the same decline by issues in California), and VAMP will data. In these cases, the Attorney wet years, with 37.3, 15.5, 8.9, 7.3, and result in recovery of splittail. Therefore, General’s guidelines state that Takings 0.6 in 1993. Other wet year data include there is no need to list the species. Implications Assessments (TIAs) shall 1995, 1996, and 1997. These indices are Service Response: We agree that the be prepared after, rather than before, the 44.5, 2.1, and 2.6, respectively. threats associated with the degradation agency makes the decision upon which However, as stated before, 1995 was a of the Delta may be lessened by the its discretion is restricted. The purpose very wet year and there was suitable successful implementation of the Bay/ of TIAs in these special circumstances spawning habitat for splittail in the Delta Accord, CALFED, Central valley is to inform policy makers of areas Estuary. The 1995 data point does not Project Improvement Act (CVPIA), and where unavoidable fifth amendment represent a reversal in the decline of the VAMP. However, to date, the results of taking exposures might exist. Such TIAs species. Splittail declines are highest these agreements and programs have not shall not be considered in the making of (82 percent/83 percent with updated been quantified due to subsequent wet administrative decisions that must, by data) in the shallow water Suisun Bay years that did not require regulatory law, be made without regard to their area, the center of its distribution. intervention for delivery of water for economic impact. Therefore, as stated above, wet years are fish species. At this time, it cannot be As described above, Congress not always indicative of high abundance determined whether these actions have required us to list species based solely indices. However, the current data do been implemented to an extent that will upon scientific and commercial data not indicate a change in this trend. prevent the splittail from becoming indicating whether or not they are in endangered within the foreseeable danger of extinction. The Act does not Delta water diversions and exports future. allow us to withhold a listing based on currently total about 9 million acre-feet Issue 21: A respondent stated that we concerns regarding economic impact. per year, but plans now being prepared failed to comply with the Regulatory The provisions of the guidelines relating could increase exports and diversions in Flexibility Act and Executive Order to nondiscretionary actions clearly are the future. The Federal and State water 12630. applicable to the determination of projects presently export about 6 Service Response: The Endangered threatened status for the Sacramento million acre-feet per year from the Delta Species Act requires that listing splittail. when sufficient water is available, and decisions be made solely on the basis of in-Delta agricultural uses result in biological information. The legislative Summary of Factors Affecting the diversion of about 3 million additional history to the Endangered Species Act Species acre-feet per year. We know of 21 major amendments of 1982 states: After thorough review and Central Valley Project, State Water ‘‘The Committee of Conference * ** consideration of all the best scientific Project, or private organization adopted the House language which and commercial information available, proposals that would result in increased requires the Secretary to base we have determined that the water exports from the Delta, reduced determinations regarding the listing or Sacramento splittail should be classified water inflow to the Delta, changes in delisting of species ‘solely’ on the basis as a threatened species. Procedures timing and volume of Delta inflow, or of the best scientific and commercial found at section 4 of the Act and increases in heavy metal contamination data available to him. As noted in the regulations implementing the listing of the Delta. These proposed projects or House Report, economic considerations provisions of the Act (50 CFR part 424) actions include but are not limited to have no relevance to determinations were followed. A species may be revisions to the Central Valley Project regarding the status of species and the determined to be endangered or Operations Criteria and Plan, Los Banos economic analysis requirements of threatened because of one or more of the Grandes Reservoir, Los Vaqueros Executive Order 12291, and such five factors described in section 4(a)(1). Reservoir, South Delta Water statutes as the Regulatory Flexibility Act These factors and their application to Management Program, North Delta and the Paperwork Reduction Act, will the Sacramento splittail (Pogonichthys Water Management Project, West Delta not apply to any phase of the listing macrolepidotus) are as follows: Water Management Project, Delta process.’’ (H.R. Conf. Rep. No. 567, 97th A. The present or threatened Wetlands Corporation Water Storage Cong., 2d Sess. 12, 19–20 (1982); S. Rep. destruction, modification, or Project, Folsom Dam Reoperation, No. 418, 97th Cong., 2d Sess. 4 (1982)). curtailment of its habitat or range. The Oroville Dam Reoperation, Auburn In consultation with our Solicitor’s Sacramento splittail, once widely Dam, Central Valley Project contract Office, we have concluded that the distributed in the Central Valley of renewals and amendments such as those analyses required by the Regulatory California from Redding to the modern- on the American River that include the Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5973

Sacramento County water contracts, diversion rates are high relative to Delta large geographic area with extensive East Bay Municipal Utilities District outflow, the lower San Joaquin River shoal regions within the euphotic zone water contract, as well as other and other channels have a net upstream (depths less than 4 meters), such as increases in diversions resulting from (i.e., reverse or negative) flow. Out- Suisun and Grizzly bays. Fall mid-water the American River Water Forum migrating larval and juvenile fish of trawl survey data collected by CDFG process. Other water contracts renewals many species become disoriented due to indicate that 72 percent of the splittail include the Solano County Water reverse flows. Fish, including captured from 1967 to 1992 in the District. Contra Costa Water District is Sacramento splittail, delta smelt, longfin Estuary were taken in the shallow water currently proposing to increase their smelt (Spirinchus thaleichthys), and all areas of Suisun and Grizzly bays (Meng diversions for future water supply. The runs of salmon and steelhead are lost at 1993). Central Valley Project and State Water pumps and to predation at various water During periods of drought and Project wheeling purchase agreement, facilities and other diversion sites. increased water diversions, the reactivation of the San Luis Drain, Because data from State and Federal entrapment zone and associated fish Stanislaus-Calaveras River Basin Water pumping facilities indicate that splittail populations are shifted farther upstream Use Program, Suisun Marsh Project migrate upstream to spawn, positive in the Estuary. During years prior to Phase Three and Four, Federal Water outflows are also important to transport 1984, the entrapment zone was located Project change in diversion point, and splittail young downstream (Meng in Suisun Bay from October through State Water Project Pump additions. All 1993). March (except in months with of these projects would impact the In recent years, the number of days of exceptionally high outflows or during habitat of the splittail. reversed San Joaquin River flow have years of extreme drought). From April Changes in water diversions are most increased (Moyle et al. 1992), through September, the entrapment likely at the State Water Project. For the particularly during the February-June zone usually was located upstream in most part, the Federal pumping plant spawning months for splittail. Reverse the river channels. Since 1984, with the has operated at capacity for many years flows in the San Joaquin River may exception of the record 1986 flood (pumping at rates up to 4,600 cubic feet transport more splittail young towards outflows, the entrapment zone has been per second (cfs)), so increased exports at pumping facilities in the south Delta located primarily in the river channels this plant are unlikely. However, the where the splittail are entrained by during the entire year because of State Water Project pumping plant and pumps and diversions. The survival rate drought and increased water exports capacity of the State Aqueduct have of splittail salvaged from entrainment is and diversions. When located upstream, considerable unused capacity. The State unknown. However, salvage operations the entrapment zone is confined to deep Water Project currently pumps at rates have been shown to result in 50 percent river channels where the total surface up to 6,400 cfs and plans to increase losses of salvaged fish (Scott Barrow, area is smaller, fewer shoal areas exist, pumping rates by more than 50 percent. DFG, pers. comm. 1995) (see factors C water currents are swifter and more Local private diverters are relatively and E of this section for more discussion turbulent, and zooplankton productivity stable and export up to 5,000 cfs from about entrainment and salvage). is low. In all respects, the upstream about 1,800 diversions scattered With full implementation of the river channels are much less favorable throughout the Delta. The DWR (1992) WQCP for the Sacramento-San Joaquin for rearing of splittail. Splittail declines reported past and projected State Water Estuary (described below) we anticipate since 1984 have been concurrent with Project deliveries from Delta sources an overall reduction of the number of an increasing amount and proportion of during the years of 1962 to 2035. In the days of reverse flow in the lower San freshwater diversions that confine the 1980s, deliveries ranged from 1.5 Joaquin River during the spring period. mixing zone to narrow, deep, and less million acre-feet to 2.8 million acre-feet. Pumping will shift from the spring productive channels in the lower rivers. By 2010, deliveries of up to 4.2 million period to later in the year. This Recent research indicates that splittail acre-feet are planned. pumping will likely have to be will use the Yolo and Sutter bypasses Since 1983, the proportion of water supported by reservoir withdrawals. during the winter and spring months for exported from the Delta during October Reservoir releases in the spring may not foraging and spawning (Sommer et al. through March has been higher than in be as frequent depending on how much 1997). The bypasses are two extensive earlier years (Moyle et al. 1992). space is available in the reservoirs floodplain areas used for flood control, Changes in timing and amounts of carried over from the previous year. agriculture, and wildlife habitat. The exports affect fish migration and Increasing demand will also require bypasses serve as a control outlet for the spawning habits, as well as operations more support from reservoirs for export, Sacramento River, which historically of upstream water storage facilities. which will alter the flow patterns. flooded large areas of the adjacent valley Dampening of peak spring flows by Changes in reservoir operations and during high water events in the winter springtime diversions to storage ramping rates for flood control may and spring. The water from the facilities to replenish depleted affect shallow water spawning habitat Sacramento River is diverted to the reservoirs has deleterious effects on along river corridors and exacerbate bypasses through a passive system of estuarine species such as the splittail, stranding of splittail. weirs. Water enters the Yolo Bypass which have evolved in a system with Estuaries are ecosystems where the from the Sacramento River via the periodic spring flooding. mixing zone and salinity levels are Fremont and Sacramento Weirs. The Federal and State water diversion determined by interaction of river Sutter Bypass is inundated through the projects in the southern Delta export, by outflow and tidal action. Splittail are Tisdale Weir. absolute volume, mostly Sacramento most abundant in the shallow water of In 1995, the bypasses provided good River water with some San Joaquin Suisun Bay, which is historically habitat for fish, particularly splittail River water. During periods of high associated with the entrapment zone. because it was an extremely wet year export pumping and low to moderate The young of this species require high and the bypasses were flooded for river flows, reaches of the San Joaquin zooplankton densities, which are several weeks in March and April. River reverse direction and flow common in the entrapment zone. However, the bypasses do not get upstream to the pumping plants located Production of zooplankton increases flooded at all in dry and critically dry in the southern Delta. When total when the entrapment zone occupies a years. Therefore, during those years, 5974 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations when splittail would need the habitat no recent records of splittail harvest enactment of the CVPIA (Pub. L. 102– the most, it is not provided by the exist, probably because little or no 575) under the National Environmental bypasses. harvest now occurs due to its declines. Policy Act (NEPA) and the The Yolo Bypass is inundated Records of splittail harvest are also Programmatic Environmental Impact whenever the Sacramento River stage at sketchy because identification of this Statement currently under development. Fremont Weir exceeds 33.5 feet. About species is often confused with other The CVPIA may benefit the splittail, but 3/4 of the years going back to the mid- nongame species. No other recreational does not adequately protect the species 1930s have had overflows into the Yolo or educational uses of this species exist at this time. Two of the stated purposes Bypass. Even though the water was high that may affect its abundance. of the CVPIA are to ‘‘protect, restore, enough to overtop the Fremont Weir, C. Disease or predation. Predation is and enhance fish, wildlife, and the water may not have stayed on the thought to be a relatively minor factor associated habitats in the Central Valley Bypass consistently nor long enough to affecting the Sacramento splittail, and Trinity River basins of California’’ benefit splittail. especially compared to the other factors and ‘‘to contribute to the State of Under current water management discussed in this final rule. Striped bass California’s interim and long term practices, the bypasses cannot be relied and other predatory fish are attracted to efforts to protect the San Francisco Bay- upon throughout any given spawning concentrated prey at fish salvage release Sacramento-San Joaquin Delta Estuary.’’ season to provide habitat for splittail. As sites, such as occur at Clifton Court Section 3406(b)(2) dedicates 800,000 mentioned above, water is placed onto Forebay. The salvaged fish, including acre-feet of Central Valley Project yield the bypasses by overtopping of weirs splittail, are collected from holding annually to implement fish, wildlife, along the Sacramento River. The wells of the salvage facilities, placed in and habitat restoration, and to help flooding of the bypasses is sporadic at the salvage trucks, transported to the federally listed species. The 800,000 best. The volume of water varies from release sites, and deposited in bulk from acre-feet identified in the CVPIA may be year to year as well as does the time of a pipe running from the truck to a near- used to meet the DOI’s obligations year when the bypasses are inundated. shore area, thus resulting in predator under the Bay-Delta Accord (discussed The water may be placed intermittently attraction. Fifty percent of the released below). The rest of the water can be on the bypasses, depending on how fish are lost (Scott Barrow, CDFG, pers. used for instream flows, additional much rainfall occurs at any given time. comm. 1995). These losses are largely Delta outflow, and the other purposes of For instance, water has been placed due to attraction of predatory fish to the the CVPIA. Because of the multiple onto the Yolo Bypass as early as release site of the salvage operations. purposes of the CVPIA, flows may be December and has remained on the Splittail and striped bass, however, provided at times of the year that may Bypass as late as May. Water has also coexisted for decades in the Estuary and not benefit splittail, such as spawning been placed on the Bypass for a short recent declines in splittail have flows in the fall for salmon. time and drained off. The water could occurred in conjunction with striped Additionally, because of the need to be drained off at some point during the bass population declines. Increases in balance these flows for all uses under season and then with more heavy striped bass populations could threaten the CVPIA, certain spring flows may be rainfall, the bypasses could become reduced numbers of splittail. Recently, less than what is fully needed for spring flooded again. Therefore, these systems the CDFG has foregone striped bass spawning of splittail. We anticipate that would not provide suitable spawning stocking or modified their striped bass splittail will benefit from habitat consistently for splittail. Also, management because of potential harm implementation of the CVPIA, although the bypasses do not drain at consistent to federally listed Sacramento River the magnitude and timeliness of these levels. There are pockets and holes that winter-run chinook salmon and delta protections may be inadequate to form which may trap and strand fish as smelt. the water drains. During some years, the Susceptibility to disease, due to poor prevent further decline of splittail. On bypasses do not have enough water or water quality, may be a factor in the November 20, 1997, the DOI announced retain water long enough to allow fish decline of splittail. Workers at State and its decision regarding use of the 800,000 to enter the bypasses, spawn, and then Federal water project facilities in the acre-feet of water identified in the grow to a size that will allow them to south Delta have reported high CVPIA. The decision is to be out-migrate. The artificial systems of the incidences of adult splittail in poor implemented for the next 5 years and Yolo and Sutter bypasses, as currently health. The south Delta is dominated by involves not only upstream actions but managed, cannot be relied upon to San Joaquin River flow, a large part of also actions in the Delta which may recover the splittail. The bypasses which is made up of agricultural benefit splittail. However, since the provide accessible and suitable splittail drainage. Pesticides (e.g., chlorpyrifos, Central Valley Project represents only a spawning habitat only during wet years carbofuran, and diazinon), salts (e.g., portion of the water development where the water consistently remains on sulfates, selenium), and total dissolved projects in the Central Valley, the the bypasses for an extended period of solids from this drainage are CVPIA is likely insufficient to fully time, as in 1995. concentrated by reverse San Joaquin protect splittail at this time. B. Overutilization for commercial, River flows and result in poor water Protective measures currently being recreational, scientific, or educational quality (Dennis Westcot, Central Valley implemented to benefit the delta smelt purposes. Overutilization is not known Regional Water Quality Control Board, may benefit the splittail, such as to be a factor affecting this species. pers. comm.). restrictions on pumping under certain Some scientific collecting is conducted D. The inadequacy of existing conditions. However, the ecological for splittail but these activities do not regulatory mechanisms. Regulatory requirements of these species differ, adversely affect this species. Striped mechanisms currently in effect do not especially with respect to timing of bass anglers report occasional use of adequately protect the splittail or its important development stages and splittail as bait, but this usage is thought habitat. This species is not listed by the habitat uses. Unlike delta smelt, splittail to have little effect on the species. A State of California. require flooded lowland habitat for small fishery for splittail used to exist We are analyzing the potential effects spawning and are particularly in the Sacramento River (Daniels and on splittail and other fish and wildlife vulnerable to disturbance or destruction Moyle 1983, Caywood 1974). However, resources in California as a result of of marshy habitat. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5975

The Suisun Bay area, including likely protect fish and wildlife, they existing mechanisms can contribute to Suisun Marsh, is the best known habitat have not been adequately tested over the protection of this species. Records show for splittail, but this habitat has been past 4 years due to the extreme wet that the previous salinity standards adversely altered by higher salinities in conditions. contained in the SWRCB’s Water Rights the spring. These higher salinities are Present regulatory processes do not Decision 1485 were inconsistently caused by operations of reservoirs that ensure that water inflows to Suisun Bay implemented and frequently violated. divert water to storage as well as exports and the western Estuary will be Among other things, the Bay-Delta from the Delta that allow seawater to adequate to maintain the mixing zone Accord was intended to provide for intrude farther upstream in Suisun near or in Suisun Bay to benefit splittail. increased flexibility in the water project Marsh. Prior to the Bay-Delta Accord/ The SWRCB has the authority to operations to respond to ecological WQCP, there were relatively few condition or require changes in the needs. Appropriate use of this increased periods when freshwater outflows of amount of water inflow and the amount flexibility may have demonstrated that any significance were mandated to be of water exported or diverted from the the established regulatory mechanisms released through the Delta and Suisun Delta. In testimony given before the were sufficient to protect splittail. Bay for wildlife or fisheries. State and SWRCB’s Water Quality/Water Rights However, even though splittail were Federal agencies had planned to Hearings in 1987, one of our biologists proposed for listing before the Bay-Delta increase 1991 and 1992 water supplies expressed concern for several Delta Accord was signed, water project for out-of-stream uses at the expense of species, including splittail (Lorentzen operations have rarely been changed to environmental protection of estuarine 1987). The SWRCB did not take provide protection for splittail. In 1995, fish and wildlife resources in the fifth regulatory or legal action to protect this for example, a wet year that afforded and potentially sixth years of drought fish or its habitat during the following opportunities to significantly reverse the (Morat 1991). Because of significantly 4 years. On May 1, 1991, the SWRCB decline of splittail while maintaining higher than normal precipitation and adopted the WQCP for Salinity for the water supply, more than 6.3 million subsequent higher instream flows after San Francisco Bay-Sacramento-San juvenile splittail were entrained at the March 1991, a State agency request for Joaquin Delta Estuary (1991 Bay/Delta CVP and SWP facilities in 2 months relaxation of Delta water quality Plan). On September 3, 1991, under from late April to late June. Of these standards was withdrawn. provisions of the Clean Water Act, the fish, at least 50 percent were lost due to Subsequently, on December 15, 1994, USEPA disapproved certain water transport and release. Predation in the Federal government, the State of quality standards due to the SWRCB’s Clifton Court Forebay, inefficiency in California, and urban, agricultural and failure to adopt criteria to protect screening fish from diversion facilities, environmental interests agreed to the estuarine habitat. In April 1992, the and handling most likely increased this Principles for Agreement on a Governor of California announced a new percentage. Despite the availability of comprehensive, coordinated package of water policy that included a directive to the mechanism for increased flexibility actions designed to provide interim the SWRCB to establish ‘‘interim in project operations provided by the protection to the San Francisco Bay and measures’’ to reverse the decline of Bay-Delta Accord, operations of the CVP Sacramento-San Joaquin River Delta fishes in the Bay and Delta. and SWP were changed for only one 3- Estuary. That agreement is referred to as Accordingly, the SWRCB released an day period in late June of 1995 to the 1994 Bay-Delta Accord (Accord). interim water quality plan (Draft minimize entrainment of splittail. Thus, The Accord was recently extended to Decision 1630) in December 1992 that an opportunity to significantly increase December 15, 1999. The Accord immediately was suspended by the abundance and distribution of splittail, established parameters to protect the Governor. In 1993, the USEPA began the and the opportunity to reverse the beneficial uses of the Bay-Delta Estuary. process of forming replacement decline of the species was lost. Among these beneficial uses are standards for those portions of the 1991 As a direct result of a Framework objectives to ensure adequate Delta Bay/Delta Plan that were disapproved. Agreement, the Federal and State outflow for the maintenance of suitable Before USEPA’s final rule on Water governments established the CALFED habitat for various life stages of aquatic Quality Standards for Surface Waters of Bay-Delta Program (Program). This organisms and objectives for export the Sacramento River, San Joaquin Program is a cooperative effort of the limits to protect the habitat of estuarine- River, and San Francisco Bay and Delta DOI, the U.S. Department of Commerce, dependent species and reduce their became effective on December 14, 1994, the USEPA, the California entrainment at the major export pumps and as a result of Bay-Delta Accord that Environmental Protection Agency, and in the southern Delta. was signed on December 15, 1994, the the California Resources Agency, with The X2 standard provides outflows to SWRCB issued and adopted Water the involved public formally maintain low salinity (2 parts per Rights Order 95–6. The protections participating through the Bay-Delta thousand) habitat at three distinct areas contained in this Water Rights Order Advisory Council. The mission of the in the Bay-Delta: 1) the confluence of were determined to be roughly Program is to develop a long term the Sacramento and San Joaquin rivers, equivalent to the protections in comprehensive plan that will restore 2) Chipps Island, and 3) Roe Island. USEPA’s final rule on water quality ecological health and improve water Compliance of this standard will standards, and USEPA’s rule was management for all beneficial uses of provide variability for aquatic organisms withdrawn. Although the SWRCB has the Bay-Delta system. The plan will and aid in their recovery. The E/I ratio issued a draft Environmental Impact specifically address fish and wildlife establishes a combined export rate Report (EIR), no long term protection, water supply reliability, (Clifton Court Forebay inflow plus implementation plan has been levee stability, and water quality issues export at the Tracy Pumping Plant) developed or actually implemented for in the Delta. We are an active based on the best available estimate of the new water quality plan. Substantial participant in the Program and we the Eight River Index. When the opposition exists to certain believe that the eventual estimate of the Eight River Index is implementation measures identified in implementation of the plan will ultimately made, the export facilities EIR. Institutional guarantees of contribute to the protection and may then pump a set percentage of Delta compliance have been lacking in the recovery of the Sacramento splittail. inflow. Although these parameters will past and are needed in the future before However, the plan is not yet developed; 5976 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations we cannot evaluate specific screens) at the State and Federal salvage be similarly affected by agricultural and conservation measures until they have facilities that were designed using industrial chemical runoff, particularly been identified, described, and striped bass and salmonid criteria, also because, like striped bass, adults committed to in an approved final plan. are not appropriate for splittail. Release migrate upriver to spawn and young As a result of the Bay-Delta Accord, sites for salvaged fish attract predators, rear upriver until waters recede in late a program was established to implement likely resulting in low survivorship spring. non-flow related actions to benefit fish overall (Lloyd Hess, BOR, pers. comm. Some heavy metal contaminants have and wildlife resources. This program is 1995). Also, it is likely that few young been released into the Estuary from known as Category III. The Category III survive salvaging at the Federal and industrial, urban, and mining program is funded by Federal, State, and State pumping plants because juveniles enterprises. While the effects of these non-governmental organizations and of most fish species are more delicate contaminating compounds on splittail was funded with $60 million annually than adults. larvae and their zooplankton food for the first 3 years of the Bay-Delta Poor water quality also may adversely resources are not well known, the Accord. There was approximately $10 affect splittail, through direct exposure compounds could adversely affect million dollars funded in the first year to toxins, which increases vulnerability survival. In addition, increases in urban by the Metropolitan Water District to disease as described above in Factor development in the Sacramento Valley (MWD). The MWD contributed the same C, and depletion of zooplankton and will continue to result in concurrent amount in the second year, with invertebrate food sources. All major increases in urban runoff. Selenium has approximately $2–4 million contributed rivers that are tributary to the Estuary been found in aquatic organisms (Saiki by other water districts and agencies. In are exposed to large volumes of and Lowe 1987, Henderson et al. 1995) November 1996, California voters agricultural and industrial chemicals and fish species in the San Joaquin passed Proposition 204, which provided that are applied in the Central Valley River watershed (Nakamoto and Hassler State funds for the Category III activities watershed (Nichols et al. 1986). 1992). Selenium has been shown to as well as other CALFED activities. In Agricultural chemicals and their cause reproductive failure, 1997 the Federal government passed an residues, as well as chemicals developmental defects, and mortality of $85 million appropriation for Category originating in urban runoff, find their fish species (Hermanutz 1992, Skorupa III activities and CALFED functions. In way into the rivers and Estuary. et al. 1996). the Fall of 1997, CALFED awarded Approximately 10 percent of the total In recent years, untreated discharges $60.6 million dollars toward proposals pesticide use in the United States occurs of ship ballast water has introduced under the Category III program. Some of in the Sacramento and San Joaquin exotic aquatic species to the Estuary these proposals will benefit splittail River watersheds (Kuivila and Foe ecosystem (Carlton et al. 1990). Several through habitat enhancement or 1995). Recently, high concentrations of exotic species may adversely affect the restoration. Some of these projects have organophosphate and carbamate splittail. An Asian clam (Potamocorbula been implemented. However, due to the pesticides from agricultural uses have amurensis), introduced as veliger larvae time frame required to see if the project been documented entering the Estuary. in 1986, was first discovered in Suisun has met its objective, that is, to provide These pesticides are acutely and Bay during October 1986. By June 1987, suitable spawning habitat for splittail, chronically toxic to zooplankton and the Asian clam was widespread in we cannot determine if these projects fishes as far west as Martinez in Suisun Suisun, San Pablo, and San Francisco will be successful. However, because Bay and as far south as Vernalis on the bays irrespective of salinity, water Category III projects are not intended to San Joaquin River (Foe 1995, Bailey et depth, and sediment type at densities enhance flow conditions in the Delta or al. unknown date). The periods of greater than 10,000 individuals per its tributaries, it cannot provide needed pesticide use coincide with the timing square meter. Asian clam densities flows. of migration, spawning, and early declined to 4,000 individuals per square E. Other natural or manmade factors development of splittail. During rainfall meter as the population aged during the affecting its continued existence. runoff events, acutely toxic pulses of year (Carlton et al. 1990). Persistently Splittail are vulnerable to natural pesticides move down the rivers and low river outflow and concomitant events, such as drought, because of the through the Estuary with remarkable elevated salinity levels may have consistent decline in population indices persistence and relatively little dilution contributed to this species’ population and severely constricted range and (Kuivila and Foe 1995). explosion (Carlton et al. 1990). The distribution. Drought will reduce the Toxicology studies of rice field Asian clam could potentially play an available spawning area for the splittail irrigation drain water of the Colusa important role in affecting the because of reduced instream flows. Basin Drainage Canal have documented phytoplankton dynamics in the Estuary. Because the range is already restricted significant toxicity of drain water to The clam may have an effect on higher and the population has declined, a striped bass embryos and larvae, trophic levels by decreasing prolonged natural event such as drought Oryzias latipes larvae (in the phytoplankton biomass. (compounded by exports and diversions Cyprinodontidae family), and opossum The Chinese mitten crab (Eriocheir described in Factor A) could endanger shrimp, which is the major food sinensis), has also been recently the splittail. organism of striped bass larvae and introduced to the Delta, either by Unscreened or inefficiently screened juveniles (Bailey et al. 1991), as well as deliberate release to establish a fishery municipal, agricultural, and industrial all age classes of splittail. This drainage or through accidental release via ballast water diversions and other water canal flows into the Sacramento River water. The Chinese mitten crab has facilities are a significant problem for just north of the City of Sacramento. The interfered with the ability to effectively the splittail. It is estimated that there are majority of drain water samples salvage fish at the export facilities by currently over 1800 unscreened collected during April and May 1990 clogging the internal piping. diversions in the Delta. Screens are were acutely toxic to striped bass larvae Historically, Eurytemora affinis, the currently designed for striped bass and (96-hour exposures); this was the third native euryhaline copepod, has been the salmonids. Approach velocities and consecutive year rice irrigation drain most important food for larval fishes in mesh sizes are therefore not appropriate water from the Colusa Basin was acutely the Estuary. Three non-native species of for splittail. Behavioral barriers (louver toxic (Bailey et al. 1991). Splittail may euryhaline copepods (Sinocalanus Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5977 doerrii, Pseudodiaptomus forbesi, and listing under the Act is no longer flooded vegetation, (4) alteration of P. marinus) became established in the necessary. shallow water areas containing Delta between 1978 and 1987 (Carlton et Section 4(a)(3) of the Act, and submergent (under water) and/or al. 1990), while E. affinis populations implementing regulations (50 CFR emergent (above the water surface) have declined since 1980. It is not 424.12) require that, to the maximum vegetation, and (5) construction of known if the exotic species have extent prudent and determinable, the structures that interfere with migration displaced E. affinis or whether changes Secretary designate critical habitat at the patterns or block free access to in the estuarine ecosystem now favor S. time the species is listed. The spawning or rearing areas. Although the doerrii and the two Pseudodiaptomus regulations (50 CFR 424.12(a)(1)) state splittail is a wide ranging species, species (Moyle et al. 1989). Sinocalanus that designation of critical habitat is not actions affecting habitat can have doerrii is difficult for larval fishes to prudent when one or both of the relatively large impacts to the catch because of its fast swimming and following situations exist—(1) the population. For example, an activity effective escape response (Meng and species is threatened by taking or other that destroys or degrades, or blocks Orsi 1991). Reduced feeding efficiency human activity, and identification of access to, an important spawning site and ingestion rates weaken and slow the critical habitat can be expected to could result in reproductive failure of a growth of splittail young and make them increase the degree of threat to the significant portion of the population more vulnerable to starvation or species, or (2) such designation of affecting population size and age predation. critical habitat would not be beneficial structure in following years. For the We have carefully assessed the best to the species. We have determined that Sacramento splittail, we have scientific and commercial information designation of critical habitat for the determined that, were critical habitat available regarding past, present, and Sacramento splittail is not prudent. designated, it would include no areas Critical habitat receives consideration future threats faced by this species in that would not be subject to under section 7 of the Act. Section this listing determination. Sacramento consultation under the jeopardy 7(a)(2) requires Federal agencies to splittail have declined by 62 percent standard. Moreover, we have consult with the Service to ensure that over the last 15 years. This species has determined that the level of habitat any action they carry out, authorize, or been effectively extirpated from the impact necessary to result in a fund does not jeopardize the continued determination of destruction or adverse majority of its range and is now existence of a federally listed species or vulnerable to numerous threats in the modification of critical habitat (were we destroy or adversely modify designated to designate critical habitat for the Estuary as discussed above. Because critical habitat. The Service’s Sacramento splittail are long-lived, their splittail) would also result in a implementing regulations (50 CFR part determination of jeopardy to the decline has been gradual, and extinction 402) define ‘‘jeopardize the continuing species. Therefore, were critical habitat is not imminent, listing the splittail as existence of’’ and ‘‘destruction or to be designated for the splittail, no endangered would not be appropriate. adverse modification of’’ in very similar additional section 7 consultations Although this species is not in terms. To jeopardize the continuing beyond those caused by the listing itself imminent danger of extinction, it is existence of a species means to engage would take place, nor would the likely to become endangered in the in an action ‘‘that reasonably would be practical result of any such foreseeable future if present threats and expected, directly or indirectly, to consultations differ. current population trends continue. reduce appreciably the likelihood of To date, we have prepared 284 Therefore, based on the evaluation of all both the survival and recovery of a conference reports for the Sacramento available information on abundance, listed species by reducing the splittail for projects involving changes present distribution, and threats to this reproduction, numbers, or distribution in hydrology, availability of spawning species, we have determined that listing of that species.’’ Destruction or adverse habitat, migratory cues, and other the Sacramento splittail as threatened is modification of habitat means a ‘‘direct behavioral patterns as well as potential appropriate at this time. Critical habitat or indirect alteration that appreciably increase in entrainment. Three of these is not designated for reasons discussed diminishes the value of critical habitat conferences resulted in initial draft in the ‘‘Critical Habitat’’ section of this for both the survival and recovery of a jeopardy determinations. These draft rule. listed species in the wild.’’ Common to jeopardy determinations provide Critical Habitat both definitions is an appreciable evidence that, by their very nature, detrimental effect to both the survival impacts to splittail habitat that would Critical habitat is defined in section 3 and recovery of a listed species. result in a determination of adverse of the Act as—(i) the specific areas For any listed species, an analysis to modification would result in a within the geographical area occupied determine jeopardy under section determination of jeopardy to the by a species, at the time it is listed in 7(a)(2) would consider impacts to the species. For these projects, the habitat accordance with section 4 of the Act, on species resulting from impacts to impacts were the primary basis for the which are found those physical or habitat. Therefore, an analysis to jeopardy determinations. biological features (I) essential to the determine jeopardy would include an The three projects that resulted in conservation of the species and (II) analysis closely parallel to or, for the initial draft jeopardy conference reports which may require special management splittail, equivalent to an analysis to included the proposed Delta Wetlands considerations or protection and; (ii) determine adverse modification of Project (March 1996) (this project has specific areas outside the geographical critical habitat. For the Sacramento since been modified to avoid jeopardy), area occupied by a species at the time splittail, any modification to suitable proposed modifications to the south it is listed, upon determination that habitat within the species’ range has the Delta Temporary Barrier Program such areas are essential for the potential to affect the species. Actions (January 1997), and the proposed conservation of the species. that may affect the habitat of the splittail Interim South Delta Program (April ‘‘Conservation’’ as defined in section include, but are not limited to—(1) 1998). The consultations and 3(3) of the Act means the use of all reduction of fresh water flows, (2) conferences for these projects addressed methods and procedures needed to degradation of water quality, (3) the adverse effects on the delta smelt, its bring the species to the point at which reduction in the quality or quantity of critical habitat, and the Sacramento 5978 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations splittail. With respect to each project, listed species (e.g., the northern spotted parties. We will continue to inform and we concluded that it was likely to owl (Strix occidentalis caurina) in educate the public and private jeopardize the continued existence of Oregon, Washington, and California). landowners within the range of the both species, and to cause the We are concerned that designating species through the dissemination of destruction or adverse modification of critical habitat increases the likelihood additional information including copies the delta smelt’s critical habitat. In each of intentional acts of vandalism and of the final rule, fact sheets, and of these examples, we expressly found habitat destruction due to widespread question and answer sheets explaining that an activity that would destroy or public misunderstanding of critical relevant parts of the Act to the parties adversely modify critical habitat for the habitat. Within the general area where listed above. delta smelt would also jeopardize its splittail occur, we have documented a In addition, up-to-date information continued existence. In each case, the number of cases where habitat for listed about the splittail and its habitat, as project’s primary impacts to the species was deliberately vandalized or well as detailed information about the splittail, and the primary bases for our destroyed to avoid dealing with Bay-Delta ecosystem and other areas conclusion that the splittail would be endangered species regulatory issues. critical to conserving species that utilize jeopardized by the project, were habitat Vernal pools, which provide habitat for the Bay-Delta, is already widely impacts. Moreover, had critical habitat several listed and candidate species, disseminated to private landowners and been proposed for the splittail, neither including the giant garter snake to entities or individuals that may these conferences nor any of the others (Thamnophis gigas), have been affected propose projects that could affect regarding the splittail would have negatively by landowners rerouting splittail. As discussed above in Factor E resulted in a finding of adverse stream courses in order to eliminate in the ‘‘Summary of Factors Affecting modification without a complementary potential endangered species regulatory the Species’’ section, the CALFED finding of jeopardy. effects (F. Muth, Fish and Wildlife Program is a cooperative effort to Apart from section 7, the Act provides Service, pers. comm.). We have develop a long term comprehensive no additional protection to lands documented the deliberate destruction plan to restore ecological health and designated as critical habitat. of habitat for giant garter snakes (K. improve water management for all Designating critical habitat does not Hornaday, Fish and Wildlife Service, beneficial uses of the Bay-Delta system. create a management plan for the areas pers. comm.) and valley elderberry In the process of developing a long term where the species occurs; does not longhorn beetles (Desmocerus plan, CALFED has held numerous establish numerical population goals or californicus dimorphus) (B. Cordone, public meetings, workshops, and prescribe specific management actions Fish and Wildlife Service, pers. comm.; hearings throughout the State to receive (inside or outside of critical habitat); S. Pearson, Fish and Wildlife Service, information from the public, as well as and does not have a direct effect on pers. comm.; D. Weinrich, Fish and to inform the public about the program’s areas not designated as critical habitat. Wildlife Service, pers. comm.; B. Twedt, goals and ecological needs of the A designation of critical habitat that Fish and Wildlife Service, pers. comm.) species, including splittail. CALFED includes private lands would only affect along irrigation canals within the same maintains an extensive mailing list in actions where a Federal nexus is present general areas where the splittail occurs. order to keep landowners, local, State, and would not confer any additional We are concerned that designation of and Federal entities, as well as the benefit beyond that already provided critical habitat for the splittail may interested public, apprised of CALFED’s through section 7 consultation under precipitate further habitat destruction actions and the ecological needs of the the jeopardy standard. Designation of affecting splittail and the other species species that utilize the Bay-Delta critical habitat on private lands could, in these habitats. ecosystem and other areas necessary for however, result in a detriment to the We acknowledge that in some the conservation of species, including species. The regulatory effect of critical situations critical habitat designation splittail. habitat designation is often may provide some value to the species Regarding any potential benefit misunderstood by private landowners, by notifying the public about areas provided by informing other Federal particularly those whose property important for the species’ conservation and State agencies about the splittail, boundaries are included within a and calling attention to those areas in the knowledge of the range and habitat general description of critical habitat for special need of protection. However, in requirements for this species is well a species. In the past, landowners have the case of the splittail, we have already known by Federal agencies, as is mistakenly believed that critical habitat spent enormous effort on public evidenced by the 284 conference reports designation will be an obstacle to outreach and education and believe that we have prepared addressing the development and impose restrictions on critical habitat designation for the splittail. The Service’s Sacramento Field the use of their property. In some cases, splittail would not provide any further Office stores information about the landowners have believed that critical notification or education benefit. ranges of listed and other sensitive habitat designation is an attempt by the Subsequent to the publication of the species by USGS 71⁄2 quad maps in a government to confiscate their private proposed rule to list the splittail, we database. When a Federal agency property. As a result of this initiated an extensive public outreach notifies the Service about a potential misunderstanding, critical habitat strategy to inform and educate the project they may authorize, fund, or designation has sometimes reduced general public and interested parties carry out, the Service does a database private landowner cooperation in efforts within the range of the species. We sent search and provides a list of species that to conserve species listed in California. out press releases to local newspapers, may be affected by the proposed action. Because the splittail is found in some contacted elected officials, Federal, The plants and animals that are rivers and tributaries flowing through State, and county agencies, and included on the species list are those private lands, the cooperation of private interested parties, including private that may be affected, either directly or landowners is imperative to conserve landowners. We also provided the indirectly, by the proposed project. Fish the splittail. Controversy resulting from Recovery Plan for the Sacramento/San and other aquatic species including the critical habitat designation has been Joaquin Delta Native Fishes that splittail appear on the species list if they known to reduce private landowner addresses eight fish species including are in the same watershed as the cooperation in the management of other the splittail to these same interested proposed action. In other words, Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5979 splittail appear on a species list if the jeopardy analysis that has results affect a listed species or its critical action occurs anywhere in the Central equivalent to a critical habitat adverse habitat, the responsible Federal agency Valley of California, including all rivers modification analysis. We already must enter into consultation with us. and the tributaries that drain to these provide private landowners and Federal actions that may affect the rivers. This database is updated if new agencies with up-to-date information on splittail include, but may not be limited information about a species is made important areas for the splittail. Federal to, those actions authorized, carried out, available. Use of this database provides agencies are already engaged in splittail or funded by the Corps, BOR, National a superior means of providing conservation efforts, and we will Marine Fisheries Service (NMFS), FERC, information about a species’ location to continue to provide them with up-to- and USEPA. The Corps funds projects a Federal agency. date information on areas important for and issues permits for water pumping Because of the sensitivity of the water splittail conservation. We have and diversion facilities, levee community in California, State, Federal, completed recovery planning for the construction or repair, bank protection and private water users are also very species, and we will review the activities, deep-water navigation aware of the species range and habitat information in the recovery plan channel dredging and dredge spoil requirements. This knowledge extends periodically to determine if updates and disposal projects, sand and gravel to local reclamation boards, county revisions are needed. Finally, even if extraction, marina and bridge boards of supervisors, individual water designation of critical habitat for the construction, diking of wetlands for districts as well as a large number of splittail would provide some small, conversion to farmland, and tidal gate or private individuals. Private consultants, incremental benefit to the species, that barrier installation. The BOR and DWR who provide the biological expertise for benefit is outweighed by the increased construct, operate, and manage water all of the above mentioned publics, have risk of (1) controversy that would storage and delivery facilities. The FERC developed extensive knowledge of the hamper recovery efforts or (2) licenses and re-licenses hydroelectric current range, habitat requirements, and vandalism. Based on this analysis, we power facilities, that manipulate potential effects of project proposals on conclude that designation of critical instream flows, in the tributaries to the the splittail. Designation of critical habitat for the Sacramento splittail is Sacramento and San Joaquin rivers. The habitat would not cause us to provide not prudent. USEPA reviews State water quality different or additional information to standards and promulgates replacement these entities for the purposes of Available Conservation Measures standards pursuant to the Clean Water preserving and/or recovering the Conservation measures provided to Act if State standards are found to be species. species listed as endangered or inadequate. In 1991, USEPA We have evaluated the potential threatened under the Act include disapproved portions of the SWRCB’s notification and education benefit recognition, recovery actions, WQCP for salinity in the Estuary. offered by critical habitat designation requirements for Federal protection, and Subsequent to that decision, the USEPA and find that, for the splittail, there prohibitions against certain activities. developed new water quality standards would be no additional benefit over the Recognition through listing encourages to replace those that were disapproved. current outreach and interagency and results in conservation actions by The USEPA published a proposed rule coordination process currently in place. Federal, State, and private agencies, in December of 1993 requesting Notification and education can be groups, and individuals. The Act comments. Prior to finalizing the final conducted more effectively by working provides for possible land acquisition rule, the State developed new water directly with landowners and and cooperation with the States and quality standards and proposed a new communities through the recovery requires that recovery actions be carried WQCP, 95–1WR, which was implementation process and, where a out for all listed species. We initiate implemented, in-part, through Water Federal nexus exists, through section 7 such actions following listing. The Rights Order 95–6. The USEPA consultation and coordination. Critical protection required of Federal agencies determined that the State’s standards habitat designation for the splittail and the prohibitions against taking and provided equivalent or better protection would provide no further notification or harm are discussed, in part, below. and has withdrawn the Federal education benefit. In addition, these Section 7(a) of the Act, as amended, proposal. The State is in the process of existing processes preclude problems requires Federal agencies to evaluate developing an implementation plan to and potential risks associated with their actions with respect to any species fully achieve the goals of the WQCP, confusion and misunderstanding that that is proposed or listed as endangered and is hearing testimony on many may accompany a critical habitat or threatened and with respect to its issues. designation. critical habitat, if any is being The Sacramento splittail proposed Critical habitat designation can also designated. Regulations implementing rule was published January 6, 1994. aid in the development of a species’ this interagency cooperation provision During the last 4 years, 284 conference recovery plan by identifying the areas of the Act are codified at 50 CFR part opinions have been developed for needing protection or requiring special 402. Section 7(a)(4) of the Act requires projects proposed by various Federal management considerations. However, Federal agencies to confer informally agencies. We are prepared to adopt all we have already developed the with us on any action that is likely to conference opinions as final biological Recovery Plan for the Sacramento/San jeopardize the continued existence of a opinions for the Sacramento splittail, Joaquin Delta Native Fishes that proposed species or result in provided that the respective agencies addresses eight fish species, including destruction or adverse modification of request the adoption in writing and the the Sacramento splittail. The Recovery proposed critical habitat. If a species is reinitiation criteria listed under 50 CFR Plan identifies the important habitat subsequently listed, section 7(a)(2) 402.16 do not apply. If there have been areas for the splittail. requires Federal agencies to insure that no significant changes in an action as In summary, we have determined that activities they authorize, fund, or carry planned or in the information used the designation of critical habitat for the out are not likely to jeopardize the during the conference, we will confirm splittail would not be beneficial to the continued existence of such a species or the conference opinion as the biological species. For the splittail, the section 7 to destroy or adversely modify its opinion on the project, and no further consultation process will produce a critical habitat. If a Federal action may section 7 consultation will be necessary. 5980 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations

However, reinitiation of formal to agents of the Service and State substrate composition, water salinity, consultation is required where conservation agencies. water quality, channel stability, or discretionary Federal agency Our policy, as published in the migratory corridors; involvement or control over the action Federal Register on July 1, 1994 (59 FR (5) Discharge or dumping of toxic has been maintained (or is authorized 34272), is to identify to the maximum chemicals, pesticides, organic wastes or by law) and if—(1) the amount or extent extent practicable at the time a species other pollutants into a water body of incidental take is exceeded; (2) new is listed those activities that would or supporting splittail, or discharge or information reveals that the agency would not constitute a violation of dumping of pollutants that results in the action may affect listed species or section 9 of the Act if a species is listed. degradation of a water body containing critical habitat in a manner or to an Section 9 of the Act prohibits certain splittail; and extent not considered in this opinion; activities that directly or indirectly (6) Unauthorized collection of (3) the agency action is subsequently affect listed species. The intent of this splittail. modified in a manner that causes an policy is to increase public awareness of Questions regarding whether specific effect to the listed species or critical the effect of a proposed listing on activities will constitute a violation of habitat that was not considered in this proposed and ongoing activities within section 9 should be directed to the Field opinion; or (4) a new species is listed or a species’ range. We believe that, based Supervisor of the Service’s Sacramento critical habitat designated that may be on the best available information, the Office (see ADDRESSES section). affected by the action. In instances following actions will not result in a Permits may be issued to carry out where the amount or extent of violation of section 9, provided these otherwise prohibited activities incidental take is exceeded, any actions are carried out in accordance involving threatened wildlife species operations causing such take must cease with any existing regulations and permit under certain circumstances. pending reinitiation. requirements: Regulations governing permits for threatened species are codified at 50 Under section 4 of the Act, listing the (1) Routine levee road maintenance; CFR 17.32. Permits for threatened splittail provides additional impetus for (2) Weed and brush control on levees species are available for scientific development and implementation of a above the mean higher high water mark purposes, to enhance the propagation or recovery plan to bring together Federal, or the ordinary high water mark; survival of the species, and/or for State, and private efforts to develop (3) Aquatic recreational activities; (4) Actions that may affect splittail incidental take in connection with conservation strategies for this species. that are authorized, funded or carried otherwise lawful activities. For We convened the Delta Native Fishes out by a Federal agency, when the threatened species, permits are available Recovery Team to prepare a recovery action is conducted in accordance with for zoological exhibition, educational plan for declining native fishes in the an incidental take statement issued by purposes, or special functions Estuary. The draft recovery plan the Service pursuant to section 7 of the consistent with the purposes of the Act. developed a framework for agencies to Act, and; Requests for copies of the regulations on coordinate activities and cooperate with (5) Actions that may affect splittail listed species and inquiries regarding each other in conservation efforts. It also that are not authorized, funded or permits may be addressed to the U.S. set recovery priorities and estimated carried out by a Federal agency, when Fish and Wildlife Service, Ecological costs of various tasks necessary to the action is conducted in accordance Services, Endangered Species Permits, accomplish recovery goals. Site-specific with an incidental take permit issued by 911 NE 11th Avenue, Portland, Oregon management actions necessary to the Service pursuant to section 97232–4181 (telephone 503–231–6241; achieve survival and recovery of 10(a)(1)(B) of the Act. facsimilie 503–231–6243). splittail and other fishes native to the Activities that we believe could Estuary ecosystem were also described potentially harm the Sacramento National Environmental Policy Act in this draft plan. The draft recovery splittail and result in ‘‘take’’ include, We have determined that plan was released for public review and but are not limited to: Environmental Assessments and comment on January 8, 1995 (60 FR (1) Diversion of water from any river Environmental Impact Statements, as 2155). Notice of availability of the final or stream or other water course that defined in the National Environmental plan was published in the Federal results in the entrainment, injury or Policy Act of 1969, need not be Register on November 26, 1996 (U.S. death of splittail, including stranding of prepared in connection with regulations Fish and Wildlife Service 1996). eggs, larvae, juveniles or adults; or adopted pursuant to section 4(a) of the The Act and implementing diversions that result in the degradation Endangered Species Act of 1973, as regulations set forth a series of general of waters containing splittail; amended. We published a notice prohibitions and exceptions that apply (2) Levee slope and bank protection outlining our reasons for this to all threatened wildlife. The that occurs below the mean higher high determination in the Federal Register prohibitions, codified at 50 CFR 17.21 water mark or the ordinary high water on October 25, 1983 (48 FR 49244). and 17.31, in part, make it illegal for any mark of a water body that results in the Paperwork Reduction Act person subject to the jurisdiction of the loss of shallow water habitat used by United States to take (including harass, splittail for spawning and rearing; This rule does not contain any new harm, pursue, hunt, shoot, wound, kill, (3) Dredging in any river or stream or collections of information other than trap, capture, collect, or attempt any other water body that contains those already approved under the such conduct), import or export, Sacramento splittail including dredging Paperwork Reduction Act, 44 U.S.C. transport in interstate or foreign in flooded areas where splittail may be 3501 et seq., and assigned Office of commerce in the course of commercial spawning, or dredging that results in the Management and Budget clearance activity, or sell or offer for sale in degradation of waters containing number 1018–0094. An agency may not interstate or foreign commerce any splittail; conduct or sponsor, and a person is not listed species. It also is illegal to (4) Discharge of fill material into a required to respond to, a collection of possess, sell, deliver, carry, transport, or water body supporting splittail that information unless it displays a ship any such wildlife that has been results in the destruction or degradation currently valid control number. For taken illegally. Certain exceptions apply of spawning and rearing habitat, additional information concerning Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 5981 permit and associated requirements for List of Subjects in 50 CFR Part 17 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. threatened species, see 50 CFR 17.32. Endangered and threatened species, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500, unless otherwise noted. References Cited Exports, Imports, Reporting and recordkeeping requirements, 2. In § 17.11(h) add the following to A complete list of all references cited Transportation. the List of Endangered and Threatened in this rule are available upon request Regulation Promulgation Wildlife in alphabetical order under from the Sacramento Fish and Wildlife ‘‘FISHES:’ Office (see ADDRESSES section). Accordingly, part 17, subchapter B of chapter I, title 50 of the Code of Federal § 17.11 Endangered and threatened Authors Regulations, is amended as set forth wildlife. below: The primary author of this rule is * * * * * Michael G. Thabault, U.S. Fish and PART 17Ð[AMENDED] (h) * * * Wildlife Service, Sacramento Office (see 1. The authority citation for part 17 ADDRESSES section). continues to read as follows:

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

FISHES

******* Splittail, Sacramento Pogonichthys U.S.A. (CA) ...... Entire ...... T 656 NA NA macrolepidotus.

*******

Dated: February 1, 1999. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 99–2867 Filed 2–5–99; 8:45 am] BILLING CODE 4310±55±P 5982

Proposed Rules Federal Register Vol. 64, No. 25

Monday, February 8, 1999

This section of the FEDERAL REGISTER Attention Docket No. 99–4. Hand subsidiary savings association meets the contains notices to the public of the proposed deliver comments to 1700 G Street, qualified thrift lender test. 4 The HOLA issuance of rules and regulations. The N.W., lower level, from 9:00 A.M. to also provides that the activities purpose of these notices is to give interested 5:00 P.M. on business days. Send restrictions do not apply to any multiple persons an opportunity to participate in the facsimile transmissions to FAX Number savings and loan holding company rule making prior to the adoption of the final rules. (202) 906–7755, or (202) 906–6956 (if (‘‘multiple holding company’’), i.e., a the comment is over 25 pages). Send e- holding company that controls more mails to [email protected] and than one savings association, if DEPARTMENT OF THE TREASURY include your name and telephone (i) All, or all but 1, of the savings number. Interested persons may inspect association subsidiaries of such company Office of Thrift Supervision comments at 1700 G Street, NW., from were initially acquired by the company or by 9:00 A.M. until 4:00 P.M. on business an individual who would be deemed to 12 CFR Part 584 control such company if such individual days. were a company— [No. 99±4] FOR FURTHER INFORMATION CONTACT: (I) Pursuant to an acquisition under section Donna Deale, Manager, Supervision 13(c) or (k) of the Federal Deposit Insurance RIN 1550±AB26 Policy, Office of Thrift Supervision Act [12 U.S.C. 1823(c) or (k)], or section 408 (202/906–7488); Richard L. Little, (m) of the National Housing Act [12 U.S.C. Regulated Activities; Exempt Savings Senior Counsel (Banking and Finance) 1730a (m)]; or and Loan Holding Companies (202/906–6447); or Kevin A. Corcoran, (II) Pursuant to an acquisition in which assistance was continued to a savings AGENCY: Office of Thrift Supervision, Assistant Chief Counsel for Business association under section 13(i) of the Federal Treasury. Transactions (202/906–6962), Business Deposit Insurance Act [12 U.S.C. 1823(i)]; ACTION: Notice of proposed rulemaking. Transactions Division, Office of the and Chief Counsel, Office of Thrift (III) All of the savings association SUMMARY: The Office of Thrift Supervision, 1700 G Street, NW., subsidiaries of such company are qualified Supervision (OTS) proposes to amend Washington, D.C. 20552. thrift lenders * * *.5 its regulations to clarify the SUPPLEMENTARY INFORMATION: This so-called ‘‘exempt multiple’’ circumstances under which certain treatment in section 10(c) of the HOLA multiple savings and loan holding I. Background has been implemented by the OTS at 12 companies are able to engage in the Over the past year, OTS has received CFR 584.2a(a)(1)(ii). So long as all of its same activities as unitary holding inquiries from several different savings savings association subsidiaries are companies. In accordance with the and loan holding companies about their qualified thrift lenders, an exempt governing statute and regulations, eligibility for exempt multiple status multiple holding company may engage multiple holding companies are exempt under section 10(c)(3) of the Home in the same activities as any unitary from restrictions on the types of Owners’ Loan Act (‘‘HOLA’’).1 Because holding company under the HOLA. business activities in which they and these inquiries have involved complex The exempt multiple structure proved their non-thrift subsidiaries may engage, factual issues, including the details of to be a valuable incentive for attracting if all (or all but one) of their thrift transactions that occurred several years acquirors to resolve a number of ailing subsidiaries were acquired in certain ago, and because OTS precedent exists or failed institutions during the thrift types of supervisory transactions and if only in the form of legal opinions, OTS crisis of the late 1980s and early 1990s. all their respective savings association is undertaking this proposed rulemaking Many unitary holding companies were subsidiaries are qualified thrift lenders. in order to provide clearer guidance to reluctant to acquire failed associations if To retain the focus of the multiple the industry in a manner faithful to their only options were to combine a holding company exemption on the Congressional intent. failed association with a healthy statutory purpose, the proposal would Section 10(c) of the HOLA 2 limits the subsidiary or to hold the failed establish certain standards by which the types of business activities that savings association separately and be forced to OTS would determine whether a and loan holding companies and their limit their activities. The exempt multiple holding company would be non-thrift subsidiaries may conduct multiple structure enabled these entitled to exempt treatment. This generally to activities and services holding companies to segregate their proposal is intended to channel the historically related to the thrift business failed institutions while they resolved benefits of the multiple holding and to activities approved by the the problems associated with these company activities exemption to Federal Reserve Board for bank holding failed institutions and to continue companies that actually participate in companies under section 4(c) of the conducting the same range of activities the resolution of failing or failed thrifts Bank Holding Company Act.3 Exempt as unitary holding companies. and clarify OTS regulatory policy in an from these restrictions are all unitary Despite its obvious supervisory area that has been unsettled. savings and loan holding companies, benefits, the exempt multiple structure DATES: Comments must be received on i.e., holding companies that control only has been difficult for the OTS to or before April 9, 1999. one savings association (‘‘unitary ADDRESSES: Send comments to Manager, holding companies’’), provided that the 4 12 U.S.C. 1467a(c)(3)(A). Dissemination Branch, Information 5 12 U.S.C. 1467a (c) (3). Section 408(m) of the 1 12 U.S.C. 1467a(c)(3). National Housing Act was repealed by the Financial Management and Services Division, Institutions Reform, Recovery, and Enforcement Act Office of Thrift Supervision, 1700 G 2 12 U.S.C. 1467a(c). of 1989, Title IV, § 407, Pub. L. No. 101–73, 103 Street, NW., Washington, D.C. 20552, 3 12 U.S.C. 1843(c). Stat. 363 (1989). Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 5983 administer. In large part, this problem company qualifies as an exempt • An exempt multiple that merged its has arisen because the statute does not multiple, but acquires another non- savings association subsidiaries to state how mergers and acquisitions after supervisory association and holds it become a unitary would thereafter a supervisory acquisition should affect separately), the OTS believes that become eligible for exempt multiple exempt multiple holding company exempt multiple treatment should not status only if it later made a qualifying status. For instance, section 10(c) of the be reactivated by later reorganizing the supervisory acquisition, unless all the HOLA does not mandate or prohibit subsidiary associations. savings association subsidiaries merged exempt multiple treatment in any of the Under the proposal, a holding were acquired in supervisory following situations: company will be entitled to exempt transactions. • An exempt multiple holding multiple status, if (1) the holding • The qualifying supervisory status of company merges a subsidiary company controls directly or indirectly a savings association would not transfer supervisory association, i.e., a multiple savings associations after a from the initial acquiring holding subsidiary acquired in a supervisory supervisory acquisition, and the company to a succeeding acquiror, with transaction, with its non-supervisory subsidiary association that the holding two exceptions. In general, once a savings association subsidiary. company acquired in the supervisory savings association in supervisory status • An exempt multiple holding acquisition continues to exist as an has been restored to health, a new company merges or consolidates with identifiable savings association holding company may not acquire it other companies, including other subsidiary of the holding company; or from the original acquiror and still savings and loan holding companies. (2) the holding company controls a claim supervisory status for the savings • An exempt multiple holding savings association continuously after association. company acquires additional savings acquiring it in a supervisory acquisition • The first exception to the general association subsidiaries by merger with and later acquires an additional rule against transferability of the company’s existing supervisory association (including by establishing a supervisory status is that a succeeding association subsidiary. de novo association) as a separate acquisition may itself qualify as a • A unitary holding company, the subsidiary in a non-supervisory supervisory acquisition under section savings association subsidiary of which acquisition. 10(c). is composed almost entirely of assets In cases where an exempt multiple • The second exception is that if an and liabilities acquired in supervisory holding company controls a subsidiary existing exempt multiple holding transactions, seeks to establish a de supervisory association and later causes company reorganizes internally and novo thrift subsidiary and become an the association to engage in a merger, inserts a newly formed holding exempt multiple holding company. consolidation, or acquisition, the OTS company into its structure, then the OTS believes that the exempt will determine whether the supervisory newly formed company may claim multiple provision in section 10(c) of association has existed continuously exempt multiple status. the HOLA serves a limited but since the supervisory acquisition. If the The proposed rule would apply to all important purpose: to facilitate unitary later combination causes the existing multiple holding companies, as holding company acquisitions of supervisory association to lose its well as all companies that may seek troubled thrifts that could not otherwise essential character, the OTS no longer exempt multiple status on the basis of be accomplished without loss of the will consider the holding company to be supervisory acquisitions that occurred holding company’s unitary status. an exempt multiple. In making this before the effectiveness of the final rule. Accordingly, the OTS is proposing to determination, the OTS, as appropriate, The OTS believes that efforts to amend 12 CFR 584.2a(a)(1)(ii) to will take into account the corporate grandfather particular classes of holding delineate more precisely the identity of the surviving savings companies would be cumbersome and circumstances under which exempt association as specified in its charter; likely to lead to inconsistent results. multiple status will be recognized. In the relative sizes of the savings However, it is important that holding general, exempt multiple status will be associations or other depository companies have certainty as to whether available only where a qualifying institutions involved in terms of assets they may exercise unitary powers. supervisory acquisition otherwise or liabilities, or both; and such other Therefore, OTS proposes to open a would threaten existing unitary status. factors on a case-by-case basis as the sixty-day ‘‘window’’ following the However, because the language of Director considers appropriate. The OTS effective date of the final rule, during section 10(c)(3) does not restrict the is interested in comments on whether which holding companies that believe relative timing of supervisory and non- the agency should apply different or they may be entitled to exempt status supervisory acquisitions, a unitary additional criteria. based on past acquisitions and on holding company that acquired its sole The merger criteria would apply only earlier rulings or opinions by OTS may subsidiary savings association in a to mergers, consolidations, or seek confirmation of that status from supervisory transaction and then acquisitions by existing exempt OTS. After the 60-day window closes, acquires an additional association in a multiple holding companies and not to OTS will review all later requests for non-supervisory transaction will be such transactions by unitary holding exempt multiple treatment against the entitled to exempt multiple status. companies (except where a unitary criteria set forth in the regulation, even When exempt multiple status is holding company seeks to preserve the where the supervisory acquisitions that relinquished (for example, where a supervisory status of its subsidiary support the exempt multiple request holding company acquires a savings association). The reason is that a unitary occurred before the effective date of the association in a supervisory transaction, holding company (other than one whose regulation. but does not continue to hold it sole thrift subsidiary was acquired in a A multiple holding company that separately,6 or where a holding supervisory transaction) cannot achieve does not receive confirmation of exempt exempt multiple status through later status and that does not qualify for 6 If an exempt multiple holding company with mergers, consolidations, or non- exempt status under the regulation will two supervisory savings association subsidiaries were to merge the two subsidiaries, OTS would not supervisory acquisitions. have two years after the effective date of treat the holding company as having relinquished The proposed rule would have these the final rule to cease or divest any its exempt status. practical consequences: activities that are not permissible for 5984 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules multiple holding companies under governments or by the private sector of List of Subjects in 12 CFR Part 584 section 10(c). $100 million or more. The proposed Administrative practice and rule is directed solely to thrift holding II. Solicitation of Comments procedure, Exempt savings and loan companies. It clarifies the rules holding companies, Holding companies, The OTS is asking for comment on the governing exempt multiple status and is Reporting and recordkeeping proposal. Specifically, the OTS seeks designed to reduce the burden on requirements, Savings associations, comment on: holding companies to determine Securities. • Whether the proposed amendment whether they are entitled to exempt Accordingly, the Office of Thrift will accomplish its stated purposes? status. Accordingly, this rulemaking is • Supervision proposes to amend chapter Whether a different approach not subject to Section 202 of the V, title 12, Code of Federal Regulations, would better accomplish the stated Unfunded Mandates Act. purposes? as set forth below. • Whether, in applying the merger VI. Paperwork Reduction Act PART 584ÐREGULATED ACTIVITIES criteria to mergers, consolidations, or OTS invites comment on: acquisitions by existing exempt (1) Whether the proposed information 1. The authority citation for part 584 multiple holding companies, OTS collection contained in this proposal is continues to read as follows: should take into account specific factors necessary for the proper performance of Authority: 12 U.S.C. 1462, 1462a, 1463, in addition to the corporate identity of OTS’s functions, including whether the 1464, 1467a, 1468. the surviving savings association and information has practical utility; the relative sizes of the savings (2) The accuracy of OTS’s estimate of 2. Section 584.2a is amended by associations or other depository the burden of the proposed information revising paragraph (a)(1) introductory institutions involved? collection; text and paragraph (a)(1)(ii), (3) Ways to enhance the quality, redesignating paragraph (a)(2) as III. Executive Order 12866 utility, and clarity of the information to paragraph (a)(3), and adding new The Director of the OTS has be collected; paragraph (a)(2) to read as follows: determined that this proposed rule does (4) Ways to minimize the burden of § 584.2a Exempt savings and loan holding not constitute a ‘‘significant regulatory the information collection on companies and grandfathered activities. action’’ for the purposes of Executive respondents, including through the use (a) Exempt savings and loan holding Order 12866. of automated collection techniques or companies. (1) The following savings other forms of information technology; IV. Regulatory Flexibility Act Analysis and loan holding companies are exempt and Pursuant to Section 605(b) of the (5) Estimates of capital and start-up from the limitations of § 584.2(b): Regulatory Flexibility Act, the OTS costs of operation, maintenance and * * * * * certifies that this proposal will not have purchases of services to provide (ii) Any savings and loan holding a significant economic impact on a information. company (or subsidiary thereof) that substantial number of small entities. Respondents are not required to controls more than one savings The proposal clarifies the rules respond to this collection of information association if all, or all but one of the governing exempt multiple status and is unless it displays a currently valid OMB savings association subsidiaries of such designed to reduce the burden on control number. holding company were initially multiple holding companies to The collection of information acquired pursuant to an acquisition determine whether they are entitled to requirements contained in this proposal under section 13(c) or 13(k) of the exempt status. Moreover, the proposed have been submitted to the Office of Federal Deposit Insurance Act or section rule would provide a procedure Management and Budget for review in 408(m) of the National Housing Act, as permitting multiple holding companies accordance with the Paperwork in effect immediately prior to the date that may be relying on past rulings or Reduction Act of 1995 (44 U.S.C. of enactment of the Financial opinions of the OTS to claim exempt 3507(d)). Comments on the collections Institutions Reform, Recovery, and status, to confirm that status after the of information should be sent to the Enforcement Act of 1989 (‘‘supervisory effective date of the final rule. Office of Management and Budget, acquisition’’), and all of the savings association subsidiaries of such holding V. Unfunded Mandates Act of 1995 Paperwork Reduction Project (1550), Washington, D.C. 20503, with copies to company are qualified thrift lenders as Section 202 of the Unfunded the Regulations and Legislation defined in § 583.17 of this chapter, Mandates Reform Act of 1995, Pub. L. Division, Chief Counsel’s Office, Office provided that the Director determines 104–4 (Unfunded Mandates Act), of Thrift Supervision, 1700 G Street, that— requires that an agency prepare a NW., Washington, D.C. 20552. (A) Except in the case of a multiple budgetary impact statement before The collection of information holding company that has been formed promulgating a rule that includes a requirements in this proposed rule are in connection with an internal federal mandate that may result in found in 12 CFR 584.2a(a)(3). OTS reorganization, such holding company expenditures by state, local, and tribal requires this information in order to has continuously controlled a savings governments, in the aggregate, or by the determine whether certain holding association acquired pursuant to a private sector, or $100 million or more companies are or may be eligible for supervisory acquisition at all times in any one year. If a budgetary impact exempt multiple holding company since such supervisory acquisition; and statement is required, Section 205 of the status. The likely respondents are (B) The savings association acquired Unfunded Mandates Act also requires savings and loan holding companies. through a supervisory acquisition on an agency to identify and consider a Estimated average annual burden which the exemption contained in this reasonable number of regulatory hours per respondent: 20. subparagraph is based has continuously alternatives before promulgating a rule. Estimated number of respondents: 30. existed as an identifiable savings The OTS has determined that the Estimated total annual reporting association subsidiary of such holding proposed rule will not result in burden: 600. company at all times since such expenditures by state, local, or tribal Start up costs to respondents: none. supervisory acquisition, provided that if Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 5985 an exempt multiple savings and loan Dated: February 1, 1999. examined at the Rules Docket at the holding company merges its savings By the Office of Thrift Supervision. address above. association subsidiaries to become a Ellen Seidman, FOR FURTHER INFORMATION CONTACT: Mr. unitary savings and loan holding Director. Karl M. Schletzbaum, Aerospace company, the resulting savings [FR Doc. 99–2834 Filed 2–5–99; 8:45 am] Engineer, FAA, Small Airplane association subsidiary will be BILLING CODE 6720±01±P Directorate, 1201 Walnut, suite 900, considered to have been acquired in a Kansas City, Missouri 64106; telephone: non-supervisory transaction, unless all (816) 426–6932; facsimile: (816) 426– the savings associations merged were DEPARTMENT OF TRANSPORTATION 2169. acquired by the holding company in SUPPLEMENTARY INFORMATION: supervisory transactions. Federal Aviation Administration (2)(i) For purposes of paragraph Comments Invited (a)(1)(ii)(B) of this section and subject to 14 CFR Part 39 Interested persons are invited to the restrictions therein, if any savings participate in the making of the [Docket No. 98±CE±80±AD] association subsidiary that was acquired proposed rule by submitting such in a supervisory acquisition engages in RIN 2120±AA64 written data, views, or arguments as any acquisition, merger, or they may desire. Communications consolidation after the subsidiary’s own Airworthiness Directives; Avions should identify the Rules Docket supervisory acquisition, the Director, in Pierre Robin Model R2160 Airplanes number and be submitted in triplicate to determining whether that savings AGENCY: Federal Aviation the address specified above. All association has existed continuously Administration, DOT. communications received on or before since such supervisory acquisition, will the closing date for comments, specified ACTION: Notice of proposed rulemaking consider the following factors, as above, will be considered before taking (NPRM). appropriate: action on the proposed rule. The (A) The corporate identity of the SUMMARY: This document proposes to proposals contained in this notice may surviving savings association as adopt a new airworthiness directive be changed in light of the comments specified in its charter; (AD) that would apply to all Avions received. (B) The relative sizes of the holding Pierre Robin Model R2160 airplanes. Comments are specifically invited on companies, savings associations or other The proposed AD would require the overall regulatory, economic, depository institutions involved in environmental, and energy aspects of terms of assets or liabilities, or both; and repetitively inspecting the aileron/flap common support bracket for cracks, the proposed rule. All comments (C) Such other factors on a case-by- submitted will be available, both before case basis as the Director considers loose rivets, or separation of the bracket from the skin, and reinforcing the and after the closing date for comments, appropriate. in the Rules Docket for examination by (ii) The supervisory status of a savings bracket either immediately or at a certain time period depending on interested persons. A report that association may not be transferred from summarizes each FAA-public contact the initial acquiring holding company to whether discrepancies are found during the inspections. Reinforcing the aileron/ concerned with the substance of this a succeeding acquiror, unless the proposal will be filed in the Rules succeeding acquisition itself qualifies as flap common support bracket terminates the repetitive inspection requirement. Docket. a supervisory acquisition under section Commenters wishing the FAA to 10(e) of the Home Owners’ Loan Act, or The proposed AD is the result of mandatory continuing airworthiness acknowledge receipt of their comments unless an internal reorganization of the submitted in response to this notice initial acquiror causes an acquisition by information (MCAI) issued by the airworthiness authority for France. The must submit a self-addressed, stamped a newly formed holding company. postcard on which the following (iii) A holding company that believes actions specified by the proposed AD statement is made: ‘‘Comments to it is or may become entitled to exempt are intended to detect defects in the Docket No. 98–CE–80–AD.’’ The multiple status based on rulings or aileron/flap common support bracket postcard will be date stamped and opinions that the OTS issued prior to (cracks, loose rivets, or separation of the returned to the commenter. [insert effective date of regulation] may bracket from the skin), which could request confirmation of that status from result in reduced or loss of control of Availability of NPRMs the OTS prior to [insert date 60 days the airplane. Any person may obtain a copy of this after effective date of regulation]. Such DATES: Comments must be received on NPRM by submitting a request to the requests must contain a detailed or before March 11, 1999. FAA, Central Region, Office of the explanation of the basis for exempt ADDRESSES: Submit comments in Regional Counsel, Attention: Rules multiple status. After [insert date 60 triplicate to the Federal Aviation Docket No. 98–CE–80–AD, Room 1558, days after effective date of regulation], Administration (FAA), Central Region, 601 E. 12th Street, Kansas City, Missouri the OTS will apply only the provisions Office of the Regional Counsel, 64106. in paragraphs (a)(1)(ii) and (a)(2) of this Attention: Rules Docket No. 98–CE–80– section to requests for exempt multiple AD, Room 1558, 601 E. 12th Street, Discussion status. A multiple holding company that Kansas City, Missouri 64106. Comments The Direction Ge´ne´rale de l’Aviation does not receive confirmation of exempt may be inspected at this location Civile (DGAC), which is the multiple status from the OTS and that between 8 a.m. and 4 p.m., Monday airworthiness authority for France, does not qualify for exempt status under through Friday, holidays excepted. notified the FAA that an unsafe the regulation, will have two years after Service information that applies to the condition may exist on all Avions Pierre the effective date of the final rule to proposed AD may be obtained from Robin Model R2160 airplanes. The cease or divest any activities that are not Avions Pierre Robin, 1, route de Troyes, DGAC reports cracks found in the area permissible for multiple holding 21121 Darois-France; telephone: 33–3 of the attachment points of the aileron/ companies under section 10(c). 80 44 20 50; facsimile: 33–3 80 35 60 flap common support brackets and * * * * * 80. This information also may be corresponding wing skin areas. 5986 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

This condition, if not corrected, could Cost Impact § 39.13 [Amended] result in these brackets separating from 2. Section 39.13 is amended by The FAA estimates that 10 airplanes the wing skin with possible reduced or adding a new airworthiness directive loss of control of the airplane. in the U.S. registry would be affected by (AD) to read as follows: the proposed AD, that it would take Relevant Service Information approximately 4 workhours per airplane Avions Pierre Robin: Docket No. 98–CE–80– AD. Avions Pierre Robin has issued to accomplish the proposed action, and Service Bulletin No. 90, dated May 3, that the average labor rate is Applicability: Model R2160 airplanes, all serial numbers, certificated in any category. 1982, which specifies procedures for approximately $60 per work hour. Parts Note 1: This AD applies to each airplane inspecting the aileron/flap common cost approximately $100 per airplane. support bracket. In addition, Avions identified in the preceding applicability Based on these figures, the total cost provision, regardless of whether it has been Pierre Robin has developed repair kits impact of the proposed AD on U.S. modified, altered, or repaired in the area that include all the parts and procedures operators is estimated to be $3,400, or subject to the requirements of this AD. For for reinforcing the aileron/flap common $340 per airplane. airplanes that have been modified, altered, or support bracket. repaired so that the performance of the The DGAC classified this service Regulatory Impact requirements of this AD is affected, the bulletin as mandatory and issued owner/operator must request approval for an French AD 82–70–(A), dated May 19, The regulations proposed herein alternative method of compliance in 1982, in order to assure the continued would not have substantial direct effects accordance with paragraph (f) of this AD. The airworthiness of these airplanes in on the States, on the relationship request should include an assessment of the France. between the national government and effect of the modification, alteration, or repair the States, or on the distribution of on the unsafe condition addressed by this The FAA’s Determination AD; and, if the unsafe condition has not been power and responsibilities among the eliminated, the request should include This airplane model is manufactured various levels of government. Therefore, specific proposed actions to address it. in France and is type certificated for in accordance with Executive Order Compliance: Required as indicated in the operation in the United States under the 12612, it is determined that this body of this AD, unless already provisions of section 21.29 of the proposal would not have sufficient accomplished. Federal Aviation Regulations (14 CFR federalism implications to warrant the To detect defects in the aileron/flap 21.29) and the applicable bilateral preparation of a Federalism Assessment. common support bracket (cracks, loose rivets, airworthiness agreement. Pursuant to or separation of the bracket from the skin), this bilateral airworthiness agreement, For the reasons discussed above, I which could result in reduced or loss of the DGAC has kept the FAA informed certify that this action (1) is not a control of the airplane, accomplish the of the situation described above. ‘‘significant regulatory action’’ under following: The FAA has examined the findings Executive Order 12866; (2) is not a (a) Within the next 50 hours time-in- of the DGAC; reviewed all available ‘‘significant rule’’ under DOT service (TIS) after the effective date of this AD, and thereafter at intervals not to exceed information, including the service Regulatory Policies and Procedures (44 50 hours TIS until the reinforcement required information referenced above; and FR 11034, February 26, 1979); and (3) if by paragraph (b) of this AD is accomplished, determined that AD action is necessary promulgated, will not have a significant inspect the aileron/flap common support for products of this type design that are economic impact, positive or negative, brackets for cracks, loose rivets, or separation certificated for operation in the United on a substantial number of small entities of the bracket from the skin. Accomplish this States. under the criteria of the Regulatory inspection in accordance with Avions Pierre Flexibility Act. A copy of the draft Robin Service Bulletin No. 90, dated May 3, Explanation of the Provisions of the 1982. Proposed AD regulatory evaluation prepared for this (b) At whichever of the compliance times action has been placed in the Rules Since an unsafe condition has been in paragraphs (b)(1) and (b)(2) of this AD that Docket. A copy of it may be obtained by occurs first, reinforce the left-hand and right- identified that is likely to exist or contacting the Rules Docket at the hand aileron/flap common support bracket in develop in other Avions Pierre Robin location provided under the caption accordance with the instructions in Avions Model R2160 airplanes of the same type Pierre Robin Repair Kit No. 97.40.16 , as ADDRESSES. design registered in the United States, specified in Avions Pierre Robin Service the FAA is proposing AD action. The List of Subjects in 14 CFR Part 39 Bulletin No. 90, dated May 3, 1982. proposed AD would require repetitively (1) Prior to further flight if any crack(s), inspecting the aileron/flap common Air transportation, Aircraft, Aviation loose rivet(s), and/or separation of the support bracket for cracks, loose rivets, safety, Safety. bracket from the skin are/is found during any or separation of the bracket from the inspection required by paragraph (a) of this The Proposed Amendment AD; or skin, and reinforcing the bracket either (2) Within the next 12 calendar months immediately or at a certain time period Accordingly, pursuant to the after the effective date of this AD. depending on whether discrepancies are authority delegated to me by the (c) Reinforcing the aileron/flap common found during the inspections. Administrator, the Federal Aviation support bracket as specified in paragraph (b) Accomplishment of the proposed Administration proposes to amend part of this AD is considered terminating action inspections would be required in for the repetitive inspection requirement of 39 of the Federal Aviation Regulations accordance with Avions Pierre Robin this AD. (14 CFR part 39) as follows: Service Bulletin No. 90, dated May 3, (d) As of the effective date of this AD, no person may install, on any affected airplane, 1982. The reinforcement specified in PART 39ÐAIRWORTHINESS this proposed AD would be an aileron/flap common support bracket that DIRECTIVES has not been reinforced as specified in accomplished in accordance with paragraph (b) of this AD. Avions Pierre Robin Repair Kit No. 1. The authority citation for part 39 (e) Special flight permits may be issued in 97.40.16, as specified in Avions Pierre continues to read as follows: accordance with sections 21.197 and 21.199 Robin Service Bulletin No. 90, dated of the Federal Aviation Regulations (14 CFR May 3, 1982. Authority: 49 U.S.C. 106(g), 40113, 44701. 21.197 and 21.199) to operate the airplane to Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 5987 a location where the requirements of this AD tentative findings on the Panel’s devices remain in class III and require can be accomplished. recommendation. After considering any premarket approval, unless and until (f) An alternative method of compliance or public comments on the Panel’s the device is reclassified into class I or adjustment of the compliance times that recommendation and FDA’s tentative II or FDA issues an order finding the provides an equivalent level of safety may be used if approved by the Manager, Small findings, FDA will reclassify the device device to be substantially equivalent, Airplane Directorate, FAA, 1201 Walnut, or retain it in class III. FDA’s decision under section 513(i) of the act (21 U.S.C. suite 900, Kansas City, Missouri 64106. The on the proposed reclassification will be 360c(i)), to a predicate device that does request shall be forwarded through an announced in the Federal Register. not require premarket approval. The appropriate FAA Maintenance Inspector, DATES: Written comments by May 10, agency determines whether new devices who may add comments and then send it to 1999. are substantially equivalent to the Manager, Small Airplane Directorate. ADDRESSES: Submit written comments previously offered devices by means of Note 2: Information concerning the to the Dockets Management Branch premarket notification procedures in existence of approved alternative methods of (HFA–305), Food and Drug section 510(k) of the act (21 U.S.C. compliance with this AD, if any, may be 360(k)) and part 807 of the regulations obtained from the Small Airplane Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. (21 CFR part 807). Directorate. A preamendments device that has FOR FURTHER INFORMATION CONTACT: John (g) Questions or technical information been classified into class III may be H. Baxley, Center for Devices and related to the service information referenced marketed, by means of premarket in this AD should be directed to Avions Radiological Health (HFZ–470), Food notification procedures, without Pierre Robin, 1, route de Troyes, 21121 and Drug Administration, 9200 submission of a premarket approval Darois-France; telephone: 33–3 80 44 20 50; Corporate Blvd., Rockville, MD 20850, application (PMA) until FDA issues a facsimile: 33–3 80 35 60 80. This service 301–594–2194. information may be examined at the FAA, final regulation under section 515(b) of Central Region, Office of the Regional SUPPLEMENTARY INFORMATION: the act (21 U.S.C.360e(b)) requiring Counsel, Room 1558, 601 E. 12th Street, I. Background premarket approval. Kansas City, Missouri 64106. Reclassification of classified Note 3: The subject of this AD is addressed The Federal Food, Drug, and Cosmetic postamendments devices is governed by in issued French AD 82–70–(A), dated May Act (the act) (21 U.S.C. 301 et. seq.), as section 513(f)(2) of the act (21 U.S.C. 19, 1982. amended by the Medical Device 360c(f)(2)). This section provides that Issued in Kansas City, Missouri, on Amendments of 1976 (the 1976 FDA may initiate the reclassification of February 2, 1999. amendments) (Pub. L. 94–295), the Safe a device classified into class III under Michael Gallagher, Medical Devices Act of 1990 (the section 513(f)(1) of the act, or the Manager, Small Airplane Directorate, Aircraft SMDA) (Pub. L. 101–629), and the Food manufacturer or importer of a device Certification Service. and Drug Administration Modernization may petition the Secretary of Health and [FR Doc. 99–2902 Filed 2–5–99; 8:45 am] Act of 1997 (the FDAMA) (Pub. L. 105– Human Services (the Secretary) for the 115), established a comprehensive BILLING CODE 4910±13±P issuance of an order classifying the system for the regulation of medical device in class I or class II. FDA’s devices intended for human use. regulations in 21 CFR 860.134 set forth Section 513 of the act (21 U.S.C. 360c) DEPARTMENT OF HEALTH AND the procedures for the filing and review established three categories (classes) of HUMAN SERVICES of a petition for reclassification of such devices, depending on the regulatory class III devices. In order to change the Food and Drug Administration controls needed to provide reasonable classification of the device, it is assurance of their safety and necessary that the proposed new class 21 CFR Part 876 effectiveness. The three categories of have sufficient regulatory controls to devices are class I (general controls), provide reasonable assurance of the [Docket No. 98N±1134] class II (special controls), and class III safety and effectiveness of the device for Gastroenterology and Urology (premarket approval). its intended use. Devices; Reclassification of the Under section 513 of the act, devices Section 216 of FDAMA replaced the Extracorporeal Shock Wave that were in commercial distribution ‘‘four of a kind’’ rule in the old section Lithotripter before May 28, 1976 (the date of 520(h)(4) of the act (21 U.S.C. 360j(h)(4)) enactment of the 1976 amendments), with a provision that frees agency use of AGENCY: Food and Drug Administration, generally referred to as preamendments data in PMA’s approved 6 or more years HHS. devices, are classified after FDA has: (1) before FDA undertakes certain ACTION: Proposed rule. Received a recommendation from a regulatory actions, including device device classification panel (an FDA reclassifications. Under section SUMMARY: The Food and Drug advisory committee); (2) published the 520(h)(4) of the act, as amended by Administration (FDA) is issuing for panel’s recommendation for comment, FDAMA, the agency has supplemented public comment its proposal to along with a proposed regulation other sources of information that reclassify from class III to class II the classifying the device; and (3) published support reclassification of the extracorporeal shock wave lithotripter, a final regulation classifying the device. extracorporeal shock wave lithotripter when intended for use to fragment FDA has classified most with data contained in PMA’s approved kidney and ureteral calculi, and the preamendments devices under these 6 or more years before the date of this recommendation of the procedures. proposal. In this instance, FDA has only Gastroenterology and Urology Devices Devices that were not in commercial used data that would have been Advisory Panel (the Panel) regarding distribution prior to May 28, 1976, available to the agency under the this reclassification. The Panel made generally referred to as postamendments superseded four of a kind rule. this recommendation after reviewing the devices, are classified automatically by Under section 513(f)(2)(B)(i) of the act relevant publicly available information statute (section 513(f) of the act (21 (21 U.S.C. 360c(f)(2)(B)(i)), the and the proposed reclassification. FDA U.S.C. 360c(f))) into class III without Secretary, for good cause shown, may is also issuing for public comment its any FDA rulemaking process. Those refer a proposed reclassification to a 5988 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules device classification panel. The Panel IV. Recommendations of the Panel Lithotripsy-induced bleeding is shall make a recommendation to the believed to be caused by vessel damage Secretary respecting approval or denial At a public meeting on July 30, 1998, secondary to the collapse of cavitation of the proposed reclassification. Any the Panel unanimously recommended bubbles at the shock wave focus (Refs. such recommendation shall contain: (1) that the extracorporeal shock wave 17 and 65). The risk of serious bleeding A summary of the reasons for the lithotripter indicated for the is minimized by the use of conservative recommendation, (2) a summary of the fragmentation of kidney and ureteral treatment parameters (Ref. 17) and data upon which the recommendation is calculi be reclassified from class III to careful evaluation of the patient post- based, and (3) an identification of the class II. The Panel believed that the treatment (Ref. 50). risks to health (if any) presented by the special controls of consensus standards, Patient characteristics associated with device with respect to which the clinical performance testing, labeling increased risk for the development of proposed reclassification was initiated. restrictions, and physician training life threatening hemorrhage include the restrictions would provide reasonable II. Regulatory History of the Device presence of coagulopathy or the use of assurance of the safety and effectiveness anticoagulant therapy (including The extracorporeal shock wave of the device. aspirin) (Refs. 45, 73, 85, and 91), lithotripter intended for the V. Risks to Health presence of an arterial calcification or fragmentation of kidney and ureteral vascular aneurysm (Refs. 9, 19, and 91), calculi is a postamendments device After considering the information and poorly-controlled hypertension classified into class III under section discussed by the Panel during the (Refs. 49 and 50). For some of these high 513(f)(1) of the act. Therefore, this reclassification proceedings, the risk patients, however, lithotripsy can generic type of device cannot be placed published literature, data in PMA still be delivered safely as long as in commercial distribution unless it is applications available to FDA under certain precautions are taken. reclassified under section 513(f)(2), or is section 520(h)(4) of the act, as amended Specifically, patients on anticoagulant the subject of a PMA or notice of by FDAMA, and the Medical Device therapy can undergo lithotripsy completion of a product development Reports, FDA believes the following provided that their anticoagulation is protocol (PDP) under section 515 of the risks are associated with the use of the temporarily reversed (Refs. 73 and 91). act (21 U.S.C. 360e). extracorporeal shock wave lithotripter In accordance with section 513(f)(2) of Furthermore, patients with an arterial in the fragmentation of kidney and the act, FDA, on its own initiative, is calcification or vascular aneurysm have ureteral calculi. proposing to reclassify this device from been treated without complication class III to class II when intended to A. Bleeding provided that the calcification or fragment kidney and ureteral calculi. aneurysm is sufficiently outside of the FDA referred the proposed Interaction between the shock waves shock wave path, treatment is limited to reclassification to the Panel for its and internal tissues can result in a minimum number of low-power shock recommendation on the requested bleeding within the urinary tract. waves, and the patient is carefully change in classification. This panel Lithotripsy-induced bleeding typically monitored (Refs. 9 and 19). meeting was held on July 30, 1998, and presents as either hematuria (blood in B. Renal Injury is summarized further in Section VI. the urine) or renal hematoma. Hematuria occurs following most The focused shock waves delivered by III. Device Description treatments (Refs. 4, 69, and 85), is all extracorporeal shock wave An extracorporeal shock wave believed to be secondary to trauma to lithotripters cause some degree of acute lithotripter is a device that focuses the renal parenchyma (Ref. 7), and trauma to the treated kidney with ultrasonic shock waves into the body to usually resolves spontaneously within associated functional impairment (Refs. noninvasively fragment urinary calculi 24 to 48 hours of treatment (Refs. 8 and 1, 7, 41, and 101). As with bleeding, within the kidney and ureter. The 69). Small, asymptomatic renal renal injury is probably secondary to the primary components of the device are a hematomas occur with 20 to 25 percent effects of cavitation at the shock wave shock wave generator, high voltage of treatments, which resolve without focus (Refs. 16, 17, and 82). generator, control console, imaging/ intervention (Ref. 52). In less than 1 It is believed that renal trauma, with localization system, and patient table. percent of treatments, however, associated nephron loss and/or tubule Prior to treatment, the urinary stone is clinically significant intrarenal, damage, occurs during nearly all targeted using either an integral or subcapsular, or perirenal hematomas lithotripsy treatments (Refs. 1 and 82), stand-alone localization/imaging occur (Refs. 20 and 50). These patients is dependent upon the applied shock system. Shock waves are typically typically present with severe, chronic wave dose (Refs. 74, 82, and 86), and is generated using electrostatic spark flank pain (Refs. 4, 50, 52, and 84), and typically limited to the size of the shock discharge (spark gap), anuria secondary to renal compression wave focal volume (Ref. 83). While a electromagnetically repelled has also been reported (Refs. 62 and 95). small region of renal scarring persists at membranes, or piezoelectric crystal Although clinically significant the treated site (Refs. 74 and 86), any arrays, and focused onto the stone with hematomas often resolve with associated changes in renal function either a specially designed reflector, conservative management (Refs. 50, 52, resolve within 30 days (Refs. 3, 6, 32, dish, or acoustic lens. The shock waves and 84), severe hemorrhage (Refs. 4, 85, and 86). Although infrequently reported are created under water within the and 92) or death (Refs. 66 and 92) has and of questionable clinical shock wave generator, and are been reported. Management of severe significance, permanent morphological transferred to the patient’s body through renal hemorrhage includes the changes to the kidney have been a water-filled rubber cushion or by administration of blood transfusions observed following lithotripsy (Refs. 6 direct contact of the patient’s skin with (Refs. 50, 52, 81, 85, and 92), and 74). The risk of renal injury is the water. After the stone has been percutaneous drainage (Ref. 72), or minimized by delivering fewer, less fragmented by the focused shock waves, surgical intervention, which may powerful shock waves (Refs. 70 and 74), the fragments pass out of the body with include nephrectomy (Refs. 4, 50, and and using a lower shock wave repetition the patient’s urine. 62). rate (Refs. 17 and 86). Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 5989

Patients with solitary kidneys or pre- causes, including irritation or shock wave lithotripsy (Refs. 22, 48, 84, existing impairment of renal function mechanical stimulation of the and 93). may be at increased risk for long-term myocardium by the shock wave, F. Infection changes (Refs. 74 and 100). autonomic nerve stimulation, or the Additionally, although many short-term effects of the intravenous sedatives Urinary tract infection (UTI) occurs in studies have been published regarding (Refs. 14 and 43). Arrhythmias resolve 1 to 7 percent of patients following the safe use of extracorporeal shock spontaneously upon synchronizing the extracorporeal shock wave lithotripsy as wave lithotripsy in children (Refs. 53, shock waves with the refractory period a result of the release of bacteria from 55, 69, and 70), questions still exist of the ventricular cycle (i.e., the fragmentation of infected calculi regarding the long-term effects of shock electrocadiograph (ECG) gating) or (Refs. 18, 77, 80, and 84). Rarely, waves upon the function and growth of terminating treatment (Refs. 14, 30, and pyelonephritis secondary to lithotripsy the immature kidney (Refs. 15, 27, 70, 102). Although these cardiac has been reported (Refs. 77 and 84). and 74). disturbances rarely pose a serious risk to Additionally, lithotripsy shock waves can cause local tissue trauma sufficient C. Hypertension the healthy patient, there is the potential for life threatening events to to permit bacteria to enter the Early investigators reported new onset occur in those with a pre-existing bloodstream from the urinary tract, of hypertension in as many as 8 percent history of cardiac disease (Ref. 43). resulting in sepsis (Refs. 29 and 84). of patients between 1 and 2 years Furthermore, patients with either Although the incidence of sepsis following extracorporeal shock wave cardiac pacemakers or implantable following lithotripsy is not common, lithotripsy to the kidney (Refs. 58 and defibrillators may be at additional risk typically occurring in less than 1 99). The physiological basis of this due to the possibility of the lithotripter percent of cases (Ref. 31), this finding was theorized to be caused by interfering with the function of the complication has the potential for the Page effect, secondary to the renal pulse generator (Refs. 2, 91, and 97). serious consequences (Ref. 84). Patients fibrosis that occurs following resolution at greatest risk of developing severe of lithotripsy-induced intraparenchymal The risk of serious cardiac events infectious complications include those hemorrhage (Refs. 52 and 99). Despite during lithotripsy can be minimized by with pre-existing UTI and infected the hypertension incidence rates monitoring the cardiac activity of all stones, as well as those who experience reported by these early studies, patients during treatment to detect any urinary obstruction due to the passage however, subsequent research indicates arrhythmias, and either terminating of stone fragments (Refs. 29, 38, and 84). that hypertension is not a risk of treatment or switching to an ECG-gated Additionally, patients with cardiac lithotripsy. Lingeman et al. noted no mode of shock wave delivery should an disease, including valvular disease and difference at 2 years in the rates of new arrhythmia occur (Refs. 59 and 102). implanted heart valves, and onset of hypertension between patients Additionally, the risks of lithotripter immunocompromised patients are at who received lithotripsy and those who interference with cardiac pacemakers increased risk for developing bacterial received alternative stone removal and implantable defibrillators can be endocarditis following lithotripsy (Ref. therapies, although a small but minimized by temporarily 68). statistically significant increase in reprogramming the pulse generator prior The risk of infectious complications diastolic blood pressure was seen in the to treatment, verifying the correct secondary to extracorporeal shock wave lithotripsy group (Ref. 61). In a function of the pulse generator during lithotripsy can be effectively minimized subsequent report describing 3- and 4- and after shock wave delivery, and through the use of prophylactic year followup on the same patients, maintaining sufficient distance between antibiotics in patients with pre-existing similar outcomes were observed (Ref. the shock wave path and the pulse UTI, infected stones, cardiac disease, 60). In a similar investigation, Vaughan generator (Refs. 2, 5, 91, and 97). and compromised immune systems et al. observed no difference in either E. Urinary Obstruction (Refs. 18, 38, 68, and 84). new onset of hypertension or blood pressure between lithotripsy and Urinary obstruction occurs in up to 6 G. Injury to Adjacent Organs nonlithotripsy treated patients 2 years percent of patients following lithotripsy Because multiple shock waves pass post-treatment (Ref. 98). The results of due to stone fragments becoming lodged through the patient’s body during these controlled studies demonstrate in the ureter, and may be the result of treatment, extracorporeal shock wave that the development of hypertension is either a single stone fragment or the lithotripsy has the potential to cause not an actual risk of lithotripsy among accumulation of multiple small stone injury to nontarget organs. Examples of normal, healthy patients. However, due particles (i.e., Steinstrasse) (Refs. 24, 48, injury to adjacent organs include to the unknown effects of lithotripsy- and 84). Patients with urinary splenic rupture requiring splenectomy induced damage to the growing kidney, obstruction typically present with (Refs. 63 and 78), liver hematoma (Ref. concern has been raised that pediatric persistent pain, and may be at risk of 84), and pancreatitis (Ref. 84). In patients may be at increased risk of developing hydronephrosis with addition, the interaction of shock waves developing chronic hypertension (Ref. subsequent renal failure if the with air-filled organs, such as the lung 74). obstruction is not promptly treated (Ref. or bowel, results in hemorrhage 29). Often, the obstructing fragments secondary to tissue damage (Refs. 36, D. Cardiac Arrhythmia pass spontaneously and intervention is 65, and 84). Serious injury to adjacent Cardiac arrhythmias, most commonly not necessary (Refs. 48 and 84). organs is rare, and is minimized through premature ventricular contractions, are Intervention is indicated in the presence proper patient selection, careful generally reported during extracorporeal of severe pain, fever, sepsis, or failure of targeting of the shock wave focus, and shock wave lithotripsy at fixed shock the obstruction to spontaneously the use of conservative treatment wave delivery in 2 to 20 percent of resolve, and usually includes parameters and retreatment intervals patients (Refs. 14 and 30). While the ureteroscopic manipulation or retrieval, (Refs. 36, 76, and 84). specific cause of lithotripsy-induced electrohydraulic or laser lithotripsy, In addition to the documented risks to arrhythmias is not fully understood, percutaneous nephrostomy drainage, adjacent organs described previously, researchers have postulated several open surgery, or repeat extracorporeal extracorporeal shock wave lithotripsy 5990 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules potentially represents significant rare (Ref. 44). Researchers attribute this use of extracorporeal shock wave hazards to other nontarget tissues. First, serious condition to either patient lithotripsy for the fragmentation of the administration of shock waves to anxiety or shock wave stimulation of kidney and ureteral calculi: Bleeding pregnant animals at specific gestational renal peripheral autonomic nerve fibers, and hematoma, renal injury and stages has been shown to cause growth and conclude that the risks of this scarring, cardiac arrhythmia, urinary disturbances, serious injury, or death to condition can be minimized by closely obstruction, urinary tract infection, and the fetus (Refs. 33 and 71). As a result monitoring cardiac activity during injury to adjacent organs. In addition, of these findings, pregnancy is regarded treatment. the Panel stated that the safety of as an absolute contraindication of Kabalin et al. demonstrated that while lithotripsy among certain subgroups is lithotripsy (Refs. 12, 74, 76, and 91). autonomic dysreflexia may occur in unknown, such as pregnant women, The medical community has raised the spinal cord injured patients during children, and women of childbearing concern that lithotripsy for stones in the lithotripsy, this condition is effectively potential with lower ureteral stones. lower ureter in women of childbearing treated by terminating shock wave Although hypertension has historically potential may cause irreversible damage delivery and administering medical been listed as a potential risk of to the ovary (Ref. 12). Although several therapy (Ref. 42). extracorporeal shock wave lithotripsy, investigators have failed to detect Although infrequently noted, stone the Panel stated that sufficient evidence ovarian damage in women receiving fragments have the potential to become now exists to conclude that this extracorporeal shock wave lithotripsy to embedded in the ureteral wall during condition should not be listed as an the lower ureter (Refs. 25 and 91), this lithotripsy (Ref. 28). Obstructing actual risk to health. potential risk has not been fully submucosal calculi may necessitate The Panel believes that the assessed (Ref. 12). Lastly, Yeaman et al. endoscopic removal. extracorporeal shock wave lithotripter observed growth plate disturbances in Some investigators have observed should be reclassified into class II the epiphyses of developing long bones higher stone recurrence rates following because special controls, in addition to in rats subjected to shock waves, extracorporeal shock wave lithotripsy as general controls, provide reasonable indicating that extracorporeal shock compared to alternative stone removal assurance of the safety and effectiveness wave lithotripsy may cause growth therapies, indicating that retained stone of the device, and there is sufficient disturbances in children (Ref. 103). particles may act as a nidus for new information to establish special controls Although these same growth stone formation (Ref. 10). However, the to provide such assurance. disturbances were not duplicated in a magnitude and significance of this finding are unclear and continue to VII. Summary of Data Upon Which the subsequent animal study (Ref. 96), the Panel Recommendation Is Based long-term effects of lithotripsy shock undergo investigation. Based on the information discussed waves upon nontarget pediatric tissues VI. Summary of Reasons for by the Panel during the reclassification remain unknown. Recommendation proceedings, the published literature, H. Other Complications After reviewing the data provided by and data in premarket approval (PMA) Other reported complications of FDA, and after consideration of the applications available to FDA under extracorporeal shock wave lithotripsy open discussions during the Panel section 520(h)(4) of the act, as amended include pain/renal colic, skin irritation/ meeting and the Panel members’ by FDAMA, FDA believes that there is bruising, nausea/vomiting, fever, personal knowledge of and clinical reasonable knowledge of the benefits of vasovagal syncope, autonomic experience with the device, the Panel the device when used for the dysreflexia, embedded stone fragments, gave the following reasons in support of fragmentation of kidney and ureteral and increased stone recurrence rate. its recommendation to reclassify the calculi. Extracorporeal shock wave Pain/renal colic and skin irritation/ generic type extracorporeal shock wave lithotripsy successfully fragments most bruising commonly occur during and lithotripter for use in fragmenting urinary calculi. Effectiveness, expressed immediately after treatment (Refs. 22, kidney and ureteral calculi from class III as the percentage of patients rendered 24, 47, and 84), are less severe with into class II: (1) The safety and stone-free within 3 months, ranges lithotripters that have less powerful effectiveness of the extracorporeal shock between 55 to 98 percentage with a shock waves and larger shock wave wave lithotripter in the fragmentation of typical retreatment rate of 1 to 25 generator apertures (Refs. 22, 47, and kidney and ureteral calculi has become percentage (Refs. 11, 20, 22 to 24, 47, 51, 79), and typically resolve spontaneously well-established since approval of the 75, 84, 87, 89, and 93). Successful (Ref. 22). Temporary pain/renal colic first device in 1984; (2) extracorporeal treatment outcome has been achieved may also occur secondary to the passage shock wave lithotripsy is effective in despite the use of different shock wave of stone fragments, which is often treating most kidney and ureteral generator designs (i.e., electrostatic managed with medication. Chronic pain calculi, with a typical stone-free rate of spark discharge, electromagnetically may be indicative of ureteral obstruction 75 percent; and (3) the rates of serious repelled membranes, piezoelectric or renal hematoma (Refs. 4, 84, and 92). complications from extracorporeal crystal arrays) and wide range of shock Transient nausea and vomiting are shock wave lithotripsy are low, and can wave characteristics. Similarly, occasionally reported immediately after be effectively minimized by: (a) extracorporeal shock wave lithotripter lithotripsy (Refs. 22, 24, and 37), and Consensus standards regarding shock effectiveness is comparable among the may be associated with either pain or wave characterization measurements different anatomical sites of the upper the administration of sedatives or and general mechanical and electrical urinary tract. Specifically, similar stone- analgesia. safety, (b) clinical performance testing, free rates are reported for stones in the Fever has been reported after (c) labeling restrictions, and (d) kidney and the upper, middle, and lithotripsy (Refs. 24, 31, 47, and 77), and physician training restrictions (Ref. 94). lower ureter, making extracorporeal may be secondary to infection (Ref. 23). Based on information presented by shock wave lithotripsy the first-line Vasovagal syncope (heart rate FDA, along with the Panel members’ therapy for most upper urinary calculi suppression concurrent with personal knowledge and clinical (Refs. 11, 13, 21, 46, 66, and 90). hypotension) has been reported during experience, the Panel identified the Despite being capable of effectively lithotripsy, although its incidence is following risks to health regarding the fragmenting most urinary stones, there Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 5991 are several limitations to the success of either associated with less morbidity characterization measurements, (3) extracorporeal shock wave lithotripsy. (e.g., open surgery, percutaneous assessment of localization accuracy, (4) Many studies have observed poor nephrolithotomy, ureteroscopy) (Refs. 8, clinical performance testing, and (5) effectiveness with both staghorn and 54, 57, and 84) or increased success physician training restrictions for large (i.e., greater than 2 centimeters in (e.g., watchful waiting) (Ref. 67). premarket notifications for largest dimension) stones, leading to the Based on the available information, extracorporeal shock wave lithotripters. recommendation that alternative stone FDA believes that the special controls These sections of the guidance removal therapies should be considered discussed in section VIII of this document correspond to the controls for these cases (Refs. 57, 64, 75, 84, and document are capable of providing recommended by the Panel. 88). Furthermore, some stone reasonable assurance of the safety and 1. Conformance to consensus standards compositions, particularly cystine effectiveness of the extracorporeal shock The FDA guidance document calculi, are more resistant to wave lithotripter with regard to the recommends conformance to the fragmentation than others, and, identified risks to health of this device. following consensus standards: (1) therefore, may require more shocks than International Electrotechnical VIII. Special Controls other stone types (Refs. 34 and 91). Commission (IEC) 60601–2–36 Medical Because the effectiveness of lithotripsy In addition to general controls, FDA electrical equipment—Part 2: Particular is predicated on the resulting stone believes that the extracorporeal shock requirements for the safety of equipment fragments passing from the urinary tract, wave lithotripter should be subject to for extracorporeally induced lithotripsy; patients with an obstruction distal to the the special controls of labeling (Ref. 39) and (2) IEC 61846 stone cannot be successfully treated restrictions and a FDA guidance Ultrasonics—Pressure pulse until resolution of the obstruction (Refs. document to minimize the risks to lithotripters—Characteristics of fields 8, 29, and 57). Stones that are embedded health identified for this device. (Ref. 40). or impacted within the tissue of the A. Labeling Restrictions Conformance with IEC 60601–2–36 kidney or ureter are also not effectively can control the risks of bleeding, renal treated with lithotripsy, due to the Labeling restrictions can control the injury, and injury to adjacent organs by inability of the stone fragments to pass risks of bleeding, renal injury, cardiac requiring that the device accurately out of the body (Refs. 29 and 46). Lastly, arrhythmia, urinary obstruction, localize stones at the shock wave focus lithotripsy is not effective in patients infection, injury to adjacent organs, and and be designed to guard against with anatomical conditions that prevent other reported complications by unintentional shock wave delivery. targeting of the shock wave focus at the providing information on patient Conformance with IEC 61846 can stone, such as severe obesity (Refs. 29 selection, treatment practices, post- control the risks of bleeding, renal and 91) or orthopedic deformity (Ref. treatment followup, and potential injury, and injury to adjacent organs by 53). adverse events. Specifically, FDA is providing a standard method for Although extracorporeal shock wave proposing that extracorporeal shock characterizing the lithotripter’s acoustic lithotripsy is effective for the treatment wave lithotripters be subject to the output for the purpose of determining of most ureteral calculi, in some specific labeling statements listed in the whether its shock wave characteristics instances it is not effective as a first-line appendix as a special control, in are within the range provided by therapy. Many authors report poor addition to other required labeling existing systems. localization of ureteral stones using information. 2. Shock wave characterization ultrasound imaging, making lithotripsy Under 21 CFR 801.109(b)(ii) and measurements difficult or impossible if the lithotripter section 520(e) of the act, FDA also Shock wave characterization does not incorporate or use an x-ray proposes as described in the guidance measurements can control the risks of imaging system (Refs. 35, 47, and 90). document entitled ‘‘Guidance for the bleeding, renal injury, and injury to Additionally, small stones in the middle Content of Premarket Notifications adjacent organs by having each or lower ureter (i.e., 4 to 6 mm in largest (510(k)s) for Extracorporeal Shock Wave manufacturer assess whether the shock dimension) have a high probability of Lithotripters Indicated for the wave characteristics of its lithotripter passing spontaneously (Ref. 67), making Fragmentation of Kidney and Ureteral are within the range provided by the use of lithotripsy unnecessary Calculi’’ to require the following existing systems. unless immediate intervention is statement: ‘‘CAUTION: Federal law 3. Assessment of localization accuracy required. restricts this device to sale by or on the Assessment of localization accuracy Since its introduction in the United order of a physician trained and/or can control the risks of bleeding, renal States in 1984, extracorporeal shock experienced in the use of this device as injury, and injury to adjacent organs by wave lithotripsy has become the outlined in an appropriate training having each manufacturer verify that its preferred treatment for kidney and program.’’ device accurately positions stones at the ureteral calculi (Refs. 56 and 91). Not shock wave focus. only is lithotripsy extremely effective, B. FDA Guidance Document 4. Clinical performance testing but the overall rate of serious risks from Adherence to the FDA guidance Clinical performance testing can extracorporeal shock wave lithotripsy, document entitled ‘‘Guidance for the control the risks of bleeding, renal primarily clinically significant renal Content of Premarket Notifications injury, cardiac arrhythmia, and injury to hematoma, severe hemorrhage, chronic (510(k)s) for Extracorporeal Shock Wave adjacent organs by verifying that the renal injury, and sepsis, is low and can Lithotripters Indicated for the device accurately locates the target be effectively minimized. Treatment is Fragmentation of Kidney and Ureteral stone, delivers shock waves in noninvasive, often delivered in an Calculi’’ (Ref. 26) can control the risks accordance with the parameters set by outpatient setting, and can be performed of bleeding, renal injury, cardiac the operator, and does not present an without general or regional anesthesia arrhythmia, urinary obstruction, unreasonable risk of injury to the with many systems (Refs. 37, 56, and infection, injury to adjacent organs, and patient. As recommended by the Panel, 104). Compared to alternative therapies other reported complications by this testing can take the form of either for the removal of urinary calculi, recommending: (1) Conformance to a small, confirmatory clinical study or a extracorporeal shock wave lithotripsy is consensus standards, (2) shock wave larger clinical investigation of safety and 5992 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules effectiveness, depending upon the Porcine Kidneys Using the EDAP LT.02,’’ Prophylactic Antibiotics during technological characteristics of the Journal of Urology, 153:1295–1298, 1995. Extracorporeal Shock Wave Lithotripsy,’’ particular device (Ref. 94). For 4. Antoniou, N. K., D. Karanastasis, and J. International Urology and Nephrology, extracorporeal shock wave lithotripters L. Stenos, ‘‘Severe Perinephric Hemorrhage 29(5):517–521, 1997. after Shock Wave Lithotripsy,’’ Journal of 19. Deliveliotis, Ch., A. Kostakopoulos, N. that generate shock waves using a Endourology, 9(3):239–241, 1995. Stavropoulos, E. Karagiotis, P. Kyriazis, and similar method to that of legally 5. Asroff, S. W., T. E. Kingston, and B. S. C. Dimopoulos, ‘‘Extracorporeal Shock Wave marketed systems and have comparable Stein, ‘‘Extracorporeal Shock Wave Lithotripsy in 5 Patients with Aortic shock wave characteristics, a small, Lithotripsy in Patient with Cardiac Aneurysm,’’ Journal of Urology, 154:1671– confirmatory clinical study should be Pacemaker in an Abdominal Location: Case 1672, 1995. performed. However, for systems that Report and Review of the Literature,’’ Journal 20. Drach, G. W., S. Dretler, W. Fair, B. of Endourology, 7(3):189–192, 1993. Finlayson, J. Gillenwater, D. Griffith, J. use a novel method of shock wave ¨ ¨ generation or have shock wave 6. Atahan, O., T. Alkibay, U. Karaoglan, N. Lingeman, and D. Newman, ‘‘Report of the Deniz, and I. Bozkirli, ‘‘Acute Bioeffects of United States Cooperative Study of characteristics that are outside of the Electromagnetic Lithotripsy,’’ Scandinavian Extracorporeal Shock Wave Lithotripsy,’’ range of current devices, a larger clinical Journal of Urology and Nephrology, 30:269– Journal of Urology, 135:1127–1133, 1986. investigation is necessary to assess 272, 1996. 21. Ehreth, J. T., G. W. Drach, M. L. Arnett, safety and effectiveness. 7. Back, W., K. U. Ko¨hrmann, J. R. B. Barnett, D. Govan, J. Lingeman, S. A. 5. Physician training restrictions Bensemann, J. Rassweiler, and P. Alken, Loening, D. M. Newman, J. M. Tudor, and S. ‘‘Histomorphologic and Ultrastructural Saada, ‘‘Extracorporeal Shock Wave Physician training restrictions can Findings of Shockwave-Induced Lesions in Lithotripsy: Multicenter Study of Kidney and control the risks of bleeding, renal the Isolated Perfused Kidney of the Pig,’’ Upper Ureter Versus Middle and Lower injury, cardiac arrhythmia, urinary Journal of Endourology, 8(4):257–261, 1994. Ureter Treatments,’’ Journal of Urology, obstruction, infection, injury to adjacent 8. Bush, W. H. and G. E. Brannen, 152:1379–1385, 1994. organs, and other reported lithotripsy, Encyclopedia of Medical Devices 22. Elabbady, A., G. Mathes, D. D. complications by having each and Instrumentation, J. G. Webster (ed.), John Morehouse, J. Honey, J. Pahira, R. Zeman, J. manufacturer develop a training Wiley & Sons, New York, Vol. 3, pp. 1806– Paquin, R. Faucher, and M. M. 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Anticoagulant Therapy,’’ Journal of 9000,’’ Journal of Lithotripsy and Stone 102. Winters, J. C. and J. N. Macaluso, Jr., Lithotripsy and Stone Disease, 3(4):353–356, Disease, 3(3):241–248, 1991. ‘‘Ungated Medstone Outpatient Lithotripsy,’’ 1991. 88. Segura, J. W., G. M. Preminger, D. G. Journal of Urology, 153:593–595, 1995. 74. Preminger, G. M., ‘‘Review: In Vivo Assimos, S. P. Dretler, R. I. Kahn, J. E. 103. Yeaman, L. D., C. P. Jerome, and D. Effects of Extracorporeal Shock Wave Lingeman, J. N. Macaluso, Jr., and D. L. L. McCullough, ‘‘Effects of Shock Waves on Lithotripsy: Animal Studies,’’ Journal of McCullough, ‘‘Nephrolithiasis Clinical the Structure and Growth of the Immature Endourology, 7(5):375–378, 1993. Guidelines Panel Summary Report on the Rat Epiphysis,’’ Journal of Urology, 141:670– 75. Psihramis, K. E., M. A. S. Jewett, C. Management of Staghorn Calculi,’’ Journal of 674, 1989. Bombardier, D. Caron, M. Ryan, and the Urology, 151:1648–1651, 1994. 104. Zommick, J., R. Leveillee, A. Zabbo, Toronto Lithotripsy Associates, ‘‘Lithostar 89. Simon, D., ‘‘Experience with 500 L. Colasanto, and D. Barrette, ‘‘Comparison of Extracorporeal Shock Wave Lithotripsy: The Extracorporeal Shockwave Lithotripsy General Anesthesia and Intravenous First 1,000 Patients,’’ Journal of Urology, Patients Using a Low-Cost Unit,’’ Journal of Sedation-Analgesia for SWL,’’ Journal of 147:1006–1009, 1992. Endourology, 9(3):215–218, 1995. Endourology, 10(6):489–491, 1996. 76. Radiation Safety Committee of the 90. Singal, R. K. and J. D. Denstedt, European Federation of Societies for ‘‘Contemporary Management of Ureteral XI. Environmental Impact Ultrasound in Medicine and Biology, Stones,’’ Urologic Clinics of North America, The agency has determined under 21 ‘‘Guidelines for the Safe Use of 24(1):59–70, 1997. CFR 25.34(b) that this reclassification Extracorporeal Shock-Wave Lithotripsy 91. Streem, S. B., ‘‘Contemporary Clinical action is of a type that does not (ESWL) Devices,’’ Ultrasound in Medicine Practice of Shock Wave Lithotripsy: A and Biology, 20(3):315–316, 1994. Reevaluation of Contraindications,’’ Journal individually or cumulatively have a 77. Rahav, G., H. Strul, D. Pode, and M. of Urology, 157:1197–1203, 1997. significant effect on the human Shapiro, ‘‘Bacteriuria following 92. Stoller, M. L., L. Litt, and R. G. Salazar, environment. Therefore, neither an Extracorporeal Shock-Wave Lithotripsy in ‘‘Severe Hemorrhage after Extracorporeal environmental assessment nor an Patients Whose Urine Was Sterile before the Shock-Wave Lithotripsy,’’ Annals of Internal environmental impact statement is Procedure,’’ Clinical Infectious Diseases, Medicine, 111(7):612–613, 1989. required. 20:1317–1320, 1995. 93. Tolon, M., C. Miroglu, H. Erol, J. Tolon, 78. Rashid, P., D. Steele, and J. Hunt, D. Acar, E. Bazmanoglu, A. Erkan, and S. XII. Analysis of Impacts ‘‘Splenic Rupture after Extracorporeal Shock Amato, ‘‘A Report on Extracorporeal Shock FDA has examined the impacts of the Wave Lithotripsy,’’ Journal of Urology, Wave Lithotripsy Results on 1,569 Renal proposed rule under Executive Order 156:1756–1757, 1996. Units in an Outpatient Clinic,’’ Journal of 79. Rassweiler, J., A. Westhauser, P. Bub, Urology, 145:695–698, 1991. 12866 and the Regulatory Flexibility Act and F. Eisenberger, ‘‘Second-Generation 94. Transcripts of the Gastroenterology and (5 U.S.C. 601–612) (as amended by Lithotripters: A Comparative Study,’’ Journal Urology Devices Advisory Panel meeting, subtitle D of the Small Business of Endourology, 2(2):193–204, 1988. July 30, 1998. Regulatory Fairness Act of 1996 (Pub. L. 80. Raz, R., A. Zoabi, M. Sudarsky, and J. 95. Tuteja, A. K., J. P. Pulliam, T. H. 104–121), and the Unfunded Mandates Shental, ‘‘The Incidence of Urinary Tract Lehman, and L. W. Elzinga, ‘‘Anuric Renal Reform Act of 1995 (Pub. L. 104–4)). Infection in Patients without Bacteriuria Who Failure from Massive Bilateral Renal Executive Order 12866 directs agencies Underwent Extracorporeal Shock Wave Hematoma following Extracorporeal Shock to assess all costs and benefits of Lithotripsy,’’ Journal of Urology, 151:329– Wave Lithotripsy,’’ Urology, 50(4):606–608, available regulatory alternatives and, 330, 1994. 1997. 81. Robertson, J. B., M. O. Koch, F. K. 96. Van Arsdalen, K. N., S. Kurzweil, J. when regulation is necessary, to select Kirchner, Jr., and J. A. Smith, Jr., Smith, and R. M. Levin, ‘‘Effects of regulatory approaches that maximize ‘‘Suboptimal Treatment Results with the Lithotripsy on Immature Rabbit Bone and net benefits (including potential Therasonics Lithotripter,’’ Journal of Urology, Kidney Develoment,’’ Journal of Urology, economic, environmental, public health 152:317–319, 1994. 146:213–216, 1991. and safety, and other advantages, 82. Roessler, W., P. Steinbach, R. Seitz, F., 97. Vassolas, G., R. A. Roth, and F. J. distributive impacts and equity). The Hofstaedter, and W. F. Wieland, Venditti, Jr., ‘‘Effect of Extracorporeal Shock agency believes that this reclassification ‘‘Mechanisms of Shockwave Action in the Wave Lithotripsy on Implantable action is consistent with the regulatory Human Kidney,’’ Journal of Endourology, Cardioverter Defibrillator,’’ PACE, 16:1245– philosophy and principles identified in 9(6):443–448, 1995. 1248, 1993. 83. Roessler, W., W. F. Wieland, P. 98. Vaughan E. D., Jr., J. N. Tobin, M. H. the Executive Order. In addition, the Steinbach, F. Hofstaedter, S. Thu¨ roff, and C. Alderman, R. E. Sosa, G. W. Drach, and the reclassification action is not a Chaussy, ‘‘Side Effects of High-Energy NEMA Kidney Stone Blood Pressure Study significant regulatory action as defined Shockwaves in the Human Kidney: First Group (KSBPS), ‘‘Extracorporeal Shock Wave by the Executive Order and so is not Experience with Model Comparing Two Monotherapy Does Not Cause Renal subject to review under the Executive Shockwave Sources,’’ Journal of Dysfunction or Elevated Blood Pressure,’’ Order. Endourology, 10(6):507–511, 1996. Journal of Urology, 155:539A, abstract 915, The Regulatory Flexibility Act 84. Roth, R. A. and C. F. Beckmann, 1996. requires agencies to analyze regulatory ‘‘Complications of Extracorporeal Shock- 99. Williams, C. M., J. V. Kaude, R. C. options that would minimize any Wave Lithotripsy and Percutaneous Newman, J. C. Peterson, and W. C. Thomas, significant impact of a rule on small Nephrolithotomy,’’ Urologic Clinics of North ‘‘Extracorporeal Shock Wave Lithotripsy: America, 15(2):155–166, 1988. Long-Term Complications,’’ American entities. Reclassification of the device 85. Ruiz, H. and B. Saltzman, ‘‘Aspirin- Journal of Roentgenology, 150:311–315, 1988. from class III to class II will relieve Induced Bilateral Renal Hemorrhage after 100. Willis, L. R., A. P. Evan, B. A. manufacturers of the cost of complying Extracorporeal Shock Wave Lithotripsy Connors, N. S. Fineberg, and J. E. Lingeman, with the premarket approval Therapy: Implications and Conclusions,’’ ‘‘Effects of SWL on Glomerular Filtration requirements in section 515 of the act. Journal of Urology, 143:791–792, 1990. Rate and Renal Plasma Flow in Because reclassification will reduce 86. Ryan, P. C., B. J. Jones, E. W. Kay, P. Uninephrectomized Minipigs,’’ Journal of regulatory costs with respect to this Nowlan, E. A. Kiely, E. F. Gaffney, and M. Endourology, 11(1):27–32, 1997. device, it will impose no significant R. Butler, ‘‘Acute and Chronic Bioeffects of 101. Willis, L. R., A. P. Evan, B. A. economic impact on any small entities, Single and Multiple Doses of Piezoelectric Connors, G. Reed, N. S. Fineberg, and J. A. Shockwaves (EDAP LT.01),’’ Journal of Lingeman, ‘‘Effects of Extracorporeal Shock and it may permit small potential Urology, 145:399–404, 1991. Wave Lithotripsy to One Kidney on Bilateral competitors to enter the marketplace by 87. Schmidt, A., J. Seibold, P. Bub, and F. Glomerular Filtration Rate and PAH lowering their costs. The agency Eisenberger, ‘‘Urologic Experience with the Clearance in Minipigs,’’ Journal of Urology, therefore certifies that this Dornier Multipurpose Lithotripter MPL 156:1502–1506, 1996. reclassification action, if finalized, will Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 5995 not have a significant economic impact transferred to the patient’s body through shock wave repetition rate, shock wave on a substantial number of small a water-filled rubber cushion or by delivery should either be terminated or entities. In addition, this reclassification direct contact of the patient’s skin with switched to an ECG-gated mode (i.e., action will not impose costs of $100 the water. After the stone has been delivery of the shock wave during the million or more on either the private fragmented by the focused shock waves, refractory period of the patient’s cardiac sector or state, local, and tribal the fragments pass out of the body with cycle). As a general practice, patients governments in the aggregate, and the patient’s urine. with a history of cardiac arrhythmia therefore a summary statement of (b) Classification. Class II (special should be treated in the ECG-gated analysis under section 202(a) of the controls). mode. (If the system is capable of Unfunded Mandates Reform Act of 1995 (1) Labeling that contains the delivering shock waves at a fixed is not required. statements listed in the appendix in frequency.) addition to other required labeling Cardiac disease, immunosuppression, XIII. Request for Comments information. and diabetes mellitus: Prophylactic Interested persons may, on or before (2) FDA guidance document entitled antibiotics should be administered prior May 10, 1999 submit to the Dockets ‘‘Guidance for the Content of Premarket to extracorporeal shock wave lithotripsy Management Branch (address above) Notifications (510(k)’s) for treatment to patients with cardiac written comments regarding this Extracorporeal Shock Wave disease (including valvular disease), document. Two copies of any comments Lithotripters Indicated for the immunosuppression, and diabetes are to be submitted, except that Fragmentation of Kidney and Ureteral mellitus, to prevent bacterial and/or individuals may submit one copy. Calculi.’’ subacute endocarditis. Comments are to be identified with the Cardiac monitoring: Always perform docket number found in brackets in the APPENDIX TO § 876.5990: Labeling cardiac monitoring during lithotripsy heading of this document. Received Restrictions treatment, because the use of comments may be seen in the office a. Contraindications: extracorporeal shock wave lithotripsy above between 9 a.m. and 4 p.m., Do not use the device in patients with: has been reported to cause ventricular Monday through Friday. Anatomy which precludes focusing cardiac arrhythmias in some the device at the target stone, such as individuals. This warning is especially List of Subjects in 21 CFR Part 876 severe obesity or excessive spinal important for patients who may be at Medical devices. curvature. risk of cardiac arrhythmia due to a Therefore, under the Federal Food, Arterial calcification or vascular history of cardiac irregularities or heart Drug, and Cosmetic Act and under aneurysm in the lithotripter’s shock failure. authority delegated to the Commissioner wave path. Infected stones: Prophylactic of Food and Drugs, it is proposed that Coagulation abnormalities (as antibiotics should be administered prior 21 CFR part 876 be amended as follows: indicated by abnormal prothrombin to treatment whenever the possibility of time, partial thromboplastin time, or stone infection exists. Extracorporeal PART 876ÐGASTROENTEROLOGY± bleeding time) or those currently shock wave lithotripsy treatment of UROLOGY DEVICES receiving anticoagulants (including pathogen-harboring calculi could result 1. The authority citation for 21 CFR aspirin). in systemic infection. part 876 continues to read as follows: Confirmed or suspected pregnancy. Pacemaker or implantable Urinary tract obstruction distal to the defibrillator: To reduce the incidence of Authority: 21 U.S.C. 351, 360, 360c, 360e, stone. 360j, 360l, 371. malfunction to a pacemaker or b. Warnings: implantable defibrillator, the pulse 2. § 876.5990 is added to subpart F to Air-filled interfaces in shock wave generator should be programmed to a read as follows: path: Do not apply shock waves to air- single chamber, non-rate responsive filled areas of the body, i.e., intestines mode (pacemakers) or an inactive mode § 876.5990 Extracorporeal shock wave or lungs. Shock waves are rapidly (implantable defibrillators) prior to lithotripter. dispersed by passage through an air- lithotripsy, and evaluated for proper (a) Identification. An extracorporeal filled interface, which can cause function post-treatment. Do not focus shock wave lithotripter is a device that bleeding and other harmful side effects. the lithotripter’s shock wave through or focuses ultrasonic shock waves into the Anticoagulants: Patients receiving near the pulse generator. body to noninvasively fragment urinary anticoagulants (including aspirin) c. Precautions: calculi within the kidney and ureter. should temporarily discontinue such Impacted or embedded stones: The The primary components of the device medication prior to extracorporeal effectiveness of extracorporeal shock are a shock wave generator, high voltage shock wave lithotripsy to prevent severe wave lithotripsy may be limited in generator, control console, imaging/ hemorrhage. patients with impacted or embedded localization system, and patient table. Bilateral stones: Do not perform stones. Alternative procedures are Prior to treatment, the urinary stone is bilateral treatment of kidney stones in a recommended for these patients. targeted using either an integral or single treatment session, because either Radiographic followup: All patients stand-alone localization/imaging bilateral renal injury or total urinary should be followed radiographically system. Shock waves are typically tract obstruction by stone fragments may after treatment until stone-free or there generated using electrostatic spark result. Patients with bilateral kidney are no remaining stone fragments which discharge (spark gap), stones should be treated using a are likely to cause silent obstruction and electromagnetically repelled separate treatment session for each side. loss of renal function. membranes, or piezoelectric crystal In the event of total urinary obstruction, Renal injury: To reduce the risk of arrays, and focused onto the stone with corrective procedures may be needed to injury to the kidney and surrounding either a specially designed reflector, ensure drainage of urine. tissues, it is recommended that: (1) The dish, or acoustic lens. The shock waves Cardiac arrhythmia during treatment: number of shock waves administered are created under water within the If a patient experiences cardiac during each treatment session be shock wave generator, and are arrhythmia during treatment at a fixed minimized; (2) retreatment to the same 5996 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules kidney/anatomical site occur no sooner reported during extracorporeal shock with urinary obstruction typically than 1 month after the initial treatment; wave lithotripsy at fixed shock wave present with persistent pain, and may and (3) each kidney/anatomical site be delivery in 2 to 20 percentage of be at risk of developing hydronephrosis limited to a total of three treatment patients. These cardiac disturbances with subsequent renal failure if the sessions. rarely pose a serious risk to the healthy obstruction is not promptly treated. Small ureteral stones: Small middle patient, and typically resolve Intervention is necessary if the and lower ureteral stones, 4 to 6 mm in spontaneously upon synchronizing the obstructing fragments do not pass largest dimension, are likely to pass shock waves with the refractory period spontaneously. spontaneously. Therefore, the risks and of the ventricular cycle (i.e., ECG gating) Urinary tract infection: Urinary tract benefits of extracorporeal shock wave or terminating treatment. infection (UTI) occurs in 1 to 7 percent lithotripsy should be carefully assessed Fever (> 38 C): Fever is occasionally of patients following extracorporeal in this patient population. reported after lithotripsy, and may be shock wave lithotripsy as a result of the Staghorn stones: The effectiveness of secondary to infection. release of bacteria from the extracorporeal shock wave lithotripsy Hematoma (perirenal/intrarenal): fragmentation of infected calculi, and may be limited in patients with either Clinically significant intrarenal or infrequently results in pyelonephritis or staghorn or large (≤ 20 mm in largest perirenal hematomas occur in < 1 sepsis. The risk of infectious dimension) stones. Alternative percentage of lithotripsy treatments. complications secondary to procedures are recommended for these Typically patients who experience this extracorporeal shock wave lithotripsy patients. complication present with severe flank can be minimized through the use of d. Patient Selection and Treatment: pain. Although clinically significant prophylactic antibiotics in patients with Children: The safety and effectiveness hematomas often resolve with UTI and infection stones. of this device in the treatment of conservative management, severe Dated: January 21, 1999. urolithiasis in children have not been hemorrhage and death have been Linda S. Kahn, demonstrated. Although children have reported. Management of severe renal been treated with shock wave therapy hemorrhage includes the administration Deputy Director for Regulations Policy, Center for Devices and Radiological Health. for upper urinary tract stones, of blood transfusions, percutaneous experience with lithotripsy in such drainage, or surgical intervention. [FR Doc. 99–2689 Filed 2–5–99; 8:45 am] cases is limited. Studies indicate that Hematuria: Hematuria occurs BILLING CODE 4160±01±F there are growth plate disturbances in following most treatments, is believed to the epiphyses of developing long bones be secondary to trauma to the renal in rats subjected to shock waves. The parenchyma, and usually resolves DEPARTMENT OF TRANSPORTATION significance of this finding to human spontaneously within 24 to 48 hours of Federal Highway Administration experience is unknown. treatment. Nausea/vomiting: Transient nausea Women of childbearing potential: The 23 CFR Part 180 treatment of lower ureteral stones and vomiting are occasionally reported should be avoided in women of immediately after lithotripsy, and may Federal Railroad Administration childbearing potential. The application be associated with either pain or the of shock wave lithotripsy to this patient administration of sedatives or analgesia. 49 CFR Part 261 population could possibly result in Pain/renal colic: Pain/renal colic irreversible damage to the female commonly occurs during and Federal Transit Administration reproductive system and to the unborn immediately after treatment, and 49 CFR Part 640 fetus in the undiagnosed pregnancy. typically resolves spontaneously. e. Adverse Events: Temporary pain/renal colic may also [FHWA Docket No. FHWA±98±47±15] Potential adverse events associated with occur secondary to the passage of stone the use of extracorporeal shock wave fragments, and can be managed with RIN 2125±AE49 lithotripsy include those listed below, medication. Credit Assistance for Surface categorized by frequency and Renal injury: Extracorporeal shock Transportation Projects individually described: wave lithotripsy procedures have been 1. Potential Adverse Events of known to cause damage to the treated AGENCY: Federal Highway Extracorporeal Shock Wave Lithotripsy kidney. The potential for injury, its Administration (FHWA), Federal Categorized by Frequency: long-term significance, and its duration Railroad Administration (FRA), Federal a. Commonly reported (> 20 are unknown. Transit Administration (FTA), U.S. percentage of patients): Hematuria, Skin bruising at shock wave entry site: Department of Transportation (DOT). pain/renal colic, skin redness at shock Skin bruising at the shock wave entry ACTION: Notice of proposed rulemaking wave entry site. site occasionally occurs after treatment, (NPRM); request for comments. b. Occasionally reported (1 to 20 and it typically resolves spontaneously. percentage of patients): Cardiac Skin redness at shock wave entry site: SUMMARY: This document proposes to arrhythmia, urinary tract infection, Skin redness at the shock wave entry implement a new program enacted urinary obstruction/steinstrasse, skin site commonly occurs during and under the Transportation Infrastructure bruising at shock wave entry site, fever immediately after treatment, and Finance and Innovation Act of 1998 (> 38EC), nausea/vomiting. typically resolves spontaneously. (TIFIA), to provide credit assistance to c. Infrequently reported (< 1 Urinary obstruction/steinstrasse: surface transportation projects. The percentage of patients): Hematoma Urinary obstruction occurs in up to 6 TIFIA authorizes the DOT to provide (perirenal/intrarenal), renal injury. percent of patients following lithotripsy secured (direct) loans, lines of credit, 2. Description of Adverse Events of due to stone fragments becoming lodged and loan guarantees to public and Extracorporeal Shock Wave Lithotripsy: in the ureter, and may be the result of private sponsors of eligible surface Cardiac arrhythmia: Cardiac either a single stone fragment or the transportation projects. Projects will be arrhythmias, most commonly premature accumulation of multiple small stone evaluated and selected by the Secretary ventricular contractions, are generally particles (i.e., steinstrasse). Patients of Transportation. Following selections, Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 5997 individual credit agreements will be surface transportation projects generally was held in New York City to discuss developed through negotiations between is available at the TIFIA web site at the provision of credit assistance under the project sponsors and the DOT. This http://tifia.fhwa.dot.gov. Among other TEA–21 programs. Another public focus document solicits comments on a information, the DOT will provide group meeting of about 60 governmental proposed regulation to establish a new responses to commonly asked questions and private sector officials was held on credit assistance program for surface and information on program December 8, 1998, near San Diego, transportation projects; and the process participation. California. On-going DOT activities by which the DOT, through the FHWA, Background include meeting with capital markets the FRA, and the FTA, will administer financial experts and disseminating such credit assistance. The Transportation Equity Act for the program information to the public for 21st Century (TEA–21), Pub. L. 105– DATES: Comments must be submitted on their comments. or before March 10, 1999. 178, 112 Stat. 107, created two new Federal credit programs: The Program Information ADDRESSES: Your signed, written Transportation Infrastructure Finance comments must refer to the docket and Innovation Act of 1998 (TIFIA) and Funding number appearing at the top of this the Railroad Rehabilitation and document and you must submit the The TIFIA authorizes annual funding Improvement Financing Program (RRIF). levels for both total annual credit comments to the Docket Clerk, U.S. RRIF will be addressed in a separate DOT Dockets, Room PL–401, 400 amounts (i.e., the total principal notice of proposed rulemaking. TIFIA, amounts that may be disbursed in the Seventh Street, SW, Washington, DC as amended by section 9007, Pub. L. form of direct loans, loan guarantees, or 20590–0001. All comments received 105–206, 112 Stat. 685, 849, and lines of credit) and subsidy amounts will be available for examination at the codified at 23 U.S.C. 181–189, (i.e., the amounts of budget authority above address between 9:00 a.m. and establishes a new Federal credit available to cover the estimated present 5:00 p.m., e.t., Monday through Friday, program for surface transportation except Federal holidays. Those desiring projects. Funding for this program is value of default losses associated with notification of receipt of comments must limited, meaning that projects obtaining the provision of credit instruments, net include a self-addressed, stamped assistance under TIFIA will be selected of any fee income). Funding for the envelope or postcard. on a competitive basis. Final selections subsidy amounts is provided in the form FOR FURTHER INFORMATION CONTACT: of projects will be made by the Secretary of budget authority funded from the FHWA: Mr. Max Inman, Office of of Transportation. Highway Trust Fund, other than the Budget and Finance, Federal-Aid Credit assistance programs such as Mass Transit Account. As a practical Financial Management Division, (202) TIFIA are designed to help financial example, for fiscal year 1999, TIFIA 366–0673. FRA: Ms. JoAnne McGowan, markets develop the capability to provides $80 million in budget Office of Passenger and Freight Services, supplement the role of the Federal authority to fund the subsidy costs Freight Program Division, (202) 493– Government in helping finance the costs associated with a total nominal amount 6390. FTA: Mr. Paul Marx, Office of of large projects of national significance. of direct loans, loan guarantees, and Policy Development, (202) 366–1734. Developing, implementing, and lines of credit that is limited to $1.6 Department of Transportation, 400 evaluating financial assistance programs billion. Depending on the individual Seventh Street, SW, Washington, DC, such as TIFIA is a crucial mission of the risk assessments made for each of the 20590. Office hours are from 7:45 a.m. DOT. To help ensure financial and projects receiving assistance, the total to 4:15 p.m., e.t., Monday through programmatic success, the DOT is amount of credit assistance provided in Friday, except Federal holidays. establishing a multi-agency Credit fiscal year 1999 may be less than the Hearing- and speech-impaired persons Program Steering Committee and $1.6 billion limitation. may access this number via TTY by Working Group. The Steering Total Federal credit assistance calling the Federal Information Relay Committee and Working Group are authorized under TIFIA is limited to Service at 1–800–877–8339. comprised of representatives from the $1.6 billion in fiscal year 1999; $1.8 SUPPLEMENTARY INFORMATION: Office of the Secretary, the Office of billion in fiscal year 2000; $2.2 billion Intermodalism, the FHWA, the FRA, Electronic Access in fiscal year 2001; $2.4 billion in fiscal and the FTA, as well as other DOT year 2002; and $2.6 billion in fiscal year Internet users may access all agencies and offices. The Steering 2003. These amounts lapse if not comments received by the U.S. DOT Committee and Working Group will awarded by the end of the fiscal year for Dockets, Room PL–401, by using the coordinate and monitor all policy which they are provided. universal resource locator (URL) http:// decisions and implementation actions dms.dot.gov. It is available 24 hours associated with this Federal credit To support this assistance by funding each day, 365 days each year. Please assistance program. the required subsidy amounts, TIFIA follow the instructions on-line for more Outreach efforts have already been provides budget authority of $80 million information and help. An electronic made to facilitate the implementation of in fiscal year 1999; $90 million in fiscal copy of this document may be TIFIA. At a July 13, 1998, meeting year 2000; $110 million in fiscal year downloaded using a modem and sponsored by the American Association 2001; $120 million in fiscal year 2002; suitable communications software from of State Highway and Transportation and $130 million in fiscal year 2003. the Government Printing Office’s Officials, DOT representatives met with This budget authority is subject to Electronic Bulletin Board Service at over 100 State transportation officials to annual obligation limitations that may (202) 512–1661. Internet users may discuss implementation of provisions of be established in appropriations law. Of reach the Federal Register’s home page TEA–21, including the Act’s Federal the amounts made available, the at http://www.nara.gov/fedreg and the credit assistance programs. On Secretary may use up to $2 million for Government Printing Office’s web page September 14, 1998, a public focus each of the fiscal years for at http://www.access.gpo.gov/nara. group meeting of about 70 Federal and administrative expenses. Unobligated Additional information on the TIFIA State officials, project sponsors, and budget authority remains available for program and credit assistance for members of the financial community obligation in subsequent years. 5998 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

Credit Instruments funding available to support TIFIA 33 percent credit amount of TIFIA Three types of credit instruments are credit instruments in the current and assistance. future fiscal years. An application permitted under TIFIA: secured (direct) Limitations on Assistance checklist is appended to this NPRM. loans, loan guarantees, and lines of The amount of credit assistance that credit. General rules concerning the Respondents are encouraged to comment on the content of this may be provided to a project under terms governing these credit TIFIA is limited to not more than 33 instruments appear at 23 U.S.C. 183 and checklist, which will serve as the basis for a standard application form. Detailed percent of eligible project costs. Costs 184. More specific terms will be incurred prior to a project sponsor’s determined on a project-specific basis application information will be contained in a handbook of program submission of an application for credit during negotiations between the DOT assistance may be considered in and successful applicants. guidelines that is currently being developed by the DOT and will be calculating eligible project costs only Eligibility posted on the TIFIA web site and made upon approval by the DOT. In addition, available to the public at the time a applicants shall not include application Sections 181 and 182 of title 23, charges or any other expenses U.S.C., describe the conditions that solicitation for applications is published. associated with the application process govern a project’s eligibility for (such as charges associated with assistance under TIFIA. Projects shall Charges obtaining the required preliminary have eligible costs of at least $100 The DOT will require a non- rating opinion letter, as discussed million or an amount equal to 50 below) in the total project cost. No costs percent of Federal-aid highway funds refundable initiation charge for each project applying for credit assistance financed internally or with interim apportioned to the State in which the funding may be reimbursed later than a project is located for the most recently under TIFIA. The DOT may also require an additional credit processing charge year following substantial completion of completed fiscal year, whichever is the project. for projects selected to receive lesser. Projects principally involving the Within the overall credit assistance assistance. The proceeds of any such installation of an intelligent limitation of 33 percent of eligible transportation system (ITS) must cost at charges will equal a portion of the costs project costs, the DOT may consider least $30 million. To be eligible for to the Federal Government of soliciting making multi-year contingent assistance, projects must be classified and evaluating applications, selecting commitments of budget authority and within the following categories: projects to receive assistance, and associated credit assistance for 1. Surface transportation projects as negotiating credit agreements. For fiscal especially large projects with extended defined under title 23 or chapter 53 of year 1999, the DOT proposes an construction periods and financing title 49 of the United States Code; application initiation charge of $5,000 needs. In this instance, any reservation 2. International bridge or tunnel for each project applying for credit of future-year funding shall be made projects for which an international assistance under TIFIA. The DOT does through a letter of intent and shall be entity authorized under Federal or State not propose any credit processing contingent on the project’s law is responsible; charges for fiscal year 1999. For fiscal demonstrating satisfactory progress to 3. Intercity passenger bus or rail years 2000 and beyond, the DOT may the DOT. Depending on the overall facilities and vehicles, including those adjust the amount of the application demand for credit assistance under owned by the National Railroad initiation charge, and will determine the TIFIA, the DOT may limit such Passenger Corporation and components appropriate amount of the credit contingent commitments to 50 percent of magnetic levitation transportation processing charge based on early of the budget authority becoming systems; or program implementation experience in available in applicable future years. If 4. Publicly-owned intermodal surface fiscal year 1999. The DOT will publish such a multi-year commitment is made, freight transfer facilities, provided that these amounts in each Federal Register each year’s loan will be tied to distinct, the facilities: solicitation for applications. clearly identified project segments or (a) are located on or adjacent to The Secretary cannot accept or stages. National Highway System routes or compel from borrowers the subsidy connections to the National Highway costs of TIFIA credit instruments. Rating Requirement System, and (b) are not seaports or However, the Secretary does have the The TIFIA allows the DOT to partially airports. authority to establish fees at a level fund a credit instrument up to the sufficient to cover all or a portion of the estimated subsidy amount based on a Application Process subsidy costs to the Federal Government preliminary rating opinion letter. Public or private applicants for credit of providing credit assistance under However, the DOT proposes to provide assistance will be required to submit TIFIA. Therefore, such fees could credit assistance only after a formal applications to the DOT in order to be potentially reduce the subsidy cost of a credit agreement has been executed and considered for approval. Each fiscal year TIFIA credit instrument to zero. That is the project’s senior obligations have for which credit assistance is available, to say, if in a given year there is obtained a formal investment-grade the DOT will publish a Federal Register insufficient budget authority to fund the rating. notice to solicit applications for credit credit instrument for a qualified project In administering this provision, the assistance. This notice will also be that has been selected to receive TIFIA DOT will require each applicant to posted on the TIFIA web site, at the assistance, the DOT may increase the furnish a preliminary rating opinion address cited above. The notice will application initiation charge or the letter as part of the application process. specify the relevant due dates for that credit processing charge on the The applicant is responsible for year’s application submissions and approved applicant to reduce the identifying and approaching one or funding approvals, as well as the subsidy cost of that project. Note that more rating agencies to obtain such address to which applications should be any such fees or charges may not be letter. This letter is to indicate that the sent. It will also advise potential included among total project costs for applicant project’s senior obligations applicants of the estimated amount of the purpose of calculating the maximum have the potential of attaining an Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 5999 investment-grade rating. This letter will approved State Transportation (including both credit and grant allow the DOT to evaluate the Improvement Program. assistance from any source) and/or type application and potentially select the With this rulemaking, the DOT of transportation project. project and execute a term sheet upon elaborates on criterion 4 (repayment of Tax Status of Loan Guarantees which funds are obligated. The project financing from user fees or other disbursement of any funds will be dedicated revenue sources). In applying The TIFIA did not amend the contingent upon the execution of a this threshold criterion, the DOT will provisions in section 149(b) of the formal credit agreement between the not consider current or future Federal Internal Revenue Code that prohibit the DOT and the project sponsor and the funds, regardless of source, to be a use of direct or indirect Federal receipt of a formal investment-grade dedicated revenue source. This guarantees of tax-exempt obligations. rating on the project’s senior interpretation is consistent with Accordingly, the interest income on any obligations. This rating must apply to all congressional intent that the Federal project loan that is directly or indirectly project obligations with claims senior to Government position itself as a federally guaranteed under TIFIA, shall that of the Federal credit instrument on minority-share investor in the context of not be exempt from Federal income the security pledged to the Federal this credit program. taxation. credit instrument. Rulemaking Analysis and Notices As suggested by the preceding Selection Criteria paragraphs, the DOT’s Federal credit The Secretary shall consider the The 30-day comment period is instrument may have a junior claim to following eight criteria in evaluating necessary to help ensure that this new other debt issued for the project in terms and selecting among eligible projects to program can be implemented before the of its priority interest in the project’s receive credit assistance: credit amount authorized for fiscal year pledged security. However, the DOT’s (1) The extent to which the project is 1999 ($1.6 billion) lapses. Given the claim on assets should not be nationally or regionally significant, in need for the DOT to solicit and evaluate subordinated to the claims of other terms of generating economic benefits, applications, make selections, negotiate creditors in the event of a default supporting international commerce, or agreements with project sponsors, and leading to bankruptcy, insolvency, or otherwise enhancing the national obligate funds before the end of fiscal liquidation of the obligor. The DOT’s transportation system; year 1999, the usual 60-day comment interest may include collateral other (2) The creditworthiness of the period would be both impracticable and than pledged revenues. project, including a determination by contrary to public interest and the Secretary that any financing for the congressional intent. Threshold Criteria project has appropriate security All comments received before the To be eligible to receive Federal credit features, such as a rate covenant, to close of business on the comment assistance under TIFIA, a project shall ensure repayment; closing date indicated above will be meet the following five threshold (3) The extent to which such considered and will be available for criteria: assistance would foster innovative examination using the docket number (1) The project shall be included in a public-private partnerships and attract appearing at the top of this document in State transportation plan and, at such private debt or equity investment; the docket room at the above address. time as an agreement to make a Federal (4) The likelihood that such assistance The DOT will file comments received credit instrument is entered into under would enable the project to proceed at after the comment closing date in the this Act, in an approved State an earlier date than the project would docket and will consider late comments Transportation Improvement Program. otherwise be able to proceed; to the extent practicable. The DOT may, (2) A State, local servicer, or other (5) The extent to which the project however, issue a final rule at any time entity undertaking the project shall uses new technologies, including after the close of the comment period. submit a project application to the Intelligent Transportation Systems In addition to late comments, the DOT Secretary of Transportation; (ITS), that enhances the efficiency of the will also continue to file, in the docket, (3) A project shall have eligible project; relevant information becoming available project costs that are reasonably (6) The amount of budget authority after the comment closing date. anticipated to equal or exceed the lesser required to fund the Federal credit Interested persons should continue to of $100 million or 50 percent of the instrument made available; examine the docket for new material. amount of Federal-aid highway funds (7) The extent to which the project apportioned for the most recently helps maintain or protect the Executive Order 12866 (Regulatory completed fiscal year to the State in environment; and Planning and Review) and DOT which the project is located (in the case (8) The extent to which such Regulatory Policies and Procedures of a project principally involving the assistance would reduce the The DOT has determined that installation of Intelligent Transportation contribution of Federal grant assistance issuance of a rule is necessary to Systems (ITS), eligible project costs to the project. implement TIFIA, and has concluded shall be reasonably anticipated to equal With this rulemaking, the DOT that this action represents a ‘‘significant or exceed $30 million); requests comments on whether criterion regulatory action’’ within the meaning (4) Project financing shall be 3 (the extent to which assistance under of DOT’s Regulatory Policies and repayable, in whole or in part, from TIFIA would foster innovative public- Procedures (44 FR 11034, February 26, tolls, user fees or other dedicated private partnerships and attract private 1979) and Executive Order 12866. This revenue sources; and debt or equity investment) and criterion determination is based on a finding that (5) In the case of a project that is 8 (the extent to which assistance under the rule may have an annual effect on undertaken by an entity that is not a TIFIA would reduce the contribution of the economy of $100 million or more. State or local government or an agency Federal grant assistance to the project) The NPRM was reviewed by the Office or instrumentality of a State or local should be elaborated. The DOT also of Management and Budget under E.O. government, the project that the entity requests comments on whether 12866. is undertaking shall be included in the preference should be given to projects This section summarizes the State transportation plan and an based on the total Federal contribution estimated economic impact of the 6000 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules proposed rule. This regulation would passenger miles have grown by 30 example, prior to TIFIA, three major affect only those entities that voluntarily percent and 60 percent respectively, surface transportation projects in elected to apply for TIFIA assistance according to a recent study by the southern California obtained Federal and were selected to receive a Federal American Association of State Highway credit instruments pursuant to special credit instrument. It would not impose and Transportation Officials. Despite appropriations from Congress. Between any direct involuntary costs on non- substantial increases in authorized 1993 and 1996, the Congress approved participants. Federal funding levels for surface a $120 million standby Federal line of The DOT has undertaken a transportation under the Transportation credit for the San Joaquin Hills Toll preliminary evaluation of the economic Equity Act for the 21st Century, current Road; two standby lines of credit impact of this proposed regulatory resources are not expected to be able to totaling $145 million for the Foothill- action. However, because the number, keep pace with maintenance and Eastern Toll Road; and a $400 million nature, and size of projects to be preservation needs, let alone the direct Federal loan for the Alameda assisted will not be known until specific additional demands resulting from Corridor project. Each of these projects applicants come forward, this analysis growth in population and goods would have met the threshold eligibility is by necessity an estimate. Congress movement. Funding shortfalls can be criteria under the terms of TIFIA. The recognized this by including a provision particularly acute for large Federal credit assistance as a percent of in TIFIA (23 U.S.C. 189) requiring the infrastructure projects (costing $100 total project costs for these three Secretary to submit a report million or more) which, due to their investments is approximately 8.5 summarizing the effectiveness of the scale, often cannot be readily percent, 11.5 percent, and 17.5 percent, program within four years of the date of accommodated in ongoing State and respectively. enactment of the legislation (June 9, local capital renewal programs. Under the Federal Credit Reform Act 2002). The economic drag created by under- of 1990 (FCRA), the amount of budget DOT and industry research has investment in the nation’s authority necessary to support a Federal indicated that there are substantial transportation network is substantial, as credit instrument depends upon the economic productivity gains to be shippers and motorists incur increased subsidy cost (i.e., the estimated present derived from capital investment in vehicle maintenance and fuel costs, value cost of estimated losses that will surface transportation facilities. One shipping delays, safety hazards, and be incurred as a result of defaults, net study estimates that in the four-decade time delays associated with congestion of any fee income). Each project will be period from 1950 to 1989, U.S. firms and poorly maintained roads. assigned a subsidy cost based upon an realized annual production cost savings The TIFIA was established to provide evaluation of its credit-worthiness. of 18 percent from general highway fractional credit assistance to major Since the actual projects under TIFIA investment (yearly return of 18 cents per transportation infrastructure projects— have yet to be identified, it is not such as border crossings, trade possible at this stage to ascertain the dollar invested in all roads) and 24 corridors, and intermodal transfer appropriate subsidy amounts. If, for percent from investment in non-local facilities—that have the potential of example, the assumed average subsidy roads.1 In addition to these direct generating substantial economic benefits rate under TIFIA were 10 percent, the returns, transportation capital both regionally and nationally. In many $530 million of budget authority could investment typically generates cases, such projects are capable of being support $5.3 billion in nominal amount significant spillover benefits, which supported through direct user charges or of Federal credit instruments, and may be of a non-financial nature, such dedicated revenue streams that can be (assuming a 33 percent TIFIA share of as reduced pollution, increased safety, used to access private capital and other project costs) an aggregate of $15.9 improved international competitiveness, non-Federal funding sources. The TIFIA billion in capital investment. This and enhanced accessibility. Market is designed to fill market gaps through would represent a benefit:cost ratio imperfections often prevent these providing supplemental and/or (total capital investment compared to intangible but nonetheless important subordinate capital to such projects. It federal budgetary cost) of 30:1. If the public benefits from being monetized should facilitate their ability to access subsidy rate averaged 5 percent, the and captured. the capital markets or other financing budget authority could support $31.8 Just as transportation investment sources for the majority of their funding billion in aggregate investment; and if produces benefits, failure to invest needs. Through TIFIA’s leverage of the subsidy rate averaged 15 percent, results in cost increases. Another recent limited Federal funds with private the budget authority could support study estimates that congestion costs the capital, these capital-intensive projects approximately $10.6 billion in aggregate average U.S. citizen $370 annually, in can be advanced without displacing investment. The only costs imposed on 2 terms of time lost and fuel wasted. smaller, more traditional grant- the participants are the repayment of These costs are expected to increase as supported projects. Federal risk credit at the U.S. Treasury rate (which growing investment needs—both in exposure should be mitigated by in certain instances may be significantly terms of system renewal and capacity substantial co-investment from non- less than their own marginal cost of expansion—and limited availability of Federal parties and the use of objective, capital), a credit processing charge, and public funding contribute to declining market-based credit evaluation criteria. an application charge based upon direct performance. The TIFIA is authorized to receive costs incurred by the DOT in processing Growth in both freight movement and $530 million of budget authority to applications. passenger travel has grown dramatically support up to $10.6 billion in nominal On this basis, the DOT has concluded in recent years, and is expected to amounts of credit (or such lesser that TIFIA will promote the efficient continue growing. For example, since amounts of credit as can be supported functioning of project delivery and the 1980, total ton-miles and intercity by the budget authority). Under the private markets, and will generate both terms of the legislation, the Federal direct and indirect benefits, including 1 Contribution of Highway Capital to Industry and share is limited to not more than 33 reduced congestion, greater mobility, National Productivity Growth—Executive Summary, Ishaq Nadirir, New York, FHWA, 1996. percent of total eligible project costs. In improved safety, an enhanced 2 Measuring and Monitoring Urban Mobility, many cases, the actual share of TIFIA environment, and greater economic Texas Transportation Institute, November 1996. assistance may be considerably less. For growth. These benefits are anticipated to Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6001 far surpass the combined direct costs to Executive Order 12612 (Federalism Regulation Identification Number the Federal Government ($530 million) Assessment) A regulation identification number and to the entities that elect to This action has been analyzed in (RIN) is assigned to each regulatory participate in the program. Because of accordance with the principles and action listed in the Unified Agenda of the voluntary nature of participation in criteria contained in Executive Order Federal Regulations. The Regulatory TIFIA, this regulatory action is not 12612. The DOT has determined that Information Service Center publishes anticipated to impose any costs upon this action does not have sufficient the Unified Agenda in April and non-participants. The DOT requests federalism implications to warrant the October of each year. The RIN contained comments, information, and data from preparation of a federalism assessment. in the heading of this document may be the public and potential users The bases for this determination are that used to cross-reference this action with concerning the economic impact of a) eligibility for assistance under this the Unified Agenda. The agency-specific implementing this rule and the TIFIA program extends to both private and proposed common rule appears at the program. public entities; and b) the recipients of end of this common preamble. credit under this voluntary program will Regulatory Flexibility Act receive a benefit, rather than incur costs, List of Subjects in 23 CFR Part 180 and 49 CFR Parts 261 and 640 The Regulatory Flexibility Act of 1980 through participation. The DOT invites (Pub. L. 96–354, 5 U.S.C. 601–612) public comment on this determination. Credit programs—transportation, requires an assessment of the extent to Executive Order 12372 Highways and roads, Mass transit, which proposed rules will have an (Intergovernmental Review) Railroads, Investments, Reporting and impact on small business or other small recordkeeping requirements. Given that projects receiving entities. Consistent with the Regulatory assistance under TIFIA may fall under Text of the Common Proposed Rule Flexibility Act, the DOT has evaluated the programmatic jurisdiction of the the effects of this rule on small business The text of the common proposed rule FHWA, the FRA, or the FTA, the appears below: or other small entities. The NPRM relevant Catalog of Federal Domestic proposes to implement a Federal Credit Assistance Program Numbers are: PART lÐCREDIT ASSISTANCE FOR assistance program for surface 20.205 highway planning and SURFACE TRANSPORTATION transportation projects. There will be a construction; 20.310 Rail rehabilitation PROJECTS substantial economic impact on the and improvement; and 20.500 transit projects funded. However, the DOT Sec. capital improvement grants. The ll anticipates that few, if any, of the regulations implementing Executive .1 Purpose. applicants for assistance, will be small ll.3 Definitions. Order 12372 regarding ll.5 Limitations on assistance. entities as defined by the Small intergovernmental consultation on ll Business Administration. For example, .7 Application process. Federal programs and activities apply to ll.9 Federal requirements. applicants are likely to include States this program. ll.11 Investment-grade ratings. and large public, or quasi-public ll Paperwork Reduction Act .13 Threshold criteria. entities. In addition, although it is ll.15 Selection criteria. difficult to judge how many This document does not contain ll.17 Charges. applications will be received, we information collection requirements for ll.19 Reporting requirements. anticipate that the DOT will offer credit the purposes of the Paperwork Authority: 23 U.S.C. 180–189 and 315; assistance to no more than a handful of Reduction Act of 1995 (44 U.S.C. 3501 secs. 1501 et seq., Public Law 105–178, 112 projects each year. Based on that et seq.); specifically, that fewer than ten stat. 107, 241, as amended, 49 CFR 1.48. evaluation, the DOT hereby certifies that respondents, as defined in 5 CFR § ll.1 Purpose. this action would not have significant 1320.3, are anticipated. Based upon economic impact on a substantial preliminary assessments, research This rule implements a Federal credit number of small entities. The DOT reports, meetings with focus groups and assistance program for surface invites public comment on this discussions with potential respondents, transportation projects. the DOT anticipates approximately six determination. § ll.3 Definitions. respondents to the application annually. Unfunded Mandates Reform Act of If in the future, the DOT anticipates ten Eligible project costs means amounts 1995 or more respondents annually, substantially all of which are paid by, or immediate steps will be taken to seek for the account of, an obligor in The Unfunded Mandates Reform Act approval from OMB for an information connection with a project, including the of 1995 (Public Law 104–4) requires collection, as required under the cost of: agencies to prepare a written assessment Paperwork Reduction Act. (1) Development phase activities, of the costs, benefits and other effects of including planning, feasibility analysis, proposed or final rules that include a National Environmental Policy Act revenue forecasting, environmental Federal mandate likely to result in the As specified under § 1503 of TIFIA, review, permitting, preliminary expenditure by State, local or tribal and codified under § 182(c)(2) of title engineering and design work, and other governments, in the aggregate, or by the 23, U.S.C., each project obtaining pre-construction activities; private sector, of more than $100 assistance under this program is (2) Construction, reconstruction, million annually. This proposed rule required to adhere to the National rehabilitation, replacement, and would not impose a Federal mandate Environmental Policy Act of 1969, as acquisition of real property (including resulting in the expenditure by State, amended (42 U.S.C. 4321 et seq.). This land related to the project and local, and tribal governments, in the rulemaking simply provides the improvements to land), environmental aggregate, or by the private sector, of procedure to apply for credit assistance; mitigation, construction contingencies, $100 million or more in any one year. therefore, by itself, this rulemaking will and acquisition of equipment; and The rule simply implements a Federal not have any effect on the quality of the (3) Capitalized interest necessary to credit assistance program. environment. meet market requirements, reasonably 6002 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules required reserve funds, capital issuance Corporation, and components of following substantial completion of the expenses, and other carrying costs magnetic levitation transportation project. during construction. systems; and (d) Within the overall credit Federal credit instrument means a (4) A project for publicly owned assistance limitation of 33 percent of secured loan, loan guarantee, or line of intermodal surface freight transfer eligible project costs, the DOT may credit authorized to be made available facilities, other than seaports and consider making multi-year contingent under this subchapter with respect to a airports, if the facilities are located on commitments of budget authority and project. or adjacent to National Highway System associated credit assistance for Investment-grade rating means a routes or connections to the National especially large projects with extended rating category of BBB minus, Baa3, or Highway System. construction periods and financing higher assigned by a rating agency to Project obligation means any note, needs. In this instance, any reservation project obligations offered into the bond, debenture, or other debt of future-year funding shall be made capital markets. obligation issued by an obligor in through a letter of intent and shall be Lender means any non-Federal connection with the financing of a contingent on the project’s qualified institutional buyer as defined project, other than a Federal credit demonstrating satisfactory progress to in § 230.144A(a) of title 17, Code of instrument. the DOT. Depending on the overall Federal Regulations, known as Rule Rating agency means a bond rating demand for credit assistance under this 144A(a) of the Securities and Exchange agency identified by the Securities and part, the DOT may limit such contingent Commission and issued under the Exchange Commission as a Nationally commitments to 50 percent of the Securities Act of 1933 (15 U.S.C. 77a et Recognized Statistical Rating budget authority becoming available in seq.), including: Organization. the applicable future years. If such a (1) A qualified retirement plan (as Secured loan means a direct loan or multi-year commitment is made, each defined in § 4974(c) of the Internal other debt obligation issued by an year’s loan will be tied to distinct, Revenue Code of 1986) that is a obligor and funded by the Secretary in clearly identified project segments or qualified institutional buyer; and connection with the financing of a stages. (2) A governmental plan (as defined project under § 183 of title 23, United in § 414(d) of the Internal Revenue Code § ll.7 Application process. States Code. of 1986) that is a qualified institutional (a) Public and private applicants for State means any one of the fifty states, buyer. credit assistance under this part will be the District of Columbia, or Puerto Rico. Line of credit means an agreement required to submit applications to the entered into by the Secretary with an Subsidy amount means the amount of DOT in order to be considered for obligor under § 184 of title 23, United budget authority sufficient to cover the approval by the Secretary of States Code, to provide a direct loan at estimated long-term cost to the Federal Transportation. a future date upon the occurrence of Government of a Federal credit (b) At a minimum, such applications certain events. instrument, calculated on a net present shall provide: Loan guarantee means any guarantee value basis, excluding administrative (1) Documentation sufficient to or other pledge by the Secretary to pay costs and any incidental effects on demonstrate that the project satisfies all or part of the principal of and governmental receipts or outlays in each of the threshold criteria in interest on a loan or other debt accordance with the provisions of the § ll.13 and describe the extent to obligation issued by an obligor and Federal Credit Reform Act of 1990 (2 which the project satisfies each of the funded by a lender. U.S.C. 661 et seq.). selection criteria in § ll.15. Local servicer means: Substantial completion means the (2) Background information on the (1) A State infrastructure bank opening of a project to vehicular or project for which assistance is sought, established under title 23; or passenger traffic. such as the project’s description, status (2) A State or local government or any TIFIA means the Transportation of the environmental permitting agency of a State or local government Infrastructure Finance and Innovation process, and construction schedule; that is responsible for servicing a Act of 1998. (3) Background information on the applicant and/or project sponsor; Federal credit instrument on behalf of § ll.5 Limitations on assistance. the Secretary. (4) Historical information, if Obligor means a party primarily liable (a) The total amount of Federal credit applicable, concerning the applicant’s for payment of the principal of or offered to any project receiving credit financial condition, including, for interest on a Federal credit instrument, assistance under this part shall not example, independently audited which party may be a corporation, exceed 33 percent of the anticipated financial statements and certifications partnership, joint venture, trust, or eligible project costs. concerning bankruptcies or governmental entity, agency, or (b) Costs incurred prior to a project delinquencies on other debt; and instrumentality. sponsor’s submission of an application (5) Current financial information Project means: for credit assistance may be considered concerning both the project and the (1) Any surface transportation project in calculating eligible project costs only applicant, such as sources and uses of eligible for Federal assistance under title upon approval of the Secretary. In funds for the project and a forecast of 23 or chapter 53 of title 49, United addition, applicants shall not include cash flows available to service all debt States Code. application charges or any other instruments. (2) A project for an international expenses associated with the (c) An application for a project bridge or tunnel for which an application process (such as charges located in or sponsored by more than international entity authorized under associated with obtaining the required one State or other entity shall be Federal or State law is responsible; preliminary rating opinion letter) among submitted to the DOT by just one State (3) A project for intercity passenger the eligible project costs. or entity. The sponsoring States or bus or rail facilities and vehicles, (c) No costs financed internally or entities shall designate a single obligor including facilities and vehicles owned with interim funding may be refinanced for purposes of applying for, receiving, by the National Railroad Passenger under this part later than a year and repaying TIFIA credit assistance. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6003

(d) Each fiscal year for which Federal completed fiscal year to the State in (7) The extent to which the project assistance is available under this part, which the project is located (in the case helps maintain or protect the the DOT will publish a Federal Register of a project principally involving the environment; notice to solicit applications for credit installation of Intelligent Transportation (8) The extent to which such assistance. Such notice will specify the Systems (ITS), eligible project costs assistance would reduce the relevant due dates, the estimated shall be reasonably anticipated to equal contribution of Federal grant assistance amount of funding available to support or exceed $30 million); to the project. TIFIA credit instruments for the current (4) Project financing shall be (b) In addition, section 182(b)(2)(B) of and future fiscal years, contact name(s), repayable, in whole or in part, from title 23, United States Code, conditions and other details for that year’s tolls, user fees or other dedicated a project’s approval for credit assistance application submissions and funding revenue sources; and on receipt of a preliminary rating approvals. The DOT will also maintain (5) In the case of a project that is opinion letter indicating that the a centralized mailing list for sending undertaken by an entity that is not a project’s senior obligations have the notices to prospective applicants. State or local government or an agency potential to attain an investment-grade or instrumentality of a State or local rating. ll § .9 Federal requirements. government, the project that the entity (c) The DOT shall evaluate each All projects receiving credit assistance is undertaking shall be included in the project’s distinct public benefits under this part shall comply with: State transportation plan and an (including personal and freight (a) the relevant requirements of title approved State Transportation mobility, economic development, and 23 of the United States Code for Improvement Program as provided in impact on international highway projects, chapter 53 of title 49, paragraph (a)(1) of this section. competitiveness) and contribution to United States Code, for transit projects, (b) With respect to paragraph (a)(3), program goals (including leverage of the and § 5333(a) of title 49, United States for a project located in more than one Federal contribution and increased Code, for rail projects, as appropriate; State, the minimum cost threshold size private investment in surface (b) Title VI of the Civil Rights Act of shall be the lesser of $100 million or 50 transportation infrastructure). 1964 (42 U.S.C. 2000d et seq.); percent of the amount of Federal-aid (d) The DOT may give preference to (c) the National Environmental Policy highway funds apportioned for the most those projects for which the total Act of 1969 (42 U.S.C. 4321 et seq.); recently completed fiscal year to the Federal contribution (including both (d) the Uniform Relocation Assistance participating State that receives the least credit and grant assistance from any and Real Property Acquisition Policies amount of such funds. Federal source) requested is small. This Act of 1970 (42 U.S.C. 4601 et seq.); and (c) With respect to paragraph (a)(4), preference supports the policy goal of (e) other Federal and compliance the DOT will not consider current or the DOT to position itself as a minority- requirements as may be applicable. future Federal funds, regardless of share investor in any project receiving source, to be a dedicated revenue credit assistance under TIFIA to induce § ll.11 Investment-grade ratings. source. significant private co-investment. (a) The full funding of a secured (e) The DOT may also give preference (direct) loan, loan guarantee, or line of § ll.15 Selection criteria. to applications for loan guarantees credit shall be contingent on the (a) The Secretary shall consider the rather than other forms of Federal credit assignment of an investment-grade following eight criteria in evaluating assistance. This preference is consistent rating by a recognized bond rating and selecting among eligible projects to with Federal policy that, when Federal agency to all project obligations that receive credit assistance: credit assistance is necessary to meet a have a lien senior to that of the Federal (1) The extent to which the project is Federal objective, loan guarantees credit instrument on the pledged nationally or regionally significant, in should be favored over direct loans, security. terms of generating economic benefits, unless attaining the Federal objective (b) An investment-grade rating must supporting international commerce, or requires a subsidy, as defined by the be received before the DOT will otherwise enhancing the national Federal Credit Reform Act of 1990, disburse any funds. transportation system; deeper than can be provided by a loan (2) The creditworthiness of the ll guarantee. § .13 Threshold criteria. project, including a determination by ll (a) To be eligible to receive Federal the Secretary that any financing for the § .17 Charges. credit assistance under this part, a project has appropriate security (a) The DOT will require a non- project shall meet the following five features, such as a rate covenant, to refundable application initiation charge threshold criteria: ensure repayment; for each project applying for credit (1) The project shall be included in a (3) The extent to which such assistance under TIFIA. The DOT may State transportation plan and, at such assistance would foster innovative also require an additional credit time as the DOT and project sponsor public-private partnerships and attract processing charge for projects selected initially execute a credit agreement, in private debt or equity investment; to receive assistance. The proceeds of an approved State Transportation (4) The likelihood that such assistance any such charges will cover a portion of Improvement Program. would enable the project to proceed at the costs to the Federal Government of (2) The State, local servicer, or other an earlier date than the project would soliciting and evaluating applications, entity undertaking the project shall otherwise be able to proceed; selecting projects to receive assistance, submit a project application to the (5) The extent to which the project and negotiating credit agreements. For Secretary of Transportation; uses new technologies, including fiscal year 1999, the DOT will require an (3) A project shall have eligible Intelligent Transportation Systems application initiation charge of $5,000 project costs that are reasonably (ITS), that enhances the efficiency of the for each project applying for credit anticipated to equal or exceed the lesser project; assistance under TIFIA. The DOT will of $100 million or 50 percent of the (6) The amount of budget authority not require any credit processing amount of Federal-aid highway funds required to fund the Federal credit charges for fiscal year 1999. For fiscal apportioned for the most recently instrument made available; years 2000 and beyond, the DOT may 6004 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules adjust the amount of the application materials that the DOT is considering for 5. Bankruptcy history. initiation charge, and will determine the inclusion in the standard application form. e. Initial financial plan for the project. appropriate amount of the credit The following list of information items 1. Initial total cost estimate. processing charge, based on early derives, in part, from the DOT’s research i. Costs of feasibility studies. concerning State and Federal credit ii. Costs of preliminary engineering. program implementation experience in assistance programs, as well as internal DOT fiscal year 1999. iii. Costs of environmental assessment. guidance. The following list of items iv. Costs of right of way. (b) Applicants shall not include potentially to be included in a standard v. Costs of construction. application charges or any other application form is being provided for public vi. Costs of construction engineering/ expenses associated with the comment. inspection. application process (such as charges a. Summary of how the proposed project vii. Costs of project management. associated with obtaining the required satisfies each of the threshold criteria in § ll.13 and the extent to which it satisfies viii. Costs relating to financing. preliminary rating opinion letter) in the ll ix. Proposed cost containment strategies total project cost for the purposes of each of the selection criteria in § .15 of this part. (Each criterion should be addressed (e.g., design-build, use of cost control teams, calculating the 33 percent credit management cost control strategies, and ll separately by the applicant). limitation referenced in § .5(a). b. Project information. value engineering). (c) If, in any given year, there is 1. Detailed description of the project, 2. Implementation plan for the project. insufficient budget authority to fund the including type of project, geographic i. Schedule, presented in annual credit instrument for a qualified project location, economic impact, public benefits, increments, for completing and operating the that has been selected to receive and purpose or purposes. project based on initial base year costs assistance under TIFIA, the Secretary 2. Documentation sufficient to demonstrate adjusted for inflation and any cost escalation. may increase the application initiation the project’s current inclusion in the long- ii. Methodology for all cost assumptions. range State transportation plan and charge or the credit processing charge iii. Sources of potential future cost anticipated inclusion in the State estimates (e.g., environmental costs, litigation on the approved applicant to reduce the Transportation Improvement Program (STIP). subsidy cost of that project. No such 3. Copies of permits and approvals costs, overtime costs, and value engineering fees or charges may be included among required by local, regional, State, and Federal savings). eligible project costs for the purpose of agencies, including environmental and other 3. Funding sources: all proposed sources calculating the maximum 33 percent permits and approvals, and other and uses of project funds presented as annual credit amount of TIFIA assistance under documentation sufficient to demonstrate amounts. § ll.5. compliance with other statutory and i. Supporting documentation to verify the regulatory requirements. availability of all sources of public and § ll.19 Reporting requirements. 4. Documentation specifying the project’s private funding. At a minimum, any recipient of status with regard to conformance with the ii. Comparison of annual amounts available National Environmental Policy Act of 1969 Federal credit under this part shall for project obligations versus annual (NEPA). obligation needs. submit an annual project performance 5. Description of project construction report and audited financial statements 4. Cash flows: Long-term pro-forma cash phases and timeline. flow projection clearly delineating all cash to the DOT within 120 days following 6. Description of the current condition of flows by category (revenues and expenses) the recipient’s fiscal year-end for each all facilities relating to the project. and subcategory (e.g., operations and 7. Description of the maintenance and year during which the recipient’s maintenance, debt service to senior obligation to the Federal Government operation plan for the project. c. Applicant information. bondholders, debt service to the Federal remains in effect. The DOT may conduct Government, reserves) and specifying periodic financial and compliance 1. Legal applicant’s name, headquarters address, mailing address, phone and fax coverage ratios for each year. audits of the recipient of credit numbers. 5. Type of Federal credit assistance that the assistance, as determined necessary by 2. Primary contact person’s name, title, applicant is requesting and proposed terms the DOT. The specific credit agreement address, phone and fax numbers. (e.g., amount, maturity, allowances for between the recipient of credit 3. Full description of type of sponsoring prepayment and deferral). assistance and the DOT may contain entity (general partnership, limited 6. Proposed timing and use of additional reporting requirements. partnership, corporation, other), the parties disbursements of requested Federal credit 1. The Federal Highway forming the entity, and the date on which the assistance. Administration proposes to add part 180 entity was established. 7. Proposed collateral/security for Federal to 23 CFR Chapter I as set forth at the 4. Applicant’s tax identification number. credit assistance. 5. Name of the entity that will exercise 8. Copy of preliminary rating opinion letter end of the common preamble. ownership control of project. 2. The Federal Railroad on senior debt obligations from at least one 6. Names of the entities charged with nationally recognized rating agency. Administration proposes to add part 261 planning, developing, and operating the 9. Copy of narrative financial analysis and/ to 49 CFR Chapter II as set forth at the project. or feasibility study, including documentation 7. Names of various other parties involved end of the common preamble. to support revenue projections, such as traffic in the project with description of 3. The Federal Transit Administration studies and regional economic projections, as responsibilities and evidence of agreements proposes to add part 640 to 49 CFR applicable. Chapter VI as set forth at the end of the or commitments. 8. Disclosure of current or past litigation 10. For loan guarantees, additional common preamble. involving the parties that will own, plan, documentation including copies of the Appendix ll—Application Checklist develop and/or operate the project. obligation agreement between the proposed d. Historical financial information relating guaranteed lender and borrower, background Note: This appendix will not appear in the to the applicant. information on the proposed guaranteed Code of Federal Regulations. 1. Signed, audited financial statements. lender, and other data specifically pertaining The DOT is in the process of developing 2. Credit references or release forms. to a loan guarantee. a standard application form for credit 3. Federal income tax returns. f. Any other information which the DOT assistance for surface transportation projects. 4. Certification and/or resolution of any may deem necessary for project evaluation This appendix specifies the documentary delinquency or default on Federal debt. and selection. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6005

Issued in Washington, DC on January 28, excluding holidays. You may receive (c) Existing Paragraph (C) pertaining 1999. one free copy of the proposed to the contents of a petition is re- Kenneth R. Wykle, amendment by contacting OSM’s numbered as (D) and further amended Federal Highway Administration Appalachian Regional Coordinating by including the specific references to Administrator. Center. the ORC included in (a) and (b) above. Jolene M. Molitoris, George Rieger, Field Branch Chief, (d) Existing Paragraphs (D),(E) and (F) Federal Railroad Administration Appalachian Regional Coordinating are re-numbered as (E), (F), and (G) and Administrator. Center, Office of Surface Mining are further amended by changing the Gordon J. Linton, Reclamation and Enforcement, 3 references from the board to the Federal Transit Administration Parkway Center, Pittsburgh PA 15220, Reclamation Commission. Administrator. Telephone: (412) 937–2153. III. Public Comment Procedures [FR Doc. 99–2637 Filed 2–5–99; 8:45 am] Ohio Division of Mines and BILLING CODE 4910±22±P Reclamation, 1855 Fountain Square According to the provisions of 30 CFR Court, Columbus, Ohio 43244, 732.17(h), we are seeking comments on Telephone: (614) 265–1076. whether the proposed amendment DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: satisfies the applicable program George Rieger, Field Branch Chief, approval criteria of 30 CFR 732.15. If we Office of Surface Mining Reclamation Appalachian Regional Coordinating determine the amendment to be and Enforcement Center, Telephone: (412) 937–2153. adequate, it will become part of the Internet: [email protected]. Ohio program. 30 CFR Part 935 SUPPLEMENTARY INFORMATION: Written Comments [OH±244±FOR] I. Background on the Ohio Program Your written comments should be Ohio Regulatory Program On August 16, 1982, the Secretary of specific, pertain only to the issues the Interior conditionally approved the proposed in this rulemaking, and AGENCY: Office of Surface Mining Ohio program. You can find background include explanations in support of your Reclamation and Enforcement (OSM), information on the Ohio program, recommendations. Comments received Interior. including the Secretary’s findings, the after the time indicated under ‘‘DATES’’ ACTION: Proposed rule; public comment disposition of comments, and the or at locations other than the period and opportunity for public conditions of approval in the August 10, Appalachian Regional Coordinating hearing. 1982, Federal Register (47 FR 34688). Center will not necessarily be You can find later actions on conditions considered in the final rulemaking or SUMMARY: OSM is announcing receipt of of approval and program amendments at included in the Administrative Record. a proposed amendment to the Ohio 30 CFR 935.11, 935.15, and 935.16. regulatory program (Ohio program) Public Hearing II. Description of the Proposed under the Surface Mining Control and Amendment If you wish to speak at the public Reclamation Act of 1977 (SMCRA). hearing, you should contact the person Ohio is proposing revisions to section By letter dated January 21, 1999 listed under FOR FURTHER INFORMATION 1513–3–21 of the Ohio Administrative (Administrative Record No.OH–2177– CONTACT by 4:00 p.m., [E.D.T.] on Code (OAC) as it relates to awards of 00) Ohio submitted proposed February 23, 1999. The location and costs and expenses, including attorney’s amendments to its program concerning time of the hearing will be arranged fees, arising in connection with appeals award of costs and fees in connection with those persons requesting the heard by the Reclamation Commission. with appeals heard by the Reclamation hearing. If no one requests an The amendment is intended to revise Commission. Ohio submitted the opportunity to speak at the public the Ohio program to be consistent with proposed amendments at its own hearing, the hearing will not be held. initiative. The changes proposed by its statute at Ohio Revised Code (ORC) Filing a written statement at the time Ohio in the amendment are discussed § 1513.13(E) as well as the of the hearing is requested as it will corresponding Federal regulations. briefly below: OAC 1513–3–21 Award of costs and greatly assist the transcriber. DATES: If you submit written comments, expenses. Submission of written statements in they must be received by 4:00 p.m., (a) Paragraphs (A) and (B) are advance of the hearing will also allow [E.D.T.] March 10, 1999. If requested, a amended by changing the reference us to prepare adequate responses and public hearing on the proposed from the ‘‘board of review’’ to the appropriate questions. amendment will be held on March 5, ‘‘Reclamation Commission’’ and The public hearing will continue on 1999. Requests to speak at the hearing specifically requiring that a petition for the specified date until all persons must be received by 4:00 p.m., on costs and expenses including attorney’s scheduled to speak have been heard. February 23, 1999. fees be submitted in accordance with Persons in the audience who have not ADDRESSES: Mail or hand-deliver your Section 1513.13(E) and (E)(1)(c) of the been scheduled to speak, and who wish written comments and requests to speak ORC. to do so, will be heard following those at the hearing to George Rieger, Field (b) New paragraph (C) is added to who have been scheduled. The hearing Branch Chief, at the address listed specify that a decision by the Chief of will end after all persons scheduled to below. the Division of Mines and Reclamation speak and persons present in the You may review copies of the Ohio granting or denying in whole or in part audience who wish to speak have been program, the proposed amendment, a a request for an award of costs and heard. listing of any scheduled public hearings, expenses including attorney’s fees made Any disabled individual who has and all written comments received in under Section 1513.13(E)(1)(a) or need for a special accommodation to response to this document at the 1513.13(E)(1)(b) of the ORC shall be attend a public hearing should contact addresses listed below during normal appealable to the commission under the individual listed under FOR FURTHER business hours, Monday through Friday, Section 1513.13(A) of the ORC. INFORMATION CONTACT. 6006 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

Public Meeting Paperwork Reduction Act (44 U.S.C. Henlopen State Park, Delaware to 3507 et seq.). protect spectators and vessels from the If only one person requests an potential hazards associated with this opportunity to speak at a hearing, a Regulatory Flexibility Act launch. public meeting, rather than a public The Department of the Interior has DATES: Comments must be received on hearing, may be held. Persons wishing determined that this rule will not have to meet with OSM representatives to or before March 25, 1999. a significant economic impact on a ADDRESSES: Comments may be mailed to discuss the proposed amendment may substantial number of small entities request a meeting by contacting the Commanding Officer, USCG MSO/ under the Regulatory Flexibility Act (5 Group Office, 1 Washington Avenue, person listed under FOR FURTHER U.S.C. 601 et seq.). The State submittal INFORMATION CONTACT. All such meetings Philadelphia, Pennsylvania 19147– which is the subject of this rule is based 4395, Attention: Chief Petty Officer will be open to the public and, if upon counterpart Federal regulations for possible, notices of meetings will be Ward, or hand-delivered to the same which an economic analysis was address between 8 a.m. and 5 p.m., posted at the locations listed under prepared and certification made that ADDRESSES. A written summary of each Monday through Friday, except Federal such regulations would not have a holidays. The telephone number is (215) meeting will be made a part of the significant economic effect upon a Administrative Record. 271–4888. Comments will become part substantial number of small entities. of this docket and will be available for IV. Procedural Determinations Accordingly, this rule will ensure that inspection and copying at the above existing requirements previously address. Executive Order 12866 promulgated by OSM will be FOR FURTHER INFORMATION CONTACT: implemented by the State. In making the This rule is exempted from review by Lieutenant (Junior Grade) Fallacy or determination as to whether this rule the Office of Management and Budget Chief Petty Officer Ward, Project would have a significant economic (OMB) under Executive Order 12866 Managers, Waterways and Waterfront impact, the Department relied upon the (Regulatory Planning and Review). Facilities Branch, at (215) 271–4888. data and assumptions for the Executive Order 12988 counterpart Federal regulations. SUPPLEMENTARY INFORMATION: The Department of the Interior has Unfunded Mandates Request for Comments conducted the reviews required by In accordance with the Unfunded The Coast Guard encourages section 3 of Executive Order 12988 interested persons to participate in this (Civil Justice Reform) and has Mandates Reform Act (2 U.S.C. 1501 et seq.), this rule will not produce a rulemaking by submitting written views, determined that, to the extent allowed data, or arguments. Persons submitting by law, this rule meets the applicable Federal mandate of $100 million or greater in any year, i.e., it is not a comments should include their names standards of subsections (a) and (b) of and addresses, identify this rulemaking that section. However, these standards ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. (CGD 05–98–043) and the specific are not applicable to the actual language section of this proposal to which each of State regulatory programs and List of Subjects in 30 CFR 935 comment applies, and give the reason program amendments since each such for each comment. Please submit two program is drafted and promulgated by Intergovernmental relations, Surface mining, Underground mining. copies of all comments and attachments a specific State, not by OSM. Under in an unbound format, no larger than Dated: January 29, 1999. sections 503 and 505 of SMCRA (30 81⁄2 by 11 inches, suitable for copying U.S.C. 1253 and 1255) and 30 CFR Allen D. Klein, and electronic filing. Persons wanting 730.11, 732.15, and 732.17(h)(10), Regional Director, Appalachian Regional acknowledgment of receipt of comments decisions on proposed State regulatory Coordinating Center. should enclose stamped, self-addressed programs and program amendments [FR Doc. 99–2899 Filed 2–5–99; 8:45 am] postcards or envelopes. submitted by the States must be based BILLING CODE 4310±05±P The Coast Guard will consider all solely on a determination of whether the comments received during the comment submittal is consistent with SMCRA and period. It may change this proposal in its implementing Federal regulations DEPARTMENT OF TRANSPORTATION view of the comments. The Coast Guard and whether the other requirements of plans no public hearing. Persons may 30 CFR Parts 730, 731, and 732 have Coast Guard request a public hearing by writing to been met. the address listed under ADDRESSES. The 33 CFR Part 165 National Environmental Policy Act request should include the reasons why [CGD 05±98±043] a hearing would be beneficial. If it No environmental impact statement is determines that the opportunity for oral RIN 2115±AA97 required for this rule since section presentations will aid this rulemaking, 702(d) of SMCRA (30 U.S.C. 1292(d)) Safety Zone; Atlantic Ocean, Vicinity of the Coast Guard will hold a public provides that agency decisions on Cape Henlopen State Park, DE hearing at a time and place announced proposed State regulatory program by a later notice in the Federal Register. provisions do not constitute major AGENCY: Coast Guard, DOT. Background and Purpose Federal actions within the meaning of ACTION: Notice of proposed rulemaking. section 102(2)(C) of the National The Delaware Aerospace Education Environmental Policy Act (42 U.S.C. SUMMARY: The Delaware Aerospace Foundation plans to launch a Super 4332(2)(C)). Education Foundation plans to launch a Loki Meteorological Rocket from Cape Super Loki Meteorological Rocket from Henlopen State Park each year on the Paperwork Reduction Act Cape Henlopen State Park on the second second Saturday in May for the purpose This rule does not contain Saturday of May each year. The Coast of collecting meteorological data. If the information collection requirements that Guard proposes to establish a Safety Saturday launch is canceled due to require approval by OMB under the Zone in the Atlantic Ocean near Cape inclement weather, it will be scheduled Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6007 for the next day. The rocket motor is safety zone without first obtaining Environment expected to splash down within 2 permission from the Captain of the Port The Coast Guard considered the nautical miles of the launch point. This of Philadelphia. The Captain of the Port environmental impact of this proposal proposed safety zone is necessary to would announce via Broadcast Notice to and concluded that, under figure 2–1, protect spectators and transiting vessels Mariners the anticipated day and time paragraph (34)(g), of COMDTINST from the potential hazards associated of the launch and grant general M16475.1C, this proposal is with the launch and the subsequent permission to enter the safety zone categorically excluded from further splashdown of the rocket motor. during all non-hazardous times. environmental documentation. A Although the exact launch time is Categorical Exclusion Determination subject to change due to weather, the Regulatory Evaluation statement has been prepared and placed entire launch/splashdown process is This proposal is not a significant in the rulemaking docket. expected to occur between 2 p.m. and regulatory action under section 3(f) of 4:30 p.m. The Coast Guard will Executive Order 12866 and does not List of Subjects in 33 CFR Part 165 announce via Broadcast Notice to require an assessment of potential costs Harbors, Marine Safety, Navigation Mariners the anticipated day (either and benefits under section 6(a)(3) of that (water), Reporting and recordkeeping Saturday or Sunday) and time of the order. It has been exempted from review requirements, Security measures, launch and will grant general by the Office of Management and Waterways. permission to enter the safety zone Budget under that order. It is not For the reasons set out in the during those times in which the launch significant under the regulatory policies preamble, the Coast Guard proposes to and spent rocket motor do not pose a and procedures of the Department of amend 33 CFR Part 165 as follows: hazard to mariners. Because the Transportation (DOT) (44 FR 11040; hazardous condition is expected to last February 26, 1979). The regulated area PART 165Ð[AMENDED] for only 21⁄2 hours of one day, and would be limited to 8 square miles and because general permission to enter the permission to enter the area would be 1. The authority citation for Part 165 continues to read as follows: safety zone will be given during non- denied only during the 21⁄2 hours in hazardous times, the impact of this rule which the rocket launch poses a hazard. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; on commercial and recreational traffic is Therefore, the Coast Guard expects the 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; expected to be minimal. economic impact of this proposal to be 49 CFR 1.46. The rocket payload, assisted by so minimal that a full Regulatory 2. A new Section 165.535 is added to parachute, is expected to splash down Evaluation under paragraph 10e is read as follows: in the Atlantic Ocean approximately 22 unnecessary. nautical miles southeast of the launch § 165.535 Safety Zone: Atlantic Ocean, point, which is an area outside of the Small Entities Vicinity of Cape Henlopen State Park, proposed safety zone. The Coast Guard Under the Regulatory Flexibility Act Delaware. advises all marine traffic to exercise (5 U.S.C. 601–612), the Coast Guard (a) Location. The following area is a caution when transiting that area during must consider whether this proposal safety zone: All waters of the Atlantic launch times. will have a significant economic impact Ocean that are within the area bounded by a line drawn north from the tip of Discussion of Proposed Rule on a substantial number of small entities. ‘‘Small Entities’’ include Cape Henlopen located at latitude The proposed safety zone would independently owned and operated 38°48.2′ North, longitude 75°05.5′ West, include an 8 square mile section of the small businesses that are not dominant to a point located at latitude 38°49.4′ Atlantic Ocean adjacent to the launch in their field and that otherwise qualify North, longitude 75°05.5′, West; thence site at Cape Henlopen State Park in as ‘‘small business concerns’’ under east to a point located at latitude Delaware. Specifically, the proposed section 3 of the Small Business Act (15 38°49.4′ North, longitude 75°01.4′ West; safety zone would include the waters of U.S.C. 632). The proposed regulated thence south to a point located at the Atlantic Ocean that are within the area would be limited to 8 square miles latitude 38°43.0′ North, longitude area bounded by a line drawn north and permission to enter it would be 75°01.4′ West; thence west to a point on from the tip of Cape Henlopen located 1 ° ′ withheld for about 2 ⁄2 hours each year. the shoreline located at latitude 38 43.0 ° ′ latitude 38 48.2 North, longitude Because it expects the impact of this North, longitude 75°04.5′ West. All ° ′ 75 05.5 West, to a point located at proposal to be minimal, the Coast Guard coordinates reference Datum: NAD ° ′ latitude 38 49.4 North, longitude certifies under 5 U.S.C. 605(b), that this 1983. ° ′ 75 05.5 West; then east to a point proposal, if adopted, will not have a (b) Regulation. The general ° ′ located at latitude 38 49.4 North, significant economic impact on a regulations governing safety zones ° ′ longitude 75 01.4 West; then south to a substantial number of small entities. contained in § 165.23 apply. Vessels point located at latitude 38°43.0′ North, may not enter the safety zone without longitude 75°01.4′ West; then west to a Collection of Information first obtaining permission from the point on the shoreline located at This proposal contains no Collection Captain of the Port (COTP) latitude 38°43.0′ North, longitude of Information requirements under the Philadelphia. 75°04.5′ West. Paperwork Reduction Act (44 U.S.C. (c) Effective Dates. This rule is The proposed safety zone is necessary 3501–3520). effective annually on the second to protect spectators and transiting Saturday in May and the following day. vessels from the potential hazards Federalism (d) General Information. associated with the launch of the Super The Coast Guard has analyzed this (1) Those times during which Loki Meteorological Rocket and the proposal under the principles and hazardous conditions exist inside the subsequent spashdown of the rocket criteria contained in Executive Order safety zone will be announced via motor. The safety zone would be in 12612 and has determined that this Broadcast Notice to Mariners. General effect on the second Saturday in May proposal does not have sufficient permission to enter the safety zone will and the following day. Vessels would be federalism implications to warrant the be broadcast during non-hazardous prohibited from transiting through the preparation of a Federalism Assessment. times. 6008 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

(2) The COTP Philadelphia and the interested in commenting on this action DATES: EPA requests comment on this Duty Officer at the Marine Safety Office, should do so at this time. proposal no later than April 12, 1999. Philadelphia, Pennsylvania, can be DATES: Written comments must be EPA will hold a public hearing on this contacted at telephone number (215) received on or before March 10, 1999. proposed finding on March 11, 1999 if 271–4940 and on VHF channels 13 and ADDRESSES: Written comments should one is requested on or before February 16. be sent to: Carlton T. Nash, Chief, 23, 1999. (3) The COTP Philadelphia may Regulation Development Section, Air ADDRESSES: Materials related to this authorize and designate any Coast Programs Branch (AR–18J), U.S. action are contained in Public Docket Guard commissioned, warrant, or petty Environmental Protection Agency, 77 A–98–01, located at room M–1500, officer to act on his behalf in enforcing West Jackson Boulevard, Chicago, Waterside Mall (ground floor), U.S. this safety zone. Illinois 60604. Environmental Protection Agency, 401 Dated: January 25, 1999. FOR FURTHER INFORMATION CONTACT: M Street, S.W., Washington, DC 20460. T.E. Bernard, Christos Panos at (312) 353–8328. Anyone may inspect the docket from 8:00 a.m. until 5:30 p.m., Monday Captain, U.S. Coast Guard, Acting SUPPLEMENTARY INFORMATION: For Commander, Fifth Coast Guard District. additional information see the direct through Friday. EPA may charge a reasonable fee for copying docket [FR Doc. 99–2973 Filed 2–5–99; 8:45 am] final rule published in the rules section of this Federal Register. Copies of the materials. BILLING CODE 4910±15±M Send comments on this notice to documents relevant to this action are Public Docket A–98–01 at the above available for public inspection during normal business hours at the above address. EPA requests that you also ENVIRONMENTAL PROTECTION send a copy of any comments to Alan AGENCY address. (Please telephone Christos Panos at (312) 353–8328 before visiting Stout, U.S. EPA, 2000 Traverwood Drive, Ann Arbor, MI 48105. 40 CFR Part 52 the Region 5 Office.) FOR FURTHER INFORMATION CONTACT: [MN55±01±7280b; MN56±01±7281b; MN57± List of Subjects in 40 CFR Part 52 Alan Stout (734) 214–4805. 01±7282b; FRL±6230±4] Environmental protection, Air SUPPLEMENTARY INFORMATION: EPA has pollution control, Intergovernmental established emission standards for Approval and Promulgation of State relations, Particulate matter, Sulfur several nonroad engine categories. The Implementation Plans; Minnesota dioxide. categories of nonroad engines for which AGENCY: Environmental Protection Dated: January 19, 1999. standards currently exist cover a variety Agency (EPA). JoLynn Traub, of applications, including farm and ACTION: Proposed rule. Acting Regional Administrator, Region 5. construction equipment, marine vessels, locomotives, and lawn and garden [FR Doc. 99–2786 Filed 2–5–99; 8:45 am] SUMMARY: In this document, the EPA is equipment. Lawn and garden equipment BILLING CODE 6560±50±P proposing to approve revisions to uses nonroad spark-ignition engines, but Minnesota’s State Implementation Plan these engines are generally rated below (SIP) for particulate matter and sulfur ENVIRONMENTAL PROTECTION 19 kW. Emission standards targeting dioxide in the Minneapolis-St. Paul AGENCY lawn and garden engines therefore area. This revision amends State apply only to engines rated at or below Administrative Orders for North Star 40 CFR Part 83 19 kW. Steel Company, LaFarge Corporation, In contrast, nonroad spark-ignition [FRL±6230±7] and GAF Building Materials. engines rated above 19 kW (25 hp) and In the final rules section of this RIN 2060±AI11 all spark-ignition engines used in land- Federal Register, EPA is approving the based recreational applications are not State’s request as a direct final rule Control of Emissions From New currently subject to federal emission without prior proposal because EPA Nonroad Spark-Ignition Engines Rated standards.1 With this document, EPA is views this action as noncontroversial Above 19 Kilowatts and New Land- beginning the process leading to and anticipates no adverse comments. A Based Recreational Spark-Ignition eventual emission standards for these detailed rationale for approving the Engines engines. State’s request is set forth in the direct AGENCY: Environmental Protection I. Statutory Authority final rule. The direct final rule will Agency (EPA). Section 213(a)(1) of the Clean Air Act, become effective without further notice ACTION: Notice of Proposed Finding. unless the Agency receives relevant 42 U.S.C. 7547(a), requires that the adverse written comment on this action SUMMARY: EPA proposes a finding that Agency study the emissions from all within 30 days of this publication. nonroad spark-ignition engines rated categories of nonroad engines and Should the Agency receive such above 19 kilowatts, as well as all land- equipment (other than locomotives) to comment, it will publish a document based recreational nonroad spark- determine, among other things, whether informing the public that the direct final ignition engines, cause or contribute to these emissions ‘‘cause or significantly rule will not take effect and such public air quality nonattainment in more than contribute to air pollution which may comment received will be addressed in one ozone or carbon monoxide reasonably be anticipated to endanger a subsequent final rule based on this nonattainment area. EPA also proposes public health and welfare.’’ Section proposed rule. If no adverse comments a finding that particulate matter 213(a)(2) further requires EPA to are received, the direct final rule will emissions from these engines cause or determine, through notice and take effect on the date stated in that contribute to air pollution that may comment, whether the emissions of document and no further activity will be reasonably be anticipated to endanger 1 For the purposes of this document, all references taken on this proposed rule. EPA does public health or welfare. This proposal to spark-ignition engines rated above 19 kW not plan to institute a second comment does not address marine propulsion includes marine auxiliary engines, but excludes period on this action. Any parties engines. marine propulsion engines. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6009 carbon monoxide (CO), volatile organic vehicles, and equipment that in EPA’s buildings and other property.4 EPA also compounds (VOCs), and oxides of judgment cause or contribute to such air promulgated standards for emissions of nitrogen (NOX) found in the above study pollution. EPA is proposing in this PM and smoke from nonroad diesel significantly contributes to ozone or CO document that nonroad SI engines rated engines in that rulemaking. With this concentrations in more than one ozone above 19 kW and all land-based document, EPA is proposing to find that or CO nonattainment area. With such a recreational nonroad SI engines ‘‘cause emissions of PM from nonroad SI determination of significance, section or contribute’’ to such air pollution. engines rated above 19 kW and all land- 213(a)(3) requires the Agency to Where EPA determines that other based recreational nonroad SI engines establish emission standards applicable emissions from nonroad engines, ‘‘cause or contribute’’ to such air to CO, VOC, and NOX emissions from vehicles, or equipment significantly pollution, taking cost, noise, safety and classes or categories of new nonroad contribute to air pollution that may energy factors into account. engines and vehicles that cause or reasonably be anticipated to endanger contribute to such air pollution. public health or welfare, section II. Emission Modeling Moreover, if EPA determines that any 213(a)(4) authorizes EPA to establish other emissions from new nonroad (and from time to time revise) emission EPA is in the process of developing its engines contribute significantly to air standards from those classes or updated Nonroad Emissions Model, pollution, EPA may promulgate categories of new nonroad engines, which computes nationwide emission emission standards under section vehicles, and equipment that EPA levels for a wide variety of nonroad 213(a)(4) regulating emissions from determines cause or contribute to such engines. The model incorporates classes or categories of new nonroad air pollution, taking into account cost, information on emission rates, operating engines that EPA finds contribute to noise, safety and energy factors data, and population to determine such air pollution. associated with the application of annual emission levels of various As directed by the Clean Air Act, EPA technology used to meet the standards. pollutants. Population and operating conducted a study of emissions from EPA has made this determination for data, including load factor and nonroad engines, vehicles, and emissions of particulate matter (PM) and operating rate, are determined equipment in 1991.2 Based on the smoke from nonroad engines (see 59 FR separately for dozens of different results of that study, referred to as 31306, June 17, 1994). In that applications. Load factor refers to the NEVES, EPA determined that emissions rulemaking, EPA found that smoke degree to which an engine is loaded, of NOX, HC, and CO from nonroad emissions from nonroad engines with full-power operation indicated by engines and equipment contribute significantly contribute to such air a load factor of 1.0. In addition to significantly to ozone and CO pollution based on smoke’s relationship gasoline, Large SI engines can operate concentrations in more than one to the particulate matter that makes up on liquefied petroleum gas (LPG) or nonattainment area (see 59 FR 31306, smoke. Particulate matter can be inhaled compressed natural gas (CNG). An EPA June 17, 1994).3 Given this into the lower lung cavity, posing a memorandum describes the detailed determination, section 213(a)(3) of the potential health threat. EPA cited recent inputs and methodology for this Act requires EPA to promulgate studies associating PM with increased modeling.5 Some of the key operating emissions standards for those classes or mortality. EPA also noted smoke’s parameters from the model are categories of new nonroad engines, impact on visibility and soiling of urban reproduced in Tables 1 and 2.

TABLE 1.ÐOPERATING PARAMETERS AND POPULATION ESTIMATES FOR VARIOUS APPLICATIONS OF ENGINES RATED ABOVE 19 KW

Hours 1996 2010 Percent Application Load factor per year population population LPG/CNG

Forklift ...... 0.30 1500 442,000 547,063 95 Generator ...... 0.68 115 205,990 202,177 50 Welder ...... 0.51 208 55,495 67,872 50 Commercial turf ...... 0.60 733 41,440 55,074 0 Pump ...... 0.69 221 41,104 44,830 50 Air compressor ...... 0.56 484 24,182 28,633 50 Baler ...... 0.62 68 21,937 27,597 0 Irrigation set ...... 0.60 716 17,800 9,724 50 Aerial lift ...... 0.46 361 15,734 15,555 50 Scrubber/sweeper ...... 0.71 516 14,154 13,955 50 Chipper/grinder ...... 0.78 488 12,218 16,262 50 Leaf blower/vacuum ...... 0.75 56 10,823 14,384 0 Oil field equipment ...... 0.90 1104 8,792 8,924 100 Sprayer ...... 0.65 80 8,635 10,863 0 Trencher ...... 0.66 402 8,168 9,604 50 Specialty vehicle/cart ...... 0.58 65 7,833 8,726 50 Skid/steer loader ...... 0.58 310 7,795 9,164 50 Other general industrial ...... 0.54 713 3,987 3,942 50 Rubber-tired loader ...... 0.71 512 3,476 4,088 50

2 ‘‘Nonroad Engine and Vehicle Emission Study— 4 The nonroad study (NEVES) found that nonroad 5 ‘‘Emission Modeling for Large SI Engines,’’ EPA Report and Appendices,’’ EPA–21A–201, November sources are responsible for approximately 5.55% of memorandum from Alan Stout to Docket A–98–01 1991 (available in Air docket A–96–40). the total anthropogenic inventory of PM emissions (document II–B–01), January 28, 1999. 3 The terms HC (hydrocarbon) and VOC (volatile and over one percent of total PM emissions in six organic carbon) refer to similar sets of chemicals to ten of the thirteen nonattainment areas surveyed. and are generally used interchangeably. 6010 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

TABLE 1.ÐOPERATING PARAMETERS AND POPULATION ESTIMATES FOR VARIOUS APPLICATIONS OF ENGINES RATED ABOVE 19 KWÐContinued

Hours 1996 2010 Percent Application Load factor per year population population LPG/CNG

Gas compressor ...... 0.60 8500 3,023 1,620 100 Paving equipment ...... 0.59 175 2,996 3,524 50 Terminal tractor ...... 0.78 827 2,905 2,872 50 Bore/drill rig ...... 0.79 107 2,618 3,080 50 Ag. tractor ...... 0.62 550 2,152 2,707 0 Concrete/industrial saw ...... 0.78 610 2,133 2,509 50 Rough terrain forklift ...... 0.63 413 1,933 2,273 50 Roller ...... 0.62 621 1,596 1,878 50 Crane ...... 0.47 415 1,584 1,864 50 Other material handling ...... 0.53 386 1,535 1,518 50 Paver ...... 0.66 392 1,337 1,573 50 Other agriculture equipment ...... 0.55 124 1,234 1,552 0 Other construction ...... 0.48 371 1,222 1,436 50 Pressure washer ...... 0.85 115 1,207 2,271 50 Aircraft support ...... 0.56 681 840 1,238 50 Crushing/processing equip ...... 0.85 241 532 628 50 Surfacing equipment ...... 0.49 488 481 567 50 Tractor/loader/backhoe ...... 0.48 870 416 489 50 Hydraulic power unit ...... 0.56 450 339 384 50 Other lawn & garden ...... 0.58 61 333 443 0 Refrigeration/AC ...... 0.46 605 163 226 100

TABLE 2.ÐOPERATING PARAMETERS AND POPULATION ESTIMATES FOR LAND-BASED RECREATIONAL ENGINES

Hours 1996 2010 Percent Application Load factor per year population population 2-stroke

ATV/Nonroad Motorcycle* ...... 0.72 135 1,743,801 1,880,196 19 Snowmobile ...... 0.81 121 1,289,302 1,390,148 100 Specialty vehicle ...... 0.58 65 413,492 445,853 43 * Including mini-bikes, mopeds, and go-carts.

Emission modeling runs for the years percent of mobile source HC emissions, contribution of CO emissions from SI 2000 and 2010 are summarized in 9 percent of CO emissions, and 0.2 engines above 19 kW increases to 4 Tables 3 and 4. These tables show percent of NOX emissions. PM percent and the contribution of HC and relative contributions of the different emissions from land-based recreational CO emissions from land-based mobile source categories to the overall engines amount to 2 percent of total recreational engines increases to 19 emissions inventory. Of the total mobile source emissions. Since highway percent and 11 percent. Population emissions from mobile sources, nonroad engines account for a large fraction of growth and the effects of regulatory SI engines rated above 19 kW contribute mobile source emissions, as shown in control programs are factored into these 1 percent, 2 percent, 3 percent, and 0.4 Tables 3 and 4, the contribution of these later emissions estimates. Table 4 shows percent of HC, NOX, CO, and PM engines as a percentage of total nonroad that the relative importance of emissions in the year 2000. The results emissions will be significantly higher uncontrolled engines grows over time as for land-based recreational engines than that from total mobile sources other engines reduce their emission reflect the much different emissions emissions. levels. The effectiveness of all control profile from two-stroke engines. These These emission figures are projected programs is offset by the anticipated engines are estimated to contribute 15 to change somewhat by 2010. The growth in engine populations.

TABLE 3.ÐMODELED ANNUAL EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2000 [Thousand short tons.]

NOX HC CO PM Category tons percent tons percent tons percent tons percent

Nonroad SI > 19 kW ...... 227 2 57 1 2,060 3 3 0.4 Recreational SI equip...... 25 0.2 1,100 15 6,652 9 16 2 Nonroad SI < 19 kW ...... 82 0.7 623 8 13,859 19 14 2 Marine SI ...... 39 0.4 609 8 2,177 3 30 4 Nonroad diesel ...... 2,803 25 371 5 1,002 1 306 44 Marine diesel ...... 206 2 45 1 76 0.1 30 4 Locomotive ...... 1,075 10 46 1 104 0.1 27 4 Aircraft ...... 178 2 183 2 1,017 1 39 6 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6011

TABLE 3.ÐMODELED ANNUAL EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2000ÐContinued [Thousand short tons.]

NOX HC CO PM Category tons percent tons percent tons percent tons percent

Total Nonroad ...... 4,635 42 3,034 40 26,947 38 465 66 Total Highway ...... 6,397 58 4,482 60 44,244 62 238 34

Total Mobile Source ...... 11,032 100 7,516 100 71,191 100 703 100

TABLE 4.ÐMODELED ANNUAL EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2010 [Thousand short tons.]

NOX HC CO PM Category tons percent tons percent tons percent tons percent

Nonroad SI > 19 kW ...... 288 3 46 1 2,427 4 3 0.4 Recreational SI equip...... 26 0.3 1,174 19 6,900 11 18 2 Nonroad SI < 19 kW ...... 73 0.8 293 5 11,528 18 15 2 Marine SI ...... 49 0.5 363 6 2,221 3 22 3 Nonroad diesel ...... 2,248 24 249 4 699 1 375 51 Marine diesel ...... 211 2 46 1 78 0.1 31 4 Locomotive ...... 1,075 11 46 1 104 0.2 27 4 Aircraft ...... 209 2 215 4 1,279 2 42 6

Total Nonroad ...... 4,179 44 2,432 40 25,236 39 533 73 Total Highway ...... 5,354 56 3,683 60 40,201 61 200 27

Total Mobile Source ...... 9,533 100 6,115 100 65,437 100 733 100

In presenting this analysis, EPA has different criteria than are used in this III. General Approach for an Emission estimated national emissions as a proxy notice. However, a review of, for Control Program for emissions within nonattainment example, spark-ignited forklifts in the areas. This should be a reasonable New York City Consolidated EPA has made an extensive effort to approximation due to the fact that the Metropolitan Statistical Area area coordinate EPA’s anticipated regulatory equipment listed in the above tables is indicated contributions of 4868, 84 853, program for spark-ignited engines rated generally not isolated to individual 5148 and 27 tons per year of VOCs, CO, above 19 kW with the requirements areas. However, EPA recognizes that NOX, and PM, respectively. According adopted by the California Air Resources some applications may not contribute to the study, spark-ignited recreational Board (California ARB). The California equally to emissions in both attainment vehicles (mini-bikes and mopeds, and ARB finalized emission standards for and nonattainment areas. EPA would others vehicle types) in the New York these engines on October 22, 1998. An like to include current data on the City Consolidated Metropolitan EPA memorandum provides additional contribution of these sources to Statistical Area contributed 11 280, 19 information about the requirements nonattainment area emissions when it 054, 82 and 217 tons of these pollutants approved by the California ARB and finalizes a finding based on this per year.7 In the South Coast (Los highlights a few issues that will warrant proposal and the associated public Angeles) area, spark-ignited forklifts further attention in the EPA comments. Accordingly, EPA seeks contributed 4612, 80 649, 4893 and 25 rulemaking.8 comments and data that address the tons of VOCs, CO, NOX and PM, degree to which emissions from these EPA believes that equipment in the respectively, while SI recreational engines and equipment contribute to air large nonroad SI category generally use vehicles contributed 8066, 28 465, 53 pollution in nonattainment areas. engines of similar design. The same is EPA’s 1991 study analyzed emissions and 80 tons of these pollutants per year. true of engines in the recreational from nonroad engines in several Many of the factors that EPA used in vehicle category. Manufacturers will nonattainment areas.6 The analysis creating the emission estimates for the generally be able to produce engine 1991 study have been revised in the showed that Large SI equipment and SI models with the projected control current modeling as EPA gathers more recreational vehicles contribute to technologies that can be used in most complete information regarding, for emissions of VOCs, NOX, CO and PM in applications in a category without example, emission factors and the vast majority of the nonattainment significant modification. EPA seeks areas surveyed. The 1991 study does not population estimates. These revisions do not, however, change the central additional information on relevant provide total inventories for Large SI similarities and distinctions between equipment because equipment analysis of contribution in the 1991 engines used in these categories. categories were aggregated using study.

8 6 See ‘‘Nonroad Engine and Vehicle Emission 7 The New York City CMSA includes New York ‘‘California Requirements for Large SI Engines Study—Report and Appendices’’ and ‘‘Nonroad City, Long Island, parts of New York north of New and Possible EPA Approaches,’’ EPA memorandum Inventory Tables: Inventories A and B,’’ in EPA Air York City, parts of Northern New Jersey and parts from Alan Stout to Docket A–98–01 (Document II– Docket A–91–24. of Connecticut. B–02), January 28, 1999. 6012 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

IV. Conclusion regulatory action is ‘‘significant’’ and D. Unfunded Mandates Reform Act therefore subject to Office of Based on the analysis described in Title II of the Unfunded Mandates this document, EPA proposes that Management and Budget (OMB) review and the requirements of the Executive Reform Act of 1995 (UMRA), Pub .L. emissions of HC, NOX, and CO from 104–4, establishes requirements for nonroad spark-ignition engines rated Order (58 FR 51735, Oct. 4, 1993). The federal agencies to assess the effects of above 19 kW and from nonroad land- order defines ‘‘significant regulatory their regulatory actions on state, local, based spark-ignition recreational action’’ as any regulatory action that is and tribal governments and the private engines contribute to ozone or carbon likely to result in a rule that may: monoxide concentrations in more than (1) Have an annual effect on the sector. Under section 202 of the UMRA, one ozone or CO nonattainment area, economy of $100 million or more or EPA generally must prepare a written and emissions of PM from such engines adversely affect in a material way the statement, including a cost-benefit cause or contribute to air pollution that economy, a sector of the economy, analysis, for proposed and final rules may reasonably be anticipated to productivity, competition, jobs, the with ‘‘federal mandates’’ that may result endanger public health or welfare. environment, public health or safety, or in expenditures to state, local, and tribal State, local, or tribal governments or governments, in the aggregate, or to the V. Public Participation communities. private sector, of $100 million or more Publication of this document opens a (2) Create a serious inconsistency or in any one year. Before promulgating an formal comment period for this otherwise interfere with an action taken EPA rule for which a written statement proposal. EPA will accept comments for or planned by another agency; is needed, section 205 of the UMRA the period indicated under DATES above. (3) Materially alter the budgetary generally requires EPA to identify and The Agency encourages all parties that impact of entitlements, grants, user fees, consider a reasonable number of have an interest in the program or loan programs or the rights and regulatory alternatives and adopt the described in this document to offer obligations of recipients thereof; or, (4) least costly, most cost-effective, or least comment on all aspects of this Raise novel legal or policy issues arising burdensome alternative that achieves rulemaking, including the memoranda out of legal mandates, the President’s the objectives of the rule. The referenced in this document. All priorities, or the principles set forth in provisions of section 205 do not apply comments, with the exception of the Executive Order. when they are inconsistent with proprietary information, should be EPA has submitted this proposed applicable law. Moreover, section 205 directed to the EPA Air Docket Section, finding to the Office of Management and allows EPA to adopt an alternative other Docket No. A–97–50 before the date Budget pursuant to Executive Order than the least costly, most cost-effective, specified above. The Agency will hold 12866. or least burdensome alternative if the a public hearing if one is requested, as B. Regulatory Flexibility Administrator publishes with the final noted under DATES above. rule an explanation of why that Commenters wishing to submit The Regulatory Flexibility Act (RFA) alternative was not adopted. Before EPA proprietary information for generally requires an agency to conduct establishes any regulatory requirements consideration should clearly separate a regulatory flexibility analysis of any that may significantly or uniquely affect such information from other comments rule subject to notice and comment small governments, including tribal by (1) labeling proprietary information requirements, unless the agency certifies governments, it must have developed ‘‘Confidential Business Information’’ that the rule will not have a significant under section 203 of the UMRA a small and (2) sending proprietary information economic impact on a substantial government agency plan. The plan must directly to the contact person listed (see number of small entities. Small entities provide for notifying potentially FOR FURTHER INFORMATION CONTACT) and include small businesses, small not-for- affected small governments, enabling not to the public docket. This will help profit enterprises, and small officials of affected small governments ensure that proprietary information is governmental jurisdictions. to have meaningful and timely input in not inadvertently placed in the docket. The Agency certifies that this If a commenter wants EPA to use a the development of EPA regulatory proposal will not have a significant proposals with significant federal submission of confidential information economic impact on a substantial as part of the basis for the final rule, intergovernmental mandates, and number of small entities. This proposal informing, educating, and advising then a nonconfidential version of the involves no requirements that would document that summarizes the key data small governments on compliance with impose any burden on industry or other the regulatory requirements. or information should be sent to the segments of society. A finding that Large docket. SI engines cause or contribute to air EPA has determined that this Information covered by a claim of pollution in at least two nonattainment proposed finding does not contain confidentiality will be disclosed by EPA areas, however, will lead EPA to initiate federal mandates that may result in only to the extent allowed and in a rulemaking to set emission standards expenditures of $100 million or more accordance with the procedures set for these engines. In that separate for State, local, and tribal governments, forth in 40 CFR part 2. If no claim of rulemaking, EPA will review whether in the aggregate, or the private sector in confidentiality accompanies the the proposed regulations would have a any one year. The rule does not impose submission when it is received by EPA, significant economic impact on a any enforceable duties on State, local, or it will be made available to the public substantial number of small entities. tribal governments. This rule also without further notice to the The subsequent rulemaking will provide contains no regulatory requirements that commenter. ample opportunity for notice and might significantly or uniquely affect VI. Administrative Requirements comment. small governments. In addition, there will be no economic effects resulting A. Administrative Designation and C. Paperwork Reduction Act from this proposed rule Thus, this Regulatory Analysis This proposal contains no proposed rule is not subject to the Under Executive Order 12866, the requirements for collecting, storing, or requirements of sections 202 and 205 of Agency must determine whether this reporting information. the UMRA. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6013

E. National Technology Transfer and communications from the governments, Gasoline, Imports, Motor vehicle Advancement Act and a statement supporting the need to pollution, Reporting and recordkeeping Section 12(d) of the National issue the regulation. In addition, requirements, Research, Warranties. Technology Transfer and Advancement Executive Order 12875 requires EPA to Dated: January 29, 1999. develop an effective process permitting Act of 1995 (‘‘NTTAA’’), Public Law Carol M. Browner, elected officials and other 104–113, section 12(d) (15 U.S.C. 272 representatives of State, local and tribal Administrator. note) directs EPA to use voluntary governments ‘‘to provide meaningful [FR Doc. 99–2694 Filed 2–5–99; 8:45 am] consensus standards in its regulatory and timely input in the development of BILLING CODE 6560±50±P activities unless doing so would be regulatory proposals containing inconsistent with applicable law or significant unfunded mandates.’’ otherwise impractical. Voluntary This rule would not create a mandate DEPARTMENT OF HEALTH AND consensus standards are technical on State, local or tribal governments. HUMAN SERVICES standards (e.g., materials specifications, The rule would not impose any test methods, sampling procedures, and enforceable duties on these entities. Administration for Children and business practices) that are developed or This rule would be implemented at the Families adopted by voluntary consensus federal level and would impose no standards bodies. NTTAA directs EPA compliance obligations on any party. 45 CFR Part 1309 to provide Congress, through OMB, Accordingly, the requirements of RIN 0970ÐAB54 explanations when the Agency decides section 1(a) of Executive Order 12875 do not to use available and applicable not apply to this rule. Head Start Program voluntary consensus standards. This proposed finding involves no H. Consultation and Coordination With AGENCY: Administration on Children, technical standards. Indian Tribal Governments Youth and Families (ACYF), Administration for Children and F. Protection of Children Under Executive Order 13084, EPA may not issue a regulation that is not Families (ACF), HHS. Executive Order 13045, entitled required by statute, that significantly or ACTION: Notice of Proposed Rulemaking. ‘‘Protection of Children from uniquely affects the communities of Environmental Health Risks and Safety SUMMARY: The Administration on Indian tribal governments, and that Children, Youth and Families is issuing Risks’’ (62 FR 19885, April 23, 1997), imposes substantial direct compliance applies to a rule that is determined to this Notice of Proposed Rulemaking to costs on those communities, unless the implement a statutory provision that be ‘‘economically significant,’’ as Federal government provides the funds defined under Executive Order 12866, if authorizes Head Start grantees to use necessary to pay the direct compliance grant funds to finance the construction the environmental health or safety risk costs incurred by the tribal addressed by the rule has a and major renovation of Head Start governments, or EPA consults with facilities. disproportionate effect on children. For those governments. If EPA complies by DATES: In order to be considered, these rules, the Agency must evaluate consulting, Executive Order 13084 comments on this proposed rule must the environmental health or safety requires EPA to provide to the Office of be received on or before April 9, 1999. effects of the planned rule on children; Management and Budget, in a separately and explain why the planned regulation identified section of the preamble to the ADDRESSES: Please address comments to is preferable to other potentially rule, a description of the extent of EPA’s the Associate Commissioner, Head Start effective and reasonably feasible prior consultation with representatives Bureau, Administration for Children, alternatives considered by the Agency. of affected tribal governments, a Youth and Families, P.O. Box 1182, This proposed finding is not subject summary of the nature of their concerns, Washington, DC 20013. Beginning 14 to Executive Order 13045, because it and a statement supporting the need to days after close of the comment period, does not involve decisions on issue the regulation. In addition, comments will be available for public environmental health or safety risks that Executive Order 13084 requires EPA to inspection in Room 2219, 330 C Street, may disproportionately affect children. develop an effective process permitting SW., Washington, DC 20201, Monday elected officials and other through Friday, between the hours of 9 G. Enhancing the Intergovernmental a.m. and 4 p.m. Partnership under Executive Order representatives of Indian tribal FOR FURTHER INFORMATION CONTACT: 12875 governments ‘‘to provide meaningful and timely input in the development of Douglas Klafehn, Deputy Associate Under Executive Order 12875, EPA regulatory policies on matters that Commissioner, Head Start Bureau, may not issue a regulation that is not significantly or uniquely affect their Administration for Children, Youth and required by statute and that creates a communities.’’ Families, P.O. Box 1182, Washington, mandate upon a State, local or tribal This rule would not significantly or DC 20013; (202) 205–8572. government, unless the Federal uniquely affect the communities of SUPPLEMENTARY INFORMATION: Government provides the funds Indian tribal governments. This rule I. Program Purpose necessary to pay the direct compliance would be implemented at the federal costs incurred by those governments, or level and would impose no compliance Head Start is authorized under the EPA consults with those governments. If obligations on any party. Accordingly, Head Start Act (42 U.S.C. 9801 et seq.). EPA complies by consulting, Executive the requirements of section 3(b) of It is a national program providing Order 12875 requires EPA to provide to Executive Order 13084 do not apply to comprehensive developmental services the Office of Management and Budget a this rule. to low-income preschool children, description of the extent of EPA’s prior primarily age three to the age of consultation with representatives of List of Subjects in 40 CFR Part 83 compulsory school attendance, and affected State, local and tribal Environmental protection, their families. To help enrolled children governments, the nature of their Administrative practice and procedure, achieve their full potential, Head Start concerns, copies of any written Confidential business information, programs provide comprehensive 6014 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules health, nutritional, educational, social principal and paying interest on loans. Section 1309.1—Purpose and and other services. In addition, Section It directs the Secretary to establish application 645A of the Head Start Act provides uniform procedures for Head Start We propose to revise § 1309.1 to authority to fund programs serving agencies to request approval to use grant include reference to the applicability of infants and toddlers. Programs receiving funds to construct new facilities or part 1309 to the construction or major funds under the authority of this section make major renovations to existing renovation of Head Start facilities in are referred to as Early Head Start facilities. addition to the purchase of such A Notice of Proposed Rulemaking programs. facilities. Head Start programs are required to (NPRM) on Purchase of Head Start provide for the direct participation of Facilities was published in the Federal Section 1309.3—Definitions the parents of enrolled children in the Register on December 1, 1994 (59 FR We propose to revise § 1309.3 by development, conduct, and direction of 61575). The Final Rule on Purchase of adding five definitions. The definition local programs. Parents also receive Head Start Facilities, published for ‘‘construction,’’ a new definition, is training and education to foster their elsewhere in this issue of the Federal based on the statutory language found in understanding of and involvement in Register, does not address construction section 644(g)(2)(A) of the Head Start the development of their children. In or major renovation since the statutory Act, which states that grant funds may fiscal year 1997, Head Start served change concerning construction and be used to pay for ‘‘construction of 794,000 children through a network of major renovation occurred too close to facilities that are not in existence on the over 2,000 grantees and delegate publication of that NPRM to permit the date’’ the Secretary determines the agencies. inclusion of procedures covering grantee meets the statutory criteria for While Head Start is intended to serve construction and major renovation. We eligibility. In addition, we revised the primarily children whose families have recognize, however, that procedures definition of ‘‘acquire’’ to encompass incomes at or below the poverty line, or covering the purchase, construction and who receive public assistance, Head construction in whole or part. major renovation of facilities using Head The second definition we propose is Start policy permits up to 10 percent of Start grant funds should be consistent the children in local programs to be ‘‘incidental alterations and and should be brought together in one renovations.’’ This definition is added from families who do not meet these place. Therefore, the procedures on low-income criteria. Tribal grantees can to distinguish such alterations and construction and major renovation renovations from major renovations exceed this limit under certain when made final will amend the final conditions. The Act also requires that a which are defined also in this proposed rule on purchase of Head Start facilities rule. Alterations and renovations are minimum of 10 percent of the so that 45 CFR part 1309 will cover, in enrollment opportunities in each considered ‘‘incidental’’ if they readily one single rule, the use of grant funds modify a facility to meet program program be made available to children to purchase, construct and make minor with disabilities. Such children are requirements, if the cost of the renovations to Head Start facilities. alterations and renovations do not expected to participate in the full range The proposed rule: of Head Start services and activities • Defines major renovation to mean exceed the lesser of $150,000 or 25 with their non-disabled peers and to structural changes to the foundation, percent of total direct costs expected to receive needed special education and roof, floor, or exterior or load-bearing be approved for the grantee’s budget related services. walls of a facility, or the extension of a period, and the renovations or facility to increase its floor area. Major alterations do not meet the definition for II. Summary of the Proposed major renovations described below. A Regulation renovation also means extensive alteration of a facility such as to third new definition is for ‘‘major The authority for this Notice of significantly change its function and renovation,’’ which has two parts. Major Proposed Rulemaking (NPRM) is section purpose, even if such renovation does renovation means structural changes to 644(g) of the Head Start Act (42 U.S.C. not include any structural change to the the foundation, roof, floor, or exterior or 9839). Paragraph (g) was added by facility. load-bearing walls of a facility, or the Public Law 103–252, Title I of the • Specifies what information the extension of an existing facility to Human Services Amendments of 1994. grantee must provide to establish increase its floor area, or extensive Section 644(g) states that the Secretary eligibility to be awarded grant funds to alteration of a facility such as to may authorize the use of federal construct or make a major renovation to significantly change its function and financial assistance to make payments a Head Start facility. purpose, even if such renovation does for capital expenditures, such as • Requires that a grantee receive not include any structural change to the expenditures for the construction and approval from HHS of the final working facility. major renovation of facilities. drawings and specifications for Classification as a major renovation Authorization for the use of grant funds construction or major renovation before will have two consequences: the grantee in this manner requires a determination it advertises for bids. will be able to pay the principal and by the Secretary that suitable facilities • Requires that all construction and interest on a loan to finance the work, are not otherwise available to Indian major renovation contracts be on a lump and the grantee will be required to meet tribes, rural communities, and other sum fixed-price basis. the preliminary eligibility and other low-income communities to carry out criteria found in this regulation. Head Start programs, that the lack of III. Section by Section Discussion of the The fourth and fifth new definitions suitable facilities (including public NPRM we propose are for the terms ‘‘suitable school facilities) will inhibit the We propose to revise the heading of facility’’ and ‘‘useable facility.’’ The operation of such programs, and that Part 1309 to reflect the addition of major terms are necessary because section construction of such facilities is more renovation and construction 644(g) of the Head Start Act requires cost effective than the purchase or requirements in this part. The revised that a determination be made that no renovation of available facilities. The heading is ‘‘Head Start Facilities ‘‘suitable’’ facility is available within a Act also provides that grant funds may Purchase, Major Renovation and community before a grantee can be be used to pay the cost of amortizing the Construction.’’ permitted to use grant funds for the Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6015 construction or renovation of a facility. their eligibility under one of two new equipment acquired or upon which The term ‘‘suitable’’ means a facility in provisions proposed as §§ 1309.49 and major renovations have been undertaken the grantee’s service area that is owned 1309.50. with grant funds for use as a Head Start by the grantee or is available for lease facility. The responsible HHS official Section 1309.11—Cost comparisons for or purchase, is useable as a Head Start may subordinate the federal interest in purchase, construction and major facility, and is not more expensive to such property to that of a lender which renovation of facilities purchase, own or lease than other finances the acquisition or major comparable facilities. The term We are proposing to amend § 1309.11, renovation costs subject to the ‘‘useable’’ is included and intended to which appears as a final rule published conditions set forth in paragraph (f) of describe a facility not in need of today, to apply to cost comparisons for this section.’’ We are proposing some renovation to increase its size or to bring construction and major renovation of technical changes in paragraph (d) of it into compliance with local licensing facilities. We are proposing to amend this section by inserting the words ‘‘or and code requirements and the access the heading of this section to read ‘‘Cost at the commencement of major requirements of the Americans with comparisons for purchase, construction renovation or construction of a facility’’ Disabilities Act (ADA), if applicable, and major renovation of facilities’’ to after the word purchasing, and in (d)(1) and section 504 of the Rehabilitation apply the proposed provisions of we propose to substitute the words Act of 1973. § 1309.11 to cost comparisons for ‘‘acquisition or major renovation’’ for construction and major renovation of the word ‘‘purchase’’ and finally we Section 1309.10—Application facilities. Paragraph (a) of the proposed propose to revise paragraph (f) by We propose to revise the heading of rule requires that a cost comparison be substituting the word ‘‘purchased’’ with § 1309.10 to read ‘‘Applications for the conducted subject to the proposed the words ‘‘acquired or upon which purchase, construction and major paragraph (c) which is expanded to major renovations have been renovation of facilities.’’ We also include not only purchase of facilities undertaken.’’ propose to revise § 1309.10, which but also comparisons required for appears in the final rule on purchase of construction and major renovations of Section 1309.23 Insurance, bonding and Head Start facilities which is published facilities. In conformance with section maintenance today, to include requirements for 644(g)(1) of the Head Start Act, In this section we propose to add a application for the construction and paragraph (c)(2) of the proposed rule sentence clarifying that for facilities major renovation of facilities with Head will require Head Start grantees which have been constructed or Start funds. The proposed provision requesting funding for the construction renovated, insurance coverage must will establish requirements for of a new facility to compare the cost of begin at the commencement of the applications from Head Start grantees constructing to the cost of owning, expenditure of costs in fulfillment of who wish to obtain funds to: (1) purchasing or leasing an alternative construction or renovation work. Purchase existing facilities; (2) continue facility which may be made useable as Sections 1309.40 through 1309.43 to pay costs of purchases begun during a Head Start facility by means of the period from December 21, 1986 to renovation of the facility. Paragraph The proposed revisions to §§ 1309.40, October 7, 1992; (3) construct new (c)(3) proposes that grantees applying 1309.41, 1309.42, and 1309.43 replace facilities; (4) renovate facilities which for funding to undertake a major the word ‘‘purchase’’ with ‘‘acquisition they own or lease; or (5) purchase renovation of a facility must compare or major renovation.’’ Sections 1309.41, facilities for the purpose of renovating the cost of the proposed renovation, 1309.42 and 1309.43 contain technical them to make them usable for their including the cost of purchasing the edits also. Head Start programs. With the facility to be renovated (if the grantee is A new subpart F has been added to exception of existing paragraphs (f) and proposing to purchase the facility) to the cover very specific requirements on (r) which we have redesignated (e) and cost of constructing a facility of similar construction and major renovation of (q), we propose modifications in all of size. ACF proposes to request grantees Head Start Facilities. the existing provisions of § 1309.10 to to furnish this information in order that Section 1309.49—Eligibility— apply to applications for construction it may properly exercise discretion in construction and major renovation as well as for selecting grantees to receive funding purchase of existing facilities. We under section 644(g) of the Head Start Section 1309.50—Eligibility—major propose to incorporate the existing Act. We are proposing that paragraph (e) renovation paragraph (d) into a new paragraph (b). include clarification that the period of These two sections conform to section In addition, a proposed amendment to comparison for renovations of leased 644 (g)(1) in requiring applicants to the newly redesignated paragraph (l) facilities is the period of the lease demonstrate that the Head Start program requires that a grantee proposing to remaining after the major renovation is serves an Indian Tribe or is available in undertake a major renovation of a leased completed. Paragraph (f) is identical to a low-income or rural community and facility must have a lease with a the final rule. that the lack of a suitable facility in the duration of at least five years from the grantee’s service area will inhibit the Section 1309.21 Recording of Federal date the renovation is completed. We operation of the program. propose to add to the newly interest and other protection of federal Applicants requesting funding for redesignated paragraph (m) a interest construction of facilities must requirement for an assessment of the We propose to apply the same demonstrate that there are no facilities impact of proposed construction or provisions for the subordination of available for lease or purchase or major renovation under the National Federal interest for construction and facilities that are available are not Environmental Policy Act of 1969 (42 major renovation of Head Start facilities suitable for use by a Head Start program. U.S.C. 4332(2)(C)). We propose further as are found in the final rule for the Grantees requesting funds for major that before submitting an application purchase of facilities. We propose to renovations must demonstrate that there under proposed section 1309.10, revise paragraph (a) of this section to are no facilities available for lease or grantees seeking funds for construction read ‘‘The Federal government has an purchase or that facilities available are or for major renovations must establish interest in all real property and not suitable for use without major 6016 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules renovations. Applicants for funding for Section 1309.53—Inspection of work requirements on small businesses. For major renovations and who are leasing This section proposes that the grantee each rule with a ‘‘significant economic the facilities must have a lease shall provide competent and adequate impact on a substantial number of small guaranteeing the use of the facility for architectural or engineering inspection entities’’ an analysis must be prepared a minimum period of five years from the at the work site to insure that the describing the rule’s impact on small time the renovations are completed. completed work conforms to the entities. Small entities are defined by We are proposing further in this rule approved plans and specifications. Also, the Act to include small businesses, that all applicants support, whenever a final architectural or engineering small non-profit organizations and small possible, the determination that there inspection report of the facility must be governmental entities. While these are no suitable facilities with a written submitted to the responsible HHS regulations would affect small entities, statement by a licensed real estate official within 30 calendar days of they would not affect a substantial professional in the grantee’s service substantial completion of the number. Furthermore, the cost of the area. construction or major renovation. This application process and other activities is intended to insure that the project is undertaken as a result of these Section 1309.51—Approval of drawings being properly managed and that any regulations will not have a significant and specifications problems or unusual circumstances are economic impact because the Head Start program covers 80% of the allowable In this section we propose to require identified and dealt with as early as possible. costs of grantees under the program. The that grantees receive approval from the remaining costs associated with responsible HHS official of the final Section 1309.54—Davis-Bacon Act compliance are part of the share of costs drawings and specifications for the Construction and major renovation grantees agree to meet from their own proposed construction or major contracts and subcontracts are subject to resources when they enter the Head renovation before soliciting bids or the Davis-Bacon Act (40 U.S.C. 276a et Start program. For these reasons, the awarding a contract for the work. The seq.). In this section we propose that the Secretary certifies that this rule will not architect or engineer shall make a grantee must provide an assurance that have a significant impact on substantial certification to the responsible HHS all laborers and mechanics employed by numbers of small entities. official of whether in his or her contractors or subcontractors in the professional opinion the plans and Paperwork Reduction Act construction or renovation of Head Start specifications conform to Head Start facilities shall be paid wages at not less Under the Paperwork Reduction Act programmatic requirements and are than those prevailing on similar of 1995, Pub. L. 104–13, all Departments appropriate from a cost and technical construction in the locality, as are required to submit to the Office of point of view. determined by the Secretary of Labor. Management and Budget (OMB) for Section 1309.52—Procurement Grantees are required to comply with review and approval any reporting or procedures the requirements found in the Davis- recordkeeping requirement inherent in a Bacon Act and the regulations of the proposed or final rule. This NPRM Paragraph (a) of this section refers to Department of Labor which implement contains information collection and the Department’s procurement policy, that Act. Those regulations are found in record-keeping requirements in found in 45 CFR parts 74 and 92, and Title 29 of the Code of Federal § 1309.10 (application), 1309.49 reiterates the basic rule that all facility Regulations. (eligibility construction), and 1309.50 transactions be conducted in a manner (major renovation) which will be to provide, to the maximum extent IV. Impact Analysis submitted to OMB for review and practicable, open and free competition. Executive Order 12866 approval in accordance with the Paragraph (b) provides that all Executive Order 12866 requires that Paperwork Reduction Act. construction and major renovation regulations be drafted to ensure that The respondents to the information contracts shall be on a lump sum fixed- they are consistent with the priorities collection requirements in the rule are price basis, and prohibits the grantee and principles set forth in the Executive Head Start grantees who may be State or from entering into a contract without Order. The Department has determined local non-profit agencies or prior written approval of the responsible that this rule is consistent with these organizations. The Department needs to HHS official. Paragraph (c) requires priorities and principles. This Notice of require this collection of information in prior written approval of the responsible Proposed Rulemaking implements the order to assure that grantees who apply HHS official for unsolicited statutory authority for Head Start for approval to construct or make major modifications that would change the grantees to apply to use grant funds to renovations to a facility with Head Start scope or objective of the project. In construct or make major renovations to funds have followed certain necessary paragraph (d) we propose that all facilities. Congress made no additional legal and administrative procedures. contracts for HHS-funded construction appropriation to fund this new Also, these collection of information or major renovation of Head Start authority, however, and so any money requirements are necessary for facilities contain a clause stating that spent toward the construction or monitoring purposes. the responsible HHS official or his or renovation of Head Start facilities is The grantees who will be affected by her designee shall have access at all money that would have been spent these requirements will be those who reasonable times to the work being otherwise by the program or other request approval and are approved to performed pursuant to the contract, at programs from the same appropriation construct or make major renovations to any stage of preparation or progress, and amount. a facility for the purpose of operating a requiring the contractor to facilitate Head Start program. Based on the such access and inspection. Regulatory Flexibility Act of 1980 average number of grantees who The intent of these provisions is to The Regulatory Flexibility Act (5 requested approval from the Department protect the grantee and the Department U.S.C. CH. 6) requires the Federal since the statutory authority became against substandard work and cost government to anticipate and reduce the effective, the estimated annual number overruns. impact of rules and paperwork of grantees that will be affected is 200. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6017

The actual submittal of an application PART 1309ÐHEAD START FACILITIES Head Start facility and is not more under § 1309.10 from a grantee to PURCHASE, MAJOR RENOVATION expensive to purchase, own or lease construct or make a major renovation to AND CONSTRUCTION than other comparable facilities in the a facility is a one time activity which is grantee’s service area. preceded by a number of preparatory 3. Section 1309.1 is revised to read as Useable facility means a facility activities. We estimate the time it will follows: which is large enough to meet the take to prepare the application in § 1309.1 Purpose and application. foreseeable needs of the Head Start accordance with the requirements of This part prescribes regulations program and which complies with local this rule is 40 hours per grantee, implementing sections 644(c), (f) and (g) licensing and code requirements and the calculated over a period of time. On an of the Head Start Act, 42 U.S.C. 9801 et access requirements of the Americans annual basis, the total hours estimated seq., as they apply to grantees operating with Disabilities Act (ADA), if for submittal of applications from Head Start programs under the Act. It applicable, and section 504 of the grantees are 8,000. prescribes the procedures for applying Rehabilitation Act of 1973. 5. Section 1309.10 is revised to read The Administration for Children and for Head Start grant funds to purchase, as follows: Families (ACF) will consider comments construct, or make major renovations to by the public on these proposed facilities in which to operate Head Start § 1309.10 Applications for the purchase, collection of information in: programs. It also details the measures construction and major renovation of • Evaluating whether the proposed which must be taken to protect the facilities. collections are necessary for the proper Federal interest in facilities purchased, A grantee which proposes to use grant performance of the functions of ACF, constructed or renovated with Head funds to purchase a facility, or a grantee including whether the information will Start grant funds. found eligible under section § 1309.49 have practical utility; 4. Section 1309.3 is amended by to apply for funds to construct a facility, • Evaluating the accuracy of ACF’s revising the definition ‘‘acquire’’ and or section § 1309.50 to undertake major estimate of the burden of the proposed adding five new definitions to read as renovation of a facility, including collections of information; follows: facilities purchased for that purpose, • Enhancing the quality, usefulness, § 1309.3 Definitions. must submit a written application to the and clarity of the information to be responsible HHS official. The collected; and * * * * * application must include the following Acquire means purchased or • Minimizing the burden of the information: collection of information on those who constructed in whole or in part with (a) A legal description of the site of are to respond. Head Start grant funds through the facility, and an explanation of the OMB is required to make a decision payments made in satisfaction of a appropriateness of the location to the concerning the collections of mortgage agreement (both principal and grantee’s service area, including a information contained in this final rule interest), as a down payment, for statement of the effect that acquisition between 30 and 60 days after professional fees, closing costs and any or major renovation of the facility has publication of this document in the other costs associated with the purchase had or will have on the transportation Federal Register. Therefore, a comment or construction of the property that are of children to the program, on the is best assured of having its full effect usual and customary for the locality. grantee’s ability to collaborate with if OMB receives it within 30 days of * * * * * other child care, social services and publication. Written comments to OMB Construction means new building, health providers, and on all other for the proposed information collection and excludes renovations, alterations, program activities and services. should be sent directly to the following: additions, or work of any kind to (b) Plans and specifications of the Office of Management and Budget, existing buildings. facility to be purchased, including Paperwork Reduction Project, 725 17th * * * * * information on the size and type of Street, NW, Washington, DC 20503, Incidental alterations and renovations structure, the number and a description Attn: Wendy Taylor. means improvements to a facility which of the rooms, and the lot on which the can be readily made, which are not List of Subjects in 45 CFR Part 1309 building is located (including the space considered major or structural available for a playground and for Acquisition, Construction, Facilities, renovations as defined in this section parking). If incidental alterations and Head Start, Real property, Renovation and the total costs of which do not renovations or major renovations are (Catalog of Federal Domestic Assistance exceed the lesser of $150,000 or 25 being proposed to make a facility Program Number 93.600, Project Head Start) percent of total direct costs approved for useable to carry out the Head Start Dated: August 3, 1998. a budget period. program, a description of the Major renovation means structural Olivia A. Golden, renovations, and the plans and changes to the foundation, roof, floor, or Assistant Secretary for Children and Families. specifications submitted must also exterior or load-bearing walls of a describe the facility as it will be after Approved: September 15, 1998. facility, or the extension of an existing renovations are complete. In the case of Donna E. Shalala, facility to increase its floor area. Major a proposed major renovation, a Secretary. renovation also means extensive certification by a licensed engineer or For the reasons set forth in the alteration of an existing facility such as architect as to the cost and technical Preamble, 45 CFR part 1309 is proposed to significantly change its function and appropriateness of the proposed to be amended as follows: purpose, even if such renovation does renovation must be included. 1. The authority citation for part 1309 not include any structural change to the (c) The cost comparison described in continues to read as follows: facility. § 1309.11 of this part. * * * * * (d) The intended uses of the facility Authority: 42 U.S.C. 9801 et seq. Suitable Facility means a facility that proposed for acquisition or major 2. The heading of part 1309 is revised is owned by the grantee or is available renovation, including information to read as follows: for lease or purchase, is useable as a demonstrating that the facility will be 6018 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules used principally as a Head Start center be conducted to determine that the incurred due to compliance with this or a direct support facility for a Head facility is structurally sound and safe for Act. Start program. If the facility is to be use as a Head Start facility. (o) A statement of the share of the cost used for purposes in addition to the (j) A statement of the effect that the of acquisition or major renovation that operation of the Head Start program, the acquisition or major renovation of a will be paid with grant funds. grantee must state what portion of the facility would have on the grantee’s (p) For a grantee seeking approval of facility is to be used for such other ability to meet the limitation on a previous purchase, a statement of the purposes. development and administrative costs extent to which it has attempted to (e) An assurance that the facility in section 644(b) of the Head Start Act. comply and will be able to comply with complies (or will comply when One-time fees and expenses necessary to the provisions of § 1309.22 of this part. constructed or after completion of the the acquisition or major renovation, (q) Such additional information as the renovations described in paragraph (b) such as the down payment, the cost of responsible HHS official may require. of this section) with local licensing and necessary renovation, loan fees and 6. Section 1309.11 is revised to read code requirements, the access related expenses, and fees paid to as follows: requirements of the Americans with attorneys, engineers, and appraisers, are Disabilities Act (ADA), if applicable, not considered to be administrative § 1309.11 Cost comparisons for purchase, construction and major renovation of and section 504 of the Rehabilitation costs. facilities. Act of 1973. The grantee also will assure (k) A proposed schedule for that it has met the requirements of the acquisition, renovation and occupancy (a) A grantee proposing to acquire or Flood Disaster Protection Act of 1973, if of the facility. undertake a major renovation of a applicable. (l) Reasonable assurances that the facility must submit a detailed estimate (f) If the grantee proposing to applicant will obtain a fee simple or of the costs of the proposed activity and purchase a facility without undertaking such other estate or interest in the site compare the cost of the proposed major renovations is claiming that the of the facility to be acquired sufficient activity as provided under paragraph (c) lack of alternative facilities will prevent to assure undisturbed use and of this section. or would have prevented operation of possession for the purpose of operating (b) All costs of acquisition, renovation the program, a statement of how it was the Head Start program. If the grantee and ownership must be identified, determined that there is or was a lack proposes to acquire a facility without including, but not limited to, of alternative facilities. This statement also purchasing the land on which the professional fees, purchase of the must be supported, whenever possible, facility is situated, the application must facility to be renovated, renovation by a written statement from a licensed describe the easement, right of way or costs, moving expenses, additional real estate professional in the grantee’s land rental it will obtain or has obtained transportation costs, maintenance, taxes, service area. If a grantee requesting to allow it sufficient access to the insurance, and easements, rights of way approval of the previous purchase of a facility. If the grantee proposes to or land rentals. An independent facility is unable to provide such undertake a major renovation of a leased appraisal of the current value of the statements based on circumstances facility, the grantee must have a lease of facility proposed to be purchased, which existed at the time of the at least five years duration from the date previously purchased or renovated, purchase, the grantee and the licensed the renovation is completed. made by a professional appraiser, must real estate professional may use present (m) An assessment of the impact of be included. conditions as a basis for making the the proposed purchase on the human (c)(1) Grantees proposing to purchase determination. environment if it involves more than a a facility, without requesting funds for (g) The terms of any proposed or simple incidental alteration and major renovations to the facility, must existing loan(s) related to acquisition or renovation or any significant change in compare the cost of the proposed major renovation of the facility and the land use, including substantial increases facility to the cost of the facility repayment plans (detailing balloon in traffic in the surrounding area due to currently used by the grantee, unless the payments or other unconventional the provision of Head Start grantee has no current facility, will lose terms, if any), and information on all transportation services and an the use of its current facility, intends to other sources of funding of the assessment of all proposed construction continue to use its current facility after acquisition or major renovation, and major renovation pursuant to it purchases the new facility, or has including any restrictions or conditions section 102(2)(C) of the National shown to the satisfaction of the imposed by other funding sources. Environmental Policy Act of 1969 (42 responsible HHS official that its existing (h) A statement of the effect that the U.S.C. 4332(2)(C) and its implementing facility is inadequate. Where the acquisition or major renovation of the regulations (40 CFR parts 1500–1508), grantee’s current facility is not used as facility would have on the grantee’s as well as a report showing the results the alternate facility, the grantee must meeting of the non-Federal share of tests for environmental hazards use for comparison a facility (or requirement of section 640(b) of the present in the facility, ground water, facilities) available for lease in the Head Start Act, including whether the and soil (or justification why such grantee’s service area and useable as a grantee is seeking a waiver of its non- testing is not necessary). In addition, Head Start facility or which can be Federal share obligation under that such information as may be necessary to made useable through incidental section of the Act. comply with the National Historic alteration or renovation, the cost of (i) Certification by a licensed engineer Preservation Act of 1966 (16 U.S.C. which shall be included in the cost or architect that the building proposed 470f) must be included. comparison. In the case of an to be purchased or previously purchase (n) Assurance that the grantee will application for approval of the previous is structurally sound and safe for use as comply with the requirements of the purchase of a facility, the cost of the a Head Start facility. The applicant must Uniform Relocation Assistance and Real present facility must be compared to the certify that upon the completion of Property Acquisition Policies Act of cost of the facility used by the grantee major renovation to a facility or 1970, as amended (42 U.S.C. 4601 et before purchase of its current facility. If construction of a facility that inspection seq. and 49 CFR Part 24), and the facility used by the grantee before by a licensed engineer or architect will information about the costs that may be the purchase of its present facility was Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6019 deemed inadequate by the responsible Management and Budget cost expenditure of costs in fulfillment of HHS official, the grantee had no principles. construction or renovation work. previous facility, or if the grantee 7. Section 1309.21 is amended by * * * * * continued to use its previous facility revising paragraphs (a), (d), introductory 9. Section 1309.40 is revised to read after it purchased the current facility, text, (d)(1), and (f), introductory text to as follows: the alternative facility shall be an read as follows: available, appropriate facility (or § 1309.40 Copies of documents. facilities) of comparable size that was § 1309.21 Recording of Federal interest Certified copies of the deed, lease, and other protection of Federal interest. available for rent in the grantee’s service loan instrument, mortgage, and any area at the time of its purchase of the (a) The Federal government has an other legal documents related to the current facility. interest in all real property and acquisition or major renovation of the (2) Grantees proposing to construct a equipment acquired or upon which facility or to the discharge of any debt facility must compare the costs of major renovations have been undertaken secured by the facility must be constructing the proposed facility to the with grant funds for use as a Head Start submitted to the responsible HHS costs of owning, purchasing or leasing facility. The responsible HHS official official within ten days of their an alternative facility which can be may subordinate the federal interest in execution. made useable through incidental such property to that of a lender which 10. Section 1309.41 is revised to read alterations and renovations or major finances the acquisition or major as follows: renovations. The alternative facility is renovation costs subject to the one now owned by the grantee or conditions set forth in paragraph (f) of § 1309.41 Record retention. available for lease or purchase in the this section. All records pertinent to the grantee’s service area. If no such facility * * * * * acquisition or major renovation of a is available, this statement must explain (d) Immediately upon purchasing or facility must be retained by the grantee how this fact was determined and the at the commencement of major for a period equal to the period of the claim must be supported, whenever renovation or construction of a facility, grantee’s ownership (or occupancy, in possible, by a written statement from a or receiving permission to use funds for the case of leased facilities) of the licensed real estate professional in the a previously purchased facility the facility plus three years. grantee’s service area. grantee shall record the Notice of 11. Section 1309.42 is revised to read (3) A grantee proposing to undertake Federal Interest in the appropriate as follows: a major renovation of a facility must official records for the jurisdiction is § 1309.42 Audit of mortgage. compare the cost of the proposed located. The Notice shall include the Any audit of a grantee which has renovation (including the cost of following information: acquired or made major renovations to purchasing the facility to be renovated, (1) The date of the award of grant a facility with grant funds shall include if the grantee is proposing to purchase funds for the acquisition or major an audit of any mortgage or the facility) to the cost of constructing renovation of the property to be used as encumbrance on the facility. Reasonable a facility of comparable size. a Head Start facility, and the address and necessary fees for this audit are (d) The grantee must separately and legal description of the property to payable with grant funds. delineate the following expenses in the be acquired or renovated; 12. Section 1309.43 is revised to read application: * * * * * as follows: (1) One-time costs, including, but not (f) In subordinating its interest in a limited to, cost of purchasing the facility facility acquired or upon which major § 1309.43 Use of grant funds to pay fees. to be renovated, the down payment, renovations have been undertaken with Consistent with the cost principles professional fees, moving expenses, the grant funds, the responsible HHS referred to in 45 CFR part 74 and 45 cost of site preparation; and official does not waive application of CFR part 92, reasonable fees and costs (2) Ongoing costs, including, but not paragraph (d) of this section and associated with and necessary to the limited to, mortgage payments, § 1309.22. A written agreement by the acquisition or major renovation of a insurance premiums, maintenance responsible HHS official to subordinate facility (including reasonable and costs, and property taxes. If the grantee the Federal interest must provide: necessary fees and costs incurred to is exempt from the payment of property * * * * * establish preliminary eligibility under taxes, this fact must be stated. 8. Section 1309.23 is amended by § 1309.50 of this part, or otherwise prior (e) The period of comparison for revising paragraph (a) to read as follows: to the submission of an application purchase, construction or renovation of under § 1309.10 of this Part or a facility is twenty years, except that for § 1309.23 Insurance, bonding and acquisition of the facility) are payable the purchase of a modular unit the maintenance. with grant funds, but require prior, period of comparison is ten years and (a) At the time of acquiring or written approval of the responsible HHS the period of comparison for major undertaking a major renovation of a official. renovation of a leased facility is the facility or receiving approval for the 13. A new subpart F is added to read period of the lease remaining after the previous purchase of a facility the as follows: renovations are completed. For grantee shall obtain insurance coverage approvals of previous purchases the for the facility which is not lower in Subpart FÐConstruction and Major Renovation period of comparison begins on the date value than coverage it has obtained for the purchase took place. other real property it owns, and which Sec. (f) If the facility is to be used for at least meets the requirements of the 1309.49 Eligibility—Construction. 1309.50 Eligibility—Major renovation. purposes in addition to the operation of coverage specified in paragraphs (a)(1) 1309.51 Approval of drawings and the Head Start program, the cost of use and (2) of this section. For facilities specifications. of that part of the facility used for such which have been constructed or 1309.52 Procurement procedures. other purposes must be allocated in renovated, insurance coverage must 1309.53 Inspection of work. accordance with applicable Office of begin at the commencement of the 1309.54 Davis-Bacon Act. 6020 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

Subpart F—Construction and Major certification by a licensed engineer or facilities shall be paid wages at not less Renovation architect as to the cost and technical than those prevailing on similar appropriateness of the proposed construction in the locality, as § 1309.49 EligibilityÐConstruction. construction or renovation, and on a determined by the Secretary of Labor. Before submitting an application determination that the drawings and [FR Doc. 99–2861 Filed 2–5–99; 8:45 am] under section 1309.10 for construction specifications conform to Head Start BILLING CODE 4184±01±U of a facility, the grantee must establish programmatic requirements. that: (a) The Head Start program serves an § 1309.52 Procurement procedures. Indian Tribe; or is located in a rural or (a) All facility construction and major other low-income community; and FEDERAL COMMUNICATIONS renovation transactions must comply COMMISSION (b) There is a lack of suitable facilities with the procurement procedures in 45 (including public school facilities) in CFR parts 74 and 92, and must be 47 CFR Part 73 the grantee’s service area which will conducted in a manner to provide, to inhibit the operation of the program, as the maximum extent practicable, open [MM Docket No. 99±22, RM±9426] demonstrated by a statement that and free competition. neither the grantee’s current facility nor (b) All construction and major Radio Broadcasting Services; Ashland, any facility available for lease or renovation contracts for facilities WI purchase in the service area is suitable acquired with grant funds require the for use by a Head Start program. This prior, written approval of the AGENCY: Federal Communications statement must explain the factors responsible HHS official, and shall be Commission. considered, how it was determined that on a lump sum fixed-price basis. ACTION: Proposed rule. there is a lack of suitable facilities and (c) Prior written approval of the be supported whenever possible by a responsible HHS official is required for SUMMARY: This document requests written statement from a licensed real unsolicited modifications that would comments on a petition filed by The estate professional in the grantee’s change the scope or objective of the State of Wisconsin Educational service area. project, including proposed Communications Board proposing the allotment of Channel 275A to Ashland, § 1309.50 EligibilityÐMajor renovation. modifications that would materially alter the costs of the project or increase Wisconsin, and reservation of the (a) Before submitting an application channel for noncommercial educational under § 1309.10, the grantee must the amount of grant funds needed to complete the project. use. The channel can be allotted to establish that: Ashland without a site restriction at (1) The Head Start program serves an (d) All construction and major coordinates 46–35–24 NL and 90–53–00 Indian Tribe, or is available in a rural or renovation contracts for facilities WL. Canadian concurrence will be other low-income community; and acquired with grant funds shall contain (2) There is a lack of suitable facilities a clause stating that the responsible requested for the allotment of Channel (including public school facilities) in HHS official or his or her designee shall *275A at Ashland. the grantee’s service area which will have access at all reasonable times to DATES: Comments must be filed on or inhibit the operation of the program, as the work being performed pursuant to before March 22, 1999, and reply demonstrated by a statement that the contract, at any stage of preparation comments on or before April 6, 1999. neither the grantee’s current facility nor or progress, and requiring that the ADDRESSES: Federal Communications any facility available for lease or contractor shall facilitate such access Commission, Washington, DC 20554. In purchase in the service area is suitable and inspection. addition to filing comments with the or could be made suitable without major FCC, interested parties should serve the § 1309.53 Inspection of work. renovation. This statement must explain petitioner’s counsel, as follows: Todd D. the factors considered, how it was (a) The grantee must provide and Gray, Margaret L. Miller, Christine J. determined that there is a lack of maintain competent and adequate Newcomb, Dow Lohnes & Albertson, suitable facilities and be supported, architectural or engineering inspection PLLC, 1200 New Hampshire Avenue, whenever possible, by a written at the work site to insure that the NW, Suite 800, Washington, DC 20036. completed work conforms to the statement from a licensed real estate FOR FURTHER INFORMATION CONTACT: professional in the grantee’s service approved plans and specifications. (b) The grantee must submit a final Kathleen Scheuerle, Mass Media area. Bureau, (202) 418–2180. (b) In order to receive funding for architectural or engineering inspection SUPPLEMENTARY INFORMATION: This is a major renovation of a leased facility, the report of the facility to the responsible summary of the Commission’s Notice of grantee must have a lease that provides HHS official within 30 calendar days of Proposed Rule Making, MM Docket No. the Head Start program with a term of substantial completion of the 99–22, adopted January 13, 1999, and occupancy of at least five years from the construction or renovation. released January 29, 1999. The full text time the renovation will be complete. § 1309.54 Davis-Bacon Act. of this Commission decision is available § 1309.51 Approval of drawings and Construction and renovation projects for inspection and copying during specifications. and subcontracts financed with funds normal business hours in the (a) The grantee may not advertise for awarded under the Head Start program Commission’s Reference Center (Room bids or award a contract for any part of are subject to the Davis-Bacon Act (40 239), 1919 M Street, NW., Washington, construction or major renovation funded U.S.C. 276a et seq.) and the regulations DC. The complete text of this decision by grant funds until final working of the Department of Labor, 29 CFR part may also be purchased from the drawings and specifications have been 5. The grantee must provide an Commission’s copy contractors, approved by the responsible HHS assurance that all laborers and International Transcription Services, official. mechanics employed by contractors or Inc., 1231 20th Street, NW., (b) Approval by the responsible HHS subcontractors in the construction or Washington, DC. 20036, (202) 857–3800, official shall be based on the renovation of affected Head Start facsimile (202) 857–3805. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6021

Provisions of the Regulatory Performance Safety Standards, NHTSA, the regulation consistent with those Flexibility Act of 1980 do not apply to telephone (202) 366–6346. changes. this proceeding. SUPPLEMENTARY INFORMATION: NHTSA’s DATES: Comments must be received by Members of the public should note proposed rewrite of the headlighting April 9, 1999. that from the time a Notice of Proposed sections of FMVSS No. 108 is intended ADDRESSES: Comments should refer to Rule Making is issued until the matter to remove inconsistencies and to the docket number, and be submitted to: is no longer subject to Commission facilitate easy reference to the standard. Docket Management, Room PL–401, 400 consideration or court review, all ex A proposed rewrite of the signal lamp Seventh Street, SW, Washington, DC parte contacts are prohibited in sections of the standard will follow. 20590 (Docket hours are from 10 a.m. to Commission proceedings, such as this DaimlerChrysler, Ford and General 5 p.m.) one, which involve channel allotments. Motors requested a 60 day extension of FOR FURTHER INFORMATION CONTACT: For See 47 CFR 1.1204(b) for rules the comment period because they nonlegal issues: Henrietta Spinner, governing permissible ex parte contact. wanted to provide a response Office of Planning and Consumer For information regarding proper coordinated through the newly formed Programs, National Highway Traffic filing procedures for comments, see 47 Alliance of Automobile Manufacturers Safety Administration, 400 Seventh CFR 1.415 and 1.420. (AAM). Formerly, the American Street, SW, Washington, DC 20590 List of Subjects in 47 CFR Part 73 Automobile Manufacturers Association (202–366–4802). (AAMA) provided such coordinated Radio broadcasting. For legal issues: Edward Glancy, responses to notices of proposed Office of the Chief Counsel, National Federal Communications Commission. rulemaking, but it disbanded during the Highway Traffic Safety Administration, John A. Karousos, comment period. 400 Seventh Street, SW, Washington, Chief, Allocations Branch, Policy and Rules After reviewing the situation, NHTSA DC 20590 (202–366–2992). agrees with the petitioners that Division, Mass Media Bureau. SUPPLEMENTARY INFORMATION: [FR Doc. 99–2732 Filed 2–5–99; 8:45 am] additional time is desirable to obtain a coordinated response. The amended text BILLING CODE 6712±01±P Background is lengthy, but the amendments are On July 21, 1994, NHTSA published intended primarily to improve clarity. in the Federal Register (59 FR 37294) a Accordingly, the agency believes that DEPARTMENT OF TRANSPORTATION new regulation, 49 CFR part 583, there is good cause for the extension Automobile Parts Content Labeling, to National Highway Traffic Safety and that the extension is consistent with implement the American Automobile Administration the public interest. Based on the above Labeling Act (AALA). That Act, which considerations, the agency has decided is codified at 49 U.S.C. 32304, requires 49 CFR Part 571 to extend the comment period until passenger motor vehicles to be labeled April 11, 1999. [Docket No. NHTSA 98±4673, Notice 2] with information about their domestic Issued on: February 2, 1999. and foreign parts content. We encourage RIN 2127±AG87 Stephen R. Kratzke, interested persons to read the July 1994 notice, as well as the various subsequent Federal Motor Vehicle Safety Acting Associate Administrator for Safety Performance Standards. notices published by the agency in Standards; Lamps, Reflective Devices response to petitions for and Associated Equipment [FR Doc. 99–2937 Filed 2–5–99; 8:45 am] BILLING CODE 4910±59±P reconsideration, for a detailed AGENCY: National Highway Traffic explanation of this program. Safety Administration (NHTSA), As part of the NHTSA Department of Transportation. DEPARTMENT OF TRANSPORTATION Reauthorization Act of 1998,1 Congress amended the AALA to make a number ACTION: Extension of comment period National Highway Traffic Safety for a notice of proposed rulemaking. of changes in the labeling requirement. Administration The changes are set forth in section SUMMARY: This notice grants a request to 7106(d) of the NHTSA Reauthorization 49 CFR Part 583 extend the comment period on an Act. agency proposal to reorganize the [Docket No. NHTSA±98±5064] In this notice, the agency is proposing to amend Part 583 to conform it to the sections of Standard No. 108, Lamps, RIN 2127±AH33 Reflective Devices and Associated amended AALA. We will discuss each Equipment, relating to headlighting (63 Motor Vehicle Content Labeling of the changes made by the Congress, FR 63258, November 12, 1998). The and any conforming amendments being comment closing date is changed from AGENCY: National Highway Traffic proposed for part 583, in the order set February 10, 1999 to April 11, 1999. Safety Administration (NHTSA), forth in section 7106(d). Department of Transportation. DATES: Comments on docket NHTSA Changes to the AALA; Proposed ACTION: Notice of proposed rulemaking. 98–4673, Notice 1 must be received on Conforming Amendments or before April 11, 1999. SUMMARY: This document proposes to Determination of Origin of Engine and ADDRESSES: Comments should refer to amend the regulation NHTSA issued to Transmission (Subparagraph (1)(A) of the Docket NHTSA 98–4673, Notice 1 implement the American Automobile Section 7106(d)) and be submitted to: Docket Labeling Act. That Act requires Management, Room PL–401, 400 passenger motor vehicles to be labeled The original AALA specified, among Seventh Street, SW., Washington, DC with information about their domestic other things, that vehicles were to be 20590 (Docket hours are from 10 a.m. to and foreign parts content. Congress 5 p.m.) 1 This Act was part of the Transportation Equity recently amended that Act to make a Act for the 21st Century (TEA–21). The full text of FOR FURTHER INFORMATION CONTACT: number of changes in the labeling TEA–21 and the conference report is available on Patrick Boyd, Office of Safety requirement. This proposal would make the Web at http://www.fhwa.dot.gov/tea21/. 6022 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules labeled with the names of the countries information, the statute requires may include a line identifying the of origin of the engine and transmission. suppliers of equipment to provide country in which the vehicle assembly The Act provided that these origin information about the origin of the was completed. We note, however, that determinations were to be based on the equipment they supply. section 32304(b)(1)(B) of the AALA purchase price of materials received at The original AALA specified that, for already provides that the label must individual engine/transmission plants equipment received from outside identify the final assembly place for the and were not to include engine/ suppliers, the equipment is considered vehicle by city, State (where transmission assembly costs. U.S./Canadian if it contains at least 70 appropriate) and country. This To reflect the fact these origin percent value added in the U.S./Canada. requirement is reflected in § 583.5(b) of determinations did not include engine/ Thus, any equipment that was at least the current regulation. transmission assembly costs and to 70 percent U.S./Canadian was valued at Since, pursuant to another section of ensure that accurate information was 100 percent U.S./Canadian. Any the AALA, Part 583 already requires the provided to the public, we specified that equipment under 70 percent was valued vehicle content label to state the country the label refer to ‘‘Engine Parts’’ and at zero percent. This provision was in which the vehicle assembly was ‘‘Transmission Parts’’ instead of sometimes referred to as the ‘‘roll-up, completed, we believe that it is ‘‘Engines’’ and ‘‘Transmissions’: roll-down’’ provision. It is reflected in unnecessary to amend the regulation in Country of Origin: § 583.6(c) of the current regulation. light of paragraph (2). Engine Parts: (name of country) Subparagraph (1)(C) amended the U.S./Canadian Parts Content of a Transmission Parts: (name of country) AALA to eliminate the ‘‘roll-down’’ Section 7106(d)(1)(A) amended the Vehicle Based on the Assembly Plant portion of this provision. While (Paragraph (3) of Section 7106(d)) AALA to specify that assembly and equipment from an outside supplier that labor costs incurred for the final is at least 70 percent U.S./Canadian is Paragraph (3) amended the AALA to assembly of engines and transmissions still to be valued at 100 percent U.S./ provide that a manufacturer’s vehicle are now to be included in making these Canadian, any equipment under 70 content label may display separately the country of origin determinations. This percent is now valued, and must be domestic content of a vehicle based on means that the terms ‘‘Engine Parts’’ and reported, to the nearest five percent. As the assembly plant. We note that, in ‘‘Transmission Parts’’ will no longer be the Conference Report stated: enacting the original AALA, Congress appropriate for the vehicle content decided that U.S./Canadian parts label. Under this subparagraph, suppliers would content should be calculated for groups In order to conform part 583 to report [U.S./Canadian] content to the nearest of vehicles rather than for each five percent. For instance, 38 percent would individual vehicle. It also decided to subparagraph (1)(A), we are proposing be reported to the manufacturer as 40 to amend the calculation procedures set percent, rather than zero as under current adopt the concept of ‘‘carline’’ and its forth in § 583.8. We are also proposing law. definition from the Corporate Average to amend § 583.5, so that the wording of Fuel Economy Program, as the basis for Congressional Record H3929 (May 22, the vehicle content label would no determining the relevant groups of 1998). longer use the terms ‘‘Engine Parts’’ and vehicles. In order to conform part 583 to ‘‘Transmission Parts.’’ It would instead We also note that carline subparagraph (1)(C), we are proposing to use the terms ‘‘Engine’’ and determinations are based on degree of amend the procedures for calculating ‘‘Transmission.’’ commonality in construction, instead of U.S./Canadian parts content set forth in commonality of assembly plant. Thus, it Definition of Final Assembly Place § 583.6 and the requirements for outside is possible that some vehicles in a (Subparagraph (1)(B) of Section 7106(d) suppliers set forth in § 583.10. carline may be manufactured at one Subparagraph (1)(B) amends the We note that the proposed assembly plant, while other vehicles in definition of ‘‘final assembly place.’’ amendments would increase the costs of the same carline may be manufactured The Conference Report notes that this compliance with part 583 for some at another assembly plant, even one in amendment ‘‘codifies certain outside suppliers. The original AALA another country. regulations which permit labor costs of did not require outside suppliers to If a carline is manufactured at more parts manufactured at the same location provide specific estimates of the U.S./ than one assembly plant, the U.S./ as final vehicle assembly to be included Canada value added of their equipment. Canadian content for the portion of the in the vehicle’s overall content Instead, it only required them to carline manufactured at one assembly indicate whether the U.S./Canada value plant may differ substantially from that calculation * * *’’ Congressional 2 Record H3929 (May 22, 1998). added was at least 70 percent. Under for the portions manufactured at other We note that subparagraph (1)(B) the amended AALA, however, outside assembly plants. Paragraph (3) permits a simply codifies an existing provision of suppliers which provide equipment manufacturer to voluntarily display part 583, i.e., the definition of final with U.S./Canada value added of less separately on the vehicle content label assembly set forth in § 583.4(b)(4). than 70 percent are required to provide the U.S./Canadian parts content for the Therefore, we do not need to make specific estimates (i.e., to the nearest portion of the carline assembled at the conforming amendments. five percent) of the U.S./Canada value plant where the vehicle was assembled. added of their equipment. As noted by the Conference Report, this Determination of U.S./Canadian information would be reported in Percentage of the Value of Items of Identification of Country of Assembly (Paragraph (2) of Section 7106(d)) addition to the carline average Equipment by Outside Suppliers percentage. Congressional Record (Subparagraph (1)(C) of Section 7106(d) Paragraph (2) amends section H3929–30 (May 22, 1998). The AALA specifies, among other 32304(d) of the AALA to provide that a We note that this provision appears to things, that the vehicle content labels manufacturer’s vehicle content label represent a variation of an option must indicate the percentage U.S./ currently included in part 583 at 2 NHTSA discussed in some detail the Canadian parts content, determined on compliance burdens associated with the now § 583.5(e). That option applies to a carline basis. To enable vehicle superseded requirements for outside suppliers at 60 carlines consisting of vehicles some of manufacturers to calculate this FR 47883–87 (September 15, 1995). which are assembled in the U.S./Canada Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6023 and others of which are assembled in passenger motor vehicle equipment and Rulemaking Analyses and Notices one or more other countries. It permits to represent value added in the country A. Executive Order 12866 and DOT manufacturers to voluntarily identify where final assembly takes place, Regulatory Policies and Procedures U.S./Canadian parts content for the regardless of actual country of origin of portion of the carline assembled in the those small parts. We have considered the impact of this country in which the vehicle is actually In order to conform part 583 to rulemaking action under Executive assembled. If this information is paragraph (5), we are proposing to Order 12866 and the Department of provided, it must be included in an amend the definition of passenger motor Transportation’s regulatory policies and explanatory note at the end of the label. vehicle equipment set forth at § 583.4(b) procedures. This rulemaking document In order to conform part 583 to and the calculation procedures set forth was not reviewed by the Office of paragraph (3), we are proposing to add at § 583.6 and § 583.7. Management and Budget under E.O. to § 583.5 an additional option Other Changes to the Label 12866, ‘‘Regulatory Planning and permitting manufacturers to voluntarily Review.’’ The rulemaking action has identify U.S./Canadian parts content We are proposing a change in the been determined not to be significant based on the assembly plant in which format of the label to make it easier to under the Department’s regulatory the vehicle was assembled. The details understand. Part 583 currently requires policies and procedures. a brief explanatory note concerning of the option are generally patterned This document proposes to amend 49 parts content to be provided at the end after the option included at § 583.5(e), CFR Part 583 to conform the agency’s of the label. We are proposing to move which would be retained. We seek content labeling requirements and this note to the middle of the label, comment on whether § 583.5(e) will still calculation procedures to recent directly below the items of information be needed with this additional statutory changes. The changes are so for which the note is relevant, i.e., provision. minor that they would not have any below the specified U.S./Canadian Parts measurable effect on vehicle prices. Outside Suppliers Failing To Report Content and Major Sources of Foreign (Paragraph (4) of Section 7106(d) Parts Content. We request comments on The change most likely to result in cost impacts is the one requiring outside For the past several years, we have whether any other changes to the label, e.g., wording changes or format changes, suppliers to make calculations of U.S./ provided a limited, temporary provision Canadian content, to the nearest five in the part 583 content calculation are appropriate in light of the amendments to the AALA. percent, for equipment with U.S./ procedures to give a vehicle Canadian content below 70 percent. manufacturer added flexibility in Effective Date This will increase compliance costs for making content determinations in those The NHTSA Reauthorization Act was some outside suppliers. The agency instances in which outside suppliers notes that there are about 15,000 have not responded to the signed by the President on June 9, 1998. While the provisions amending the suppliers to vehicle manufacturers. manufacturer’s requests for content However, many small suppliers procure information.3 This provision is set forth AALA changed the existing labeling requirement and content calculation all their inputs from the same country, at § 583.6(c)(6). Paragraph (4) amended and will experience negligible costs. the AALA to codify this regulatory procedures, they did not specify when those changes are to become effective NHTSA believes that cost impacts for provision and make it permanent. other suppliers will be small and will In order to conform part 583 to for vehicle manufacturers and suppliers. diminish over time. Somewhat higher paragraph (4), we are proposing to Given the leadtime needed to change costs are likely to be experienced the remove the time limitation included in labels and make calculations based on first year as suppliers become familiar § 583.6(c)(6). We are also proposing the new calculation procedures, it with the new calculation procedures conforming changes to make that would not have been possible for the and incorporate them into their section consistent with subparagraph vehicle manufacturers to comply with programming or other systems. (1)(C) of section 7106(d) which, as the new requirements for their model discussed above, changed the year 1999 vehicles. However, we believe While the agency believes that the procedures for calculating the U.S./ that manufacturers can comply with the cost impacts will be small, it does not Canadian content of equipment new requirements with respect to all have sufficient information to quantify supplied by outside suppliers. model year 2000 vehicles, with the such costs. Comments are requested possible exception of those introduced concerning this issue. Because the Accounting for the Value of Small Parts during the early part of 1999. Since the economic impacts of this proposal are (Paragraph (5) of Section 7106(d) changes are relatively straightforward so minimal, preparation of a full The original AALA excluded small and leave us little discretion, the vehicle regulatory evaluation is not necessary. parts such as nuts, bolts, clips, screws manufacturers can implement the B. Regulatory Flexibility Act and pins from the definition of changes needed to comply with the new ‘‘passenger motor vehicle equipment.’’ requirements. They need not await the We have considered the effects of this This reduced the burdens associated final rule to do so. rulemaking action under the Regulatory with obtaining content information Accordingly, we are proposing to Flexibility Act (5 U.S.C. 601 et seq.) I about these minor items. However, it apply the new requirements to all model hereby certify that the proposed also meant that they were not year 2000 carlines that are first offered amendment would not have a considered at all in determining parts for sale to ultimate purchasers on or significant economic impact on a content. Paragraph (5) amends the after June 1, 1999. This would affect the substantial number of small entities. AALA to provide that the value of small vast majority of model year 2000 Therefore, a regulatory flexibility parts is to be defaulted to the country carlines, since most will be introduced analysis is not required for this action. of final assembly. In other words, these in the fall of 1999. For model year 2000 Although certain small businesses, such small parts are now considered to be carlines that are first offered for sale as parts suppliers and some vehicle before June 1, 1999, manufacturers manufacturers, are affected by the 3 For an explanation of this provision, see 62 FR would have the option of following the regulation, the effect on them is minor. 33756 (June 23, 1997). new requirements or the old ones. The requirements are strictly 6024 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules informational and, as discussed above, We will consider all comments § 583.5 Label requirements. cost impacts small. received before the close of business on (a) * * * the comment closing date indicated C. National Environmental Policy Act (4) Country of origin for the engine. above. The comments will be available The country of origin of the passenger We have analyzed this proposed for examination in the docket at the motor vehicle’s engine (the procedure amendment for the purposes of the above address both before and after that for making this country of origin National Environmental Policy Act and date. To the extent possible, we will determination is set forth in § 583.8); determined that it would not have any consider comments filed after the (5) Country of origin for the significant impact on the quality of the closing date. We will consider transmission. The country of origin of human environment. comments received too late for the passenger motor vehicle’s D. Executive Order 12612 (Federalism) consideration in regard to this action as transmission (the procedure for making suggestions for further rulemaking this country of origin determination is We have analyzed this proposed action. Comments will be available for set forth in § 583.8); amendment in accordance with the inspection in the docket. We will principles and criteria set forth in * * * * * continue to file relevant information as (b) Except as provided in paragraphs Executive Order 12612. We have it becomes available in the docket after determined that the proposed (e), (f) and (g) of this section, the label the closing date, and recommend that required under paragraph (a) of this amendment does not have sufficient interested persons continue to examine federalism implications to warrant the section shall read as follows, with the the docket for new material. specified information inserted in the preparation of a Federalism Assessment. Those persons desiring to be notified places indicated (except that if there are upon receipt of their comments in the E. Paperwork Reduction Act no major sources of foreign parts rules docket should enclose a self- content, omit the section ‘‘Major Information collection requirements addressed, stamped postcard in the Sources of Foreign Parts Content’’): proposed in this notice differ from those envelope with their comments. Upon approved by the Office of Management receiving the comments, the docket Parts Content Information and Budget under the provisions of the supervisor will return the postcard by For vehicles in this carline: Paperwork Reduction Act (Pub. L. 96– mail. 511) and assigned OMB Control Number U.S./Canadian Parts Content: (insert 2127–0573. The current approval will List of Subjects in 49 CFR Part 583 number) % Major Sources of Foreign Parts expire on June 30, 2001. Since NHTSA Imports, Labeling, Motor vehicles, Content: believes that the changes proposed in Reporting and recordkeeping (name of country with highest this notice will result in a small increase requirements. percentage): (insert number) % in the paperwork burden of this In consideration of the foregoing, we reporting requirement, if the changes (name of country with second highest propose to amend 49 CFR part 583 as percentage): (insert number) % proposed in this NPRM are made final, follows: NHTSA will ask OMB for approval to Note: Parts content does not include final amend OMB Control Number 2127– PART 583ÐAUTOMOBILE PARTS assembly, distribution, or other non-parts costs. 0573 to account for any additional CONTENT LABELING information collection burdens imposed For this vehicle: 1. The authority citation for part 583 Final Assembly Point: (city, state, country) on the public. would continue to read as follows: Country of Origin: Engine: (name of country) Request for Comments Authority: 49 U.S.C. 32304, 40 CFR 1.50, Transmission: (name of country) We invite interested persons to 501.2(f). * * * * * submit comments on this proposal. Two 2. Section 583.4 would be amended copies should be submitted. (i) Carlines assembled in more than by revising paragraph (b)(7) to read as one assembly plant. (1) If a carline is All comments must not exceed 15 follows: pages in length (49 CFR 553.21). assembled in more than one assembly Necessary attachments may be § 583.4 Definitions. plant, the manufacturer may, at its appended to these submissions without * * * * * option, add the following additional regard to the 15-page limit. This (b) * * * information at the end of the limitation is intended to encourage (7) Passenger motor vehicle explanatory note specified in paragraph commenters to detail their primary equipment means any system, (a)(6) of this section, with the specified arguments in a concise fashion. subassembly, or component received at information inserted in the places If a commenter wishes to submit the final assembly point for installation indicated: certain information under a claim of on, or attachment to, such vehicle at the Two or more assembly plants produce the confidentiality, three copies of the time of its initial shipment by the vehicles in this carline. The vehicles complete submission, including manufacturer to a dealer for sale to an assembled at the plant where this vehicle ultimate purchaser. Passenger motor was assembled have a U.S./Canadian parts purportedly confidential business l information, should be submitted to the vehicle equipment also includes any content of [ ]%. Chief Counsel, NHTSA, at the street system, subassembly, or component (2) A manufacturer selecting this address given above, and two copies received by an allied supplier from an option shall divide the carline for from which the purportedly confidential outside supplier for incorporation into purposes of this additional information information has been deleted should be equipment supplied by the allied into portions representing each submitted to the Docket Section. A supplier to the manufacturer with assembly plant. request for confidentiality should be which it is allied. (3) A manufacturer selecting this accompanied by a cover letter setting * * * * * option for a particular carline shall forth the information specified in the 3. Section 583.5 would be amended provide the specified additional agency’s confidential business by revising paragraph (a)(4), (a)(5), (b), information on the labels of all vehicles information regulation. 49 CFR part 512. and (i) to read as follows: within the carline. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6025

4. Section 583.6 would be amended or Canada only if it has a good faith assembly plant of the engine/ by revising paragraphs (a), (c)(1)(ii), basis to make that determination; transmission, and the fair market value (c)(3)(ii), and (c)(6) to read as follows: (iv) A manufacturer and its allied of each individual part produced at the suppliers may, on a combined basis, plant. The assembly and labor costs § 583.6 Procedure for determining U.S./ make value added determinations for no incurred for the final assembly of the Canadian parts content. more than 10 percent, by value, of a engine/transmission are then added to (a) Each manufacturer, except as carline’s total parts content from outside determine the value of the engine or specified in § 583.5(f) and (g), shall suppliers; transmission. determine the percentage U.S./Canadian (v) Value added determinations made * * * * * Parts Content for each carline on a by a manufacturer or allied supplier (d) Determination of the total value of model year basis. This determination under this paragraph shall have the an engine/transmission which is shall be made before the beginning of same effect as if they were made by the attributable to individual countries. The each model year. Items of equipment outside supplier; value of an engine/transmission that is produced at the final assembly point (vi) This provision does not affect the attributable to each country is (but not as part of final assembly) are obligation of outside suppliers to determined by adding the total value of treated in the same manner as if they provide the requested information. all of the components installed in that were supplied by an allied supplier. All * * * * * engine/transmission which originated in value otherwise added at the final 5. Section 583.7 would be amended that country. For the country where assembly point and beyond, including by revising paragraph (a) to read as final assembly of the engine/ all final assembly costs, is excluded follows: transmission takes place, the assembly from the calculation of U.S./Canadian and labor costs incurred for such final parts content. The country of origin of § 583.7 Procedure for determining major assembly are also added. nuts, bolts, clips, screws, pins, braces, foreign sources of passenger motor vehicle gasoline, oil, blackout, phosphate rinse, equipment. * * * * * windshield washer fluid, fasteners, tire (a) Each manufacturer, except as 7. Section 583.10 would be amended assembly fluid, rivets, adhesives, specified in § 583.5(f) and (g), shall by revising paragraph (a)(5) to read as grommets, and wheel weights, used in determine the countries, if any, which follows: final assembly of the vehicle, is are major foreign sources of passenger § 583.10 Outside suppliers of passenger considered to be the country where final motor vehicle equipment and the motor vehicle equipment. assembly of the vehicle takes place. percentages attributable to each such (a) * * * * * * * * country for each carline on a model year (5) For equipment which has less than (c) * * * basis, before the beginning of each 70 percent of its value added in the (1) * * * model year. The manufacturer need United States and Canada, (ii) To otherwise have the actual only determine this information for the (i) The country of origin of the percent of its value added in the United two such countries with the highest equipment, determined under States and/or Canada, rounded to the percentages. Items of equipment § 583.7(c); and nearest five percent. produced at the final assembly point (ii) The percent of its value added in * * * * * (but not as part of final assembly) are the United States and Canada, to the (3) * * * treated in the same manner as if they nearest 5 percent, determined under (ii) To otherwise have the actual were supplied by an allied supplier. In § 583.6(c). making determinations under this percent of its value added in the United * * * * * States and/or Canada, rounded to the section, the U.S. and Canada are treated Issued on: January 29, 1999. together as if they were one (non- nearest five percent. L. Robert Shelton, foreign) country. The country of origin * * * * * of nuts, bolts, clips, screws, pins, braces, Associate Administrator for Safety Performance Standards. (6) If a manufacturer or allied supplier gasoline, oil, blackout, phosphate rinse, requests information in a timely manner windshield washer fluid, fasteners, tire [FR Doc. 99–2970 Filed 2–5–99; 8:45 am] from one or more of its outside assembly fluid, rivets, adhesives, BILLING CODE 4910±59±P suppliers concerning the U.S./Canadian grommets, and wheel weights, used in content of particular equipment, but final assembly of the vehicle, is does not receive that information considered to be the country where final DEPARTMENT OF COMMERCE despite a good faith effort to obtain it, assembly of the vehicle takes place. the manufacturer or allied supplier may National Oceanic and Atmospheric make its own good faith value added * * * * * Administration determinations, subject to the following 6. Section 583.8 would be amended provisions: by revising paragraphs (b) and (d) to 50 CFR Part 679 read as follows: (i) The manufacturer or allied [Docket No. 981221311±8311±01; I.D. supplier shall make the same value § 583.8 Procedure for determining country 113098C] added determinations as would be made of origin for engines and transmissions (for by the outside supplier; purposes of determining the information RIN 0648-AL21 (ii) The manufacturer or allied specified by §§ 583.5(a)(4) and 583.5(a)(5) only). Fisheries of the Exclusive Economic supplier shall consider the amount of Zone Off Alaska; Western Alaska value added and the location in which * * * * * Community Development Quota the value was added for all of the stages (b) The value of an engine or Program that the outside supplier would be transmission is determined by first required to consider; adding the prices paid by the AGENCY: National Marine Fisheries (iii) The manufacturer or allied manufacturer of the engine/transmission Service (NMFS), National Oceanic and supplier may determine that particular for each component comprising the Atmospheric Administration (NOAA), value is added in the United States and/ engine/transmission, as delivered to the Commerce. 6026 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

ACTION: Proposed rule; request for current regulations: (1) The fixed gear proposed different observer coverage, comments. halibut and sablefish CDQ fisheries; (2) equipment, and reporting requirements the pollock CDQ fisheries; (3) the for different size and gear type vessels, SUMMARY: NMFS proposes amendments multispecies (MS) groundfish CDQ no distinction was made between the to the regulations governing the Western fisheries; and (4) the crab CDQ fisheries. requirements for vessels of the same size Alaska Community Development Quota NMFS published a final rule fishing in the halibut CDQ fisheries (CDQ) Program. The proposed implementing the administrative and versus fishing in the groundfish CDQ amendments would define how halibut catch monitoring requirements for the fisheries. CDQ fishing would be managed in 1999 MS groundfish CDQ fisheries under Public comment on the proposed rule and thereafter; remove or revise Amendment 39 to the BSAI FMP in the stated that the proposed regulations regulations governing groundfish and Federal Register on June 4, 1998 (63 FR combining vessels and processors halibut CDQ fishing consistent with the 30381). That rule establishes a single participating in the groundfish and combination of the management regimes management program for the fixed gear halibut CDQ fisheries under one set of for the fixed gear halibut and sablefish sablefish CDQ fisheries, the pollock regulations were burdensome for CDQ fisheries, the pollock CDQ CDQ fisheries, and the MS groundfish participants in the halibut CDQ fishery, fisheries, and the multispecies (MS) CDQ starting in 1999. Regulatory did not consider the differences groundfish CDQ fisheries starting in amendments are necessary to remove or between the groundfish fisheries and fishing year 1999; and make revise sections of the regulations that the halibut fisheries, and had miscellaneous technical and editorial govern the separate CDQ fisheries in information collection requirements not revisions. This proposed action is 1998, and to further define how the worth the additional effort and cost to intended to further the objectives of the halibut CDQ fisheries will be managed the CDQ participants or NMFS. Fishery Management Plan for the in 1999 and thereafter. The crab CDQ Specifically, requirements for CDQ Groundfish Fishery of the Bering Sea fisheries will continue to be managed as observers in shoreside processors taking and Aleutian Islands Area (FMP). separate CDQ fisheries by the State of deliveries of halibut CDQ, retention and DATES: Comments must be received at Alaska. delivery of all groundfish CDQ species the following address by March 10, The proposed regulatory amendments by small vessels, CDQ check-in/check- 1999. fall into three categories: (1) Those out reports for all vessels, and weekly governing vessels used to harvest ADDRESSES: Comments should be sent to summaries of the catch by all vessels Sue Salveson, Assistant Regional halibut CDQ and the processors or were not considered necessary for the registered buyers taking deliveries from Administrator, Sustainable Fisheries halibut CDQ fisheries. these vessels; (2) those removing or Due to the large number of persuasive Division, Alaska Region, NMFS, P.O. revising sections of the regulations public comments that halibut CDQ Box 21668, Juneau, AK 99802, Attn: governing the fixed gear sablefish CDQ fisheries are inherently different from Lori Gravel, or delivered to the Federal fishery in 1998; and (3) those executing other CDQ fisheries, NMFS did not Building, 709 West 9th Street, Juneau, other miscellaneous technical or implement many of the MS CDQ AK. Copies of the Environmental editorial revisions to the MS groundfish requirements for the halibut CDQ Assessment/Regulatory Impact Review/ CDQ regulations. fisheries in the final rule. NMFS agreed Initial Regulatory Flexibility Analysis that differences exist between the small (EA/RIR/IRFA) prepared for this action Management of the Halibut CDQ vessel halibut CDQ fisheries and the Fisheries may be obtained from the same address other groundfish CDQ fisheries, or by calling the Alaska Region, NMFS, NMFS established the fixed gear including fixed gear sablefish. In 1997, at 907–586–7228. Send comments on halibut and sablefish CDQ fisheries with 1,884,000 lb (854 mt) of halibut CDQ collection-of-information requirements the fixed gear halibut and sablefish was allocated to six CDQ groups. At to the above address and to the Office Individual Fishing Quota (IFQ) Program. least 75 percent of the 1997 catch was of Information and Regulatory Affairs The IFQ regulations provide for the landed by small boats and skiffs under (OIRA), Office of Management and reporting of halibut and sablefish CDQ 32 ft (9.73 m) length overall (LOA) at Budget (OMB), Washington, DC 20503 caught with fixed gear through the end about 10 small shoreside processors or (Attn: NOAA Desk Officer). of 1998. As the recipients of annual at buying stations in Western Alaska FOR FURTHER INFORMATION CONTACT: allocations, CDQ groups were required villages. These processors did not Sally Bibb, 907–586–7228. to obtain a CDQ permit from NMFS. submit other landing reports to NMFS SUPPLEMENTARY INFORMATION: Each individual who landed fixed gear and were not required to have observer halibut or sablefish CDQ was required to coverage. In contrast, NMFS expects Management Background and Need for have a NMFS-issued CDQ card and to Action that most of the groundfish CDQ will be telephone NMFS to provide 6 hours harvested by catcher/processors or large NMFS manages fishing for groundfish prior notice of landing. Registered catcher vessels delivering to groundfish by U.S. vessels in the exclusive buyers were required to report CDQ shoreside processing plants located in economic zone of the Bering Sea and landings to NMFS using the electronic relatively large ports. Aleutian Islands management area reporting system and transaction Based on the public comment on the (BSAI) according to the FMP. The North terminals. proposed rule, and on recommendations Pacific Fishery Management Council In the proposed rule to implement made by the Council at its October 1998 (Council) prepared the FMP under Amendment 39 to the FMP, NMFS meeting, NMFS is proposing the authority of the Magnuson-Stevens proposed to consolidate all of the CDQ following revisions for management of Fishery Conservation and Management fisheries under one set of monitoring halibut CDQ in 1999 and thereafter: Act (Magnuson-Stevens Act). and catch accounting regulations to A. Remove the definition of ‘‘fixed Regulations governing fishing by U.S. implement the Council’s and NMFS’s gear sablefish and halibut CDQ fishing.’’ vessels and implementing the FMP intent that all catch in the groundfish B. Add a new definition for ‘‘halibut appear at 50 CFR parts 600 and 679. and halibut CDQ fisheries be accounted CDQ fishing’’ to mean fishing that For the 1998 fishing year, four for by CDQ allocations (62 FR 43865, results in the landing of halibut CDQ in separate CDQ fisheries existed under August 15, 1997). Although NMFS a delivery by a catcher vessel or a set by Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6027 a catcher/processor in which the halibut CDQ fishing would not accrue CDQ species that accrue to the MS following conditions are met: against the CDQ groups’ groundfish groundfish CDQs. In addition, catcher (1) Retained halibut CDQ represents CDQs. Accounting for this incidental vessels equal to or greater than 60 ft the largest proportion of the catch by groundfish catch under the MS (18.3 m) LOA would be required to weight, and groundfish CDQs would require that notify NMFS in the CDP whether they (2) The weight of other retained shoreside processors or registered were going to (1) retain and deliver all groundfish does not exceed the buyers taking deliveries of incidentally groundfish CDQ species to a shoreside maximum retainable bycatch amounts caught groundfish with a halibut CDQ processor (Option 1 under for each groundfish species or species delivery, fill out the IFQ/CDQ landings § 679.32(c)(2)(ii)(A)), or (2) discard some group. report (for the halibut CDQ) and a CDQ groundfish CDQ species at sea (Option C. Remove the requirement at delivery report (for the groundfish 2 under § 679.32(c)(2)(ii)(B)), in which § 679.30(a)(5) to list in the Community CDQ). NMFS believes that the cost of case the owner or operator of the catcher Development Plan (CDP), halibut CDQ requiring the submission of CDQ vessel must provide an observer cardholders, vessels less than 60 ft (18.3 delivery reports from deliveries by sampling station that complies with the m) LOA that land groundfish harvested catcher vessels less than 60 ft (18.3 m) requirements of § 679.28(d). Finally, while halibut CDQ fishing, and LOA, to both the industry and NMFS, shoreside processors would be required processors or registered buyers who would exceed the benefits that would be to have deliveries by catcher vessels purchase halibut CDQ or groundfish gained by tracking what is expected to equal to or greater than 60 ft (18.3 m) harvested while halibut CDQ fishing be small amounts of retained LOA monitored by a CDQ observer at from vessels less than 60 ft (18.3 m) groundfish. In addition, allowing this the shoreside processor. LOA. Listing these entities in the CDP incidental catch of groundfish to accrue The proposed rule would revise is not necessary because this against the non-CDQ total allowable § 679.32(a) and (c) to require vessels information is available from the catch (TAC) specifications is not equal to or greater than 60 ft (18.3 m) Restricted Access Management Division. expected to reduce the non-CDQ LOA that are halibut CDQ fishing to D. Revise the prohibition at directed fisheries for the bycatch comply with requirements necessary to § 679.7(d)(11) to clarify that catcher species. account for their bycatch of groundfish vessels less than 60 ft (18.3 m) LOA are F. Shoreside processors taking CDQ. not prohibited from discarding deliveries from catcher vessels less than Management of the Sablefish CDQ groundfish while halibut CDQ fishing, 60 ft (18.3 m) LOA that met the Fisheries in 1999 and Thereafter unless they are required to retain these definition of halibut CDQ fishing would fish under improved retention/ not be required to have a CDQ observer No significant changes are proposed utilization requirements. NMFS notes to monitor those halibut CDQ deliveries. to the regulations for management of the that § 679.7(f)(8), prohibits discarding However, these shoreside processors catch of sablefish CDQ using fixed gear. Pacific cod and rockfish while IFQ would be required to comply with the However, NMFS is proposing to remove halibut or IFQ sablefish are onboard, but general groundfish observer coverage regulations that expired on December does not prohibit this discard when requirements in § 679.50 that apply to 31, 1998, and to add a prohibition CDQ halibut or CDQ sablefish are all shoreside processors with a Federal against discarding sablefish caught with onboard. processor permit. fixed gear (discussed below under E. Maintain a separate paragraph (f) in This action proposes catch accounting Proposed Technical and Editorial § 679.32 for halibut CDQ fishing that regulations for operators of vessels less Revisions). would: than 60 ft (18.3 m) LOA and halibut The following description of the (1) Require that the IFQ regulations CDQ fishing, that are distinct from the management of the sablefish CDQ would continue to govern the catch accounting regulations for the fisheries in 1999 and thereafter is permitting, harvesting and landing of same vessels if they are groundfish CDQ presented for clarification for CDQ halibut CDQ. fishing. Specifically, if these vessel groups, vessel operators, and processors (2) Require vessels harvesting halibut operators are halibut CDQ fishing they who will be making a transition from CDQ while groundfish CDQ fishing, as would not be required to retain all the fixed gear halibut and sablefish CDQ defined at § 679.2, to comply with all groundfish and deliver it to a shoreside fisheries managed under the IFQ requirements for the MS groundfish processor, and their groundfish bycatch regulations in 1998. CDQ fisheries with respect to their catch would not accrue against the groundfish Under the final rule implementing of groundfish CDQ. CDQs. Shoreside processors taking Amendment 39 to the FMP (63 FR (3) Require the shoreside processor to deliveries from these vessels would not 30381, June 4, 1998), all operators of report on the CDQ delivery report and be required to have CDQ observers to vessels harvesting sablefish CDQ and all the CDQ group to report on the CDQ monitor CDQ deliveries. processors taking deliveries of sablefish catch report, all groundfish CDQ Under this proposed rule, the same CDQ after December 31, 1998, are harvested by vessels equal to or greater catch accounting requirements would required to comply with the MS than 60 ft (18.3 m) LOA while halibut apply to operators of catcher vessels groundfish CDQ requirements in CDQ fishing. This groundfish CDQ equal to or greater than 60 ft (18.3 m) § 679.32. Sablefish CDQ will no longer would be subtracted from the CDQ LOA and catcher/processors while be reported under the IFQ program groups’ CDQ amounts for these species. halibut CDQ fishing as would apply to requirements. CDQ groups will no Shoreside processors would be the operators of the same vessels while longer be required to obtain sablefish required to report all groundfish, landed groundfish CDQ fishing. This would CDQ permits, and individuals will no by vessels halibut CDQ fishing, to include the accrual of all groundfish longer be required to obtain sablefish NMFS on logbooks and weekly CDQ catch against the CDQ group’s CDQ cards to harvest sablefish CDQ or production reports. They also would be groundfish CDQ allocations, and the to deliver sablefish CDQ to registered required to report these landings to the requirement to carry CDQ observers buyers. No prior notice of landings, or State of Alaska on fish tickets. However, (one for catcher vessels and two for landings report will be submitted to groundfish retained by catcher vessels catcher/processors) in order to monitor NMFS. There will no longer be a less than 60 ft (18.3 m) LOA that are and verify their catch of groundfish requirement to report sablefish CDQ on 6028 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

Shipment Reports. Vessels harvesting specifications become final will accrue addresses legal gear for halibut, because sablefish CDQ will be required to carry against the sablefish CDQ reserve (non- this prohibition is redundant. CDQ observers if they are catcher/ gear specific reserve). After the BSAI Regulations issued by the International processors or catcher vessels equal to or specifications become final, any catch of Pacific Halibut Commission define legal greater than 60 ft (18.3 m) LOA. sablefish with fixed gear first accrues gear for halibut fishing. Shoreside processors will be required to against the CDQ group’s fixed gear G. Add a prohibition at newly have deliveries from vessels groundfish sablefish reserve. Once the fixed gear redesignated § 679.7(d)(24) against CDQ fishing observed by a CDQ sablefish CDQ reserve has been discarding sablefish CDQ harvested observer. All groundfish CDQ catch, harvested, any catch of sablefish CDQ with fixed gear. This prohibition is including sablefish CDQ, must be with fixed gear will accrue against the required under the FMP for both IFQ reported on the CDQ delivery report and non-gear specific sablefish CDQ reserve. and CDQ sablefish, but had not been CDQ catch report and will accrue Catch of sablefish CDQ with trawl gear previously included in the CDQ against a CDQ group’s allocation. will accrue only to the non-gear specific prohibitions. Estimates based on observer data will be sablefish CDQ reserve. H. Revise § 679.7(f), the prohibitions used to determine the catch of all CDQ for the IFQ fisheries, to clarify which of and prohibited species quota (PSQ) Fishing IFQ and CDQ Together these prohibitions also apply to halibut species (including sablefish CDQ) on all NMFS proposes to revise CDQ. NMFS is proposing to require that catcher/processors and on any catcher § 679.7(d)(15) to remove the prohibition the prohibitions in paragraphs (f)(3), vessel using non-trawl gear and electing against catching IFQ and CDQ species (f)(5), (f)(6), and (f)(10) apply to halibut to discard groundfish CDQ species at together in the same set. NMFS has CDQ as well as to halibut and sablefish sea (see § 679.32(d)(2)(iv)(B), Option 2). revised observer data collection forms IFQ. This proposed rule would revise Two sablefish CDQ reserves currently and procedures to allow the harvest of paragraph (f)(3) to clarify that sablefish exist. The ‘‘fixed gear sablefish CDQ IFQ and CDQ together in the same set. CDQ may be retained without an IFQ or reserve’’, established in 1995 under Therefore, this prohibition is no longer CDQ permit or card by vessels fishing Amendment 15 to the FMP, consists of necessary. This proposed rule would for a CDQ group with available sablefish 20 percent of the fixed gear allocation of require that IFQ species and halibut CDQ. the sablefish TAC (see CDQ be reported to NMFS under the I. Correct a cross reference error in § 679.20(b)(1)(iii)(B)) and may be IFQ regulations, as discussed in a § 679.21(e)(2)(ii). harvested only with fixed gear. With previous section. J. Correct a paragraph numbering error implementation of the MS groundfish in § 679.23(e)(3). The final rule CDQ reserves in 1998, 7.5 percent of the Other Proposed Technical and Editorial published on June 4, 1998 (63 FR trawl allocation of the sablefish TAC Revisions 30381), added paragraph (e)(3)(iv); also was allocated to the CDQ program In addition to the regulatory however, there is no paragraph as the ‘‘sablefish CDQ reserve’’; amendments discussed in the (e)(3)(iii), so the paragraph (e)(3)(iv) however, no gear restriction was preceeding text, the proposed rule would be redesignated as paragraph implemented for this CDQ reserve. would also: (e)(3)(iii). In addition, a portion of the Therefore, while only fixed gear may be A. Correct a cross reference error in last sentence of this paragraph that used to harvest the fixed gear sablefish the definition of ‘‘Prohibited species addressed the season starting date for CDQ reserve, any legal gear may be used quota PSQ’’. the 1998 MS groundfish fisheries would to harvest the sablefish CDQ reserve. B. Remove the reference in be removed. Current regulations at § 679.23(e)(3) § 679.7(d)(4) to ‘‘halibut CDQ’’ so that K. Correct an error in specify that fishing for halibut and vessels less than 60 ft (18.3 m) LOA § 679.30(a)(5)(i)(A)(2)(ii) by removing sablefish CDQ with fixed gear may harvesting only halibut CDQ are not pots as a gear that is included under occur only during the IFQ fishing required to be listed in the CDP. ‘‘hook-and-line’’ gear. season, which in 1998, was between C. Clarify that the prohibition at L. Remove § 679.31(d)(3) that March 15 and November 15. This § 679.7(d)(11) against discarding referenced the 1998 crab CDQ reserve requirement was implemented under groundfish CDQ species applies only to allocation that states ‘‘(3) For calendar the fixed gear halibut and sablefish IFQ vessels groundfish CDQ fishing and not year 1998 (applicable through December and CDQ programs, and no changes to to vessels halibut CDQ fishing. 31, 1998), 3.5 percent’’. these seasons were implemented under D. Consolidate the prohibitions at M. Remove § 679.31(f) that provided the MS groundfish CDQ program or are § 679.7(d)(19) and (d)(20) addressing the authority to reallocate CDQ and PSQ proposed to be implemented in this requirements for catcher/processors in 1998. This paragraph expired on proposed rule. using trawl gear and motherships to December 31, 1998. Between January 1 and the start of the weigh total catch and to conduct daily N. In § 679.32, remove paragraphs IFQ fishing season, and between the end tests of the scale used to weigh catch at (a)(2) and (a)(3) which expired on of the IFQ fishing season and December sea. December 31, 1998. 31, sablefish CDQ may be retained, but E. Remove the prohibition at the retained catch weight of sablefish § 679.7(d)(22), which addresses the use Classification CDQ must not exceed the maximum of certified bins in the pollock CDQ This proposed rule contains retainable bycatch amounts specified fisheries. This prohibition is not collection-of-information requirements under § 679.20(d)(1)(iii). In addition, necessary in 1999 and thereafter subject to the Paperwork Reduction Act under current regulations governing the because all catcher/processors and (PRA). OMB approved the proposed annual establishment of groundfish motherships harvesting pollock CDQ collection of information about halibut specifications, no sablefish is allocated will be required to weigh all CDQ catch CDQ (50 CFR 679.32(e)) under OMB to the fixed gear sablefish CDQ reserve on a scale. Volumetric estimates made control number 0648–0272 (the halibut until the BSAI specifications are final. by observers using certified bins will no and sablefish IFQ program). Therefore, under current regulations, longer be allowed. OMB has approved the collection of any sablefish harvested with fixed gear F. Remove the prohibition in information associated with the prior to the date the BSAI groundfish paragraph § 679.7(d)(26), which Community Development Plans (50 CFR Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6029

§ 679.30) under OMB control numbers maintain the data needed, and complete that increase total costs of production by 0648–0269. This proposed rule would and review the collection of more than 5 percent; compliance costs reduce some of the approved information. as a percent of sales that are 10 or more requirements for vessels less than 60 ft Public comment is sought regarding percent higher for small entities than LOA while halibut CDQ fishing and for whether the proposed collection of compliance costs for large entities; shoreside processors taking deliveries information is necessary for the proper capital costs of compliance that from these vessels. performance of the function of the represent a significant portion of capital Additions to the collection of agency, including whether the available to small entities, considering information approved under OMB information has practical utility; the internal cash flow and external control number 0648–0269 (the CDQ accuracy of the burden estimate; ways to financing capabilities; or is likely to program) that would be made by this enhance the quality, utility, and clarity result in 2 or more percent of the small rulemaking have been submitted to of the information to be collected; and entities affected being forced to cease OMB for review and approval. No new ways to minimize the burden of the business operations. forms are proposed with this collection of information, including the NMFS believes that the proposed rulemaking. use of automated collection techniques action will not reach these thresholds. This proposed rule would require or other forms of information However, the agency does not currently vessels equal to or greater than 60 ft technology. have sufficient information about the (18.3 m) LOA to comply with the Send comments regarding the burden operating and production costs of the reporting requirements for the estimates or any other aspect of this potentially affected small entities. groundfish CDQ program while they are collection of information, including Therefore, NMFS determines that the halibut CDQ fishing. The only new suggestions for reducing the burden, to preferred alternative may have a information collection that would apply NMFS and to OIRA, OMB (see significant impact on a substantial to the owners or operators of the catcher ADDRESSES). number of small entities and has vessels would be the requirement to This proposed rule has been provided the requisite analytical provide an observer sampling station if determined to be not significant for information required for an IRFA. they elected in their CDP to discard purposes of E.O. 12866. NMFS considered the alternative of groundfish CDQ species at sea. NMFS prepared an IRFA that allowing current regulations to expire Shoreside processors taking deliveries describes the impact this proposed rule, on December 31, 1998, which would of groundfish CDQ from catcher vessels if adopted, would have on small result in no regulations governing the equal to or greater than 60 ft (18.3 m) entities. A copy of this analysis is permitting, catching, recordkeeping, LOA that had been halibut CDQ fishing available from NMFS (see ADDRESSES). reporting, and monitoring of halibut would be required to notify the CDQ The preamble to this proposed rule CDQ catch. While this alternative may observer in the plant prior to delivery of supplements that IRFA. The analysis appear to minimize the economic CDQ groundfish, to print and retain the made the following conclusions with impact of the proposed rule on small scale print-outs, and to report all respect to impacts on small entities. entities, it is not consistent with groundfish CDQ in a CDQ delivery All of the participants in the halibut NMFS’s fisheries management report. The CDQ group would be CDQ fisheries are small entities, objectives and obligations under the required to report any groundfish CDQ including the approximately 250 fishing Magnuson-Stevens Act and the North caught by vessels equal to or greater vessel owners or operators who harvest Pacific Halibut Act. Furthermore, it than 60 ft (18.3 m) LOA on a CDQ catch halibut CDQ, the approximately 20 would not be supported by the fishing report. registered buyers who purchase halibut industry, the CDQ groups, the State of Notwithstanding any other provision CDQ, the six CDQ groups who are Alaska, or the International Pacific of law, no person is required to respond allocated halibut CDQ, and the 56 Halibut Commission, all of whom have to nor shall a person be subject to a western Alaska communities that are an interest in the collection of catch penalty for failure to comply with a eligible for the CDQ program. All of data to manage the halibut CDQ collection of information subject to the these small entities incur some fisheries. requirements of the PRA unless that economic impact due to an increase in The proposed rule would satisfy collection of information displays a annual compliance costs as a result of NMFS’s fisheries management currently valid OMB control number. recordkeeping and reporting obligations in a manner consistent with The estimated time for the owner of requirements. For example, this the RFA by removing some a catcher vessel to submit a request for proposed rule would require the CDQ requirements and compliance costs for an observer sampling station inspection groups to incur costs associated with small entities. Specifically, it would and to maintain a copy of the observer obtaining CDQ permits and submitting remove the requirement that the CDQ sampling station inspection report on the CDQ catch reports. It would also groups (1) list vessels less than 60 ft the vessel is 2 hours; the estimated time require vessel operators and registered (18.3 m) LOA that conduct halibut CDQ for the shoreside processor to print and buyers to incur costs associated with fishing only, and the processors taking retain the scale print-out is 15 minutes; CDQ landings reports as well as the deliveries of CDQ only from these the estimated time for the shoreside requirement that owners or operators of vessels in their CDPs, and (2) submit processor to notify the CDQ observer vessel equal to or greater than 60 ft (18.3 technical amendments to their CDPs to prior to the delivery of CDQ catch is 2 m) LOA incur costs associated with the add or remove these vessels and minutes; the estimated time for a requirement to carry a CDQ observer. processors. It would also remove the shoreside processor to complete the NMFS has determined that a requirement for observers in shoreside CDQ delivery report is one hour; and regulation has a significant economic processing plants that take deliveries the estimated time for the CDQ group to impact for the purposes of the from vessels less than 60 feet (18.3 m) complete the CDQ catch report is 15 Regulatory Flexibility Act (RFA) if it is LOA who have been halibut CDQ minutes. likely to result in more than a 5–percent fishing. The estimated response times include decrease in annual gross revenues; The President has directed Federal the time needed to review instructions, annual compliance costs (e.g., agencies to use plain language in their search existing data sources, gather and annualized capital, operating, reporting) communications with the public, 6030 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules including regulations. To comply with (4) Harvest groundfish CDQ on behalf (5) Possess, buy, sell, or transport IFQ that directive, we seek public comment of a CDQ group with a vessel that is not or CDQ halibut or IFQ sablefish on any ambiguity or unnecessary listed as an eligible vessel on an harvested or landed in violation of any complexity arising from the language approved CDP for that CDQ group. provision of this part. used in this proposed rule. * * * * * (6) Make a IFQ halibut, IFQ sablefish, or CDQ halibut landing without an IFQ List of Subjects in 50 CFR Part 679 (11) For the operator of a catcher vessel using trawl gear or any vessel less or CDQ card in the name of the Alaska, Fisheries, Recordkeeping and than 60 ft (18.3 m) LOA that is individual making the landing. reporting requirements. groundfish CDQ fishing as defined at * * * * * Dated: February 1, 1999. § 679.2, discard any groundfish CDQ (10) Make an IFQ halibut, IFQ Andrew A. Rosenberg, species or salmon PSQ before it is sablefish, or CDQ halibut landing other Deputy Assistant Administrator for Fisheries, delivered to an eligible processor listed than directly to (or by) a registered National Marine Fisheries Service. on an approved CDP. buyer. For the reasons set out in the * * * * * * * * * * preamble, 50 CFR part 679 is proposed (15) For the operator of a catcher/ 4. In § 679.21, paragraph (e)(2)(ii) is to be amended as follows: processor or a catcher vessel required to revised to read as follows. carry a CDQ observer, combine catch PART 679ÐFISHERIES OF THE § 679.21 Prohibited species bycatch from two or more CDQ groups in the management. EXCLUSIVE ECONOMIC ZONE OFF same haul or set. ALASKA * * * * * * * * * * (e) * * * 1. The authority citation for part 679 (19) For the operator of a catcher/ (2) * * * continues to read as follows: processor using trawl gear or a (ii) The amount of 7.5 percent of the mothership, sort, process, or discard non-trawl gear halibut PSC limit set Authority: 16 U.S.C. 773 et seq., 1801 et CDQ or PSQ species before the total seq. and 3631 et seq. forth in paragraph (e)(2)(i) of this catch is weighed on a scale that meets section is allocated to the groundfish 2. In § 679.2, the definition for ‘‘Fixed the requirements of § 679.28(b), CDQ program as PSQ reserve. The PSQ gear sablefish and halibut CDQ fishing including the daily test requirements reserve is not apportioned by gear or (applicable through December 31, described at § 679.28(b)(3). fishery. 1998)’’ is removed; the definition for (20) For the manager of a shoreside ‘‘Prohibited species quota (PSQ)’’ is processor or the manager or operator of * * * * * 5. In § 679.23, paragraph (e)(4)(iii) is revised; and the definition for ‘‘Halibut a buying station that is required removed; and paragraph (e)(4)(iv) is CDQ fishing’’ is added in alphabetical elsewhere in this part to weigh catch on revised to read as follows: order to read as follows: a scale approved by the State of Alaska under § 679.28(b), fail to weigh catch on § 679.23 Seasons. § 679.2 Definitions. a scale that meets the requirements of * * * * * * * * * * § 679.28(b). (e) * * * * * Halibut CDQ fishing means fishing (21) For a CDQ representative, use (4) * * * that results in a delivery by a catcher methods other than those approved in (iii) Groundfish CDQ. Fishing for vessel or a set by a catcher/processor in the CDP to determine the catch of CDQ groundfish CDQ species, other than which the following conditions are met: and PSQ reported to NMFS on the CDQ fixed gear sablefish CDQ under subpart (1) Retained halibut CDQ represents catch report. C of this part, is authorized from 0001 the largest proportion of the retained (22) For the operator of a vessel using hours, A.l.t., January 1, through the end catch in round weight equivalent, and trawl gear, harvest pollock CDQ in 1998 of each fishing year, except as provided (2) The round weight equivalent of with trawl gear other than pelagic trawl in paragraph (c) of this section. other retained groundfish does not gear. exceed the maximum retainable bycatch (23) For a CDQ group, report catch of * * * * * 6. In § 679.30, paragraph (a)(5)(i)(C) is amounts for these species or species sablefish CDQ for accrual against the removed, paragraphs (a)(5) introductory groups as established in § 679.20(e) and fixed gear sablefish CDQ reserve if that text, paragraphs (a)(5)(i)(A)(1), (f). sablefish CDQ was caught with fishing (a)(5)(i)(A)(2)(ii), (a)(5)(i)(B) are revised gear other than fixed gear. * * * * * to read as follows: Prohibited species quota (PSQ) means (24) For any person on a vessel using the amount of a prohibited species catch fixed gear that is fishing for a CDQ § 679.30 General CDQ regulations. limit established under § 679.21(e)(1) group with an allocation of fixed gear (a) * * * and (e)(2) that is allocated to the sablefish CDQ, discard sablefish (5) Fishing plan for groundfish and groundfish CDQ program under harvested with fixed gear. halibut CDQ fisheries. The following § 679.21(e)(1)(i) and (e)(2)(ii). * * * * * information must be provided for all * * * * * (f) * * * vessels that will be groundfish CDQ 3. In § 679.7, paragraphs (d)(4), (3)(i) Halibut. Retain halibut caught fishing, all vessels equal to or greater (d)(11), (d)(15), (d)(19) through (d)(24), with fixed gear without a valid IFQ or than 60 ft (18.3 m) LOA that will be and paragraphs (f)(3), (f)(5), (f)(6), and CDQ permit and without an IFQ or CDQ halibut CDQ fishing, and for all (f)(10) are revised; paragraphs (d)(25) card in the name of an individual shoreside processors that will take and (d)(26) are removed; paragraphs aboard. delivery of any groundfish CDQ species (d)(27) and (d)(28) are redesignated as (ii) Sablefish. Retain sablefish caught from vessels that will be groundfish (d)(25) and (d)(26) respectively. with fixed gear without a valid IFQ CDQ fishing or vessels equal to or permit and without an IFQ card in the greater than 60 ft (18.3 m) LOA that will § 679.7 Prohibitions. name of an individual aboard, except as be halibut CDQ fishing. * * * * * provided under an approved CDP. (i) List of eligible vessels and (d) * * * * * * * * processors—(A) Vessels— (1) Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6031

Information required for all vessels. A requirements of this section while (iv) Landings. A person may land list of the name, Federal fisheries permit harvesting or processing CDQ species. halibut CDQ only if he or she has a valid number (if applicable), ADF&G vessel * * * * * halibut CDQ card, and that person may number, LOA, gear type, and vessel type (c) Requirements for vessels and deliver halibut CDQ only to a person (catcher vessel, catcher/processor, or processors. In addition to complying with a valid registered buyer permit. mothership). For each vessel, report with the minimum observer coverage The person holding the halibut CDQ only the gear types and vessel types that requirements at § 679.50(c)(4), vessel card and the registered buyer must will be used while CDQ fishing. Any operators and shoreside processors comply with the requirements of CDQ vessel that is exempt from the meeting the requirements of paragraph § 679.5(l)(1) and (l)(2). moratorium under § 679.4(c)(3)(v) must (a) of this section must comply with the (v) The CDQ group, vessel owner or be identified as such. following requirements: operator, and registered buyer must comply with all of the IFQ prohibitions (2) * * * * * * * * (ii) Average and maximum number of at § 679.7(f). (3) * * * hauls or sets that will be retrieved on (3) Accounting for catch of groundfish (i) Prior notice to observer of any given fishing day while groundfish CDQ while halibut CDQ fishing. The offloading schedule. Notify the CDQ CDQ fishing. shoreside processor must report on a observer of the offloading schedule of CDQ delivery report described at * * * * * each CDQ delivery at least 1 hour prior (B) Shoreside processors. A list of the § 679.5(n)(1), all groundfish CDQ landed to offloading to provide the CDQ from vessels equal to or greater than 60 name, Federal processor permit number, observer an opportunity to monitor the and location of each shoreside processor ft (18.3 m) LOA while halibut CDQ sorting and weighing of the entire fishing. The CDQ group must report on that is required to have a Federal delivery. processor permit under § 679.4(f) and a CDQ catch report described at * * * * * will take deliveries of, or process, § 679.5(n)(2), all groundfish CDQ landed groundfish CDQ catch from any vessel (v) CDQ delivery report. Submit a from vessels equal to or greater than 60 groundfish CDQ fishing or from vessels CDQ delivery report described at ft (18.3 m) LOA while halibut CDQ equal to or greater than 60 ft (18.3 m) § 679.5(n)(1) for each delivery of fishing. This groundfish CDQ will LOA that are halibut CDQ fishing. groundfish CDQ. accrue to the CDQ group’s groundfish CDQ allocations. The shoreside * * * * * * * * * * (f) Halibut CDQ—(1) Applicability. processor is not required to report on 7. In § 679.31, paragraphs (d)(1) and the CDQ delivery report and the CDQ (d)(2) are revised; paragraphs (d)(3) and The CDQ group, the operator of a vessel harvesting halibut CDQ, the shoreside group is not required to report on the (f) are removed, and paragraph (g) is CDQ catch report, groundfish caught by redesignated as paragraph (f) as follows: processor, and the registered buyer must comply with the requirements of this vessels less than 60 ft (18.3 m) LOA § 679.31 CDQ reserves. paragraph for halibut CDQ. while halibut CDQ fishing, and this * * * * * (2) Accounting for halibut CDQ catch. catch will not accrue against the CDQ (d) * * * The CDQ group, vessel owner, group’s groundfish CDQ allocations. (4) Groundfish CDQ retention (1) For calendar year 2000, and registered buyer, and shoreside requirements. Operators of vessels less thereafter, 7.5 percent; and processor must comply with the than 60 ft (18.3 m) LOA are not required (2) For calendar year 1999 (applicable following requirements for the catch of to retain and deliver groundfish CDQ through December 31, 1999), 5 percent. halibut CDQ. (i) Permits. The CDQ group must species while halibut CDQ fishing. * * * * * Operators of vessels equal to or greater 8. In § 679.32, paragraphs (a), (c) obtain a halibut CDQ permit issued by the Regional Administrator. The vessel than 60 ft (18.3 m) LOA are required to introductory text, (c)(3)(i), (c)(3)(v), and comply with all groundfish CDQ and (f) are revised to read as follows: operator must have a copy of the halibut CDQ permit on any fishing vessel PSQ catch accounting requirements in § 679.32 Groundfish and halibut CDQ operated by, or for, a CDQ group that paragraphs (b) through (d) of this catch monitoring. will have halibut CDQ onboard and section, including the retention of all (a) Applicability. The CDQ group, the must make the permit available for groundfish CDQ, if option 1 under operator or manager of a buying station, inspection by an authorized officer. The § 679.32(c)(2)(ii) is selected in the CDP. (5) Observer coverage requirements. the operator of a vessel groundfish CDQ halibut CDQ permit is non-transferable The owner or operator of a vessel equal fishing as defined at § 679.2, the and is issued annually until revoked, to or greater than 60 ft (18.3 m) LOA operator of a vessels equal to or greater suspended, or modified. halibut CDQ fishing as defined at than 60 ft (18.3 m) LOA halibut CDQ (ii) CDQ cards. A person must have a § 679.2 or shoreside processors taking fishing as defined at § 679.2, and the valid halibut CDQ card issued by the deliveries from vessels equal to or manager of a shoreside processor taking Regional Administrator before landing greater than 60 ft (18.3 m) LOA that are deliveries of groundfish CDQ from these any halibut CDQ. Each halibut CDQ halibut CDQ fishing must comply with vessels must comply with the card will identify a CDQ permit number observer coverage requirements at requirements of paragraphs (b) through and the person authorized by the CDQ § 679.50(c)(4) and (d)(4). (d) of this section for all groundfish group to land halibut for debit against 9. In § 679.50, paragraphs (c)(4) and CDQ and PSQ, The CDQ group, the the CDQ group’s halibut CDQ. (d)(4) are revised to read as follows operator of a vessel harvesting halibut (iii) Alteration. No person may alter, CDQ, the shoreside processor, and the erase, mutilate, or forge a halibut CDQ § 679.50 Groundfish Observer Program registered buyer must comply with the permit, landing card, registered buyer applicable through December 31, 2000. requirements of paragraph (f). In permit, or any valid and current permit * * * * * addition, the CDQ group is responsible or document issued under this part. Any (c) * * * for ensuring that vessels and processors such permit, card, or document that has (4) Groundfish and halibut CDQ listed as eligible on the CDQ group’s been intentionally altered, erased, fisheries. The owner or operator of a approved CDP comply with all mutilated, or forged is invalid. vessel groundfish CDQ fishing or 6032 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules halibut CDQ fishing as defined at required to sample no more than 9 observer as described at paragraph § 679.2 must comply with the following hours in each 24–hour period. (h)(1)(i)(E) of this section present at all minimum observer coverage * * * * * times while CDQ is being received or requirements each day that the vessel is (d) * * * processed. The time required for the used to harvest, transport, process, (4) Groundfish and halibut CDQ CDQ observer to complete sampling, deliver, or take deliveries of CDQ or fisheries. Each shoreside processor data recording, and data communication PSQ species. The time required for the required to have a Federal processor duties shall not exceed 12 hours in each CDQ observer to complete sampling, permit under § 679.4(f) and taking 24–hour period, and the CDQ observer data recording, and data communication deliveries of CDQ or PSQ from all is required to sample no more than 9 duties shall not exceed 12 hours in each vessels groundfish CDQ fishing as hours in each 24–hour period. defined at § 679.2 or taking deliveries 24–hour period and the CDQ observer is from vessels equal to or greater than 60 * * * * * ft (18.3 m) LOA that are halibut CDQ [FR Doc. 99–2796 Filed 2–5–99; 8:45 am] fishing must have at least one lead CDQ BILLING CODE 3510±22±F 6033

Notices Federal Register Vol. 64, No. 25

Monday, February 8, 1999

This section of the FEDERAL REGISTER use pesticide applications for a period apply restricted use pesticides. It is contains documents other than rules or of two years. The regulations also estimated that on an average certified proposed rules that are applicable to the provide for access to pesticide records private applicators have a total annual public. Notices of hearings and investigations, or record information by Federal or burden of .35 hours per record keeper. committee meetings, agency decisions and State officials, or by licensed health care Of the 705,192 certified private rulings, delegations of authority, filing of petitions and applications and agency professionals when needed to treat an applicators, approximately 4,800 are statements of organization and functions are individual who may have been exposed selected annually for recordkeeping examples of documents appearing in this to restricted use pesticides, and inspections. It is estimated that a private section. penalties for enforcement of the applicator that is subject to a pesticide recordkeeping and access provisions. record inspection has an annual burden The Food, Agriculture, Conservation, of .85 hours, which contributes to a total DEPARTMENT OF AGRICULTURE and Trade Act of 1990, (Pub. L. 101– annual burden of 4,080 hours. 624; 7 U.S.C. 136i–1), referred to as the (b) There are approximately 308,583 Agricultural Marketing Service FACT Act, directs and authorizes the certified commercial applicators [S&T 99002] Department to develop regulations nationally who are required to provide which establish requirements for copies of restricted use pesticide Notice of Request for Extension and recordkeeping by all certified application records to their clients. It is Revision of a Currently Approved applicators of federally restricted use estimated that certified commercial Information Collection pesticides. A certified applicator is an applicators have a total annual burden individual who is certified by the of 1,520,697 hours. AGENCY: Agricultural Marketing Service, Environmental Protection Agency (EPA) (c) It is estimated that State agency USDA. or a State under cooperative agreement personnel who work through ACTION: Notice and request for with EPA to use or supervise the use of cooperative agreements with AMS, to comments. restricted use pesticides. inspect certified private applicator’s Section 1491 of the FACT Act directs records have a total annual burden of SUMMARY: In accordance with the and authorizes the Secretary of 11,020 hours. Paperwork Reduction Act of 1995 (44 Agriculture to ensure compliance with Respondents: Certified private and U.S.C. Chapter 35), this notice regulations as the Secretary may commercial applicators, State announces the Agricultural Marketing prescribe, including levying penalties, governments or employees, and Federal Service’s (AMS) intention to request an for failure to comply with such agencies or employees. extension for and revision to a currently regulations. Estimated Number of Respondents: approved information collection for Because this is a regulatory program 1,018,651—The total number of Recordkeeping Requirements for with enforcement responsibility, USDA respondents includes approximately Certified Applicators of Federally must ensure that certified applicators 308,583 certified commercial Restricted Use Pesticides (7 CFR Part are maintaining restricted use pesticide applicators, 705,192 certified private 110). application records for the two year applicators (recordkeepers) and DATES: Comments on this notice must be period required by the FACT Act. To accomplish this, USDA must collect designated state agency personnel received by April 9, 1999, to be assured utilized to inspect certified private of consideration. information through personal inspections of certified applicator’s applicator’s records. ADDITIONAL INFORMATION OR COMMENTS: restricted use pesticide application Estimated Number of Responses per Contact Bonnie Poli, Chief, Pesticide records. Respondent: The estimated number of Records Branch, Science and The information collected is used responses per respondent is as follows: Technology, AMS, 8700 Centreville only by authorized representatives of (a) It is estimated that certified private Road, Suite 202, Manassas, VA 20110, the USDA (AMS, Science and applicators (recordkeepers), record on Telephone (703) 330–7826; Fax (703) Technology national staff, other an average 5 restricted use pesticide 330–6110. designated Federal employees, and application records annually. SUPPLEMENTARY INFORMATION: designated State supervisors and their (b) It is estimated that certified Title: Recordkeeping Requirements staffs), which are designated access to commercial applicators provide 616 for Certified Applicators of Federally the record information through section copies of restricted use pesticide records Restricted Use Pesticides. 1491, subsection (b) of the FACT Act. to their clients annually. OMB Number: 0581–0164. The information is used to administer (c) State agency personnel, who work Expiration Date of Approval: the Federal Pesticide Recordkeeping under cooperative agreements with September 30, 1999. Program. The Agency is the primary AMS to conduct restricted use pesticide Type of Request: Extension and user of the information, and the record inspections have approximately revision of a currently approved secondary user is each designated State 4,951 responses annually. information collection. agency which has a cooperative Estimated Total Annual Burden on Abstract: The regulations, agreement with AMS. Respondents: 1,782,614 hours. ‘‘Recordkeeping Requirements for Estimate of Burden: Public reporting Comments are invited on: (1) whether Certified Applicators of Federally burden for this collection of information the proposed collection of information Restricted Use Pesticides,’’ require is estimated as follows: is necessary for the proper performance certified pesticide applicators to (a) Approximately 705,192 certified of the functions of the agency, including maintain records of federally restricted private applicators (recordkeepers) whether the information will have 6034 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices practical utility; (2) the accuracy of the except holidays. Persons wishing to of 1969, as amended (NEPA) (42 U.S.C. agency’s estimate of the burden of the inspect those documents are requested 4321 et seq.), (2) regulations of the proposed collection of information, to call ahead on (202) 690–2817 to Council on Environmental Quality for including the validity of the facilitate entry into the reading room. To implementing the procedural provisions methodology and assumptions used; (3) request copies of the environmental of NEPA (40 CFR parts 1500–1508), (3) ways to enhance the quality, utility, and assessment or the strategy, write to the USDA regulations implementing NEPA clarity of the information to be person listed under FOR FURTHER (7 CFR part 1b), and (4) APHIS’ NEPA collected; and (4) ways to minimize the INFORMATION CONTACT. Please refer to the Implementing Procedures (7 CFR part burden of the collection of information title of the environmental assessment or 372). on those who are to respond, including strategy when requesting copies. Done in Washington, DC, this 2nd day of through the use of appropriate FOR FURTHER INFORMATION CONTACT: Mr. February 1999. automated, electronic, mechanical, or Michael B. Stefan, Operations Officer, Joan M. Arnoldi, other technological collection Domestic and Emergency Operations, Acting Administrator, Animal and Plant techniques, or other forms of PPQ, APHIS, 4700 River Road Unit 134, Health Inspection Service. information technology. Comments may Riverdale, MD 20737–1236; (301) 734– [FR Doc. 99–2939 Filed 2–5–99; 8:45 am] be sent to Bonnie Poli, Chief, Pesticide 8247. BILLING CODE 3410±34±P Records Branch, Science and SUPPLEMENTARY INFORMATION: The Technology, AMS, 8700 Centreville Mediterranean fruit fly, Ceratitis Road, Suite 202, Manassas, VA 20110. capitata (Wiedemann), (Medfly) is one DEPARTMENT OF AGRICULTURE All comments received will be available of the world’s most destructive pests of for public inspection during regular fruit and vegetables. The Medfly has Forest Service business hours at the same address. been introduced into Florida a total of All responses to this notice will be 13 times, including its first introduction Threatened and Endangered Species summarized and included in the request in 1929. Because of the Medfly’s Management on the Allegheny National for OMB approval. All comments will potential for rapid range expansion, Forest, Warren, McKean, Elk and become a matter of public record. Medfly outbreaks in Florida represent Forest Counties, Pennsylvania Dated: February 2, 1999. major threats to agriculture, the AGENCY: Forest Service, USDA. William J. Franks, Jr., environment, and the quality of life in ACTION: Notice of intent to prepare an Deputy Administrator, Science and Florida and other U.S. mainland States. environmental impact statement. Technology. The Animal and Plant Health Inspection [FR Doc. 99–2947 Filed 2–5–99; 8:45 am] Service (APHIS) of the United States SUMMARY: The Forest Service will BILLING CODE 3410±02±P Department of Agriculture cooperates prepare a Draft and a Final with the Florida State Department of Environmental Impact Statement to Agriculture to eradicate Medfly and to disclose the environmental DEPARTMENT OF AGRICULTURE prevent future infestations. All Medfly consequences of amending the Forest outbreaks in Florida have been Plan to include various strategies for Animal and Plant Health Inspection successfully eradicated using a managing federally listed threatened Service combination of nonchemical and and endangered species on the [Docket No. 98±118±1] chemical control methods. Allegheny National Forest. Species to be Consistent with our continued goal of considered include the Indiana bat Availability of an Environmental preventing and eradicating Medfly (Myotis sodalis), the clubshell mussel Assessment and Strategy: Risk infestations, we are committed to (Pleurobema clava) and the northern Reduction in the Florida Medfly reexamining the Florida Medfly riffleshell mussel (Epioblasma torulosa Eradication Program program for the purpose of achieving rangiana), which are federally listed as maximum risk reduction, including endangered, and the small whorled AGENCY: Animal and Plant Health minimizing risks to the environment pogonia (Isotria medeoloides) and the Inspection Service, USDA. and human health. As part of that bald eagle (Haliaeetus leucocephalus) ACTION: Notice. commitment, we have prepared which are federally listed as threatened. environmental analyses and risk The proposed action is to amend and SUMMARY: We are advising the public assessments, held a number of public supplement the standards and guides in that a final environmental assessment meetings, and analyzed comments from the Allegheny Land and Resource has been prepared by the Animal and the public regarding the Florida Medfly Management Plan (Forest Plan). Plant Health Inspection Service (APHIS) program in order to establish a final The purpose and need for this to explore risk reduction strategies Florida Medfly program risk reduction proposal is to maintain and enhance relative to Medfly program activities in strategy. This notice announces the habitat to ensure the continued the State of Florida. Additionally, availability of two documents that existence of the aforementioned APHIS has prepared a strategy regarding identify various means to potentially threatened and endangered species in risk reduction in the Florida Medfly reduce risk in the Florida Medfly light of new information recently eradication program. This notice program: acquired. There is a need to adjust some announces the availability of both • Risk Reduction Strategy, Florida of the existing standards and guides and documents for public inspection. Medfly Program, Environmental provide some additional direction in the ADDRESSES: The environmental Assessment, June 1998. Forest Plan to ensure their conservation. assessment and the strategy are • Strategy: Risk Reduction in Florida Based on a review of the regulations (36 available for public inspection at USDA, Medfly Eradication Programs, January CFR 219.10f) and of the Forest Service room 1141, South Building, 14th Street 1999. Manual and Handbook direction (FSM and Independence Avenue SW., The environmental assessment has 1922.51 and FSH Chapter 5.32) the Washington, DC, between 8 a.m. and been prepared in accordance with: (1) proposed action is a non-significant 4:30 p.m., Monday through Friday, The National Environmental Policy Act amendment to the Forest Plan. The Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6035 proposed action does not significantly Allegheny National Forest, P. O. Box knowledge of these species’ habitat alter the long term goals and objectives 847, Warren PA 16365. requirements, prompts us to update the nor management area designations of FOR FURTHER INFORMATION, CONTACT: potential effects of continued the current plan. The decision to amend Brad Nelson, Allegheny National Forest implementation of the existing Forest the plan will extend until the Forest at 814/723–5150. Plan, as amended, on these five Federally listed species. Plan is revised, which is planned for the SUPPLEMENTARY INFORMATION: year 2001. Allegheny National Forest personnel The Allegheny National Forest Land Forest Plan Background completed a biological assessment for the five species and transmitted it to the and Resource Management Plan, at the The Allegheny National Forest Land Fish and Wildlife Service on December time it was completed in 1986, and Resource Management Plan (Forest 17, 1998. The Biological Assessment considered pertinent threatened and Plan), approved in 1986, provides for includes proposed terms and endangered species and appropriate the management of forest resources. The conditions, and any modifications mitigation measures. This amendment Forest Plan was developed to maintain issued by the Fish and Wildlife Service will consider the new information or enhance the species composition, in the bioligical opinion, would provide which has come out since 1986. Forest structure, and functioning of Allegheny the basis for the Forest Plan Plan direction will be amended, where plateau ecosystems on the Allegheny amendment. These terms and necessary, to ensure standards and National Forest, while providing a guidelines incorporate currently conditions consititute the proposed variety of goods and services to the action. available knowledge concerning these American people. species. Analysis documented in the Final Proposed Action: Measures to Minimize Any modification required will be Environmental Impact Statement Potential Adverse Effects to Threatened based on the range of site-specific evaluated potential effects on threatened And Endangered Species conditions that exist on the Allegheny and endangered species inhabiting the Indiana Bat National Forest and will be designed to Allegheny National Forest and mitigate impacts from the ongoing and determined actions Allegheny National Current Forest Plan standards and future projects and to enhance the Forest personnel should implement guidelines provide protection to Indiana recovery of the threatened and which would contribute toward their bat habitat and populations. The endangered Species. recovery. following measures are proposed to As an initial step in completing this As part of the planning process, strengthen the Allegheny National Forest’s ability to protect and manage new Draft and Final Environmental Federal agencies are required to comply habitat for this species. To understand Impact Statement, Allegheny National with provisions of the Endangered these measures, distinctions are made Forest personnel have completed a Species Act of 1973, as amended. This between green units and salvage units. biological assessment which has been includes a requirement to consult with Green units are stands consisting submitted to the USDI-Fish and Wildlife the U. S. Department of Interior, Fish primarily of live trees. Salvage units are Service for their consideration in and Wildlife Service on proposals where conditions such as insect and preparing the biological opinion. This which may affect species federally listed disease infestations or other biological assessment contains as threatened, endangered, or proposed. catastrophic events have created a stand suggested terms and conditions which In February 1986, consultation was where the amount of dead and dying relate to managing these threatened and completed for the newly-developed Forest Plan. trees predominate (<40% of relative endangered Species. Many of these are stand density in live trees). Since then, the Fish and Wildlife already part of the standards and The Allegheny National Forest Service and the Allegheny National guidelines in the Forest Plan. standard of retaining 5–10 snags per Allegheny National Forest personnel Forest have continued consulting when acre will remain in effect for all salvage invite written comments and three different Environmental Impact units, while most snags will be retained suggestions on the scope of this analysis Statements proposed amendments to the in green units. The modified standards and environmental impact statement. Forest Plan, when new issues have would add a size requirement for some That is, the Allegheny National Forest arisen, and when new species were of the retained snags. Retention of would like comments on what issues added to the endangered species list. clumps of existing trees in stands to be and possible alternatives should be New Information Related to Threatened final harvested remains an important considered and analyzed. In addition, and Endangered Species component of bat habitat. the agency gives notice that the environmental impact statement In July 1998, based on additional new Caves preparation process will be conducted information, Allegheny National Forest 1. Continue working with so that interested and affected people personnel began informal consultation universities, Pennsylvania Game are aware of how they may participate again with the Fish and Wildlife Commission, and local Allegheny in and contribute to the final decision. Service. That information included the National Forest users to locate and This environmental impact statement following: Bald eagle populations have survey caves that may contain Indiana will result in an amendment to the increased, with three new nests located bats. If an Indiana bat hibernaculum is Allegheny National Forest Land and on or near the Allegheny National found on the Allegheny National Forest, Resource Management Plan. Forest; the Indiana bat was found on the consult with the Fish and Wildlife Allegheny National Forest; and two Service to determine standards and DATES: Comments and suggestions species of fresh water mussels had been guidelines necessary to protect and concerning the scope of the analysis added to the Federal list of threatened manage the hibernaculum. should be submitted in writing and and endangered species. postmarked by March 10, 1999, to Continuing research and inventory of Potential Roosting/Foraging Habitat ensure timely consideration. threatened and endangered species 1. Retain shagbark and shellbark ADDRESSES: Send written comments to populations on the Allegheny National hickories regardless of size in partial Endangered Species Management, Forest, as well as refinement of our and final harvest cutting units. 6036 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

2. For green units (both partial and forested acres drop below 30 percent of ‘‘restricted’’, and (6) obliterate roads no final harvests) retain snags that do not the watershed, consultation with the longer needed for management activities pose a safety hazard to the sawyer or the Fish and Wildlife Service will be that have potential for sediment input public. Retain at least 8–15 live trees per initiated to determine how best to into a stream course. acre greater than 9 inches diameter at provide habitat for the Indiana bat. Bald Eagle breast height in all final harvest units and retain at least 16 live trees per acre Water Sources The following measures are proposed greater than 9 inches diameter at breast 1. Create or renovate bat drinking to strengthen the Allegheny National height in partial cuts. water sources where none are currently Forest’s ability to protect and manage 3. For salvage units in partial cuts available (a minimum of one per square habitat for this species. retain at least 5–10 snags per acre mile). 1. Change the seasonal restriction greater than or equal to 9′′ diameter at 2. Allow water filled road ruts to from February 1 to January 15 and re- breast height and of these 1 tree for each remain where they do not compromise write the Forest Plan standards and 2 acres greater than or equal to 20′′ soil and water quality. guidelines to be compatible with the diameter at breast height. Retain at least Bald Eagle Recovery Plan. Inventory, Monitoring, and Research 16 live trees per acre greater than or 2. For any new access sites on equal to 9′′ diameter at breast height and 1. Follow interagency working group Allegheny National Forest land within 3 live trees for each acre greater than or and/or Indiana Bat Recovery Plan the Allegheny Wild and Scenic River equal to 20′′ diameter at breast height as recommendations for research, corridor, or requiring federal funding or recommended by the Indiana Bat inventory and monitoring habitat and authorization, bald eagle use will be Recovery Team. populations across the Allegheny assessed within the section of river 4. When planning partial cuts, strive National Forest. corridor where human use will likely to reduce canopy closure to 60–80 2. Pursue additional funding and increase. percent. partnership opportunities to complete 3. The Forest Service will consult 5. For salvage units in final harvest needed research, inventory, and with Fish and Wildlife Service on any cuts and clearcuts, retain at least an monitoring work. Forest Service activities within the average of 3 snags for each acre greater 3. Monitor snags, den trees, and buffer zones around each nest. than or equal to 9′′ diameter at breast reserve live trees on 10 final harvest 4. The Forest Service will collect data height, of these snags retain 1 for each units and 10 partial cuts annually across necessary to determine the level of 10 acres greater than or equal to 12′′ the Allegheny National Forest. potential effects to nesting eagles on the diameter at breast height. Retain at least 4. Where opportunities arise, work Allegheny Reservoir by determining the 8–15 live trees/acre greater than or equal with land owners, general public, and level of boating activity and the to 9′′ diameter at breast height and at other agencies to promote education and behavior of the nesting pair while least 1 tree for each acre greater than or information about endangered bats and foraging and nesting before and after equal to 20′′ diameter at breast height. their conservation. Memorial Day. If any harrassment is 6. Avoid removal of known roost Clubshell And Northern Riffleshell noted or suspected, the Fish and trees. In the unlikely event that a known Mussels Wildlife Service will be contacted. roost tree must be removed, such 5. Continue discussions with the removal will be conducted through Current Forest Plan standards and Pennsylvania Game Commission, U.S. consultation with the Fish and Wildlife guidelines provide protection to Army Corps of Engineers and USDI-Fish Service. clubshell and northern riffleshell and Wildlife Service to determine if 7. Known maternity roosts may be populations and habitat. The following boat access needs to be restricted in removed at any time, after consultation measures are proposed to strengthen the Cornplanter Bay. with Fish and Wildlife Service, if they Allegheny National Forest’s ability to 6. The new contract for operating constitute an immediate threat to public correct erosion and sedimentation recreation areas and boat launches on safety. However, such removal will be problems that may result from past road the Allegheny Reservoir will stipulate as a last resort, after other alternatives and trail problems: that discarded fishing line along the (such as fencing the area, etc.) have been Continue to identify erosion and shoreline developed for access will be considered and deemed unacceptable. sedimentation problems associated with cleaned up monthly during the summer. 8. Demolition or removal of buildings Forest Service activities (primarily old 7. Signing and/or news releases to or other man-made structures that roads and trails) with particular educate hunters not to shoot eagles will harbor bats should occur while the bats attention to the 13 percent of the be developed and distributed by are hibernating and a bat box should be Allegheny National Forest that drains Allegheny National Forest personnel. installed in a proper location to provide directly into the Allegheny River. Where an alternate roosting site. If public safety necessary implement practices such as: Small Whorled Pogonia is threatened and the building must be (1) Using less erosive road surfacing 1. The survey of potential habitat removed while bats are present, a bat material (limestone) along sections of within 227,000 acres of the Allegheny expert should examine the building to roads, and/or stream crossings to the National Forest has not found the small determine if Indiana bats are present. If first cross-drain on either side of the whorled pogonia. Since no small Indiana bats are present, consultation crossing; (2) placing rip rap at the outlet whorled pogonias have been found, a with Fish and Wildlife Service is of those cross-drains on steep fill-slopes; new survey approach is worth testing. required before removal. If none are (3) placing additional cross-drains to The new proposed survey strategy present, demolition can proceed. dissipate runoff more frequently to would identify the habitat with the 9. If new planned road and trail avoid concentrating more flow which highest potential for finding small construction, wildlife opening could lead to formation of a new whorled pogonia and survey those areas construction, gravel pit development, channel to a stream, (4) placing each year. This would substitute for the federally owned oil and gas additional cross-drains before a stream current practice of surveying for each development, or other non-forest uses crossing, (5) restricting use on problem individual project. By surveying the create conditions where the amount of roads (change from ‘‘open’’ to highest potential habitat, the likelihood Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6037 of finding the species on the Allegheny species known to exist on or near the the statement (Reviewers may wish to National Forest will be increased. If Allegheny National Forest (and their refer to CEQ Regulations for found, a better understanding of its habitat), given current knowledge? implementing the procedural provisions habitat needs can be assessed. 2. Are there additional actions of the National Environmental Policy 2. If a small whorled pogonia is found Allegheny National Forest personnel Act at 40 CFR 1503.3 in addressing on the Allegheny National Forest, should implement that would these points). After the comment period consultation with the Fish and Wildlife contribute toward the recovery of these ends on the draft environmental impact Service will be re-initiated. species? statement, the comments received will The Allegheny National Forest 3. What are the changes to the current be analyzed and considered by the entered into formal consultation with Forest Plan activities, outputs, and Forest Service in preparing the final the Fish and Wildlife Service on environmental effects from environmental impact statement. December 18, 1998. During formal implementing any additional actions? The final environmental impact consultation, the Fish and Wildlife The Draft Environmental Impact statement is scheduled to be completed Service may elect to change or delete Statement is expected to be filed with in August of 1999. In the final some of these proposed terms and the Environmental Protection Agency Environmental Impact Statement, the conditions, or they may add new terms and to be available for public review Forest Service is required to respond to and conditions. We expect the Fish and during April or May of 1999. At that the comments received (40 CFR 1503.4). Wildlife Service to issue a biological time, the Environmental Protection The responsible official will consider opinion with the final terms and Agency (EPA) will publish in the the comments, responses, conditions early in the first half of 1999. Federal Register a notice of availability environmental consequences discussed of the draft environmental impact in the environmental impact statement, Proposed Forest Plan Amendment and statement. The comment period on the Draft Environmental Impact Statement and applicable laws, regulations and draft will be 45 days from the date the policies in making a decision regarding Once the biological opinion is issued, EPA notice appears in the Federal this proposal. The responsible official Allegheny National Forest personnel Register. will document the decision and reasons will complete the Draft Environmental for the decision in a Record of Decision. Impact Statement and send it out for Related Court Rulings That decision will be subject to appeal review and comment. The Forest Service believes it is The analysis documented in Draft important to give reviewers notice at under 36 CFR part 217. Environmental Impact Statement will this early stage of several court rulings The responsible official is John E. consider a range of alternatives. One of related to public participation in the Palmer, Forest Supervisor, Allegheny these alternatives will evaluate no environmental review process. First, National Forest, 222 Liberty Street, P.O. change to the current Forest Plan (No reviewers of draft environmental impact Box 847, Warren PA 16365. Action). A second alternative would be statements must structure their Dated: February 2, 1999. the proposed action which is to amend participation in the environmental John E. Palmer, the Forest Plan to incorporate the terms review of the proposals so that it is Forest Supervisor. and conditions proposed in the meaningful and alerts an agency to the [FR Doc. 99–2907 Filed 2–5–99; 8:45 am] Biological Assessment, as modified by reviewers position and contentions, BILLING CODE 3410±11±P the Biological Opinion to be issued. Vermont Yankee Nuclear Power Corp. v. Issues which are generated through the NRDC, 435 U.S. 519, 553 (1978). Also, scoping process may generate additional environmental objections that could be COMMISSION ON CIVIL RIGHTS alternatives. raised at the draft environmental impact Federal, State, and local agencies, and statement stage may be waived if not Agenda and Notice of Public Meeting other individuals or organizations who raised until after completion of the final of the New Jersey Advisory Committee may be interested in or affected by the environmental impact statement, City of decision are invited to participate in the Angoon v. Hodel, 803 F.2d 1016, 1022 Notice is hereby given, pursuant to scoping process. This process includes (9th Cir .1988), and Wisconsin the provisions of the rules and the following: (1) Identification of Heritages, Inc. v. Harris, 490 F. supp. regulations of the U.S. Commission on potential issues; (2) identification of 1334, 1338 (E. D. Wis. 1980). Because of Civil Rights, that a meeting of the New issues to be analyzed in depth; and (3) these court rulings, it is very important Jersey Advisory Committee to the elimination of insignificant issues, those that those interested in this proposed Commission will convene at 11:00 a.m. outside the scope of this analysis, or action participate by the close of the 45- and adjourn at 5:30 p.m. on February those which have been covered by a day comment period so that substantive 26, 1999, at the Newark City Council previous environmental review. At this comments and objections are made Chambers, 920 Broad Street, Newark, point in the process, we would available to the Forest Service at a time New Jersey 07102. The Committee will appreciate your comments on what when it can meaningfully consider them (1) discuss a project on ‘‘Civil Rights issues and possible alternatives should and respond to them in the final Enforcement in New Jersey: An be considered and analyzed. Comments environmental impact statement. Evaluation of the State’s Division of directed toward the substance of the Civil Rights’’, (2) review subcommittee Comments and Decision project, as opposed to the scope of the work on employment discrimination analysis, are more appropriately Comments on the draft environmental against Asian American State submitted during the comment period impact statement should be as specific government employees, (3) conduct following release of the draft as possible. It is also helpful if planning for upcoming activity, and (4) environmental impact statement. comments refer to specific pages or listen to invited speakers give their Preliminary issues identified include chapters of the draft statement. views on significant civil rights issues the following: Comments may also address the affecting the Newark area and New 1. What are the effects of adequacy of the draft environmental Jersey. implementing current Forest Plan impact statement or the merits of the Persons desiring additional direction on threatened and endangered alternatives formulated and discussed in information, or planning a presentation 6038 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices to the Committee, should contact COMMISSION ON CIVIL RIGHTS ACTION: Notice of extension of time Committee Chairperson Irene Hill- limits for preliminary results of Smith, 609–468–5546, or Ki-Taek Chun, Agenda and Notice of Public Meeting antidumping duty administrative Director of the Eastern Regional Office, of the Rhode Island Advisory reviews. 202–376–7533 (TDD 202–376–8116). Committee Hearing-impaired persons who will Notice is hereby given, pursuant to EFFECTIVE DATE: February 8, 1999. attend the meeting and require the the provisions of the rules and FOR FURTHER INFORMATION CONTACT: services of a sign language interpreter regulations of the U.S. Commission on should contact the Regional Office at Richard Rimlinger, AD/CVD Civil Rights, that a meeting of the Rhode Enforcement, Import Administration, least ten (10) working days before the Island Advisory Committee to the International Trade Administration, scheduled date of the meeting. Commission will convene at 4:00 p.m. U.S. Department of Commerce, 14th The meeting will be conducted and adjourn at 7:30 p.m. on March 2, pursuant to the provisions of the rules 1999, at the Pawtucket City Hall, City Street and Constitution Avenue, N.W., and regulations of the Commission. Council Chamber, 137 Roosevelt Washington, D.C. 20230; telephone: (202) 482–4477. Dated at Washington, DC, January 29, 1999. Avenue, Pawtucket, Rhode Island Carol-Lee Hurley, 02860. The purpose of the meeting is to The Applicable Statute Chief, Regional Programs Coordination Unit. be briefed by invited civil rights advocates on the status of civil issues in Unless otherwise indicated, all [FR Doc. 99–2941 Filed 2–5–99; 8:45 am] Rhode Island. The Committee will plan citations to the statute are references to BILLING CODE 6335±01±F for future events and review a draft of the provisions effective January 1, 1995, the Committee’s statement of concern, the effective date of the amendments The Impact of the Personal COMMISSION ON CIVIL RIGHTS made to the Tariff Act of 1930 (the Act) Responsibility and Work Opportunity by the Uruguay Round Agreements Act. Agenda and Notice of Public Meeting Reconciliation Act of 1996 on Legal Extension of Time Limits for of the Ohio Advisory Committee Immigrants in Rhode Island. Persons desiring additional Preliminary Results Notice is hereby given, pursuant to information, or planning a presentation to the Committee, should contact The Department of Commerce (the the provisions of the rules and Department) has received requests to regulations of the U.S. Commission on Committee Chairperson Olga Noguers, conduct administrative reviews of the Civil Rights, that a meeting of the Ohio 401–464–1876, or Ki-Taek Chun, antidumping duty orders on antifriction Advisory Committee to the Commission Director of the Eastern Regional Office, will convene at 1:00 p.m. and adjourn 202–376–7533 (TDD 202–376–8116). bearings (other than tapered roller at 5:00 p.m. on Thursday, February 25, Hearing-impaired persons who will bearings) and parts thereof (AFBs) from 1999, at the Metropolitan Campus of attend the meeting and require the France, Germany, Italy, Japan, Romania, Cuyahoga Community College, 2900 services of a sign language interpreter Singapore, Sweden, and the United Community College Avenue, Student should contact the Regional Office at Kingdom. On June 29, 1998, the Center Building, United Room—3rd least ten (10) working days before the Department initiated these Floor, Cleveland Ohio 44115. The scheduled date of the meeting. administrative reviews covering the The meeting will be conducted purpose of the meeting is to: (1) discuss period May 1, 1997, through April 30, pursuant to the provisions of the rules civil rights issues, (2) plan future 1998. and regulations of the Commission. activities, and (3) review and approve Another matter has recently placed the Committee’s report, ‘‘Employment Dated at Washington, DC, January 29, 1999. unanticipated heavy burdens on the Opportunities for Minorities in Carol-Lee Hurley, Department’s limited resources. These Montgomery County, Ohio.’’ Chief, Regional Programs Coordination Unit. burdens are short term; however, they Persons desiring additional [FR Doc. 99–2942 Filed 2–5–99; 8:45 am] have made it so that it is not practicable information, or planning a presentation BILLING CODE 6335±01±P to complete the AFBs reviews within to the Committee, should contact the time limits mandated by section Committee Chairperson Grace Ramos, 751(a)(3)(A) of the Act. The Department, DEPARTMENT OF COMMERCE 614–466–6715, or Constance M. Davis, therefore, is extending the due date for Director of the Midwestern Regional International Trade Administration the preliminary results to February 16, Office, 312–353–8311 (TDD 312–353– 1999. The Department intends to issue [A±427±801, A±428±801, A±475±801, A±588± 8362). Hearing-impaired persons who the final results of reviews 120 days will attend the meeting and require the 804, A±485±801, A±559±801, A±401±801, after the publication of the preliminary services of a sign language interpreter and A±412±801] results. This extension of the time limit should contact the Regional Office at Antifriction Bearings (Other Than least ten (10) working days before the is in accordance with section Tapered Roller Bearings) and Parts 751(a)(3)(A) of the Act. scheduled date of the meeting. Thereof From France, Germany, Italy, The meeting will be conducted Japan, Romania, Singapore, Sweden, Dated: January 29, 1999. pursuant to the provisions of the rules and the United Kingdom: Notice of Richard W. Moreland, and regulations of the Commission. Extension of Time Limits for Deputy Assistant Secretary for Import Dated at Washington, DC, January 27, 1999. Preliminary Results of Antidumping Administration. Carol-Lee Hurley, Administrative Reviews [FR Doc. 99–2997 Filed 2–5–99; 8:45 am] Chief, Regional Programs Coordination Unit. AGENCY: Import Administration, BILLING CODE 3510±DS±P [FR Doc. 99–2940 Filed 2–5–99; 8:45 am] International Trade Administration, BILLING CODE 6335±01±P Department of Commerce. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6039

DEPARTMENT OF COMMERCE Street and Constitution Avenue, NW, scope of this order remains dispositive. Washington, DC 20230; telephone: (202) Pursuant to the final affirmative INTERNATIONAL TRADE 482–4474 or 482–3965, respectively. determination of circumvention of the ADMINISTRATION SUPPLEMENTARY INFORMATION: antidumping duty order, covering the [A±122±601] period September 1, 1990, through Applicable Statute and Regulations September 30, 1991, we determined that Brass Sheet and Strip from Canada: Unless otherwise indicated, all brass plate used in the production of Preliminary Results of Antidumping citations to the statute are references to BSS falls within the scope of the Duty Administrative Review, Intent Not the provisions effective January 1, 1995, antidumping duty order on BSS from To Revoke Order in Part, and the effective date of the amendments Canada. See Brass Sheet and Strip from Extension of Time Limit made to the Tariff Act of 1930 (the Act) Canada: Final Affirmative by the Uruguay Round Agreements Act Determination of Circumvention of AGENCY: Import Administration, (URAA). In addition, unless otherwise Antidumping Duty Order, 58 FR 33610 International Trade Administration, indicated, all citations to the (June 18, 1993). Department of Commerce. Department’s regulations refer to the The POR is January 1, 1997 through ACTION: Notice of preliminary results of regulations codified at 19 CFR Part 351 December 31, 1997. The review involves antidumping duty administrative (1998). one manufacturer/exporter, Wolverine. review, intent not to revoke order in Background part, and extension of time limit. Export Price The Department published an We used export price (EP), as defined SUMMARY: In response to separate antidumping duty order on brass sheet in section 772 of the Act, because the requests by Wolverine Tube (Canada), and strip from Canada on January 12, merchandise was sold to unaffiliated Inc. (Wolverine), the respondent, and by 1987 (52 FR 1217). On January 12, 1998, U.S. purchasers prior to the date of Hussey Copper, Ltd,; The Miller the Department published a notice of importation and because no other Company; Olin Corporation; Revere ‘‘Opportunity to Request an circumstances indicated that Copper Products, Inc,; International Administrative Review’’ of the constructed export price was Association of Machinists and antidumping duty order on brass sheet appropriate. We calculated EP based on Aerospace Workers; International and strip from Canada (63 FR 1820). On delivered prices. In accordance with Union, Allied Industrial Workers of January 30, 1998, a manufacturer/ section 772(c)(1) of the Act, we adjusted America (AFL–CIO); Mechanics exporter, Wolverine, requested an EP for brokerage and handling, foreign Educational Society of America, and administrative review of its exports of and U.S. inland freight, and customs United Steelworkers of America (AFL– the subject merchandise to the United duty. We also recalculated imputed CIO), collectively, the petitioner, the States for the period of review (POR), credit expenses for U.S. sales based on Department of Commerce (the January 1, 1997, through December 31, the U.S. prime interest rate. See Department) is conducting an 1997. In accordance with 19 CFR ‘‘Further Developments’’ as described 351.213 we published a notice of administrative review of the below. No other adjustments to EP were initiation of administrative review on antidumping duty order on brass sheet claimed or allowed. and strip from Canada. The review February 27, 1998 (63 FR 10002). The covers one manufacturer/exporter of Department is now conducting this Normal Value (NV) administrative review in accordance this merchandise to the United States, A. Viability Wolverine. The period covered is with section 751 of the Act. In order to determine whether there January 1, 1997 through December 31, Scope of Review 1997. As a result of the review, the was a sufficient volume of sales in the Department has preliminarily Imports covered by this review are home market to serve as a viable basis determined that no dumping margins shipments of brass sheet and strip for calculating NV, we compared exist for his respondent for the covered (BSS), other than leaded and tinned Wolverine’s volume of home market period. However, we do not intend to BSS. The chemical composition of the sales of the foreign like product to the revoke the order with respect to brass covered products is currently defined in volume of U.S. sales of the subject sheet and strip from Canada the Copper Development Association merchandise, in accordance with manufactured by Wolverine, since we (C.D.A.) 200 Series or the Unified section 773(a)(1)(C) of the Act. Because found in our final results covering the Numbering System (U.N.S.) C2000. This of Wolverine’s aggregate volume of 1996 period of review that sales made review does not cover products the home market sales of the foreign like during that period were made below chemical compositions of which are product was greater than five percent of normal value. defined by other C.D.A. or U.N.S. series. its aggregate volume of U.S. sales of the In physical dimensions, the products subject merchandise, we determined We invite interested parties to covered by this review have a solid that the home market provides a viable comment on these preliminary results. rectangular cross section over 0.006 basis for calculating NV for Wolverine. Parties who submit argument in this inches (0.15 millimeters) through 0.188 proceeding are requested to submit with inches (4.8 millimeters) in finished B. Below Cost of Production Test the argument (1) a statement of issue thickness or gauge, regardless of width. Because we disregarded sales below and (2) a brief summary of the Coiled, wound-on-reels (traverse the cost of production in the 1996 POR, argument. would), and cut-to-length products are the most-recently completed segment of EFFECTIVE DATE: February 8, 1999. included. The merchandise is currently this proceeding, we have reasonable FOR FURTHER INFORMATION CONTACT: Paul classified under Harmonized Tariff grounds to believe or suspect that sales Stolz or James Terpstra, Office of Schedule (HTS) item numbers of the foreign like product under Antidumping/Countervailing Duty 7409.21.00 and 7409.29.00. Although consideration for determining NV in Enforcement, Import Administration, the HTS item numbers are provided for this review may have been at prices International Trade Administration, convenience and customs purposes, the below the cost of production (COP), U.S. Department of Commerce, 14th Department’s written description of the within the meaning of section 6040 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

773(b)(2)(A)(ii) of the Act. Therefore, accordance with section 773(b)(1) of the We reduced NV for home market pursuant to section 773(b)(1) of the Act, Act, we therefore excluded the below- credit and warranty expenses, and we initiated a COP investigation of sales cost sales of these models from our increased NV for U.S. credit expenses by Wolverine (see Memorandum to the analysis and used the remaining above- and U.S. warranty expenses in File, dated March 31, 1998, available in cost sales as the basis for determining accordance with section Room B–099 of the Main Commerce NV. 773(a)(6)(C)(iii), due to differences in circumstances of sale. We reduced NV Building). In accordance with section C. Model-Matching 773(b)(3) of the Act, we calculated COP for home market movement expenses, in based on the sum of materials and We calculated NV using prices of BSS accordance with section 773(a)(6)(B)(ii); fabrication employed in producing the products having the same characteristics and for packing costs incurred in the foreign like product, plus selling, as to form, gauge, width, and alloy. We home market, in accordance with general, and administrative expenses used the same gauge and width section 773(a)(6)(B)(i); and increased NV (SG&A) and the cost of all expenses groupings and the same model-match to account for U.S. packing expenses. incidental to placing the foreign like methodology in this review as in the last Wolverine reported ‘‘quantity adders’’ product in condition packed ready for completed administrative review (1996). as a circumstance of sale adjustment. shipment. We relied on the home As in the 1995 and 1996 reviews, we However, we have not made market sales and COP information did not rely on ‘‘source’’ designations in corresponding adjustments in this Wolverine provided in its questionnaire the product codes for model matching review. Wolverine failed to provide responses. After calculating COP, we purposes since the ‘‘source’’ (i.e., sufficient information to determine tested whether home market sales of whether reroll or nonreroll brass is used whether this adjustment should be subject BSS were made at prices below to make the product) does not appear to made. Moreover, in the event that the COP within an extended period of time describe physical characteristics of the Department determines that an in substantial quantities, and whether resulting subject merchandise itself; nor adjustment is appropriate, it is not clear such prices permitted the recovery of all has Wolverine demonstrated that this is that Wolverine has properly quantified costs within a reasonable period to time. an appropriate matching criterion. sales in both the home and U.S. We compared model-specific COPs to Wolverine claimed in its response that markets. Accordingly, we have the reported home market prices less the grain density of the reroll material determined that the administrative any applicable movement charges, obtained from outside suppliers was record is incomplete with respect to this higher than that of its own cast material. direct selling expenses, and packing item and have made no corresponding Although this may be the case, expenses. adjustments. See ‘‘Further respondent’s claim has not been Developments’’ as described below. Pursuant to section 773(b)(2)(C) of the substantiated on the record of this Act, where less than twenty percent of review. Level of Trade Wolverine’s home market sales for a In addition, we noted in this review In accordance with section model were at prices less than the COP, that the coding Wolverine reported for 773(a)(1)(B) of the Act, to the extent we did not disregard any below-cost the ‘‘temper’’ matching characteristic practicable, we determine NV based on sales of that model because we included a secondary characteristic for sales in the comparison market at the determined that the below-cost sales ‘‘finish.’’ This characteristic had not same level of trade (LOT) as the EP or were not made within an extended previously been identified by the CEP transaction. The NV LOT is that of period of time in ‘‘substantial Department, nor has Wolverine the starting-price sales in the quantities.’’ Where twenty percent or adequately demonstrated that it is comparison market or, when NV is more of Wolverine’s home market sales appropriate to use in model matching. based on CV, that of the sales from were at prices less than the COP, we Moreover, it is no longer clear whether which we derive selling, general and determined that such sales were made Wolverine’s reported temper codes are administrative (SG&A) expenses and within an extended period of time in correct. Therefore, for the preliminary profit. For EP, the U.S. LOT is also the substantial quantities in accordance results of this review we are not level of the starting-price sale, which is with section 773(b)(2) (B) and (C) of the considering ‘‘finish’’ or reported temper usually from the exporter to an Act. To determine whether such sales codes as matching characteristics and unaffiliated U.S. customer. For CEP, it is were at prices which would not permit have adjusted our computer program the level of the constructed sale from the full recovery of all costs within a accordingly. We will seek additional the exporter to an affiliated importer, reasonable period of time, in accordance information on these issues following after the deductions required under with section 773(b)(2)(D) of the Act, we the preliminary results of this section 772(d) of the Act. To determine compared home market prices to the administrative review and will whether NV sales are at a different LOT weighted-average COPs for the POR. incorporate our findings into our than EP or CEP, we examine stages in The results of our cost test for analysis for the final results of this the marketing process and selling Wolverine indicated that for certain review. See ‘‘Further Developments’’ as functions along the chain of distribution home market models less than twenty described below. between the producer and the percent of the sales of the model were We calculated NV using monthly unaffiliated customer. If the at prices below COP. We therefore weighted-average prices of BSS having comparison-market sales are at a retained all sales of these models in our the same characteristics as to form, different LOT, and the difference affects analysis and used them as the basis for gauge, width, and alloy. We based NV price comparability, as manifested in a determining NV. Our cost test for on the price at which the foreign like pattern of consistent price differences Wolverine also indicated that for certain product is first sold for consumption in between the sales on which NV is based other home market models more than the exporting country, in the usual and comparison-market sales at the LOT twenty percent of the home market sales commercial quantities and in the of the export transaction, we make an within an extended period of time were ordinary course of trade, and at the LOT adjustment under section at prices below COP and would not same level of trade as the export price, 773(a)(7)(A) of the Act. Finally, for CEP permit the full recovery of all costs in accordance with section sales, if the NV level is more remote within a reasonable period of time. In 773(a)(1)(B)(i) of the Act. from the factory than the CEP level and Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6041 there is no basis for determining U.S. market had been made in U.S. dumping margin in the 1996 POR and whether the difference in the levels dollars, and therefore, in accordance in the 1997 POR, and would not sell the between NV and CEP affects price with Department policy, imputed credit relevant class or kind of merchandise at comparability, we adjust NV under expenses for these sales should have less than NV in the future. Wolverine section 773(a)(7)(B) of the Act (the CEP been reported based on the company’s also agreed to its immediate offset provision). See Notice of Final U.S. interest rate or other applicable reinstatement in the relevant Determination of Sales at Less Than U.S. interest rate. antidumping duty order, as long as any Fair Value: Certain Cut-to-Length Moreover, petitioner has requested firm is subject to this order, if the Carbon Steel Plate from South Africa, that we resort to facts available with Department concludes under 19 CFR 62 FR 61731 (November 19, 1997). respect to certain portions of the 351.222(b)(2)(iii) that, subsequent to In this review, Wolverine stated in its submitted data. However, there is revocation, it sold the subject questionnaire response that it was not insufficient basis on which to make merchandise at less than NV. requesting a LOT adjustment and such a determination at this time. In However, with respect to the 1996 therefore did not include the order to resolve these issues and certain POR, we found in our final results of corresponding field ‘‘LOTADJH’’ in its other issues raised by petitioner’s and that review that sales had been made reported home market sales list. respondent’s comments, and to below NV and, therefore, the Although Wolverine claimed that one of determine whether the application of Department’s requirements for its two customer categories required a facts available is appropriate, the revocation had not been met. See Final higher level of support than the other, Department has decided that additional Results of Administrative Review and it did not place information on the information and further analysis is Notice of Intent Not To Revoke Order in record in order to detail or quantify any necessary. Therefore, following Part, Brass Sheet and Strip from possible resulting differences in selling publication of these preliminary results, Canada, 63 FR 33037 (June 17, 1998). functions which could potentially the Department will request additional Previously, the Department had found constitute different LOTs. Nor did we information on ‘‘interest’’, ‘‘general and that Wolverine’s sales reviewed during request additional information with administrative expenses’’, ‘‘finish’’, the eighth (1994) and ninth (1995) respect to this issue. ‘‘temper’’, ‘‘packing’’, and ‘‘adders’’ for reviews and under this order were made Because the record does not show that use in its analysis for the final results of at not less than NV. The Department has Wolverine performed different selling this review. Moreover, since the also preliminarily determined in this functions with respect to different Department will collect and analyze administrative review, as described channels of distribution, we have additional information, the Department below, that sales under this order were preliminarily determined that there is has determined that it is not practicable not made at less than NV. Nonetheless, only one LOT in the home market. to complete the final results of this in light of the final results of the tenth Furthermore, since the record does not administrative review within the (1996) administrative review, Wolverine indicate differences in selling functions original time limit, and is therefore is not entitled to revocation pursuant to between the home market and the U.S. extending the due date for the final 19 CFR 351.222(b). market, we have preliminarily results of this review, pursuant to Preliminary Results of the Review determined that no level of trade section 351.213(h)(2) of the adjustments under section 773(a)(7)(A) Department’s regulations, until 180 days As a result of our comparison of EP of the Act are warranted. However, we from publication of these preliminary to NV, we preliminarily determine that will reexamine this issue for the final results. a de minimis of (0.39 percent) exists for results. Wolverine for the period January 1, Revocation 1997 through December 31, 1997, and Further Developments On January 30, 1998, Wolverine we determine, preliminarily, not to Both petitioner and respondent have submitted its request for an revoke the antidumping duty order with submitted comments regarding the administrative review covering the 1997 respect to imports of subject calculation of the preliminary results of POR and, pursuant to 19 CFR merchandise from Wolverine. this review. Submissions by both parties 351.222(b), requested revocation of the Parties to the proceeding may request included untimely submitted new antidumping duty order with respect to disclosure within five days of the date factual information. Therefore, the Wolverine. In its request, Wolverine of publication of this notice. Any Department has required deletion of this stated that it expected to receive a de interested party may request a hearing information. However, in reaching its minimis margin in the final results of within 30 days of publication of this preliminary results, the Department has the 1996 and 1997 POR reviews. notice. Any hearing will be held 44 days taken note of the portions of these Wolverine noted that these would be the after the date of publication or the first submissions which contained relevant third and fourth consecutive de minimis workday thereafter. Interested parties argument not based on new factual margins received, and thus Wolverine may submit case briefs within 30 days information. As a result, the Department would be eligible for revocation in of the publication date of this notice. has decided not to make adjustments in accordance with 19 CFR 351.222(b)(2), Rebuttal briefs, limited to issues raised these preliminary results to the which among other requirements in the case briefs, may be filed not later submitted prices for ‘‘adders’’ stipulates that the respondent than 37 days after the date of (surcharges on certain small quantity requesting revocation has sold the publication. The Department will orders) and to disregard ‘‘temper’’ and subject merchandise at not less than NV publish a notice of the final results of ‘‘finish’’ as a matching characteristics, for at least three consecutive this administrative review, which will as described above. In addition, the administrative reviews and is not likely include the results of its analysis of Department has recalculated imputed to do so in the future. This request was issues raised in any such case briefs or credit expenses reported for U.S. sales. accompanied by certifications from the at a hearing, within 180 days from This recalculation was done since firm that it had not sold the relevant publication of these preliminary results. Wolverine reported imputed credit class or kind of merchandise at less than The following deposit requirements expenses for U.S. sales based on its NV for a two-year period and will be effective for all shipments of the home market interest rate. Sales to the anticipated receiving a de minimis subject merchandise that are entered, or 6042 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices withdrawn from warehouse, for could result in the Secretary’s The Applicable Statute and Regulations consumption on or after the publication presumption that reimbursement of Unless otherwise indicated, all date of the final results of this antidumping duties occurred and the citations to the statute are references to administrative review, as provided by subsequent assessment of double the provisions effective January 1, 1995, section 751(a)(1) of the Act: (1) the cash antidumping duties. the effective date of the amendments deposit rate for Wolverine will be the This administrative review and this made to the Tariff Act of 1930, as rate established in the final results of notice are in accordance with section amended (‘‘the Act’’), by the Uruguay this review (except that no deposit rate 751(a)(1) of the Act (19 U.S.C. Round Agreements Act (‘‘URAA’’). In will be required for zero or de minimis 1675(a)(1)) and 19 CFR 351.213, addition, unless otherwise indicated, all margins, i.e., margins less than 0.5 351.221. references are made to the Department’s percent); (2) for previously reviewed or Dated: February 1, 1999. final regulations at 19 CFR Part 351 investigated companies not listed above, Robert S. LaRussa, (1998). the cash deposit rate will continue to be the company-specific rate published for Assistant Secretary for Import Case History Administration. the most recent period; (3) if the On May 14, 1996, the Department exporter is not a firm covered in this [FR Doc. 99–2999 Filed 2–5–99; 8:45 am] BILLING CODE 3510±DS±M published in the Federal Register an review, a prior review, or the original antidumping duty order on polyvinyl less-than-fair-value (LFTV) alcohol from Taiwan. See 61 FR 24286. investigation, but the manufacturer is, DEPARTMENT OF COMMERCE On May 12, 1997, the Department the cash deposit rate will be the rate published a notice providing an established for the most recent period International Trade Administration opportunity to request an administrative for the manufacturer of the review of this order for the period May merchandise; and, (4) if neither the [A±583±824] 1, 1997, through April 30, 1998 (63 FR manufacturer nor the exporter is a firm 26143). On May 27, 1998, we received covered in this or any previous review, Polyvinyl Alcohol From Taiwan: a request for an administrative review the cash deposit rate will be 8.10 Preliminary Results of Antidumping from E.I. du Pont de Nemours & Co. percent, the ‘‘all others’’ rate established Duty Administrative Review (‘‘DuPont’’). On May 29, 1998, we in the LTFV investigation. These AGENCY: Import Administration, received a request for a review from deposit requirements, when imposed, International Trade Administration, Chang Chun Petrochemical (‘‘Chang shall remain in effect until publication Department of Commerce Chun’’). On May 29, 1998, the petitioner of the final results of the next ACTION: Notice of preliminary results of also requested reviews of Chang Chun administrative review. antidumping duty administrative Furthermore, the Department shall and DuPont, and an additional review of review. determine, and the Customs Service Perry Chemical Corporation (‘‘Perry’’). On June 29, 1998, we published a notice shall assess, antidumping duties on all SUMMARY: In response to requests by the of initiation of this review for Chang appropriate entries. The Department petitioner, Air Products and Chemicals, will issue appraisement instructions Chun and Dupont (63 FR 35188). We Inc., and by two manufacturers/ did not initiate a review of the importer directly to the Customs Service. The exporters of subject merchandise, the final results of this review shall be the Perry because we do not consider Perry Department of Commerce (‘‘the to be a manufacturer or exporter of the basis for the assessment of antidumping Department’’) is conducting an duties on entries of merchandise subject merchandise based on the administrative review of the factors set forth in section 351.401(h) of covered by the determination and for antidumping duty order on polyvinyl future deposits of estimated duties. For the Department’s regulations (see Final alcohol (‘‘PVA’’) from Taiwan. The Results of Antidumping Duty Wolverine, for duty assessment period of review is May 1, 1997, through purposes, we calculated importer- Administrative Review: Polyvinyl April 30, 1998. Alcohol from Taiwan, 63 FR 32810, specific assessment rates by aggregating We have preliminarily found that no 32813 (June 16, 1998)). the dumping margins calculated for all sales of subject merchandise have been On June 17, 1998, we issued an U.S. sales to each importer and dividing made below normal value. If these antidumping questionnaire to Chang this amount by the total entered value preliminary results are adopted in our Chun and Dupont. The Department of those same sales. This specific rate final results of administrative review, received responses from the two calculated for each importer will be we will instruct the Customs Service not companies in September and December used for the assessment of antidumping to assess antidumping duties on entries 1998. We issued supplemental duties on the relevant entries of subject subject to this review. Interested parties questionnaires to these companies in merchandise during the POR. If for the are invited to comment on these October 1998 and January 1999. final results of this review we calculate preliminary results. Parties who submit Responses to these questionnaires were an assessment rate for Wolverine of less case briefs in this proceeding should received in November 1998 and January than 0.5 percent ad valorem, we will provide a summary of the arguments not instruct Customs to liquidate 1999. to exceed five pages and a table of On July 24, 1998, Chang Chun Wolverine’s entries of subject statues, regulations, and case cited. merchandise during the relevant POR requested that the Department clarify EFFECTIVE DATE: without regard to antidumping duties. February 8, 1999. and confirm that the scope of the This notice serves as a preliminary FOR FURTHER INFORMATION CONTACT: merchandise includes PVA ‘‘hydrolyzed reminder to importers of their Everett Kelly, at (202) 482–4194; or in excess of 85 percent whether or not responsibility under 19 CFR 351.402(f) Brian Smith, at (202) 482–1766, Import mixed or diluted with defoamer or boric to file a certificate regarding the Administration, International Trade acid.’’ In addition, Chang Chun reimbursement of antidumping duties Administration, U.S. Department of requested that the Department confirm prior to liquidation of the relevant Commerce, 14th Street and Constitution that the language in the scope of the entries during this review period. Avenue, Washington, D.C. 20230. order is still effective. Chang Chun Failure to comply with this requirement SUPPLEMENTARY INFORMATION: contended that the language describing Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6043 the scope of subject merchandise 3905.30.00 of the Harmonized Tariff Chang Chun covered by the antidumping order still Schedule of the United States In accordance with sections 772(a) controls the scope of review in this (‘‘HTSUS’’). Although the HTSUS and (c) of the Act, we calculated an EP proceeding. Pursuant to Chang Chun’s subheading is provided for convenience for all of Chang Chun’s sales, since the request, we confirmed that the scope of and customs purposes, our written merchandise was sold to the first the merchandise includes PVA description of the scope is dispositive. unaffiliated purchaser in the United ‘‘hydrolyzed in excess of 85 percent States prior to importation, and CEP was whether or not mixed or diluted with Period of Review not otherwise warranted based on the defoamer or boric acid.’’ See ‘‘Scope of The period of review (‘‘POR’’) covers facts of record. We calculated EP based Review’’ section of this notice for the period May 1, 1997, through April on the packed CIF price to unaffiliated confirmation of the scope of subject 30, 1998. purchasers in, or for exportation to, the merchandise covered by the United States. We made deductions antidumping duty order and this Fair Value Comparisons from the starting price for movement review. To determine whether sales of the On August 26, 1998, DuPont expenses in accordance with section subject merchandise by the respondents 772(c)(2)(A) of the Act; these expenses requested that the Department apply the to the United States were made at prices special rule set forth in 19 CFR included domestic inland freight, below normal value, we compared, foreign brokerage and handling, 351.402(c) with respect to its further- where appropriate, the export price manufactured sales in the United States. international freight, and marine (‘‘EP’’) or constructed export price insurance. DuPont claimed that sales of non- (‘‘CEP’’) to the normal value (‘‘NV’’) as further-manufactured subject described below. In accordance with DuPont merchandise should be used as ‘‘proxy’’ section 777A(d)(2) of the Act, we We calculated CEP for all sales of sales if the Department deems that there compared, where appropriate, the EPs are a sufficient number of such sales to subject merchandise, which were made and CEPs of individual transactions to in the United States after importation. provide a reasonable basis for an the monthly weighted-average price of accurate dumping margin calculation. We based CEP on packed FOB or sales of the foreign like product made in delivered prices to unaffiliated Otherwise, DuPont stated that if the the ordinary course of trade. Department were to include the further- purchasers in the United States. As manufactured sales in its calculations, Product Comparisons appropriate, we made deductions for the results would be unreliable and discounts and rebates. We also made In accordance with section 771(16) of deductions, where appropriate, for inaccurate (see ‘‘Further Manufactured the Act, we considered all products Sales’’ section below for further movement expenses in accordance with produced by Chang Chun and Dupont section 772(c)(2)(A) of the Act; these discussion). covered by the description in the On September 25, 1998, DuPont included U.S. brokerage and handling ‘‘Scope of the Review’’ section, above, to submitted further analysis in support of expenses, U.S. Customs duties (which be foreign like products for purposes of its contention that the Department include harbor maintenance and determining appropriate product should exclude its further-manufactured merchandise processing fees), U.S. comparisons to U.S. sales. We compared sales in the preliminary results. warehousing expenses, and U.S. inland On November 10, 1998, the U.S. sales to sales made in the home freight expenses (freight from port to Department preliminarily determined market or third country, where warehouse and freight from warehouse that the application of the special rule appropriate, within the to the customer). to DuPont’s further-manufactured sales contemporaneous window period, In accordance with section 772(d)(1) was not appropriate. (See Memorandum which extends from three months prior of the Act, we deducted from CEP from the Team to Louis Apple dated to the month of the U.S. sale through selling expenses associated with November 10 , 1998 (‘‘Special Rule two months after the month of the U.S. DuPont’s economic activities occurring Memo’’).) sale. Where there were no sales of in the United States, including direct identical merchandise in the home selling expenses and indirect selling Scope of Review market or third country made in the expenses. We also deducted from CEP The product covered by this review is ordinary course of trade to compare to an amount for profit and further PVA. PVA is a dry, white to cream- U.S. sales, we compared U.S. sales to manufacturing costs in accordance with colored, water-soluble synthetic sales of the most similar foreign like section 772(d)(3) and section 772(d)(2) polymer. This product consists of product made in the ordinary course of of the Act, respectively. polyvinyl alcohols hydrolyzed in excess trade. In making the product DuPont’s Further-Manufactured Sales of 85 percent, whether or not mixed or comparisons, we matched foreign like diluted with defoamer or boric acid. products based on the physical Dupont claims that the special rule set Excluded from this review are PVAs characteristics reported by the forth in section 772(e) of the Act should covalently bonded with acetoacetylate, respondents in the following order: apply to its further-manufactured sales carboxylic acid, or sulfonic acid viscosity, hydrolysis, particle size, because the value added is above the uniformly present on all polymer chains tackifier, defoamer, ash, color, volatiles, Department’s 65 percent threshold, and in a concentration equal to or greater and visual impurities. there are a sufficient number of sales of than two mole percent, and PVAs Export Price and Constructed Export the subject merchandise with no value- covalently bonded with silane Price added to use as ‘‘proxy sales.’’ Further, uniformly present on all polymer chains DuPont states that because of the way in in a concentration equal to or greater For the price to the United States, we which it reports costs associated with than one-tenth of one mole percent. used EP or CEP as defined in sections further manufacturing the subject PVA in fiber form is not included in the 772(a) and 772(b) of the Act, as merchandise, including its further- scope of this review. appropriate. manufactured sales in the Department’s The merchandise under review is We made company-specific dumping analysis would produce currently classifiable under subheading adjustments as follows. unreliable and inaccurate results. 6044 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Moreover, the exclusion of its further- sales in its home market which were expenses), where appropriate. Since manufactured sales from the greater than five percent of its sales in DuPont was unable to separate packing Department’s analysis would not the U.S. market. Therefore, in expenses from its variable cost of appreciably affect the accuracy of the accordance with section 773(a)(1)(C) of manufacture, we made no adjustment margin results, and that the burdens of the Act, we based NV on sales in for differences in packing expenses. As preparing, reporting, and analyzing Taiwan. discussed below in the ‘‘Level of Trade’’ information for its further-manufactured For DuPont, in accordance with section, we allowed a CEP offset for sales would outweigh any gains from section 773(a)(1)(B)(ii) and 773(a)(1)(C) comparisons made at different levels of such an analysis. Therefore, DuPont of the Act and consistent with our trade. To calculate the CEP offset, we requests that the Department exclude practice, we based NV on the prices at deducted from NV the third-country these further-manufactured sales and which the foreign like products were market indirect selling expenses apply the ‘‘Special Rule’’ set forth in 19 first sold for consumption in the (including inventory carrying costs), CFR 351.402(c). Finally, Dupont notes respondent’s largest third-country capped by the amount of the indirect in its Section E questionnaire response market (i.e., Australia) because DuPont selling expenses deducted in calculating dated December 7, 1998, that if the did not have sales of the foreign like the CEP under section 772(d)(1)(D) of Department finds that it must include product in the exporting country during the Act. the selling prices of the further- the POR and because Australia was a Level of Trade manufactured product in its margin viable market with respect to DuPont’s calculation, it should compare the U.S. sales of PVA. In accordance with section price of the further-manufactured We made company-specific 773(a)(1)(B) of the Act, to the extent product to the CV of that product. adjustments as follows. practicable, we determined NV based on sales in the comparison market at the According to Dupont, this methodology Chang Chun would result in a more accurate and same level of trade (‘‘LOT’’) as the EP or reliable margin calculation. We calculated NV based on packed, CEP transaction. The NV LOT is that of For the reasons stated in the FOB or delivered prices to unaffiliated the starting-price sales in the November 10, 1998, Special Rule Memo, purchasers in Taiwan. We made comparison market or, when NV is we disagree with DuPont that including adjustments for differences in packing based on constructed value, that of the the sales of the subject merchandise that costs in accordance with section sales from which we derive selling, is further-manufactured would 773(a)(6)(A) and (B) of the Act. We also general and administrative expenses necessarily produce unreliable or made adjustments, where appropriate, and profit. For EP, the LOT is also the inaccurate results, or present a burden for movement expenses consistent with level of the starting-price sale, which is for the Department to calculate a margin section 773(a)(6)(B) of the Act; these usually from the exporter to the using its normal methodology (see expenses included inland freight from importer. For CEP, it is the level of the Special Rule Memo for further plant to customer. In addition, we made constructed export sale from the discussion). Because the purpose of adjustments for differences in cost exporter to the affiliated importer. section 772(e) is to reduce the attributable to differences in physical To determine whether NV sales are at administrative burden on the characteristics of the merchandise a different LOT than EP or CEP, we Department, the Department has the pursuant to section 773(a)(6)(C)(ii) of examine stages in the marketing process discretion to refrain from applying the the Act, as well as for differences in and selling functions along the chain of special rule in circumstances where, as circumstances of sale (‘‘COS’’) in distribution between the producer and here, the value-added, while above the accordance with section 773(a)(6)(C)(iii) the customer. If the comparison-market 65 percent threshold, is simple to of the Act and 19 C.F.R. 351.410. We sales are at a different LOT, and the calculate and does not present an made COS adjustments by deducting difference affects price comparability, as administrative burden. Moreover, we do direct selling expenses incurred for manifested in a pattern of consistent not agree with Dupont that applying our home market sales (i.e., credit expenses) price differences between the sales on standard methodology will result in and adding U.S. direct selling expenses which NV is based and comparison- inaccurate and distortive results. (i.e., credit expenses and bank charges). market sales at the LOT of the export transaction, we make an LOT However, we may revisit our DuPont preliminary decision to include the adjustment under section 773(a)(7)(A) of further-manufactured sales in our We calculated NV based on packed, the Act. Finally, for CEP sales, if the NV analysis based on our findings at delivered prices to unaffiliated level is more remote from the factory verification. purchasers in Australia. We made than the CEP level and there is no basis adjustments for movement expenses for determining whether the difference Normal Value (i.e., brokerage and handling fees, ocean in the levels between NV and CEP In order to determine whether there freight, and inland freight) in affects price comparability, we adjust was a sufficient volume of sales in the accordance with section 773(a)(6)(B) of NV under section 773(a)(7)(B) of the Act home market to serve as a viable basis the Act. In addition, we made (the CEP offset provision). See Notice of for calculating NV, we compared each adjustments for differences in cost Final Determination of Sales at Less respondent’s volume of home market attributable to differences in physical Than Fair Value: Certain Cut-to-Length sales of the foreign like product to the characteristics of the merchandise Carbon Steel Plate from South Africa, volume of U.S. sales of the subject pursuant to section 773(a)(6)(C)(ii) of 62 FR 61731 (November 19, 1997). merchandise, in accordance with the Act, as well as for differences in Chang Chun reported one channel of section 773(a)(1)(C)(ii) of the Act. For COS in accordance with section distribution for its U.S. and home Chang Chun, we determined that the 773(a)(6)(C)(iii) of the Act and 19 C.F.R. market sales. Based on our analysis of quantity of foreign like product sold in 351.410. We made COS adjustments by the selling functions, we found that the the exporting country was sufficient to deducting direct selling expenses selling activities performed in both the permit a proper comparison with the incurred for third-country market sales home market and the United States were sales of the subject merchandise to the (i.e., credit expenses) and adding U.S. similar. Therefore, we have found that United States because Chang Chun had direct selling expenses (i.e., credit sales in both markets are at the same Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6045

LOT and consequently no LOT (March 25, 1994)). Therefore, pursuant comparison market prices, less any adjustment is warranted. to section 773(b)(1) of the Act, we applicable movement charges, DuPont reported one customer initiated a COP investigation of sales by discounts, rebates, commissions and category and one channel of distribution Chang Chun in the home market. other direct and indirect selling for its third-country market sales. For its We conducted the COP analysis expenses. CEP sales to the United States, it described below. reported three customer categories and C. Results of the COP Test A. Calculation of COP three channels of distribution Pursuant to section 773(b)(2)(C), corresponding to each customer In accordance with section 773(b)(3) where less than 20 percent of the category. Based on our analysis, we of the Act, we calculated the weighted- respondent’s sales of a given product found that all of its CEP sales comprise average COP, by grade, based on the were made at prices below the COP, we a single level of trade. sum of the cost of materials and did not disregard any below-cost sales For Dupont’s CEP sales, after making fabrication, selling, general and of that product because we determined the appropriate deductions under the administrative (‘‘SG&A’’) expenses, and that the below-cost sales were not made section 772(d) of the Act, we found that packing costs. For Chang Chun, we in ‘‘substantial quantities.’’ Where 20 there are no selling expenses or relied on the submitted COPs. percent or more of the respondent’s functions associated with selling Chang Chun purchased a major input sales of a given product were made at activities performed by Dupont that are (i.e., vinyl acetate monomer (‘‘VAM’’)) prices below the COP, we disregarded reflected in the CEP price. In contrast, for PVA from an affiliated party. Section the below-cost sales because such sales the NV LOT is more remote from the 773(f)(3) of the Act indicates that, if were found to be made within an factory than the CEP LOT, and NV transactions between affiliated parties extended period of time in ‘‘substantial prices include the indirect selling involve a major input, then the quantities’’ in accordance with sections expenses attributable to selling activities Department may value the major input 773(b)(2)(B) and (C) of the Act, and performed by DuPont for the third- based on the COP if the cost is greater because the below cost sales of the country market such as sales support than the amount (higher of transfer price product were at prices which would not functions. Accordingly, we have or market price) that would be permit recovery of all costs within a concluded that CEP is at a different LOT determined under section 773(f)(2) of reasonable period of time, in accordance from the third-country market LOT. the Act. Section 773(f)(3) of the Act with section 773(b)(2)(D) of the Act. We then examined whether a LOT applies if the Department ‘‘has For Chang Chun, we found that adjustment or CEP offset may be reasonable grounds to believe or suspect certain comparison-market sales of PVA appropriate. In this case, DuPont only that an amount represented as the value products were made at below-COP sold at one LOT in the third-country of such input is less than the COP of prices in substantial quantities within market; therefore, there is no such input.’’ The Department generally an extended period of time and at prices information available to determine a finds that such ‘‘reasonable grounds’’ which would not permit recovery of LOT adjustment between LOTs with exist where it has initiated a COP costs within a reasonable period of time. respect to the foreign like product. investigation of the subject Preliminary Results of Review Further, we do not have information merchandise. See Notice of Final which would allow us to examine Determination of Sales at Less Than As a result of this review, we pricing patterns based on respondent’s Fair Value: Stainless Steel Wire Rod preliminarily determine that the sales of other products, and there are no from Sweden, 63 FR 40449, 40454 (July following margin exists for the period other respondents or other record 29, 1998) (Comment 1). May 1, 1997, through April 30, 1998: information on which such an analysis Because a COP investigation is being Margin could be based. Accordingly, because conducted in this case, the Department Manufacturer/exporter (percent) the data available do not provide an requested in its Section D questionnaire appropriate basis for making a LOT that Chang Chun provide COP Chang Chun Petrochemical Cor- adjustment, but the LOT in the third- information for VAM. That cost poration ...... 0.00 country is at a more advanced stage of information was provided by Chang E.I. du Pont de Nemours & Co .... 0.00 distribution than the LOT of the CEP, Chun in its Section D response. For we made a CEP offset adjustment in purposes of our analysis, we used the Parties to the proceeding may request accordance with section 773(a)(7)(B) of per-unit costs as reported by Chang disclosure within five days of the date the Act. Chun, which included the cost of VAM of publication of this notice. Any based on the transfer price, which is a interested party may request a hearing Cost of Production Analysis (‘‘COP’’) higher price than the market price or its within 30 days of publication. Any For Chang Chun, because we affiliate’s COP. hearing, if requested, will be held 44 disregarded sales below the COP in the days after the date of publication or the last completed segment of the B. Test of Home Market Prices first business day thereafter. proceeding (i.e., the first administrative We compared the weighted-average Issues raised in hearings will be review), we had reasonable grounds to COP for Chang Chun, adjusted where limited to those raised in the respective believe or suspect that sales of the appropriate, to the comparison market case briefs and rebuttal briefs. Case foreign product under consideration for sales of the foreign like product as briefs from interested parties and the determination of NV in this review required under section 773(b) of the Act, rebuttal briefs, limited to the issues may have been made at prices below the in order to determine whether these raised in the respective case briefs, may COP, as provided by section sales had been made at prices below the be submitted not later than 30 days and 773(b)(2)(A)(ii) of the Act. For DuPont, COP within an extended period of time 37 days, respectively, from the date of because DuPont had no sales below the in substantial quantities, and whether publication of these preliminary results. COP in the last review, we did not such prices were sufficient to permit the Parties who submit case briefs or initiate a COP investigation (see Policy recovery of all costs within a reasonable rebuttal briefs in this proceeding are Bulletin No. 94.1, Cost of Production— period of time. On a grade-specific requested to submit with each argument Standards for Initiation of Inquiry basis, we compared the COP to the (1) a statement of the issue and (2) a 6046 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices brief summary of the argument. Parties instruct the Customs Service to assess We have preliminarily determined are also encouraged to provide a antidumping duties on all appropriate that respondent’s margin should be summary of the arguments not to exceed entries covered by this review if any based on total adverse facts available. If five pages and a table of statutes, importer-specific assessment rate these preliminary results are adopted in regulations and cases cited. calculated in the final results of this our final results of administrative The Department will subsequently review is above de minimis. For Chang review, we will instruct the Customs issue the final results of this Chun, for duty assessment purposes, we Service to assess antidumping duties administrative review, including the will calculate importer-specific based on the selected adverse facts- results of its analysis of issues raised in assessment rates by aggregating the available rate. any such written briefs or at the hearing, dumping margins calculated for all U.S. We invite interested parties to if held, not later than 120 days after the sales to each importer and dividing this comment on these preliminary results. date of publication of this notice. amount by the total entered value of the Parties who submit comments in this Interested parties who wish to request same sales. In order to estimate the proceeding are requested to submit with a hearing or to participate if one is entered value, we will subtract each argument (1) a statement of the requested, must submit a written international movement expenses from issue and (2) a brief summary of the request to the Assistant Secretary for the gross sales value. For DuPont, we argument. Import Administration, Room B–099, will calculate an assessment rate by EFFECTIVE DATE: February 8, 1999. within 30 days of the date of publication aggregating the dumping margins of this notice. Requests should contain: FOR FURTHER INFORMATION CONTACT: calculated for all U.S. sales examined Larry Tabash at (202) 482–5047 or Robin (1) the party’s name, address and and dividing this amount by the total telephone number; (2) the number of Gray at (202) 482–4023, Import entered value of the sales examined Administration, International Trade participants; and (3) a list of issues to be This notice serves as a preliminary discussed. Administration, U.S. Department of reminder to importers of their Commerce, 14th and Constitution Cash Deposit and Assessment responsibility under 19 CFR Avenue, N.W., Washington, D.C. 20230. 351.402(f)(2) to file a certificate Requirements SUPPLEMENTARY INFORMATION: regarding the reimbursement of The following deposit requirements will be effective upon publication of the antidumping duties prior to liquidation The Applicable Statute final results of this antidumping duty of the relevant entries during this Unless otherwise indicated, all review for all shipments of PVA from review period. Failure to comply with citations to the Tariff Act of 1930, as Taiwan, entered or withdrawn from this requirement could result in the amended (the Act), are references to the warehouse, for consumption on or after Secretary’s presumption that provisions effective January 1, 1995, the the publication date, as provided by reimbursement of antidumping duties effective date of the amendments made section 751(a) of the Act: (1) the cash occurred and the subsequent assessment to the Act by the Uruguay Round deposit rates for the reviewed of double antidumping duties. Agreements Act. In addition, unless companies will be those established in This administrative review and notice otherwise indicated, all citations to the the final results of this review; (2) for are in accordance with sections Department of Commere’s (the exporters not covered in this review, but 751(a)(1) of the Act and 19 CFR 351.213. Department’s) regulations are to 19 CFR covered in the LTFV investigation or Dated: February 1, 1999. Part 351 (1998). prior reviews, the cash deposit rate will Robert S. LaRussa, Case History continue to be the company-specific rate Assistant Secretary for Import from the LTFV investigation or the prior Administration. On June 29, 1998, the Department review; (3) if the exporter is not a firm [FR Doc. 99–2996 Filed 2–5–99; 8:45 am] published in the Federal Register (63 covered in this review, a prior review, BILLING CODE 3510±DS±P FR 35188) the antidumping duty order or the original LTFV investigation, but on certain welded carbon steel pipes the manufacturer is, the cash deposit and tubes from India. In accordance rate will be the rate established for the DEPARTMENT OF COMMERCE with 19 CFR 351.213, we published a most recent period for the manufacturer notice of initiation of administrative of the merchandise; and (4) the cash International Trade Administration review of this antidumping duty order deposit rate for all other manufacturers [A±533±502] for the period May 1, 1997, through or exporters will continue to be 19.21 April 30, 1998. This review covers one percent, the ‘‘All Others’’ rate made Notice of Preliminary Results of the manufacturer/exporter, Rajinder Pipes effective by the LTFV investigation. Antidumping Duty Administrative Ltd. (Rajinder). The Department is These requirements, when imposed, Review: Certain Welded Carbon Steel conducting this administrative review shall remain in effect until publication Pipes and Tubes From India in accordance with section 751(a) of the of the final results of the next Act. administrative review. AGENCY: Import Administration, On September 17, 1998, the The Department shall determine and International Trade Administration, petitioners alleged that Rajinder made the Customs Service shall assess Department of Commerce. home-market sales of subject antidumping duties on all appropriate SUMMARY: In response to requests from merchandise at prices below the cost of entries. The Department will issue interested parties, the Department of production (COP). On October 19, 1998, appropriate appraisement instructions Commerce is conducting an we concluded that petitioners’ directly to the Customs Service upon administrative review of the allegation provided us with reasonable completion of this review. The final antidumping duty order on certain grounds to believe or suspect that results of this review shall be the basis welded carbon steel pipes and tubes Rajinder made below-cost sales in the for the assessment of antidumping from India. This review covers one home market within the meaning of duties on entries of merchandise manufacturer/exporter, Rajinder Pipes section 773(2)(a)(i) of the Act. Therefore, covered by this review and for future Ltd. The period of review is May 1, we initiated a COP investigation of deposits of estimated duties. We will 1997, through April 30, 1998. Rajinder’s home-market sales. On Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6047

October 21, 1998, we instructed of time. Accordingly, we believe that we The Department’s practice when Rajinder to respond to section D of the must resort to total facts available. selecting an adverse rate from among original questionnaire, which requests Section 776(a) of the Act provides the possible sources of information has cost information for the period currently that, if an interested party fails to been to ensure that the margin is under review. Despite numerous provide information requested by the sufficiently adverse ‘‘as to effectuate the extensions, Rajinder did not provide the Department by the deadlines for purpose of the facts available rule to requested cost information. submission of the information or in the induce respondents to provide the form and manner requested, the Department with complete and accurate Scope of Review Department shall use the facts otherwise information in a timely manner.’’ See The products covered by this review available in reaching the applicable Static Random Access Memory include circular welded non-alloy steel determination under this title. In this Semiconductors From Taiwan; Final pipes and tubes, of circular cross- review, as described below, Rajinder Determination of Sales at Less Than section, with an outside diameter of failed to provide a response to our COP Fair Value, 63 FR 8909, 8932 (February 0.372 inches or more but not more than questionnaire by the established 23, 1998). The Department will also 406.4 millimeters (16 inches) in outside deadline. consider the extent to which a party diameter, regardless of wall thickness, Section 782(e) of the Act provides that may benefit from its own lack of surface finish (black, galvanized, or the Department shall not decline to cooperation in selecting a rate. See painted), or end finish (plain end, consider whether the information Roller Chain Other Than Bicycle, From beveled end, threaded, or threaded and submitted by the respondent that is Japan; Notice of Final Results and coupled). These pipes and tubes are already on the record is usable. The Partial Recission of Antidumping Duty generally known as standard pipe, information that Rajinder failed to Administrative Review, 62 FR 69,472, though they may also be called provide would have been the first 60477 (November 10, 1997), and Certain structural or mechanical tubing in comprehensive cost information to be Welded Carbon Steel Pipes and Tubes certain applications. Standard pipes and used in the Department’s cost from Thailand: Final Results of tubes are intended for the low-pressure investigation. Thus, the information Antidumping Administrative Review, 62 conveyance of water, steam, natural gas, currently on the record is so incomplete FR 53808, 53820–21 (October 16, 1997). air and other liquids and gases in that it cannot serve as a reliable basis for In order to ensure that the rate is plumbing and heating systems, air- reaching preliminary results (see sufficiently adverse so as to induce conditioner units, automatic sprinkler Elemental Sulphur From Canada: Rajinder’s cooperation, we have systems, and other related uses. Preliminary Results of Antidumping assigned to Rajinder as adverse facts Standard pipe may also be used for light Duty Administrative Review, 62 FR 969 available a rate of 87.39 percent, the load-bearing and mechanical (January 7, 1997)). Therefore, in highest rate calculated for any applications, such as for fence tubing, accordance with section 776(a) of the respondent for any segment of this and for protection of electrical wiring, Act and 19 CFR 351.308 (a), we must proceeding. This rate was calculated for such as conduit shells. use facts otherwise available. the 88/89 administrative review of this The scope is not limited to standard In selecting facts otherwise available, order. Although Rajinder asked that we pipe and fence tubing or those types of section 776(b) of the Act authorizes the use old cost data as facts available for mechanical and structural pipe that are Department to use an adverse inference this review, because we do not have any used in standard pipe applications. All if the Department finds that an information concerning Rajinder’s carbon-steel pipes and tubes within the interested party failed to cooperate by current costs, we cannot determine if its physical description outlined above are not acting to the best of its ability to old cost data would be sufficiently included in the scope of this order, comply with requests for information. In adverse for use as facts available. except for line pipe, oil-country tubular the instant review, Rajinder submitted Therefore, we have not used it. goods, boiler tubing, cold-drawn or five extension requests in response to Section 776(c) of the Act directs the cold-rolled mechanical tubing, pipe and the original deadline issued for Department to corroborate, to the extent tube hollows for redraws, finished submission of its section D practicable, secondary information used scaffolding, and finished rigid conduit. questionnaire response. The reasons as facts available. To corroborate Imports of the products covered by cited for the extension requests changed secondary information, the Department this review are currently classifiable over time. Initially, the company cited will, to the extent practicable, examine under the following Harmonized Tariff several reasons for not submitting its the reliability and relevance of the Schedule subheadings: 61032, 61049, section D response including information used. However, unlike 7306.30.10, and 7306.30.50. Although, preparation of year-end reports, other types of information, such as the HTS item numbers are provided for problems with the telephone lines, and input costs or selling expenses, there are convenience and customs purposes, the insufficient staff. In the last two no independent sources for calculated Department’s written description of the extension requests, Rajinder cited a dumping margins. The only source for scope of this proceeding remains claim of labor unrest which Rajinder margins is an administrative dispositive. failed to substantiate. Even in light of determination. Thus, in an these extensions, Rajinder ultimately administrative review, if the Department Use of Facts Otherwise Available failed to submit the relevant cost chooses as total adverse facts available Because Rajinder has not provided the information for the record of this a calculated dumping margin from a requested cost information and has not review. Therefore, we have determined prior segment of the proceeding, it is not provided record evidence substantiating that Rajinder has failed to cooperate by necessary to question the reliability of its reasons for not responding to our not acting to the best of its ability to the margin from that time period. See, questionnaire, Rajinder has precluded comply with our request for information e.g., Elemental Sulphur from Canada: us from conducting an analysis to for this review. Consequently, pursuant Preliminary Results of Antidumping determine whether its comparison- to section 776(b) of the Act, the Duty Administrative Review, 62 FR at market (India) sales prices were below Department may use adverse inferences 971 (January 7, 1997), and Antifriction their respective COP in substantial when selecting from among the facts Bearings (Other than Tapered Roller quantities and over an extended period otherwise available. Bearings) and Parts Thereof from 6048 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

France, et al, 62 FR 2801 (January 15, results of this administrative review We are issuing and publishing this 1997). subsequently, including the results of its determination in accordance with As to the relevance of the margin used analysis of issues raised in any such sections 751(a)(1) and 777(i)(1) of the for adverse facts available, the written briefs or hearing. The Act. Department stated in Tapered Roller Department will issue final results of Dated: February 1, 1999. Bearings from Japan; Final Results of this review within 120 days of Robert S. LaRussa, Antidumping Duty Administrative publication of these preliminary results. Assistant Secretary for Import Review, 62 FR 47454 (September 9, The Department shall determine, and Administration. 1997), that it will consider information the Customs Service shall assess, [FR Doc. 99–2998 Filed 2–5–99; 8:45 am] reasonably at its disposal as to whether antidumping duties on all appropriate BILLING CODE 3510±DS±P there are circumstances that would entries. The Department will issue render a margin irrelevant. Where appraisement instructions directly to circumstances indicate that the selected the Customs Service. The final results of DEPARTMENT OF COMMERCE margin is not appropriate as adverse this review shall be the basis for the facts available, the Department will assessment of antidumping duties on National Oceanic and Atmospheric disregard the margin and determine an entries of merchandise covered by the Administration appropriate margin. See also, Fresh Cut review. [I.D. 020299E] Flowers from Mexico; Preliminary Furthermore, the following deposit Results of Antidumping Duty requirements will be effective for all New England Fishery Management Administrative Review, 60 FR 49567 shipments of the subject merchandise Council; Public Meetings (September 26, 1995). We have entered, or withdrawn from warehouse, AGENCY: determined that there is no evidence for consumption on or after the date of National Marine Fisheries Service (NMFS), National Oceanic and which would indicate that the rate is publication of the final results of this Atmospheric Administration (NOAA), irrelevant or inappropriate as an adverse administrative review, as provided by Commerce. facts available rate for Rajinder in the section 751(a)(1) of the Tariff Act: (1) instant review. Therefore, we have The cash-deposit rate for the reviewed ACTION: Public meeting. applied, as total adverse facts available, company will be the rate established in SUMMARY: The New England Fishery the 87.39 percent margin from the 1988/ the final results of this review; (2) for Management Council (Council) is 89 administrative review. previously reviewed or investigated For more detailed information on the scheduling a public meeting of its companies not listed above, the cash- Scientific and Statistical Committee use, selection, and corroboration of facts deposit rate will continue to be the available, please see the January 28, (SSC) in February, 1999 to consider company-specific rate published for the actions affecting New England fisheries 1999, decision memorandum from most recent period; (3) if the exporter is Laurie Parkhill to Richard W. Moreland, in the exclusive economic zone (EEZ). not a firm covered in this review, a prior Recommendations from this group will which is available in the Central review, or the original less-than-fair- be brought to the full Council for formal Records Unit, Import Administration, value (LTFV) investigation, but the consideration and action, if appropriate. B–099, Main Commerce Building, manufacturer is, the cash-deposit rate Washington, DC, 20230. DATES: The meeting will be held on will be the rate established for the most Tuesday, February 23, 1999. See Preliminary Results of the Review recent period for the manufacturer of SUPPLEMENTARY INFORMATION for specific the merchandise; and (4) the cash- As a result of this review, we dates and times. deposit rate for all other manufacturers preliminarily determine the weighted- ADDRESSES: The meeting will be held in or exporters will continue to be 7.08 average dumping margin (in percent) for Peabody, MA. See SUPPLEMENTARY percent, the ‘‘All Others’’ rate made the period May 1, 1997, through April INFORMATION for specific location. effective by the final determination of 30, 1998, to be as follows. FOR FURTHER INFORMATION CONTACT: Paul sales at LTFV, as explained in the 1995/ J. Howard, Executive Director, New Company 96 new shipper review of this order. See England Fishery Management Council Certain Welded Carbon Standard Steel Rajinder Pipes Ltd.—87.39 (781) 231–0422. Requests for special Pipes and Tubes From India; Final Any interested party may request a accommodations should be addressed to Results of New Shipper Antidumping hearing within 30 days of publication. the New England Fishery Management Duty Administrative Review, 62 FR Any hearing, if requested, will be held Council, 5 Broadway, Saugus, 47632, 47644 (September 10, 1997). 37 days after the publication of this Massachusetts 01906–1036; telephone: notice, or the first workday thereafter. These deposit requirements, when (781) 231–0422. imposed, shall remain in effect until Issues raised in hearings will be limited SUPPLEMENTARY INFORMATION: to those raised in the respective case publication of the final results of the and rebuttal briefs. Interested parties next administrative review. Meeting Dates and Agendas may submit case briefs within 30 days This notice also serves as a reminder Tuesday, February 23, 1999, 9:30 of the date of publication of this notice. to importers of their responsibility a.m.—Scientific and Rebuttal briefs, which must be limited under 19 CFR 351.402(f) to file a to issues raised in the case briefs, may certificate regarding the reimbursement Statistical Committee Meeting be filed not later than 35 days after the of antidumping duties prior to Location: Holiday Inn, One Newbury date of publication of this notice. liquidation of the relevant entries Street, Peabody, MA 01960; telephone: Parties who submit case briefs or during this review period. Failure to (978) 535–4600. rebuttal briefs in this proceeding are comply with this requirement could Agenda: The SSC will evaluate the requested to submit with each argument result in the Department’s presumption adequacy of scallop biomass and yield (1) a statement of the issue and (2) a that reimbursement of antidumping estimates, data on groundfish bycatch, brief summary of the argument with an duties occurred and the subsequent and habitat information for developing electronic version included. The assessment of double antidumping management options to allow fishing for Department will publish the final duties. scallops in the groundfish closed areas. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6049

Although other issues not contained in which agenda items will be Thursday, February 25, 1999, 8:30 a.m. in this agenda may come before this addressed may change. Cost/benefit analysis of proposed Committee for discussion, in accordance Monday, February 22, 1999, 9:00 a.m. measures with the Magnuson-Stevens Fishery Conservation and Management Act, A. Summary of recent activities (1) Ecological impacts of management those issues may not be the subject for (1) Hawaii Humpback Whale National options (3.1) formal action during this meeting. Marine Sanctuary (2) Economic impacts of management Action will be restricted to those issues (2) Marine & Coastal Zone options (3.2) specifically listed in this notice. Management Advisory Group (3) Social impacts of management (MACZMAG) Special Accommodations options (3.3) This meeting is physically accessible (3) President’s Ocean Initiative Friday, February 26, 1999, 8:30 a.m. to people with disabilities. Requests for (NOAA priorities) sign language interpretation or other B. Refinement of Essential Fish Habitat A. Supporting information auxiliary aids should be directed to Paul (EFH) J. Howard (see ADDRESSES) at least 5 (1) Description of management unit (1) Summary of EFH designations for days prior to the meeting date. ‘‘stocks’’ (4.1) Bottomfish, Crustaceans, Pelagics and Dated: February 3, 1999. Precious Corals FMPs (2) Description of habitat of Richard W. Surdi, (2) EFH needs of developing Coral management unit ‘‘stocks’’ (4.2) Acting Director, Office of Sustainable Reef Ecosystem FMP (3) Description of fishing affecting Fisheries, National Marine Fisheries Service. (3) Fishing gear impacts to EFH management unit ‘‘stocks’’ (4.3) [FR Doc. 99–2994 Filed 2–5–99; 8:45 am] (4) Non-fishing impacts to EFH (4) Description of economic BILLING CODE 3510±22±F (5) Habitat Areas of Particular characteristics (4.4) Concern (HACPs) (5) Description of socioeconomic (6) EFH consultation process aspects of fishing industries/ DEPARTMENT OF COMMERCE (7) Mapping of EFH, including the communities (4.5) Global Information System National Oceanic and Atmospheric (8) Magnuson-Stevens Fishery (6) Description of social and cultural Administration Conservation and Management Act framework of fishing industries/ [I.D. 020299A] (Magnuson-Stevens) reauthorization communities (4.6) of EFH mandate B. Possible refinements of FMP outline Western Pacific Fishery Management (9) Council’s EFH-related funding Council; Public Meetings needs (1) Assignments for next iteration of draft FMP AGENCY: National Marine Fisheries C. Marine debris from fisheries Service (NMFS), National Oceanic and impacting habitat (2) Timetable for completion of next iteration Atmospheric Administration (NOAA), Review of problem Commerce. C. Coral reef funding priorities ACTION: Notice of public meetings. D. Fishery interactions with monk seals (1) Northwestern Hawaiian Islands (1) Assessment and monitoring SUMMARY: The Western Pacific Fishery (NWHI) lobster fishery (2) Research Council (Council) will hold separate (2) NWHI precious coral fishery meetings of its Ecosystem and Habitat (3) Hawaii bottomfish fishery D. Scheduling of next meeting Advisory Panel (EHAP) and its Coral Reef Ecosystem Plan Team (CREPT) in E. Program Plan (Milestones) Although other issues not contained Honolulu, Hawaii. in this agenda may come before the Review of revised version EHAP and CREPT for discussion, in DATES: The EHAP meeting will be held on February 22–23, 1999, from 9:00 a.m. Tuesday, February 23, 1999, 8:00 a.m. accordance with the Magnuson-Stevens Act, those issues may not be the subject to 5:00 p.m., on February 22, and from Draft coral reef ecosystem FMP 8:00 a.m. to 12:00 noon on February 23. of formal action during these meetings. The CREPT meeting will be held on Review of preliminary draft Action will be restricted to those issues specifically identified in the agenda February 24–26, 1999, from 8:30 a.m. to Wednesday, February 24, 1999, 8:30 listed in this notice. 5:00 p.m., each day. a.m. ADDRESSES: Both meetings will be held (1) Reports on recent meetings Special Accommodations at the Council’s conference room, 1164 (2) Draft Coral Reef Ecosystem FMP Bishop St., Suite 1400, Honolulu, This meeting is physically accessible Hawaii; telephone: (808–522–8220). Fishery management program (section to people with disabilities. Requests for Council address: Western Pacific outlines are in parentheses, below) sign language interpretation or other Fishery Management Council, 1164 auxiliary aids should be directed to (1) Problems for resolution (2.1) Kitty M. Simonds, 808–522–8220 Bishop St., Suite 1400, Honolulu, HI, (2) Management objectives (2.2) 96813. (voice) or 808–522–8226 (fax), at least 5 (3) Management unit (2.3) days prior to meeting date. FOR FURTHER INFORMATION CONTACT: (4) Habitat issues (2.4) Kitty M. Simonds, Executive Director; (5) Management alternatives (2.5) Dated: February 2, 1999. telephone 808–522–8220. (6) Reef resource development (2.6) Gary C. Matlock, SUPPLEMENTARY INFORMATION: The EHAP (7) Impact of management options Director, Office of Sustainable Fisheries, and CREPT will discuss and may make (2.7) National Marine Fisheries Service. recommendations to the Council on the (8) Recommended management [FR Doc. 99–2995 Filed 2–5–99; 8:45 am] agenda items below; however, the order measures (2.8) BILLING CODE 3510±22±F 6050 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DEPARTMENT OF COMMERCE through other holidays, the time for of Technology Policy, Technology submission of nominations is being Administration, Department of Technology Administration extended through March 19, 1999 to Commerce, Room 4821, Washington, DC [Docket No. 980529140±9024±02] allow for further public dissemination 20230. and consideration. FOR FURTHER INFORMATION CONTACT: Cooperation Between the Technology Kelly H. Carnes, Cathy Campbell, telephone 202–482– Administration of the United States 6351; fax 202–501–6849; e-mail Deputy Assistant Secretary for Technology l Department of Commerce and the Policy. Cathy [email protected]. Ministry of Science and Technology of [FR Doc. 99–2763 Filed 2–5–99; 8:45 am] SUPPLEMENTARY INFORMATION: On the People's Republic of China; Civil BILLING CODE 3510±18±P November 12, 1998, the Department of Industrial Technology Coordinating Commerce published two notices in the Committee Federal Register requesting AGENCY: Technology Administration, DEPARTMENT OF COMMERCE nominations for two joint bodies created U.S. Department of Commerce. under various memorandums of Technology Administration understanding or other agreements with ACTION: Notice: Re-opening of time for Greece and Northern Ireland. This requests for nominations for the [Docket No. 980529139±9025±02] Federal Register notice was published coordinating committee. The United States-Greek Initiative for on November 12, 1998 (63 FR 63294). SUMMARY: The Technology Technology Cooperation with the The notices provide additional Administration invites nominations of Balkans; Joint Science and information on the goals of the individuals for appointment to the Civil Technology Cooperation Council; agreements, the scope of the activities Industrial Technology Coordinating Cooperation Between the Technology contemplated under them, and relevant Committee established under the Administration of the United States information on the joint bodies, Implementing Arrangement Concerning Department of Commerce and the including the functions of the members Cooperation in Civil Industrial Industrial Research and Technology of the bodies and membership criteria Technology between the U.S. Unit of the Northern Ireland and requirements. Nominations were Department of Commerce and the Department of Economic Development requested on or before January 8, 1998. Peoples’ Republic of China’s Ministry of Joint Board on Scientific and Because the notices were published Science and Technology. The Technological Cooperation shortly before a major U.S. holiday and Technology Administration will extended through other holidays, the AGENCY: Technology Administration, consider all nominations received in time for submission of nominations is U.S. Department of Commerce. response to this notice of appointment being extended through February 26, to the Committee. ACTION: Notice: Re-opening of time for 1999 to allow for further public requests for nominations for the Joint DATES: Please submit nominations on or dissemination and consideration. Council and the Joint Board. before March 19, 1999. Kelly H. Carnes, ADDRESSES: Please submit nominations SUMMARY: The Technology Deputy Assistant Secretary for Technology for the United States-China Civil Administration invites nominations of Policy. Industrial Technology Coordinating individuals to appointment to the Joint [FR Doc. 99–2764 Filed 2–5–99; 8:45 am] Committee to Phyllis Yoshida, Office of Science and Technology Cooperation BILLING CODE 3510±18±P Technology Policy, Technology Council established under a Administration, Department of Memorandum of Understanding on Commerce, Room 4411, Washington, DC technology cooperation between the COMMITTEE FOR THE 20230. Nominations may also be United States Department of Commerce IMPLEMENTATION OF TEXTILE submitted by fax to 202–219–3310. and the Greek Ministry of National AGREEMENTS FOR FURTHER INFORMATION CONTACT: Economy concerning technology Establishment of Import Restraint Phyllis Yoshida, telephone 202–482– cooperation with the Balkans and the appointment to the Joint Board on Limits for Certain Cotton, Wool and 1287; fax 202–219–3310; e-mail Man-Made Fiber Textile Products [email protected]. Scientific and Technological Cooperation established under a Produced or Manufactured in SUPPLEMENTARY INFORMATION: On Cambodia November 12, 1998, the Department of Memorandum of Understanding on Commerce published a notice in the technology cooperation between the February 1, 1999. Federal Register requesting Technology Administration of the AGENCY: Committee for the nominations for Committee created Department of Commerce and the Implementation of Textile Agreements under a memorandum of understanding Northern Ireland Industrial Research (CITA). and Technology Unit. The Technology with China. This Federal Register ACTION: Issuing a directive to the Administration will consider all notice was published on November 12, Commissioner of Customs establishing nominations received in response to this 1998 (63 FR 63294). The notice provides limits. additional information on the goal of the notice of appointment to the two joint agreement, the scope of the proposed bodies. EFFECTIVE DATE: February 10, 1999. activities, and relevant information on DATES: Please submit nominations on or FOR FURTHER INFORMATION CONTACT: Roy the Committee, including the functions before February 26, 1999. Unger, International Trade Specialist, of the members of the bodies and ADDRESSES: Please submit nominations Office of Textiles and Apparel, U.S. membership criteria and requirements. for the United States-Greece Joint Department of Commerce, (202) 482– Nominations were requested on or Council and the United States-Northern 4212. For information on the quota before January 8, 1999. Because this Ireland Joint Board to Cathy Campbell, status of these limits, refer to the Quota notice was published shortly before a Director, Office of International Status Reports posted on the bulletin major U.S. holiday and extended Technology Policy and Programs, Office boards of each Customs port, call (202) Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6051

927–5850, or refer to the U.S. Customs extends through October 28, 1999 (Categories COMMITTEE FOR THE website at http:// 331/631) and the period which began on IMPLEMENTATION OF TEXTILE www.customs.ustreas.gov. For October 28, 1998 and extends through AGREEMENTS information on embargoes and quota re- October 27, 1999 (Categories 338/339 and openings, call (202) 482–3715. 345). Adjustment of an Import Limit for Furthermore, you are directed to prohibit, Certain Cotton and Man-Made Fiber SUPPLEMENTARY INFORMATION: effective on February 10, 1999, entry into the Textile Products Produced or Authority: Section 204 of the Agricultural United States for consumption and Manufactured in El Salvador Act of 1956, as amended (7 U.S.C. 1854); withdrawal from warehouse for consumption Executive Order 11651 of March 3, 1972, as of cotton, wool and man-made fiber textile February 1, 1999. amended. products in the following categories, AGENCY: Committee for the Pursuant to the bilateral textile produced or manufactured in Cambodia and Implementation of Textile Agreements agreement of January 20, 1999, the exported during the twelve-month period (CITA). which began on January 1, 1999 and extends Governments of the United States and ACTION: Issuing a directive to the through December 31, 1999, in excess of the Cambodia agreed to limits for certain Commissioner of Customs increasing a following levels of restraint: cotton, wool and man-made fiber textile limit. products, produced or manufactured in Category Twelve-month limit 1 Cambodia and exported to the United EFFECTIVE DATE: February 10, 1999. States during three one-year periods 331/631 ...... 1,550,000 dozen pairs. FOR FURTHER INFORMATION CONTACT: beginning on January 1, 1999 and 334/634 ...... 170,000 dozen. Naomi Freeman, International Trade extending through December 31, 2001. 335/635 ...... 65,000 dozen. Specialist, Office of Textiles and This directive cancels and supersedes 338/339 ...... 2,500,000 dozen. Apparel, U.S. Department of Commerce, the previous limits for Categories 331/ 340/640 ...... 750,000 dozen. (202) 482–4212. For information on the 631 set forth in Federal Register notice 345 ...... 94,000 dozen. quota status of this limit, refer to the 63 FR 57666 published on October 28, 347/348/647/648 ...... 3,000,000 dozen. Quota Status Reports posted on the 1998; and 338/339 and 345 set forth in 352/652 ...... 600,000 dozen. bulletin boards of each Customs port, Federal Register notice 63 FR 71620 438 ...... 90,000 dozen. call (202) 927–5850, or refer to the U.S. published on December 29, 1998. 445/446 ...... 110,000 dozen. Customs website at http:// In the letter published below, the 638/639 ...... 900,000 dozen. www.customs.ustreas.gov. For Chairman of CITA directs the 645/646 ...... 250,000 dozen. information on embargoes and quota re- Commissioner of Customs to establish 1 These limits have not been adjusted to ac- openings, call (202) 482–3715. the 1999 limits. count for any imports exported after December SUPPLEMENTARY INFORMATION: These limits may be revised if 31, 1998. Cambodia becomes a member of the Authority: Section 204 of the Agricultural The limits set forth above are subject to Act of 1956, as amended (7 U.S.C. 1854); World Trade Organization (WTO) and adjustment pursuant to the current bilateral Executive Order 11651 of March 3, 1972, as the United States applies the WTO agreement between the Governments of the amended. agreement to Cambodia. limits. United States and Cambodia. A description of the textile and Textile products in the above categories The current limit for Categories 342/ apparel categories in terms of HTS which have been exported to the United 642 is being increased for carryover. numbers is available in the States prior to January 1, 1999 shall not be A description of the textile and CORRELATION: Textile and Apparel subject to this directive. apparel categories in terms of HTS Categories with the Harmonized Tariff Textile products in those same categories numbers is available in the Schedule of the United States (see which have been released from the custody CORRELATION: Textile and Apparel Federal Register notice 63 FR 71096, of the U.S. Customs Service nunder the Categories with the Harmonized Tariff published on December 23, 1998). provisions of 19 U.S.C. 1448(b) or 1484(a)(1) Schedule of the United States (see prior to the effective date of this directive Federal Register notice 63 FR 71096, Troy H. Cribb, shall not be denied entry under this published on December 23, 1998). Also Chairman, Committee for the Implementation directive. see 63 FR 70108, published on of Textile Agreements. These limits may be revised if Cambodia December 18, 1998. Committee for the Implementation of Textile becomes a member of the World Trade Troy H. Cribb, Agreements Organization (WTO) and the United States Chairman, Committee for the Implementation applies the WTO agreement to Cambodia. February 1, 1999. of Textile Agreements. Commissioner of Customs, Import charges will be provided at a later date. Committee for the Implementation of Textile Department of the Treasury, Washington, DC In carrying out the above directions, the Agreements 20229. Commissioner of Customs should construe Dear Commissioner: Pursuant to section February 1, 1999. 204 of the Agricultural Act of 1956, as entry into the United States for consumption Commissioner of Customs, amended (7 U.S.C. 1854); and Executive to include entry for consumption into the Department of the Treasury, Washington, DC Order 11651 of March 3, 1972, as amended; Commonwealth of Puerto Rico. 20229. and the Bilateral Textile Agreement of The Committee for the Implementation of Dear Commissioner: This directive January 20, 1999 between the Governments Textile Agreements has determined that amends, but does not cancel, the directive of the United States and Cambodia. This these actions fall within the foreign affairs issued to you on December 14, 1998, by the directive cancels and supersedes the exception of the rulemaking provisions of 5 Chairman, Committee for the Implementation directives issued to you on October 22, 1998 U.S.C. 553(a)(1). of Textile Agreements. That directive and December 22, 1998, by the Chairman, Sincerely, concerns imports of certain cotton and man- Committee for the Implementation of Textile Troy H. Cribb, made fiber textile products, produced or Agreements. These directives concern manufactured in El Salvador and exported Chairman, Committee for the Implementation imports of certain cotton and man-made fiber during the period which began on January 1, of Textile Agreements. textile products, produced or manufactured 1999 and extends through March 28, 1999. in Cambodia and exported during the period [FR Doc. 99–2879 Filed 2–5–99; 8:45 am] Effective on February 10, 1999, you are which began on October 29, 1998 and BILLING CODE 3510±DR±F directed to increase the current limit for 6052 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Categories 342/642 to 99,427 dozen 1, as organization, government agency, or the identities of the purchasers of their provided for under the Uruguay Round business firm. The staff reserves the products? Agreement on Textiles and Clothing. right to limit the number of persons who The staff expects to explore these and The guaranteed access level for Categories participate and the duration of their other related issues during the forum. 342/642 remains unchanged. The Committee for the Implementation of presentations. Some companies have been highly Textile Agreements has determined that this ADDRESSES: The forum will be in Room successful in assembling purchaser action falls within the foreign affairs 420, CPSC’s Hearing Room of the East- information through use of warranty exception of the rulemaking provisions of 5 West Towers Building, 4330 East-West cards or other means. These companies U.S.C. 553(a)(1). Highway, Bethesda, MD. Written have been able to use this information Sincerely, comments, requests to make oral to achieve commendable return rates in Troy H. Cribb, presentations, and texts of oral the event of a recall. The staff Chairman, Committee for the Implementation presentations should be captioned particularly solicits participation from of Textile Agreements. ‘‘Purchaser Identification’’ and mailed such companies. [FR Doc. 99–3000 Filed 2–5–99; 8:45 am] to the Office of the Secretary, Consumer The staff also is aware that in certain BILLING CODE 3510±DR±F Product Safety Commission, instances, companies are required by Washington, D.C. 20207, or delivered to law to collect purchaser information. that office, Room 502, 4330 East-West For example, by regulation the CONSUMER PRODUCT SAFETY Highway, Bethesda, Maryland 20814. Department of Transportation has COMMISSION Comments, requests, and texts of oral facilitated the collection of such presentations may also be filed by information pertaining to car seats. 49 Identification of Purchasers of Certain telefacsimile to (301) 504–0127 or by e- CFR Part 588. The staff solicits Products; Public Forum mail to [email protected]. participation of car seat manufacturers, who could provide pertinent AGENCY: Consumer Product Safety FOR FURTHER INFORMATION CONTACT: Lawrence Hershman, Compliance information about their experience with Commission. registration cards. Similarly, by law, ACTION: Notice of public forum. Officer, Recalls and Compliance Division, U.S. Consumer Product Safety certain manufacturers of medical SUMMARY: On March 23, 1999, the Commission, Washington, D.C. 20207; devices must track their purchasers. 21 Consumer Product Safety Commission telephone (301) 504–0608, extension U.S.C. 360i(e). We solicit input from (‘‘CPSC’’) staff will convene a public 1356; fax (301) 504–0359; or Melissa such manufacturers, as well as from any forum to explore how recall Hampshire, Attorney, Office of the manufacturer required by federal, state effectiveness could be enhanced by General Counsel, U.S. Consumer or local law to identify product increased efforts to identify purchasers Product Safety Commission, purchasers and maintain that of consumer products through product Washington, D.C.; telephone (301) 504– information for some period of time. registration, warranty cards or other 0980, extension 2208; fax (301) 504– The Commission is conducting this means. The staff seeks written 0403. For information about the inquiry under Section 27(a) of the comments and oral presentations from schedule for submission of written CPSA, 15 U.S.C. 2076(a). individuals, associations, firms, and comments, requests to make oral Dated: February 2, 1999. government agencies with information presentations, and submission of texts Sadye E. Dunn, relevant to this topic. In addition, the of oral presentations, call or write Secretary, Consumer Product Safety staff is setting up panels of presenters Rockelle Hammond, Office of the Commission. made up of representatives of federal Secretary, Consumer Product Safety [FR Doc. 99–2844 Filed 2–5–99; 8:45 am] agencies that use product registration Commission, Washington, D.C. 20207; BILLING CODE 6355±01±U for recalls, industry members that use telephone (301) 504–0800, extension product registration cards, and 1232; fax (301) 504–0127. consumer organizations. SUPPLEMENTARY INFORMATION: The staff DEPARTMENT OF DEFENSE DATES: The forum will commence at believes that recall notification could be 9:30 a.m. on March 23, 1999. Requests facilitated if manufacturers were better GENERAL SERVICES to make oral presentations, and the text able to identify the purchasers of their ADMINISTRATION of the presentations, must be received products. More effective recall by the Office of the Secretary no later notification could lead to a higher NATIONAL AERONAUTICS AND than February 26, 1999. Persons proportion of products returned for SPACE ADMINISTRATION refund, repair or replacement. This, in planning to make presentations at the [OMB Control No. 9000±0053] forum should submit 10 copies of the turn, would enhance the safety of text of their prepared remarks to the American consumers. Proposed Collection; Comment Office of the Secretary no later than The staff has identified a number of Request Entitled Permits, Authorities, February 26 1999, and provide an issues: or Franchises Certification additional 50 copies for dissemination • What products might be best-suited on the date of the forum. Written for such a proposal? Should lines be AGENCIES: Department of Defense (DOD), comments that are in place of, or in drawn, and, if so, would they be based General Services Administration (GSA), addition to, oral presentations must be on product cost; durability; historic and National Aeronautics and Space received by the Office of the Secretary injury experience; intended users, such Administration (NASA). no later than March 5, 1999. Written as children; or other factors? ACTION: Notice of request for public • comments must include the author’s How could purchaser identification comments regarding an extension to an affiliation with, or employment or information be assembled in a cost- existing OMB clearance. sponsorship by, any professional effective and comprehensive manner? • What is the scope and extent of the SUMMARY: Under the provisions of the 1 The limit has not been adjusted to account for Commission’s legal authority to require Paperwork Reduction Act of 1995 (44 any imports exported after December 31, 1998. manufacturers to ascertain and maintain U.S.C. Chapter 35), the Federal Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6053

Acquisition Regulation (FAR) Dated: February 2, 1999. the full Uniform Freight Classification Secretariat will be submitting to the Edward C. Loeb, or National Motor Freight Classification. Office of Management and Budget Director, Federal Acquisition Policy Division. The information is used to determine (OMB) a request to review and approve [FR Doc. 99–2875 Filed 2–5–99; 8:45 am] the proper freight rate for the supplies. an extension of a currently approved BILLING CODE 6820±34±P B. Annual Reporting Burden information collection requirement concerning Permits, Authorities, or Public reporting burden for this Franchises Certification. The clearance DEPARTMENT OF DEFENSE collection of information is estimated to currently expires on May 31, 1999. average 10 minutes per response, DATES: Comments may be submitted on GENERAL SERVICES including the time for reviewing or before April 9, 1999. ADMINISTRATION instructions, searching existing data sources, gathering and maintaining the ADDRESSES: Comments regarding this data needed, and completing and burden estimate or any other aspect of NATIONAL AERONAUTICS AND SPACE ADMINISTRATION reviewing the collection of information. this collection of information, including The annual reporting burden is suggestions for reducing this burden, [OMB Control No. 9000±0055] estimated as follows: Respondents, should be submitted to: FAR Desk 2,640; responses per respondent, 3; total Proposed Collections; Comment Officer, OMB, Room 10102, NEOB, annual responses, 7,920; preparation Request Entitled Freight Classification Washington, DC 20503, and a copy to hours per response, .167; and total Description the General Services Administration, response burden hours, 1,323. FAR Secretariat (MVRS), 1800 F Street, AGENCIES: Department of Defense (DOD), Obtaining Copies of Proposals: NW, Room 4035, Washington, DC General Services Administration (GSA), Requester may obtain a copy of the 20405. and National Aeronautics and Space justification from the General Services FOR FURTHER INFORMATION CONTACT: Administration (NASA). Administration, FAR Secretariat Linda Klein, Federal Acquisition Policy ACTION: Notice of request for public (MVRS), Room 4035, 1800 F Street, NW, Division, GSA (202) 501–3775. comments regarding an extension to an Washington, DC 20405, telephone (202) SUPPLEMENTARY INFORMATION: existing OMB clearance. 208–7312. Please cite OMB Control No. 9000–0055, Freight Classification A. Purpose SUMMARY: Under the provisions of the Description, in all correspondence. This certification and copies of Paperwork Reduction Act of 1995 (44 Dated: February 2, 1999. authorizations are needed to determine U.S.C. Chapter 35), the Federal Edward C. Loeb, that the offeror has obtained all Acquisition Regulation (FAR) Director, Federal Acquisition Policy Division. authorizations, permits, etc., required in Secretariat will be submitting to the [FR Doc. 99–2877 Filed 2–5–99; 8:45 am] connection with transporting the Office of Management and Budget material involved. The contracting (OMB) a request to review and approve BILLING CODE 6820±34±P officer reviews the certification and any an extension of a currently approved documents requested to ensure that the information collection requirement DEPARTMENT OF DEFENSE offeror has complied with all regulatory concerning Freight Classification requirements and has obtained any Description. The clearance currently GENERAL SERVICES permits, licenses, etc., that are needed. expires on May 31, 1999. ADMINISTRATION B. Annual Reporting Burden DATES: Comments may be submitted on or before April 9, 1999. NATIONAL AERONAUTICS AND Public reporting burden for this ADDRESSES: Comments regarding this SPACE ADMINISTRATION collection of information is estimated to burden estimate or any other aspect of average 15 minutes for the first [OMB Control No. 9000±0057] this collection of information, including completion, 1 minute for subsequent suggestions for reducing this burden, Proposed Collection; Comment completions, or an average of 5.7 should be submitted to: FAR Desk Request Entitled Evaluation of Export minutes per completion, including the Officer, OMB, Room 10102, NEOB, Offers time for reviewing instructions, Washington, DC 20503, and a copy to searching existing data sources, the General Services Administration, AGENCIES: Department of Defense (DOD), gathering and maintaining the data FAR Secretariat (MVRS), 1800 F Street, General Services Administration (GSA), needed, and completing and reviewing NW, Room 4035, Washington, DC and National Aeronautics and Space the collection of information. Administration (NASA). The annual reporting burden is 20405. Please cite OMB Control No. 9000– ACTION: Notice of request for public estimated as follows: Respondents, 0055, Freight Classification Description, comments regarding an extension to an 1,106; responses per respondent, 3; total in all correspondence. existing OMB clearance. annual responses, 3,318; preparation hours per response, .094; and total FOR FURTHER INFORMATION CONTACT: SUMMARY: Under the provisions of the response burden hours, 312. Linda Klein, Federal Acquisition Policy Paperwork Reduction Act of 1995 (44 Obtaining Copies of Proposals: Division, GSA (202) 501–3775. U.S.C. Chapter 35), the Federal Requester may obtain a copy of the SUPPLEMENTARY INFORMATION: Acquisition Regulation (FAR) justification from the General Services Secretariat will be submitting to the Administration, FAR Secretariat A. Purpose Office of Management and Budget (MVRS), Room 4035, 1800 F Street, NW, When the Government purchases (OMB) a request to review and approve Washington, DC 20405, telephone (202) supplies that are new to the supply an extension of a currently approved 208–7312. Please cite OMB Control No. system, nonstandard, or modifications information collection requirement 9000–0053, Permits, Authorities, or of previously shipped items, and concerning Evaluation of Export Offers. Franchises Certification, in all different freight classifications may The clearance currently expires on May correspondence. apply, offerors are requested to indicate 31, 1999. 6054 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DATES: Comments may be submitted on Dated: February 2, 1999. shipment, applicable charges, marking or before April 9, 1999. Edward C. Loeb, of shipments, shipping documents and Director, Federal Acquisition Policy Division. other related items. This information is ADDRESSES: Comments regarding this [FR Doc. 99–2878 Filed 2–5–99; 8:45 am] required to ensure proper and timely burden estimate or any other aspect of shipment of Government supplies. this collection of information, including BILLING CODE 6820±34±P suggestions for reducing this burden B. Annual Reporting Burden should be submitted to: FAR Desk DEPARTMENT OF DEFENSE Public reporting burden for this Officer, OMB, Room 10102, NEOB, collection of information is estimated to Washington, DC 20503, and a copy to GENERAL SERVICES average .23 hours per response, the General Services Administration, ADMINISTRATION including the time for reviewing FAR Secretariat (MVRS), 1800 F Street, instructions, searching existing data NW, Room 4035, Washington, DC NATIONAL AERONAUTICS AND sources, gathering and maintaining the 20405. SPACE ADMINISTRATION data needed, and completing and reviewing the collection of information. FOR FURTHER INFORMATION CONTACT: [OMB Control No. 9000±0061] The annual reporting burden is Linda Klein, Federal Acquisition Policy estimated as follows: Respondents, Division, GSA (202) 501–3775. Proposed Collection; Comment Request Entitled Transportation 65,000; responses per respondent, 4.4; SUPPLEMENTARY INFORMATION: Requirements total annual responses, 286,000; preparation hours per response, .23; and A. Purpose AGENCIES: Department of Defense (DOD), total response burden hours, 65,780. General Services Administration (GSA), Offers submitted in response to Obtaining Copies of Proposals: and National Aeronautics and Space Government solicitations must be Requester may obtain a copy of the Administration (NASA). evaluated and awards made on the basis justification from the General Services ACTION: of the lowest laid down cost to the Notice of request for public Administration, FAR Secretariat comments regarding an extension to an (MVRS), Room 4035, 1800 F Street, NW, Government at the overseas port of existing OMB clearance. Washington, DC 20405, telephone (202) discharge, via methods and ports 208–7312. Please cite OMB Control No. compatible with required delivery dates SUMMARY: Under the provisions of the 9000–0061, Transportation and conditions affecting transportation Paperwork Reduction Act of 1995 (44 Requirements, in all correspondence. known at the time of evaluation. Offers U.S.C. Chapter 35), the Federal are evaluated on the basis of shipment Acquisition Regulation (FAR) Dated: February 2, 1999. through the port resulting in the lowest Secretariat will be submitting to the Edward C. Loeb, cost to the Government. This provision Office of Management and Budget Director, Federal Acquisition Policy Division. collects information regarding the (OMB) a request to review and approve [FR Doc. 99–2882 Filed 2–5–99; 8:45 am] vendor’s preference for delivery ports. an extension of a currently approved BILLING CODE 6820±34±P The information is used to evaluate information collection requirement offers and award a contract based on the concerning Transportation lowest cost to the Government. Requirements. The clearance currently DEPARTMENT OF DEFENSE expires on May 31, 1999. B. Annual Reporting Burden GENERAL SERVICES DATES: Comments may be submitted on ADMINISTRATION Public reporting burden for this or before April 9, 1999. collection of information is estimated to ADDRESSES: Comments regarding this NATIONAL AERONAUTICS AND average 30 minutes for the first burden estimate or any other aspect of SPACE ADMINISTRATION completion, 10 minutes for subsequent this collection of information, including completions, or an average of 15 suggestions for reducing this burden, [OMB Control No. 9000±0054] minutes per completion, including the should be submitted to: FAR Desk Proposed Collection; Comment time for reviewing instructions, Officer, OMB, Room 10102, NEOB, Washington, DC 20503 and a copy to the Request Entitled U.S.-Flag Air Carriers searching existing data sources, Certification gathering and maintaining the data General Services Administration, FAR needed, and completing and reviewing Secretariat (MVRS), 1800 F Street, NW, AGENCIES: Department of Defense (DOD), the collection of information. Room 4035, Washington, DC 20405. General Services Administration (GSA), FOR FURTHER INFORMATION CONTACT: The annual reporting burden is and National Aeronautics and Space Linda Klein, Federal Acquisition Policy estimated as follows: Respondents, 100; Administration (NASA). Division, GSA (202) 501–3775. responses per respondent, 4; total ACTION: Notice of request for public annual responses, 400; preparation SUPPLEMENTARY INFORMATION: comments regarding an extension to an hours per response, .25; and total A. Purpose existing OMB clearance. response burden hours, 100. FAR Part 47 and related clauses SUMMARY: Under the provisions of the Obtaining copies of proposals: contain policies and procedures for Paperwork Reduction Act of 1995 (44 Requester may obtain a copy of the applying transportation and traffic U.S.C. Chapter 35), the Federal justification from the General Services management considerations in the Acquisition Regulation (FAR) Administration, FAR Secretariat acquisition of supplies and acquiring Secretariat will be submitting to the (MVRS), Room 4035, 1800 F Street, NW, transportation or transportation-related Office of Management and Budget Washington, DC 20405, telephone (202) services. Generally, contracts involving (OMB) a request to review and approve 208–7312. Please cite OMB Control No. transportation require information an extension of a currently approved 9000–0057, Evaluation of Export Offers, regarding the nature of the supplies, information collection requirement in all correspondence. method of shipment, place and time of concerning U.S.-Flag Air Carriers Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6055

Certification. The clearance currently hours per response, .25; and total FOR FURTHER INFORMATION CONTACT: expires on May 31, 1999. response burden hours, 75. Ralph DeStefano, Federal Acquisition DATES: Comments may be submitted on Obtaining Copies of Proposals: Policy Division, GSA (202) 501–1758. or before April 9, 1999. Requester may obtain a copy of the SUPPLEMENTARY INFORMATION: justification from the General Services ADDRESSES: Comments regarding this Administration, FAR Secretariat A. Purpose burden estimate or any other aspect of (MVRS), Room 4035, 1800 F Street, A fixed-price contract with economic this collection of information, including NW., Washington, DC 20405, telephone suggestions for reducing this burden, price adjustment provides for upward (202) 208–7312. Please cite OMB and downward revision of the stated should be submitted to: FAR Desk Control No. 9000–0054, U.S.-Flag Air Officer, OMB, Room 10102, NEOB, contract price upon occurrence of Carriers Certification, in all specified contingencies. In order for the Washington, DC 20503, and a copy to correspondence. the General Services Administration, contracting officer to be aware of price FAR Secretariat (MVRS), 1800 F Street, Dated: February 2, 1999. changes, the firm must provide NW., Room 4035, Washington, DC Edward C. Loeb, pertinent information to the 20405. Director, Federal Acquisition Policy Division. Government. The information is used to [FR Doc. 99–2876 Filed 2–5–99; 8:45 am] determine the proper amount of price FOR FURTHER INFORMATION CONTACT: adjustments required under the BILLING CODE 6820±34±P Linda Klein, Federal Acquisition Policy contract. Division, GSA (202) 501–3775. B. Annual Reporting Burden SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE Public reporting burden for this A. Purpose GENERAL SERVICES collection of information is estimated to Section 5 of the International Air ADMINISTRATION average 15 minutes per response, Transportation Fair Competitive including the time for reviewing Practices Act of 1974 (49 U.S.C. 1517) NATIONAL AERONAUTICS AND instructions, searching existing data (Fly America Act) requires that all SPACE ADMINISTRATION sources, gathering and maintaining the Federal agencies and Government data needed, and completing and [OMB Control No. 9000±0068] contractors and subcontractors use U.S.- reviewing the collection of information. flag air carriers for U.S. Government- Proposed Collection; Comment The annual reporting burden is financed international air transportation Request Entitled Economic Price estimated as follows: Respondents, of personnel (and their personal effects) Adjustment 7,200; responses per respondent, 1; total or property, to the extent that service by annual responses, 7,200; preparation those carriers is available. It requires the AGENCIES: Department of Defense (DOD), hours per response, .25; and total Comptroller General of the United General Services Administration (GSA), response burden hours, 1,800. States, in the absence of satisfactory and National Aeronautics and Space proof of the necessity for foreign-flag air Administration (NASA). Obtaining Copies of Proposals transportation, to disallow expenditures ACTION: Notice of request for public Requester may obtain a copy of the from funds, appropriated or otherwise comments regarding an extension to an justification from the General Services established for the account of the United existing OMB clearance. Administration, FAR Secretariat States, for international air (MVRS), Room 4035, 1800 F Street, NW, transportation secured aboard a foreign- SUMMARY: Under the provisions of the Washington, DC 20405, telephone (202) flag air carrier if a U.S.-flag carrier is Paperwork Reduction Act of 1995 (44 208–7312. Please cite OMB Control No. available to provide such services. In U.S.C. Chapter 35), the Federal 9000–0068, Economic Price Adjustment, the event that the contractor selects a Acquisition Regulation (FAR) in all correspondence. Secretariat will be submitting to the carrier other than a U.S.-flag air carrier Dated: February 2, 1999. for international air transportation, the Office of Management and Budget Edward C. Loeb, contractor shall include a certification (OMB) a request to review and approve on vouchers involving such an extension of a currently approved Director, Federal Acquisition Policy Division. transportation. The contracting officer information collection requirement [FR Doc. 99–2883 Filed 2–5–99; 8:45 am] uses the information furnished in the concerning Economic Price Adjustment. BILLING CODE 6820±34±P certification to determine whether The clearance currently expires on May adequate justification exists for the 31, 1999. DEPARTMENT OF DEFENSE contractor’s use of other than a U.S.-flag DATES: Comments may be submitted on air carrier. or before April 9, 1999. GENERAL SERVICES B. Annual Reporting Burden ADDRESSES: Comments regarding this ADMINISTRATION burden estimate or any other aspect of Public reporting burden for this this collection of information, including NATIONAL AERONAUTICS AND collection of information is estimated to suggestions for reducing this burden, SPACE ADMINISTRATION average 15 minutes per response, should be submitted to: FAR Desk including the time for reviewing Officer, OMB, Room 10102, NEOB, [OMB Control No. 9000±0069] instructions, searching existing data Washington, DC 20503, and a copy to sources, gathering and maintaining the the General Services Administration, Proposed Collection; Comment data needed, and completing and FAR Secretariat (MVRS), 1800 F Street, Request Entitled Indirect Cost Rates reviewing the collection of information. NW, Room 4035, Washington, DC The annual reporting burden is 20405. AGENCIES: Department of Defense (DOD), estimated as follows: Respondents, 150; Please cite OMB Control No. 9000– General Services Administration (GSA), responses per respondent, 2; total 0068, Economic Price Adjustment, in all and National Aeronautics and Space annual responses, 300; preparation correspondence. Administration (NASA). 6056 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

ACTION: Notice of request for public The annual reporting burden is Washington, DC 20503, and a copy to comments regarding an extension to an estimated as follows: Respondents, the General Services Administration, existing OMB clearance (9000–0069). 9,770; responses per respondent, 1; total FAR Secretariat (MVRS), 1800 F Street, annual responses, 9,770; preparation NW, Room 4035, Washington, DC SUMMARY: Under the provisions of the hours per response, 1; and total 20405. Please cite OMB Control No. Paperwork Reduction Act of 1995 (44 response burden hours, 9,770. 9000–0071, Price Redetermination, in U.S.C. Chapter 35), the Federal Obtaining copies of proposals: all correspondence. Acquisition Regulation (FAR) Requester may obtain a copy of the FOR FURTHER INFORMATION CONTACT: Secretariat will be submitting to the justification from the General Services Office of Management and Budget Ralph DeStefano, Federal Acquisition Administration, FAR Secretariat Policy Division, GSA (202) 501–1758. (OMB) a request to review and approve (MVRS), Room 4035, 1800 F Street, NW, an extension of a currently approved Washington, DC 20405, telephone (202) SUPPLEMENTARY INFORMATION: information collection requirement 208–7312. Please cite OMB Control No. A. Purpose concerning Indirect Cost Rates. The 9000–0069, Indirect Cost Rates, in all clearance currently expires on May 31, correspondence. Fixed-price contracts with 1999. prospective price redetermination Dated: February 2, 1999. DATES: Comments may be submitted on provide for firm fixed prices for an or before April 9, 1999. Edward C. Loeb, initial period of the contract with Director, Federal Acquisition Policy Division. ADDRESSES: Comments regarding this prospective redetermination at stated burden estimate or any other aspect of [FR Doc. 99–2885 Filed 2–5–99; 8:45 am] times during performance. Fixed price this collection of information, including BILLING CODE 6820±34±P contracts with retroactive price suggestions for reducing this burden, redetermination provide for a fixed should be submitted to: FAR Desk ceiling price and retroactive price DEPARTMENT OF DEFENSE Officer, OMB, Room 10102, NEOB, redetermination within the ceiling after completion of the contract. In order for Washington, DC 20503, and a copy to GENERAL SERVICES the amounts of price adjustments to be the General Services Administration, ADMINISTRATION FAR Secretariat (MVRS), 1800 F Street, determined, the firms performing under these contracts must provide NW, Room 4035, Washington, DC NATIONAL AERONAUTICS AND information to the Government 20405. Please cite OMB Control No. SPACE ADMINISTRATION 9000–0069, Indirect Cost Rates, in all regarding their expenditures and correspondence. [OMB Control No. 9000±0071] anticipated costs. The information is FOR FURTHER INFORMATION CONTACT: used to establish fair price adjustments Linda Klein, Federal Acquisition Policy Proposed Collection; Comment to Federal contracts. Division, GSA (202) 501–3775. Request Entitled Price Redetermination B. Annual Reporting Burden SUPPLEMENTARY INFORMATION: Public reporting burden for this AGENCIES: Department of Defense (DOD), A. Purpose collection of information is estimated to General Services Administration (GSA), average 1 hour per completion, The contractor’s proposal of final and National Aeronautics and Space including the time for reviewing indirect cost rates is necessary for the Administration (NASA). establishment of rates used to reimburse instructions, searching existing data ACTION: Notice of request for public the contractor for the costs of sources, gathering and maintaining the comments regarding an extension to an performing under the contract. The data needed, and completing and existing OMB clearance (9000–0071). supporting cost data are the cost reviewing the collection of information. The annual reporting burden is accounting information normally SUMMARY: Under the provisions of the prepared by organizations under sound Paperwork Reduction Act of 1995 (44 estimated as follows: Respondents, management and accounting practices. U.S.C. Chapter 35), the Federal 3,500; responses per respondent, 2; total The proposal and supporting data is Acquisition Regulation (FAR) annual responses, 7,000; preparation used by the contracting official and Secretariat will be submitting to the hours per response, 1; and total auditor to verify and analyze the Office of Management and Budget response burden hours, 7,000. indirect costs and to determine the final (OMB) a request to review and approve Obtaining copies of proposals: indirect cost rates or to prepare the an extension of a currently approved Requester may obtain a copy of the Government negotiating position if information collection requirement justification from the General Services negotiation of the rates is required concerning Price Redetermination. The Administration, FAR Secretariat under the contract terms. clearance currently expires on May 31, (MVRS), Room 4035, 1800 F Street, NW, B. Annual Reporting Burden 1999. Washington, DC 20405, telephone (202) 208–7312. Please cite OMB Control No. DATES: Comments may be submitted on Public reporting burden for this 9000–0071, Price Redetermination, in or before April 9, 1999. collection of information is estimated to all correspondence. average 1 hour per completion, ADDRESSES: Comments regarding this including the time for reviewing burden estimate or any other aspect of Dated: February 2, 1999. instructions, searching existing data this collection of information, including Edward C. Loeb, sources, gathering and maintaining the suggestions for reducing this burden, Director, Federal Acquisition Policy Division. data needed, and completing and should be submitted to: FAR Desk [FR Doc. 99–2886 Filed 2–5–99; 8:45 am] reviewing the collection of information. Officer, OMB, Room 10102, NEOB, BILLING CODE 6820±34±P Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6057

DEPARTMENT OF DEFENSE officer’s decision by submitting written ADDRESSES: Send comments regarding appeals to the appropriate officials. this burden estimate or any other aspect GENERAL SERVICES B. Annual Reporting Burden of this collection of information, ADMINISTRATION including suggestions for reducing this Public reporting burden for this burden, to: FAR Desk Officer, OMB, NATIONAL AERONAUTICS AND collection of information is estimated to Room 10102, NEOB, Washington, DC SPACE ADMINISTRATION average 1 hour per completion, 20503, and a copy to the General including the time for reviewing [OMB Control No. 9000±0035] Services Administration, FAR instructions, searching existing data Secretariat (MVRS), 1800 F Streets, NW, Submission for OMB Review; sources, gathering and maintaining the Room 4035, Washington, DC 20405. Comment Request Entitled Claims and data needed, and completing and FOR FURTHER INFORMATION CONTACT: Appeals reviewing the collection of information. The annual reporting burden is Ralph DeStefano, Federal Acquisition AGENCIES: Department of Defense (DOD), estimated as follows: Respondents, Policy Division, GSA (202) 501–1758. General Services Administration (GSA), 4,500; responses per respondent, 3; total SUPPLEMENTARY INFORMATION: and National Aeronautics and Space annual responses, 13,500; preparation Administration (NASA). hours per response 1; and total response A. Purpose ACTION: Notice of request for an burden hours, 13,500. extension to an existing OMB clearance. Obtaining copies of proposals: When a mistake in bid is discovered Requester may obtain a copy of the by the contracting officer (CO) after bid SUMMARY: Under the provisions of the justification from the General Services opening but before award, the CO Paperwork Reduction Act of 1995 (44 Administration, FAR Secretariat obtains verification of the bid intended. U.S.C. Chapter 35), the Federal (MVRS), Room 4035, 1800 F Street, NW, This verification is needed to establish Acquisition Regulation (FAR) Washington, DC 20405, telephone (202) the bidder’s correct bid. If the bidder Secretariat has submitted to the Office 208–7312. Please cite OMB Control No. requests permission to correct the bid, of Management and Budget (OMB) a 9000–0035, Claims and Appeals, in all the bidder must submit clear and request to review and approve an correspondence. convincing evidence that a mistake was extension of a currently approved Dated: February 2, 1999. made. If the bidder requests permission information collection requirement Edward C. Loeb, to correct the bid and submits evidence concerning Claims and Appeals. A Director, Federal Acquisition Policy Division. that a mistake was made, the evidence request for public comments was [FR Doc. 99–2887 Filed 2–5–99; 8:45 am] is analyzed by the CO to determine published at 63 FR 65759, November 30, BILLING CODE 6820±34±P whether or not the bidder should be 1998. No comments were received. allowed to correct the bid. The data DATES: Comments may be submitted on (evidence) submitted by the bidder is or before March 10, 1999. DEPARTMENT OF DEFENSE attached to bidder’s bid and placed in ADDRESSES: Comments regarding this the contract file along with the CO’s burden estimate or any other aspect of GENERAL SERVICES determination. this collection of information, including ADMINISTRATION The verification of the correct bid is suggestions for reducing this burden, or attached to the original bid and a copy NATIONAL AERONAUTICS AND obtaining a copy of the justification, of the verification is attached to the SPACE ADMINISTRATION should be submitted to: FAR Desk duplicate bid and placed in the contract Officer, OMB, Room 10102, NEOB, [OMB Control No. 9000±0038] file. Washington, DC 20503, and a copy to the General Services Administration, Submission for OMB Review; B. Annual Reporting Burden FAR Secretariat (MVRS), 1800 F Street, Comment Request Entitled Mistake in Bid Public reporting burden for this NW, Room 4035, Washington, DC collection of information is estimated to 20405. AGENCIES: Department of Defense (DOD), average 30 minutes per response, FOR FURTHER INFORMATION CONTACT: Jack General Services Administration (GSA), including the time for reviewing O’Neill, Federal Acquisition Policy and National Aeronautics and Space instructions, searching existing data Division, GSA (202) 501–3856. Administration (NASA). sources, gathering and maintaining the SUPPLEMENTARY INFORMATION: ACTION: Notice of request for an data needed, and completing and A. Purpose extension to an existing OMB clearance. reviewing the collection of information. The annual reporting burden is It is the Government’s policy to try to SUMMARY: Under the provisions of the resolve all contractual issues by mutual Paperwork Reduction Act of 1995 (44 estimated as follows: Respondents, agreement at the contracting officer’s U.S.C. Chapter 35), the Federal 4,673; responses per respondent, 1; total level without litigation. Contractor’s Acquisition Regulation (FAR) annual responses, 4,673; preparation claims must be submitted in writing to Secretariat has submitted to the Office hours per response, .5; and total the contracting officer for a decision. of Management and Budget (OMB) a response burden hours, 2,337. Claims exceeding $100,000 must be request to review and approve an Obtaining copies of proposals: accompanied by a certification that (1) extension of a currently approved Requester may obtain a copy of the the claim is made in good faith; (2) information collection requirement justification from the General Services supporting data are accurate and concerning Mistake in Bid. A request for Administration, FAR Secretariat complete; and (3) the amount requested public comments was published at 63 (MVRS), 1800 F Street, NW, Room 4035, accurately reflects the contract FR 65756, November 30, 1998. No Washington, DC 20405, telelphone (202) adjustment for which the contractor comments were received. 208–7312. Please cite OMB Control No. believes the Government is liable. DATES: Comments may be submitted on 9000–0038, Mistake in Bid, in all Contractors may appeal the contracting or before March 10, 1999. correspondence. 6058 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Dated: February 2, 1999. The form is submitted annually as extension of a currently approved Edward C. Loeb, required by 40 U.S.C. 541–544 by firms information collection requirement Director, Federal Acquisition Policy Division. wishing to be considered for concerning Delivery Schedules. A [FR Doc. 99–2888 Filed 2–5–99; 8:45 am] Government A–E contracts. The request for public comments was BILLING CODE 6820±34±P information obtained on this form is published at 63 FR 65757, November 30, used to determine if a firm should be 1998. No comments were received. solicited for A–E projects. DATES: Comments may be submitted on DEPARTMENT OF DEFENSE B. Annual Reporting Burden or before March 10, 1999. GENERAL SERVICES Public reporting burden for this ADDRESSES: Send comments regarding ADMINISTRATION collection of information is estimated to this burden estimate or any other aspect average 1 hour per response, including of this collection of information, NATIONAL AERONAUTICS AND the time for reviewing instructions, including suggestions for reducing this SPACE ADMINISTRATION searching existing data sources, burden, to: FAR Desk Officer, OMB, gathering and maintaining the data Room 10102, NEOB, Washington, DC [OMB Control No. 9000±0004] needed, and completing and reviewing 20503, and a copy to the General Submission for OMB Review; the collection of information. Services Administration, FAR Comment Request Entitled Architect- The annual reporting burden is Secretariat (MVRS), 1800 F Street, NW, Engineer and Related Services estimated as follows: Respondents, Room 4035, Washington, DC 20405. Questionnaire (SF 254) 5,000; responses per respondent, 7; total FOR FURTHER INFORMATION CONTACT: annual responses, 35,000; preparation Ralph DeStefano, Federal Acquisition AGENCY: Department of Defense (DOD), hours per response, 1; and total Policy Division, GSA (202) 501–1758. General Services Administration (GSA), response burden hours, 35,000. and National Aeronautics and Space Obtaining copies of proposals: SUPPLEMENTARY INFORMATION: Administration (NASA). Requester may obtain a copy of the A. Purpose ACTION: Notice of request for an justification from the General Services extension to an existing OMB clearance. Administration, FAR Secretariat The time of delivery or performance (MVRS), Room 4035, 1800 F Street, NW, is an essential contract element and SUMMARY: Under the provisions of the Washington, DC 20405, telephone (202) must be clearly stated in solicitations Paperwork Reduction Act of 1995 (44 208–7312. Please cite OMB Control No. and contracts. The contracting officer U.S.C. Chapter 35), the Federal 9000–0004, Architect-Engineer and may set forth a required delivery Acquisition Regulation (FAR) Related Services Questionnaire (SF schedule or may allow an offeror to Secretariat has submitted to the Office 254), in all correspondence. propose an alternate delivery schedule. of Management and Budget (OMB) a The information is needed to assure request to review and approve an Dated: February 2, 1999. Edward C. Loeb, supplies or services are obtained in a extension of a currently approved timely manner. information collection requirement Director, Federal Acquisition Policy Division. concerning Architect-Engineer and [FR Doc. 99–2889 Filed 2–5–99; 8:45 am] B. Annual Reporting Burden Related Services Questionnaire (SF BILLING CODE 6820±34±M Public reporting burden for this 254). A request for public comments collection of information is estimated to was published at 63 FR 65758, DEPARTMENT OF DEFENSE average 10 minutes per completion, November 30, 1998. No comments were including the time for reviewing received. GENERAL SERVICES instructions, searching existing data DATES: Comments may be submitted on ADMINISTRATION sources, gathering and maintaining the or before March 10, 1999. data needed, and completing and ADDRESSES: Comments regarding this NATIONAL AERONAUTICS AND reviewing the collection of information. burden estimate or any other aspect of SPACE ADMINISTRATION The annual reporting burden is this collection of information, including [OMB Control No. 9000±0043] estimated as follows: Respondents, suggestions for reducing this burden, or 3,440; responses per respondent, 5; total obtaining a copy of the justification, Submission for OMB Review; annual responses, 17,200; preparation should be submitted to: FAR Desk Comment Request Entitled Delivery hours per response, .167; and total Officer, OMB, Room 10102, NEOB, Schedules response burden hours, 2,872. Washington, DC 20503, and a copy to Obtaining copies of proposals: the General Services Administration, AGENCIES: Department of Defense (DOD), FAR Secretariat (MVRS), 1800 F Street, Requester may obtain a copy of the General Services Administration (GSA), justification from the General Services NW, Room 4035, Washington, DC and National Aeronautics and Space 20405. Administration, FAR Secretariat Administration (NASA). (MVRS), 1800 F Street, NW, Room 4035, FOR FURTHER INFORMATION CONTACT: Jack ACTION: Notice of request for an Washington, DC 20405, telephone (202) O’Neill, Federal Acquisition Policy extension to an existing OMB clearance. 208–7312. Please cite OMB Control No. Division, GSA (202) 501–3856. 9000–0043, Delivery Schedules, in all SUPPLEMENTARY INFORMATION: SUMMARY: Under the provisions of the correspondence. Paperwork Reduction Act of 1995 (44 A. Purpose U.S.C. Chapter 35), the Federal Dated: February 2, 1999. Standard Form 254 is used by all Acquisition Regulation (FAR) Edward C. Loeb, Executive agencies to obtain uniform Secretariat has submitted to the Office Director, Federal Acquisition Policy Division. information about a firm’s experience in of Management and Budget (OMB) a [FR Doc. 99–2890 Filed 2–5–99; 8:45 am] architect-engineering (A–E) projects. request to review and approve an BILLING CODE 6820±34±P Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6059

DEPARTMENT OF DEFENSE average 10 minutes per response, should be submitted to: FAR Desk including the time for reviewing Officer, OMB, Room 10102, NEOB, GENERAL SERVICES instructions, searching existing data Washington, DC 20503, and a copy to ADMINISTRATION sources, gathering and maintaining the the General Services Administration, data needed, and completing and FAR Secretariat (MVRS), 1800 F Street, NATIONAL AERONAUTICS AND reviewing the collection of information. NW, Room 4035, Washington, DC 20405 SPACE ADMINISTRATION The annual reporting burden is FOR FURTHER INFORMATION CONTACT: [OMB Control No. 9000±0039] estimated as follows: Respondents, Ralph DeStefano, Federal Acquisition 2,663; responses per respondent, 3; total Policy Division, GSA (202) 501–1758. Submission for OMB Review; annual responses, 7,989; preparation SUPPLEMENTARY INFORMATION: Comment Request Entitled Descriptive hours per response, .167; and total Literature response burden hours, 1,334. A. Purpose Obtaining Copies of Proposals: The information relative to the place AGENCIES: Department of Defense (DOD), Requester may obtain a copy of the of performance and owner of plant or General Services Administration (GSA), justification from the General Services facility, if other than the prospective and National Aeronautics and Space Administration, FAR Secretariat contractor, is a basic requirement when Administration (NASA). (MVRS), 1800 F Street, NW, Room 4035, contracting for supplies or services ACTION: Notice of request for an Washington, DC 20405, telephone (202) (including construction). This extension to an existing OMB clearance. 208–7312. Please cite OMB Control No. information is instrumental in 9000–0039, Descriptive Literature, in all determining bidder responsibility, SUMMARY: Under the provisions of the correspondence. responsiveness, and price Paperwork Reduction Act of 1995 (44 reasonableness. A prospective U.S.C. Chapter 35), the Federal Dated: February 2, 1999. Edward C. Loeb, contractor must affirmatively Acquisition Regulation (FAR) demonstrate its responsibility. Hence, Director, Federal Acquisition Policy Division. Secretariat has submitted to the Office the Government must be apprised of of Management and Budget (OMB) a [FR Doc. 99–2891 Filed 2–5–99; 8:45 am] this information prior to award. The request to review and approve an BILLING CODE 6820±34±P contracting officer must know the place extension of a currently approved of performance and the owner of the information collection requirement DEPARTMENT OF DEFENSE plant or facility to (a) determine bidder concerning Descriptive Literature. A responsibility; (b) determine price request for public comments was GENERAL SERVICES reasonableness; (c) conduct plant or published at 63 FR 65756, November 30, ADMINISTRATION source inspections; and (d) determine 1998. No comments were received. whether the prospective contractor is a DATES: Comments may be submitted on NATIONAL AERONAUTICS AND manufacturer or a regular dealer. The or before March 10, 1999. SPACE ADMINISTRATION information is used to determine the ADDRESSES: Send comments regarding firm’s eligibility for awards and to this burden estimate or any other aspect [OMB Control No. 9000±0047] assure proper preparation of the contract. of this collection of information, Submission for OMB Review; including suggestions for reducing this Comment Request Entitled Place of B. Annual Reporting Burden burden, to: FAR Desk Officer, OMB, Performance Room 10102, NEOB, Washington, DC Public reporting burden for this 20503, and a copy to the General AGENCIES: Department of Defense (DOD), collection of information is estimated to Services Administration, FAR General Services Administration (GSA), average 4 minutes per response, Secretariat (MVRS), 1800 F Streets, NW, and National Aeronautics and Space including the time for reviewing Room 4035, Washington, DC 20405. Administration (NASA). instructions, searching existing data sources, gathering and maintaining the FOR FURTHER INFORMATION CONTACT: ACTION: Notice of request for an data needed, and completing and Ralph DeStefano, Federal Acquisition extension to an existing OMB clearance. reviewing the collection of information. Policy Division, GSA (202) 501–1758. SUMMARY: Under the provisions of the The annual reporting burden is SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995 (44 estimated as follows: Respondents, A. Purpose U.S.C. Chapter 35), the Federal 79,397; responses per respondent, 14; total annual responses, 1,111,558; Descriptive literature means Acquisition Regulation (FAR) Secretariat has submitted to the Office preparation hours per response, .07; and information which shows the total response burden hours, 77,810. characteristics or construction of a of Management and Budget (OMB) a request to review and approve an Obtaining copies of proposals: product or explains its operation. It is Requester may obtain a copy of the furnished by bidders as a part of their extension of a currently approved information collection requirement justification from the General Services bids to describe the products offered. Administration, FAR Secretariat Bidders are not required to furnish concerning Place of Performance. A request for public comments was (MVRS), Room 4035, 1800 F Street, NW, descriptive literature unless the Washington, DC 20405, telephone (202) contracting office needs it to determine published at 63 FR 65759, November 30, 1998. No comments were received. 208–7312. Please cite OMB Control No. before award whether the products 9000–0047, Place of Performance, in all DATES: Comments may be submitted on offered meet the specification and to correspondence. establish exactly what the bidder or before March 10, 1999. proposes to furnish. ADDRESSES: Comments regarding this Dated: February 2, 1999. burden estimate or any other aspect of Edward C. Loeb, B. Annual Reporting Burden this collection of information, including Director, Federal Acquisition Policy Division. Public reporting burden for this suggestions for reducing this burden, or [FR Doc. 99–2896 Filed 2–5–99; 8:45 am] collection of information is estimated to obtaining a copy of the justification, BILLING CODE 6820±34±P 6060 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DEPARTMENT OF DEFENSE including the time for reviewing the General Services Administration, instructions, searching existing data FAR Secretariat (MVRS), 1800 F Streets, GENERAL SERVICES sources, gathering and maintaining the NW, Room 4035, Washington, DC ADMINISTRATION data needed, and completing and 20405. reviewing the collection of information. FOR FURTHER INFORMATION CONTACT: Jack NATIONAL AERONAUTICS AND The annual reporting burden is O’Neill, Federal Acquisition Policy SPACE ADMINISTRATION estimated as follows: Respondents, Division, GSA (202) 501–3856. 61,875; responses per respondent, 8; [OMB Control No. 9000±0048] SUPPLEMENTARY INFORMATION: total annual responses, 495,000; Submission for OMB Review; preparation hours per response, .017; A. Purpose and total response burden hours, 8,415. Comment Request Entitled Authorized Federal solicitations normally do not Negotiators Obtainting copies of proposals: Requester may obtain a copy of the specify delivery schedules that will AGENCIES: Department of Defense (DOD), justification from the General Services require overtime at the Government’s General Services Administration (GSA), Administration, FAR Secretariat expense. However, when overtime is and National Aeronautics and Space (MVRS), Room 4035, 1800 F Street, NW, required under a contract and it exceeds Administration (NASA). Washington, DC 20405, telephone (202) the dollar ceiling established during negotiations, the contractor must ACTION: Notice of request for an 208–7312. Please cite OMB Control No. extension to an existing OMB clearance. 9000–0048, Authorized Negotiators, in request approval from the contracting all correspondence. officer for overtime. With the request, SUMMARY: Under the provisions of the the contractor must provide information Paperwork Reduction Act of 1995 (44 Dated: February 2, 1999. regarding the need for overtime. Edward C. Loeb, U.S.C. Chapter 35), the Federal B. Annual Reporting Burden Acquisition Regulation (FAR) Director, Federal Acquisition Policy Division. Secretariat has submitted to the Office [FR Doc. 99–2897 Filed 2–5–99; 8:45 am] Public reporting burden for this of Management and Budget (OMB) a BILLING CODE 6820±34±P collection of information is estimated to request to review and approve an average 15 minutes per completion, extension of a currently approved including the time for reviewing information collection requirement DEPARTMENT OF DEFENSE instructions, searching existing data concerning Authorized Negotiators. A sources, gathering and maintaining the GENERAL SERVICES request for public comments was data needed, and completing and ADMINISTRATION published at 63 FR 65757, November 30, reviewing the collection of information. 1998. No comments were received. The annual reporting burden is NATIONAL AERONAUTICS AND estimated as follows: Respondents, DATES: Comments may be submitted on SPACE ADMINISTRATION or before March 10, 1999. 1,270; responses per respondent, 1; total annual responses, 1,270; preparation ADDRESSES: Comments regarding this [OMB Control No. 9000±0065] hours per response, .25; and total burden estimate or any other aspect of Submission for OMB Review; response burden hours, 318. this collection of information, including Comment Request Entitled Overtime suggestions for reducing this burden, or Obtaining copies of proposals: Requester may obtain a copy of the obtaining a copy of the justification, AGENCIES: Department of Defense (DOD), should be submitted to: FAR Desk General Services Administration (GSA), justification from the General Services Officer, OMB, Room 10102, NEOB, and National Aeronautics and Space Administration, FAR Secretariat Washington, DC 20503, and a copy to Administration (NASA). (MVRS), Room 4035, 1800 F Street, NW, Washington, DC 20405, telephone (202) the General Services Administration, ACTION: Notice of request for an 208–7312. Please cite OMB Control No. FAR Secretariat (MVRS), 1800 F Streets, extension to an existing OMB clearance. NW, Room 4035, Washington, DC 9000–0065, Overtime, in all 20405. SUMMARY: Under the provisions of the correspondence. FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995 (44 Dated: February 2, 1999. Ralph DeStefano, Federal Acquisition U.S.C. Chapter 35), the Federal Edward C. Loeb, Policy Division, GSA (202) 501–1758. Acquisition Regulation (FAR) Director, Federal Acquisition Policy Division. Secretariat has submitted to the Office SUPPLEMENTARY INFORMATION: [FR Doc. 99–2898 Filed 2–5–99; 8:45 am] of Management and Budget (OMB) a BILLING CODE 6820±34±P A. Purpose request to review and approve an Firms offering supplies or services to extension of a currently approved the Government under negotiated information collection requirement DEPARTMENT OF DEFENSE solicitations must provide the names, concerning Overtime. A request for titles, and telephone numbers of public comments was published at 63 Department of the Army authorized negotiators to assure that FR 65758, November 30, 1998. No comments were received. Notice of Availability of a Final discussions are held with authorized Environmental Impact Statement individuals. The information collected DATES: Comments may be submitted on or before March 10, 1999. (FEIS) for the Land Exchange Between is referred to before contract Fort Benning and the City of ADDRESSES: Comments regarding this negotiations and it becomes part of the Columbus, GA official contract file. burden estimate or any other aspect of this collection of information, including B. Annual Reporting Burden AGENCY: U.S. Army Infantry Center and suggestions for reducing this burden, Fort Benning, Department of the Army, Public reporting burden for this should be submitted to: FAR Desk DoD. collection of information is estimated to Officer, OMB, Room 10102, NEOB, ACTION: Notice of availability. average 1 minute per completion, Washington, DC 20503, and a copy to Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6061

SUMMARY: This announces the remaining acreage of the proposed DEPARTMENT OF DEFENSE availability of the Final Environmental North-South Tract land exchange FEIS, Impact Statement (FEIS) which assesses which involves the remaining 2,760 Department of the Army the potential environmental impacts of acres of Fort Benning land (the North the exchange of tracts of land between Tract) and 2,848 acres of the City land Notice of Intent to Enter Into a Fort Benning and the City of Columbus (the South Tract). The FEIS includes an Cooperative Research and Development Agreement Concerning (hereafter referred to as the City.) analysis of the cumulative CASTTM Section 2829 of Public Law 101–510, environmental impacts from both the enacted November 5, 1990, authorized a proposed North-South Tract exchange land exchange between the City and AGENCY: U.S. Army Research and the complete landfill land Fort Benning. The proposed action is to Laboratory, Department of Defense. exchange. transfer the North Tract (ranging in size ACTION: Notice of Intent. from 2,113 acres to 2,760 acres) to the The preferred alternative considered City in exchange for the South Tract with the other four alternatives in this SUMMARY: The U.S. Army Research (ranging in size from 2,156 to 2,848 FEIS is Alternative V: Development of Laboratory (ARL), Weapons and acres). The City intends to use the North Reduced North Tract Without the Materials Research Directorate and the Tract land for economic development Habitat Conservation Area (HCA). This University of Delaware Center for and passive recreation. Fort Benning alternative would reduce the North Composite Materials, are actively would use the land it receives for Tract to 2,113 acres in exchange for a dismounted light infantry training. seeking a Cooperative Research and South Tract of 2,156 acres. Most of the Development Agreement (CRADA) DATES: Written comment received on or area identified for an HCA would partner for the further development and before March 10, 1999 for this action remain with Fort Benning. commercialization of the Composite will be considered by the Army during Approximately a 690 acres Parks and Analysis Software Tools (CASTTM) final decision making. Recreation Area would be established technology. CASTTM is a suite of ADDRESSES: To obtain copies of the FEIS on the North Tract and may be used for computer codes designed to predict the contact: U.S. Army Infantry Center, wetlands protection, leaving behavior of composite materials both Directorate of Public Works, approximately 1,423 acres of during and after manufacturing. A brief Environmental Management Division, developable land. The Army would use description of each of the codes within (ATTN: Mr. John Brent), Fort Benning, the South Tract for dismounted light the CASTTM suite and their capabilities Georgia 31905–5122, or send e-mail to infantry training. The City would can be found at http:// [email protected]. continue timber production on the www.federallabs.org/flc/ma/pl. FOR FURTHER INFORMATION CONTACT: U.S. portion that it would retain from the The software is already utilized in the Army Infantry Center, Directorate of South Tract (692 acres). composites research and development Public Works, Environmental community, and enhancements could Management Division, (ATTN: Mr. John The FEIS concludes that the proposed greatly broaden its utility for the Brent), Fort Benning, Georgia 31905– land exchange as presented in the academic and commercial sectors. The 5122; telephone (706) 545–4766; e-mail preferred alternative (Development of CRADA partner will assist in enhancing, [email protected]. Reduced North Tract Without the HCA) documenting, distributing, maintaining, SUPPLEMENTARY INFORMATION: The meets the needs and purposes of the action while minimizing the potential and providing user support for the Department of the Army prepared a software. A meeting will be held at the Draft Environmental Impact Statement environmental impacts through mitigation. University of Delaware Center for (DEIS) which assessed the potential Composites Manufacturing, 14 April health and environmental impacts of The FEIS is available for public 1999, to discuss the specifics of the each of five alternatives, including a review at the following locations: W.C. proposed CRADA. The meeting will be ‘‘No Action’’ alternative, of this Bradley Memorial Library, 1120 Bradley held at the Composites Manufacturing proposed action. A Notice of Drive, Columbus, Georgia; South Science Laboratory from 1000–1200. Availability was published on October Lumpkin Library, 2034 South Lumpkin Please register for this conference at 30, 1998 (63 FR 58380) outlining the Road, Columbus, Georgia; Sawyers http://wee.federallabs.org/flc/ma/pl. If five alternatives, and also providing Library, Building 93, Fort Benning, you do not have Internet access, you notice that the DEIS was available for Georgia; Simon Schwob Memorial may register by contacting the U.S. comment. Public information meetings Library, Columbus State University, Army Research Laboratory, Technology were held on November 18 and 19 and 4225 University Avenue, Columbus, Transfer Office at 410–278–5028. December 8, 1998. Comments from the DEIS and public meetings have been Georgia; Columbus Chamber Commerce, FOR FURTHER INFORMATION CONTACT: considered and responses are included 901 Front Street, Columbus, Georgia; Michael D. Rausa, U.S. Army Research in this FEIS. and Columbus Government Center Laboratory, Office of Research and On June 26, 1996, Fort Benning Tower, Columbus, Georgia. Technology Applications, ATTN: conveyed 346 acres to the City for Dated: January 29, 1999. AMSRL–CS–TT/Bldg. 433, Aberdeen landfill development in exchange for Raymond J. Fatz, Proving Ground, Maryland 21005–5425, 380 acres, as authorized under the same telephone: 410–278–5028 or e-mail Deputy Assistant Secretary of the Army, enabling legislation as the currently [email protected]. (Environment, Safety and Occupational proposed exchange. An Environmental Health) OASA (I,L&E). SUPPLEMENTARY INFORMATION: None. Assessment was prepared pursuant to [FR Doc. 99–2901 Filed 2–5–99; 8:45 am] the National Environmental Policy Act Mary V. Yonts, (NEPA) of 1969, and a Finding of No BILLING CODE 3710±08±M Alternate Army Federal Register Liaison Significant Impact was prepared for the Officer. landfill land exchange. This notice of [FR Doc. 99–2946 Filed 2–5–99; 8:45 am] availability pertains only to the BILLING CODE 3710±08±M 6062 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DEPARTMENT OF EDUCATION extension, existing or reinstatement; (2) to other institutions interested in Title; (3) Summary of the collection; (4) providing Federal financial aid to Submission for OMB Review; Description of the need for, and students enrolled in distance education Comment Request proposed use of, the information; (5) programs. Respondents and frequency of AGENCY: Department of Education. DATES: The regional meetings will be collection; and (6) Reporting and/or SUMMARY: The Acting Leader, held on February 11, 1999 in the District Recordkeeping burden. OMB invites of Columbia, February 17, 1999 in San Information Management Group, Office public comment at the address specified of the Chief Information Officer invites Francisco, California, and February 19, above. Copies of the requests are 1999 in Denver, Colorado. comments on the submission for OMB available from Patrick J. Sherrill at the ADDRESSES: Marianne R. Phelps, U.S. review as required by the Paperwork address specified above. Reduction Act of 1995. Department of Education, 400 Maryland Dated: February 2, 1999. DATES: Interested persons are invited to Avenue, SW (ROB–3, Room 4082), submit comments on or before March William E. Burrow, Washington, DC 20202–5257. 10, 1999. Acting Leader Information Management Telephone: (202) 708–5547. Group, Office of the Chief Information Officer. ADDRESSES: Written comments should FOR FURTHER INFORMATION CONTACT: be addressed to the Office of Office of Postsecondary Education Marianne R. Phelps at (202) 708–5547 or E-Mail to [email protected]. Information and Regulatory Affairs, Type of Review: Revision. Attention: Danny Werfel, Desk Officer, Title: Annual Performance Report for Information regarding the program can Department of Education, Office of the Student Support Services (SSS) also be found on the Web site of the Management and Budget, 725 17th Program. Department of Education (http:// Street, N.W., Room 10235, New Frequency: Annually. www.ed.gov). If you use a Executive Office Building, Washington, Affected Public: Not-for-profit telecommunications device for the deaf D.C. 20503 or should be electronically institutions. (TDD) you may call the Federal mailed to the internet address Reporting and Recordkeeping Burden: Information Relay Service (FIRS) at 1– [email protected]. Requests Responses: 800 800–877–8339 between 8 a.m. and 8 for copies of the proposed information Burden Hours: 3,600 p.m., Eastern time, Monday through collection requests should be addressed Abstract: SSS grantees must submit Friday. to Patrick J. Sherrill, Department of the report annually so the Department Individuals with disabilities may Education, 400 Maryland Avenue, S.W., can evaluate the performance of obtain this document in an alternative Room 5624, Regional Office Building 3, grantees prior to awarding continuation format (e.g. Braille, large print, Washington, D.C. 20202–4651, or grants and to assess a grantee’s prior audiotape, or computer diskette) on should be electronically mailed to the experience at the end of each budget request to the contact person listed in internet address [email protected], period. The Department will also the preceding paragraph. or should be faxed to 202–708–9346. aggregate the data to provide descriptive SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: information and analyze program Background Patrick J. Sherrill (202) 708–8196. impact. Individuals who use a [FR Doc. 99–2884 Filed 2–5–99; 8:45 am] On October 7, 1998, President Clinton telecommunications device for the deaf BILLING CODE 4000±01±P signed into law Pub. L. 105–244, the (TDD) may call the Federal Information Higher Education Amendments of 1998, Relay Service (FIRS) at 1–800–877–8339 amending the Higher Education Act of between 8 a.m. and 8 p.m., Eastern time, DEPARTMENT OF EDUCATION 1965 (HEA). This legislation established Monday through Friday. the Distance Education Demonstration SUPPLEMENTARY INFORMATION: Section Federal Student Financial Assistance Program. Under this program, up to a 3506 of the Paperwork Reduction Act of ProgramsÐDistance Education total of 15 institutions, systems of 1995 (44 U.S.C. Chapter 35) requires Demonstration Program institutions, or consortia of institutions that the Office of Management and AGENCY: Department of Education. may offer Title IV, HEA financial assistance to students enrolled in Budget (OMB) provide interested ACTION: Notice of regional meetings to distance education programs without Federal agencies and the public an early provide advice and technical assistance being subject to certain statutory and opportunity to comment on information to institutions of higher education regulatory provisions, which the collection requests. OMB may amend or (institutions), systems of institutions, Secretary may waive, upon their waive the requirement for public and consortia of institutions that are (1) request. As described in section 486(a) consultation to the extent that public interested in applying to participate in of the HEA, the purpose of the program participation in the approval process the Distance Education Demonstration is to— would defeat the purpose of the Program authorized under section 486 (1) Allow demonstration programs information collection, violate State or of title IV of the Higher Education Act that are strictly monitored by the Federal law, or substantially interfere of 1965, as amended, or (2) interested in Department of Education to test the with any agency’s ability to perform its providing Federal financial aid to quality and viability of expanded statutory obligations. The Acting students enrolled in distance education distance education programs currently Leader, Information Management programs. Group, Office of the Chief Information restricted under this Act; Officer, publishes that notice containing SUMMARY: The Secretary of Education (2) Provide for increased student proposed information collection (Secretary) will conduct three regional access to higher education through requests prior to submission of these meetings in the District of Columbia, distance education programs; and requests to OMB. Each proposed San Francisco, and Denver to provide (3) Help determine the— information collection, grouped by advice and technical assistance to (A) Most effective means of delivering office, contains the following: (1) Type potential applicants of the Distance quality education via distance education of review requested, e.g. new, revision, Education Demonstration Program and course offerings; Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6063

(B) Specific statutory and regulatory disability who will need an auxiliary DEPARTMENT OF ENERGY requirements which should be altered to aid or service other than an interpreter provide greater access to high quality to participate in the meeting (e.g., Federal Energy Regulatory distance education programs; and assistive listening device, or materials in Commission (C) Appropriate level of federal an alternative format) should notify the assistance for students enrolled in contact person listed in this notice at [Docket No. CP99±169±000] distance education programs. least two weeks before the scheduled The Secretary anticipates publishing a meeting date. Although the Department ANR Pipeline Company; Notice of notice inviting applications for will attempt to meet a request received Request Under Blanket Authorization participation in the Distance Education after that date, the requested auxiliary Demonstration Program in the Federal February 2, 1999. Register during the first week of aid or service may not be available Take notice that on January 21, 1999, February, 1999. This notice will specify because of insufficient time to arrange ANR Pipeline Company (ANR, 500 the eligibility requirements for it. Dates, Times, and Locations of Renaissance Center, Detroit, Michigan participation in the Distance Education Regional Hearings. 48243, filed pursuant to Sections Demonstration Program, the statutory 1. February 11, 1999, 9 a.m. to 1 p.m., 157.205 and 157.211 of the and regulatory provisions that may be Washington Plaza Hotel, 10 Thomas waived, the application requirements, Commission’s Regulations under the Circle, NW, Washington, DC 20005. Call Natural Gas Act (18 CFR 157.205, and the criteria that will be used to (202) 842–1300 for hotel reservations. select participants. 157.211) for authorization to construct Sleeping room rate: $115 plus taxes. and operate an interconnection between Regional Hearings Reservations must be made by January ANR and Associated Electric Interested parties are invited to attend 28th. Cooperative, Inc. (AECI) in Nodaway three regional meetings that will 2. February 17, 1999, 9 a.m. to 1 p.m., County, Missouri, all as more fully set provide advice and technical assistance The Holiday Inn Golden Gateway, 1500 forth in the request that is on file with about applying to participate in the Van Ness Avenue, San Francisco, the Commission and open to public Distance Education Demonstration California 94109. Call 1–800–Holiday or inspection. Program and providing Federal financial (415) 441–4000 for hotel reservations. Specifically, ANR would construct aid to students enrolled in distance Sleeping room rates: $129 plus taxes. and operate two 10-inch tap valve education programs. The regional Reservations must be made by February assemblies and osolating flanges, one meetings will begin with a brief 3rd. each on ANR’s 24-inch mainline and description of eligibility requirements loopline; one 4-inch and one 6-inch for the Distance Education 3. February 19, 1999, 9 a.m. to 1 p.m., The Adams Marc Hotel, 1550 Court turbine meter; a 2-inch positive Demonstration Program and the displacement meter; an electronic application and selection processes for Place, Denver, Colorado 80202. Call 1– 303–893–3333 for hotel reservations. measurement system; regulation and this program. Then, individuals will be heater equipment; and approximately provided an opportunity to ask Sleeping room rate: $80 plus taxes. Reservations must be made by February 400 feet of 10-inch pipe at an estimated questions regarding the application cost of $659,000. ANR proposes to tie 5th. process and other matters relating to the the proposed interconnection in with a Distance Education Demonstration Electronic Access to This Document 0.5-mile 10-inch line that AECI’s would Program. Department of Education staff construct to connect to its power plant. with expertise on various issues relating Anyone may view this document, as ANR contends that the interconnection to the Distance Education well as all other Department of would provide a maximum daily Demonstration Program will be Education documents published in the volume of 57 Mmcf (through firm and available to answer these questions. Federal Register, in Text or portable interruptible services) to AECI’s Questions regarding eligibility and document format (pdf) on the World proposed power plant in Nodaway administration of Title IV, HEA student Wide Web at either of the following County. ANR indicates that these financial assistance programs may be sites: deliveries would be within the relevant to institutions’ interest in certificated entitlements of the applying for the Distance Education http://ocfo.ed.gov/fedreg/htm customer. Demonstration Program. Accordingly, http://ocfo.ed.gov/fedreg/html during the course of the meeting, Any person or the Commission’s staff Department staff will also address To use the pdf, you must have the may, within 45 days after issuance of questions that relate generally to the Adobe Acrobat Reader Program with the instant notice by the Commission, administration of aid in distance Search, which is available free at either file pursuant to Rule 214 of the education programs. of the previous sites. If you have Commission’s Procedural Rules (18 CFR The Department of Education has questions about using the pdf, call the 385.214) a motion to intervene or notice reserved a limited number of hotel U.S. Government Printing Office toll of intervention and pursuant to Section rooms at each of the following hotels at free at 1–888–293–6498. 157.205 of the Regulations under the a special government per diem room Natural Gas Act (18 CFR 157.205) a Authority: Sec. 488 of Pub. L. 105–244, rate. To reserve these rates, be certain to protest to the request. If no protest is enacted October 7, 1998. inform the hotel that you are attending filed within the time allowed therefor, the regional hearings with the Dated: February 2, 1999. the proposed activity shall be deemed to Department of Education. David A. Longanecker, be authorized effective the day after the The hearing sites are accessible to Assistant Secretary for Postsecondary time allowed for filing a protest. If a individuals with disabilities. The Education. protest is filed and not withdrawn Department will provide a sign language [FR Doc. 99–2917 Filed 2–5–99; 8:45 am] within 30 days after the time allowed interpreter at each of the scheduled BILLING CODE 4000±01±M for filing a protest, the instant request hearings. An individual with a shall be treated as an application for 6064 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices authorization pursuant to Section 7 of tendered for filing to become part of its and protests should be filed on or before the Natural Gas Act. FERC Gas Tariff, First Revised Volume February 12, 1999. Protests will be David P. Boergers, No. 1, the tariff sheets listed on considered by the Commission to Secretary. Appendix A attached to the filing, to be determine the appropriate action to be [FR Doc. 99–2921 Filed 2–5–99; 8:45 am] effective March 1, 1999. taken, but will not serve to make CIG states that the purpose of this BILLING CODE 6717±01±M protestants parties to the proceedings. filing is to set forth the pro forma Any person wishing to become a party service agreements contained in its tariff must file a motion to intervene. Copies DEPARTMENT OF ENERGY the specific types of discounts that CIG of this filing are on file with the may agree to enter into with its Commission and are available for public Federal Energy Regulatory shippers. inspection. Commission CIG further states that copies of this Linwood A. Watson, Jr., filing have been served on WIC’s Acting Secretary. [Docket Nos. OA97±97±004; OA97±467±004; jurisdictional customers and public OA97±452±004; OA97±402±004; and OA97± [FR Doc. 99–2930 Filed 2–5–99; 8:45 am] 460±004] bodies. Any person desiring to be heard or to BILLING CODE 6717±01±M Atlantic City Electric Company; protest said filing should file a motion to intervene or a protest with the Delmarva Power and Light Company; DEPARTMENT OF ENERGY Rochester Gas and Electric Corp.; Federal Energy Regulatory Commission, Louisville Gas and Electric Company; 888 First Street, NE., Washington, DC Federal Energy Regulatory Kentucky Utilities Company; Notice of 20426, in accordance with Sections Commission Filing 385.214 or 385.211 of the Commission’s Rules and Regulations. All such motions [Docket No. RP99±212±000] January 27, 1999. or protests must be filed in accordance Take notice that above-named with Section 154.210 of the El Paso Natural Gas Company; Notice companies each filed revised standards Commission’s Regulations. Protests will of Proposed Changes in FERC Gas of conduct on January 19, 1999 in be considered by the Commission in Tariff response to the Commission’s December determining the appropriate action to be February 2, 1999. 18, 1998 Order on Rehearing and taken, but will not serve to make Take notice that on January 29, 1999, Clarification. 85 FERC ¶ 61, 382 (1998). protestants parties to the proceedings. El Paso Natural Gas Company (El Paso) Any person desiring to be heard or to Any person wishing to become a party tendered for filing to become part of its protest said filing should file a motion must file a motion to intervene. Copies FERC Gas Tariff, Second Revised to intervene or protest with the Federal of this filing are on file with the Volume No. 1–A, the following revised Energy Regulatory Commission, 888 Commission and are available for public tariff sheets to become effective March First Street, NE., Washington, DC 20426, inspection in the Public Reference 1, 1999: in accordance with Rules 211 and 214 Room. Second Revised Sheet No. 289 of the Commission’s Rules of Practice David P. Boergers, Fourth Revised Sheet No. 290 and Procedure (18 CFR 385.211 and 18 Secretary. El Paso states that the tariff sheets are CFR 385.214). All such motions and [FR Doc. 99–2927 Filed 2–5–99; 8:45 am] protests should be filed on or before being filed to revise El Paso’s right-of- BILLING CODE 6717±01±M February 11, 1999. Protests will be first-refusal (ROFR) provisions to considered by the Commission to shorten the process and make it more determine the appropriate action to be DEPARTMENT OF ENERGY practical. The modified ROFR taken, but will not serve to make provisions conform to El Paso’s capacity protestants parties to the proceedings. Federal Energy Regulatory release program, making it easier for Any person wishing to become a party Commission shippers to use. must file a motion to intervene. Copies El Paso states that copies of the filing [Docket No. ER96±2921±012] of this filing are on file with the were served upon all shippers on El Commission and are available for public Duke Energy Trading and Marketing, Paso’s system and interested regulatory inspection. L.L.C.; Notice of Filing commissions. Linwood A. Watson, Jr., Any person desiring to be heard or to Acting Secretary. February 2, 1999. protest said filing should file a motion to intervene or a protest with the [FR Doc. 99–2873 Filed 2–5–99; 8:45 am] Take notice that on January 14, 1999, Duke Energy Trading and Marketing, Federal Energy Regulatory Commission, BILLING CODE 6717±01±M L.L.C., tendered for filing Notification of 888 First Street, NE, Washington, DC Change in Status. Duke Energy Trading 20426, in accordance with Sections DEPARTMENT OF ENERGY and Marketing, L.L.C., seeks to notify 385.214 or 385.211 of the Commission’s the Commission that it has agreed to Rules and Regulations. All such motions Federal Energy Regulatory acquire NP Energy Inc., a power or protests must be filed in accordance Commission marketer. with Section 154.210 of the Any person desiring to be heard or to Commission’s Regulations. Protests will [Docket No. RP99±211±000] protest said filing should file a motion be considered by the Commission in Colorado Interstate Gas Company; to intervene or protest with the Federal determining the appropriate action to be Notice of Proposed Changes in FERC Energy Regulatory Commission, 888 taken, but will not serve to make Gas Tariff First Street, N.E., Washington, D.C. protestants parties to the proceedings. 20426, in accordance with Rules 211 Any person wishing to become a party February 2, 1999. and 214 of the Commission’s Rules of must file a motion to intervene. Copies Take notice that on January 29, 1999, Practice and Procedure (18 CFR 385.211 of this filing are on file with the Colorado Interstate Gas Company (CIG), and 18 CFR 385.214). All such motions Commission and are available for public Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6065 inspection in the Public Reference motion to intervene is filed within the DEPARTMENT OF ENERGY Room. time required herein, if the Commission David P. Boergers, on its own review of the matter finds Federal Energy Regulatory Secretary. that permission and approval for the Commission [FR Doc. 99–2928 Filed 2–5–99; 8:45 am] proposed abandonment are required by BILLING CODE 6717±01±M the public convenience and necessity. If [Docket No. RP98±404±003] a motion for leave to intervene is timely filed, or if the Commission on its own Mississippi River Transmission DEPARTMENT OF ENERGY motion believes that formal hearing is Corporation; Notice of Filing required, further notice of such hearing Federal Energy Regulatory will be duly given. February 2, 1999. Commission Under the procedure herein provided Take notice that on January 29, 1999, for, unless otherwise advised, it will be [Docket No. CP99±182±000] Mississippi River Transmission unnecessary for Koch to appear or to be Corporation (MRT) tendered for filing as represented at the hearing. Koch Gateway Pipeline Company; part of its Gas Tariff, Third Revised Notice of Application for Abandonment David P. Boergers, Volume No. 1, the following revised Secretary. February 2, 1999. tariff sheets to become effective March [FR Doc. 99–2923 Filed 2–5–99; 8:45 am] Take notice that on January 28, 1999, 17, 1999: BILLING CODE 6717±01±M Koch Gateway Pipeline Company Substitute Second Revised Sheet No. 98 (Koch), P.O. Box 1478, Houston, Texas Substitute Third Revised Sheet No. 99 77251 filed an application pursuant to DEPARTMENT OF ENERGY 2nd Substitute Original Sheet No. 99A Section 7(b) of the Natural Gas Act and 2nd Substitute Original Sheet No. 99B Part 157 of the Commission’s Federal Energy Regulatory 2nd Substitute Original Sheet No. 99C Regulations requesting permission and Commission 2nd Substitute Original Sheet No. 99D approval to abandon in place by sale to 2nd Substitute Original Sheet No. 99E Creole Gas Pipeline Corporation Original Sheet No. 99F [Docket No. EC99±27±000] (Creole), a Louisiana intrastate gas Original Sheet No. 99G pipeline company, certain pipeline Maine Public Service Company and Substitute Second Revised Sheet No. 185 transmission, gathering and related Energy Atlantic, LLC; Notice of Filing compression and appurtenant facilities MRT states that the purpose of this (commonly known as the Gloria January 28, 1999. filing is to set forth the method MRT Facilities) located in Lafourche, St. Take notice that on January 20, 1999, will use to allocate firm capacity that Bernard, Plaquemines, St. Charles, Maine Public Service Company (MPS) becomes available for subscription on Jefferson and Terrebonne Parishes, and Energy Atlantic, LLC (Energy MRT’s system. MRT states that the Louisiana. The application is on file Atlantic), a wholly-owned subsidiary of revised tariff sheets are in response to with the Commission and open to MPS, tendered for filing an application concerns and suggestions made at the public inspection. under section 203 of the Federal Power Technical Conference and the concerns Any person desiring to be heard or to Act for MPS to dispose, by transfer to noted in the Commission order of make any protest with reference to said Energy Atlantic, of MPS’s FERC Rate October 14, 1998. application should on or before Schedule No. 29, a power sales MRT states that a copy of this filing February 23, 1999, file with the Federal agreement for the sale of energy and is being mailed to each of MRT’s Energy Regulatory Commission, capacity by MPS to Houlton Water Washington, DC 20426, a motion to Company. customers and to the state commissions intervene or a protest in accordance of Arkansas, Illinois and Missouri. Any person desiring to be heard or to with the requirements of the protest such filing should file a motion Any person desiring to protest this Commission’s Rules of Practice and to intervene or protest with the Federal filing should file a protest with the Procedure (18 CFR 385.211 and Energy Regulatory Commission, 888 Federal Energy Regulatory Commission, 385.214) and the regulations under the First Street, NE, Washington, DC 20426, 888 First Street, N.E., Washington, D.C. Natural Gas Act (18 CFR 157.10). All in accordance with Rules 211 and 214 protests filed with the Commission will 20426, in accordance with Section of the Commission’s Rules of Practice be considered by it in determining the 385.211 of the Commission’s Rules and and Procedure (18 CFR 385.211 and appropriate action to be taken but will Regulations. All such protests must be 385.214). All such motions and protests not serve to make the protestants parties filed as provided in Section 154.210 of should be filed on or before January 19, to the proceeding. Any person wishing the Commission’s Regulations. Protests to become a party in any proceeding 1999. Protests will be considered by the will be considered by the Commission herein must file a motion to intervene Commission to determine the in determining the appropriate action to in accordance with the Commission’s appropriate action to be taken, but will be taken, but will not serve to make rules. not serve to make protestants parties to protestants parties to the proceedings. Take further notice that, pursuant to the proceedings. Any person wishing to Copies of this filing are on file with the become a party must file a motion to the authority contained in and subject to Commission and are available for public intervene. Copies of this filing are on the jurisdiction conferred upon the inspection in the Public Reference Commission by Sections 7 and 15 of the file with the Commission and are available for public inspection. Room. Natural Gas Act and the Commission’s David P. Boergers, Rules of Practice and Procedure, a Linwood A. Watson, Jr., Secretary. hearing will be held without further Acting Secretary. notice before the Commission or its [FR Doc. 99–2872 Filed 2–5–99; 8:45 am] [FR Doc. 99–2924 Filed 2–5–99; 8:45 am] designee on this application if no BILLING CODE 6717±01±M BILLING CODE 6717±01±M 6066 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DEPARTMENT OF ENERGY upgraded replacement facilities, all as DEPARTMENT OF ENERGY more fully set forth in the request that Federal Energy Regulatory is on file with the Commission and open Federal Energy Regulatory Commission to public inspection. Commission [Docket No. RP99±68±002] Northwest states that as a result of the [Docket No. TM99±4±29±000] proposed upgrade, the maximum design NorAm Gas Transmission Company; capacity of the meter station would Transcontinental Gas Pipe Line Notice of Proposed Changes in FERC increase from approximately 8,300 Dth Corporation; Notice of Proposed Gas Tariff per day to approximately 10,650 Dth per Changes in FERC Gas Tariff day. Northwest also estimates the cost of February 2, 1999. the proposed upgrade to be February 2, 1999. Take notice that on January 28, 1999, approximately $2,000. Take notice that on January 27, 1999 NorAm Gas Transmission Company Any person or the Commission’s staff Transcontinental Gas Pipe Line (ANGT) tendered for filing as part of its may, within 45 days after issuance of Corporation (Transco) tendered for FERC Gas Tariff, Fourth Revised the instant notice by the Commission, filing to become part of its FERC Gas Volume No. 1, the following tariff sheet file pursuant to Rule 214 of the Tariff, Third Revised Volume No. 1, to be effective November 1, 1998: Commission’s Procedural Rules (18 CFR certain revised tariff sheets, which tariff sheets are enumerated in Appendix A Substitute First Revised Sheet No. 208A 385.214) a motion to intervene or notice of intervention and pursuant to Section attached to the filing, to be effective ANGT states that the purpose of this December 1, 1998, January 1, 1999 and filing is to comply with the 157.205 of the Regulations under the Natural Gas Act (18 CFR 157.205) a February 1, 1999. Commissions Letter Order issued Transco states that the purpose of the protest to the request. If no protest is January 15, 1999 in Docket No. RP99– instant filing is to track rate changes filed within the time allowed therefor, 68–001. attributable to transportation service the proposed activity shall be deemed to Any person desiring to protest this purchased from Texas Gas Transmission be authorized effective the day after the filing should file a protest with the Corporation (Texas Gas) under its Rate time allowed for filing a protest. If a Federal Energy Regulatory Commission, Schedule FT the costs of which are protest is filed and-not withdrawn 888 First Street, NE, Washington, DC included in the rates and charges within 30 days after the time allowed 20426, in accordance with Section payable under Transco’s Rate Schedule for filing a protest, the instant request 385.211 of the Commission’s Rules and FT–NT, and storage service purchased shall be treated as an application for Regulations. All such protests must be from CNG Transmission Corporation authorization pursuant to Section 7 of filed as provided in Section 154.210 of (CNG) under its Rate Schedule GSS the the Natural Gas Act. the Commission’s Regulations. Protests costs of which are included in the rates will be considered by the Commission David P. Boergers, and charges payable under Transco’s in determining the appropriate action to Secretary. Rate Schedules GSS and LSS. be taken, but will not serve to make [FR Doc. 99–2922 Filed 2–5–99; 8:45 am] Transco states that the filing is being protestants parties to the proceedings. BILLING CODE 6717±01±M made pursuant to tracking provisions Copies of this filing are on file with the under Section 4 of Transco’s Rate Commission and are available for public Schedule FT, Section 3 of Transco’s inspection in the Public Reference DEPARTMENT OF ENERGY Rate Schedule GSS and Section 4 of Room. Transco’s Rate Schedule LSS. David P. Boergers, Federal Energy Regulatory Transco states that included in Commission Secretary. Appendices B and C attached to the [FR Doc. 99–2926 Filed 2–5–99; 8:45 am] filing are the explanations of the rate [Docket No. CP98±540±000] BILLING CODE 6717±01±M changes and details regarding the computation of the revised Rate Transcontinental Gas Pipe Line Schedule FT–NT, GSS and LSS rates. DEPARTMENT OF ENERGY Corporation; Notice of Meeting Transco states that copies of the filing February 2, 1999. are being mailed to each of its FT–NT, Federal Energy Regulatory GSS and LSS customers and interested At the request of U.S. Representative Commission State Commission. Bill Pascrell, Jr., of New Jersey, Any person desiring to be heard or to [Docket No. CP99±177±000] Commission staff will attend a meeting protest said filing should file a motion on February 8, 1999, to describe the Northwest Pipeline Corporation; Notice to intervene or a protest with the Commission’s environmental processes Federal Energy Regulatory Commission, of Request Under Blanket and procedures. The meeting will be Authorization 888 First Street, N.E., Washington, D.C. held at the former Assembly of God 20426, in accordance with Sections February 2, 1999. Church in Nutley, New Jersey, located at 385.214 or 385.211 of the Commission’s Take notice that on January 27, 1999, the corner of Bloomfield and Milton Rules and Regulations. All such motions Northwest Pipeline Corporation Avenues. The meeting will begin at 8:00 or protests must be filed in accordance (Northwest) 295 Chipeta Way, Salt Lake PM and adjourn no later than 10:00 PM. with section 154.210 of the City, Utah 84158, filed in Docket No. Additional information about the Commission’s Regulations. Protests will CP98–177–000 a request pursuant to meeting is available from Paul McKee in be considered by the Commission in Sections 157.205 and 157.216 and 211 the Commission’s Office of External determining the appropriate action to be of the Commission’s Regulations under Affairs at (202) 208–1088. taken, but will not serve to make the Natural Gas Act (18 CFR 157.205, David P. Boegers, protestants parties to the proceedings. 157.216, and 211) for authorization to Secretary. Any person wishing to become a party abandon certain existing undersized [FR Doc. 99–2874 Filed 2–5–99; 8:45 am] must file a motion to intervene. Copies facilities and to construct and operate BILLING CODE 6717±01±M of this filing are on file with the Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6067

Commission and are available for public 1. Eagle Gas Marketing Company 4. Hafslund Energy Trading LLC; TECO inspection in the Public Reference EnergySource, Inc.; Golden Valley [Docket No. ER96–1503–011] Room. Power Company; Granger Energy, David P. Boergers, Take notice that on January 15, 1999, L.L.C.; Sparc, L.L.C.; Rocky Mountain Secretary. the above-mentioned power marketer Natural Gas & Electric L.L.C.; Black [FR Doc. 99–2929 Filed 2–5–99; 8:45 am] filed a quarterly report with the Hills Energy Resources, Inc.; WPS BILLING CODE 6717±01±M Commission in the above-mentioned Energy Services, Inc.; ProLiance proceeding for information only. This Energy, LLC; COM/Energy Marketing, filing is available for public inspection Inc.; Cogentrix Energy Power DEPARTMENT OF ENERGY and copying in the Public Reference Marketing, Inc.; AYP Energy, Inc.; CSW Room or on the internet under Records Energy Services, Inc. Federal Energy Regulatory Information Management System [Docket Nos. ER98–2535–001; ER96–1563– Commission (RIMS) for viewing and downloading. 012; ER98–4334–001; ER97–4240–002; [Docket No. RP99±210±000] ER98–2671–001; ER98–3108–001; ER95– 2. InterCoast Power Marketing Co.; 1415–006; ER96–1088–021; ER97–420–008; Viking Gas Transmission Company; Atlanta Gas Light Services, Inc.; CU ER98–449–004; ER95–1739–014; ER96– Notice of Filing Power Canada Limited; North 2673–009; and ER98–2075–004] American Energy Conservation Inc.; Take notice that on January 25, 1999, February 2, 1999. The Green Power Connection, Inc.; the above-mentioned power marketers Take notice that on January 29, 1999, Electrade Corporation; NYSEG filed quarterly reports with the Viking Gas Transmission Company Solutions, Inc. Commission in the above-mentioned (Viking) tendered for filing a report of proceedings for information only. These penalty revenues and credits for the [Docket Nos. ER94–6–012; ER97–542–006; filings are available for public period of November 1, 1997 through ER98–4582–001; ER94–152–020 and EL94– inspection and copying in the Public October 31, 1998. 9–000; ER97–3888–006; ER94–1478–014; and Reference Room or on the internet Viking states that copies of the filing ER99–220–000] under Records Information Management have been mailed to all of its Take notice that on January 26, 1999, System (RIMS) for viewing and jurisdictional customers and to affected the above-mentioned power marketers downloading. state regulatory commissions. Any person desiring to be heard or to filed quarterly reports with the 5. FPL Energy Power Marketing, Inc.; protest said filing should file a motion Commission in the above-mentioned FPL Energy Maine Hydro, Inc.; FPL to intervene or a protest with the proceedings for information only. These Energy Mason, LLC; FPL Energy Federal Energy Regulatory Commission, filings are available for public Wyman, LLC; FPL Energy Wyman IV, 888 First Street, NE, Washington, DC inspection and copying in the Public LLC; FPL Energy AVEC, LLC 20426, in accordance with Sections Reference Room or on the internet [Docket Nos. ER98–3566–000 and ER98– 385.214 or 385.211 of the Commission’s under Records Information Management 3566–001; ER98–3511–000 and ER98–3511– Rules and Regulations. All such motions System (RIMS) for viewing and 001; ER98–3562–000 and ER98–3562–001; or protests must be filed in accordance downloading. ER98–3563–001; ER98–3564–001 and ER98– with Section 154.210 of the 3565–001] 3. The Furst Group, Inc.; Advantage Commission’s Regulations. Protests will Take notice that on January 26, 1999, be considered by the Commission in Energy, Inc.; Mid American Natural the above-mentioned power marketers determining the appropriate action to be Resources, Inc.; Cook Inlet Energy filed quarterly reports with the taken, but will not serve to make Supply; Keystone Energy Services, Inc.; Commission in the above-mentioned protestants parties to the proceedings. Astra Power, LLC; FirstEnergy Trading proceedings for information only. These Any person wishing to become a party and Power Marketing, Inc.; Niagara filings are available for public must file a motion to intervene. Copies Energy & Steam Co., Inc.; Seagull Power inspection and copying in the Public of this filing are on file with the Services Inc.; Alpena Power Marketing, Reference Room or on the internet Commission and are available for public L.L.C.; Central Hudson Enterprises under Records Information Management inspection in the Public Reference Corporation System (RIMS) for viewing and downloading. Room. [Docket Nos. ER98–2423–001; ER97–2758– David P. Boergers, 004; ER95–1423–000; ER96–1410–012; 6. Yadkin, Inc. Secretary. ER97–3053–005; ER98–3378–003; ER95– [Docket No. ER99–1461–000] [FR Doc. 99–2925 Filed 2–5–99; 8:45 am] 1295–011; ER97–1414–004; ER96–342–011; Take notice that on January 26, 1999, BILLING CODE 6717±01±M ER97–4745–005; and ER97–2869–006] Yadkin, Inc. tendered for filing a Take notice that on January 25, 1999, summary of activity for the quarter DEPARTMENT OF ENERGY the above-mentioned power marketers ending December 31, 1998. filed quarterly reports with the Comment date: February 16, 1999, in Federal Energy Regulatory Commission in the above-mentioned accordance with Standard Paragraph E Commission proceedings for information only. These at the end of this notice. filings are available for public [Docket No. ER96±1503±011, et al.] 7. PECO Energy Company inspection and copying in the Public [Docket No. ER99–1464–000] Eagle Gas Marketing Company, et al.; Reference Room or on the internet Electric Rate and Corporate Regulation under Records Information Management Take notice that on January 26, 1999, Filings System (RIMS) for viewing and PECO Energy Company (PECO) filed a downloading. summary of transactions made during January 29, 1999. the fourth quarter of calendar year 1998 Take notice that the following filings under PECO’s Electric Tariff Original have been made with the Commission: Volume No. 1 accepted by the 6068 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Commission in Docket No. ER95–770– with the Federal Energy Regulatory 13. Indeck-Pepperell Power Associates, 000, as subsequently amended and Commission an executed Transmission Inc. accepted by the Commission in Docket Service Agreement between Niagara [Docket No. ER99–1474–000] No. ER97–316–000. Mohawk and PG&E Energy Services Comment date: February 16, 1999, in Corporation (PG&E). This Transmission Take notice that on January 26, 1999, accordance with Standard Paragraph E Service Agreement specifies that PG&E Indeck-Pepperell Power Associates, Inc. at the end of this notice. has signed on to and has agreed to the (Indeck-Pepperell), tendered for filing with the Federal Energy Regulatory 8. Elwood Marketing, LLC terms and conditions of Niagara Mohawk’s Open Access Transmission Commission a Power Purchase and Sale [Docket No. ER99–1465–000] Tariff as filed in Docket No. OA96–194– Agreement between Indeck Pepperell and Select Energy, Inc. (Select), dated Take notice that on January 26, 1999, 000. This Tariff, filed with FERC on July December 10, 1998, for service under Elwood Marketing, LLC tendered for 9, 1996, will allow Niagara Mohawk and Indeck Pepperell’s Rate Schedule FERC filing its proposed FERC Electric Rate PG&E to enter into separately scheduled No. 1. Schedule No. 1 and requested certain transactions under which Niagara waivers of the Commission Regulations. Mohawk will provide transmission Indeck Pepperell requests that the Comment date: February 12, 1999, in service for PG&E as the parties may Service Agreement be made effective as of December 10, 1998. accordance with Standard Paragraph E mutually agree. at the end of this notice. Comment date: February 12, 1999, in Niagara Mohawk requests an effective accordance with Standard Paragraph E 9. Baltimore Gas and Electric Company date of January 8, 1999. Niagara at the end of this notice. [Docket No. ER99–1466–000] Mohawk has requested waiver of the notice requirements for good cause 14. New England Power Company Take notice that on January 26, 1999, Baltimore Gas and Electric Company shown. [Docket No. ER99–1476–000] (BGE), tendered for filing a Service Niagara Mohawk has served copies of Take notice that on January 26, 1999, Agreement with Citizens Power Sales, the filing upon the New York State New England Power Company dated November 30, 1998 under BGE’s Public Service Commission and PG&E. submitted for filing its response to the FERC Electric Tariff Original Volume Comment date: February 12, 1999, in Commission’s order in North American No. 3 (Tariff). Under the tendered accordance with Standard Paragraph E Electric Reliability Council, 85 FERC ¶ Service Agreement, BGE agrees to at the end of this notice. 61,353 (1998). provide services to Citizens Power Sales Comment date: February 25, 1999, in under the provisions of the Tariff. 12. Sempra Energy Trading Corp. accordance with Standard Paragraph E BGE requests an effective date of [Docket No. ER99–1473–000] at the end of this notice. November 30, 1998, for the Service Agreement. BGE states that a copy of the Take notice that on January 26, 1999, 15. Industrial Energy Applications, Inc. filing was served upon the Public Sempra Energy Trading Corp. (SET), [Docket No. ER99–1477–000] Service Commission of Maryland. tendered for filing pursuant to Rule 205, Take notice that on January 26, 1999, Comment date: February 12, 1999, in 18 CFR 285.205, a petition for blanket Industrial Energy Applications, Inc. accordance with Standard Paragraph E waivers and blanket approvals under (IEA), filed with the Commission a at the end of this notice. various regulations of the Commission and for an order accepting its FERC Notice of Cancellation of IEA’s Rate 10. Baltimore Gas and Electric Electric Rate Schedule No. 12 (Ancillary Schedule FERC No. 1, which authorizes Company Services—Arizona and Nevada) to be IEA to sell electricity at market-based rates. [Docket No. ER99–1467–000] effective without suspension. IEA requests that the cancellation be Take notice that on January 26, 1999, SET intends to sell certain ancillary made effective as of January 1, 1999, Baltimore Gas and Electric Company services at wholesale to four and seeks waiver of the Commission’s (BGE), tendered for filing a Service transmission providers—Arizona Public notice requirements. IEA states that Agreement with Exelon Energy, dated Service Company, Tucson Electric there are no current purchasers under January 4, 1999 under BGE’s FERC Power Company, Salt River Project, and Rate Schedule No. 1, who would be Electric Tariff Original Volume No. 3 Nevada Power Company—and to their affected by the cancellation. (Tariff). Under the tendered Service transmission customers who opt to self- Comment date: February 12, 1999, in Agreement, BGE agrees to provide procure. The ancillary services that SET services to Exelon Energy under the accordance with Standard Paragraph E proposes to sell are Regulation and at the end of this notice. provisions of the Tariff. Frequency Control, Spinning Reserve BGE requests an effective date of Service, and Supplemental Reserve 16. Central Vermont Public Service January 4, 1999, for the Service Service. SET proposes to sell these Corporation Agreement. BGE states that a copy of the services subject to rates, terms and [Docket No. ER99–1489–000] filing was served upon the Public conditions to be negotiated with the Service Commission of Maryland. buyer. Rate Schedule No. 12 provides Take notice that on January 26, 1999, Comment date: February 12, 1999, in for the sale of the foregoing ancillary Central Vermont Public Service accordance with Standard Paragraph E services at market-based rates. Corporation (Central Vermont), tendered at the end of this notice. for filing a Service Agreement for SET states that it has served copies of Market Rate Power Sales with PP&L, 11. Niagara Mohawk Power its filing on the Nevada Public Utilities Inc., under its FERC Electric Tariff No. Corporation Commission and on the Arizona 8. [Docket No. ER99–1469–000] Corporation Commission. Central Vermont requests waiver of Take notice that on January 26, 1999, Comment date: February 12, 1999, in the Commission’s Regulations to permit Niagara Mohawk Power Corporation accordance with Standard Paragraph E the service agreement to become (Niagara Mohawk), tendered for filing at the end of this notice. effective on January 27, 1999. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6069

Comment date: February 12, 1999, in 19. Western Resources, Inc. 2. New York State Electric & Gas accordance with Standard Paragraph E Corporation [Docket No. OA97–312–003] at the end of this notice. [Docket No. ER99–1494–000] Take notice that Western Resources, 17. Lyndell E. Maddox; Mark C. Cowan; Inc., submitted revised standards of Take notice that on January 26, 1999, J. Stephen Gilbert conduct on January 7 and 19, 1999 in New York State Electric & Gas [Docket Nos. ID–3137–002; ID–3141–002; response to the Commission’s Corporation filed the Summary of and ID–3147–001] September 29, 1998 Order on Standards Quarterly Activity for the calendar year Take notice that on January 19, 1999, of Conduct, 85 FERC ¶ 61,382 (1998). quarter ending December 31, 1998 PG&E Energy Trading—Power Holdings pursuant to Section 205 of the Federal Comment date: February 16, 1999, in Corporation (PGET), with its principal Power Act, 16 U.S.C. § 824d (1985), and accordance with Standard Paragraph E place of business at 1100 Louisiana, Part 35 of the Commission’s Rules of at the end of this notice. Suite 1000, Houston, Texas 77002 filed Practice and Procedure, 18 CFR Part 35, with the Federal Energy Regulatory Standard Paragraphs and in accordance with Ordering Commission a Notice of Changes with Paragraph J of the Federal Energy respect to interlocking positions held by E. Any person desiring to be heard or to Regulatory Commission’s December 14, the above-named individuals. protest said filing should file a motion 1998 order in Docket No. ER99–221– Comment date: February 18, 1999, in to intervene or protest with the Federal 000. accordance with Standard Paragraph E Energy Regulatory Commission, 888 Comment date: February 16, 1999, in at the end of this notice. First Street, NE, Washington, DC 20426, accordance with Standard Paragraph E in accordance with Rules 211 and 214 at the end of this notice. 18. Allegheny Power Service of the Commission’s Rules of Practice Corporation; Monongahela Power and Procedure (18 CFR 385.211 and 18 3. Mountainview Power Company Company; The Potomac Edison CFR 385.214). All such motions or [Docket No. ER99–1495–000] Company; West Penn Power Company; protests should be filed on or before the American Electric Power Service comment date. Protests will be Take notice that on January 26, 1999, Corporation; Appalachian Power considered by the Commission in Mountainview Power Company Company; Columbus Southern Power determining the appropriate action to be (Mountainview) tendered for filing Company; Indiana Michigan Power taken, but will not serve to make pursuant to the Commission’s October Company; Kentucky Power Company; protestants parties to the proceeding. 16, 1998 Order issued in Docket ER98– Kingsport Power Company; Ohio Power Any person wishing to become a party 4301-000, Mountainview’s quarterly Company; Wheeling Power Company; must file a motion to intervene. Copies transaction report for the calendar Commonwealth Edison Company; of these filings are on file with the quarter ending December 31, 1998. Commonwealth Edison Company of Commission and are available for public Comment date: February 16, 1999, in Indiana, Inc.; Consolidated Edison inspection. accordance with Standard Paragraph E Company of New York, Inc.; Illinois at the end of this notice. Power Company; Wisconsin Electric David P. Boergers, Power Company Secretary. 4. Riverside Canal Power Company [FR Doc. 99–2919 Filed 2–5–99; 8:45 am] [Docket No. ER99–1496–000] [Docket Nos. OA97–117–008; OA97–408– 007; OA97–459–008; OA97–279–007; OA97– BILLING CODE 6717±01±P Take notice that on January 26, 1999, 126–007; and OA97–216–007] Riverside Canal Power Company Take notice that the companies listed (Riverside) tendered for filing pursuant DEPARTMENT OF ENERGY in the above-captioned dockets to the Commission’s October 16, 1998 submitted revised standards of conduct Federal Energy Regulatory Order issued in Docket ER98–4302-000, and/or revised the organizational charts Commission Riverside’s quarterly transaction report and job descriptions posted on OASIS for the calendar quarter ending in response to the Commission’s December 31, 1998. [Docket No. ER99±1493±000, et al.] December 18, 1998 order on standards Comment date: February 16, 1999, in of conduct.1 Indeck-Pepperell Power Associates, accordance with Standard Paragraph E The December 18, 1998 order at the end of this notice. accepted the standards of conduct Inc., et al.; Electric Rate and Corporate submitted by Illinois Power Company Regulation Filings 5. NGE Generation, Inc. and Wisconsin Electric Power Company February 1, 1999. [Docket No. ER99–1502–000] but required them to revise their Take notice that on January 27, 1999, organizational charts and job Take notice that the following filings NGE Generation, Inc. filed the Summary descriptions posted on OASIS within 30 have been made with the Commission: of Quarterly Activity for the calendar days. These companies did not make 1. Indeck-Pepperell Power Associates, year quarter ending December 31, 1998, any filings with the Commission (nor Inc. pursuant to Section 205 of the Federal were they required to). However, by this Power Act, 16 U.S.C. § 824d (1985), and notice, the public is invited to [Docket No. ER99–1493–000] Part 35 of the Commission’s intervene, protest or comment regarding Take notice that on January 21, 1999, Regulations, 18 CFR Part 35, and in their revised organizational charts and Indeck-Pepperell Power Associates, Inc. accordance with Ordering Paragraph J of job descriptions. (IPA) tendered for filing a summary of Comment date: February 16, 1999, in the Federal Energy Regulatory activity for the quarter ending December Commission’s June 9, 1997 order in accordance with Standard Paragraph E 31, 1998. at the end of this notice. Docket No. ER97–2518–000. Comment date: February 16, 1999, in Comment date: February 16, 1999, in 1 Allegheny Power Service Corporation, 85 FERC accordance with Standard Paragraph E accordance with Standard Paragraph E ¶ 61,390 (1998). at the end of this notice. at the end of this notice. 6070 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

6. Tucson Electric Power Company summary of activity for the quarter and on the California Public Utilities [Docket No. ER99–1503–000] ending December 31, 1998. Commission. Comment date: February 17, 1999, in Comment date: February 17, 1999, in Take notice that on January 27, 1999, accordance with Standard Paragraph E accordance with Standard Paragraph E Tucson Electric Power Company at the end of this notice. at the end of this notice. (Tucson), tendered for filing a Transaction Report regarding power 11. Fitchburg Gas and Electric Light 16. Florida Power Corporation purchases and sales under its Market- Company [Docket No. ER99–1524–000] Based Power Sales Tariff for Affiliate [Docket No. ER99–1512–000] Take notice that on January 28, 1999, Sales for quarter ended December 31, Take notice that on January 28, 1999, Florida Power Corporation submitted a 1998. Fitchburg Gas and Electric Light report of short-term transactions that Comment date: February 16, 1999, in Company tendered for filing a summary occurred under its Market-Based Rate accordance with Standard Paragraph E of activity for the quarter ending Wholesale Power Sales Tariff (FERC at the end of this notice. December 31, 1998 Electric Tariff, First Revised Volume No. 7. Tucson Electric Power Company Comment date: February 17, 1999, in 8) during the quarter ending December accordance with Standard Paragraph E 31, 1999. [Docket No. ER99–1504–000] at the end of this notice. Comment date: February 17, 1999, in Take notice that on January 27, 1999, 12. Great Bay Power Corporation accordance with Standard Paragraph E Tucson Electric Power Company at the end of this notice. (Tucson), tendered for filing a [Docket No. ER99–1517–000] 17. Avista Corporation Transaction Report regarding power Take notice that on January 28, 1999 purchases and sales under its Market- Great Bay Power Corporation tendered [Docket No. ER99–1531–000] Based Power Sales Tariff for quarter for filing a revised summary of activity Take notice that on January 28, 1999, ended December 31, 1998. for the quarter ending December 31, Avista Corporation, formerly The Comment date: February 16, 1999, in 1998. Washington Water Power Company, accordance with Standard Paragraph E Comment date: February 17, 1999, in tendered for filing its summary of at the end of this notice. accordance with Standard Paragraph E activity for the quarter ending December 8. Niagara Mohawk Power Corporation at the end of this notice. 31, 1998 under its FERC Electric Tariff Original Volume No. 9. [Docket No. ER99–1505–000] 13. Medical Area Total Energy Plant Plant, Inc. Comment date: February 17, 1999, in Take notice that on January 27, 1999, accordance with Standard Paragraph E Niagara Mohawk Power Corporation [Docket No. ER99–1518–000] at the end of this notice. tendered for filing its Quarterly Sales Take notice that on January 28, 1999, 18. GEN-SYS Energy and Services Summary for the quarters Medical Area Total Energy Plant, Inc. ending September 30, 1998 and (MATEP) tendered for filing a summary [Docket No. ER99–1532–000] December 31, 1998 as required by the of activity for the quarter ending Take notice that on January 28, 1999, Commission’s Order dated September December 31, 1998. GEN-SYS Energy (GSE) tendered for 25, 1996 in Docket No. ER96–2585–000. Comment date: February 17, 1999, in filing with the Federal Energy A copy of the filing has been served accordance with Standard Paragraph E Regulatory Commission, a market upon the New York Public Service at the end of this notice. summary activity for GSE for the quarter Commission. 14. CLECO Corporation ending December 31, 1998. Comment date: February 16, 1999, in Comment date: February 17, 1999, in accordance with Standard Paragraph E [Docket No. ER99–1519–000] accordance with Standard Paragraph E at the end of this notice. Take notice that on January 28, 1999, at the end of this notice. CLECO Corporation, tendered for filing 9. PacifiCorp 19. Western Resources, Inc. CLECO Corporation Market Based Rate [Docket No. ER99–1506–000] Tariff MR–1, the quarterly report for [Docket No. ER99–1535–000] Take notice that on January 27, 1999, transactions undertaken by CLECO Take notice on January 28, 1999, PacifiCorp tendered for filing in Corporation for the quarter ending Western Resources, Inc., tendered for accordance with the Commission’s June December 31, 1998. filing a summary of sales under its 26, 1997 Order under FERC Docket No. CLECO Corporation states that a copy Market-Based Power Sales Tariff for the ER97–2801–000, a Report showing of the filing has been served on the quarter ending December 31, 1998. PacifiCorp’s transactions under Louisiana Public Service Commission. Comment date: February 17, 1999, in PacifiCorp’s FERC Electric Tariff, Comment date: February 17, 1999, in accordance with Standard Paragraph E Original Volume No. 12 for the quarter accordance with Standard Paragraph E at the end of this notice. ending on December 31, 1999. at the end of this notice. Copies of this filing were supplied to Standard Paragraphs 15. California Power Exchange the Washington Utilities and E. Any person desiring to be heard or Transportation Commission and the [Docket No. ER99–1521–000] to protest said filing should file a Public Utility Commission of Oregon. Take notice that on January 28, 1999, motion to intervene or protest with the Comment date: February 16, 1999, in the California Power Exchange Federal Energy Regulatory Commission, accordance with Standard Paragraph E Corporation (PX) tendered for filing its 888 First Street, N.E., Washington, D.C. at the end of this notice. quarterly indices of customers subject to 20426, in accordance with Rules 211 10. Unitil Power Corp. PX Participation Agreements and Meter and 214 of the Commission’s Rules of Services Agreements. The indices cover Practice and Procedure (18 CFR 385.211 [Docket No. ER99–1511–000] the period ending December 31, 1998. and 18 CFR 385.214). All such motions Take notice that on January 28, 1999, The PX states that it has served copies or protests should be filed on or before Unitil Power Corp. tendered for filing a of its filing on the affected customers the comment date. Protests will be Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6071 considered by the Commission in Consent Agenda—Electric ER98–4015, 001, Washington Water Power determining the appropriate action to be CAE–1. Docket# ER99–993, 000, Mid- Company taken, but will not serve to make Continent Area Power Pool ER98–4018, 001, Idaho Power Company protestants parties to the proceeding. CAE–2. ER98–4040, 001, PG&E Energy Trading- Power, L.P. Any person wishing to become a party Docket# ER99–35, 000, Boston Edison Company ER98–4068, 001, AES Power, Inc. must file a motion to intervene. Copies # ER98–4078, 001, North American Energy of these filings are on file with the Other S EL99–7, 000, Boston Edison Company Conservation, Inc. Commission and are available for public EL99–8, 000, Boston Edison Company ER98–4100, 001, Duke/Louis Dreyfus, inspection. CAE–3. L.L.C. David P. Boergers, Docket# ER99–694, 000, Southern Energy ER98–4101, 001, Duke Energy Trading and Marketing, L.L.C. Secretary. Canal, L.L.C. Other# ER99–1024, 000, Southern Energy ER98–4128, 001, Questar Energy Trading [FR Doc. 99–2920 Filed 2–5–99; 8:45 am] Canal, L.L.C. Company BILLING CODE 6717±01±P CAE–4. Docket# ER99–1001, 000, CH ER98–4131, 001, South Jersey Energy Resources, Inc. Company CAE–5. Docket# ER99–967, 000, Wisvest— ER98–4132, 001, Portland General Electric DEPARTMENT OF ENERGY Connecticut, L.L.C. Company CAE–6. ER98–4175, 001, NGE Generation, Inc. Federal Energy Regulatory Docket# ER99–978, 000, Boston Edison ER98–4176, 001, El Paso Energy Marketing Company Commission Company # Other#S EL99–31, 000, Boston Edison CAE–18. Docket EL99–12, 000, Wisconsin Sunshine Act Meeting Company Electric Power Company v. Northern CAE–7. Docket# ER99–1035, 000, Pacific Gas States Power Company (Minnesota) and February 3, 1999. and Electric Company Northern States Power Company Other#S EL99–34, 000, Pacific Gas and (Wisconsin) The following notice of meeting is # Electric Company CAE–19. Docket RM95–9, 006, Open Access published pursuant to section 3(A) of # Same-Time Information System and the Government in the Sunshine Act CAE–8. Docket ER99–970, 000, Rockgen Energy, LLC Standards of Conduct # (Pub. L. No. 94–409), 5 U.S.C. 552B: CAE–9. Docket# ER99–1004, 000, Entergy CAE–20. Docket RM95–9, 003, Open Access Same-Time Information System (Oasis) AGENCY HOLDING MEETING: Federal Nuclear Generation Company and Standards of Conduct Energy Regulatory Commission. CAE–10. Docket# ER99–933, 000, California Power Exchange Corporation CAE–21. # DATE AND TIME: February 10, 1999, 10:00 CAE–11. Docket# TX97–1, 000, The Montana Docket NJ98–5, 001, Big Rivers Electric a.m. Power Company Corporation # CAE–12. Other s NJ97–7, 001, Department of PLACE: Room 2C, 888 First Street, N.E., Docket# ER90–373, 006, Northeast Utilities Energy—Bonneville Power Washington, D.C. 20426. Service Company Administration STATUS: Open. Other#S EL90–39, 003, Connecticut Light & NJ98–2, 002, Department of Energy— Power Company V. Western Southwestern Power Administration MATTERS TO BE CONSIDERED: Agenda. Massachusetts Electric Company NJ98–3, 002, Salt River Project Agricultural Note: Items listed on the agenda may be ER90–390, 006, Northeast Utilities Service Improvement and Power District deleted without further notice. Company NJ98–3, 003, Salt River Project Agricultural CAE–13. Docket# TX96–2, 000, City of Improvement and Power District CONTACT PERSON FOR MORE INFORMATION: College Station, Texas CAE–22. David P. Boergers, Secretary, Telephone CAE–14. Omitted Docket# OA97–105, 002, Carolina Power & CAE–15. Docket# ER99–353, 001, Firstenergy Light Company (202) 208–0400, for a recording listing # items stricken from or added to the Operating Companies Other s OA97–184, 003, The Detroit Edison Company meeting, call (202) 208–1627. CAE–16. Omitted CAE–17. OA97–280, 003, Kansas City Power & Light This is a list of matters to be Docket# ER98–3549, 001, Southern Company considered by the commission. It does Company Energy Marketing, L.P. OA97–287, 002, Central Power and Light not include a listing of all papers Other#S ER98–3551, 001, Conagra Energy Company, Public Service Company of relevant to the items on the agenda; Services, Inc. Oklahoma, Southwestern Electric Power however, all public documents may be ER98–3552, 001, Southern Indiana Gas and Company and West Texas Utilities examined in the reference and Electric Company Company OA97–407, 002, Duquesne Light Company information center. ER98–3556, 001, New Energy Ventures, L.L.C. OA97–422, 002, Central Maine Power Consent Agenda—Hydro ER98–3819, 001, Illinova Energy Partners, Company Inc. OA97–432, 002, Central Louisiana Electric 713th Meeting—February 10, 1999, Regular ER98–3885, 001, Firstenergy Trading & Company, Inc. Meeting (10:00 A.M.) Power Marketing, Inc. OA97–433, 002, Public Service Company CAH–1. Docket# P–9951, 051, Township of ER98–3927, 001, Midcon Power Services of New Mexico Van Buren, Michigan and Sts Corporation OA97–440, 002, Peco Energy Company Hydropower Ltd. ER98–3949, 001, Griffin Energy Marketing, OA97–446, 002, Utilicorp United, Inc. CAH–2. L.L.C. OA97–458, 002, Entergy Services, Inc., Docket# P–2311, 016, Crown Vantage— ER98–3965, 001, Coral Power, L.L.C. Entergy Arkansas, Inc., Entergy Gulf New Hampshire Electric, Inc. ER98–3966, 001, Enron Power Marketing, States, Inc., Entergy Louisiana, Inc. and Other#S P–2311, 024, Crown Vantage— Inc. Entergy Mississippi, Inc., et al. New Hampshire Electric, Inc. ER98–3968, 001, Coral Power, L.L.C. OA97–462, 002, Maine Electric Power CAH–3. Docket# P–10813, 040, City of ER98–3984, 001, British Columbia Power Company Summersville, West Virginia Exchange Corporation OA97–720, 002, Public Service Company CAH–4. Docket# P–2113, 091, Wisconsin ER98–3986, 001, Entergy Power Marketing of New Mexico Valley Improvement Company Corporation CAE–23. CAH–5. Docket# P–10813, 041, City of ER98–3992, 001, LG&E Energy Marketing, Docket# EC96–19, 046, California Power Summersville, West Virginia Inc. Exchange Corporation 6072 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Other#s EL98–51, 001, Eric C. Woychik, et CAG–15. Docket# MG99–10, 000, Portland distribution lines. The study will al. v. California Independent System Natural Gas Transmission System address both capital and operating costs. # Operator Corporation and California CAG–16. Docket CP96–153, 005, Southern The Agency will hold a public Electricity Oversight Board Natural Gas Company meeting on March 18, 1999, to present ER96–1663, 048, California Power CAG–17. Exchange Corporation Docket# CP98–569, 001, Columbia Gas its approach to preparing estimates and CAE–24. Transmission Corporation the preliminary results, and to take Docket# ER98–1581, 000, Atlantic City Other#s CP98–568, 001, Norse Pipeline, comments and suggestions from Electric Company, Baltimore Gas and LLC interested parties. The meeting is open Electric Company and Delmarva Power & CAG–18. Docket# CP98–596, 000, Columbia and all interested persons are invited to Light Company, et al. Gulf Transmission Company attend on a space-available basis. # # Other s ER97–3189 014, PJM CAG–19. Docket CP97–549, 000, CNG Persons interested in attending the Interconnection, L.L.C. Transmission Corporation meeting are requested to register by CAG–20. Docket# CP99–64, 000, Tristate Consent Agenda—Gas and Oil Pipeline, L.L.C. calling Debra Renwick no later than CAG–1. Docket# RP99–202, 000. Northwest CAG–21. Docket# RP99–190, 000, National Friday, March 12, 1999. Alaskan Pipeline Company Fuel Gas Distribution Corporation DATES: The meeting will be held from CAG–2. Docket# RP98–206, 003, Atlanta Gas 8:30 a.m. to 5 p.m. on Thursday, March Light Company Hydro Agenda # 18, 1999. CAG–3. Docket RP99–167, 000, Tennessee H–1. Reserved Gas Pipeline Company ADDRESSES: The meeting will be held in CAG–4. Docket# RP99–186, 000, Florida Gas Electric Agenda Cavalier Rooms C and D at the Sheraton Transmission Company National Hotel, Columbia Pike and E–1. Reserved CAG–5. Washington Boulevard, Arlington, VA Docket# TM99–1–20, 001, Algonquin Gas Oil and Gas Agenda 22204. Transmission Company FOR FURTHER INFORMATION CONTACT: For Other#s TM99–1–20, 000, Algonquin Gas I. Pipeline Rate Matters Transmission Company PR–1. Reserved information concerning this meeting or CAG–6. Docket# RP99–7, 001, Paiute II. Pipeline Certificate Matters the Agency’s effort to estimate public Pipeline Company PC–1. Omitted infrastructure costs, please contact CAG–7. Docket# RP99–176, 001, Natural Gas PC–2. Omitted Sandra L. Perrin at (202) 260–7382, or Pipeline Company of America PC–3. Omitted via e-mail at CAG–8. David P. Boergers, ‘‘[email protected].’’ EPA Docket# RP98–248, 003 Northwest Pipeline Secretary. expects to make informational materials Corporation [FR Doc. 99–3105 Filed 2–4–99; 12:19 pm] available both before and after the Other#s RP98–248, 001, Northwest BILLING CODE 6717±01±P meeting. Persons wishing to be included Pipeline Corporation RP98–248, 002, Northwest Pipeline in the distribution list should contact Corporation Debra A. Renwick at (202) 260–5859, or CAG–9. Docket# RP98–158, 004, Noram Gas ENVIRONMENTAL PROTECTION via e-mail at Transmission Company AGENCY ‘‘[email protected].’’ The CAG–10. Docket# RP97–406, 020, CNG materials will also be posted on the [FRL±6300±1] Transmission Corporation Internet at: ‘‘http://161.80.11.87/water/ CAG–11. formula.nsf/?Open.’’ Click on ‘‘Gap Docket# RP97–369, 007, Public Service Water Programs Gap Analysis Public Meeting Analyses’’ and then on ‘‘Local Level Company of Colorado, et al. Costs.’’ Other#s RP98–39, 015, Northern Natural AGENCY: Environmental Protection In particular, EPA expects to make Gas Company Agency (EPA). RP98–40, 018, Panhandle Eastern Pipe available a draft of the report on funding Line Company ACTION: Notice. needs and gaps at the local level, RP98–42, 011, ANR Pipeline Company together with a summary of major SUMMARY: RP98–43, 010, Anadarko Gathering The Environmental Protection issues, before the public meeting. These Company Agency has initiated a study to identify materials will be posted on the Internet RP98–52, 024, Williams Natural Gas annual funding needs at the local level site (address above) on or about March Company for carrying out drinking water and 12, 1999. Interested persons are RP98–53, 017, K N Interstate Gas wastewater programs, to compare these requested to consult the web page for a Transmission Company needs to current expenditures for these copy of these materials. RP98–54, 017, Colorado Interstate Gas programs, and to identify alternative Company approaches for addressing the Dated: February 2, 1999. CAG–12. anticipated gap between needs and Michael B. Cook, Docket# RP98–52, 025, Williams Gas Director, Office of Wastewater Management. Pipelines Central, Inc. current expenditures. All local level Other#s GP98–3, 003, Oxy USA, Inc. programs and activities eligible for [FR Doc. 99–2990 Filed 2–5–99; 8:45 am] GP98–4, 003, Amoco Production Company financial support from EPA’s Clean BILLING CODE 6560±50±P GP98–13, 003, Mobil Oil Corporation Water and Drinking Water State GP98–16, 003, Union Pacific Resources Revolving Funds as well as other Company Federal, State and local assistance ENVIRONMENTAL PROTECTION GP98–18, 003, Anadarko Petroleum programs will be covered in this study. AGENCY Corporation This would include municipal/ CAG–13. community wastewater treatment [FRL±6300±3] Docket# RP98–310, 002, Natural Gas Pipeline Company of America facilities, sanitary sewers, combined Notice of Gulf of Mexico Program Other#s RP98–310, 001, Natural Gas sewer overflows, stormwater sewers and Management Committee Meeting Pipeline Company of America treatment facilities, nonpoint source CAG–14. Docket# RP99–69, 001, National needs, estuary program needs, and AGENCY: Environmental Protection Fuel Gas Supply Corporation drinking water treatment facilities and Agency (EPA). Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6073

ACTION: Notice. rulemaking. Agency staff may also ask TSCA section 402, Lead-Based Paint participants to give their individual Activities Training and Certification, SUMMARY: The Gulf of Mexico Program reactions to specific proposals and which directs EPA to promulgate will hold its Management Committee questions. regulations to govern the training and Meeting. DATES: The meeting will be held on certification of individuals engaged in DATES: The meeting will be held on March 8, 1999, from 8 a.m. to 5 p.m. lead-based paint activities, the Tuesday, March 2 and Wednesday, Written and electronic comments must accreditation of training programs, and March 3, 1999. be submitted on or before April 16, to establish standards for conducting ADDRESSES: The meeting will be held at 1999. lead-based paint activities. Section 404 the Magnolia Plantation Hotel, 16391 ADDRESSES: The meeting will be held at: of TSCA requires that EPA establish Robinson Road, Gulfport, MS. (228) The Doubletree Hotel, 300 Army Navy procedures for States seeking to 832–8400. Drive, Arlington, VA. establish their own lead-based paint FOR FURTHER INFORMATION CONTACT: All comments, identified by docket activities programs. On August 29, 1996 James D. Giattina, Director, Gulf of control number ‘‘OPPTS–00263,’’ (61 FR 45778) (FRL–5389–9), EPA Mexico Program Office, Building 1103, should be sent in triplicate to: OPPT promulgated final rules that Room 202, Stennis Space Center, MS Document Control Officer (7407), Office implemented sections 402 and 404 of 39529–6000 at (228) 688–1172. of Pollution Prevention and Toxics, TSCA titled ‘‘Lead; Requirements for Lead-Based Paint Activities in Target SUPPLEMENTARY INFORMATION: The Environmental Protection Agency, 401 Housing and Child-Occupied meeting is from 1:00 p.m. until 5:00 M St., SW., Rm. G–099, East Tower, Facilities.’’ These rules are codified at p.m. on March 2 and from 8 a.m. until Washington, DC 20460. 40 CFR part 745, subpart L. Section 12:15 p.m. on March 3. Agenda items Comments and data may also be 402(c)(3) of TSCA directs the Agency to will include: Report on Coastal Sewage submitted electronically to: oppt. [email protected]. Follow the instructions revise these regulations so they apply to Initiative, Nutrient Enrichment Focus renovation or remodeling activities Team Progress Discussion, Update on under Unit III. of this document. No Confidential Business Information (CBI) which create lead-based paint hazards Gulf Hypoxia, Report on in target housing. Communications Committee, should be submitted through e-mail. Nonindigenous Species Regional Panel All comments which contain II. Round Table Discussion information claimed as CBI must be Discussion, Coastal Wetlands and The purpose of the meeting being clearly marked as such. Three sanitized Submerged Aquatic Vegetation Baseline announced today is to obtain individual copies of any comments containing Characterization and Overview of Draft input and comment on the regulatory information claimed as CBI must also be Gulf Coastal Monitoring Strategy and options for modification of existing submitted and will be placed in the Gulf Research Needs Assessment. lead-based paint activities regulations. public record for this action. Persons The meeting is open to the public. The existing regulations are codified at submitting information on any portion James D. Giattina, 40 CFR part 745, subpart L ‘‘Lead-Based of which they believe is entitled to Director, Gulf of Mexico Program Office. Paint Activities.’’ treatment as CBI by EPA must assert a [FR Doc. 99–2992 Filed 2–5–99; 8:45 am] The round table discussion will business confidentiality claim in BILLING CODE 6560±50±P examine the following issues: accordance with 40 CFR 2.203(b) for applicability, accreditation of training each such portion. This claim must be providers, certification of individuals, ENVIRONMENTAL PROTECTION made at the time that the information is and work practice standards (setup, AGENCY submitted to EPA. If a submitter does occupant protection, clean-up, not assert a confidentiality claim at the clearance, and restricted practices). This [OPPTS±00263; FRL±6061±6] time of submission, EPA will consider meeting is open to the public. For this as a waiver of any confidentiality registration information please contact Round Table Discussion of the claim and the information may be made Upcoming Lead Renovation and the National Lead Information Center at available to the public by EPA without 1–800–424–LEAD. Remodeling Rulemaking; Notice of further notice to the submitter. Public Meeting Individuals wishing to provide FOR FURTHER INFORMATION CONTACT: For comments to EPA, but who cannot AGENCY: Environmental Protection general information, please contact: attend the round table discussion may Agency (EPA). Mike Wilson, National Program submit written or electronic comments ACTION: Notice. Chemicals Division (7404), Office of to EPA at the address listed in the Pollution Prevention and Toxics, ‘‘ADDRESSES’’ unit of this notice. In SUMMARY: EPA will hold a round table Environmental Protection Agency, 401 order to be included in the synopsis of discussion meeting on the forthcoming M St., SW., Washington, DC 20460, comments, written and electronic rulemaking under section 402(c)(3) of Telephone: 202–260–4664, e-mail: comments must be received by close of the Toxic Substances Control Act [email protected]. business on April 16, 1999. (TSCA). Section 402(c)(3) directs the To register to attend the meeting, call Agency to revise the regulations, the National Lead Information Center at III. Public Docket and Electronic codified at 40 CFR part 745, subpart L 1–800–424–LEAD. Submissions ‘‘Lead-Based Paint Activities,’’ to apply SUPPLEMENTARY INFORMATION: A record has been established for this to renovation or remodeling activities action under docket control number that create lead-based paint hazards in I. Background ‘‘OPPTS–00263’’ (including comments target housing. The purpose of this The Residential Lead-Based Paint submitted electronically as described discussion is to provide a forum where Hazard Reduction Act of 1992 (Title X) below). A public version of this record, interested parties can contribute amended TSCA by adding a new Title including printed, paper versions of the information and give individual IV. Several sections of Title X direct electronic comments, which does not perspectives on specific policy EPA to promulgate regulations to fulfill include any information claimed as CBI, questions related to the forthcoming the purposes of Title X. These include is available for inspection from noon to 6074 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

4 p.m., Monday through Friday, information on this notice, or to register EPA conducts annual training courses excluding legal holidays. The public for training, Tascon, Inc., (301) 315– to assist you with your reporting record is located in the TSCA Non- 9000 ext. 505, fax: (301) 738–9786, or e- requirements under section 313 of confidential Information Center, Rm. mail: [email protected]. EPCRA and section 6607 of the NE–B607, 401 M St., SW., Washington, SUPPLEMENTARY INFORMATION: Pollution Prevention Act of 1990 (PPA) DC 20460. or Executive Order 12856 (for Federal Electronic comments can be sent I. General Information facilities). You must submit your annual directly to EPA at: A. Does this Notice Apply to Me? release and other waste management [email protected] activity reports (i.e., Form R or Form A) You may find this notice applicable if if your facility meets the descriptions Electronic comments must be you manufacture, process, or otherwise for the following Standard Industrial submitted as an ASCII file avoiding the use any EPCRA section 313 listed toxic Classification (SIC) codes and qualifiers: use of special characters and any form chemical. Potentially applicable • Metal Mining (SIC Code 10, except of encryption. categories and entities may include, but 1011, 1081, and 1094) The official record for this action as are not limited to: • Coal Mining (SIC Code 12, except well as the public version, as described 1241) above will be kept in paper form. • Manufacturing (SIC Codes 20–39) Accordingly, EPA will transfer all • Electricity Generating Facilities comments received electronically into Category Examples of regulated (SIC Codes 4911, 4931, and 4939-- printed, paper form as they are received entities limited to facilities that combust coal and will place the paper copies in the Industry; facili- Metal mining, Coal min- and/or oil for the purpose of generating official record which will also include electricity for distribution in commerce) all comments submitted directly in ties that man- ing, Manufacturing, • ufacture, proc- Electricity generating Hazardous Waste Treatment/TSDF writing. The official record is the paper ess, or other- facilities, Hazardous (SIC Code 4953--limited to facilities record maintained at the address in wise use cer- waste treatment/ regulated under RCRA subtitle C, 42 ADDRESSES at the beginning of this tain chemicals TSDF, Chemicals and U.S.C. section 6921 et seq.) document. allied products-whole- • Chemicals and Allied Products (SIC sale, Petroleum bulk List of Subjects Code 5169) plants and terminals, • Petroleum Bulk Plants and Environmental protection and Lead. and Solvent recovery Terminals (SIC Code 5171) services Dated: February 2, 1999. • Solvent Recovery (SIC Code 7389-- limited to facilities primarily engaged in William H. Sanders III, Federal Govern- Federal facilities ment solvents recovery services on a contract Director, Office of Pollution Prevention and or fee basis) Toxics. • This table is not intended to be Federal Facilities (by Executive [FR Doc. 99–2986 Filed 2–5–99; 8:45 am] exhaustive, but rather provides a guide Order 12856) BILLING CODE 6560±50±F for readers regarding entities likely to B. What Is Presented At These Training find this notice of training course Courses? offerings applicable. Other types of ENVIRONMENTAL PROTECTION The training courses present reporting entities not listed in the table may also AGENCY requirements of EPCRA section 313 and find this notice applicable. To PPA section 6607. A variety of hands- [OPPTS±400139; FRL±6061±3] determine whether your facility could on exercises using the reporting forms find this notice applicable, you should (i.e., Form R or Form A) along with Emergency Planning and Community carefully examine the applicability supporting materials will be used to Right-to-Know/Toxic Release Inventory criteria in part 372, subpart B of Title 40 help you understand any reporting Training Workshop Schedules for of the Code of Federal Regulations. If obligations you might have under Section 313 Reporting Requirements you have questions regarding the EPCRA section 313. The training applicability of this action to a AGENCY: Environmental Protection courses are scheduled in the spring so particular entity, consult the person Agency (EPA). that you can prepare and submit your listed in the preceding ‘‘FOR FURTHER ACTION: Notice. report(s) for the 1998 Reporting Year on INFORMATION CONTACT’’ section. or before July 1, 1999. SUMMARY: EPA will conduct EPCRA/TRI You may be able to take advantage of training workshops across the country the training courses if: C. How Much Time Is Required for the during the spring of 1999. These • Your facility is a facility covered Training? workshops are intended to assist under section 313 of the Emergency The full training course runs 3 days. persons preparing their annual reports Planning and Community Right-to- The first day and a half is devoted to a on release and other waste management Know Act (EPCRA) general discussion of EPCRA section activities as required under sections 313 • Your facility is a Federal facility 313 reporting requirements with of the Emergency Planning and that maufactures, processes, or exercises used to reinforce key concepts. Community Right-to-Know Act of 1986 otherwise uses section 313 listed toxic Beginning the afternoon of the second (EPCRA) and section 6607 of the chemicals day, the half-day industry-specific Pollution Prevention Act of 1990 (PPA). • You prepare annual release and modules begin. Assuming sufficient These reports must be submitted to EPA other waste management activity reports interest in all five industry-specific and designated state officials on or (i.e., Form R or Form A) modules, the first two modules will before July 1, 1999. • You are a consultant who assists in begin concurrently on the afternoon of FOR FURTHER INFORMATION CONTACT: the preparation of these reports; or you the second day, while the next Michael Hart, (202) 260–1576, e-mail would like information on recent additional and different modules will be [email protected], for specific changes to EPCRA/TRI regulations held concurrently on the morning of the Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6075 third day, and the fifth and final module for modules will be determined during and, in some cases, are focused for a will be held on the afternoon of the the first day of training and that there particular industry sector(s). Table 2 third day. The five different modules may be a gap between the general 11⁄2– (see section D. of this unit) contains a are: day course and your preferred industry- list of these courses currently • Metal mining facilities and coal specific module. Every effort will be scheduled. mining facilities (combination module) taken during the scheduling process to D. When Are These Training Courses • Electricity generating facilities accommodate as many participants as Offered and How Do I Register? • TSD/solvent recovery facilities possible within the shortest time frame. (combination module) EPA workshops also will include The schedules for training courses are • Petroleum bulk plants and industry-specific training to provide provided below in Tables 1 and 2 terminals facilities and chemical and information to further assist facilities below. You should note, however, that allied products facilities (combination with the reporting obligations they may changes to the schedules may occur module) have for the 1998 reporting year with without further notice so it is important • Manufacturing facilities reports due on or before July 1, 1999. to check your registration materials and Scheduling for modules will be based EPA intends to present all five modules confirmation notice. Also, you may on participant interest with the two at each 3–day training course for the access current training course schedule most popular modules beginning during newly added industries, but this may be information via the TRI Home Page the afternoon of the second day. Again, modified for each 3–day training course (http://www.epa.gov/opptintr/tri). assuming sufficient interest in all five based on sufficient interest. Table 1 (see You should direct your requests for modules, the third and fourth most section D. of this unit) contains a list of training course registration materials, popular modules will be offered during the 3–day courses currently scheduled. including schedules of dates and the morning of the third day and the last In addition, EPA is conducting locations, to Tascon, Inc., (301) 315– module will be held in the afternoon. abbreviated training courses. These 9000 ext. 505, fax: (301) 738–9786, or e- You should be aware that the schedule courses are 1⁄2, 1, or 2 days in duration mail: [email protected]. Table 1.ÐFull 3±Day Workshop Schedule

Date Location Intended Audience

February 23±25 Oklahoma City, OK All industries March 1±3 Minneapolis, MN All industries March 16±18 New York, NY All industries March 23±25 Washington, DC All industries March 23±25 Columbia, SC All industries March 30±April 1 Ann Arbor, MI All industries April 6±8 Boston, MA All industries April 6±8 Nashville, TN All industries April 13±15 Edison, NJ All industries April 13±15 Kansas City, MO All industries April 20±22 Dallas, TX All industries May 11±13 Philadelphia, PA All industries May 11±13 Denver, CO All industries May 17±19 Portland, OR All industries May 24±26 San Francisco, CA All industries

Table 2.Ð Abbreviated or Focused (1¤2±, 1±, and 2±Day) Workshop Schedule

Date Region Location Intended Audience

March 9 8 Salt Lake City, UT Mfg. only March 10 8 Salt Lake City, UT New industries only March 29±30 9 Los Angeles, CA Day 1: All industries Day 2: Mfg., EGF, TSD only March 31±April 1 9 San Diego, CA Day 1: All industries Day 2: Mfg., EGF, TSD only April 1±2 9 Reno, NV All industries April 6 (1¤2 day) 3 Baltimore, MD All industries April 8 (1¤2 day) 3 Hagerstown, MD All industries April 8±9 2 Puerto Rico, PR All industries April 16 2 Atlantic City, NJ All industries April 20 (1¤2 day) 3 Richmond, VA All industries April 20 7 Overland Park, KS All industries* April 22 (1¤2 day) 3 Roanoke, VA All industries April 22 7 St. Louis, MO All industries* April 26±27 4 Atlanta, GA Mfg. petro/chem only April 27 5 Michigan City, IN All industries April 27 7 Des Moines, IA All industries April 28±29 4 Atlanta, GA New industries only April 29 5 Columbus, OH All industries April 29 7 Lincoln, NE All industries* May 17 9 Fresno, CA All industries May 18 5 Bloomington, MN All industries May 18±19 9 Phoenix, AZ Mining and mfg. only* 6076 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Table 2.Ð Abbreviated or Focused (1¤2±, 1±, and 2±Day) Workshop ScheduleÐContinued

Date Region Location Intended Audience

May 19 (1¤2 day) 3 Reading, PA All industries May 20 9 Reno, NV Mining only May 20 5 Brookfield, WI All industries May 21 9 Sacramento, CA All industries May 20±21 10 Eugene, OR All industries May 24±25 9 Las Vegas, NV All industries May 24±25 10 Seattle, WA All industries May 26 10 Boise, ID All industries May 27 5 Champaign, IL All industries May 27±28 9 Carson City, NV All industries June 9 5 Detroit, MI All industries Notes: * = Registration fee will be required for these workshops All Industries = Manufacturing and New Industries EGF = Electricity Generating Facilities Mfg. = Manufacturing (SIC Codes 20-39) Mining only = Metal Mining and Coal Mining New Industries only = Metal Mining (SIC Code 10, except 1011, 1081, and 1094), Coal Mining (12, except 1241), Electricity Generating Facili- ties (4911, 4931, and 4939--limited to facilities that combust coal and/or oil for the purpose of generating electricity for distribution in commerce), TSD (4953, limited to facilities regulated under RCRA subtitle C, 42 U.S.C. section 6921 et seq.), Chemical and Allied Products (5169), Petro- leum Bulk Plants and Terminals (5171), and Solvent Recovery (7389--limited to facilities primarily engaged in solvents recovery services on a contract or fee basis) Petro/Chem = Petroleum Bulk Plants and Terminals Chemical and Allied Products facilities TSD = Treatment, Storage, and Disposal facilities

To register for the full 3-day training number, your e-mail address, and your training courses should be directed to courses (Table 1), you must send a preferred training location(s) to Tascon, Tascon, Inc. unless the training course completed registration application, Inc. via telephone ((301) 315–9000 is listed below with a separate including your name, your company’s extension 505), fax ((301) 738–9783), or workshop contact (see Table 3 below). name and SIC code, your postal address, e-mail ([email protected]). Requests for your telephone number, your fax applications for abbreviated or focused Table 3.ÐWorkshop Contacts

Date Location Audience Workshop Contact

April 1±2 Reno, NV All industries Scott Alquist Truckee Meadows Community College [email protected] or 775-829-9000

April 20 Overland Park, KS All industries Judy Luce Dynamac [email protected] (913) 551-7680 or (913) 551-7680 (fax)

April 22 St. Louis, MO All industries Do.

April 27 Des Moines, IA All industries Do.

April 29 Lincoln, NE All industries Do.

You will receive an acknowledgment E. How Much Will the Training Course purchase non-refundable transportation of application receipt via fax or e-mail. Cost? tickets or accommodation reservations. If your application is accepted, a There is no registration fee for the full List of Subjects confirmation notice will be sent to you 3–day training courses listed in Table 1; that will contain important information there may be a registration fee for the Environmental protection, regarding date, location, directions, etc. Table 2 workshops. You may access Community right-to-know, Reporting If the training course you applied for is information regarding registration fees and recordkeeping requirements, Toxics filled or canceled, alternate training via the TRI Home Page at http:// Release Inventory. www.epa.gov/opptintr/tri or by courses will be suggested. Since space is Dated: January 28, 1999. limited, you are encouraged to submit contacting the respective Regional William H. Sanders III, your registration application as early as Workshop Contact listed in Table 3. If possible, but not less than 1 week before there is insufficient interest at any of the Director, Office of Pollution Prevention and Toxics. your preferred training course. training course locations, those courses may be canceled. The Agency bears no [FR Doc. 99–2985 Filed 2–5–99; 8:45 am] responsibility for your decision to BILLING CODE 6560±50±F Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6077

ENVIRONMENTAL PROTECTION Products, Burlington Industries, CM Furniture Co., Hunt Mfg., Hydro-Agra North AGENCY Furniture, Inc., Cabinet Makers, Inc., Capitol America, Inc. aka Transnitro, Inc., Ingersoll Ford, Inc., Cardinal Steel Drum, Caribbean Dresser Pump Company aka Dresser [FRL±6231±5a] Gulf Refining Company, Carolina Enterprises, Industrial-Worthington Pump Division, Carolina Mirror Corporation, Cellu Products Ingersoll Rand, Intercraft Industries, Caldwell Systems, Inc., Superfund aka Sealed Air Corp., Champion Parts International Flavors & Fragrances, Site; Notice of Proposed De Minimis Rebuilders, Inc., Champion Products, Inc., International Paper aka Masonite Settlements S.E., Channel Master, Charlotte Orthopedic Corporation, Ivac Corporation, J.H. Craver & Hospital, Chemical Coatings Corporation, Sons, Inc., J.P. Stevens & Company, Inc., aka AGENCY: Environmental Protection Chemical Leaman Tank Lines, Chemprene, West Point Stevens, James River Dixie Agency. Inc. aka Hercules Products, Cheaspeake Products aka James River Dixie Northern, ACTION: Notice of proposed de minimis Finished Metals, Chevron USA, Ciba-Geigy Jepson Burns Corporation, John Boyle settlements. Corporation, Citgo Petroleum, City Chevrolet, Company, Johnson Controls, Inc. aka Hoover City Motors, City of Lincolnton, City of Universal, Inc., Jordan Oil Company aka SUMMARY: Under section 122(g)(4) of the Raleigh, City of Raleigh-Transportation Dept., Union Oil Company, Kendrick Paint & Body, Comprehensive Environmental Clark Hurth Components aka Clark Kewaunee Scientific, Klingspor Abrasives, Equipment Company, Clayton Marcus Koch Refining aka Koch Fuel, Kohler Response, Compensation and Liability Company, Coats North America fka American Company, Kollmorgen Corp.-Industrial Drive Act (CERCLA), the Environmental Thread, Collins & Aikman, Comm Scope Division, Koopers Company, Kramer Protection Agency (EPA) has offered Company, Inc., Conoco, Inc., Controls Chemicals, Inc. aka Kramer Environmental, approximately 500 de minimis parties at Corporation aka Fasco Industries, Converters Lackawanna Leather Co., Lancaster Synthesis the Caldwell Systems, Inc. Site located Ink Company, Conwed Fibers aka Conwed aka Fairfield Chemical Company, Inc., in Lenoir, North Carolina, an Corporation, Cooper Industries Energy Leathercraft, Lenoir Mirror Company, Liggett opportunity to enter into an Services aka Cooper Energy Service, Cooper Group, Inc. aka Liggett Meyers Tobacco Co., Administrative Order on Consent (AOC) Lighting aka Metalux Lighting, Cornell Liquid Air Company aka Air Liquide Dublier Electronics, Corning, Inc. fka Corning America, Lockheed Missiles & Space Co., to settle claims for past and future Glass Works, Council Business Furniture, Lyon Shaw, Inc., M.A. Bruder & Sons, Inc., response costs at the Site. The original Inc., Crain Industries aka Crain Carolina, M.P.I. Labels of Charlotte, Maintenance settlement offer contained a cost matrix Crawford Door Company, Crown Central Supply Company, Inc. aka Maintenance with a weight assigned to each party Petroleum, Crown Cork & Seal Co., Cryovac Supply Service Corp., Mallinckrodt, Inc., along with a payment amount for each Division, Curtiss-Wright Flight Systems, Dale Manville Packaging Division, Marsh party. The original cost matrix is no Electronics, Damon Clinical Laboratories- Furniture Company, Mayes Brothers Tool longer accurate because of volumetric WCBS, Dana Corporation, Dar-Ran Furniture Mfg. Co., Merck Sharpe & Dohme, Metro challenges. These challenges were Industries, Data General, Dexter Packaging Machine Company, Microm Corp., Midland reviewed and it was determined that the Products aka Dexter Corp.-Midland Division, Brake, Inc., Miller Brewing Company, Miller DuPont Spruance Fibers Plant, Duff Norton Desk Company, Inc., Miller Oil Company, volumes attributed to some of these Company, Duracell, Durham County General Milliken Chemicals Corporation, Mine Safety parties were incorrect. These parties Hospital, EZ Painter Corporation aka EZ Appliance Company, Mitsubishi received letters indicating their new Painter (A Newell Company), E-Z Go Semiconductor of America, Modern weight and payment amounts, if any, Textron, Eagle-Pontiac-GMC aka Royal Chevrolet Company, Monarch Color and these letters are attached to the Pontiac-GMC-Isuzu, East Carolina Heat Treat Corporation, Morganite, Inc., Morganton original cost matrix. Additionally, the aka East Carolina Metal Treating, Eaton Chair, Mr. Frank Bell, Mueller Company, State of North Carolina has a separate Corporation, Eaton Cutler Hammer, Ecusta NCNB, NI-Industries, Nap Consumer AOC. The following list of 359 parties Corporation, Emerson Electric Company, Electronics, Neptco, Inc., New Jersey have returned signature pages accepting Emhart Packaging Group, Empak, Inc., Department of Environmental Protection- Empire Furniture Co., Encas Labs, Division of Waste Management, News & EPA’s settlement offer: Environmental Enterprises, Inc., Observer, Niemand Industries, Inc., North A.E.P. Industries, Inc., A.G. Industries, AVX, Environmental Wastewater Services, Ericsson Carolina Department of Corrections, North Acme Printing, Acme Transformer, Aeroquip, Radio Systems, Inc. fka Anaconda Wire and Carolina Department of Transportation, Alcatel Telecommunications Cable aka Cable, Esstar Corporation aka Amstar North East Solvents Reclamation Corp., Alcatel/Celwave, Alexvale Furniture Corporation, Ethan Allen, Excello Northern Telecom, Norton Company, Nova Company, Allied Colloids, Inc., Allied Corporation-Micromatic Operation, Exide Enterprises aka Nova Kitchen & Bath, OH Towing Corporation, Amerada Hess Electronics, F.M.C. Corporation, Fairfield Materials, Occidental Chemical, Ohio Corporation, American Can Company, Chair Company, Farval aka Farval Cleveland Electric Motors, Onan Power Electronics- American Cyanamid fka Cyanamid c/o Gear, Federal Paper Board, Fermenta Animal ADC Magnetics, Onedia Molded Plactics Margaret Tribble, American National Can Health, Fiber Controls, Fieldcrest Mills, Fina Corporation, Overnite Transportation, PPG Company fka Stroh Container Division, Oil and Chemical Company, Firetrol, Inc., Industries, Inc., Pac-Fab, Inc., Package American Roller Bearing of North Carolina, First National Bank, Flint Ink aka Flin Ink, Prodcuts Specialty aka Package Products Co., Ametek, Inc-Lamb Electric Division, Amoco Forest City Tool, GSX Services, Inc., Gage Pampco, Inc., Paramount Packaging, Parker Oil, Amoco Oil Co. aka Southeast Terminals, Carolina Metals, George A. Goulston Hannifin Corporation, Pelton and Crane, Andrex Industries, Inc., Arrow Automotive Company, Inc., Georgia Bonded Fibers, Penn Engineering, Pennsylvania House Industries, Asplundh Manufacturing, Aus- Gilbarco, Inc., Glaxo, Inc., Glenoit Mills, Inc., Furniture, Phillips Petroleum Company, Ben Industries, Austex Corp. fka Diamond G. Glidden Co. aka Glidden Coatings & Resins, Piedmont Airlines, Plastic Packaging Printed Sportswear, Auto Alignment, Inc., Goodman Conveyor Company, Inc., Goodyear Company, Pneumafil Corp., Polymer B&W Metal Fabrication, BP Oil, Inc.-Gulf Tire & Rubber Co., Great Lakes Chemical Industries, Primary Oil & Energy Corp., Products Division, Babcock & Wilcox, Baker Corp., Great Lakes Research Corp., Green Printpack, Inc., Prodelin, Prodelin, Inc. aka Furniture, Baker Furniture Company, Ford Isuzu, Greenwood Mills, Greet M/A Com Prodelin, Inc., Progressive Balcrank Products, Ball Glass Container Laboratories, Inc., Grinnell Sales & Supplies Furniture Co., Purolator Products Co., RR Corporation, Bassett Furniture Industries, aka I.T.T. Grinnell, Gulf State Paper Donnelly and Sons, R.J. Reynolds Tobacco Inc., aka Bassett Furniture aka Bassett Company, HBD Industries aka Carolina Company, Radiator Specialty, Raleigh Upholstery, Belding Corticelli Thread Rubber Hose Co., Halliston Mills, Inc., Hanes Community Hospital, Ranbar Technology, Company, Betz Labs, Binswanger Southern, Knitwear, Hanes Printables, Inc., Harley Inc. aka BBT, Inc. c/o Ball Chemical Black & Decker, Blackman-Uhler Chemical, Corporation, Hastings Company, Hekman Company, Raychem, Rea Magnet Wire, Borden Chemical Company, Bowater, Furniture Company, Henry-Link Corporation, Reliance Electric aka Reliance Universal, Bowman Gray School of Medicine, Hickory Springs, Hickory Vinyl, Highway Rental Uniform Service, Rex Rosenlaw, Bradington-Young, Inc., Bristol Myers Transport, Inc., Holtrachem, Inc., Hooker Reynolds Metal Company, Rheem 6078 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Manufacturing Company, Rice’s Toyota, Written comments may be submitted The Complaint proposes a penalty of Robert Bosch Power Tool Corp., Rospatch, to Ms. Annette Hill at the above address One Hundred Thirty Thousand Dollars SAFT Americas, Inc., Sam Moore Furniture, within thirty (30) days of the date of ($130,000) for the discharge of Sandoz Chemicals aka Sodyeco, Inc., publication. Sandvik, Inc., Schlage Lock, Schwitzer pollutants to an unnamed tributary of Turbocharger, Sealed Air Corporation, Dated: January 22, 1999. Fishing River in violation of the Seaman Corporation-shelter Rite, Shell Oil Franklin E. Hill, facility’s National Pollutant Discharge Company, Sherwin Williams Co., Shuford Chief, Programs Services Branch, Waste Elimination System (NPDES) permit and Mills, Inc., Sicpa fka Strahan Ink Pacquer Management Division. sections 301 and 402 of the Clean Water Co., Siemans-Allis, Simpson Industries, Act. South Carolina Department of Corrections, [FR Doc. 99–2987 Filed 2–5–99; 8:45 am] FOR FURTHER INFORMATION CONTACT Southchem, Inc., Sherrill Furniture BILLING CODE 6560±50±M : Company, Southeastern Transformer Co., Persons wishing to receive a copy of Inc., Southern Facilities, Southern Furnitire, EPA’s Consolidated Rules, review the Southern Resin, Spindale Mills Inc. aka New ENVIRONMENTAL PROTECTION Complaint or other documents filed in Cherokee, Sprague Electric Co., Square D AGENCY this proceeding, comment upon the Company, St. Regis Paper Company, Stabilus proposed penalty assessment, or [FRL±6231±5] aka Gas Spring Company, Stanadyne- otherwise participate in the proceeding Washington, Stanadyne-Sanford, Standard Products Co., Standex, Stanley Furniture aka Clean Water Act Class II: Proposed should contact the Regional Hearing Raleigh Road Furniture, Star Enterprises, Administrative Penalty Assessment Clerk identified above. State Industries, Inc.-Water Systems, Stauffer and Opportunity To Comment The administrative record for the Chemical Company-Furnace Plant, Regarding the City of Homestead proceeding is located in the EPA Stockhausen, Stroh Brewing Company, Style Village, MO Regional Office at the address stated Upholstery, Sulzer Ruti, Inc., Sun Chemical above, and the file will be open for Corporation aka Sun Chemical Corporation AGENCY: Environmental Protection public inspection during normal aka Gen. Printing Ink, Sun Refining & Agency (‘‘EPA’’). business hours. All information Marketing Company, Superior Cable ACTION: Notice of proposed Company, Superpac, Inc., T&S Brass & submitted by the city of Homestead Bronze, T.I. Industries-Indiana Marketing, administrative penalty assessment and Village is available as part of the Technibilt Division of Whittaker Co., opportunity to comment regarding the administrative record subject to Technographics Decotone U.S., Inc., Ted city of Homestead Village, Missouri. provisions of law restricting public Nelson Company, Teledyne-Lewisburg, disclosure of confidential information. SUMMARY: EPA is providing notice of Tenneco Oil Company, Terrell Machine In order to provide opportunity for opportunity to comment on the Company, Texaco, Texas City Refining, public comment, EPA will issue no final Thayer Coggins, Inc., Therm-o-disc, Inc., proposed assessment of an order assessing a penalty in this Thomasville Furniture, Thonet Industries, administrative penalty against the city Tidewater Regional Transit, Tietex of Homestead Village, Missouri. Under proceeding prior to thirty (30) days from Corporation, Timken Company, Tracor 33 U.S.C. 1319(g), EPA is authorized to the date of this document. Aerospace, Inc., Transcontinental Gas issue orders assessing civil penalties for Dated: January 26, 1999. Pipeline, Triad Terminal Oil Company, Trion, Inc., Tritac, Union Oil Company- various violations of the Act. EPA may Dennis Grams, Southeast Terminals, Unitex Chemical issue such orders after filing a Regional Administrator, Region 7. Company, Unocal, VME Americas, Inc., Complaint commencing either a Class I [FR Doc. 99–2788 Filed 2–5–99; 8:45 am] Varco Pruden, Vaughan Furniture Company, or Class II penalty proceeding. EPA BILLING CODE 6560±50±M Vaughn Bassett-Elkin Division, Vermont provides public notice of the proposed American Corporation, Vic Bailey, Virginia assessment pursuant to 33 U.S.C. Department of Highways & Transportation, 1319(g). W.P. Hickman Company, Wake Medical Class II proceedings are conducted FEDERAL COMMUNICATIONS Center, Walter Kidde Company, Warlick under EPA’s Consolidated Rules of Paint Company, Washington Post, Waster COMMISSION Resources of Tennessee, Wayne Dalton Practice Governing the Administrative Corporation, Weber USA, Wellington Hall, Assessment of Civil Penalties and the Public Information Collections Ltd., Wells Aluminum S.E., Inc., West Vaco- Revocation or Suspension of Permits, 40 Approved by Office of Management Chemical Division, St. John’s Department, CFR part 22. The procedures by which and Budget Westclox, Western Branch Diesel, Inc., the public may submit written Western Publishing Co., Weyerhaeuser, comments on a proposed Class II order January 28, 1999. Whittaker Corporation, William M. Wilson’s or participate in a Class II proceeding, The Federal Communications Sons, Inc., Winston Container Co., and and the procedures by which a Commission (FCC) has received Office Yieldhouse. respondent may request a hearing, are of Management and Budget (OMB) EPA will consider public comments set forth in the Consolidated Rules. The approval for the following public on the proposed settlements for thirty deadline for submitting public comment information collections pursuant to the days. EPA may withdraw from or on a proposed Class II order is thirty Paperwork Reduction Act of 1995, modify the proposed settlements should (30) days after issuance of public notice. Public Law 104–13. An agency may not such comments disclose facts or On September 30, 1998, EPA conduct or sponsor and a person is not considerations which indicate the commenced the following Class II required to respond to a collection of proposed settlements are inappropriate, proceeding for the assessment of information unless it displays a improper, or inadequate. Copies of the penalties by filing with the Regional currently valid control number. For proposed settlements are available from: Hearing Clerk, U.S. Environmental further information contact Shoko B. Ms. Paula V. Batchelor, U.S. Protection Agency, Region VII, 726 Hair, Federal Communications Environmental Protection Agency, Minnesota Avenue, Kansas City, Kansas Commission, (202) 418–1379. Region IV, Program Services Branch, 66101, (913) 551–7630, the following Waste Management Division, 61 Forsyth complaint: In the Matter of the city of Federal Communications Commission Street, S.W., Atlanta, Georgia 30303, Homestead Village, Missouri; EPA OMB Control No.: 3060–0774. (404) 562–8887. Docket No. VII–98–W–0044. Expiration Date: 01/31/2002. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6079

Title: Federal-State Joint Board on universal service support mechanisms income consumers; (7) support for Universal Service—CC Docket No. 96– that are explicit and sufficient to schools, libraries, and health care 45, 47 CFR 36.611–36.612 and 47 CFR advance the universal service principles providers; (8) interstate subscriber for Part 54 enumerated in Section 254 of the schools, libraries, and health care Form No.: N/A. Telecommunications Act of 1996 and providers; (8) interstate subscriber line Respondents: Business or other for- such other principles as the charge and common line cost recovery; profit, individuals or households; not- Commission believes are necessary and and (9) administration of support for-profit institutions; state, local or appropriate for the protection of the mechanisms. The reporting and tribal government. public interest, convenience and recordkeeping requirements contained Estimated Annual Burden: 5,565,451 necessity, and are consistent with the in CC Docket No. 96–45 are designed to respondents; .32 hours per response Act. In the various Orders issued in CC implement Section 254. The (avg.); 1,785,570 total annual burden Docket No. 96–45, the Commission requirements are necessary to ensure the hours for all collections. adopted rules that are designed to integrity of the program. All the Estimated Annual Reporting and implement the universal service collections are necessary to implement Recordkeeping Cost Burden: $0. provisions of section 254. Specifically, the congressional mandate for universal Frequency of Response: On occasion; the Orders address: (1) Universal service service. The reporting and annually; one-time; every five years; principles; (2) services eligible for recordkeeping requirements are recordkeeping requirements; third party support; (3) affordability; (4) carriers necessary to verify that the carriers and disclosures. eligible for universal service support; (5) other respondents are eligible to receive Description: Congress directed the support mechanisms for rural, insular, universal service support. Obligation to Commission to implement a new set of and high cost areas; (6) support for low- respond: Mandatory.

Hours per Total annual Rule section/title (47 CFR) response burden a. 36.611(a) & 36.612ÐSubmission and Updating information to NECA ...... 20 26,800 b. 54.101(c)ÐDemonstration of exceptional circumstances for toll-limitation grace period ...... 50 100 c. 54.201(a)(2)ÐSubmission of eligibility criteria ...... 4 400 d. 54.201(b)(c)ÐSubmission of eligibility criteria ...... 1 3,400 e. 54.201(d)(2)ÐAdvertisement of services & charges ...... 50 65,000 f. 54.205(a)ÐAdvance notice of relinquishment of universal service ...... 5 50 g. 54.207(c)(1)ÐSubmission of proposal for redefining a rural service area ...... 125 6,250 h. 54.307(b)ÐReporting of expenses & number of lines served...... 2.5 (avg.) 4,100 i. 54.401(b)(1)±(2)ÐSubmission of disconnection waiver request ...... 2 100 j. 54.401(d)ÐLifeline certification to the Administrator ...... 1 1,300 k. 54.407(c)ÐLifeline recordkeeping ...... 80 104,000 l. 54.409(a)±(b)ÐConsumer qualification for Lifeline ...... 5 min. 440,000 m. 54.409(b)ÐConsumer notification of Lifeline discontinuance ...... 5 min. 44,000 n. 54.413(b)ÐLink Up recordkeeping ...... 80 104,000 o. 54.501(d)(4) & 54.516ÐSchools & Libraries recordkeeping ...... 41( avg.) 372,000 p. 54.504(b)±(c), 54.507(d) & 54.509(a)ÐDescription of services requested & certification ...... 2 100,000 q. 54.519ÐState telecommunications networks ...... 4 200 r. 54.601(b)(4) & 54.609(b)ÐCalculating support for health care providers ...... 100 340,000 s. 54.601(b)(3) & 54.619ÐShared facility record-keeping ...... 21 (avg.) 160,000 t. 54.607(b)(1)±(2)ÐSubmission of proposed rural rate ...... 3 150 u. 54.603(b)(1), 54.615(c)±(d) & 54.623(d)ÐDescription of services requested and certification ...... 1 11,000 v. 54.619(d)ÐSubmission of rural health care report ...... 40 40 w. 54.701(f)(1) & (f)(2)ÐSubmission of annual report & CAM ...... 40 40 x. 54.701(g)ÐSubmission of quarterly report ...... 10 40 y. 54.707ÐSubmission of state commission designation ...... 25 850 z. Obligation to notify underlying carrier ...... 1 1,700 aa. Demonstration of reasonable steps ...... 1 50

Total Annual Burden Hours ...... 1,785,570

All the collections are necessary to Form No.: N/A. on Reconsideration and Memorandum implement the congressional mandate Respondents: Business or other for- Opinion and Order, the FCC adopts, for universal service. The reporting and profit. that, consistent with principles of cost- recordkeeping requirements are Estimated Annual Burden: 13–14 causation and economic efficiency, necessary to verify that the carriers and respondents; 2–300 hours per response nontraffic sensitive (NTS) costs other respondents are eligible to receive (avg.); 1,796,916 total annual burden associated with local switching should universal service support. hours for all collections. be recovered on an NTS basis, through OMB Control No.: 3060–0760. Estimated Annual Reporting and flat-rated, per month charges. a. Expiration Date: 12/31/2001. Recordkeeping Cost Burden: $23,400 Showings under the Market-Based Title: Access Charge Reform—CC ($600 filing fee). Approach: as competition develops in Docket No. 96–262 (First Report and Frequency of Response: On occasion; the market, the FCC will gradually relax Order), Second Order on third party disclosure. and ultimately remove existing Part 69 Reconsideration and Memorandum Description: In the First Report and Federal access rate structure Opinion and Order, and Third Report Order, CC Docket No. 96–262, Access requirements and Part 61 price caps and Order. Charge Reform and the Second Report restrictions on rate level changes. 6080 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Regulatory reform will take place in two Title: Rules and Regulations available to persons with hearing and phases. The first phase of regulatory Implementing the Telephone Consumer speech disabilities in the United States. reform will take place when an Protection Act of 1991—CC Docket No. Among other things, the Commission is incumbent Local Exchange Carrier’s 92–60. required by 47 U.S.C. 225(d)(3) to enact (LEC’s) network has been opened to Form No.: N/A. and oversee a shared-funding competition for interstate access Respondents: Business or other for- mechanism (TRS Fund) for recovering services. The second phase of rate profit. the costs of providing TRS. The structure reforms will take place when Estimated Annual Burden: 30,000 Commission’s regulations concerning an actual competitive presence has respondents; 31.2 hours per response the TRS fund are codified at 47 CFR developed in the marketplace. LECs (avg.); 936,000 total annual burden 64.604(c)(4). Pursuant to these may have to submit certain information hours for all collections. regulations, the National Exchange to demonstrate that they have met the Estimated Annual Reporting and Carrier Association (NECA) has been standards. (No. of respondents: 13; Recordkeeping Cost Burden: $0. appointed Administrator of the TRS hours per response: 137,986 hours; total Frequency of Response: On occasion. Fund. The Commission’s rules require Description: In CC Docket No. 92–60, annual burden: 1,793,818 hours). b. Cost all carriers providing interstate the FCC implemented final rules Study of Interstate Access Service that telecommunication services to pursuant to the requirements of the Remain Subject to Price Cap Regulation: contribute to the TRS Fund on an Telephone Consumer Protection Act of To implement our backstop to market- annual basis. Contributions are the 1991, Public Law 102–243, Dec. 20, based access charge reform, we require product of the carrier’s gross interstate 1991 (TCPA) which added Section 227 each incumbent price cap LEC to file a revenues for the previous year and a to the Communications Act of 1934, as cost study no later than February 8, contribution factor determined annually amended, to restrict the use of 2001, demonstrating the cost of by the Commission. The collected automatic telephone dialing systems, providing those interstate access contributions are used to compensate artificial or prerecorded messages, services that remain subject to price cap TRS providers for the costs of providing facsimile machines or other devices to regulation because they do not face interstate TRS service. The Commission send unsolicited advertisements. The substantial competition. (No. of releases an order each year approving rules require that telephone solicitors respondents: 13; hours per response: 8 the contribution factor, payment rate, maintain and use company-specific lists hours; total annual burden: 104 hours). and TRS Fund Worksheet for the of residential subscribers who request c. Tariff Filings: The Commission following year. Accordingly, on not to receive further telephone calls requires the filing of various tariffs. (No. December 2, 1998, the Commission’s (company-specific do-not-call lists), of respondents: 13; hours per response: Common Carrier Bureau, acting under thereby affording consumers the choice 58; total annual burden: 754 hours). d. delegated authority, released an order of which solicitors also are required to Third-Party disclosure: In the Second approving the contribution factor for the have a written policy for maintaining Order on Reconsideration, the April 1999 through March 2000 do-not-call lists, and are responsible for Commission requires LECs to provide contribution period and the 1999 TRS informing and training their personnel IXCs with customer-specific information Fund worksheet (FCC Form 431). All the existence and use of such lists. The about how many and what types of carriers providing interstate rules require that those making presubscribed interexchange carrier telecommunications service must file telephone solicitations identify charges (PICCs) they are assessing for this worksheet. A public notice will be themselves to called parties, and that each of the IXCs presubscribed issued to announce the availability of basis identifying information also be customers. (No. of respondents: 14; the 1999 FCC Form 431. (No. of included in telephone facsimile hours per response: 160 hours; total respondents: 5000; hours per response: transactions. The Commission believes annual burden: 2240 hours). One of the 2 hours; total annual burden: 10,000 that these rules are the best means of primary goals of the First Report and hours). Section 64.604(c)(2) requires preventing unwanted telephone Order was to develop a cost-recovery that carriers publicize the availability solicitations. mechanism that permits carriers to and use of TRS in their service areas. recover their costs in a manner that OMB Control No.: 3060–0536. Expiration Date: 01/31/2000. Publications may be made through the reflects the way in which those costs are Title: Rules and Requirements for carriers’ directories, periodic billing incurred. Without access to information Telecommunications Relay Services inserts, placement of TRS instructions that indicates whether the LEC is (TRS) Interstate Cost Recovery. in telephone directories, through assessing a primary or nonprimary Form No.: FCC Form 431. directory assistance services, and residential PICC, or about how many Respondents: Business or other for- through incorporation of TTY numbers local business lines are presubscribed to profit. in telephone directories. (No. of a particular IXC, the IXCs will be unable Estimated Annual Burden: 5000 respondents: 5000; hours per response: to develop rates that accurately reflect respondents; 3.1 hours per response 1 hour; total annual burden: 5000 the underlying costs. The information (avg.); 15,593 total annual burden hours hours). c. TRS providers must provide required under these orders would be for all collections. the administrator with true and accurate used in determining whether the Estimated Annual Reporting and data to be used to compute payments. incumbent LECs should receive the Recordkeeping Cost Burden: $0. According to Section 64.604(c)(4)(iii)(C), regulatory relief proposed in the Orders. Frequency of Response: On occasion; the providers must submit the The information collected under the annually; third party disclosure. following: total TRS minutes of use, Orders would be submitted by the LECs Description: Title IV of the Americans total interstate TRS minutes of use, total to the interexchange carriers (IXCs) for with Disabilities Act, Public Law 101– TRS operating expenses and total TRS use in developing the most cost-efficient 336, Section 401, 104 Stat. 327, 366–69 investment in general accordance with rates and rate structures. Obligation to (codified at 47 U.S.C. Section 225 47 CFR Part 32, and other historical or respond: Mandatory. requires the Federal Communications projected information reasonably OMB Control No.: 3060–0519. Commission to ensure that requested by the administrator for Expiration Date: 12/31/2001. telecommunications relay services are purposes of computing payments and Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6081 revenue requirements. (No. of minutes, interstate toll dial equipment determine whether the regulations are respondents: 13; hours per response: 3 minutes, total dial equipment minutes, no longer necessary in the public hours; total annual response: 39 hours). interstate dial equipment minute interest as a result of meaningful d. TRS providers, including providers factors, originating premium interstate economic competition between who are not interexchange carriers, local access minutes, terminating premium providers of such service and whether exchange carriers, or certified state relay interstate access minutes, total premium such regulations should be repealed or providers, must submit reports of interstate access minutes, originating modified. In the CC Docket No. 137, interstate TRS minutes of use to the non-premium interstate access minutes, adopted 7/22/98; released 10/14/98, the administrator in order to receive terminating non-premium interstate Commission proposes to reduce or payments. TRS providers receiving access minutes, and total non-premium streamline further our depreciation payments shall file a form prescribed by interstate access minutes. The prescription process by permitting, the administrator. (No. of respondents: monitoring program is necessary for the among other things, summary filings 13; hours per response 4; total annual Commission, the Joint Board, Congress, and eliminating the prescription of burden: 52 hours). e. Section and the general public to assess the depreciation rates for incumbent LECs, 64.604(c)(4)(iii)(F) lists TRS providers impact of the new universal service provided that the carrier uses who are eligible for receiving payments support mechanisms. Obligation to depreciation factors that are within the from the TRS Fund. These providers respond: Mandatory. must notify the administrator of their OMB Control No.: 3060–0168. ranges adopted by the Commission, intent to participate in the TRS Fund Expiration Date: 12/31/2001. expanding the prescribed range for the thirty days prior to submitting reports of Title: Reports of Proposed Changes in digital switching plant account, and TRS interstate minutes of use in order Depreciation Rates—Section 43.43. eliminating salvage from the to receive payment settlements for Form No.: N/A. depreciation process. These proposed interstate TRS. (No. of respondents: 13; Respondents: Business or other for- modifications are designed to minimize hours per response: .166 hours; total profit. the reporting burden on carriers and to Estimated Annual Burden: 11 annual burden: 2.16 hours). Section provide incumbent LECs with a greater respondents; 6000 hours per response 64.604(c)(4)(iii)(H)) specifies the flexibility to adjust their depreciation 66,000 (avg.); total annual burden hours reporting, monitoring and filing rates while allowing the Commission to for all collections. requirements placed upon the maintain adequate oversight. If we Estimated Annual Reporting and remove net salvage from the Administrator. (No. of respondents: 1; Recordkeeping Cost Burden: $0. hours per response: 500; total annual Frequency of Response: On occasion. depreciation process, we should create burden: 500 hours). Information Description: Section 220(b) of the a new account 6566, Net cost of submitted in response to the attached Communications Act of 1934 (the Act), removal, to record both salvage receipts rules and requirements is used to as amended, (47 U.S.C. Section 220(b)), and removal costs incurred. We also administer the TRS Fund. Information is states that the Commission may tentatively conclude that we should used to calculate a national average rate prescribe depreciation charges for the revise Sections 32.3100, Accumulated to recover the total interstate TRS subject carriers. Section 219 of the Act depreciation, and 32.2000, Instructions revenue requirements and to determine requires annual and other reports from for telecommunications plant accounts, the appropriate payment due to the TRS the carriers. Section 43.43 of the to eliminate the provisions that salvage providers participating in the shared- Commission’s Rules (47 CFR Section and cost of removal be recorded in the funding plan. Obligation to respond: 43.43) establishes the reporting depreciation reserve account. We also Mandatory. requirements for depreciation requested comment on whether we OMB Control No.: 3060–0391. prescription purposes. Communication should require carriers to keep Expiration Date: 12/31/2001. common carriers with annual operating subsidiary record categories in Account Title: Program to Monitor the Impacts revenues of $112 million or more that of the Universal Service Support 6566 for salvage and cost of removal. the Commission has found to be Mechanisms, CC Docket Nos. 98–202 The information filed will be used by dominant must file information and 96–45. the Commission to establish proper Form No.: N/A. specified in Section 43.43 before making depreciation rates to be charged by the Respondents: Business or other for- any change in the depreciation rates carriers, pursuant to Section 220(b) of profit. applicable to their operating plant. the Act. The information serves as the Estimated Annual Burden: 859 Section 220 also allows the basis for depreciation analyses made by respondents; 2 hours per response Commission, in its discretion, to the Common Carrier Bureau in (avg.); 1718 total annual burden hours prescribe the forms of any and all establishing the aforementioned rates. for all collections. accounts, records, and memoranda to be Without this information, the validity of Estimated Annual Reporting and kept by carriers subject to the Act, the carriers’ depreciation policies could Recordkeeping Cost Burden: $0. including the accounts, records and not be ascertained. The proposals Frequency of Response: Annually. memoranda of the movement of traffic, contained in CC Docket No. 98–137 Description: The Commission has a as well as receipts and expenditures of have been approved by OMB. Obligation program to monitor the impact of the moneys. The Communications Act, as to respond: required to obtain or retain universal service support mechanisms. amended, seeks to develop efficient benefits. Among other things, the program competition by opening all requires the reporting of information on telecommunications markets through a Public reporting burden for the network usage and growth. This pro-competitive, deregulatory national collections of information is as noted information is generally maintained by policy framework. To that end, Section above. Send comments regarding the all companies that settle their accounts 11 of the Act requires the Commission, burden estimate or any other aspect of with NECA on a cost basis. This in every even-numbered year beginning the collections of information, including information is collected by NECA. The in 1998, to review its regulations suggestions for reducing the burden to data collected are: local dial equipment applicable to providers of Performance Evaluation and Records minutes, intrastate toll dial equipment telecommunications service to Management, Washington, D.C. 20554. 6082 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Federal Communications Commission. Frequency of Response: Occasional. SUMMARY: This is a notice of the Magalie Roman Salas, Affected Public: Persons interested in Presidential declaration of a major Secretary. being employed or providing services to disaster for the State of Alabama [FR Doc. 99–2862 Filed 2–5–99; 8:45 am] the FDIC. (FEMA–1261-DR), dated January 15, BILLING CODE 6712±01±P Estimated Number of Respondents: 1999, and related determinations. 200. EFFECTIVE DATE: January 15, 1999. Estimated Time per Response: 20 FOR FURTHER INFORMATION CONTACT: FEDERAL DEPOSIT INSURANCE minutes. Madge Dale, Response and Recovery CORPORATION Estimated Total Annual Burden: 66.6 Directorate, Federal Emergency hours. Management Agency, Washington, DC Agency Information Collection General Description of Collection: 20472, (202) 646–3260. Prior to an offer of employment, job Activities: Proposed Collection; SUPPLEMENTARY INFORMATION: Notice is Comment Request applicants to the FDIC must sign a hereby given that, in a letter dated certification that they have not been January 15, 1999, the President declared AGENCY: Federal Deposit Insurance convicted of a felony or been in other Corporation (FDIC). a major disaster under the authority of circumstances that prohibit persons the Robert T. Stafford Disaster Relief ACTION: Notice and request for comment. from becoming employed by or and Emergency Assistance Act (42 providing services to the FDIC. SUMMARY: The FDIC, as part of its U.S.C. 5121 et seq.), as follows: continuing effort to reduce paperwork Request for Comment I have determined that the damage in and respondent burden, invites the Comments are invited on: (a) Whether certain areas of the State of Alabama, general public and other Federal the collection of information is resulting from severe winter storms, ice, and freezing rain on December 23–29, 1998, is of agencies to take this opportunity to necessary for the proper performance of comment on proposed and/or sufficient severity and magnitude to warrant the FDIC’s functions, including whether a major disaster declaration under the Robert continuing information collections, as the information has practical utility; (b) T. Stafford Disaster Relief and Emergency required by the Paperwork Reduction the accuracy of the estimates of the Assistance Act, P.L. 93–288, as amended Act of 1995 (44 U.S.C. chapter 35). burden of the information collection, (‘‘the Stafford Act’’). I, therefore, declare that Currently, the FDIC is soliciting including the validity of the such a major disaster exists in the State of comments concerning an information methodology and assumptions used; (c) Alabama. collection titled ‘‘Certification of ways to enhance the quality, utility, and In order to provide Federal assistance, you are hereby authorized to allocate from funds Compliance with Mandatory Bars to clarity of the information to be Employment.’’ available for these purposes, such amounts as collected; and (d) ways to minimize the you find necessary for Federal disaster DATES: Comments must be submitted on burden of the information collection on assistance and administrative expenses. or before April 9, 1999. respondents, including through the use You are authorized to provide Public ADDRESSES: Interested parties are of automated collection techniques or Assistance and Hazard Mitigation in the invited to submit written comments to other forms of information technology. designated areas and any other forms of Tamara R. Manly, Management Analyst At the end of the comment period, the assistance under the Stafford Act you may comments and recommendations deem appropriate. Consistent with the (Regulatory Analysis), (202) 898–7453, requirement that Federal assistance be Office of the Executive Secretary, Room received will be analyzed to determine supplemental, any Federal funds provided 4058, Attention: Comments/OES, the extent to which the collection under the Stafford Act for Public Assistance Federal Deposit Insurance Corporation, should be modified prior to submission or Hazard Mitigation will be limited to 75 550 17th Street N.W., Washington, D.C. to OMB for review and approval. percent of the total eligible costs. 20429. All comments should refer to Comments submitted in response to this Notice is hereby given that pursuant ‘‘Certification of Compliance with notice also will be summarized or to the authority vested in the Director of Mandatory Bars to Employment.’’ included in the FDIC’s requests to OMB the Federal Emergency Management Comments may be hand-delivered to the for renewal of this collection. All Agency under Executive Order 12148, I guard station at the rear of the 17th comments will become a matter of hereby appoint Glenn C. Woodard of the Street Building (located on F Street), on public record. Federal Emergency Management Agency business days between 7:00 a.m. and Dated at Washington, D.C., this 2nd day of to act as the Federal Coordinating 5:00 p.m. [Fax number (202) 898–3838; February, 1999. Officer for this declared disaster. Internet address: [email protected]]. Federal Deposit Insurance Corporation. I do hereby determine the following A copy of the comments may also be Robert E. Feldman, areas of the State of Alabama to have submitted to the OMB desk officer for Executive Secretary. been affected adversely by this declared the FDIC: Alexander Hunt, Office of [FR Doc. 99–2847 Filed 2–5–99; 8:45 am] major disaster: Information and Regulatory Affairs, BILLING CODE 6714±01±M Colbert, Cullman, Franklin, Lauderdale, Officeof Management and Budget, New Lawrence, Limestone, Madison, Marion and Executive Office Building, Room 3208, Morgan Counties for Public Assistance. Washington, D.C. 20503. FEDERAL EMERGENCY All counties within the State of FOR FURTHER INFORMATION CONTACT: MANAGEMENT AGENCY Alabama are eligible to apply for Tamara R. Manly, at the address assistance under the Hazard Mitigation [FEMA±1261±DR] identified above. Grant Program. SUPPLEMENTARY INFORMATION: Proposed to renew the following Alabama; Major Disaster and Related (The following Catalog of Federal Domestic Determinations Assistance Numbers (CFDA) are to be used currently approved collection of for reporting and drawing funds: 83.537, information: AGENCY: Federal Emergency Community Disaster Loans; 83.538, Cora Title: Certification of Compliance Management Agency (FEMA). Brown Fund Program; 83.539, Crisis with Mandatory Bars to Employment. ACTION: Notice. Counseling; 83.540, Disaster Legal Services OMB Number: 3064–0121. Program; 83.541, Disaster Unemployment Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6083

Assistance (DUA); 83.542, Fire Suppression The time period prescribed for the SUPPLEMENTARY INFORMATION: The notice Assistance; 83.543, Individual and Family implementation of section 310(a), of a major disaster for the State of Grant (IFG) Program; 83.544, Public Priority to Certain Applications for Arkansas, is hereby amended to include Assistance Grants; 83.545, Disaster Housing Public Facility and Public Housing the following areas among those areas Program; 83.548, Hazard Mitigation Grant Program.) Assistance, 42 U.S.C. 5153, shall be for determined to have been adversely a period not to exceed six months after affected by the catastrophe declared a James L. Witt, the date of this declaration. major disaster by the President in his Director. Notice is hereby given that pursuant declaration of January 23, 1999: [FR Doc. 99–2954 Filed 2–5–99; 8:45 am] to the authority vested in the Director of Faulkner, Greene, Jefferson, Miller, BILLING CODE 6718±02±P the Federal Emergency Management Monroe, and Poinsett Counties for Individual Agency under Executive Order 12148, I Assistance. hereby appoint Graham L. Nance of the FEDERAL EMERGENCY (The following Catalog of Federal Domestic Federal Emergency Management Agency Assistance Numbers (CFDA) are to be used MANAGEMENT AGENCY to act as the Federal Coordinating for reporting and drawing funds: 83.537, Officer for this declared disaster. Community Disaster Loans; 83.538, Cora [FEMA±1266±DR] I do hereby determine the following Brown Fund Program; 83.539, Crisis areas of the State of Arkansas to have Counseling; 83.540, Disaster Legal Services Arkansas; Major Disaster and Related been affected adversely by this declared Program; 83.541, Disaster Unemployment Determinations Assistance (DUA); 83.542, Fire Suppression major disaster: Assistance; 83.543, Individual and Family AGENCY: Federal Emergency Independence, Pulaski, St. Francis, Saline, Grant (IFG) Program; 83.544, Public Management Agency (FEMA). and White Counties for Individual Assistance Assistance Grants; 83.545, Disaster Housing ACTION: Notice. and Categories A and B under the Public Program; 83.548, Hazard Mitigation Grant Assistance program. Program.) SUMMARY: This is a notice of the All counties within the State of Laurence W. Zensinger, Presidential declaration of a major Arkansas are eligible to apply for Division Director, Response and Recovery disaster for the State of Arkansas assistance under the Hazard Mitigation Directorate. (FEMA–1266–DR), dated January 23, Grant Program. [FR Doc. 99–2961 Filed 2–5–99; 8:45 am] 1999, and related determinations. (The following Catalog of Federal Domestic BILLING CODE 6718±02±P EFFECTIVE DATE: January 23, 1999. Assistance Numbers (CFDA) are to be used FOR FURTHER INFORMATION CONTACT: for reporting and drawing funds: 83.537, Madge Dale, Response and Recovery Community Disaster Loans; 83.538, Cora FEDERAL EMERGENCY Directorate, Federal Emergency Brown Fund Program; 83.539, Crisis MANAGEMENT AGENCY Management Agency, Washington, DC Counseling; 83.540, Disaster Legal Services 20472, (202) 646–3260. Program; 83.541, Disaster Unemployment [FEMA±3134±EM] Assistance (DUA); 83.542, Fire Suppression SUPPLEMENTARY INFORMATION: Notice is Assistance; 83.543, Individual and Family Illinois; Amendment No. 2 to the Notice hereby given that, in a letter dated Grant (IFG) Program; 83.544, Public of an Emergency January 23, 1999, the President declared Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant a major disaster under the authority of AGENCY: Federal Emergency Program.) the Robert T. Stafford Disaster Relief Management Agency (FEMA). and Emergency Assistance Act (42 James L. Witt, U.S.C. 5121 et seq.), as follows: Director. ACTION: Notice. I have determined that the damage in [FR Doc. 99–2960 Filed 2–5–99; 8:45 am] SUMMARY: This notice amends the notice certain areas of the State of Arkansas, BILLING CODE 6718±02±P resulting from severe storms, tornadoes, and of an Emergency for the State of Illinois high winds on January 21, 1999, and (FEMA–3134–EM), dated January 8, continuing, is of sufficient severity and FEDERAL EMERGENCY 1999, and related determinations. magnitude to warrant a major disaster MANAGEMENT AGENCY EFFECTIVE DATE: declaration under the Robert T. Stafford January 15, 1999. Disaster Relief and Emergency Assistance [FEMA±1266±DR] FOR FURTHER INFORMATION CONTACT: Act, P.L. 93–288, as amended (‘‘the Stafford Madge Dale, Response and Recovery Act’’). I, therefore, declare that such a major Arkansas; Amendment No. 3 to Notice Directorate, Federal Emergency disaster exists in the State of Arkansas. of a Major Disaster Declaration Management Agency, Washington, DC In order to provide Federal assistance, you 20472, (202) 646–3260. are hereby authorized to allocate from funds AGENCY: Federal Emergency available for these purposes, such amounts as Management Agency (FEMA). SUPPLEMENTARY INFORMATION: Notice is you find necessary for Federal disaster ACTION: Notice. hereby given that the incident period for assistance and administrative expenses. this disaster is closed effective January You are authorized to provide Individual SUMMARY: This notice amends the notice Assistance, debris removal and emergency 15, 1999. protective measures (Categories A and B) of a major disaster for the State of (The following Catalog of Federal Domestic under the Public Assistance program, and Arkansas, (FEMA–1266–DR), dated Assistance Numbers (CFDA) are to be used Hazard Mitigation in the designated areas January 23, 1999, and related for reporting and drawing funds: 83.537, and any other forms of assistance under the determinations. Community Disaster Loans; 83.538, Cora Stafford Act you may deem appropriate. EFFECTIVE DATE: February 1, 1999. Brown Fund Program; 83.539, Crisis Consistent with the requirement that Federal Counseling; 83.540, Disaster Legal Services FOR FURTHER INFORMATION CONTACT: assistance be supplemental, any Federal Program; 83.541, Disaster Unemployment funds provided under the Stafford Act for Madge Dale, Response and Recovery Assistance (DUA); 83.542, Fire Suppression Public Assistance or Hazard Mitigation will Directorate, Federal Emergency Assistance; 83.543, Individual and Family be limited to 75 percent of the total eligible Management Agency, Washington, DC Grant (IFG) Program; 83.544, Public costs. 20472, (202) 646–3260. Assistance Grants; 83.545, Disaster Housing 6084 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Program; 83.548, Hazard Mitigation Grant Notice is hereby given that pursuant for reporting and drawing funds: 83.537, Program.) to the authority vested in the Director of Community Disaster Loans; 83.538, Cora Dennis H. Kwiatkowski, the Federal Emergency Management Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services Deputy Associate Director, Response and Agency under Executive Order 12148, I Program; 83.541, Disaster Unemployment Recovery Directorate. hereby appoint Lawrence L. Bailey of Assistance (DUA); 83.542, Fire Suppression [FR Doc. 99–2962 Filed 2–5–99; 8:45 am] the Federal Emergency Management Assistance; 83.543, Individual and Family BILLING CODE 6718±02±P Agency to act as the Federal Grant (IFG) Program; 83.544, Public Coordinating Officer for this emergency. Assistance Grants; 83.545, Disaster Housing I do hereby determine the following Program; 83.548, Hazard Mitigation Grant FEDERAL EMERGENCY areas of the State of Indiana to have Program.) MANAGEMENT AGENCY been affected adversely by this Dennis H. Kwiatkowski, emergency: Deputy Associate Director, Response and [FEMA±3135±EM] Adams, Allen, Benton, Blackford, Cass, Recovery Directorate. Clay, Clinton, DeKalb, Delaware, Fountain, [FR Doc. 99–2964 Filed 2–5–99; 8:45 am] Indiana; Emergency and Related Fulton, Grant, Hamilton, Hancock, BILLING CODE 6718±02±P Determinations Hendricks, Henry, Huntington, Jasper, Jay, Johnson, Kosciusko, Lake, Lagrange, LaPorte, AGENCY: Federal Emergency Madison, Marion, Marshall, Miami, FEDERAL EMERGENCY Management Agency (FEMA). Montgomery, Newton, Noble, Porter, Pulaski, Randolph, Rush, St. Joseph, Shelby, Starke, MANAGEMENT AGENCY ACTION: Notice. Steuben, Tipton, Tippecanoe, Vermillion, [FEMA±1264±DR] SUMMARY: This is a notice of the Wabash, Warren, Wayne, White, and Whitley counties for reimbursement for emergency Presidential declaration of an Louisiana; Major Disaster and Related protective measures under the Public Determinations emergency for the State of Indiana Assistance program for a period of 48 hours. (FEMA–3135–EM), dated January 15, (The following Catalog of Federal Domestic AGENCY: Federal Emergency 1999, and related determinations. Assistance Numbers (CFDA) are to be used Management Agency (FEMA). EFFECTIVE DATE: for reporting and drawing funds: 83.537, January 15, 1999. ACTION: Community Disaster Loans; 83.538, Cora Notice. FOR FURTHER INFORMATION CONTACT: Brown Fund Program; 83.539, Crisis SUMMARY: This is a notice of the Madge Dale, Response and Recovery Counseling; 83.540, Disaster Legal Services Directorate, Federal Emergency Program; 83.541, Disaster Unemployment Presidential declaration of a major Management Agency, Washington, DC Assistance (DUA); 83.542, Fire Suppression disaster for the State of Louisiana 20472, (202) 646–3260. Assistance; 83.543, Individual and Family (FEMA–1264–DR), dated January 21, SUPPLEMENTARY INFORMATION: Notice is Grant (IFG) Program; 83.544, Public 1999, and related determinations. Assistance Grants; 83.545, Disaster Housing EFFECTIVE DATE: January 21, 1999. hereby given that, in a letter dated Program; 83.548, Hazard Mitigation Grant January 15, 1999, the President declared Program.) FOR FURTHER INFORMATION CONTACT: an emergency under the authority of the James L. Witt, Madge Dale, Response and Recovery Robert T. Stafford Disaster Relief and Directorate, Federal Emergency Director. Emergency Assistance Act (42 U.S.C. Management Agency, Washington, DC 5121 et seq.), as follows: [FR Doc. 99–2963 Filed 2–5–99; 8:45 am] 20472, (202) 646–3260. BILLING CODE 6718±02±P I have determined that the impact in SUPPLEMENTARY INFORMATION: Notice is certain areas of the State of Indiana, resulting hereby given that, in a letter dated from the record/near record snow on January FEDERAL EMERGENCY January 21, 1999 the President declared 1, 1999, and continuing, is of sufficient MANAGEMENT AGENCY a major disaster under the authority of severity and magnitude to warrant an the Robert T. Stafford Disaster Relief emergency declaration under the Robert T. [FEMA±3135±EM] and Emergency Assistance Act (42 Stafford Disaster Relief and Emergency Assistance Act, P.L. 93–288 as amended, Indiana; Amendment No. 1 to the U.S.C. 5121 et seq.), as follows: (‘‘the Stafford Act’’). I, therefore, declare that Notice of an Emergency I have determined that the damage in such an emergency exists in the State of certain areas of the State of Louisiana, Indiana. AGENCY: Federal Emergency resulting from a severe ice storm on In order to provide Federal assistance, you Management Agency (FEMA). December 22–28, 1998, is of sufficient are hereby authorized to allocate from funds ACTION: Notice. severity and magnitude to warrant a major available for these purposes, such amounts as disaster declaration under the Robert T. you find necessary for Federal emergency SUMMARY: This notice amends the notice Stafford Disaster Relief and Emergency assistance and administrative expenses. of a emergency for the State of Indiana Assistance Act, P.L. 93–288, as amended You are authorized to provide emergency (FEMA–3135–EM), dated January 15, (‘‘the Stafford Act’’). I, therefore, declare that protective measures under the Public 1999, and related determinations. such a major disaster exists in the State of Assistance program to save lives, protect Louisiana. EFFECTIVE DATE: public health and safety, and property. Other January 15, 1999. In order to provide Federal assistance, you forms of assistance under Title V of the FOR FURTHER INFORMATION CONTACT: are hereby authorized to allocate from funds Stafford Act may be added at a later date, as Madge Dale, Response and Recovery available for these purposes, such amounts as you deem appropriate. You are further Directorate, Federal Emergency you find necessary for Federal disaster authorized to provide this emergency Management Agency, Washington, DC assistance and administrative expenses. assistance in the affected areas for a period 20472, (202) 646–3260. You are authorized to provide Public of 48 hours. You may extend the period of Assistance and Hazard Mitigation in the SUPPLEMENTARY INFORMATION: Notice is assistance, as warranted. Consistent with the designated areas and any other forms of requirement that Federal assistance be hereby given that the incident period for assistance under the Stafford Act you may supplemental, any Federal funds provided this disaster is closed effective January deem appropriate. Consistent with the under the Stafford Act for Public Assistance 15, 1998. requirement that Federal assistance be will be limited to 75 percent of the total (The following Catalog of Federal Domestic supplemental, any Federal funds provided eligible costs. Assistance Numbers (CFDA) are to be used under the Stafford Act for Public Assistance Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6085 or Hazard Mitigation will be limited to 75 the Robert T. Stafford Disaster Relief FEDERAL EMERGENCY percent of the total eligible costs. and Emergency Assistance Act (42 MANAGEMENT AGENCY Notice is hereby given that pursuant U.S.C. 5121 et seq.), as follows: [FEMA±3137±EM] to the authority vested in the Director of I have determined that the damage in the Federal Emergency Management certain areas of the State of Maine, resulting Michigan; Emergency and Related Agency under Executive Order 12148, I from severe storms, heavy rains, high winds, Determinations hereby appoint Robert E. Hendrix of the and inland and coastal flooding and erosion Federal Emergency Management Agency AGENCY: Federal Emergency on October 8–11, 1998, is of sufficient Management Agency (FEMA). to act as the Federal Coordinating severity and magnitude to warrant a major Officer for this declared disaster. disaster declaration under the Robert T. ACTION: Notice. I do hereby determine the following Stafford Disaster Relief and Emergency SUMMARY: areas of the State of Louisiana to have This is a notice of the Assistance Act, P.L. 93–288 as amended, Presidential declaration of an been affected adversely by this declared (‘‘the Stafford Act’’). I, therefore, declare that major disaster: emergency for the State of Michigan such a major disaster exists in the State of (FEMA–3137–EM), dated January 27, Bienville, Catahoula, Claiborne, Desoto, Maine. 1999, and related determinations. East Carroll, Franklin, Grant, Lincoln, In order to provide Federal assistance, you EFFECTIVE DATE: January 27, 1999. Morehouse, Natchitoches, Ouachita, Red are hereby authorized to allocate from funds River, Richland, Sabine, Union, Webster, available for these purposes, such amounts as FOR FURTHER INFORMATION CONTACT: West Carroll, and Winn Parishes for Public you find necessary for Federal disaster Madge Dale, Response and Recovery Assistance. assistance and administrative expenses. Directorate, Federal Emergency All counties within the State of You are authorized to provide Public Management Agency, Washington, DC Louisiana are eligible to apply for Assistance and Hazard Mitigation in the 20472, (202) 646–3260. assistance under the Hazard Mitigation designated areas and any other forms of SUPPLEMENTARY INFORMATION: Notice is Grant Program. assistance under the Stafford Act you may hereby given that, in a letter dated (The following Catalog of Federal Domestic deem appropriate. Consistent with the January 27, 1999, the President declared Assistance Numbers (CFDA) are to be used requirement that Federal assistance be an emergency under the authority of the for reporting and drawing funds: 83.537, supplemental, any Federal funds provided Robert T. Stafford Disaster Relief and Community Disaster Loans; 83.538, Cora under the Stafford Act for Public Assistance Emergency Assistance Act (42 U.S.C. Brown Fund Program; 83.539, Crisis or Hazard Mitigation will be limited to 75 5121 et seq.), as follows: Counseling; 83.540, Disaster Legal Services percent of the total eligible costs. Program; 83.541, Disaster Unemployment I have determined that the impact in certain areas of the State of Michigan, Assistance (DUA); 83.542, Fire Suppression Notice is hereby given that pursuant Assistance; 83.543, Individual and Family resulting from the near record snow on to the authority vested in the Director of January 2, 1999, and continuing, is of Grant (IFG) Program; 83.544, Public the Federal Emergency Management Assistance Grants; 83.545, Disaster Housing sufficient severity and magnitude to warrant Program; 83.548, Hazard Mitigation Grant Agency under Executive Order 12148, I an emergency declaration under the Robert T. Program.) hereby appoint Kevin Merli of the Stafford Disaster Relief and Emergency Assistance Act, P.L. 93–288 as amended, James L. Witt, Federal Emergency Management Agency to act as the Federal Coordinating (‘‘the Stafford Act’’). I, therefore, declare that Director. such an emergency exists in the State of [FR Doc. 99–2958 Filed 2–5–99; 8:45 am] Officer for this declared disaster. Michigan. BILLING CODE 6718±02±P I do hereby determine the following In order to provide Federal assistance, you areas of the State of Maine to have been are hereby authorized to allocate from funds affected adversely by this declared available for these purposes, such amounts as you find necessary for Federal disaster FEDERAL EMERGENCY major disaster: MANAGEMENT AGENCY assistance and administrative expenses. Cumberland and York Counties for You are authorized to provide emergency [FEMA±1263±DR] Public Assistance. protective measures under the Public Assistance program to save lives, protect Maine; Major Disaster and Related All counties within the State of Maine public health and safety, and property. Other Determinations are eligible to apply for assistance under forms of assistance under Title V of the the Hazard Mitigation Grant Program. Stafford Act may be added at a later date, as AGENCY: Federal Emergency you deem appropriate. You are further (The following Catalog of Federal Domestic Management Agency (FEMA). authorized to provide this emergency Assistance Numbers (CFDA) are to be used ACTION: Notice. assistance in the affected areas for a period for reporting and drawing funds: 83.537, of 48 hours. You may extend the period of SUMMARY: This is a notice of the Community Disaster Loans; 83.538, Cora assistance, as warranted. Consistent with the Presidential declaration of a major Brown Fund Program; 83.539, Crisis requirement that Federal assistance be disaster for the State of Maine (FEMA– Counseling; 83.540, Disaster Legal Services supplemental, any Federal funds provided 1263–DR), dated January 21, 1999, and Program; 83.541, Disaster Unemployment under the Stafford Act for Public Assistance will be limited to 75 percent of the total related determinations. Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family eligible costs. EFFECTIVE DATE: January 21, 1999. Grant (IFG) Program; 83.544, Public Further, you are authorized to make FOR FURTHER INFORMATION CONTACT: Assistance Grants; 83.545, Disaster Housing changes to this declaration to the extent allowable under the Stafford Act. Madge Dale, Response and Recovery Program; 83.548, Hazard Mitigation Grant Directorate, Federal Emergency Program.) Notice is hereby given that pursuant Management Agency, Washington, DC James L. Witt, to the authority vested in the Director of 20472, (202) 646–3260. the Federal Emergency Management Director. SUPPLEMENTARY INFORMATION: Notice is Agency under Executive Order 12148, I hereby given that, in a letter dated [FR Doc. 99–2957 Filed 2–5–99; 8:45 am] hereby appoint Lawrence L. Bailey of January 21, 1999, the President declared BILLING CODE 6718±02±P the Federal Emergency Management a major disaster under the authority of Agency to act as the Federal 6086 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Coordinating Officer for this declared In order to provide Federal assistance, you SUMMARY: This is a notice of the disaster. are hereby authorized to allocate from funds Presidential declaration of an I do hereby determine the following available for these purposes, such amounts as emergency for the State of New York areas of the State of Michigan to have you find necessary for Federal disaster (FEMA–3136–EM), dated January 15, assistance and administrative expenses. been affected adversely by this declared You are authorized to provide Public 1999, and related determinations. emergency: Assistance and Hazard Mitigation in the EFFECTIVE DATE: January 15, 1999 Wayne County for reimbursement for designated areas and any other forms of FOR FURTHER INFORMATION CONTACT: emergency protective measures under assistance under the Stafford Act you may Madge Dale, Response and Recovery the Public Assistance program for a deem appropriate. Consistent with the Directorate, Federal Emergency period of 48 hours. requirement that Federal assistance be Management Agency, Washington, DC supplemental, any Federal funds provided 20472, (202) 646–3260. (The following Catalog of Federal Domestic under the Stafford Act for Public Assistance Assistance Numbers (CFDA) are to be used or Hazard Mitigation will be limited to 75 SUPPLEMENTARY INFORMATION: Notice is for reporting and drawing funds: 83.537, percent of the total eligible costs. hereby given that, in a letter dated Community Disaster Loans; 83.538, Cora January 15, 1999, the President declared Brown Fund Program; 83.539, Crisis Notice is hereby given that pursuant an emergency under the authority of the Counseling; 83.540, Disaster Legal Services to the authority vested in the Director of Robert T. Stafford Disaster Relief and Program; 83.541, Disaster Unemployment the Federal Emergency Management Emergency Assistance Act (42 U.S.C. Assistance (DUA); 83.542, Fire Suppression Agency under Executive Order 12148, I 5121 et seq.), as follows: Assistance; 83.543, Individual and Family hereby appoint Michael J. Polny of the Grant (IFG) Program; 83.544, Public I have determined that the impact in Assistance Grants; 83.545, Disaster Housing Federal Emergency Management Agency to act as the Federal Coordinating certain areas of the State of New York, Program; 83.548, Hazard Mitigation Grant resulting from the near record snow on Program.) Officer for this declared disaster. January 1, 1999, and continuing, is of James L. Witt, I do hereby determine the following sufficient severity and magnitude to warrant Director. areas of the State of Mississippi to have an emergency declaration under the Robert T. been affected adversely by this declared Stafford Disaster Relief and Emergency [FR Doc. 99–2968 Filed 2–5–99; 8:45 am] major disaster: Assistance Act, P.L. 93–288 as amended, BILLING CODE 6718±02±P (‘‘the Stafford Act’’). I, therefore, declare that Attala, Bolivar, Calhoun, Carroll, such an emergency exists in the State of New Chickasaw, Choctaw, Clay, Grenada, York. Humphreys, Issaquena, Itawamba, Kemper, FEDERAL EMERGENCY In order to provide Federal assistance, you Leake, Lee, Leflore, Monroe, Montgomery, MANAGEMENT AGENCY are hereby authorized to allocate from funds Neshoba, Noxubee, Oktibbeha, Pontotoc, available for these purposes, such amounts as Prentiss, Sharkey, Sunflower, Tallahatchie, [FEMA±1265±DR] you find necessary for Federal disaster Tishomingo, Union, Warren, Washington, assistance and administrative expenses. Mississippi; Major Disaster and Webster, Winston, Yalobusha, and Yazoo You are authorized to provide emergency Related Determinations Counties for Public Assistance. protective measures under the Public All counties within the State of Assistance program to save lives, protect AGENCY: Federal Emergency Mississippi are eligible to apply for public health and safety, and property. Other Management Agency (FEMA). assistance under the Hazard Mitigation forms of assistance under Title V of the ACTION: Notice. Grant Program. Stafford Act may be added at a later date, as you deem appropriate. You are further SUMMARY: This is a notice of the (The following Catalog of Federal Domestic authorized to provide this emergency Presidential declaration of a major Assistance Numbers (CFDA) are to be used assistance in the affected areas for a period disaster for the State of Mississippi for reporting and drawing funds: 83.537, of 48 hours. You may extend the period of Community Disaster Loans; 83.538, Cora assistance, as warranted. Consistent with the (FEMA–1265–DR), dated January 25, Brown Fund Program; 83.539, Crisis requirement that Federal assistance be 1999, and related determinations. Counseling; 83.540, Disaster Legal Services supplemental, any Federal funds provided EFFECTIVE DATE: January 25, 1999 Program; 83.541, Disaster Unemployment under the Stafford Act for Public Assistance FOR FURTHER INFORMATION CONTACT: Assistance (DUA); 83.542, Fire Suppression will be limited to 75 percent of the total Madge Dale, Response and Recovery Assistance; 83.543, Individual and Family eligible costs. Grant (IFG) Program; 83.544, Public Directorate, Federal Emergency Notice is hereby given that pursuant Assistance Grants; 83.545, Disaster Housing to the authority vested in the Director of Management Agency, Washington, DC Program; 83.548, Hazard Mitigation Grant 20472, (202) 646–3260. Program.) the Federal Emergency Management Agency under Executive Order 12148, I SUPPLEMENTARY INFORMATION: Notice is James L. Witt, hereby appoint Marianne C. Jackson of hereby given that, in a letter dated Director. January 25, 1999, the President declared the Federal Emergency Management [FR Doc. 99–2959 Filed 2–5–99; 8:45 am] Agency to act as the Federal a major disaster under the authority of BILLING CODE 6718±02±P the Robert T. Stafford Disaster Relief Coordinating Officer for this declared and Emergency Assistance Act (42 disaster. U.S.C. 5121 et seq.), as follows: I do hereby determine the following FEDERAL EMERGENCY areas of the State of New York to have I have determined that the damage in MANAGEMENT AGENCY been affected adversely by this declared certain areas of the State of Mississippi, emergency: resulting from severe winter storms, ice, and [FEMA±3136±EM] freezing rain on December 22–26, 1998, is of The counties of Chautauqua, Erie, and sufficient severity and magnitude to warrant New York; Emergency and Related Niagara for reimbursement for emergency a major disaster declaration under the Robert Determinations protective measures under the Public T. Stafford Disaster Relief and Emergency Assistance program for a period of 48 hours. Assistance Act, P.L. 93–288, as amended AGENCY: Federal Emergency (The following Catalog of Federal Domestic (‘‘the Stafford Act’’). I, therefore, declare that Management Agency (FEMA). Assistance Numbers (CFDA) are to be used such a major disaster exists in the State of ACTION: Notice. for reporting and drawing funds: 83.537, Mississippi. Community Disaster Loans; 83.538, Cora Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6087

Brown Fund Program; 83.539, Crisis SUMMARY: This notice amends the notice the Robert T. Stafford Disaster Relief Counseling; 83.540, Disaster Legal Services of an emergency for the State of New and Emergency Assistance Act (42 Program; 83.541, Disaster Unemployment York, (FEMA–3136–EM), dated January U.S.C. 5121 et seq.), as follows: Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family 15, 1999, and related determinations. I have determined that the damage in Grant (IFG) Program; 83.544, Public EFFECTIVE DATE: January 28, 1999 certain areas of the State of Tennessee, Assistance Grants; 83.545, Disaster Housing FOR FURTHER INFORMATION CONTACT: resulting from severe winter storms, ice, and Program; 83.548, Hazard Mitigation Grant Madge Dale, Response and Recovery freezing rain on December 23–29, 1998 is of Program.) Directorate, Federal Emergency sufficient severity and magnitude to warrant James L. Witt, a major disaster declaration under the Robert Management Agency, Washington, DC T. Stafford Disaster Relief and Emergency Director. 20472, (202) 646–3260. Assistance Act, P.L. 93–288, as amended [FR Doc. 99–2965 Filed 2–5–99; 8:45 am] SUPPLEMENTARY INFORMATION: The notice (‘‘the Stafford Act’’). I, therefore, declare that BILLING CODE 6718±02±P of an emergency for the State of New such a major disaster exists in the State of York, is hereby amended to include the Tennessee. following areas among those areas In order to provide Federal assistance, you FEDERAL EMERGENCY determined to have been adversely are hereby authorized to allocate from funds MANAGEMENT AGENCY available for these purposes, such amounts as affected by the catastrophe declared a you find necessary for Federal disaster [FEMA±3136±EM] major disaster by the President in his assistance and administrative expenses. declaration of January 15, 1999: You are authorized to provide Public New York; Amendment No. 1 to Notice Cattaraugus, Genesee, Jefferson, Orleans, Assistance and Hazard Mitigation in the of an Emergency and Wyoming Counties for reimbursement designated areas and any other forms of for emergency protective measures under the assistance under the Stafford Act you may AGENCY: Federal Emergency deem appropriate. Consistent with the Management Agency (FEMA). Public Assistance program for a period of 48 hours. requirement that Federal assistance be ACTION: supplemental, any Federal funds provided Notice. (The following Catalog of Federal Domestic under the Stafford Act for Public Assistance Assistance Numbers (CFDA) are to be used SUMMARY: This notice amends the notice or Hazard Mitigation will be limited to 75 for reporting and drawing funds: 83.537, of an emergency for the State of New percent of the total eligible costs. Community Disaster Loans; 83.538, Cora York (FEMA–3136–EM), dated January Brown Fund Program; 83.539, Crisis Notice is hereby given that pursuant 15, 1999, and related determinations. Counseling; 83.540, Disaster Legal Services to the authority vested in the Director of EFFECTIVE DATE: January 15, 1999. Program; 83.541, Disaster Unemployment the Federal Emergency Management FOR FURTHER INFORMATION CONTACT: Assistance (DUA); 83.542, Fire Suppression Agency under Executive Order 12148, I Madge Dale, Response and Recovery Assistance; 83.543, Individual and Family hereby appoint Glenn C. Woodard of the Grant (IFG) Program; 83.544, Public Directorate, Federal Emergency Federal Emergency Management Agency Management Agency, Washington, DC Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant to act as the Federal Coordinating 20472, (202) 646–3260. Program.) Officer for this declared disaster. SUPPLEMENTARY INFORMATION: Notice is Lacy E. Suiter, I do hereby determine the following areas of the State of Tennessee to have hereby given that the incident period for Executive Associate Director, Response and this disaster is closed effective January Recovery Directorate. been affected adversely by this declared major disaster: 15, 1999. [FR Doc. 99–2967 Filed 2–5–99; 8:45 am] (The following Catalog of Federal Domestic BILLING CODE 6718±02±P The counties of Anderson, Bedford, Assistance Numbers (CFDA) are to be used Bledsoe, Campbell, Cannon, Claiborne, for reporting and drawing funds: 83.537, Coffee, Cumberland, DeKalb, Fentress, Community Disaster Loans; 83.538, Cora FEDERAL EMERGENCY Franklin, Giles, Grundy, Hamilton, Hancock, Brown Fund Program; 83.539, Crisis MANAGEMENT AGENCY Lawrence, Lewis, Lincoln, Loudon, Marion, Counseling; 83.540, Disaster Legal Services Marshall, Monroe, Moore, Morgan, Roane, Program; 83.541, Disaster Unemployment [FEMA±1260±DR] Scott, Sequatchie, Sevier, Union, Van Buren, Assistance (DUA); 83.542, Fire Suppression Warren, Wayne, and White for Public Assistance; 83.543, Individual and Family Tennessee; Major Disaster and Related Assistance. Grant (IFG) Program; 83.544, Public Determinations Assistance Grants; 83.545, Disaster Housing All counties within the State of Program; 83.548, Hazard Mitigation Grant AGENCY: Federal Emergency Tennessee are eligible to apply for Program.) Management Agency (FEMA). assistance under the Hazard Mitigation Grant Program. Dennis H. Kwiatkowski, ACTION: Notice. Deputy Associate Director, Response and (The following Catalog of Federal Domestic Recovery Directorate. SUMMARY: This is a notice of the Assistance Numbers (CFDA) are to be used [FR Doc. 99–2966 Filed 2–5–99; 8:45 am] Presidential declaration of a major for reporting and drawing funds: 83.537, BILLING CODE 6718±02±P disaster for the State of Tennessee Community Disaster Loans; 83.538, Cora (FEMA–1260–DR), dated January 15, Brown Fund Program; 83.539, Crisis 1999 and related determinations. Counseling; 83.540, Disaster Legal Services FEDERAL EMERGENCY Program; 83.541, Disaster Unemployment EFFECTIVE DATE: January 15, 1999. Assistance (DUA); 83.542, Fire Suppression MANAGEMENT AGENCY FOR FURTHER INFORMATION CONTACT: Assistance; 83.543, Individual and Family [FEMA±3136±EM] Magda Ruiz, Response and Recovery Grant (IFG) Program; 83.544, Public Directorate, Federal Emergency Assistance Grants; 83.545, Disaster Housing New York; Amendment No. 2 to the Management Agency, Washington, DC Program; 83.548, Hazard Mitigation Grant Notice of an Emergency 20472, (202) 646–3260. Program.) SUPPLEMENTARY INFORMATION: James L. Witt, AGENCY: Federal Emergency Notice is Director. Management Agency (FEMA). hereby given that, in a letter dated January 15, 1999, the President declared [FR Doc. 99–2953 Filed 2–5–99; 8:45 am] ACTION: Notice. a major disaster under the authority of BILLING CODE 6718±02±P 6088 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

FEDERAL EMERGENCY the Federal Emergency Management major disaster by the President in his MANAGEMENT AGENCY Agency under Executive Order 12148, I declaration of January 19, 1999: hereby appoint Paul W. Fay, Jr. of the [FEMA±1262±DR] Fayette and Houston Counties for Individual Federal Emergency Management Agency Assistance. Tennessee; Major Disaster and Related to act as the Federal Coordinating Giles, Jackson, Lawrence, Lewis, Stewart, and Determinations Officer for this declared disaster. Wayne Counties for Public Assistance. I do hereby determine the following (The following Catalog of Federal Domestic AGENCY: Federal Emergency areas of the State of Tennessee to have Assistance Numbers (CFDA) are to be used Management Agency (FEMA). been affected adversely by this declared for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora ACTION: Notice. major disaster: Brown Fund Program; 83.539, Crisis The counties of Carroll, Crockett, Decatur, Counseling; 83.540, Disaster Legal Services SUMMARY: This is a notice of the Dickson, Hardeman, Haywood, Henderson, Program; 83.541, Disaster Unemployment Presidential declaration of a major Lauderdale, Madison, Maury, Montgomery, Assistance (DUA); 83.542, Fire Suppression disaster for the State of Tennessee and Perry for Individual Assistance and Assistance; 83.543, Individual and Family (FEMA–1262-DR), dated January 19, debris removal and emergency protective Grant (IFG) Program; 83.544, Public 1999 and related determinations. measures (Categories A and B) under the Assistance Grants; 83.545, Disaster Housing Public Assistance program. EFFECTIVE DATE: January 19, 1999 Program; 83.548, Hazard Mitigation Grant Program.) FOR FURTHER INFORMATION CONTACT: All counties within the State of Madge Dale, Response and Recovery Tennessee are eligible to apply for Laurence W. Zensinger, Directorate, Federal Emergency assistance under the Hazard Mitigation Division Director, Response and Recovery Management Agency, Washington, DC Grant Program. Directorate. 20472, (202) 646–3260. (The following Catalog of Federal Domestic [FR Doc. 99–2956 Filed 2–5–99; 8:45 am] SUPPLEMENTARY INFORMATION: Notice is Assistance Numbers (CFDA) are to be used BILLING CODE 6718±02±P hereby given that, in a letter dated for reporting and drawing funds: 83.537, Community Disaster Loans; 83.538, Cora January 19, 1999, the President declared Brown Fund Program; 83.539, Crisis FEDERAL RESERVE SYSTEM a major disaster under the authority of Counseling; 83.540, Disaster Legal Services the Robert T. Stafford Disaster Relief Program; 83.541, Disaster Unemployment Formations of, Acquisitions by, and and Emergency Assistance Act (42 Assistance (DUA); 83.542, Fire Suppression Mergers of Bank Holding Companies; U.S.C. 5121 et seq.), as follows: Assistance; 83.543, Individual and Family Correction I have determined that the damage in Grant (IFG) Program; 83.544, Public certain areas of the State of Tennessee, Assistance Grants; 83.545, Disaster Housing This notice corrects a notice (FR Doc. resulting from severe storms, tornadoes, and Program; 83.548, Hazard Mitigation Grant 99-2237) published on page 4873 of the high winds on January 17, 1999, and Program.) issue for Monday, February 1, 1999. continuing, is of sufficient severity and James L. Witt, Under the Federal Reserve Bank of magnitude to warrant a major disaster Director. Atlanta heading, the entry for First declaration under the Robert T. Stafford [FR Doc. 99–2955 Filed 2–5–99; 8:45 am] Banking Company of Southeast Georgia, Disaster Relief and Emergency Assistance Act BILLING CODE 6718±02±P Statesboro, Georgia, is revised to read as (‘‘the Stafford Act’’). I, therefore, declare that follows: such a major disaster exists in the State of Tennessee. A. Federal Reserve Bank of Atlanta In order to provide Federal assistance, you FEDERAL EMERGENCY (Lois Berthaume, Vice President) 104 are hereby authorized to allocate from funds MANAGEMENT AGENCY Marietta Street, N.W., Atlanta, Georgia available for these purposes, such amounts, 30303-2713: as you find necessary for Federal assistance [FEMA±1262±DR] 1. First Banking Company of and administrative expenses. Southeast Georgia, Statesboro, Georgia; You are authorized to provide Individual Tennessee; Amendment No. 3 to to merge with Wayne Bancorp, Inc., Assistance, debris removal and emergency Notice of a Major Disaster Declaration Jesup, Georgia, and thereby indirectly protective measures (Categories A and B) AGENCY: Federal Emergency acquire Wayne National Bank, Jesup, under the Public Assistance program, and Georgia. Hazard Mitigation in the designated areas. Management Agency (FEMA). Comments on this application must Further, you are authorized to provide other ACTION: Notice. categories of assistance under the Public be received by February 25, 1999. Assistance program, if warranted. Consistent SUMMARY: This notice amends the notice Board of Governors of the Federal Reserve with the requirement that Federal assistance of a major disaster for the State of System, February 2, 1999. be supplemental, any Federal funds provided Tennessee, (FEMA–1262–DR), dated Robert deV. Frierson, under the Stafford Act for Public Assistance January 19, 1999, and related Associate Secretary of the Board. and Hazard Mitigation will be limited to 75 determinations. percent of the total eligible costs. [FR Doc. 99–2908 Filed 2–5–99; 8:45 am] Further, you are authorized to make EFFECTIVE DATE: February 1, 1999. BILLING CODE 6210±01±F changes to this declaration to the extent FOR FURTHER INFORMATION CONTACT: allowable under the Stafford Act. Madge Dale, Response and Recovery The time period prescribed for the Directorate, Federal Emergency FEDERAL RESERVE SYSTEM implementation of section 310(a), Management Agency, Washington, DC 20472, (202) 646–3260. Formations of, Acquisitions by, and Priority to Certain Applications for Mergers of Bank Holding Companies Public Facility and Public Housing SUPPLEMENTARY INFORMATION: The notice Assistance, 42 U.S.C. 5153, shall be for of a major disaster for the State of The companies listed in this notice a period not to exceed six months after Tennessee, is hereby amended to have applied to the Board for approval, the date of this declaration. include the following areas among the pursuant to the Bank Holding Company Notice is hereby given that pursuant areas determined to have been adversely Act of 1956 (12 U.S.C. 1841 et seq.) to the authority vested in the Director of affected by the catastrophe declared a (BHC Act), Regulation Y (12 CFR Part Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6089

225), and all other applicable statutes Y (12 CFR 225.28) or that the Board has 1998 (the FEIS) and the basis for that and regulations to become a bank determined by Order to be closely decision, and to identify any mitigation holding company and/or to acquire the related to banking and permissible for measures to be implemented as part of assets or the ownership of, control of, or bank holding companies. Unless that decision. This ROD describes the the power to vote shares of a bank or otherwise noted, these activities will be alternatives considered and the bank holding company and all of the conducted throughout the United States. rationale for selecting the chosen banks and nonbanking companies Each notice is available for inspection alternative and documents my decision owned by the bank holding company, at the Federal Reserve Bank indicated. regarding this proposal. including the companies listed below. The notice also will be available for Public scoping meetings for the Draft The applications listed below, as well inspection at the offices of the Board of Environmental Impact Statement (the as other related filings required by the Governors. Interested persons may DEIS) were held on December 16 and Board, are available for immediate express their views in writing on the 17, 1997. The period for comments on inspection at the Federal Reserve Bank question whether the proposal complies the proposed disposal action was open indicated. The application also will be with the standards of section 4 of the from December 1, 1997 and ended on available for inspection at the offices of BHC Act. January 19, 1998. GSA released the DEIS the Board of Governors. Interested Unless otherwise noted, comments for a 45-day public comment period on persons may express their views in regarding the applications must be June 5, 1998. Public hearings were held writing on the standards enumerated in received at the Reserve Bank indicated during the comment period on June 24 the BHC Act (12 U.S.C. 1842(c)). If the or the offices of the Board of Governors and 25, 1998. The FEIS was released for proposal also involves the acquisition of not later than February 22, 1999. a 30-day public comment period which a nonbanking company, the review also A. Federal Reserve Bank of San closed on December 14, 1998. GSA includes whether the acquisition of the Francisco (Maria Villanueva, Manager provided written Notices of Availability nonbanking company complies with the of Analytical Support, Consumer for these documents in the Federal standards in section 4 of the BHC Act. Regulation Group) 101 Market Street, Register, local newspapers and direct Unless otherwise noted, nonbanking San Francisco, California 94105-1579: mailings to interested parties. activities will be conducted throughout 1. Wells Fargo & Company, San The purpose and need for the proposed the United States. Francisco, California, and Norwest action is for GSA to comply with a Unless otherwise noted, comments Insurance, Inc., Minneapolis, legislative directive with respect to regarding each of these applications Minnesota; to acquire through a joint approximately 172 acres of Federally- must be received at the Reserve Bank venture, ATI Title Agency of Ohio, Inc., owned property known as Governors indicated or the offices of the Board of Cleveland, Ohio, and thereby engage in Island, New York, as provided in the Governors not later than March 2, 1999. title insurance agency, escrow and other Balanced Budget Act of 1997 (Item A. Federal Reserve Bank of real estate closing services, pursuant to 373:[17], Sec. 9101) as signed by Richmond (A. Linwood Gill III, §§ 225.28(b)(2)(i),(v), and (viii) of President Clinton, described below: Assistant Vice President) 701 East Byrd Regulation Y. (a) In General—Notwithstanding any other Street, Richmond, Virginia 23261-4528: Board of Governors of the Federal Reserve provision of law, the administrator of General 1. Millennium Bankshares System, February 2, 1999. Services shall, no earlier than fiscal year Corporation, Reston, Virginia; to Robert deV. Frierson, 2002, dispose of by sale at fair market value become a bank holding company by all rights, title, and interests of the United Associate Secretary of the Board. acquiring 100 percent of the voting States in and to the land of, and shares of Millennium Bank, N.A., [FR Doc. 99–2910 Filed 2–5–99; 8:45 am] improvements to, Governors Island, New Reston, Virginia (in organization). BILLING CODE 6210±01±F York. (b) Right of First Offer—Before a sale is Board of Governors of the Federal Reserve made under subsection (a) to any other System, February 2, 1999. parties, the State of New York and the City Robert deV. Frierson, GENERAL SERVICES ADMINISTRATION of New York shall be given the right of first Associate Secretary of the Board. offer to purchase all or part at fair market [FR Doc. 99–2909 Filed 2–5–99; 8:45 am] Public Building Service; Record of value as determined by the Administrator of General Services, such right may be exercised BILLING CODE 6210±01±F Decision, Proposed Disposal of by either the State of New York or the City Governors Island, New York Harbor, of New York or by both the parties acting New York, NY jointly. FEDERAL RESERVE SYSTEM (c) Proceeds—Proceeds from the disposal I. Introduction Notice of Proposals to Engage in of Governors Island under subsection (a) shall be deposited in the general fund of the Permissible Nonbanking Activities or The United States General Services Administration (GSA) announces its Treasury and credited as miscellaneous to Acquire Companies that are receipts. Engaged in Permissible Nonbanking decision, in accordance with the Activities National Environmental Policy Act of In accordance with NEPA, GSA 1969, as amended (NEPA), and the disclosed information concerning the The companies listed in this notice regulations issued by the Council on potential environmental effects have given notice under section 4 of the Environmental Quality (40 CFR Parts associated with the disposition of this Bank Holding Company Act (12 U.S.C. 1500–1508), for the proposed disposal property. GSA examined a range of 1843) (BHC Act) and Regulation Y, (12 of federally-owned real property known reasonably foreseeable land use options CFR Part 225) to engage de novo, or to as Governors Island, New York Harbor, that might be implemented on the acquire or control voting securities or New York, New York. The purpose of island by another party after disposal. assets of a company, including the this Record of Decision (ROD) is to GSA has no authority to implement a companies listed below, that engages clearly communicate GSA’s decision on reuse on Governors Island. Potential either directly or through a subsidiary or implementing the Preferred Alternative future reuses on Governors Island other company, in a nonbanking activity identified in the Final Environmental would be subject to their own that is listed in § 225.28 of Regulation Impact Statement dated November 4, environmental and land use review 6090 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices processes upon implementation. The Because of GSA’s mandate under the components of this option include a 42- ultimate reuse scheme for the island Balanced Budget Act to dispose of the acre park and approximately 2,400 will be determined by the future owners island to another party, as well as GSA’s housing units. and will be subject to all applicable inability to specify or control the land 5. Maximum Development Option. Federal, State and local regulations. uses that may be developed on disposed This option features the highest property in the future, a precise II. Alternatives Considered residential density (4,450 units in statement of the specific land use- apartments and townhouses) of all the Through the environmental review related environmental and land use options. It also includes a 20- process, GSA identified a preferred socioeconomic effects that could result acre park, hotel, golf course and retail alternative, the Action Alternative from reuse would be largely uses. (disposition of Governors Island), as hypothetical. In response to the lack of 6. Phase-In Option. This option is well as the No Action Alternative certainty concerning a future reuse for intended for transitional use of existing (retention of Governors Island). In the island, GSA has developed a range facilities prior to implementation of any conjunction with the disposition of reasonably foreseeable land use of the land use options. Residential and alternative, and in order to disclose any options that might result upon hotel or hostel use is emphasized. potential impacts and/or benefits that disposition of the island. These land use The FEIS provides a narrative could result from the island’s reuse by options were developed through a description and a tabular summary of a party other than GSA after disposition, planning effort undertaken by the the potential environmental a number of potential Land Use Options United States Coast Guard (USCG) and consequences of each of the land use were reviewed for Governors Island. GSA, with input from New York State options. Recommended mitigation for These options were developed during and New York City officials as well as any adverse environmental the preparation of the Governors Island the public, which culminated in the Land Use Study, commissioned by GSA. consequences is also set forth in the Governors Island Land Use Study. narrative description and tabular The land use options are illustrative of The specific purpose of the land use summary. GSA itself has no intention of a range of reasonably foreseeable reuses options was to describe a range of implementing any of the land use that might be implemented on the reasonable uses that could be options, and only intends to transfer the island by another party or parties. The implemented on the Island upon property to another party who would options were developed based on a year- disposition. The FEIS generically determine the island’s ultimate land long effort that included input from disclosed the potential impacts use. Mitigation for any future adverse local, State and Federal agencies as well pertaining to the short and long term, impacts identified in association with as the public at large. The options are direct and indirect, beneficial and the land use options or other specific not reflective of any GSA plans for the adverse significant regional cumulative development plans would be the future of the island. The land use impacts associated with these land use responsibility of the future owner of options encompass what GSA believes options. to be a range of reasonable and likely This analysis was provided in order to Governors Island. A specific land uses, given the island’s explore the issues associated with the development plan for the island would opportunities and constraints. Before reuse of the island by a party other than be subject to Federal, State and local the implementation of any future reuse GSA. GSA has no intention of regulations that would ensure proper of the island the sponsoring party would implementing any of the Land Use mitigation of adverse impacts associated need to comply with all of the Options. The potential land use options with any future development. applicable local, State, and Federal laws that resulted from the Governors Island III. Decision and regulations. This may include the Land Use Study analyzed in Based upon review of the written preparation of a project-specific conjunction with the Action materials associated with the Environmental Assessment or Alternative, disposition of Governors environmental review process, Environmental Impact Statement and Island, are as follows: including the transcripts of the scoping the provision of a specific mitigation 1. Reuse Option. This option reuses as and public hearings and the comments plan. many buildings as is feasible, while expanding open space. There is a strong received from those who reviewed the A. No Action Alternative residential focus. DEIS and FEIS, I have decided to The No-Action Alternative assumes 2A. Academic Option. This option proceed with the disposal of Governors that the island is not disposed of by assumes use of the Island by an Island under the Action Alternative as GSA after the fiscal year (FY) 2002. academic institution of approximately summarized above. This ROD is in Under this alternative, the Federal 4,000 students. There is a large open keeping with the statutory mission of government would retain ownership of and recreational space component. GSA to dispose of Federally-owned real Governors Island. The annual 2B. Academic Option with New York property, as well as the Balanced Budget appropriation of monies for the on- City Proposal for a Casino. This option Act of 1997 that mandates disposal of island caretaking effort are assumed to is similar to the Academic Option, with Governor Island. My decision is based continue. the inclusion of a gambling casino and on the following factors: its necessary ancillary facilities. Review A. On October 16, 1995, the USCG B. Action Alternative of this option was requested by New announced that it would close The Action Alternative involves the York City during the environmental Governors Island by the end of Summer disposition of Governors Island by GSA. scoping period. 1997. This decision was made in As directed by the Balanced Budget Act 3. Recreation Option. This option’s response to the Presidential mandate to of 1997, GSA has been limited to two predominant use is a 70-acre public meet the goals of the National distinct means by which to dispose of park. Some residential units and a Performance and Results Act, and the Governors Island; disposition to New conference center are also included. challenge of reducing the Federal York State or New York City for fair 4. Mixed Use Option. This option budget deficit. The USCG developed a market value; and, disposition to strikes a balance between new five-part Integrated Business Decision another or entities for fair market value. development and a public park. Major Package, of which closing Support Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6091

Center New York on Governors Island guarantees the future preservation of the be subject to Federal, State and local was a key element. GINHL after disposition. regulations that would ensure proper An Environmental Assessment (EA) E. Disposal of Governors Island by mitigation of any associated impacts. was prepared under the guidance of GSA does not have any direct effect on Coast Guard direction COMDTINST the physical, biological or manmade V. Environmental Impacts and M16475.1B (Final Environmental environment. Any future reuse of the Mitigation Measures Assessment for the Closure of Support island would need to comply with any In terms of environmental harm and Center New York, Governors Island, and all Federal, State, and local degradation, the Action Alternative, May 1995), pursuant to NEPA. This EA regulations. If there were project- disposition of Governors Island, would evaluated the closure of Governors specific impacts at that time, they have minimal or no adverse impacts to Island for potential environmental would need to be disclosed and physical and natural resources, impacts. The EA concluded that no mitigated by the future owner of the biological resources, and man-made or significant environmental impacts island. socioeconomic characteristics. All would result from the closure of F. The USCG is currently completing practical means to alleviate, minimize Governors Island and relocation of all environmental closure and clean-up and/or compensate environmental harm USCG commands under the preferred operations in compliance with Federal, were considered. State and local regulatory standards alternative of standard maintenance. Under the first scenario of the Action B. Governors Island is subject to prior to disposal of the island. Full Alternative, Governors Island would be special legislation incorporated as part remediation will have occurred by the disposed of to New York State or New of the Balanced Budget Act of 1997 time of transfer of the island, or the York City (NYS and/or NYC) for fair (Item 373:[17], Sec. 9101), as signed by USCG will continue such remediation market value no earlier than FY 2002. President Clinton. The act directs GSA after transfer as necessary. to dispose of Governors Island at fair G. The FEIS provided recommended The responsibility of continued market value no earlier than FY 2002. mitigation for any adverse preservation and maintenance of the The State and city of New York have the environmental impacts identified in National Register Landmark District right of first offer to purchase all or part association with the land use options. would be transferred to NYS and/or of the island at fair market value. However, mitigation for any such NYC along with the island’s title. Disposition of the island under the adverse environmental impacts would Generally, properties owned by NYS or Action Alternative is in compliance be the responsibility of the future owner NYC do not generate tax revenue. Under with this legislation. of Governors Island. A specific this Action Alternative scenario, the C. Since closure of the USCG facility, development plan for the island would change in public ownership would not the island and its structures have been be subject to Federal, State and local necessarily constitute an increase in tax maintained by a caretaker detachment of regulations that would ensure proper revenue for the city or state. The Federal and contract personnel at an mitigation of any associated impacts. possibility does exist, however, that approximate annual cost of $6 million NYS and/or NYC would create an IV. Environmentally Preferred in FY 1998 and $7 million in FY 1999, arrangement on the island where some Alternative respectively. The responsibility of land uses would be privately sponsored continuing maintenance of Governors As required by NEPA, a lead agency and would pay taxes. Similarly, if the Island would be transferred to the must identify its environmentally island is disposed of to NYS and/or owner of the island upon disposition, preferred alternative. The NYC the burden of providing services thus alleviating the Federal Government environmentally preferred alternative is on the island would fall to local of the annual expenditure for the alternative which best satisfies and government. Transfer of the island to maintenance of the island. promotes the national environmental NYS and/or NYC could enable public D. The island is acknowledged to policies incorporated in Section 101 of access to a portion of the city previously contain resources of historic merit. In NEPA. The Action Alternative, unavailable to visitors and possibly fulfillment of its consultation disposition of Governors Island, is both create additional open space for the city. responsibilities under Section 106 of the the preferred and the environmentally It is not anticipated that the addition of National Historic Preservation Act, GSA preferred alternative. By disposing of Governors Island to the NYC real estate was a signatory to a Programmatic Governors Island to another party, the market would adversely affect prices for Agreement between the USCG, the Balanced Budget Act would be adhered comparable properties, as the current Advisory Council on Historic to, the property could begin to generate real estate market is strong and Preservation, the New York State tax revenue (if disposed of to a private Governors Island possesses unique Historic Preservation Officer, the city of entity) that might offset any characteristics (size, location, existing New York, and the National Trust for maintenance costs associated with the facilities). Under the Action Alternative, Historic Preservation. This agreement island, and the public could potentially the sale of Governors Island for fair provides for the preservation of the gain access to this previously secured market value would result in the Governors Island National Historic facility. Disposal will also allow for Federal government realizing a Landmark District (GINHL) and reuse of the GINHL in compliance with monetary gain. Additionally, the continuing covenants which will be the Programmatic Agreement and the Federal government’s responsibility for binding upon the new owner of the Governors Island Preservation and caretaking on the island would cease property. GSA is presently preparing the Design Manual, ensuring the and the annual recurring expense for Governors Island Preservation and appropriate maintenance and caretaking would end. Disposal of Design Manual, which will become the preservation of this resource. Disposal Governors Island to NYS and/or NYC governing document for all future of Governors Island would not have any does not have any direct effect on the preservation and maintenance activities direct adverse effect on the physical, physical, biological or man-made within the GINHL. The obligation for biological, or man-made environment, environment. Any future development adherence to the provisions of this but rather beneficial impacts could be of the island by NYS and/or NYC would document will be transferred along with realized as cited above. Any specific be subject to all applicable Federal, the island’s title upon disposition. This development plan for the island would State, and local regulations. 6092 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Under the second scenario associated determined to be necessary adjacent to conjunction with the action alternative, with the Action Alternative, Governors the island in connection with the GSA has identified and analyzed a range Island would be disposed of to an entity construction of docks or piers, ‘‘and the of reasonably foreseeable reuse options other than NYS and/or NYC for fair spoil is contaminated, or is ocean- that could occur on the island. In total, market value. The continued dumped, this may constitute an impact GSA has provided a sufficient level of preservation and maintenance of the under Section 103 of the Marine review of the consequences associated GINHL district would be an obligation Protection, Research, and Sanctuaries with the disposition of the island. transferred along with the island’s title. Act’’ (Governors Island Disposition VII. Conclusion Disposition to an entity other than NYS FEIS, November 1998, pp. IV.E–9, IV.R– and/or NYC under the Action 52, IV.E–90, IV.E–109, IV.E–131). Environmental and other relevant Alternative could be beneficial in terms Because of the conceptual nature of the concerns presented by interested of the creation of new tax ratables land use options, it is not clear if agencies and private citizens have been within NYC. Additionally, if profit- dredging is actually necessary. GSA did fully addressed within the FEIS. GSA generating uses occur on the island, not intend to indicate that spoil material believes there are no outstanding these uses would generate sales or is contaminated, rather that if the spoil environmental issues to be resolved corporate taxes, which would accrue to were contaminated the potential for with respect to the proposed project NYS and/or NYC. Provision of police, impact could exist. In order to which are within the mission fire and other municipal services to determine the nature of any spoil capabilities of this agency. Governors Island would be necessary, material associated with dredging After consulting with GSA staff, the cost of which could be offset to activities an actual sampling and testing reviewing the FEIS and all of its related some degree by taxes. The possibility program would need to be undertaken. materials, it is my decision GSA will exists that the island could be disposed The Port Authority also indicated that proceed with the disposal of Federally- of to a not-for-profit institution at fair the * * * disposition to New York City owned real property known as market value, or some combination of or New York State is preferable to a Governors Island, New York Harbor, not-for-profit entity. In this case the not- private disposition and should be New York. for-profit institution would be exempt evaluated as such in the decision- Dated: January 27, 1999. from paying taxes. This could result in making process.’’ As indicated earlier, Robert W. Martin, a burden to local services without GSA has undertaken the disposition of Acting Regional Administrator. commensurate tax relief. A Payment in Governors Island as directed by the [FR Doc. 99–2722 Filed 2–5–99; 8:45 am] Lieu of Taxes (PILOT) could offset this Balanced Budget Act of 1997. While the BILLING CODE 6820±23±M burden. Under this scenario, the Federal Balanced Budget Act does provide the Government would realize the financial city and State of New York with the gains generated from sale of the island, right of first offer (at fair market value), DEPARTMENT OF HEALTH AND as well as the annual savings of the it does not designate a preference as to HUMAN SERVICES costs associated with maintaining the the purchaser of the island. In keeping island. Disposal of Governors Island to with the directive offered in this Act, Statement of Organization, Functions an entity or entities other than NYS GSA has employed a similar two-tiered and Delegations of Authority; Program and/or NYC does not have any direct approach to the environmental review Support Center effect on the physical, biological or of the disposition of the island. The man-made environment. Any future potential benefits and impacts Part P (Program Support Center) of the development of the island by the new associated with disposition to New York Statement of Organization, Functions owner would be subject to all applicable City and/or New York State as well as and Delegations of Authority for the Federal, State, and local regulations. to a private/institutional party have Department of Health and Human been fully disclosed in the FEIS. The Services (60 FR 51480, October 2, 1995 VI. Supporting Information selection of the disposition alternative as amended most recently at 63 FR GSA has received a limited number of as the preferred alternative does not 71143, December 23, 1998) is amended comments concerning the FEIS. Upon indicate a preference as to the purchaser to reflect changes in Chapter PB within review of these comments, I am satisfied of the island yet it still allows the State Part P, Program Support Center, that they have already been sufficiently and or city of New York the right of first Department of Health and Human addressed in both the DEIS and FEIS. In offer. I believe that sufficient Services. The Human Resources Service support of this, GSA has received background information concerning the (HRS) is reorganizing and realigning its notification from the Environmental effects of disposition to a public or divisions which perform personnel Protection Agency (EPA) that ‘‘In light private entity has been provided to the activities by consolidating the personnel of the covenants that will be set forth in appropriate parties in the decision- operations and employee/labor relations the transfer deed, we have concluded making process. functions into two newly established that the proposed project would not Finally, a letter received from the Divisions: The Division of Personnel result in significant adverse Regional Plan Association (RPA) Operations—Parklawn and the Division environmental impacts; therefore, EPA indicates that ‘‘[t]he DEIS does not of Personnel Operations—Switzer. The has not objections to the adequately examine the consequences of proposed organizational structure will implementation of the proposed its action alternatives’’. I disagree with better support the HRS in its role as a project’’. this assessment and am confident that multi-customer, competitive, service- The Port Authority of the State of the analysis of the action alternative has for-fee cost center. The HRS is also New York and New Jersey has requested been conducted and the impacts and clarifying the statement describing the that in reference to the Hazardous benefits disclosed as required by NEPA. Board for Correction of PHS Materials Sections of the ‘‘Re-Use As I indicated above, GSA has disclosed Commissioned Corps Records to reflect Options’’, GSA ‘‘forbear from the impacts and benefits associated with that its operations are overseen by an characterization of dredged material the disposition of the island to either Executive Director who is located in the absent actual sampling and testing’’. New York City/New York State or immediate Office of the Director, The FEIS disclosed that if dredging were another entity. Additionally, in Program Support Center. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6093

Program Support Center including analyzing employee services including analyzing employee Under Part P, Section P–20, resources, forecasting future resources, forecasting future Functions, change the following: requirements, and coordinating policy requirements, and coordinating policy Under Chapter PB, Human Resources to meet departmental mission and to meet departmental mission and Service (PB) delete the titles and public interest needs; and (8) public interest needs; (8) Provides functional statements for the Personnel Administers special initiative programs consultative service and expert advice Policy, Programs and Organizational including special incentives, honor to organizations effecting change Development Division (PBN); Personnel awards programs, and special leave management activities. Specialized Operations Division (PBP) and the programs. services include restructuring, Establish the Division of Personnel Employee and Labor Relations Division streamlining, employee empowerment, Operations—Switzer (PBT) and enter (PBR) in their entirety. quality management, team building, Establish the Division of Personnel the functional statement as follows: program evaluation, and other Operations—Parklawn (PBS) and enter Division of Personnel Operations— organizational improvement efforts; (9) the functional statement as follows: Switzer (PBT) Oversees the operation of the Career Division of Personnel Operations— Management Center and provides (1) Administers comprehensive individual consultative services and Parklawn (PBS) (1) Administers human resources management and comprehensive human resources expert advice to employees on career employee/labor relations programs for related activities; (10) Oversees the management and employee/labor headquarters and field components of relations programs for headquarters and operation of the Employee Assistance the Office of the Secretary (0S), the Program (EAP) for the OS and other field components of the Program Office of the Inspector General (OIG), Support Center (PSC), other Health and HHS components. Services include the Administration on Aging (AoA), intake, assessment, referral of Human Services (HHS) components, other Health and Human Services (HHS) employees, and education of employees and external customers; (2) Develops components, and external customers; (2) and management about EAP services; and implements strategies and processes Develops and implements strategies and and (11) Administers special initiative to ensure the progression of the Division processes to ensure the progression of programs including special incentives, of Personnel Operations—Parklawn in the Division of Personnel Operations— honor awards programs, and special its role as a multi-customer, Switzer in its role as a multi-customer, leave programs. competitive, service-for-fee cost center; competitive, service-for-fee cost center; Under Chapter PB, Human Resources (3) Formulates and implements (3) Formulates and implements Service, (PB), after the heading Human marketing strategies to promote the marketing strategies to promote the Resources Service (PB), delete item (7) utilization of the Division of Personnel utilization of the Division of Personnel Operations—Parklawn services by other Operations—Switzer services by other in its entirety and insert a new item (7) HHS components and external HHS components and external as follows: ‘‘(7) Provides Executive customers; (4) Provides consultation customers; (4) Provides consultation Secretariat services for the Board for and assistance on employee relations and assistance on employee relations Correction of PHS Commissioned Corps services including adverse actions, services including adverse actions, Records. The Board is overseen by an employee performance deficiencies, employee performance deficiencies, Executive Director who is located in the discipline, grievances and appeals, discipline, grievances and appeals, immediate Office of the Director, PSC.’’ reductions-in-force, incentive awards reductions-in-force, incentive awards Dated: February 1, 1999. programs, leave regulations, standards programs, leave regulations, standards Lynnda M. Regan, of conduct, fitness for duty, violence in of conduct, fitness for duty, violence in Director, Program Support Center. the workplace, worker’s compensation, the workplace, retirement, worker’s [FR Doc. 99–2935 Filed 2–5–99; 8:45 am] conflict of interest such as outside compensation, conflict of interest such BILLING CODE 4168±17±M activities, and financial disclosures; (5) as outside activities, and financial Provides advice and assistance disclosures; (5) Provides full range of concerning the interpretation and personnel operations services and DEPARTMENT OF HEALTH AND application of term and other consultations on human resources HUMAN SERVICES agreements negotiated with labor activities including recruitment, organizations, the duty to bargain, other staffing, position classification, pay Centers for Disease Control and obligations to unions and employees administration, performance Prevention under the Federal Labor-Management management, awards, security, special Relations Statute, and other applicable and executive recruitment, retirement [Program Announcement 99033] laws and governmentwide regulations. and benefits counseling, maintenance of Provides managerial advisory services official personnel records, and State and Local Childhood Lead on contract dispute resolution and Commissioned Corps liaison activities; Poisoning Prevention Programs; National Partnership Council; (6) (6) Provides advice and assistance Notice of Availability of Funds Provides full range of personnel concerning the interpretation and operations services and consultations on application of term and other A. Purpose human resources activities including agreements negotiated with labor The Centers for Disease Control and recruitment, staffing, position organizations, the duty to bargain, other Prevention (CDC) announces the classification, pay administration, obligations to unions and employees availability of fiscal year (FY) 1999 performance management, awards, under the Federal Labor-Management funds for new and competing security, special and executive Relations Statute, and other applicable continuation state and local programs to recruitment, retirement and benefits laws and governmentwide regulations. develop and improve childhood lead counseling, maintenance of official Provides managerial advisory services poisoning prevention activities and personnel records, and Commissioned on contract dispute resolution and build statewide capacity to conduct Corps liaison activities; (7) Provides National Partnership Council; (7) surveillance of blood lead levels in expert managerial advisory services Provides expert managerial advisory children. This announcement is related 6094 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices to the priority area of Environmental c. Applicants encouraged to apply Prevention and Surveillance activities to Health. under Part A include, but are not a State Population’’ (included in the This grant program is to provide the limited to; Arkansas, Georgia, Idaho, application package). Applicants are impetus for the development, Kansas, Mississippi, Nevada, North encouraged to use the funding category implementation, expansion, and Dakota, South Dakota, Tennessee, and that is suggested for the applicant’s evaluation of state and local childhood Kentucky. State; however, note these are suggested lead poisoning prevention programs 2. Part B applies to applicants funding guidelines and should not be which include statewide surveillance currently funded by Centers for Disease regarded as absolute funding limits. capacity to determine areas at high risk Control and Prevention whose project for lead exposure. In particular, this period is expiring in 1999. Part B Awards for Local Applicants grant program is to carry out the core applicants are as follows: Colorado; The suggested range of awards for public health functions in childhood Connecticut; Illinois; Jefferson County, local applicants is $250,000 to $800,000. lead poisoning prevention programs Kentucky; Maryland; Minnesota; (CLPPP). More specifically, this grant Nebraska; New York; Utah; Washington, Additional Information on Funding for program is to bring about: (1) Screening D.C.; and Wisconsin. All Applicants for Part A, Part B and of children who are potentially exposed 3. Part C applies to: (1) Applicants Part C to lead and follow-up care for children who apply under Part B, however New awards are expected to begin on who are identified with elevated blood funding will only be considered if their or about July 1, 1999, and are made for lead levels (BLLs); (2) awareness and Part B application is successful and 12-month budget periods within project action among the general public and chosen for funding and, (2) applicants periods not to exceed 3 years. Estimates affected professionals in relation to currently holding funded CDC outlined above are subject to change preventing childhood lead poisoning; Childhood Lead Poisoning Prevention based on the actual availability of funds and (3) primary prevention of childhood Program and Childhood Blood Lead and the scope and quality of lead poisoning in high-risk areas in Surveillance grants that successfully applications received. Continuation collaboration with other government report data to CDC’s national awards within the project period will be and community-based organizations. As surveillance database as of March 31st. made on the basis of satisfactory State and local programs shift emphasis Additional Information for All State progress and availability of funds. Grant from providing direct screening and Applicants awards cannot supplant existing follow-up services to the core public funding for CLPP or Alternative health functions, grant funds may be If a State agency applying for grant Surveillance programs. Grant funds used to support and emphasize health funds is other than the official State should be used to enhance the level of department responsibilities in screening health department, written concurrence expenditures from State, local, and and follow-up services of children at by the State health department must be other funding sources. Awards made risk for lead poisoning. This includes provided. under Parts A and B will be made with improving coalitions and partnerships, C. Availability of Funds the expectation that program activities conducting better and more will continue when grant funds are sophisticated assessments, developing Part A: New Applicants terminated. and evaluating policies and program Up to $3,000,000 will be available in Note: performance and effectiveness based on FY 1999 to fund up to 5 new grants. 1. Grant funds may not be expended for established goals and objectives. CDC anticipates that awards for the first medical care and treatment or for B. Eligible Applicants budget year will range from $75,000 to environmental remediation of sources of lead $800,000. exposure. However, the applicant must Applicant eligibility is divided into provide a plan to ensure that these program Parts A (New Applicants), B (Competing Part B: Competing Continuations activities are carried out. Continuation), and C (Alternative Up to $7,700,000 will be available in 2. Not more than 10 percent (exclusive of Surveillance Assessment) defined as FY 1999 to fund up to 11 competing Direct Assistance) of any grant or contract follows: continuation grants. CDC anticipates through the grant may be obligated for administrative costs. This 10 percent 1. Part A applies to State and local that awards for the first budget year will health departments or other State and limitation is in lieu of, and replaces, the range from $75,000 to $1,500,000. indirect cost rate. local health agencies or departments not currently funded by CDC. Part C: Alternative Surveillance D. Program Requirements a. Also eligible are agencies or units Assessments Part A and Part B: New and Competing of local government that serve Up to $400,000 will be available in FY Continuations jurisdictional populations greater than 1999 to fund up to 4 supplemental 500,000. In addition, eligible applicants awards to support the development of The following are requirements for include health departments or other alternative surveillance assessments. CLPP Programs: official organizational authority (agency Alternative surveillance assessment 1. A director/manager with authority or instrumentality) of the District of awards are expected to range from and responsibility to carry out the Columbia, the Commonwealth of Puerto $85,000 to $100,000, with the average requirements of the program and/or a Rico, any territory or possession of the award being approximately $95,000. full time coordinator for surveillance United States, and all Indian tribes. activities. b. Applicants for local CLPP program Awards for State Applicants 2. Provide qualified staff, other grants from eligible units of local To determine the suggested level of resources, and knowledge to implement jurisdictions must either apply directly funding for which an individual State the provisions of the program. to CDC or apply as part of a statewide applicant for Part A or Part B is eligible, Applicants requesting grant supported grant application. Local jurisdictions State applicants should refer to the table positions must provide assurances that cannot submit applications directly to entitled ‘‘State CLPPP’s Only: Suggested such positions will be authorized to be CDC and also apply as part of a Funding Categories Based on Projected filled by the applicant’s personnel statewide grant application. Level of Effort Required to Provide system. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6095

3. For State applicants, develop a 1992’’ (Pub. L. 102–531), applicants material must be typewritten, double statewide surveillance system in AND current grantees must meet the spaced, printed on one side only, with accordance with CDC guidance and following requirements: For CLPP un-reduced font (10 or 12 point font submit data annually to CDC. Revise, program services which are Medicaid- only) on 81⁄2′′ by 11′′ paper, and at least refine, and carry out the proposed reimbursable in the applicant’s State: 1′′ margins and heading and footers. All surveillance methodology. For local a. Applicants who directly provide graphics, maps, overlays, etc., should be applicants, develop a data-management these services must be enrolled with in black and white and meet the above system that links with the State’s their state Medicaid agency as Medicaid criteria. surveillance system or develop an providers. 5. A one-page, single-spaced, typed automated data-management system to b. Providers who enter into abstract must be submitted with the collect and maintain laboratory data on agreements with the applicant to application. The heading should the results of blood lead analyses and provide such services must be enrolled include the title of the grant program, data on follow-up care for children with with their state Medicaid agency as project title, organization, name and elevated BLLs. For both State and local providers. An exception to this address, project director, telephone applicants, use these systems to monitor requirement will be made for providers number, facsimile number, and e-mail timeliness and completeness of whose services are provided free of address. screening of high-risk children and of charge and who accept no 6. The main body of the CLPP follow-up care for children with reimbursement from any third-party program application must include the elevated BLLs. payer. Such providers who accept following understanding the problem, 4. For State applicants, commitment voluntary donations may still be surveillance or data-management to develop and implement a statewide exempted from this requirement. childhood blood lead screening plan activities, statewide/jurisdiction-wide consistent with CDC guidance provided Part C: Alternative Surveillance planning and collaboration, core public in Screening Young Children for Lead Assessments health functions, goals and objectives, Poisoning: Guidance for State and Local The following are requirements for program management and staffing, and Public Health Officials. For local Alternative Surveillance Assessments: program evaluation. The main body of applicants, commitment to participate 1. A coordinator in collaboration with the alternative surveillance assessments in the statewide planning process. the principal investigator with authority application must include the following 5. Establish effective, well-defined and responsibility to carry out the study protocol, project personnel, and working relationships within public requirements of the assessment project management. Each should not health agencies and with other agencies activities. exceed 75 pages. The abstract, budget and organizations at national, State, and 2. Develop and implement a study narrative, and budget justification pages community levels (e.g.: Housing protocol to include the following: are not included in the 75 page limit. authorities; environmental agencies; Methodology, sample selection, field Supplemental information may be maternal and child health programs; operation, and statistical analysis. placed in appendices and should not State Medicaid Early Periodic Applicants must provide a means of exceed 25 pages. Screening, Diagnosis, and Treatment assuring that the results of the study 7. Part B applicants must submit a (EPSDT) programs; community and will be published. progress report no longer than 10 pages. migrant health centers; community- 3. Revise, refine, and carry out the based organizations providing health proposed methodology for conducting F. Application and social services in or near public Alternative Surveillance Assessments. Applicants must submit the original housing units, as authorized under 4. Monitor and evaluate all aspects of and two copies of the PHS 5161–1 section 340A of the Public Health the assessment activities. (OMB Number 0937–0189) on or before Service (PHS) Act; State and local 5. Conduct and evaluate public health April 7, 1999. Submit the application to: epidemiology programs; State and local programs or have access to professionals Mattie B. Jackson, Grants Management housing rehabilitation programs; who are knowledgeable in conducting Specialist, Grants Management Branch, schools of public health and medical such activities. Procurement and Grants Office schools; and environmental interest E. Application Content Announcement 99033, Centers for groups). Disease Control and Prevention (CDC), 6. Written assurance that income Use the information in the Program 2920 Brandywine Road, MS–E13, earned by the CLPP program will be Requirements, Other Requirements, and Atlanta, GA 30341 returned to the program for its use. Evaluation Criteria sections to develop 7. For State CLPP Programs, provide the application content. Your Applications shall be considered as managerial, technical, analytical, and application will be evaluated on the meeting the deadline if they are either: program evaluation assistance to local criteria listed, so it is important to (1) Received on or before the deadline agencies and organizations in follow them in laying out your program date, or (2) sent on or before the developing or strengthening their CLPP plan: deadline date and received in time for programs. 1. Applications must be developed in submission for the review process. 8. Establish a system to monitor the accordance with PHS Form 5161–1. Applicants must request a legibly dated notification and follow-up of children 2. Part B applicants also competing receipt from a commercial carrier or who are confirmed with elevated BLLs for Part C funds must submit a separate U.S. Postal Service. Private metered and who are referred for environmental application. postmarks shall not be acceptable as services. 3. Application pages must be clearly proof of timely mailing. 9. SPECIAL REQUIREMENT regarding numbered, and a complete index to the Applications which do not meet the Medicaid provider-status of applicants: application and its appendices must be criteria above are considered late Pursuant to section 317A of the Public included. applications. Late applications will not Health Service Act (42 U.S.C. 247b–1), 4. The original and two copies of the be considered in the current as amended by Sec. 303 of the application set must be submitted competition and will be returned to the ‘‘Preventive Health Amendments of UNSTAPLED and UNBOUND. All applicant. 6096 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

G. Evaluation Criteria management system, including the 4. Capacity To Carry Out Public-health The review of applications will be approach to participate in the State Core Functions (15 points) conducted by an independent review CBLS, where applicable. The clarity, The description of the approach and committee approved by CDC as they feasibility, and scientific soundness of activities necessary to achieve a balance relate to the applicant’s response to the approach to data management. Also, among health-department roles in CLPP, either Part A, Part B, or Part C. the extent to which a proposed schedule including assessment, program and Applications will be reviewed for the for accomplishing each activity and policy development, and monitoring, quality, strength and completeness of method for evaluating each activity are evaluating, and ensuring the provision the plan against the following criteria. clearly defined and appropriate. The of all necessary components of a The maximum rating score of an following elements will be specifically comprehensive CLPP. Specifically, application is 100 points. evaluated: include a description of the capacity in a. How laboratory reports will be place or plans to address: Part A: New Applicants received. a. Epidemiologic structure to perform 1. Understanding of the Problem (15 b. How data will be collected and assessment of lead exposure and points) managed. program response. c. How quality of data and c. Health education and The applicant’s description and completeness of reporting will be communication strategies designed to understanding of the burden and assured. reach actual and potential collaborators distribution of childhood lead exposure d. How and when data will be and partners and achieve program goals. or elevated BLLs in their jurisdiction, analyzed. d. Gaps in service provision, where using evidence (as available) of e. How summary data will be reported gaps have been demonstrated. incidence and/or prevalence and and disseminated. e. Evaluation approaches to examine demographic indicators. Specifically f. Protocols for follow-up of basic data on CLPP burden and program include a description of the prevalence individuals with elevated BLLs. activities and make course corrections. of elevated blood lead levels in the g. Provisions to obtain denominator Medicaid population. The extent to 5. Goals and Objectives (10 points) data (results of all laboratory blood lead which the applicant reflects an tests, regardless of level). The extent to which the applicant’s understanding of prevention activities, h. Time line and methods for goals and objectives relate to the six (6) including need, available resources, evaluating data-collection approach. components of a comprehensive CLPP gaps, and use of this award to address program. Objectives must be relevant, gaps. 3. Statewide/Jurisdiction-wide Planning specific, measurable, achievable, and and Collaboration (20 points) 2. Surveillance Activity (20 points) time-framed. There must be a formal work plan with a description of For State Applicants: The applicant’s Applicants should describe a planning process to develop statewide/ methods, a timetable for description of plans to develop a accomplishment of each objective, and childhood blood lead surveillance jurisdiction-wide screening recommendations with appropriate the evaluation of each proposed system that includes tracking lead objective. screening services to children, local strategies. The following elements especially Medicaid children and will be specifically evaluated: 6. Project Management and Staffing (10 reports data annually to the CDC’s a. The proposed approach to points) developing and carrying out an national surveillance database. The The extent to which the applicant has inclusive state- or jurisdiction-wide clarity, feasibility, and scientific the skills and ability to develop and screening plan as outlined in Screening soundness of the surveillance approach. carry out a comprehensive CLLP Young Children for Lead Poisoning: Also, the extent to which the proposed program. Specifically the applicant Guidance for State and Local Health time table for accomplishing each should: activity and methods for evaluating each Officials. a. Describe the proposed health activity are appropriate and clearly b. The extent to which the applicant department staff roles in CLPP, their defined. The following elements will be plans to utilize surveillance and specific responsibilities, and their level specifically evaluated: program data to produce a statewide/ of effort and time. Include a plan to a. How laboratories report BLLs. jurisdiction-wide screening expedite filling of all positions and b. How data will be collected and recommendation, with specific attention assure that requested positions have managed. given to the Medicaid population. been or will be approved by applicant’s c. How quality of data and c. Description of how collaborations personnel system. completeness of reporting will be are expected to facilitate the b. Describe the plan to provide ensured. development of a screening plan and training and technical assistance to d. How and when data will be strengthen childhood lead poisoning health department personnel and analyzed. prevention strategies. consultation to collaborators outside the e. How summary data will be reported d. Evidence of collaboration with health department, including proposed and disseminated. principal partners, including managed- design of information-sharing systems. f. Protocols for follow-up of care organizations, state Medicaid individuals with elevated BLLs. agency, child health-care providers and 7. Program Evaluation (10 points) g. Provisions to obtain denominator provider groups, insurers, community- The extent to which the applicant data (results of all laboratory blood lead based organizations, housing agencies, proposes to measure the overall impact tests, regardless of level). and banking, real-estate, and property- of health department CLPP activities. h. Time line and methods for owner interests, must be demonstrated Specific criteria should include: evaluating Childhood Blood Lead by letters of support, memoranda of a. The plan for evaluating the impact Surveillance (CBLS) approach. understanding, contracts, or other or outcome of CLPP activities, including For Local Applicants: The applicant’s documented evidence of relationships evaluation design, methods, and description of plans to develop a data with important collaborators. activities. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6097

b. Description of how the project will management system, including the screening plan based upon each of the assess changes in public policy and approach to participating in the state elements listed above. measure the effectiveness of CBLS, where applicable. The clarity, 4. Capacity To Carry Out Public-Health collaborative activities. feasibility, and scientific soundness of Core Functions (15 points) c. Progress made in childhood lead the approach to data management. Also, poisoning prevention which resulted the extent to which the proposed The description of the approach and from planned health department schedule for accomplishing each activities taken to achieve a balance strategies. activity and method for evaluating each among health-department roles in CLPP, activity are clearly defined and including assessment, program and 8. Budget Justification (not scored) appropriate. The following elements policy development, and monitoring, Evaluation will be based on the extent will be specifically evaluated: evaluating, and ensuring the provision to which the budget is reasonable, a. How laboratory reports will be of all necessary components of a clearly justified, and consistent with the received. comprehensive CLPP. Specifically intended use of funds. b. How data will be collected and include a description of the steps that managed. were taken to develop capacity to Part B: Competing Continuations c. How quality of data and address: 1. Understanding of the Problem (15 completeness of reporting will be a. Epidemiologic structure to perform points) assured. assessment of lead exposure and d. How and when data will be program response. The applicant’s description and analyzed. b. Health education and understanding of the burden and e. How summary data will be reported communication strategies designed to distribution of childhood lead exposure and disseminated. reach actual and potential collaborators or elevated BLLs in the jurisdiction, f. Protocols for follow-up of and partners and achieve program goals. using evidence of incidence and/or individuals with elevated BLLs. c. Gaps in service provision where prevalence and demographic indicators. g. Provisions to obtain denominator gaps have been demonstrated. Specifically include a description of the data (results of all laboratory blood lead d. Evaluation approaches to examine prevalence of elevated blood lead levels tests, regardless of level). basic data on CLPP burden and program in the Medicaid population. The extent h. Time line and methods for activities and make course corrections. to which the applicant reflects an evaluating data-collection approach. understanding of prevention activities, 5. Goals and Objectives (10 points) 3. Statewide/Jurisdiction-wide Planning including need, available resources, The extent to which the applicant’s and Collaboration (20 points) gaps, and use of this award to address goals and objectives relate to the six (6) gaps. Applicants should describe the components of a comprehensive CLPP planning process that has been taken to 2. Surveillance Activity (20 points) program. Objectives must be relevant, develop statewide/jurisdiction-wide specific, measurable, achievable, and For State Applicants: The applicant’s screening recommendations with time-framed. There must be a formal description of plans to expand their appropriate local strategies. The work plan with a description of childhood blood lead surveillance following elements should be methods and a timetable for system that includes tracking lead specifically evaluated: accomplishment of each objective. screening for Medicaid children, a. The approach to developing and evaluate the existing system, and report carrying out an inclusive state- or 6. Project Management and Staffing (10 data to the CDC’s national surveillance jurisdiction-wide screening plan as points) database. The clarity, feasibility, and outlined in Screening Young Children The extent to which the applicant has scientific soundness of the surveillance for Lead Poisoning: Guidance for State the skills and ability to develop and approach. Also, the extent to which the and Local Health Officials. carry out a comprehensive CLLP proposed time table for accomplishing b. The extent to which the applicant program. Specifically the applicant each activity are appropriate and clearly utilized surveillance and program data should: defined. The following elements will be to produce statewide/jurisdiction-wide a. Describe the proposed health specifically evaluated: screening recommendations and target department staff roles in CLPP, their a. How laboratories report BLLs. the Medicaid population. specific responsibilities, and their level b. How data will be collected and c. Description of how collaborations of effort and time. Include a plan to managed. facilitated the development of a expedite filling of all positions and c. How quality of data and screening plan and strengthened assure that requested positions have completeness of reporting will be childhood lead poisoning prevention been or will be approved by the ensured. strategies. applicant’s personnel system. d. How and when data will be d. Evidence of collaboration with b. Describe the plan to provide analyzed. principal partners, including managed- training and technical assistance to e. How summary data will be reported care organizations, state Medicaid health department personnel and and disseminated. agency, child health-care providers and consultation to collaborators outside the f. Protocols for follow-up of provider groups, insurers, community- health department, including proposed individuals with elevated BLLs. based organizations, housing agencies, design of information-sharing systems. g. Provisions to obtain denominator and banking, real-estate, and property- data (results of all laboratory blood lead owner interests, must be demonstrated 7. Program Evaluation (10 points) tests, regardless of level). by letters of support, memoranda of The extent to which the applicant h. Time line and methods for understanding, contracts, or other proposes to measure the overall impact evaluating Childhood Blood Lead documented evidence of relationships of health department CLPP activities. Surveillance (CBLS) approach. with important collaborators. Specific criteria should include: For local applicants: The applicant’s Note: For applicants under Part B, describe a. The plan for evaluating the impact description of plans to expand their data progress in developing and implementing the and outcome of CLPP activities, 6098 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices including the evaluation design, 5. Human Subjects (not scored) 247(a), 247b–1, and 247b–3), as methods, and activities. The extent to which the applicant amended. Program regulations are set b. Description of how the project will complies with the Department of Health forth in Title 42, Code of Federal assess changes in the effectiveness of and Human Services regulations (45 Regulations, part 51b. The Catalog of collaborative activities. CFR part 46) on the protection of human Federal Domestic Assistance number is c. Progress made in childhood lead subjects. 93.197. poisoning prevention which resulted H. Other Requirements J. Pre-Application Workshop for New from planned health department and Competing Continuation strategies. Technical Reporting Requirements Applicants 8. Budget Justification (not scored) Provide CDC with the original plus 1. A pre-application technical Evaluation will be based on the extent two copies of: assistance workshop will be held to to which the budget is reasonable, 1. Quarterly progress reports which assist all prospective applicants in clearly justified, and consistent with the are required of all grantees. The understanding CDC application intended use of funds. quarterly report should not exceed 25 requirements and program priorities. pages. Time lines for the quarterly During the workshop, information will PART C: Alternative Surveillance reports will be established at the time of be presented on application and Assessments—Factors to be Considered award, but are typically due 30 days business management requirements, 1. Study Protocol (45 points) after the end of each quarter. programmatic priorities, and other 2. Calendar year surveillance data essential information for preparing The protocol’s scientific soundness should be reported annually to CDC in applications. (including adequate sample size with the approved OMB format. Time lines 2. The workshop will be held Sunday, power calculations), quality, feasibility, for the annual report will be established January 31, 1999 from, 2 p.m. to 5 p.m., consistency with project goals, and at the time of award, however are prior to the annual CDC supported soundness of the evaluation plan (which typically due 90 days after the end of grantee meeting. Applicants interested should provide sufficient detail the year. Also submit a written in attending the workshop should make regarding the way in which the protocol surveillance report annually to CDC. reservations at the Holiday Inn will be implemented). The degree to 3. Financial Status Reports, are due SunSpree Conference Center, Clearwater which the applicant has met the CDC within 90 days of the end of the budget Beach, Florida, by calling 727–447– policy requirements regarding the period. 9566. inclusion of women, ethnic, and racial 4. Final financial reports and In addition, for interested applicants, groups in the proposed project. This performance reports are due within 90 a telephone conference call for pre- includes: (a) The proposed plan to days after the end of the project period. application technical assistance will be include of both sexes and racial and Send all reports to: Mattie B. Jackson, held on Wednesday, February 17, 1999, ethnic minority populations for Grants Management Specialist, Grants from 1:30 p.m. to 3:30 p.m, Eastern appropriate representation; (b) the Management Branch, Procurement and Standard Time. The bridge number for proposed justification when Grants Office, Centers for Disease the conference call is 1-800–311–3437, representation is limited or absent; (c) a Control and Prevention (CDC), 2920 and the pass code is 669241. For further statement as to whether the design of Brandywine Road, Mailstop E–13, information about all workshops, please the study is adequate to measure Atlanta, GA 30341 contact Claudette Grant-Joseph at 770– differences when warranted; and (d) a 5. Data collection initiated under this 488–7330. statement as to whether the plans for cooperative agreement program has K. Where To Obtain Additional recruitment and outreach for study been approved by the Office of Information participants includes establishing Management and Budget under OMB partnerships with community-based number (0920–0337), ‘‘National To receive additional written agencies and organizations. Benefits of Childhood Blood Lead Surveillance information, call 1–888–472-6874. You the partnerships should be described. System’’, Expiration Date: March 31, will be asked to leave your name, 2000. address, and phone number and will 2. Project Personnel (20 points) The following additional need to refer to Announcement 99033. The qualifications, experience requirements are applicable to this You will receive a complete program (including experience in conducting program. For a complete description of description, information on application relevant studies), and time commitment each, see Addendum 1 in the procedures, and application forms. CDC of the staff needed to carry out the application kit. will not send application kits by facsimile or express mail. If you have study. AR–1 Human Subjects Requirement questions after reviewing the contents of AR–2 Requirements for Inclusion of 3. Project Management (35 points) all documents, business management Women and Racial and Ethnic technical assistance may be obtained The schedule for implementing and Minorities in Research from: monitoring the proposed study also AR–7 Executive Order 12372 Review should be provided. The extent to AR–9 Paperwork Reduction Act Mattie B. Jackson, Grants Management which the application documents Requirements Specialist, Grants Management specific, attainable, and realistic goals AR–10 Smoke-Free Workplace Branch, Procurement and Grants and objectives, and describes the Requirements Office, Centers for Disease Control evaluation plan. AR–11 Healthy People 2000 and Prevention (CDC), 2920 AR–12 Lobbying Restrictions Brandywine Road, Mailstop E–13, 4. Budget Justification (not scored) Atlanta, GA 30341, telephone (404) The extent to which the budget is I. Authority 842–6564 reasonable, clearly justified, and This program is authorized under Internet address [email protected] consistent with the intended use of sections 301(a), 317A and 317B of the This and other CDC announcements cooperative agreement funds. Public Health Service Act (42 U.S.C. are also available through the CDC Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6099 homepage on the Internet. The address portion of the meeting will be closed to the in receiving and reviewing the for the CDC homepage is http:// public in accordance with provisions set demonstration proposals. forth in section 552b(c)(4) and (6), title 5 www.cdc.gov. The Information Memorandum: (1) For programmatic technical U.S.C., and the Determination of the Contains guidelines and procedures for assistance, contact: Associate Director for Management and Operations, CDC, pursuant to Pub. L. 92–463. submitting a proposal; and (2) identifies Claudette A. Grant-Joseph, Chief, Agenda items are subject to change as limitations on demonstration projects Program Services Section, Lead priorities dictate. and provisions of titles IV–B and IV–E Poisoning Prevention Branch, Contact Person For More Information: John of the Act that are not subject to waiver. Division of Environmental Hazards F. Finklea, M.D., Acting Executive Secretary, and Health Effects, National Center IRGRC, NCIPC, CDC, 4770 Buford Highway, The Department will give preference to for Environmental Health, Centers for NE, M/S K58, Atlanta, Georgia 30341–3724. proposals that test policy and service Disease Control and Prevention Telephone 770/488–4330. program alternatives that are unique in (CDC), 4770 Buford Highway, NE, The Director, Management Analysis and their approach to serving children and Services office has been delegated the families, that differ significantly from Mailstop F–42, Atlanta, GA 30341– authority to sign Federal Register notices 3724, telephone (770) 488–7330, other approved child welfare pertaining to announcements of meetings and demonstrations, and that are from States Internet address [email protected] other committee management activities, for that have not previously been approved Dated: February 2, 1999. both the Centers for Disease Control and for a Child Welfare Demonstration John L. Williams, Prevention and the Agency for Toxic Substances and Disease Registry. project. The Department will give first Director, Procurement and Grants Office, Centers for Disease Control and Prevention Dated: February 2, 1999. consideration to proposals that reflect (CDC). John C. Burckhardt, the topical priorities outlined in Appendix I of the Information [FR Doc. 99–2905 Filed 2–5–99; 8:45 am] Acting Director, Management Analysis and Memorandum. BILLING CODE 4160±18±U Services Office, Centers for Disease Control and Prevention (CDC). FOR FURTHER INFORMATION CONTACT: [FR Doc. 99–2900 Filed 2–5–99; 8:45 am] Copies of the Information Memorandum DEPARTMENT OF HEALTH AND BILLING CODE 4163±18±P containing the guidelines, and topical HUMAN SERVICES priorities can be found at the ACF Website at: http://www.acf.dhhs.gov/ Centers for Disease Control and DEPARTMENT OF HEALTH AND programs/cb/demonstrations or may be Prevention HUMAN SERVICES obtained from the National Injury Research Grant Review Administration for Children and Clearinghouse on Child Abuse and Committee: Conference Call Meeting Families Neglect Information, 330 C Street, SW, Washington, DC 20447, (800) 394–3366, In accordance with section 10(a)(2) of Child Welfare Demonstrations INTERNET address: the Federal Advisory Committee Act Pursuant to Section 1130 of the Social [email protected]. For further (Pub. L. 92–463), the Centers for Disease Security Act (the Act); Parts B and E information, contact the Children’s Control and Prevention (CDC) of title IV of the Act; Public Law 103± announces the following conference call Bureau, Administration on Children, 432 and Public Law 105±89 committee meeting. Youth and Families, DHHS at (202) 205–8618. Name: Injury Research Grant Review AGENCY: Administration on Children, Committee (IRGRC). Youth and Families, ACF, DHHS. DATES: Proposals for a Child Welfare Time and Date: 1:30 p.m.–3:30 p.m., ACTION: Public notice. Demonstration project will be accepted February 24, 1999. at any time. States that are interested in Place: National Center for Injury SUMMARY: This public notice announces a project to be considered for approval Prevention and Control (NCIPC), CDC, Koger that the Department of Health and Center, Vanderbilt Building, 1st Floor, in fiscal year 1999 are strongly Human Services (Department) is seeking encouraged to submit a Letter of Intent Conference Room 1006, 2939 Flowers Road, proposals on child welfare South, Atlanta, Georgia 30341. (Exit before April 5, 1999. Chamblee-Tucker Road off I–85.) demonstration projects and has Status: Open: 1:30 p.m.–1:45 p.m., published Information Memorandum ADDRESSES: All Letters of Intent and February 24, 1999. Closed: 1:45 p.m.–3:30 ACYF–CB–IM–99–03 dated 1–21–99, complete proposals should be submitted p.m., February 24, 1999. January 21, 1999, entitled Child Welfare to Laura Oliven, Children’s Bureau, Purpose: This committee is charged with Demonstration Projects. This Administration on Children, Youth and advising the Secretary of Health and Human memorandum informs interested parties Families, 330 C Street, SW, Room 2068, Services, the Assistant Secretary for Health, of: (1) The principles, goals and Washington, DC 20447. Facsimile and the Director, CDC, regarding the objectives the Department will consider transmission of a Letter of Intent ONLY scientific merit and technical feasibility of in exercising its discretion to approve or grant applications received from academic will be accepted providing it is followed institutions and other public and private disapprove demonstration projects by an original copy. The FAX number profit and nonprofit organizations, including which would require waivers of certain is (202) 260–9345. State and local government agencies, to sections of the Act under the authority conduct specific injury research that focus on in section 1130 (b) (of Part A of title XI) SUPPLEMENTARY INFORMATION: This prevention and control and to support injury of the Social Security Act (the Act), announcement and the Information prevention research centers. added by Pub. L. 103–432 and amended Memorandum Number ACYF–CB–IM– Matters to be Discussed: Agenda items by Pub. L. 105–89; (2) the procedures 99–03 do not create any right or benefit, include announcements; discussion of the Department expects the States to substantive or procedural, enforceable at review procedures; future meeting dates; and review of grant applications. employ in involving the public in the law or equity, by any person, or entity, Beginning at 1:45 p.m., through 3:30 p.m., development of proposed demonstration against the United States, its agencies or February 24, the Committee will meet to projects under section 1130; and (3) the instrumentalities, the States, or any conduct a review of grant applications. This procedures the Department will follow other person. 6100 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Dated: February 1, 1999. assessment submitted with the petition Evaluation and Research (HFD–21), Patricia Montoya, that is the subject of this notice on Food and Drug Administration, 5600 Commissioner, Administration on Children, display at the Dockets Management Fishers Lane, Rockville, MD 20857, Youth and Families. Branch (address above) for public 301–827–7001, or FDA Advisory [FR Doc. 99–3006 Filed 2–5–99; 8:45 am] review and comment. Interested persons Committee Information Line, 1–800– BILLING CODE 4184±01±P may, on or before April 10, 1999, submit 741–8138 (301–443–0572 in the to the Dockets Management Branch Washington, DC area), code 12536. (address above) written comments. Two Please call the Information Line for up- DEPARTMENT OF HEALTH AND copies of any comments are to be to-date information on this meeting. HUMAN SERVICES submitted, except that individuals may Agenda: The committee will discuss submit one copy. Comments are to be experience since approval for Food and Drug Administration identified with the docket number marketing, benefits, and risks of TM [Docket No. 99F±0187] found in brackets in the heading of this Rezulin (troglitazone, Parke-Davis document. Received comments may be Pharmaceutical Research, a Division of Monsanto Co.: Filing of Food Additive seen in the office above between 9 a.m. Warner-Lambert) in the treatment of Petition and 4 p.m., Monday through Friday. type 2 diabetes mellitus. FDA will also place on public display Procedure: Interested persons may AGENCY: Food and Drug Administration, any amendments to, or comments on, present data, information, or views, HHS. the petitioner’s environmental orally or in writing, on issues pending ACTION: Notice. assessment without further before the committee. Written announcement in the Federal Register. submissions may be made to the contact SUMMARY: The Food and Drug If, based on its review, the agency finds person by March 23, 1999. Oral Administration (FDA) is announcing that an environmental impact statement presentations from the public will be that Monsanto Co. has filed a petition is not required and this petition results scheduled between approximately 8:30 proposing that the food additive in a regulation, the notice of availability a.m. and 9:30 a.m. Time allotted for regulations be amended to provide for of the agency’s finding of no significant each presentation may be limited. Those the safe use of L-Phenylalanine, N-[N- impact and the evidence supporting that desiring to make formal oral (3,3-dimethylbutyl)-L-α-aspartyl]-,1- finding will be published with the presentations should notify the contact methyl ester as a general use sweetener. regulation in the Federal Register in person before March 23, 1999, and Monsanto proposes that this additive be accordance with 21 CFR 25.40(c). submit a brief statement of the general identified as neotame. Dated: January 28, 1999. nature of the evidence or arguments they wish to present, the names and DATES: Written comments on the Laura M. Tarantino, petitioner’s environmental assessment addresses of proposed participants, and Acting Director, Office of Premarket an indication of the approximate time by April 10, 1999. Approval, Center for Food Safety and Applied requested to make their presentation. In ADDRESSES: Submit written comments Nutrition. addition, an open public session will be to the Dockets Management Branch [FR Doc. 99–2851 Filed 2–5–99; 8:45 am] conducted after the scientific (HFA–305), Food and Drug BILLING CODE 4160±01±F Administration, 5630 Fishers Lane, rm. presentations. Notice of this meeting is given under 1061, Rockville, MD 20852. DEPARTMENT OF HEALTH AND the Federal Advisory Committee Act (5 FOR FURTHER INFORMATION CONTACT: U.S.C. app. 2). Blondell Anderson, Center for Food HUMAN SERVICES Dated: January 26, 1999. Safety and Applied Nutrition (HFS– Food and Drug Administration 206), Food and Drug Administration, Michael A. Friedman, Deputy Commissioner for Operations. 200 C St. SW., Washington, DC 20204, Endocrinologic and Metabolic Drugs 202–418–3106. Advisory Committee; Notice of Meeting [FR Doc. 99–2852 Filed 2–5–99; 8:45 am] SUPPLEMENTARY INFORMATION: Under the BILLING CODE 4160±01±F Federal Food, Drug, and Cosmetic Act AGENCY: Food and Drug Administration, (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), HHS. notice is given that a food additive ACTION: Notice. DEPARTMENT OF HEALTH AND petition (FAP 9A4643) has been filed by HUMAN SERVICES This notice announces a forthcoming Monsanto Co., 5200 Old Orchard Rd., meeting of a public advisory committee Food and Drug Administration Skokie, IL 60077. The petition proposes of the Food and Drug Administration to amend the food additive regulations [Docket No. 98D±1165] (FDA). The meeting is open to the in part 172 Food Additives Permitted for public. Direct Addition to Food for Human Draft Guidance for the Content of Name of Committee: Endocrinologic Premarket Notifications (510(k)'s) for Consumption to provide for the safe use and Metabolic Drugs Advisory of N-[N-(3,3-dimethylbutyl)-L-α- Extracorporeal Shock Wave Committee. Lithotripters Indicated for the aspartyl]-L-phenylalanine 1-methyl ester General Function of the Committee: as a general use sweetener. Monsanto Fragmentation of Kidney and Ureteral To provide advice and Calculi; Availability proposes the sweetener be identified as recommendations to the agency on neotame. FDA’s regulatory issues. AGENCY: Food and Drug Administration, The potential environmental impact Date and Time: The meeting will be HHS. of this action is being reviewed. To held on March 26, 1999, 8 a.m. to 5 p.m. ACTION: Notice. encourage public participation Location: Holiday Inn, Versailles consistent with regulations promulgated Ballrooms I and II, 8120 Wisconsin SUMMARY: The Food and Drug under the National Environmental Ave., Bethesda, MD. Administration (FDA) is announcing the Policy Act (40 CFR 1501.4(b)), the Contact Person: Kathleen R. Reedy or availability of the draft guidance agency is placing the environmental LaNise S. Giles, Center for Drug entitled ‘‘Guidance for the Content of Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6101

Premarket Notifications (510(k)s) for I. Background III. Electronic Access Extracorporeal Shock Wave Lithotripters Indicated for the Extracorporeal shock wave In order to receive ‘‘Guidance for the Fragmentation of Kidney and Ureteral lithotripters for the fragmentation of Content of Premarket Notifications Calculi.’’ This guidance is neither final kidney and ureteral calculi are currently (510(k)s) for Extracorporeal Shock Wave nor is it in effect at this time. This draft postamendments class III devices, Lithotripters Indicated for the guidance describes the types of requiring either an approved premarket Fragmentation of Kidney and Ureteral information that should be submitted in approval (PMA) application or declared Calculi’’ via your fax machine, call the a premarket notification to support a complete product development protocol CDRH Facts-On-Demand (FOD) system decision of substantial equivalence for (PDP) prior to commercial distribution at 800–899–0381 or 301–827–0111 from an extracorporeal shock wave in the United States. Elsewhere in this a touch-tone telephone. At the first lithotripter indicated for the issue of the Federal Register, FDA is voice prompt press 1 to access DSMA fragmentation of kidney and ureteral publishing a proposed rule to reclassify Facts, at second voice prompt press 2, calculi, including potential special extracorporeal shock wave lithotripters and then enter the document number controls. Although renal and ureteral from class III into class II (special (1226) followed by the pound sign (#). extracorporeal shock wave lithotripters controls). To facilitate the proposed Then follow the remaining voice are currently classified into class III reclassification, FDA has prepared the prompts to complete your request. draft guidance entitled ‘‘Guidance for (premarket approval), elsewhere in this Persons interested in obtaining a copy issue of the Federal Register, FDA is the Content of Premarket Notifications of the draft guidance may also do so publishing a proposed rule to reclassify (510(k)s) for Extracorporeal Shock Wave using the World Wide Web (WWW). these devices to class II (special Lithotripters Indicated for the CDRH maintains an entry on the WWW controls). It is anticipated that this draft Fragmentation of Kidney and Ureteral for easy access to information including guidance will become effective if/when Calculi.’’ This draft guidance describes text, graphics, and files that may be a final rule regarding this the special controls that FDA is reclassification has been issued. including in the proposed rule, and it downloaded to a personal computer with access to the WWW. Updated on DATES: Written comments concerning also provides general guidance to industry on the content of premarket a regular basis, the CDRH home page this draft guidance must be received by includes ‘‘Guidance for the Content of May 10, 1999. notifications for these devices. Premarket Notifications (510(k)s) for A meeting of the Gastroenterology and ADDRESSES: See the SUPPLEMENTARY Extracorporeal Shock Wave Urology Devices Advisory Panel of the INFORMATION section for information Lithotripters Indicated for the Medical Devices Advisory Committee on electronic access to the draft Fragmentation of Kidney and Ureteral was held on July 30, 1998, to seek its guidance. Submit written requests for Calculi,’’ device safety alerts, Federal recommendations on this proposed single copies on a 3.5’’ diskette of the Register reprints, information on draft guidance document entitled reclassification, including advice on special controls and the content of premarket submissions (including lists ‘‘Guidance for the Content of Premarket of approved applications and Notifications (510(k)s) for premarket notifications. The panel unanimously voted to reclassify the manufacturers’ addresses), small Extracorporeal Shock Wave manufacturers’ assistance, information Lithotripters Indicated for the extracorporeal shock wave lithotripter on video conferencing and electronic Fragmentation of Kidney and Ureteral for the fragmentation of renal and submissions, mammography matters, Calculi’’ to the Division of Small ureteral stones into class II. Comments and other device-oriented information. Manufacturers Assistance (HFZ–220), from the panel have been incorporated Center for Devices and Radiological into this draft guidance document. IV. Comments Health, Food and Drug Administration, II. Significance of Guidance 1350 Piccard Dr., Rockville, MD 20850. Interested persons may, on or before Send two self-addressed adhesive labels This draft guidance document May 10, 1999, submit to Dockets to assist that office in processing your represents the agency’s current thinking Management Branch (address above) request, or fax your request to 301–443– on the reclassification of extracorporeal written comments regarding this draft 8818. shock wave lithotripters indicated for guidance. Two copies of any comments Written comments concerning this the fragmentation of kidney and ureteral are to be submitted, except that draft guidance must be submitted to the calculi. It does not create or confer any individuals may submit one copy. Dockets Management Branch, (HFA– rights for or on any person and does not Comments are to be identified with the 305), Food and Drug Administration, operate to bind FDA or the public. An docket number found in brackets in the rm. 1061, 5630 Fishers Lane, Rockville, alternative approach may be used if heading of this document. The guidance MD 20852. Comments should be such approach satisfies the applicable document and received comments may identified with the docket number statute, regulations, or both. be seen in the Dockets Management found in brackets in the heading of this The agency has adopted Good Branch between 9 a.m. and 4 p.m., document. Guidance Practices (GGP’s), which set Monday through Friday. FOR FURTHER INFORMATION CONTACT: John forth the agency’s policies and Dated: January 21, 1999. H. Baxley, Center for Devices and procedures for the development, Linda S. Kahn, Radiological Health (HFZ–470), Food issuance, and use of guidance Deputy Director for Regulations Policy, and Drug Administration, 9200 documents (62 FR 8961, February 27, Corporate Blvd., Rockville, MD 20850, 1997). This draft guidance document is Center for Devices and Radiological Health. 301–594–2194. issued as a Level 1 guidance consistent [FR Doc. 99–2690 Filed 2–5–99; 8:45 am] SUPPLEMENTARY INFORMATION: with GGP’s. BILLING CODE 4160±01±F 6102 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DEPARTMENT OF HEALTH AND many other public and academic II. Purpose of This Notice HUMAN SERVICES libraries throughout the country that We are issuing this notice to provide receive the Federal Register. notification to States, Commonwealths, Health Care Financing Administration This Federal Register document is and Territories of the reserved [HCFA±2014±N] also available from the Federal Register allotments that will be available to them online database through GPO Access, a for FY 1999, and also to provide RIN 0938±AI64 service of the U.S. Government Printing notification of revised State CHIP Office. Free public access is available on State Children's Health Insurance reserved allotments for FY 1998 (that a Wide Area Information Server (WAIS) were originally published in the Federal Program; Reserved Allotments to through the Internet and via States for Fiscal Year 1999 and Register on September 12, 1997), for asynchronous dial-in. Internet users can child health insurance expenditures if Revised Reserved Allotments to States access the database by using the World for Fiscal Year 1998 they have an approved State child Wide Web; the Superintendent of health plan under title XXI of the Act, AGENCY: Health Care Financing Documents home page address is http:/ l or to claim an enhanced Federal Administration (HCFA), HHS. /www.access.gpo.gov/su docs/, by medical assistance percentage (FMAP) using local WAIS client software, or by ACTION: Notice. rate for certain CHIP-related Medicaid telnet to swais.access.gpo.gov, then expenditures under title XIX of the Act. SUMMARY: This notice provides login as guest (no password required). States, Commonwealths, and Territories notification of the reserved fiscal year Dial-in users should use may submit State child health plans to (FY) 1999 State allotments available to communications software and modem HCFA for approval, to be effective as provide Federal funding to individual to call (202) 512–1661; type swais, then early as October 1, 1997. We believe that States, Commonwealths, and Territories login as guest (no password required). this notification at the beginning of a for expenditures in the new State FOR FURTHER INFORMATION CONTACT: fiscal year is necessary to enable States, Children’s Health Insurance Program Richard Strauss, (410) 786–2019. Commonwealths, and Territories to (CHIP) established under title XXI of the SUPPLEMENTARY INFORMATION: conduct advance planning and Social Security Act (the Act). This budgeting for title XXI and CHIP-related I. General Background on New notice also provides revised reserved title XIX programs. Legislation State CHIP FY 1998 allotments, which Section 2104(b) of the Act indicates were originally published in the Federal Section 4901 of the Balanced Budget that ‘‘the Secretary shall allot to each Register on September 12, 1997. The Act of 1997 (BBA), Pub. L. 105–33, as State * * * with a State child health notice describes the methodology and amended by Pub. L. 105–100, added plan approved under this title.’’ This process that HCFA uses to determine title XXI to the Social Security Act (the language requires States to have an the reserved State CHIP allotments in Act), which was further amended by approved State child health plan for the accordance with section 2104 of the Act. Pub. L. 105–174. Title XXI authorized a fiscal year in order for the Secretary to These reserved State CHIP allotments new State Children’s Health Insurance provide an allotment to that State for are estimates of States’ FY 1998 and FY Program (CHIP) to assist State efforts to that fiscal year. If a State does not have 1999 title XXI allotments, assuming that initiate and expand child health an approved State child health plan for each State were to submit, and receive assistance to uninsured, low-income that fiscal year, the amount of that approval for, a State child health plan. children. Child health assistance is State’s reserved allotment could be Under title XXI the amount of State’s provided primarily for obtaining health unavailable to that State and could be allotments for a fiscal year is available benefits coverage through (1) obtaining allotted to States with approved child for 3 years for States with approved coverage that meets requirements health plans. child health plans. specified in the law under section 2103 Pub. L. 105–174, enacted on May 1, Established by section 4901 of the of the Act; or (2) expanding coverage 1998, provides that for purposes of the Balanced Budget Act of 1997 (Pub. L. under the State’s Medicaid plan under calculation of allotments, a State child 105–33), the State Children’s Health title XIX of the Act; or (3) a combination health plan approved by HCFA on or Insurance Program provides Federal of both. after October 1, 1998, and before matching funds to States to initiate and In order to be eligible for Federal October 1, 1999, must be treated as expand health insurance coverage to matching funds under the CHIP, States having been approved for both FY 1998 uninsured, low-income children. must submit to the Secretary, and and FY 1999. However, a State’s Copies: To order copies of the Federal receive approval for, a State child health allotment for a fiscal year may only be Register containing this document, send plan that describes how the State used for CHIP and CHIP-related your request to: New Orders, intends to use the funds provided under Medicaid expenditures that are Superintendent of Documents, P.O. Box title XXI. The plan must meet certain allowable under the approved State 37194, Pittsburgh, PA 15250–7954. criteria specified in the statute, which child health plan or the Medicaid State Specify the date of the issue requested include benefit packages, eligibility plan. Federal financial participation and enclose a check or money order standards and methodologies, coverage (FFP) would not be available for payable to the Superintendent of requirements, basic and additional expenditures made in and claimed for Documents, or enclose your Visa or services offered, strategic objectives and periods before the effective date of the Master Card number and expiration performance goals, plan administration, approved State child health plan or the date. Credit card orders can also be and evaluations. Medicaid State plan. placed by calling the order desk at (202) The law limits the total amount of The reserved allotments for FY 1998 512–1800 or by faxing to (202) 512– Federal funds for the State Children’s and FY 1999 in this notice were 2250. The cost for each copy is $8.00. Health Insurance Program and specifies determined by application of the As an alternative, you can view and the formula that is to be used to formula specified in title XXI of the Act photocopy the Federal Register determine an allotment for each State and described in detail in section III of document at most libraries designated from this total amount, as described this notice. Section 707 of the Act as Federal Depository Libraries and at under section III of this notice. Making Appropriations for the Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6103

Departments of Labor, Health and Survey (CPS), and to incorporate an FY 1999 was determined in accordance Human Services and Education, and increase in the title XXI appropriation, with the following formula: Related Agencies for the Fiscal Year applicable only to FY 1998, as enacted ATA = S2104(a)¥T2104(c)¥D4921¥D4922 ending September 30, 1999, and For by Pub. L. 105–100 on November 19, ATA = Total amount available for Other Purposes (‘‘1999 Appropriations 1997. allotment to the 50 States and the Act’’), as enacted by section 101(f) of In accordance with section 707 of the District of Columbia for the fiscal Pub. L. 105–277, requires that the FY 1999 Appropriations Act, as enacted by year. 1999 reserved State CHIP allotments be section 101(f) of Pub. L. 105–277, the FY S2104(a) = Total appropriation for the determined using the same data used in 1999 allotments contained in this notice fiscal year indicated in section determining the revised FY 1998 State were determined using the same data 2104(a)of the Act. For FY 1998, this CHIP allotments. The effect of this that were used in determining the is $4,295,000,000. For FY 1999, this statutory change is to distribute the total revised reserved FY 1998 State CHIP is $4,275,000,000. funds available for FY 1999 among the allotments. T2104(c) = Total amount available for 50 States and the District of Columbia We have applied the statutory formula allotment for the Commonwealths in the same proportions as the total specified in section 2104 of the Act in and Territories; determined under funds were distributed for FY 1998. determining the reserved allotments for section 2104(c) of the Act as 0.25 However, because the total funds FY 1998 and FY 1999, as discussed percent of the total appropriation available nationally for allotment to the below. for the 50 States and the District of States and the District of Columbia for Section 2104(a) of title XXI provides Columbia. FY 1999 is $19,950,000 million lower that, for purposes of providing For FY 1998, this is: allotments to the 50 States and the than the total funds available nationally .0025 × $4,295,000,000 = $10,737,500 District of Columbia, the following for FY 1998, the actual FY 1999 For FY 1999, this is: amounts are appropriated: $4.295 reserved allotments for each State and .0025 × $4,275,000,000 = $10,687,500 the District of Columbia is slightly lower billion for FY 1998; $4.275 billion for D4921 = Amount of grant for research each FY 1999 through 2001; $3.150 than each State’s FY 1998 reserved regarding Type I Diabetes under billion for each FY 2002 through 2004; allotment. Final allotments for each section 4921 of Pub. L. 105–33. This $4.050 billion for each FY 2005 through State will be determined in accordance is $30,000,000 for FYs 1998 through with statutory requirements. We plan to 2006 and $5 billion for FY 2007. However, under section 2104(c) of the 2002. issue a notice of proposed rulemaking as D4922 = Amount of grant for diabetes Act, 0.25 percent of the total amount soon as possible on the requirements for programs for Indians under section appropriated each year is available for the allotment and payment process 4922 of Pub. L. 105–33. This is allotment to the Territories and under title XXI. Although final $30,000,000 for FYs 1998 through Commonwealths of Puerto Rico, Guam, allotments have not been determined, 2002. the Virgin Islands, American Samoa, under section 2105(e) of the Act, we For FY 1998, the total amount have authority to make ongoing and the Northern Mariana Islands. available for allotment to the 50 States payments based on advance estimates of Furthermore, for FY 1999, an additional and the District of Columbia is allowable expenditures. At this time, we $32 million was appropriated for $4,224,262,500. This was determined as intend to make advance payments to allotment only to the Territories and follows: States with approved child health plans Commonwealths under section 706 of based on these reserved allotments. the 1999 Appropriations Act, as enacted ATA($4,224,262,500) = Issues related to the allotment and by section 101(f) of Pub. L. 105–277. S2104(a)($4,295,000,000)¥ ( ) ¥ payment process, however, will be open This newly appropriated $32 million for T2104 c ($10,737,500) D4921 ¥ for public comment as part of the the Commonwealths and Territories for ($30,000,000) D4922($30,000,000) rulemaking process. FY 1999 does not reduce the previous FY 1999 CHIP appropriation ($4.275 For FY 1999, the total amount III. Methodology for Determining billion) and is in addition to 0.25 available for allotment to the 50 States Reserved Allotments for States, percent of the total annual appropriated and the District of Columbia is Commonwealths, and Territories discussed above. The total amounts are $4,204,312,500. This was determined as This notice specifies in Tables I and allotted to the Commonwealths and the follows: II under section IV the revised reserved Territories according to the following ATA($4,204,312,500) = FY 1998 allotments, and the reserved percentages: Puerto Rico, 91.6 percent; S2104(a)($4,275,000,000)¥ FY 1999 allotments, respectively, that Guam, 3.5 percent; the Virgin Islands, T2104(c)($10,687,500)¥D4921 would be available to individual States, 2.6 percent; American Samoa, 1.2 ($30,000,000)¥ Commonwealths, and Territories for percent; and the Northern Mariana D4922($30,000,000) child health assistance expenditures Islands, 1.1 percent. The total amount available for under approved State child health Further, under sections 4921 and allotment to the 50 States and the plans, assuming that each State, 4922 of Public Law 105–33, the total District of Columbia is allotted to each Commonwealth, or Territory qualifies allotment available to the 50 States and State with a child health plan approved for such an allotment. The reserved FY the District of Columbia is reduced by under title XXI based on the formula 1998 allotments were originally an additional total of $60,000,000; indicated at section 2104(b)(1) of the published in the Federal Register on $30,000,000 each for a special diabetes Act. The fiscal year allotment for each September 12, 1997. As discussed research program for Type I diabetes State with an approved child health below, the FY 1998 reserved allotments and special diabetes programs for plan is determined on the basis of the have been recalculated to reflect the Indians. The diabetes programs are product of two factors, the Number of way the Bureau of the Census compiles funded from FYs 1998 through 2002 Children and the State Cost Factor, for reported data on the number of low- only. each State divided by the sum of these income children in each State who have Therefore, the total amount of the products over all States. no health insurance in the March allotment available for the 50 States and For FYs 1998 through 2000, the first supplements to the Current Population the District of Columbia for FY 1998 and factor, the Number of Children, is based 6104 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices only on the total number of low-income, However, HCFA is incorporating a Labor. For the FY 1998 reserved uninsured children in the State with FY correction made by the Bureau of allotments, we used the final State Cost 1999 being the only exception, as Census to more accurately reflect Factor data for each of the most recent discussed above. For FY 2001 only, the underlying reported CPS data. The 3 years before the beginning of the fiscal Number of Children is calculated as the Bureau of Census recognized that the year, through August 31, 1997 available sum of 75 percent of the low-income, data collected and reported on the from BLS. For the FY 1999 reserved uninsured children in the State, and 25 numbers of children in the March allotments, we used the same final State percent of the number of low-income Supplements to the CPS were not Cost Factor data available from BLS for children in the State. For FY 2002 and accurately reflected in the compilation 1993, 1994, and 1995, as used in succeeding years through FY 2007, the provided to HCFA for the September 12, calculating the FY 1998 reserved Number of Children is calculated as the 1997, calculation of the FY 1998 allotments. sum of 50 percent of the low-income, reserved allotments. In particular, The average of wages per employee uninsured children in the State, and 50 children who had access to services for the 50 States and the District of percent of the number of low-income in through the Indian Health Service (IHS), Columbia was calculated by HCFA the State. but no other health insurance coverage, directly from the State-specific data for The Number of Children for each were identified in the compiled number each State provided by the BLS. This State is developed by the Bureau of the of children as having health insurance was necessary because BLS suppressed Census based on the standard coverage. The Bureau of Census has certain State-specific data in providing methodology used to determine official adjusted the compiled numbers of HCFA with the State-specific average poverty status and uninsured status in children to reflect the fact that the data wages per health services industry their annual CPS on these topics. As shows that these children do not employee. BLS is required to suppress part of a continuing formal process actually have health insurance coverage. such data under the Privacy Act. The between HCFA and the Bureau of the In light of this adjustment to more State Cost Factor is determined based on Census, each fiscal year HCFA obtains accurately reflect reported CPS data, we the calculation of the ratio of each the Number of Children data officially have recalculated and are republishing State’s average annual wages in the from the Bureau of the Census. in this notice the FY 1998 reserved health industry to the National average In determining the FY 1998 reserved allotments. This is consistent with the annual wages in the health care allotments, as were originally published express incorporation of this Bureau of industry. In order for such National in the Federal Register on September Census adjustment into the fiscal year average to appropriately reflect the 12, 1997, the Number of Children for 1999 allotment calculation under Public State-specific suppressed data, HCFA each State (provided in thousands) was Law 105–277. calculated the National average wages determined and provided by the Bureau In accordance with section 707 of the directly from the State-specific data of the Census based on the arithmetic 1999 Appropriations Act, as enacted by provided by BLS. As part of a average of the number of low-income section 101(f) of Pub. L. 105–277, the FY continuing formal process between children and low-income children with 1999 reserved allotments are based on HCFA and the BLS, each fiscal year no health insurance as calculated from the same data as the revised FY 1998 HCFA will obtain these wage data the three most recent March reserved allotments. Specifically, for FY officially from the BLS. supplements to the CPS before the 1999, the Number of Children for each Under section 2104(b)(4) of the Act beginning of FY 1998. That is, we used State (provided in thousands) was each of the 50 States and the District of the most recent official data that were determined and provided by the Bureau Columbia will receive a minimum available from the Bureau of the Census of the Census based on the arithmetic allotment of $2 million. Under this and Bureau of Labor Statistics, average of the number of low-income provision, to the extent any State’s respectively, before September 1, 1997 children and low-income children with allotment is increased to $2,000,000 (that is, through August 31, 1997). no health insurance as calculated from from a lower amount that would In particular, through August 31, the 1994, 1995, and 1996 March otherwise have been allotted to the 1997, the only official data available supplements to the CPS, as adjusted in State, the allotments to other States and from the Bureau of the Census on the August 1998. Since the FY 1999 the District and Columbia must be numbers of children were data from the reserved allotments are based on the reduced in a ‘‘pro rata manner’’ (but not 3 March CPSs conducted in March same data as the revised FY 1998 below $2,000,000) so that the total 1994, 1995, and 1996 that reflected data reserved allotments, the data reflect the amount available for allotment to all for the 3 calendar years 1993, 1994, and updated method for accounting for States does not exceed the amount 1995. In calculating the FY 1998 individuals’ access to IHS facilities and previously available. For FY 1998 and reserved allotments, we did not use the services. FY 1999, no State’s reserved allotment Bureau of the Census data from the The second factor, the State Cost is below $2,000,000; therefore, no pro March 1997 CPS because those data Factor, is based on annual average rata adjustment was necessary. were not official and available until a wages in the health services industry in Following is an explanation of how later date, after September 1, 1997. If we the State. The State Cost Factor for a HCFA applied the two State-related waited for the official data available State is equal to the sum of: .15, and .85 factors specified in the statute to from the Bureau of the Census through multiplied by the ratio of the annual determine the States’ child health plan September 30, 1997, we would have had average wages in the health industry per reserved allotments for FY 1998 and FY to delay publication of the FY 1998 employee for the State to the annual 1999. The formula for determining each reserved CHIP allotments until after the wages per employee in the health State’s reserved allotment for FY 1998 beginning of FY 1998. Since this was a industry for the 50 States and the and FY 1999 of the total available new program, we believed that for the District of Columbia. The State Cost allotment is: first year States needed to be able to Factor for each State was calculated plan in advance. based on such wage data for each State ()C× SCF SA = i i × A HCFA did not modify or adjust the as reported, determined, and provided i ()× TA Bureau of Census compilation of CPS to HCFA by the Bureau of Labor ∑ Ci SCF i data on the number of children. Statistics (BLS) in the Department of SAi = Allotment for a State. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6105

Ci = Number of Children. This is the to establish a process for redistribution Commonwealths and Territories, number of certain low-income of the amounts of States’ allotments that regardless of whether every State, children in a State as officially are not expended during the 3-year Commonwealth, or Territory has reported, defined, and provided to period to States that have fully submitted and the Secretary has HCFA by the Bureau of the Census. expended their allotments. HCFA will approved a State child health plan. This For FY 1998 and FY 1999, this is soon issue a proposed rule that will will provide States with the flexibility the number of children under age address the redistribution process and and time to develop their programs and 19 with no health insurance whose propose to incorporate the process in submit their State child health plans. family income is at or below 200 Federal regulations. • The formula for ‘‘reserving’’ an percent of the poverty line for a In accordance with section 2104(b) allotment amount for each State will be family of the same size. (section and (c) of the Act, the total allotment for the same as the formula contained at 2104(b)(2)(B)) all States for each fiscal year is available section 2104(b) of the Act (with the only SCFi = The State cost factor for a State to the 50 States and District of qualification being for FY 1999, as (section 2104(b)(1)(A)(ii)). This is Columbia, the Commonwealths, and the discussed above). The reserved amount equal to: Territories. Although the statute × is an estimate of the State’s title XXI .15 + .85 (Wi/WN) (section precludes the Secretary from making an 2104(b)(3)(A)). allotment to a specific State until it has allotment upon submission and Wi = Certain annual average wages per an approved State child health plan, approval of the State’s child health plan. health industry employee for a because of the statutory provisions for • Under sections 2101(b)(2) and State. redistribution of unused amounts of 2105(a) of the Act, no payment of WN = Certain annual wages per health allotments, the availability of allotments Federal funds from a State’s allotment is industry employee for the 50 States for 3 years, and the potential for available for expenditures under a and the District of Columbia. retroactive effective dates of State child State’s title XXI program unless the The annual wages per employee for a health plans back to October 1, 1997, we State has an approved State child health State or for all States for a fiscal year is believe it is necessary to establish and plan. Therefore, States may be at risk for equal to the average of such wages for publish these reserved allotment expenditures made under a title XXI employees in the health industry, as amounts for each fiscal year so that child health plan that is submitted, but reported by the Bureau of Labor States can plan appropriately for the not yet approved. Statistics of the Department of Labor. operation of their State children’s health Section 706 of the 1999 ∑(Ci × SCFi) = The sum of the products insurance programs under title XXI, Appropriations Act, as enacted by of Ci × SCFi for each State (section effective as early as October 1, 1997. No section 101(f) of Pub. L. 105–277, 2104(b)(1)(B)). payments may be made from these provided for FY 1999 only, an ATA = Total amount available for allotments until a State has an approved additional $32 million available for allotment to all States for the fiscal State child health plan under title XXI. allotment only to the Commonwealths year. For FY 1998, this is In developing the reserved allotment and Territories. Therefore, the total $4,224,262,500. For FY 1999, this is amounts for FY 1998 and FY 1999, we available allotment to the $4,204,312,500. applied the following principles, for Commonwealths and Territories in FY Section 2104(e) of the Act requires which we will be inviting public 1999 is $42,687,500 (that is, $32,000,000 that the amount of a State’s allotment comment during the rulemaking plus $10,687,500 (.25 percent of the FY for a fiscal year be available to the State process. 1999 appropriation of $4,275,000,000)). for a total of 3 years, the fiscal year for • For each fiscal year for FYs 1998 which the State child health plan is through 2007, an allotment amount will IV. Table of Reserved State Children’s approved and 2 years following. Section be reserved for all 50 States and the Health Insurance Program Allotments 2104(f) of the Act requires the Secretary District of Columbia and for the for FY 1998 and FY 1999

KEY TO TABLES I AND II

Column Description

Column A = Name of State, Commonwealth, or Territory. Column B = Number of Children. The Number of Children for each State (provided in thousands) was determined and provided by the Bureau of the Census based on the arithmetic average of the number of low-income children and low-income children with no health insurance as calculated from the 1994, 1995, and 1996 March supplements to the Current Population Survey, as adjusted in August 1998. These data represent the number of people in each State under 19 years of age whose family income is at or below 200 percent of the poverty threshold appropriate for that family, and who are reported to be not covered by health insurance. The Number of Children for each State was developed by the Bureau of the Census based on the standard methodology used to determine official poverty status and uninsured status in their annual Current Population Surveys on these topics. For FYs 1998 through 2000, the Number of Children is equal to the number of low-income children in each State with no health insurance for the fiscal year. For FY 2001, the Number of Children is equal to the sum of 75 percent of the number of low-income children in the State with no health insurance and 25 percent of the number of low-income children in the State. This is also based on a 3-year average of Census data. For FY 2002 and succeeding years, the Number of Children is equal to the sum of 50 percent of the number of low-income children in the State with no health insurance and 50 percent of the number of low-income children in the State. This is also based on a 3-year average of Census data. Column C = State Cost Factor. The State Cost Factor for a State is equal to the sum of: .15, and .85 multiplied by the ratio of the annual average wages in the health industry per employee for the State to the annual wages per employee in the health industry for the 50 States and the District of Columbia. The State Cost Factor for each State was calculated based on such wage data for each State as reported, determined, and provided to HCFA by the BLS in the Department of Labor for 1993, 1994, and 1995. 6106 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

KEY TO TABLES I AND IIÐContinued

Column Description

Column D = Product. The Product for each State was calculated by multiplying the Number of Children in Column B by the State Cost Factor in Column C. The sum of the Products for all 50 States and the District of Columbia is below the Products for each State in Column D. The Product for each State and the sum of the Products for all States provides the basis for allotment to States. Column E = Percent Share of Total. This is the calculated percentage share for each State of the total allotment available to the 50 States and the District of Columbia. The Percent Share of Total is calculated as the ratio of the Product for each State in Column D to the sum of the products for all 50 States and the District of Columbia below the Products for each State in Column D. Column F = Allotment. This is the State Child Health Program allotment for each State, Commonwealth, or Territory. For each of the 50 States and the District of Columbia, this is determined as the Percent Share of Total in Column E for the State multiplied by the total amount available for allotment for the 50 States and the District of Columbia for the fiscal year. For each of the Commonwealths and Territories, the allotment is determined as the Percent Share of Total in Column E multiplied by the total amount available for allotment to the Commonwealths and Territories. For the Commonwealths and Territories, the Percent Share of Total in Column E is specified in section 2104(c) of the Act. For FY 1999, the Commonwealth and Territories were allotted an additional $32 million, which is added to the total allotment available to the territories for FY 1999 determined by the formula described above. The total amount is then allotted to the Commonwealths and Territories according to the percentages specified in section 2104 of the Act.

STATE CHILDREN'S HEALTH INSURANCE PROGRAM RESERVED ALLOTMENTS FOR FISCAL YEAR: 1998

Number of Percent State cost 1 State children factor Product share of Allotment (000) totals 3

(A) (B) (C) (D) (E) (F)

ALABAMA ...... 154 0.9510 146.46 2.04 $85,975,213 ALASKA ...... 11 1.0669 11.74 0.16 6,889,296 ARIZONA ...... 190 1.0472 198.97 2.76 116,797,799 ARKANSAS ...... 92 0.8871 81.61 1.13 47,907,958 CALIFORNIA ...... 1,281 1.1365 1,455.92 20.23 854,644,807 COLORADO ...... 72 0.9888 71.19 0.99 41,790,547 CONNECTICUT ...... 53 1,1237 59.55 0.83 34,959,075 DELAWARE ...... 13 1.0553 13.72 0.19 8,053,463 DISTRICT OF COLUMBIA ...... 16 1.2857 20.57 0.29 12,076,002 FLORIDA ...... 444 1.0368 460.32 6.40 270,214,724 GEORGIA ...... 214 0.9923 212.36 2.95 124,660,136 HAWAII ...... 13 1.1722 15.24 0.21 8,945,304 IDAHO ...... 31 0.8726 27.05 0.38 15,879,707 ILLINOIS ...... 211 0.9892 208.73 2.90 122,528,573 INDIANA ...... 131 0.9169 120.12 1.67 70,512,432 IOWA ...... 67 0.8253 55.30 0.77 32,460,463 KANSAS ...... 60 0.8704 52.22 0.73 30,656,520 KENTUCKY ...... 93 0.9146 85.06 1.18 49,932,527 LOUISIANA ...... 194 0.8934 173.31 2.41 101,736,841 MAINE ...... 24 0.8863 21.27 0.30 12,486,977 MARYLAND ...... 100 1.0498 104.98 1.46 61,627,358 MASSACHSETTS ...... 69 1.0576 72.97 1.01 42,836,231 MICHIGAN ...... 156 1.0001 156.02 2.17 91,585,508 MINNESOTA ...... 50 0.9675 48.37 0.67 28,395,980 MISSISSIPPI ...... 110 0.8675 95.43 1.33 56,017,103 MISSOURI ...... 97 0.9075 88.03 1.22 51,673,123 MONTANA ...... 24 0.8333 20.00 0.28 11,740,395 NEBRASKA ...... 30 0.8440 25.32 0.35 14,862,926 NEVADA ...... 43 1.2046 51.80 0.72 30,407,067 NEW HAMPSHIRE ...... 20 0.9760 19.52 0.27 11,458,404 NEW JERSEY ...... 134 1.1241 150.62 2.09 88,417,899 NEW MEXICO ...... 117 0.9169 107.28 1.49 62,972,705 NEW YORK ...... 399 1.0914 435.47 6.05 255,626,409 NORTH CAROLINA ...... 138 0.9815 135.45 1.88 79,508,462 NORTH DAKOTA ...... 10 0.8587 8.59 0.12 5,040,741 OHIO ...... 205 0.9617 197.16 2.74 115,734,364 OKLAHOMA ...... 170 0.8588 145.99 2.03 85,699,061 OREGON ...... 67 0.9947 66.65 0.93 39,121,663 PENNSYLVANIA ...... 200 1.0005 200.9 2.78 117,456,521 RHODE ISLAND ...... 19 0.9580 18.20 0.25 10,684,422 SOUTH CAROLINA ...... 110 0.9843 108.27 1.50 63,557,819 SOUTH DAKOTA ...... 17 0.8559 14.55 0.20 8,541,224 TENNESSEE ...... 115 0.9799 112.69 1.57 66,153,082 TEXAS ...... 1,031 0.9275 956.25 13.29 561,331,521 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6107

STATE CHILDREN'S HEALTH INSURANCE PROGRAM RESERVED ALLOTMENTS FOR FISCAL YEAR: 1998ÐContinued

Number of Percent State cost 1 State children factor Product share of Allotment (000) totals 3

(A) (B) (C) (D) (E) (F)

UTAH ...... 46 0.8977 41.30 0.57 24,241,159 VERMONT ...... 7 0.8604 6.02 0.08 3,535,445 VIRGINIA ...... 118 0.9862 116.38 1.62 68,314,915 WASHINGTON ...... 85 0.9352 79.49 1.10 46,661,213 WEST VIRGINIA ...... 45 0.8937 40.21 0.56 23,606,744 WISCONSIN ...... 75 0.9229 69.22 0.96 40,633,039 WYOMING ...... 15 0.9858 13.14 0.18 7,711,638

TOTAL STATES ONLY ...... 7,196.17 100.00 4,224,262,500

ALLOTMENTS FOR COMMONWEALTHS AND TERRITORIES 2 PUERTO RICO ...... 91.60 9,835,550 GUAM ...... 3.50 375,813 VIRGIN ISLANDS ...... 2.60 279,175 AMERICA SAMOA ...... 1.20 128,850 N. MARIANA ISLANDS ...... 1.10 118.113

TOTAL COMMONWEALTHS AND TERRITORIES ONLY ...... 100.00 10,737,500

TOTAL STATES AND COMMONWEALTH AND TERRI- TORIES ...... 4,235,000,000 Footnotes: (1) Total amount available for allotment to the 50 States and the District of Columbia is $4,224,262,500; determined as the fiscal year appropriation ($4,295,000,000) reduced by the total amount available for allotment to the Commonwealths and Territories ($10,737,500) and amounts for Special Diabetes Grants ($60,000,000) under sections 4921 and 4922 of BBA. (2) Total amount available for allotment to the Commonwealths and Territories is $10,737,500; determined as .25 percent of the fiscal year appropriation ($4,295,000,000). (3) Percent share of total amount for allotment to the Commonwealths and Territories is as specified in section 2104(c) of the Social Security Act.

STATE CHILDREN'S HEALTH INSURANCE PROGRAM RESERVED ALLOTMENTS FOR FISCAL YEAR: 1999

Number of Percent State cost 1 State children factor Product share of Allotment (000) total 3

(A) (B) (C) (D) (E) (F)

ALABAMA ...... 154 0.9510 146.46 2.04 $85,569,176 ALASKA ...... 11 1.0669 11.74 0.16 6,856,760 ARIZONA ...... 190 1.0472 198.97 2.76 116,246,196 ARKANSAS ...... 92 0.8871 81.61 1.13 47,681,702 CALIFORNIA ...... 1,281 1.1365 1,455.92 20.23 850,608,561 COLORADO ...... 72 0.9888 71.19 0.99 41,593,182 CONNECTICUT ...... 53 1.1237 59.55 0.83 34,793,973 DELAWARE ...... 13 1.0553 13.72 0.19 8,015,429 DISTRICT OF COLUMBIA ...... 16 1.2857 20.57 0.29 12,018,971 FLORIDA ...... 444 1.0368 460.32 6.40 268,938,576 GEORGIA ...... 214 0.9923 212.36 2.95 124,071,402 HAWAII ...... 13 1.1722 15.24 0.21 8,903,057 IDAHO ...... 31 0.8726 27.05 0.38 15,804,712 ILLINOIS ...... 211 0.9892 208.73 2.90 121,949,905 INDIANA ...... 131 0.9169 120.12 1.67 70,179,422 IOWA ...... 67 0.8253 55.30 0.77 32,307,161 KANSAS ...... 60 0.8704 52.22 0.73 30,511,738 KENTUCKY ...... 93 0.9146 85.06 1.18 49,696,709 LOUISIANA ...... 194 0.8934 173.31 2.41 101,256,366 MAINE ...... 24 0.8863 21.27 0.30 12,428,004 MARYLAND ...... 100 1.0498 104.98 1.46 61,363,309 MASSACHUSETTS ...... 69 1.0576 72.97 1.01 42,633,928 MICHIGAN ...... 156 1.0001 156.02 2.17 91,152,976 MINNESOTA ...... 50 0.9675 48.37 0.67 28,261,873 MISSISSIPPI ...... 110 0.8675 95.43 1.33 55,752,550 MISSOURI ...... 97 0.9075 88.03 1.22 51,429,086 MONTANA ...... 24 0.8333 20.00 0.28 11,684,948 NEBRASKA ...... 30 0.8440 25.32 0.35 14,792,733 NEVADA ...... 43 1.2046 51.80 0.72 30,263,463 NEW HAMPSHIRE ...... 20 0.9760 19.52 0.27 11,404,289 NEW JERSEY ...... 134 1.1241 150.62 2.09 88,000,326 6108 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

STATE CHILDREN'S HEALTH INSURANCE PROGRAM RESERVED ALLOTMENTS FOR FISCAL YEAR: 1999ÐContinued

Number of Percent State cost 1 State children factor Product share of Allotment (000) total 3

(A) (B) (C) (D) (E) (F)

NEW MEXICO ...... 117 0.9169 107.28 1.49 62,675,303 NEW YORK ...... 399 1.0914 435.47 6.05 254,419,158 NORTH CAROLINA ...... 138 0.9815 135.45 1.88 79,132,966 NORTH DAKOTA ...... 10 0.8587 8.59 0.12 5,016,935 OHIO ...... 205 0.9617 197.16 2.74 115,187,783 OKLAHOMA ...... 170 0.8588 145.99 2.03 85,294,328 OREGON ...... 67 0.9947 66.65 0.93 38,936,902 PENNSYLVANIA ...... 200 1.0005 200.09 2.78 116,901,807 RHODE ISLAND ...... 19 0.9580 18.20 0.25 10,633,962 SOUTH CAROLINA ...... 110 0.9843 108.27 1.50 63,257,653 SOUTH DAKOTA ...... 17 0.8559 14.55 0.20 8,500,886 TENNESSEE ...... 115 0.9799 112.69 1.57 65,840,660 TEXAS ...... 1,031 0.9275 956.25 13.29 558,680,510 UTAH ...... 46 0.8977 41.30 0.57 24,126,675 VERMONT ...... 7 0.8604 6.02 0.08 3,518,748 VIRGINIA ...... 118 0.9862 116.38 1.62 67,992,282 WASHINGTON ...... 85 0.9352 79.49 1.10 46,440,845 WEST VIRGINIA ...... 45 0.8937 40.21 0.56 23,495,256 WISCONSIN ...... 75 0.9229 69.22 0.96 40,441,141 WYOMING ...... 15 0.8758 13.14 0.18 7,675,218

TOTAL STATES ONLY ...... 7,196.17 100.00 4,204,312,500

ALLOTMENTS FOR COMMONWEALTHS AND TERRITORIES:2 PUERTO RICO ...... 91.60 39,101,750 GUAM ...... 3.50 1,494,063 VIRGIN ISLANDS ...... 2.60 1,109,875 AMERICAN SAMOA ...... 1.20 512,250 N. MARIANA ISLANDS ...... 1.10 469,563

TOTAL COMMONWEALTHS AND TERRITORIES ONLY ...... 100.00 42,687,500

TOTAL STATES AND COMMONWEALTH AND TERRITORIES ...... 4,247,000,000 Footnotes: (1) Total amount available for allotment to the 50 States and the District of Columbia is $4,204,312,500; determined as the fiscal year appropriation ($4,275,000,000) reduced by the total amount available for allotment to the Commonwealths and Territories ($10,687,500) and amounts for Special Diabetes Grants ($60,000,000) under sections 4921 and 4922 of BBA. (2) Total amount available for allotment to the Commonwealths and Territories is $42,687,500; determined as $10,687,500 (.25 percent of $4,275,000,000, the fiscal year appropriation) plus $32,000,000. (3) Percent share of total amount available for allotment to the Commonwealths and Territories is as specified in section 2104(c) of the Social Security Act.

V. Impact Statement Health Insurance Program and the for implementation of the State Child assumption and methodology that Health Insurance Program if they HCFA has examined the impact of HCFA used to determine these reserved choose, beginning October 1, 1997. this notice as required by Executive allotments. The formula for State Order 12866. Executive Order 12866 In accordance with the provisions of directs agencies to assess all costs and allotments is specified in the statute. Executive Order 12866, this notice was benefits of available regulatory This notice by itself has no economic reviewed by the Office of Management alternatives and, when rules are impact. Final State CHIP allotments for and Budget. each State will be calculated using the necessary, to select regulatory (Section 1102 of the Social Security Act (42 approaches that maximize net benefits statutory formula and may vary from U.S.C. 1302) these reserved amounts depending upon (including potential economic (Catalog of Federal Domestic Assistance the number of States that submit environments, public health and safety, Program No. 00.000, State Children’s Health other advantages, distributive impacts, approved State plans under title XXI. Insurance Program) (As noted above, the allotment process and equity). We believe that this notice Dated: December 18, 1998. will be set forth in more detail in future is consistent with the regulatory Nancy Ann Min DeParle, philosophy and principles identified in rulemaking.) Administrator, Health Care Financing the Executive Order. We believe this notice will have an Administration. This notice merely provides overall positive impact by informing notification of the reserved FY 1998 and States of the extent to which they will Dated: January 5, 1999. FY 1999 State CHIP allotments available be permitted to expend funds under Donna E. Shalala, to provide Federal funding to individual approved State child health plans in FY Secretary. States, Commonwealths, and Territories 1998 and FY 1999. States will be able [FR Doc. 99–2859 Filed 2–5–99; 8:45 am] for expenditures in the new Children’s to conduct advance planning necessary BILLING CODE 4120±01±P Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6109

DEPARTMENT OF HEALTH AND Contact Person: Christine Melchior, Place: Embassy Suites Chevy Chase HUMAN SERVICES Scientific Review Administrator, Center for Pavilion, 4300 Military Road, NW, Scientific Review, National Institutes of Washinton, DC 20015. National Institutes of Health Health, 6701 Rockledge Drive, Room 4102, Contact Person: Anita Miller-Sostek, MSC 7816, (301) 435–1713. Scientific Review Administrator, Center for Center for Scientific Review; Notice of This notice is being published less than 15 Scientific Review, National Institutes of Closed Meetings days prior to the meeting due to the timing Health, 6701 Rocklege Drive, Room, 5202, limitations imposed by the review and MSC 7848, Bethesda, MD 20892, (301) 435– Pursuant to section 10(d) of the funding cycle. 1260. Federal Advisory Committee Act, as This notice is being published less than 15 Name of Committee: Cell Development and days prior to the meeting due to the timing amended (5 U.S.C. Appendix 2), notice Function Initial Review Group, Human limitations imposed by the review and is hereby given of the following Embryology and Development Subcommittee funding cycle. 2. meetings. Name of Committee: Center for Scientific Date: February 11–12, 1999. The meetings will be closed to the Review Special Emphasis Panel. public in accordance with the Time: 8:00 am to 5:00 pm. Date: February 11, 1999. provisions set forth in sections Agenda: To review and evaluate grant Time: 10:00 am to 12:00 pm. 552b)(c)(4) and 552b(c)(6), Title 5 U.S.C. applications. Agenda: To review and evaluate grant Place: Holiday Inn, 5520 Wisconsin as amended. The grant applications applications. Avenue, Chevy Chase, MD 20815. Place: NIH, Rockledge 2, Bethesda, MD and/or contract proposals and the Contact Person: Sherry L. Dupere, discussions could disclose confidential 20892, (Telephone Conference Call). Scientific Review Administrator, Center for Contact Person: Daniel B. Berch, Scientific trade secrets or commercial property Scientific Review, National Institutes of Review Administrator, Center for Scientific such as patentable material, and Health, 6701 Rockledge Drive, Room 5136, Review, National Institutes of Health, 6701 personal information concerning MSC 7840, Bethesda, MD 20892, (301) 435– Rockledge Drive, Room 3182, MSC 7848, individuals associated with the grant 1021. Bethesda, MD 20892, (301) 435–0902. applications and/or contract proposals, This notice is being published less than 15 This notice is being published less than 15 the disclosure of which would days prior to the meeting due to the timing days prior to the meeting due to the timing constitute a clearly unwarranted limitations imposed by the review and limitations imposed by the review and invasion of personal privacy. funding cycle. funding cycle. Name of Committee: Cell Development and Name of Committee: Infectious Diseases Name of Committee: Cardiovascular Function Initial Review Group, Molecular and Microbiology Initial Review Group, Sciences Initial Review Group Hematology Biology Study Section. Bacteriology and Mycology Subcommittee 2. Subcommittee 1. Date: Febuary 11–12, 1999. Date: February 11–12, 1999. Date: February 11–12, 1999. Time: 8:30 am to 5:00 pm. Time: 8:30 am to 5:00 pm. Time: 8:00 am to 5:00 pm. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. applications. Place: St. James Hotel, 950 24th Street Place: Holiday Inn, 5520 Wisconsin Ave, Place: Holiday Inn, Bethesda, MD 20814. N.W., Washington, DC 20037. Chevy Chase, MD 20815. Contact Person: Robert Su, Scientific Contact Person: Anthony Cater, Scientific Contact Person: William C. Branche, Review Administrator, Center for Scientific Review Administrartor, Center for Scientific Scientific Review Administrator, Center for Review, National Institutes of Health, 6701 Review, National Insititutes of Health, 6701 Scientific Review, National Institutes of Rockledge Drive, Room 4134, MSC 7802, Rockledge Drive, Room 5142, MSC 7840, Health, 6701 Rockledge Drive, Room 4182, Bethesda, MD 20892, (301) 435–1195. Bethesda, MD 20892, (301) 435–1024. MSC 7808, (301) 435–1148. This notice is being published less than 15 This notice is being published less than 15 days prior to the meeting due to the timing This notice is being published less than 15 days prior to the meeting due to the timing days prior to the meeting due to the timing limitations imposed by the review and limitations imposed by the review and funding cycle. limitations imposed by the review and funding cycle. funding cycle. Name of Committee: Infectious Diseases Name of Committee: Center for Scientific and Microbiology Initial Review Group, Name of Committee: Genetic Sciences Initial Review Group, Mammalian Genetics Review Special Emphasis Panel. Tropical Medicine and Parasitology Study Date: February 11, 1999. Study Section. Section. Time: 12:30 pm to 1:30 pm. Date: February 11–12, 1999. Date: February 11–12, 1999. Agenda: To review and evaluate grant Time: 9:00 am to 5:00 pm. Time: 8:00 am to 5:00 pm. applications. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Place: Georgetown Inn, 1310 Wisconsin applications. applications. Ave., N.W., Washington, DC 20007. Place: Holiday Inn Georgetown, 2101 Place: Embassy Suites Chevy Chase Contact Person: Carole L. Jelsema, Wisconsin Ave., Washington, DC 20007. Pavilion, 4300 Military Road, NW, Scientific Review Administrator, Center for Contact Person: Jean Hickman, Scientific Washington, DC 20015. Scientific Review, National Institutes of Review Administrator, Center for Scientific Contact Person: Camilla Day, Scientific Health, 6701 Rockledge Drive, Room 5222, Review, National Institutes of Health, 6701 Review Administrator, Center or Scientific MSC 7850, Bethesda, MD 20892, (301) 435– Rockledge Drive, Room 4194, MSC 7808, Review, National Institutes of Health 6701 1249, [email protected]. Bethesda, MD 20892, (301) 435–1146. Rockledge Drive, Room 6152, MSC 7840, This notice is being published less than 15 This notice is being published less than 15 Bethesda, MD 20892, (301) 435–1037, days prior to the meeting due to the timing days prior to the meeting due to the timing [email protected] limitations imposed by the review and limitations imposed by the review and This notice is being published less than 15 funding cycle. funding cycle. days prior to the meeting due to the timing Name of Committee: Center for Scientific Name of Committee: Health Promotion and limitations imposed by the review and Review Special Emphasis Panel. Disease Prevention Initial Review Group, funding cycle. Date: February 15, 1999. Alcohol and Toxicology Subcommittee 1. Name of Committee: Biobehavioral and Time: 2:00 pm to 3:00 pm. Date: February 11–12, 1999. Social Sciences Initial Review Group, Human Agenda: To review and evaluate grant Time: 8:00 am to 5:00 pm. Development and Aging Subcommittee 1. applications. Agenda: To review and evaluate grant Date: February 11–12, 1999. Place: NIH, Rockledge 2, Bethesda, MD applications. Time: 9:00 am to 5:00 pm. 20892, (Telephone Conference Call). Place: Washington Monarch Hotel, 2401 M Agenda: To review and evaluate grant Contact Person: Lee Rosen, Scientific Street, NW, Washington, DC 20037. applications. Review Administrator, Center for Scientific 6110 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Review, National Institutes of Health, 6701 Time: 2:00 pm to 3:00 pm. and personal information concerning Rockledge Drive, Room 5116, MSC 7854, Agenda: To review and evaluate contract individuals associated with the grant Bethesda, MD 20892, (301) 435–1171. proposals. applications, the disclosure of which This notice is being published less than 15 Place: Federal Building, Room 9C10, 7550 would constitute a clearly unwarranted days prior to the meeting due to the timing Wisconsin Avenue, Bethesda, MD 20814– limitations imposed by the review and 9692 (Telephone Conference Call). invasion of personal privacy. funding cycle. Contact Person: Phillip F. Wiethorn, Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Scientific Environmental Health Sciences Special Program Nos. 93.306, Comparative Medicine, Review Branch, Division of Extramural Emphasis Panel, NIEHS Special Emphasis 93.306; 93.333, Clinical Research, 93.333, Activities NINDS, National Institutes of Panel—Environmental Justice: Partnerships 93.337, 93.393–93.396, 93.837–93.844, 93– Health, PHS, DHHS, Federal Building, Room for Communication. 846–93.878, 93–892, 93.893, National 9C10, 7550 Wisconsin Avenue, Bethesda, MD Date: February 17–19, 1999. Institutes of Health, HHS) 20892, 301–496–9223. Time: February 17, 1999, 7:00 p.m to 10:00 p.m. Dated: February 2, 1999. This notice is being published less than 15 days prior to the meeting due to the timing Agenda: To review and evaluate grant LaVerne Y. Stringfield, limitations imposed by the review and applications. Committee Management Officer, NIH. funding cycle. Place: Hawthorne Suites, 300 Meredith [FR Doc. 99–3002 Filed 2–5–99; 8:45 am] Name of Committee: National Institute of Drive, Durham, NC 27713. Time: February 18, 1999, 8:30 am to 5:00 BILLING CODE 4140±01±M Neurological Disorders and Stroke Special Emphasis Panel. p.m. Date: February 25, 1999. Agenda: to review and evaluate grant Time: 1:00 pm to 2:00 pm. applications. DEPARTMENT OF HEALTH AND Place: Hawthorne Suites, 300 Meredith HUMAN SERVICES Agenda: To review and evaluate contract proposals. Drive, Durham, NC 27713. Time: February 19, 1999, 8:30 am to 5:00 Place: 7550 Wisconsin Avenue, Federal National Institutes of Health p.m. Building, Room 9C10, Bethesda, MD 20814– Agenda: To review and evaluate grant 9692 (Telephone Conference Call). National Institute of Neurological applications. Contact Person: Phillip F. Wiethorn, Disorders and Stroke; Notice of Closed Place: Hawthorne Suites, 300 Meredith Scientific Review Administrator, Scientific Drive, Durham, NC 27712. Meetings Review Branch, Division of Extramural Contact Person: David Brown, MPH, Nat’l Activities, NINDS, National Institutes of Pursuant to section 10(d) of the Institute of Environmental Health Sciences, Health, PHS, DHHS, Federal Building, Room Federal Advisory Committee Act, as P.O. Box 12233, Research Triangle Park, NC amended (5 U.S.C. Appendix 2), notice 9C10, 7550 Wisconsin Avenue, Bethesda, MD 27709, (919) 541–4964. 20892, 301–496–9223. is hereby given of the following This notice is being published less than 15 (Catalogue of Federal Domestic Assistance meetings. days prior to the meeting due to the timing Program Nos. 93.113, Biological Response to The meetings will be closed to the limitations imposed by the review and Environmental Health Hazards; 93.114, public in accordance with the funding cycle. Applied Toxicological Research and Testing; 93.115, Biometry and Risk Estimation— provisions set forth in sections (Catalogue of Federal Domestic Assistance 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health Risks from Environmental Exposures; Program Nos. 93.853, Clinical Research 93.142, NIEHS Hazardous Waste Worker as amended. The contract proposals and Related to Neurological Disorders; 93.854, Health and Safety Training; 93.143, NIEHS the discussions could disclose Biological Basis Research in the Superfund Hazards Substances—Basic confidential trade secrets or commercial Neurosciences, National Institutes of Health, Research and Education; 93.894, Resources property such as patentable material, HHS) and Manpower Development in the and personal information concerning Dated: February 2, 1999. Environmental Health Sciences, National individuals associated with the contract LaVerne Y. Stringfield, Institutes of Health, HHS) proposals, the disclosure of which Committee Management Officer, NIH. Dated: February 1, 1999. would constitute a clearly unwarranted [FR Doc. 99–3001 Filed 2–5–99; 8:45 am] LaVerne Y. Stringfield, invasion of personal privacy. BILLING CODE 4140±01±M Committee Management Officer, NIH. Name of Committee: National Institute of [FR Doc. 99–3003 Filed 2–5–99; 8:45 am] Neurological Disorders and Stroke Special BILLING CODE 4140±01±M Emphasis Panel. DEPARTMENT OF HEALTH AND Date: February 16, 1999. HUMAN SERVICES Time: 1:00 pm to 2:00 pm. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate contract National Institutes of Health HUMAN SERVICES proposals. Place: 7550 Wisconsin Avenue, Federal National Institute of Environmental National Institutes of Health Building, Room 9C10, Bethesda, MD 20814– Health Sciences; Notice of Closed 9692 (Telephone Conference Call). Meeting National Institute on Drug Abuse; Contact Person: Phillip F. Wiethorn, Notice of Closed Meetings Scientific Review Administrator, Scientific Pursuant to section 10(d) of the Review Branch, Division of Extramural Federal Advisory Committee Act, as Pursuant to section 10(d) of the Activities, NINDS, National Institutes, of amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as Health, PHS, DHHS, Federal Building, Room is hereby given of the following amended (5 U.S.C. Appendix 2), notice 9C10, 7550 Wisconsin Avenue, Bethesda, MD meeting. is hereby given of the following 20892, 301–496–9223. The meeting will be closed to the This notice is being published less than 15 meetings. days prior to the meeting due to the timing public in accordance with the The meetings will be closed to the limitations imposed by the review and provisions set forth in sections public in accordance with the funding cycle. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections Name of Committee: National Institute of as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Neurological Disorders and Stroke Special the discussions could disclose as amended. The grant applications and Emphasis Panel. confidential trade secrets or commercial the discussions could disclose Date: February 18, 1999. property such as patentable material, confidential trade secrets or commercial Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6111 property such as patentable material, DEPARTMENT OF HEALTH AND recommend a process through which and personal information concerning HUMAN SERVICES scientifically validated alternative individuals associated with the grant methods can be accepted for regulatory applications, the disclosure of which Public Health Services use. Criteria and processes for would constitute a clearly unwarranted validation and regulatory acceptance National Toxicology Program; Meeting invasion of personal privacy. were developed in conjunction with 14 of the Advisory Committee on other Federal agencies and programs Name of Committee: National Institute on Alternative Toxicological Methods with broad input from the public. These Drug Abuse Initial Review Group, Treatment Pursuant to Section 10(a) of the are described in the document Research Subcommittee. ‘‘Validation and Regulatory Acceptance Date: March 4–5, 1999. Federal Advisory Committee Act, as of Toxicological Test Methods: A Report Time: 9:00 a.m. to 5:00 p.m. amended (5 U.S.C. Appendix 2), notice of the Ad Hoc Interagency Coordinating Agenda: To review and evaluate grant is hereby given to a meeting of the Committee on the Validation of applications. National Toxicology Program (NTP) Alternative Methods’’ NIH publication Place: Hyatt Regency Bethesda, One Advisory Committee on Alternative Bethesda Metro Center, Bethesda, MD 20814. Toxicological Methods, U.S. Public 97–3981, March 1997, which is Contact Person: Kesinee Nimit, Health Health Service. The meeting will be available on the internet at http://ntp- Scientist Administrator, Office of Extramural held from 8:45 a.m. to 4:00 p.m. on server.niehs.nih.gov /htdocs/ICCVAM/ Program Review, National Institute on Drug March 4, 1999 in the Conference Center, ICCVAM/html. or by request to the Abuse, National Institutes of Health, DHHS, Building 101, South Campus, NIEHS, Center at the address provided below. 5600 Fishers Lane, Room 10–22, Rockville, 111 Alexander Drive, Research Triangle A standing Interagency Coordinating MD 20857 (301) 443–9042. Park, North Carolina 27709. The Committee on the Validation of Alternative Methods (ICCVAM) was Name of Committee: National Institute on meeting will be entirely open to the public from 8:45 a.m. to adjournment subsequently established as a Drug Abuse Initial Review Group, Health collaborative effort by NIEHS and 13 Services Research Subcommittee. with attendance limited only by space other Federal regulatory and research Date: March 4, 1999. available. Individuals who plan to agencies and programs. The ICCVAM Time: 9:00 am to 5:00 pm. attend and need special assistance, such facilitates cross-agency communication Agenda: To review and evaluate grant as sign language interpretation or other and coordination on issues relating to applications. reasonable accommodations should Place: Hyatt Regency Bethesda, One notify the contact person listed below in validation, acceptance, and national/ Bethesda Metro Center, Bethesda, MD 20814. advance of the meeting. international harmonization of Contact Person: Marina L. Volkov, Special toxicological test methods. The Background Assistant, Office of Extramural Program ICCVAM works with the Center to carry Review, National Institute on Drug Abuse, Under authority of 42 U.S.C. 217a, out the scientific review of proposed National Institutes of Health, DHHS, 5600 Section 222 of the Public Health Service methods of multi-agency interest, and Fishers Lane, Room 10–22, Rockville, MD Act, as amended, the Department of provides recommendations regarding 20857, (301) 443–9042. Health and Human Services has their usefulness to appropriate agencies. The ICCVAM also provides a Name of Committee: National Institute on established an Advisory Committee on mechanism for interagency Drug Abuse Special Emphasis Panel, Alternative Toxicological Methods. The Training and Career Development. Committee functions to provide advice communication with stakeholders Date: March 16–18, 1999. on the activities and priorities of the throughout the process of test method Time: 9:00 a.m. to 5:00 p.m. National Toxicology Program (NTP) development and validation. The Agenda: To review and evaluate grant Interagency Center for the Evaluation of following Federal regulatory and applications. Alternative Toxicological Methods research agencies and organizations are Place: Gathersburg Marriott Washington (Center) and the Interagency participating in this effort: Center, 9751 Washingtonian Boulevard, Coordinating Committee on the Consumer Product Safety Commission Gaithersburgh, MD 20878. Validation of Alternative Methods Department of Defense Contact Person: Mark Swieter, Health (ICCVAM), and to provide advice on Department of Energy Scientist Administrator, Office of Extramural ways to foster partnership activities and Department of Health and Human Program Review, National Institute on Drug productive interactions among all Services Abuse, National Institutes of Health, DHHS, stakeholders. The Advisory Committee Agency for Toxic Substances and 5600 Fishers Lane, Room 10–42, Rockville, is composed of knowledgeable Disease Registry Food and Drug Administration MD 20857, (301) 443–2620. representatives drawn from academia, National Institute for Occupational industry, public interest organizations, (Catalogue of Federal Domestic Assistance Safety and Health/CDC Program Nos. 93.277, Drug Abuse Scientist other state and Federal agencies, and the National Institutes of Health Development Award for Clinicians, Scientists international community. National Cancer Institute Development Awards, and Research Scientist The National Toxicology Program National Institute of Environmental Awards; 93.278, Drug Abuse National established the Center and ICCVAM to Health Sciences Research Service Awards for Research fulfill specific mandates provided to the National Library of Medicine Training; 93.279, Drug Abuse Research National Institute of Environmental Department of the Interior Programs, National Institutes of Health, HHS) Health Sciences by Public Law 103–43, Department of Labor Dated: January 29, 1999. Section 1301. The NIEHS was directed Occupational Safety and Health LaVerne Y. Stringfield, to (1) develop and validate toxicological Administration testing methods, including alternative Department of Transportation Committee Management Officer, NIH. methods that can reduce or eliminate Research and Special Programs [FR Doc. 99–3004 Filed 2–5–99; 8:45 am] the use of animals in acute or chronic Administration BILLING CODE 4140±01±M toxicity testing, (2) establish criteria for Environmental Protection Agency the validation and regulatory acceptance The Center was established to provide of alternative testing methods, and (3) operational support for the ICCVAM 6112 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices and to assist Federal Agencies by Research Triangle Park, North Carolina DEPARTMENT OF THE INTERIOR coordinating and facilitating (1) the 27709, telephone (919) 541–3971, FAX interagency review and adoption of (919) 541–0295, will have available an Bureau of Indian Affairs toxicological test methods of multi- agenda with times and a roster of agency interest and (2) the participation Committee members prior to the Indian Gaming and communication with other meeting and summary minutes AGENCY: Bureau of Indian Affairs, stakeholders throughout the process of subsequent to the meeting. Interior. test method development and Dated: January 29, 1999. ACTION: Notice of approved Tribal-State validation. The Center organizes, in Kenneth Olden, Compact. collaboration with ICCVAM, Director, National Toxicology Program. independent scientific peer reviews and [FR Doc. 99–3005 Filed 2–5–99; 8:45 am] SUMMARY: Pursuant to Section 11 of the workshops for test methods of interest Indian Gaming Regulatory Act of 1988, BILLING CODE 4140±01±M to Federal agencies. Peer review panels Pub. L. 100-497, 25 U.S.C. 2710, the are convened to develop scientific Secretary of the Interior shall publish, in consensus on the usefulness of test the Federal Register, notice of approved methods to generate information for DEPARTMENT OF THE INTERIOR Tribal-State Compacts for the purpose of specific human health and/or ecological engaging in Class III (casino) gambling risk assessment purposes. Expert Fish and Wildlife Service on Indian reservations. The Assistant workshops are convened to evaluate the Secretary—Indian Affairs, Department adequacy of current test methods for Notice of Receipt of Application for of the Interior, through his delegated assessing specific toxicities, to identify Endangered Species Permit authority, has approved the Omaha areas in need of improved or new Tribe of Nebraska and the State of Iowa methods, to evaluate proposed AGENCY: Fish and Wildlife Service, Gaming Compact, which was executed validation studies, and to evaluate the Interior. on December 10, 1998. validation status of methods. The center ACTION: Notice of receipt. DATES: This action is effective on provides an opportunity for February 8, 1999. partnerships with other agencies and The following applicant has applied organizations to facilitate the FOR FURTHER INFORMATION CONTACT: for a permit to conduct certain activities development, validation, and review of George T. Skibine, Director, Indian with an endangered species. This notice alternative testing methods. The Center Gaming Management Staff, Bureau of is provided pursuant to section 10(c) of and ICCVAM seek to promote the Indian Affairs, Washington, DC 20240, the Endangered Species Act of 1973, as scientific validation and regulatory (202) 219–4066. amended (16 U.S.C. 1531 et seq.): acceptance of toxicological test methods Dated: January 27, 1999. that will enhance agencies’ ability to Applicant: Mr. John Paul D. Atkins, Kevin Gover, assess risks and make decisions, and Baltimore, Maryland, PRT– Assistant Secretary—Indian Affairs. that will refine, reduce, and replace TE007663–0 [FR Doc. 99–2912 Filed 2–5–99; 8:45 am] animal use whenever possible. The The applicant requests authorization BILLING CODE 4310±02±P Center Office is located at NIEHS and to take (live capture and handle) two can be contacted by telephone 919–541– federally listed bats: the Indiana bat 3398, fax 919–541–0947, or email, (Myotis sodalis), and the gray bat DEPARTMENT OF THE INTERIOR [email protected]. (Myotis grisescens), throughout the State Bureau of Land Management Agenda of Maryland. The primary agenda topics are Written data or comments should be [UT±060±09±3800±00, UTU±72499] concerned with presentations and submitted to the Regional Permits Notice of Final Decision; Lisbon Valley discussions relating to processes, Coordinator, U.S. Fish and Wildlife Copper Project, San Juan County, UT priorities, and recent and proposed Service, 300 Westgate Center Drive, activities of the NTP Interagency Center Hadley, Massachusetts 01035 and must AGENCY: Bureau of Land Management, for the Evaluation of Alternative be received within 30 days of the date Department of the Interior. Toxicological Methods and the of this publication. ACTION: Notice of final decision Interagency Coordinating Committee on Documents and other information prepared for Summo USA the Validation of Alternative Methods. submitted with this application are Corporations’s Lisbon Valley Open Pit Specific agenda topics will include available for review by any party who Copper Mine in San Juan County, Utah. discussion of the outcome of the  submits a written request for a copy of Corrositex test method peer review such documents to the following office SUMMARY: Interior Board of Land meeting previously convened on within 30 days of the date of publication Appeals (Board) decision dated January 21, 1999; an update and of this notice. U.S. Fish and Wildlife September 23, 1998 (National Wildlife discussion of the peer review meeting Service, 300 Westgate Center Drive, Federation, et. al., 145 IBLA 348), report and regulatory acceptance Hadley, Massachusetts 01035. affirmed in part the Bureau of Land process for the murine local lymph node Attention: Diane Lynch, Regional Management’s (BLM) Record of assay (LLNA) test method; an update on Permits Coordinator. Telephone: 413– Decision (ROD) of March 26, 1997, the status of the EPA and OECD plans 253–8628; Fax: 413–253–8482. approving the Lisbon Valley Copper for validation of endocrine disruptor Project, but set aside and remanded in screening and testing methods; and Dated: February 2, 1999. part a section of that decision dealing plans for future test method workshops Ralph C. Pisapia, with analysis of a backfill alternative for and reviews. Assistant Regional Director, Ecological that project. The Executive Secretary, Dr. Larry Services. In that decision, the Board concluded Hart, Environmental Toxicology [FR Doc. 99–2903 Filed 2–5–99; 8:45 am] that the record did not support BLM’s Program, P.O. Box 12233, NIEHS, BILLING CODE 4310±55±M rejection of the Open Pit Backfilling Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6113

Alternative in the ROD based on approval of the Lisbon Valley Copper SUPPLEMENTARY INFORMATION: The concerns for impacts on water quality Project pursuant to direction given by March 11, 1999, meeting will begin at from acid generating material. The the Board in its September 23, 1998, 9:00 a.m. at Ridgway State Park Board further recognized that while decision, to reconsider the Backfill Headquarters (Dutch Charlie concerns regarding impacts from Alternative. The Moab Field Office entrance)approximately 21 miles south alkaline conditions may be legitimate, memorandum of January 25, 1999, is of Montrose or five miles north of those concerns were not sufficiently available at the Moab Field Office of the Ridgway on U.S. Highway 550. The stated in the ROD or the Final BLM at 82 East Dogwood, Moab, Utah agenda will include discussions on Environmental Impact Statement (FEIS) 84532, (435–259–6111). Colorado water rights and the Black so as to serve as the principal basis for DATES: Parties adversely affected by this Canyon National Monument’s reserved complete rejection of the alternative Notice of Final Decision have until water right, and an update on the North (145 IBLA at 374). The Board remanded March 10, 1999, to file a Notice of Fork Coal EIS. Public comment is that portion of the ROD and directed Appeal (43 CFR 4.411 and 4.413). The scheduled for 1:00 p.m. BLM to reconsider the backfill decision to approve the mining All Resource Advisory Council alternative. operation in relation to the original meetings are open to the public. The BLM has conducted the analysis decision regarding rejection of the Open Interested persons may make oral directed by the Board, summarized in a Pit Backfill Alternative is in full force statements to the Council, or written memorandum dated January 25, 1999, and effect, effective on the date of this statements may be submitted for the from the Moab Field Office to the Utah publication of the Notice of Availability Council’s consideration. If necessary, a State Director. While the FEIS and ROD of the Record of Decision (43 CFR per-person time limit may be contained analyses of multiple complex 3809.4(f). A petition for a stay of the established by the Southwest Center geochemical and geohydrologic decision may be filed in accordance Manager. technical issues, the re-analysis of data with the above cited regulations. Summary minutes for Council summarized in this memorandum meetings are maintained in the ADDRESSES: A Notice of Appeal should confirmed BLM’s concerns expressed in Southwest Center Office and on the be addressed to: Bill Lamb, Utah State the FEIS and ROD that potential Internet at http://www.co.blm.gov/mdo/ Director, Bureau of Land Management, alkaline conditions in the post-mining mdolswlrac.htm and are available for PO Box 45155, 324 South State Street, pit lakes could mobilize and transport public inspection and reproduction Room 301, Salt Lake City, Utah, 84111. metal oxyanions from mine waste within thirty (30) days following each material utilized as pit backfill material FOR FURTHER INFORMATION CONTACT: meeting. into underlying groundwater at the Lynn Jackson, Project Coordinator, mine site. The data indicates that such Moab Field Office, Bureau of Land Dated: January 29, 1999. mobilization and transport has a Management, 82 East Dogwood Avenue, Roger Alexander, significant likelihood of adversely Moab, Utah, 84532, (435) 259–6111. Public Affairs Specialist. impacting groundwater quality and Dated: February 1, 1999. [FR Doc. 99–2943 Filed 2–5–99; 8:45 am] violating acceptable water quality Brad Palmer, BILLING CODE 4310±JB±P standards. As reflected in the FEIS and ROD, the Associate Moab Field Office Manager, Bureau of Land Management. BLM retains the authority to further DEPARTMENT OF THE INTERIOR analyze backfilling if the results of [FR Doc. 99–2856 Filed 2–5–99; 8:45 am] required life-of-the-mine waste rock BILLING CODE 4310±DQ±P Bureau of Land Management sampling and hydrologic testing reveals [WO±200±09±1020±00] additional adverse impacts not foreseen or predicted in the EIS, and/or indicates DEPARTMENT OF THE INTERIOR Science Advisory Board; Public that the potential impact of metal Bureau of Land Management Meeting oxyanion mobilization and transport AGENCY: associated with backfilling is [CO±030±09±1010±00±1784] Bureau of Land Management, overestimated. Any additional Interior. consideration of backfilling, and Southwest Resource Advisory Council ACTION: Notice of public meeting. potential changes in environmental Meeting SUMMARY: The Bureau of Land consequences resulting from such AGENCY: Bureau of Land Management, Management (BLM) announces a public action, would be subject to additional Interior. meeting of the Science Advisory Board analysis under provisions of the to examine the use of science for National Environmental Policy Act. ACTION: Notice; Resource Advisory Based on the re-analysis of data as Council meeting. improving the management of the directed by IBLA and the conclusion Nation’s public land and resources. SUMMARY: Notice is hereby given that that BLM’s rationale for rejecting the Topics of discussion will include the the Southwest Resource Advisory backfill alternative was sound and BLM’s National Applied Resource Council (Southwest RAC) will meet at reasoned, BLM has determined that no Sciences Center, research needs for Ridgway State Park, Colorado. modifications or changes are required in integrated weed management, and the ROD. Furthermore, since none of the DATES: The meeting will be held on research associated with population data or additional analyses performed to Thursday, March 11, 1999. management of wild horses and burros. date identify environmental impacts not ADDRESSES: For additional information, DATES: BLM will hold the public previously identified in the FEIS, no contact Roger Alexander, Bureau of meeting on Thursday, March 4, 1999, additional analysis is warranted under Land Management (BLM), Southwest from 11 am to 5 pm, local time. provisions of the National Center, 2465 South Townsend Avenue, ADDRESSES: BLM will hold the public Environmental Policy Act. Montrose, Colorado 81401; telephone meeting in the Nevada Room C–204 of This Notice of Final Decision is 970–240–5335; TDD 970–240–5366; e- the Bureau of Land Management’s BLM’s final decision regarding the mail [email protected]. National Training Center (NTC), 9828 N 6114 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

31st Avenue, Phoenix, Arizona. to a FOIA request, you must state this application to acquire 138.88 acres Receptionist, (602) 906–5500. prominently at the beginning of your (Parcel 1) of public land to be used for FOR FURTHER INFORMATION CONTACT: comment. We will honor your wish to recreational purposes. The Catholic Christine Jauhola, Bureau of Land the extent allowed by law. All Diocese of Las Cruces has made Management, 1849 C Street, NW, LSB– submissions from organizations or application to acquire 67.10 acres 204, Washington, DC 20240, (202) 452– businesses, and from individuals (Parcel 2) of public land to maintain an 7761. identifying themselves as existing path that leads to a religious SUPPLEMENTARY INFORMATION: This representatives or officials of shrine, develop rest stops and picnic notice is published in accordance with organizations of businesses, will be areas, add shrines/prayer stops, and section 9(a)(2) of the Federal Advisory released in their entirety, including preserve the remaining pristine qualities Committee Act of 1972 (Pub. L. 92–463). names and addresses (or e-mail of the area. addresses). Parcel 1 I. The Agenda for the Public Meeting Is Electronic Access and Filing Address: as Follows Commenters may transmit comments T. 29 S., R. 4 E., NMPM electronically via the Internet to: Sec. 17, Lots 6 to 9, inclusive, 11:00 am Welcome, introductions W1⁄2E1⁄2NE1⁄4, SW1⁄4NE1⁄4. [email protected]. Please include Review Minutes of Previous Meeting Containing 138.88 acres, more or less. Report from Deputy Assistant the identifier ‘‘Science3’’ in the subject Secretary for Land and Minerals of your message and your name and Parcel 2 Management (Acting) address in the body of your message. T. 29 S., R. 4 E., NMPM 11:30 am Report from the Bureau of Sec. 16, S1⁄2NW1⁄4NW1⁄4; III. Accessibility 1 1 1 Land Management Sec. 17, Lot 7, E ⁄2E ⁄2NE ⁄4. The meeting sites are accessible to Containing 67.60 acres, more or less. 12:00 Noon Wild Horse and Burro individuals with disabilities. An Advisory Committee individual with a disability who will The land is difficult and uneconomic Immuno-contraceptive Study need an auxiliary aid or service to to manage and is not required for any Population modeling for genetic participate in the hearing, such as other Federal purpose. The viability interpreting service, assistive listening classification and subsequent 1:00 pm Lunch device, or materials in an alternate conveyance is consistent with the Las 1:30 pm National Applied Resource format, must notify the person listed Cruces Field Office’s Mimbres Resource Sciences Center under FOR FURTHER INFORMATION Management Plan of December, 1993, 2:30 pm Research Needs Review and CONTACT two weeks before the and would be in the public interest. Budget Process scheduled hearing date. Although BLM DATES: Comments regarding the 3:30 pm Science Needs for Integrated will attempt to meet a request received proposed lease/conveyance or Weeds Management after that date, the requested auxiliary classification must be submitted on or 4:30 pm Public Comments aid or service may not be available before March 29, 1999. 4:45 pm Next Meeting and Other Items because of insufficient time to arrange ADDRESSES: Comments should be sent to 5:00 pm Adjourn it. the Bureau of Land Management, Las II. Public Comment Procedures Dated: February 2, 1999. Cruces Field Office, 1800 Marquess, Las Participation in the public meeting is Christine A. Jauhola, Cruces, New Mexico 88005. not a prerequisite for submittal of Group Manager, Fish, Wildlife and Forest FOR FURTHER INFORMATION CONTACT: Juan written comments from all interested Group. Padilla, at the address above or at (505) parties. Your written comments should [FR Doc. 99–2871 Filed 2–5–99; 8:45 am] 525–4376. be specific and explain the reason for BILLING CODE 4310±84±P SUPPLEMENTARY INFORMATION: The any recommendation. BLM appreciates patents when issued will be subject to any and all comments, but those most the following terms, conditions and useful and likely to influence decisions DEPARTMENT OF THE INTERIOR reservations: on BLM’s use of science are those that 1. Provisions of the R&PP Act and all are either supported by quantitative Bureau of Land Management applicable regulations of the Secretary information or studies or those that [NM±030±1430±00; NMNM 96531 & NMNM of the Interior. include citations to and analyses of 98501] 2. A right-of-way thereon for ditches applicable laws and regulations. Except and canals constructed by the authority for comments provided in electronic Notice of Realty Action; Recreation of the United States, Act of August 30, format, commenters should submit two and Public Purposes (R&PP) Act 1890 (43 U.S.C. 945). copies of their written comments, where Classification; New Mexico 3. All minerals shall be reserved to practicable. BLM will not necessarily AGENCY: Bureau of Land Management the United States, together with the consider comments received after the (BLM), Interior. right to prospect for, mine, and remove DATES time indicated under the section ACTION: Notice of realty action; R&PP such deposits from the same under or at locations other than that listed in Act classification. application of law and such regulations the ADDRESSES section. as the Secretary may prescribe. In the event there is a request under SUMMARY: The following public land in 4. The conveyance will be subject to the Freedom of Information ACT (FOIA) Dona Ana County, New Mexico, has all valid rights and reservations of for a copy of your comments, we intend been examined and found suitable for record. Upon publication of this notice to make them available in their entirety, classification for conveyance to the City in the Federal Register, the land will be including your name and address (or of Sunland Park, New Mexico, and the segregated from all other forms of your e-mail address if you file Catholic Diocese of Las Cruces, New appropriation under the public land electronically). However, if you do not Mexico, under the provisions of the laws, including the general mining laws, want us to release your name and R&PP Act, as amended (43 U.S.C. 869 et except for conveyance under the R&PP address (or e-mail address) in response seq.). Sunland Park has made Act and leasing under the mineral Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6115 leasing laws. The segregative effect will DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR terminate upon issuance of a patent or as specified in an opening order to be National Park Service National Park Service published in the Federal Register, Subsistence Resource Commission whichever comes first. Notice of Extension for the Spruce Creek Access Proposal, Draft Meeting Detailed information concerning this Environmental Impact Statement, action is available for review at the SUMMARY: The Superintendent of Denali Denali National Park and Preserve, National Park and Preserve and the BLM, Las Cruces Field Office. On or Alaska before March 29, 1999, interested Chairperson of the Denali Subsistence Resource Commission announce a persons may submit comments SUMMARY: The National Park Service regarding the proposed classification or forthcoming meeting of the Denali (NPS) is preparing an environmental National Park Subsistence Resource conveyance of the land to the Field impact statement (EIS) to evaluate an Office Manager, Las Cruces Field Office, Commission. The following agenda application for access to a private items will be discussed: 1800 Marquess, Las Cruces, New inholding on Spruce Creek in the (1) Call to order by the Chair. Mexico, 88005. The land would not be Kantishna Hills of Denali National Park (2) Roll call and confirmation of offered for conveyance for at least 60 and Preserve, as announced in the quorum. days after the date of publication of this Federal Register/Vol. 63, No. 53/ (3) Superintendent’s welcome and Notice in the Federal Register. Thursday, March 19, 1998. The owner introductions. of the inholding submitted an Classification Comments. (4) Approval of minutes of last meeting. application for the right-of-way (5) Additions and corrections to the Interested parties may submit pursuant to the Alaska National Interest agenda. comments involving the suitability of Lands Conservation Act of 1980 (6) New Business: the land for the purposes described (ANILCA), Title XI, Section 1110(b) and above. Comments on the classification the implementing regulations at 43 CFR a. Annual SRC Chair’s meeting update. are restricted to whether the land is Part 36. The application states that the b. Federal subsistence program physically suited for the proposal, right-of-way would provide access in update. whether the use will maximize the the form of a road and airstrip for the c. Review hunting regulation future use or uses of the land, whether inholder to construct and operate a proposals, FY99–00 the use is consistent with local planning remote backcountry lodge. On January d. Temporary snowmachine closure, and zoning, or if the use is consistent 7, 1998, the NPS accepted an former Mt. McKinley Park. with State and Federal programs. application for access to a 20-acre parcel e. Agency reports and wildlife on Spruce Creek. The applicants Application Comments updates. amended the request for access on (7) Old Business: Interested parties may submit January 26, 1998, to request a revised a. Final draft Subsistence User Guide. comments regarding the specific use location of an airstrip. b. Draft Denali Subsistence proposed in the application and plan of The NPS provided notice on Tuesday, Management Plan. development, whether the BLM October 6, 1998 (FR/ Vol. 63, No. 193) c. Spruce Four access EIS, subsistence followed proper administrative stating an additional three months was review. procedures in reaching the decision, or needed to complete the draft EIS, and (8) Public and other agency comments. any other factor not directly related to extended the release date from October (9) Set time and place of next SRC the suitability of the land for the 26, 1998 to January 26, 1999. The meeting. purposes described above. Comments applicants continue to modify and (10) Adjournment. received on the classification will be clarify the project proposal. The NPS answered by the State Director with the DATES: The meeting date is: Friday, needs additional time to analyze these February 26, 1999, 8:30 a.m. to 5 p.m. right to further comment to the modifications and clarifications. The Secretary. Comments on the application NPS also requires an extension to ADDRESSES: The meeting location is: will be answered by the State Director otherwise complete the EIS. For these North Star Inn, Conference Room, Healy, Alaska. with the right to appeal to the Interior reasons, the NPS is extending the Board of Land Appeals. previous proposed dates of publication FOR FURTHER INFORMATION CONTACT: In the absence of any adverse and distribution of the draft EIS by Hollis Twitchell, Subsistence comments, the classification of the approximately three months. Coordinator, Denali National Park, P.O. lands described in this Notice will Box 9, Denali Park, Alaska 99755. Phone DATES: The draft EIS will be available (907) 683–9544. become effective 60 days from the date for public review on or about April 30, of publication in the Federal Register. SUPPLEMENTARY INFORMATION: The 1999. Subsistence Resource Commissions are Dated: February 2, 1999. FOR FURTHER INFORMATION CONTACT: authorized under Title VIII, Section 808, Linda S.C. Rundell, Stephen P. Martin, Superintendent, of the Alaska National Interest Lands Field Manager, Las Cruces. Denali National Park and Preserve, P.O. Conservation Act, Pub. L. 96–487, and [FR Doc. 99–2906 Filed 2–5–99; 8:45 am] Box 9, Denali Park, Alaska 99755. operates in accordance with the BILLING CODE 4310±VC±P Telephone (907) 683–2294. provisions of the Federal Advisory Committees Act. Robert D. Barbee, Paul R. Anderson, Regional Director, Alaska Region. Deputy Regional Director. [FR Doc. 99–2881 Filed 2–5–99; 8:45 am] [FR Doc. 99–2880 Filed 2–5–99; 8:45 am] BILLING CODE 4310±70±P BILLING CODE 4310±70±P 6116 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DEPARTMENT OF THE INTERIOR NATIONAL AERONAUTICS AND Kennedy Space Center, Mail Code MM– SPACE ADMINISTRATION E, Kennedy Space Center, FL 32899; Bureau of Reclamation telephone (407) 867–6225. [Notice 99±026] Glen Canyon Technical work Group Dated: February 1, 1999. Notice of Prospective Patent License Edward A. Frankle, AGENCY: Bureau of Reclamation, AGENCY: General Counsel. Interior. National Aeronautics and Space Administration. [FR Doc. 99–2850 Filed 2–5–99; 8:45 am] ACTION: Notice of public meeting. ACTION: Notice of prospective patent BILLING CODE 7510±01±P SUMMARY: The Glen Canyon Technical license. Work Group (TWG) was formed as an SUMMARY: NASA hereby gives notice NATIONAL SCIENCE FOUNDATION official subcommittee of the Glen that GeoTech Chemical Company, Inc. Canyon Adaptive Management Work of Tallmadge, Ohio has requested an Special Emphasis Panel in Group (AMWG) on September 10, 1997. exclusive license to practice the Bioengineering and Environmental The TWG members were named by the invention described and claimed in Systems; Notice of Meeting members of the AMWG and provide NASA Case No. KSC–11940, entitled In accordance with the Federal advice and information to the AMWG to ‘‘Conducting Compositions of Matter,’’ act upon. The AMWG uses this Advisory Committee Act (Pub. L. 92– which is assigned to the United States 463, as amended), the National Science information to form recommendations of America as represented by the to the Secretary of the Interior Foundation announces the following Administrator of the National meeting. (Secretary) for guidance of the Grand Aeronautics and Space Administration. Canyon Monitoring and Research Center Written objections to the prospective Name: Special Emphasis Panel in science program and other direction as grant of a license should be sent to John Bioengineering and Environmental Systems (No. 1189). requested by the Secretary. All meetings F. Kennedy Space Center. are open to the public; however, seating Date and Time: February 23, 1999; 8:00 DATES: Responses to this notice must be is limited and is available on a first am–5:00 pm. received by April 9, 1999. come, first served basis. Place: National Science Foundation, 4201 Wilson Boulevard, Room 370 & 390, Dates and Location: The TWG public FOR FURTHER INFORMATION CONTACT: Ms. Beth A. Vrioni, Patent Counsel, John F. Arlington, VA 22230. meeting will be held on the following Type of Meeting: Closed. dates and location: Kennedy Space Center, Mail Code MM– E, Kennedy Space Center, FL 32899; Contact Person: Janice M. Jenkins and Sohi Phoenix, Arizona—February 23–24, Rastegar, Program Directors, Biomedical 1999. The meeting will begin at 10:00 telephone (407) 867–6225. Engineering and Research to Aid Persons a.m. and conclude at 4:00 p.m. on the Dated: February 1, 1999. with Disabilities, Division of Bioengineering first day and begin at 8:00 a.m. and Edward A. Frankle, and Environmental Systems, National Science Foundation, 4201 Wilson Boulevard, conclude at 4:00 p.m. on the second General Counsel. Arlington, VA 22230, Telephone: (703) 306– day. The two-day meeting will be held [FR Doc. 99–2849 Filed 2–5–99; 8:45 am] 1318. at the Arizona Department of Water BILLING CODE 7510±01±P Purpose of Meeting: To provide advice and Resources, 500 North 3rd Street, recommendations concerning proposals Phoenix, Arizona. submitted to NSF for financial support. Agenda: The purpose of the meeting NATIONAL AERONAUTICS AND Agenda: To review and evaluate proposals is to review the Fiscal Year 2000 Annual SPACE ADMINISTRATION as part of the selection process for awards. Plan for the Grand Canyon Monitoring Reason for Closing: The proposals being [Notice 99±025] and Research Center. reviewed include information of a Time will be allowed on the agenda proprietary or confidential nature, including Notice of Prospective Patent License technical information; financial data, such as for any organization or individual salaries; and personal information AGENCY: National Aeronautics and wishing to make formal oral comments concerning individuals associated with the (limited to 10 minutes) at the meeting, Space Administration. proposals. These matters are exempt under 5 but written notice must be provided to ACTION: Notice of prospective patent U.S.C. 552b(c), (4) and (6) of the Government Mr.. Bruce Moore, Bureau of license. in the Sunshine Act. Reclamation, Upper Colorado Regional SUMMARY: NASA hereby gives notice Dated: February 2, 1999. Office, 125 South State Street, Room Linda Allen-Benton, 6107, Salt Lake City, Utah 84138–1102, that GeoTech Chemical Company, Inc. of Tallmadge, Ohio has requested an Acting Director, Division of Human Resource telephone (801) 524–3702, faxogram Management. (801) 524–5499, E-mail at: exclusive license to practice the [FR Doc. 99–2841 Filed 2–5–99; 8:45 am] [email protected] at least FIVE (5) invention described and claimed in U.S. days prior to the meeting. Any written Patent No. 5,658,649, entitled BILLING CODE 7555±01±M comments received will be provided to ‘‘Corrosion Resistant Coating,’’ which is the TWG members at the meeting. assigned to the United States of America as represented by the Administrator of NATIONAL SCIENCE FOUNDATION FOR FURTHER INFORMATION CONTACT: the National Aeronautics and Space Special Emphasis Panel in Design, Bruce Moore, telephone (801) 524–3702, Administration. Written objections to Manufacture, and Industrial faxogram (801) 524–5499, E-mail at: the prospective grant of a license should Innovation; Notice of Meeting [email protected]. be sent to John F. Kennedy Space Dated: February 3, 1999. Center. In accordance with the Federal Eluid L. Martinez, DATES: Responses to this notice must be Advisory Committee Act (Pub. L. 92– Commissioner, Bureau of Reclamation. received by April 9, 1999. 463, as amended), the National Science [FR Doc. 99–2969 Filed 2–5–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. Foundation announces the following BILLING CODE 4310±94±M Beth A. Vrioni, Patent Counsel, John F. meeting: Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6117

Name: Special Emphasis Panel in Design, proprietary or confidential nature, including Foundation announces the following Manufacture, and Industrial Innovation technical information; financial data, such as meetings: (1194). salaries, and personal information Date and Time: February 18 and 19, 1999, concerning individuals associated with the Name: Special Emphasis Panels in 8:30 a.m.–5:00 p.m. proposal. These matters are exempt under 5 Materials Research (1203). Place: Room #320 National Science U.S.C. 552b(c)(4) and (6) of the Government Date & Time: February 15, 16, 17, and 19; Foundation, 4201 Wilson Boulevard, in the Sunshine Act. 8:00 am–5:00 pm. Place: Room 1060, National Science Arlington, VA 22230. Dated: February 2, 1999. Foundation, 4201 Wilson Blvd., Arlington, Type of Meeting: Closed. Linda Allen-Benton, Contact Persons: G. Patrick Johnson, VA. Program Manager, Small Business Office, Acting Director, Division of Human Resource Type of Meeting: Closed. (703) 306–1395; National Science Management. Contact Person: Dr. Liselotte J. Schioler, Foundation, 4201 Wilson Boulevard, [FR Doc. 99–2840 Filed 2–5–99; 8:45 am] Program Director, Division of Materials Arlington, VA 22230. BILLING CODE 7555±01±M Research, Room 1065.41, National Science Purpose of Meeting: To provide advice and Foundation, 4201 Wilson Blvd., Arlington, recommendations concerning proposals VA 22230, (703) 306–1836. submitted to the National Science NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice and Foundation’s SBIR Program. recommendations concerning proposals Agenda: To review and evaluate SBIR Special Emphasis Panel in Human submitted to NSF for financial support. Phase II proposals as part of the selection Resource Development; Notice of Agenda: To review and evaluate proposals submitted to the Ceramics Programs as part process for awards. Meeting Reason for Closing: The proposals being of the selection process for awards. reviewed include information of a In accordance with the Federal Reason for Closing: The proposals being proprietary or confidential nature, including Advisory Committee Act (Pub. L. 92– reviewed include information of a technical information, financial data such as 463, as amended), the National Science proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information Foundation announces the following concerning individuals associated with the salaries, and personal information proposals. These matters are exempt under 5 meeting. concerning individuals associated with the USC 552b(c)(4) and (6) of the Government in Name and Committee Code: Special proposals. These matters are exempt under 5 the Sunshine Act. Emphasis Panel in Human Resource U.S.C. 552b(c), (4) and (6) of the government # in the Sunshine Act. Dated: February 2, 1999. Development ( 1199). Date and Time: February 22, 1999, 8:30 Dated: February 2, 1999. Linda Allen-Benton, a.m. to 5:00 p.m. Acting Director, Division of Human Resource Place: National Science Foundation, 4201 Linda Allen-Benton, Management. Wilson Boulevard, Room 360, Arlington, VA Acting Director, Division of Human Resource [FR Doc. 99–2836 Filed 2–5–99; 8:45 am] 22230. Management. BILLING CODE 7555±01±M Type of Meeting: Closed. [FR Doc. 99–2835 Filed 2–5–99; 8:45 am] Contact Person: Dr. A. James Hicks & Dr. BILLING CODE 7555±01±M Victor Santiago, Program Director, Human NATIONAL SCIENCE FOUNDATION Resource Development Division, Room 815, National Science Foundation, 4201 Wilson NATIONAL SCIENCE FOUNDATION Special Emphasis Panel in Design, Boulevard, Arlington, VA 22230 Telephone: (703) 306–1632. Manufacturing, and Industrial Purpose of Meeting: To provide advice and Special Emphasis Panel; Notice of Innovation, Notice of Meeting recommendations concerning proposals Meeting In accordance with the Federal submitted to NSF for Continuation of In accordance with the Federal financial support. Advisory Committee Act (Pub. L. 92– Agenda: Review for the Louis Stokes Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Alliances for Minority Participation Reverse 463, as amended), the National Science Foundation announces the following Site Visit. Foundation announces the following meetings: Reason for Closing: The proposals being meeting. reviewed include information of a Name: Design, Manufacturing, and Name: Special Emphasis Panel in Physics proprietary or confidential nature, including Industrial Innovation (1194). (1208). technical information; financial data, such as Date and Time: February 16 and 22, 1999. Date and Time: February 22–24, 1999; 8:30 salaries; and personal information Place: Room 360, National Science am—5:00 pm. concerning individuals associated with the Foundation, 4201 Wilson Blvd., Arlington, Place: National Science Foundation, 4201 proposals. These matters are exempt under 5 VA. Wilson Blvd., Arlington, VA 22230, Rm. U.S.C. 552b(c), (4) and (6) of the Government Type of Meeting: Closed. 1020. in the Sunshine Act. Contact Person: Darryl Gorman, Program Type of Meeting: Closed. Manager, Small Business Innovation Dated: February 2, 1999. Contact Person: Dr. Winston Roberts, Research and Small Business Technology Linda Allen-Benton, Program Director for Theoretical Physics, Transfer Programs, Room 550, Division of Acting Division Director, Division of Human Division of Physics, Rm. 1015; Telephone: Design, Manufacturing, and Industrial Resource Management. 306–1890. Innovation, National Science Foundation, Purpose of Meeting: To provide advice and 4201 Wilson Boulevard, VA 22230, [FR Doc. 99–2837 Filed 2–5–99; 8:45 am] recommendations concerning proposals Telephone (703) 306–1395. BILLING CODE 7555±01±M submitted to the Theoretical Physics Purpose of Meeting: To provide advice and Mathematics Program at NSF for financial recommendations concerning proposals support. submitted to NSF for financial support. NATIONAL SCIENCE FOUNDATION Agenda: To review and evaluate proposals Agenda: To review and evaluate proposals as part of the selection process for awards. submitted to the Small Business Innovation Special Emphasis Panel in Materials Reason for Closing: The proposals being Research (SBIR) and Small Business Research; Notice of Meeting reviewed include information of a propriety Technology Transfer Programs as part of the or confidential nature, including technical selection process for awards. In accordance with the Federal information; information on personnel and Reason for Closing: The proposals being Advisory Committee Act (Pub. L. 92– proprietary date for present and future reviewed include information of a 463, as amended), the National Science subcontracts. These matters are exempt 6118 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices under 5 U.S.C. 552b(c), (4) and (6) of the Foundation announces the following For further details with respect to this Government in the Sunshine Act. meetings. action, see the application for Dated: February 2, 1999. Name: Advisory for Systematic and amendment dated March 19, 1996, and Linda Allen-Benton, Population Biology (1753). the licensee’s letter dated May 11, 1998, Acting Director, Division of Human Resource Date and Time: February 17–19, 1999, 8:30 which withdrew the application for Management. am–5 pm. license amendment. The above [FR Doc. 99–2839 Filed 2–5–99; 8:45 am] Place: Room 380, National Science documents are available for public Foundation, 4201 Wilson Boulevard, BILLING CODE 7555±01±M inspection at the Commission’s Public Arlington, VA 22230. Telephone (703) 306– Document Room, the Gelman Building, 1483. Agenda: To review and evaluate Biotic 2120 L Street, NW., Washington, DC, NATIONAL SCIENCE FOUNDATION Survey and Inventory proposals as part of the and at the local public document room selection process for awards. located at the Fairfield County Library, Advisory Panel for Physiology and Type of Meetings: Closed. 300 Washington Street, Winnsboro, SC Ethology: Notice of Meeting Contact Person: Dr. Douglas Siegal Causey, 29180. Division of Environmental Biology, Room Dated at Rockville, Maryland, this 29th day In accordance with the Federal 635, National Science Foundation, 4201 of January 1999. Advisory Committee Act (Pub. L. 92– Wilson Boulevard, Arlington, VA 22230. 463, as amended), the National Science Telephone (703) 306–1483. For the Nuclear Regulatory Commission. Foundation announces the following Purpose of Meetings: To provide advice L. Mark Padovan, meeting. and recommendations concerning support for Project Manager, Project Directorate II–2, research proposals submitted to NSF for Division of Reactor Projects—I/II, Office of Name: Advisory Panel for Physiology and financial support. Nuclear Reactor Regulation. Ethology (1160). Reason for Closing: The proposals being [FR Doc. 99–2948 Filed 2–5–99; 8:45 am] Date and Time: February 17–19, 1999. reviewed include information of a Place: National Science Foundation, 4201 proprietary or confidential nature, including BILLING CODE 7590±01±P Wilson Boulevard, Arlington, VA 22330, technical information; financial data such as Room 340. salaries, and personal information Type of Meeting: Part-Open. concerning individuals associated with the NUCLEAR REGULATORY Contact Persons: Dr. Zoe Eppley or Dr. Kim proposals. These matters are exempt under 5 COMMISSION Williams, Program Directors, Ecological and U.S.C. 552b(c) (4) and (6) of the Government Evoluationary Physiology, or Dr. Penny in the Sunshine Act. [Docket Nos. 50±424 and 50±425] Kukuk, Program Director, Animal Behavior, Dated: February 2, 1999. Division of Integrative Biology and Southern Nuclear Operating Company, Neuroscience, Suite 685, National Science Linda Allen-Benton, Inc., et al.; Notice of Partial Denial of Foundation, 4201 Wilson Boulevard, Acting Director, Division of Human Resource Amendments to Facility Operating Arlington, VA 22230, Telephone: (703) 306– Management. Licenses and Opportunity for Hearing 1421. [FR Doc. 99–2842 Filed 2–5–99; 8:45 am] Purpose of Meeting: To provide advice and BILLING CODE 7555±01±M The U.S. Nuclear Regulatory recommendations concerning proposals Commission (the Commission) has submitted to NSF for financial support. denied a request by Southern Nuclear Agenda: Open Session: February 19, 1999, Operating Company, Inc., et al., (the 10 am–11 am—discussion on research trends, NUCLEAR REGULATORY COMMISSION licensee) for amendments to Facility opportunities and assessment procedures in Operating License Nos. NPF–68 and Physiology and Ethology. [Docket No. 50±395] Closed Session: February 17, 1999, 8:30 NPF–81 issued to the licensee for am–5:00 pm, February 18, 1999, 8:30 am– operation of the Vogtle Electric South Carolina Electric & Gas Generating Plant, Unit Nos. 1 and 2, 6:00 pm, February 19, 1999, 8:30 am–10am Company (SCE&G), South Carolina and 11 am–5:00 pm. located in Burke County, Georgia. Reason for Closing: The proposals being Public Service Authority; Notice of Notice of Consideration of Issuance of reviewed include information of a Withdrawal of Application for the amendments was published in the proprietary or confidential nature, including Amendment to Facility Operating Federal Register on October 7, 1998 (63 technical information; financial data such as License FR 53955). salaries, and personal information The purpose of the licensee’s concerning individuals associated with the The U.S. Nuclear Regulatory proposals. These matters are exempt under Commission (the Commission) has amendment request was to revise the the 5 U.S.C. 552b(c), (4) and (6) of the granted the request of South Carolina Technical Specifications (TS) to: (1) Government in the Sunshine Act. Electric & Gas Company (the licensee) to eliminate the requirement for Dated: February 2, 1999. withdraw its March 19, 1996, operability of system level manual Linda Allen-Benton, application for proposed amendment to initiation, and automatic initiation, for closure of the containment purge supply Acting Director, Division of Human Resource Facility Operating License No. NPF–12 Management. for Virgil C. Summer Nuclear Station, and exhaust isolation valves during core alteration and/or movement or [FR Doc. 99–2838 Filed 2–5–99; 8:45 am] Unit No. 1 located in Fairfield County, South Carolina. irradiated fuel assemblies within BILLING CODE 7555±01±M The proposed amendment would containment; (2) allow the equipment have revised the quadrant power tilt hatch and emergency air lock to be open NATIONAL SCIENCE FOUNDATION ratio technical specification format. during core alterations, and/or The Commission had previously movement of irradiated fuel assemblies Advisory Panel for Systematic and issued a Notice of Consideration of inside containment; and (3) eliminate Population Biology Issuance of Amendment published in the requirements associated with the Federal Register on April 10, 1996 nonredundant condensate storage tanks. In accordance with the Federal (61 FR 15995). However, by letter dated The NRC staff has concluded that the Advisory Committee Act (Pub. L. 92– May 11, 1998, the licensee withdrew the licensee’s request, with regard to those 463, as amended), the National Science proposed change. changes to the TS that would allow the Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6119 equipment hatch to be open during core NUCLEAR REGULATORY Rule 17a–13(b) generally requires that alterations, and/or movement of COMMISSION at least once each calendar quarter, all irradiated fuel inside containment, registered brokers and dealers cannot be granted. The licensee was [Docket No. 50±482] physically examine and count all notified of the Commission’s denial of securities held and account for all other Wolf Creek Nuclear Operating securities not in their possession, but the proposed change by a letter dated Corporation, Wolf Creek Generating January 29, 1999. subject to the broker-dealer’s control or Station; Correction to Notice of direction. Any discrepancies between By March 10, 1999, the licensee may Approval of Transfer of Facility the broker-dealer’s securities count and demand a hearing with respect to the Operating License and Issuance of the firm’s records must be noted and, denial described above. Any person Conforming Amendment, and within seven days, the unaccounted for whose interest may be affected by this Opportunity for a Hearing difference must be recorded in the proceeding may file a written petition On January 25, 1999, the Commission firm’s records. Rule 17a–13(c) provides for leave to intervene. issued a Notice of Approval of Transfer that under specified conditions, the A request for hearing or petition for of Facility Operating License and securities count, examination and leave to intervene must be filed with the Issuance of Conforming Amendment, verification of the broker-dealer’s entire Secretary of the Commission, U.S. and Opportunity for a Hearing for the list of securities may be conducted on Nuclear Regulatory Commission, Wolf Creek Generating Station. The a cyclical basis rather than on a certain Washington, DC 20555–0001 Attention: Notice was published in the Federal date. Although Rule 17a–13 does not require filing a report with the Rulemakings and Adjudications Staff, or Register on January 29, 1999 (64 FR Commission, security count may be delivered to the Commission’s 4726). Column 2, Line 47 incorrectly discrepancies must be reported on Form Public Document Room, the Gelman stated March 1, 1999, as the date by which hearing requests and intervention X–17a–5 as required by Rule 17a–5. Building, 2120 L Street, NW., Rule 17a–13 exempts broker-dealers that petitions must be filed. The correct date Washington, DC, by the above date. limit their business to the sale and is February 18, 1999, in accordance with A copy of any petitions should also be redemption of securities of registered 10 CFR 2.1306(c). In addition, the investment companies and interests or sent to the Office of the General correct date by which written comments participation in an insurance company Counsel, U.S. Nuclear Regulatory must be filed is March 1, 1999, which separate account and those who solicit Commission, Washington, DC 20555– was incorrectly published in Column 3, accounts for federally insured savings 0001, and to Mr. Arthur H. Domby, Line 31, as ‘‘1999’’. Troutman Sanders, NationsBank Plaza, and loan associations, provided that Suite 5200, 600 Peachtree Street, NE., Dated at Rockville, Maryland, this 2nd day such persons, promptly transmit all of February 1999. Atlanta, Georgia, attorney for the funds and securities and hold no For the Nuclear Regulatory Commission. licensee. customer funds and securities. Chester Poslusny, The information obtained from Rule For further details with respect to this Senior Project Manager, Project Directorate 17a–13 is used as an inventory control action, see (1) the application for IV–2, Division of Reactor Projects III/IV, Office device to monitor a broker-dealers’ amendments dated June 26, 1998, as of Nuclear Reactor Regulation. ability to account for all securities held, supplemented by letters dated [FR Doc. 99–2949 Filed 2–5–99; 8:45 am] in transfer, in transit, pledged, loaned, September 18 and November 30, 1998, BILLING CODE 7590±01±P borrowed, deposited or otherwise and (2) the Commission’s letter to the subject to the firm’s control or direction. licensee dated January 29, 1999. Discrepancies between the securities counts and the broker-dealer’s records These documents are available for SECURITIES AND EXCHANGE alert the Commission and the Self public inspection at the Commission’s COMMISSION Regulatory Organizations (SROs) to Public Document Room, the Gelman those firms having problems in the their Building, 2120 L Street, NW., Proposed Extension of Existing Collection; Comment Request back offices. Washington, DC, and at the local public Because of the many variations in the document room located at the Burke Upon Written Request, Copies Available amount of securities that broker-dealers County Library, 412 Fourth Street, From. Securities and Exchange are accountable for, it is difficult to Waynesboro, Georgia. Commission Office of Filings and develop a meaningful figure for the cost Information Services Washington, DC Dated at Rockville, Maryland, this 29th day of compliance with Rule 17a–13. 20549 of January, 1999. Approximately 92% of all registered Extension: broker-dealers are subject to Rule 17a– For the Nuclear Regulatory Commission. Rule 17a–13, SEC File No. 270–27, OMB 13. Accordingly, approximately 7,156 David Jaffe, Control No. 3235–0035 broker-dealer to comply with the Rule is Senior Project Manager, Project Directorate Rule 11Ab2–1 and Form SIP, SEC File No. 100 hours per year, for a total estimated 270–23, OMB Control No. 3235–0043 II–2, Division of Reactor Projects—I/II Office annualized burden of 715,600 hours. It of Nuclear Reactor Regulation. Notice is hereby given that, pursuant should be noted that a significant [FR Doc. 99–2950 Filed 2–5–99; 8:45 am] to the Paperwork Reduction Act of 1995 number of firms subject to Rule 17a–13 BILLING CODE 7590±01±P (44 U.S.C. 3501 et seq.), the Securities have minimal obligations under the and Exchange Commission Rule because they do not hold (Commission) is soliciting comments on securities. It should further be noted the collections of information that most broker-dealers would engage summarized below. The Commission in the activities required by Rule 17a– plans to submit these existing 13 even if they were not required to do collections of information to the Office so. of Management and Budget for Rule 11Ab2–1 and Form SIP establish extension and approval. the procedures by which a Securities 6120 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Information Processor (SIP) files and information shall have practical utility; substance of which is included in this amends its SIP registration form. The (b) the accuracy of the agency’s estimate notice, during the notice period. information filed with the Commission of the burden of the proposed collection HEARING OR NOTIFICATION OF HEARING: An pursuant to Rule 11Ab2–1 and Form SIP of information, (c) ways to enhance the order granting the application will be is designed to provide the Commission quality, utility, and clarity of the issued unless the SEC orders a hearing. with the information necessary to make information collected; and (d) ways to Interested persons may request a the required findings under the minimize the burden of the collection of hearing by writing to the SEC’s Securities Exchange Act of 1934 (Act) information on respondents, including Secretary and serving Applicant with a before granting the SIP’s application for through the use of automated collection copy of the request, personally or by registration. In addition, the techniques or other forms of information mail, Hearing requests should be requirement that a SIP file an technology. Consideration will be given received by the SEC by 5:30 p.m. on amendment to correct any inaccurate to comments and suggestions submitted February 25,1999 and should be information is designed to assure that in writing within 60 days of this accompanied by proof of service on the Commission has current, accurate publication. Applicant in the form of an affidavit or, information will respect to the SIP. This Please direct your written comments for lawyers, a certificate of service. information is also made available to to Michael E. Bartell, Associate Hearing requests should state the nature members of the public. Executive Director, Office of of the writer’s interest, the reason for the Only exclusive SIPs are required to Information Technology, Securities and request, and the issues contested. register with the Commission. An Exchange Commission, 450 5th Street, Persons may request notification by exclusive SIP is an SIP that engages on N.W. Washington, DC 20549. writing to the SEC’s Secretary. an exclusive basis on behalf of any Dated: January 28, 1999. ADDRESSES: Secretary, SEC, 450 Fifth national securities exchange or Street, N.W., Washington, D.C. 20549. registered securities association, or any Margaret H. McFarland, Applicants, c/o Kirkpatrick & Lockhart, national securities exchange or Deputy Secretary. Attn: Robert J. Zutz, Esq. or Francine J. registered securities association which [FR Doc. 99–2892 Filed 2–5–99; 8:45 am] Rosenberger, Esq., 1800 Massachusetts engages on an exclusive basis on its own BILLING CODE 8010±01±M Avenue, NW, Suite 200, Washington, behalf, in collecting, processing, or preparing for distribution or D.C. 20036. publication, any information with SECURITIES AND EXCHANGE FOR FURTHER INFORMATION CONTACT: respect to (i) transactions or quotations COMMISSION Rachel H. Graham, Senior Counsel, at (202) 942–0583, or Nadya B. Roytblat, on or effective or made by means of any [Investment Company Act Release No. facility of such exchange or (ii) 23674; 812±11484] Assistant Director, at (202) 942–0564 quotations distributed or published by (Division of Investment Management, means of any electronic quotation Gradison Growth Trust, et al.; Notice of Office of Investment Company system operated by such association. Application February 2, 1999 Regulation). The Federal securities laws require that SUPPLEMENTARY INFORMATION: The AGENCY: before the Commission may approve the Securities and Exchange following is a summary of the registration of an exclusive SIP, it must Commission (‘‘SEC’’). application. The complete application make certain mandatory findings. It ACTION: Notice of an application under may be obtained for a fee from the SEC’s takes a SIP applicant approximately 400 section 6(c) of the Investment Company Public Reference Branch, 450 Fifth hours to prepare documents which Act of 1940 (‘‘Act’’) for an exemption Street, N.W., Washington, D.C. 20549 include sufficient information to enable from section 15(a) of the Act. (telephone (202) 942–8090). the Commission to make those findings. SUMMARY OF THE APPLICATION: The Applicants’ Representations Currently, there are only two exclusive requested order would permit the 1. The Trust is an Ohio business trust SIPs registered with the Commission. implementation, without prior The Securities Information Automation that is registered under the Act as an shareholder approval, of a new open-end management investment Corporation (SIAC) and the Nasdaq investment subadvisory agreement Stock Market, Inc. (Nasdaq). SIAC and company. The Trust currently offers (‘‘New Agreement’’) for a period Nasdaq are required to keep the four portfolios, one of which is the commencing on the later of the date on information on file with the International Fund (‘‘Fund’’). which the sale of a controlling interest Commission current, which entails 2. The Adviser is registered under the of the subadviser is consummated or the filing a form SIP annually to update Investment Advisers Act of 1940 date the requested order is issued and information. Accordingly, the annual (‘‘Advisers Act’’) and serves an continuing until the New Agreement is reporting and recordkeeping burden for investment adviser to the Fund approved or disapproved by Rule 11Ab2–1 and Form SIP is 400 pursuant to an investment advisory shareholders of the investment company hours. This annual reporting and agreement. The Adviser is a wholly- (but in no event later than March 22, recordkeeping burden does not include owned subsidiary of KeyCorp. the burden hours or cost of amending a 1999) (‘‘Interim Period’’). The order also 3. The Subadviser, which is organized Form SIP because the Commission has would permit, following shareholder as a Scottish limited partnership, is already overstated the compliance approval, the payment to the subadviser registered under the Advisers Act. The burdens by assuming that the of all fees it earns under the New Subadviser serves as a subadviser to the Commission will receive one initial Agreement during the Interim Period. Fund pursuant to an investment registration pursuant to Rule 11Ab2–1 APPLICANTS: Gradison Growth Trust subadvisory agreement with the on Form SIP a year. (‘‘Trust’’), McDonald Investments, Inc. Adviser. The Adviser pays the Written comments are invited on: (a) (‘‘Adviser’’), and Blairlogie Capital Subadviser out of the fee that the whether the proposed collection of Management (‘‘Subadviser’’). Adviser receives from the Fund. information is necessary for the proper FILING DATES: The application was filed 4. On October 24, 1998, PIMCO performance of the functions of the on January 27, 1999. Applicants have Advisors LP (‘‘PIMCO’’), a general agency, including whether the agreed to file an amendment, the partner of the Subadviser, and certain of Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6121

PIMCO’s affiliates entered into an terms of the New Agreement are in the board of directors,including a majority agreement pursuant to which they will best interests of the Fund and its of the non-interested directors; (ii) the sell 75% general partner interest in the shareholders. The Board, including a compensation to be paid under the new Subadviser to Alleghany Asset majority of the trustees who are not contract does not exceed the Management, Inc. (‘‘AAM’’) and certain ‘‘interested persons’’ of the Fund, as that compensation that would have been of its affiliates (the ‘‘Transaction’’). term is defined in section 2(a)(19) of the paid under the contract most recently Upon consummation of the Transaction, Act (‘‘Independent Trustees’’), approved approved by the company’s the Subadviser will become a subsidiary the New Agreement and voted to shareholders; and (iii) neither the of AAM, which in turn is the recommend that the Fund’s adviser nor any controlling person of investment management of Alleghany shareholders approve the New the adviser ‘‘directly or indirectly Corporation. Applicants expect Agreement. Proxy materials for the receives money or other benefit’’ in consummation of the Transaction on or shareholders meeting were mailed on connection with the assignment. about March 1, 1999. February 1, 1999. Applicants state that they may not be 5. Applicants state that the 7. Fees earned by the Subadviser entitled to rely on rule 15a–4 because Transaction may result in an under the New Agreement during the the Subadviser may be deemed to assignment, and thus termination, of the Interim Period will be maintained in an receive a benefit in connection with the existing subadvisory agreement between interest-bearing escrow account with an Transaction. the Adviser and the Subadviser. unaffiliated financial institution. The 3. Section 6(c) of the Act provides that Applicants request an exemption to escrow agent will release the amounts the SEC may exempt any person, permit the implementation, during the held in the escrow account (Including security, or transaction from any Interim Period and prior to obtaining any interest earned): (i) to the provision of the Act or any rule shareholder approval, of the New Subadviser upon approval of the New thereunder if and to the extent that such Agreement. The requested exemption Agreement by the Fund’s shareholders; exemption is necessary or appropriate would cover an Interim Period or (ii) to the Fund, if the Interim Period in the public interest and consistent commencing on the later of the date the has ended and the Fund’s shareholders with both the protection of investors Transaction is consummated or the date have not approved the New Agreement. and the purposes fairly intended by the the requested order is issued 1 and Before any such release is made, the policy and provisions of the Act. continuing until the New Agreement is Board will be notified. Applicants believe that the requested approved or disapproved by Fund relief meets this standard. Applicants’ Legal Analysis shareholders (but in no event later than 4. Applicants state that the terms and March 22, 1999).2 The requested order 1. Section 15(a) of the Act provides, timing of the Transaction were also would permit the Subadviser to in relevant part, that it is unlawful for determined in response to a number of receive all fees earned under the New any person to serve as an investment business factors beyond the scope of the Agreement during the Interim Period, adviser to a registered investment Act and substantially unrelated to the subject to approval of the New company, except pursuant to a written Fund. Applicants assert that there is Agreement by Fund shareholders. contract that has been approved by the insufficient time to obtain shareholder Applicants state that the New vote of a majority of the outstanding approval of the New Agreement before Agreement will contain substantially voting securities of the investment the Transaction is consummated. the same terms and conditions as the company. Section 15(a) further requires Applicants further assert that the subadvisory agreement most recently the written contract to provide for its requested relief would prevent any approved by the Fund’s shareholders, automatic termination in the event of its disruption in the delivery of investment except for changes to the assignment. Section 2(a)(4) of the Act subadvisory services to the Fund during commencement and termination dates. defines ‘‘assignment’’ to include any the period following consummation of 6. On September 14 and November 6, direct or indirect transfer of a the Transaction. 1998, the Trust’s Board of Trustees controlling block of the assignor’s 5. Applicants represent that, under (‘‘Board’’) met to evaluate whether the outstanding voting securities by a the New Agreement during the Interim security holder of the assignor. Section Period, the Fund will receive 1 Applicants state that if the consummation of the 2(a)(9) of the Act defines ‘‘control’’ as substantially identical investment Transaction precedes the issuance of the requested the power to exercise a controlling subadvisory services, provided in order, the Subadviser will serve after the influence over the management or substantially the same manner, as it consummation of the Transaction and prior to the issuance of the order in a manner consistent with policies of a company, and beneficial received prior to the consummation of its fiduciary duty to provide investment ownership of more than 25% of the the Transaction. Applicants state that, subadvisory services to the Fund even though voting securities of a company is in the event of any material change in approval of the New Agreement has not yet been presumed under Section 2(a)(9) to personnel of the Subadviser providing secured from the Fund’s shareholders. Applicants submit that, in such an event, the Subadviser will reflect control. Applicants state that the services pursuant to the New Agreement be entitled to receive from the Adviser, from the Transaction may result in an assignment during the Interim Period, the date of the consummation of the Transaction until of the existing subadvisory agreement Subadviser will apprise and consult the the issuance of the order, no more than the actual and that such agreement will terminate Board to assure that the Board, out-of-pocket cost to the Subadviser for providing investment subadvisory services to the Fund. according to its terms. including a majority of the independent 2 On October 23 1998, the Adviser’s parent 2. Rule 15a–4 under the Act provides, Trustees,is satisfied that the services company was acquired by KeyCorp. In anticipation in relevant part, that if an investment provided by the Subadviser will not be of that acquisition, Applicants obtained an order advisory contract with a registered diminished in scope and quality. from the Commission to permit the implementation, without shareholder approval, of new investment investment company is terminated by 6. Applicants note that the fees advisory and subadvisory agreements with the an assignment, an investment adviser payable to the Subadviser under the Fund for a period of up to 150 days. See Gradison- may act as such for the company for 120 New Agreement during the Interim McDonald Cash Reserve Trust, Investment days under a written contract that has Period will be at the same rate as the Company Act Rel. Nos. 23442 (Sept. 22, 1998) (notice) and 23484 (Oct. 14, 1998) (order) (‘‘Prior not been approved by the company’s fees paid under the subadvisory Order’’). Under the Prior Order, the Fund must hold shareholders, provided that; (i) the new agreement most recently approved by a shareholder meeting no later than March 22, 1999. contract is approved by that company’s the Fund’s shareholders. 6122 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Applicants’ Conditions SECURITIES AND EXCHANGE application. The complete application COMMISSION may be obtained for a fee from the Applicants agree as conditions to the Commission’s Public Reference Branch, issuance of the exemptive order [Investment Company Act Release No. 450 Fifth Street, N.W., Washington, D.C. 23673; 812±11406] requested by the application that: 20549 (telephone (202) 942–8090). 1. The New Agreement will have Horace Mann Mutual Funds et al.; Applicant’s Representations substantially the same terms and Notice of Application conditions as the subadvisory agreement 1. The Company, a Delaware business most recently approved by the Fund’s February 1, 1999. trust, is registered under the Act as an shareholders, except for the AGENCY: Securities and Exchange open-end management investment commencement and termination dates. Commission (‘‘Commission’’). company. The Company is currently 2. Fees earned by the Subadviser ACTION: Notice of an application under comprised of seven series (each a under the New Agreement during the section 6(c) of the Investment Company ‘‘Fund’’ and collectively, the ‘‘Funds’’), Interim Period will be maintained in an Act of 1940 (the ‘‘Act’’) for an each of which has its own investment 1 interest-bearing escrow account with an exemption from section 15(a) of the Act objective, policies and restrictions. The unaffiliated financial institution. The and rule 18f–2 under the Act, as well as shares of the Funds serve as funding escrow agent will release those fees from certain disclosure requirements. vehicles for variable annuity contracts (including any interest earned on those offered through separate accounts of the fees): (i) to the Subadviser upon SUMMARY OF THE APPLICATION:Appli- Horace Mann Life Insurance Company approval of the New Agreement by the cants, Horace Mann Mutual Funds (the (‘‘Horace Mann Life’’). Horace Mann Fund’s shareholders; or (ii) to the Fund, ‘‘Company’’) and Wilshire Associates Life is a wholly-owned indirect if the Interim Period has ended and the Incorporated (the ‘‘Adviser’’), request an subsidiary of Horace Mann Educators Fund’s shareholders have not approved order that would (a) permit applicants Corporation. The Adviser, a California the New Agreement. to enter into and materially amend sub- corporation, will serve as investment advisory agreements without adviser to the Funds beginning on 3. The Fund will promptly schedule shareholder approval and (b) grant relief March 1, 1999.2 The Adviser is a meeting of its shareholders to vote on from certain disclosure requirements. registered under the Investment approval of the New Agreement, which Advisers Act of 1940 (‘‘Advisers Act’’). will be held within the Interim Period FILING DATE: The application was filed on November 18, 1998. Applicants have 2. The Adviser will serve as (but in no event later than March 22, investment adviser to the Company 1999). agreed to file an amendment to the application during the notice period, the pursuant to an investment advisory 4. The Adviser and/or one or more of substance of which is reflected in this agreement between the Company and its affiliates or subsidiaries or the notice. the Adviser that was approved by the Subadviser, but not the Fund, will pay Hearing or Notification of Hearing: An Board of Trustees of the Company the cost of preparing and filing the order granting the application will be (‘‘Board’’), including a majority of the application. The Adviser and/or one or issued unless the Commission orders a Trustees who are not ‘‘interested more of its affiliates or subsidiaries, but hearing. Interested persons may request persons,’’ as defined in section 2(a)(19) not the Fund, will pay the costs relating a hearing by writing to the of the 1940 Act (‘‘Independent to the solicitation of shareholder Commission’s Secretary and serving Trustees’’), and the shareholders of the approval of the New Agreement. applicants with a copy of the request, Funds (‘‘Investment Advisory 5. The Subadviser will take all personally or by mail. Hearing requests Agreement’’). Under the Investment appropriate actions to ensure that the should be received by the Commission Advisory Agreement, the Adviser has scope and quality of subadvisory and by 5:30 p.m. on February 24, 1999, and overall general supervisory other services provided to the Fund should be accompanied by proof of responsibility for the investment during the Interim Period under the service on applicants in the form of an program of the Funds and, subject to the general supervision of the Board, has New Agreement will be at least affidavit or, for lawyers, a certificate of authority to select and contract with one equivalent, in the judgment of the service. Hearing requests should state or more subadvisers (each a ‘‘Portfolio Board, including a majority of the the nature of the writer’s interest, the Manager’’ and collectively, ‘‘Portfolio Independent Trustees, to the scope and reason for the request, and the issues Managers’’) to provide one or more quality of services provided under the contested. Persons who wish to be Funds with portfolio management subadvisory agreement most recently notified of a hearing may request services. Each Portfolio Manager will be approved by the Fund’s shareholders. In notification by writing to the an investment adviser registered under the event of any material change in Commission’s Secretary. the Advisers Act and will perform personnel providing services pursuant ADDRESSES: Secretary, Commission, 450 to the New Agreement during the services pursuant to a written agreement Fifth Street, N.W., Washington, D.C. with the Adviser (the ‘‘Sub-Advisory Interim Period, the Subadviser will 20549. Applicants, c/o Christine A. apprise and consult the Board to assure Scheel, Esq., Vedder, Price, Kaufman & 1 Applicants also request relief with respect to that the Board, including a majority of Kammholz, 222 North LaSalle Street, future series of the Company and all future the Independent Trustees, is satisfied Chicago, Illinois 60601–1003. registered open-end management investment that the services provided by the companies that are (a) advised by the Adviser or FOR FURTHER INFORMATION CONTACT: Subadviser will not be diminished in any entity controlling, controlled by, or under Emerson S. Davis, Sr., Senior Counsel, common control with the Adviser, and (b) operate scope or quality. at (202) 942–0714, or George J. Zornada, in substantially the same manner as the Funds and For the SEC, by the Division of Investment comply with the terms and conditions contained in Branch Chief, at (202) 942–0564 the application (‘‘Future Funds’’). The Company is Management, under delegated authority. (Division of Investment Management, the only existing investment company that Margaret H. McFarland, Office of Investment Company currently intends to rely on the order. Deputy Secretary. Regulation). 2 The Funds currently are advised by Horace Mann Investors, Inc., an investment adviser [FR Doc. 99–2932 Filed 2–5–99; 8:45 am] SUPPLEMENTARY INFORMATION: The registered under the Investment Advisers Act of BILLING CODE 8010±01±M following is a summary of the 1940. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6123

Agreement’’). Portfolio managers’ fees Applicants’ Legal Analysis include in their financial statements will be paid by the Adviser out of its 1. Section 15(a) of the Act provides, information about investment advisory fees from the Funds at rates negotiated in relevant part, that it is unlawful for fees. 7. Section 6(c) of the Act provides that with the Portfolio Managers by the any person to act as an investment the Commission may exempt any Adviser. adviser to a registered investment 3. Applicants represent that the person, security, or transaction or any company except pursuant to a written Adviser has over 25 years of experience class or classes of persons, securities, or contract that has been approved by the in the selection and supervision of transactions from any provision of the vote of the company’s outstanding investment managers for investment Act, or from any rule thereunder, if such voting securities. Rule 18f–2 under the programs. These programs include exemption is necessary or appropriate Act provides that each series or class of insurance company assets, mutual in the public interest and consistent stock in a series company affected by a funds, non-registered institutional with the protection of investors and the matter must approve such matter if the funds, and pension funds. The Adviser purposes fairly intended by the policies primarily advises its clients regarding Act requires shareholder approval. and provisions of the Act. Applicants 2. Forum N–1A is the registration customized asset allocation/multi- believe that their requested relief meets statement used by open-end investment manager structures and facilitates the this standard for the reasons discussed companies. Items 3, 6(a)(1)(ii), and implementation of such structures and below. the selection of various investment 15(a)(3) of Form N–1A require 8. Applicants assert that the Funds’ management organizations. Through the disclosure of the method and amount of investors will rely on the Adviser to use of its state-of-the-art proprietary the investment adviser’s compensation. select one or more Portfolio Managers performance analytics system, the 3. Form N–14 is the registration form best suited to achieve a Fund’s Adviser monitors managers and for business combinations involving investment objectives. Therefore, investment performance. The Adviser open-end investment companies. Item 3 applicants assert that, from the will employ its expertise to evaluate and of Form N–14 requires the inclusion of perspective of the investor, the role of select Portfolio Managers that have a ‘‘table showing the current fees for the the Portfolio Managers is comparable to shown the ability to effectuate the registrant and the company being that of individual portfolio managers Adviser’s investment policies and add acquired and pro forma fees, if different, employed by other investment advisory the most value to shareholders of the for the registrant after giving effect to firms. Applicants note that the Funds. The Adviser will select those the transaction.’’ Investment Advisory Agreement will Portfolio Managers that have 4. Rule 20a–1 under the Act requires remain subject to section 15(a) of the distinguished themselves through proxies solicited with respect to an Act and rule 18f–2 under the Act. successful performance in the market investment company to comply with 9. Applicants further assert that some sectors in which the respective Funds Schedule 14A under the Securities Portfolio Managers use a ‘‘posted’’ rate invest. The Adviser will review, Exchange Act of 1934 (the ‘‘Exchange schedule to set their fees. Applicants monitor and report to the Board Act’’). Item 22(a)(3)(iv) of Schedule 14A believe that some organizations may be regarding the performance and requires a proxy statement for a unwilling to serve as Portfolio Managers procedures of the Portfolio Managers shareholder meeting at which a new fee at any fee other than their ‘‘posted’’ fee and, subject to Board oversight, take will be established or an existing fee rates, unless the rates negotiated for the responsibility for selecting and increased to include a table of the Funds are not publicly disclosed. terminating Portfolio Managers. current and pro forma fees. Items Applicants believe that requiring 4. Applicants request relief to permit 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8), and disclosure of Portfolio Manager’s fees the Adviser to enter into and amend 22c(c)(9), taken together, require a proxy may deprive the Adviser of its Sub-Advisory Agreements without statement for a shareholder meeting at bargaining power while producing no shareholder approval. The requested which the advisory contract will be benefit to shareholders, since the total relief will not extend to a Portfolio voted upon to include the ‘‘rate of advisory fee they pay would not be Manager that is an affiliated person, as compensation of the investment affected. defined in section 2(a)(3) of the Act, of adviser,’’ the ‘‘aggregate amount of the the Company or the Adviser, other than investment adviser’s fee,’’ a description Applicants’ Conditions by reason of serving as a Portfolio of the ‘‘terms of the contract to be acted Applicants agree that any order Manager to one or more of the Funds (an upon,’’ and, if a change in the advisory granting the requested relief will be ‘‘Affiliated Portfolio Manager’’). fee is proposed, the existing and subject to the following conditions: 5. Applicants also request an proposed fees and the difference 1. Before an existing Fund may rely exemption from the various disclosure between the two fees. on the order requested in the provisions described below that may 5. Form N–SAR is the semi-annual application, the operation of the Fund require each Fund to disclose fees paid report filed with the Commission by in the manner described in the by the Adviser to the Portfolio registered investment companies. Item application will be approved by a Managers. The Company will disclose 48 of Form N–SAR requires investment majority of the outstanding voting for each Fund (both as a dollar amount companies to disclose the rate schedule securities (or, if the Fund serves as a and as a percentage of a Fund’s net for fees paid to their investment funding medium for any sub-account of assets): (i) the aggregate fees paid to the advisers, including the Portfolio a registered separate account, pursuant Adviser and Affiliated Portfolio Managers. to voting instructions provided by the Managers; and (ii) aggregate fees paid to 6. Regulation S–X sets forth the unitholders of the sub-account), as Portfolio Managers other than Affiliated requirements for financial statements defined in the Act, or, in the case of a Portfolio Managers (‘‘Aggregate Fee required to be included as part of Future Fund whose public shareholders Disclosure’’). For any Fund that investment company registration purchased shares on the basis of a employs an Affiliated Portfolio statements and shareholder reports filed prospectus containing the disclosure Manager, the Fund will provide separate with the Commission. Sections 6– contemplated by condition 2 below, by disclosure of any fees paid to the 07(2)(a), (b) and (c) of Regulation S–X the sole initial shareholder(s) before Affiliated Portfolio Manager. require that investment companies offering shares of that Future Fund to 6124 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices the public (or the variable contract the Affiliated Portfolio Manager derives For the Commission, by the Division of owners through a separate account). an inappropriate advantage. Investment Management, under delegated authority. 2. The Company will disclose in its 7. The Adviser will provide the prospectus the existence, substance and Margaret H. McFarland, Board, no less frequently than quarterly, effect of any order granted pursuant to Deputy Secretary. will information about the Adviser’s the application. In addition, each Fund [FR Doc. 99–2893 Filed 2–5–99; 8:45 am] profitability on a per Fund basis. This relying on the requested order will hold BILLING CODE 8010±01±M itself out to the public as employing the information will reflect the impact on management structure described in the profitability of the hiring or termination application. The prospectus will of any Portfolio Manager during the SECURITIES AND EXCHANGE prominently disclose that the Adviser applicable quarter. COMMISSION has ultimate responsibility (subject to 8. Whenever a Portfolio Manager is [Release No. 35±26970] oversight by the Board) to oversee the hired or terminated, the Adviser will Portfolio Managers and recommend provide the Board with information Filings Under the Public Utility Holding their hiring, termination, and showing the expected impact on the Company Act of 1935, as Amended replacement. Adviser’s profitability. (``Act'') 3. Within 90 days of the hiring of any new Portfolio Manager, shareholders 9. The Adviser will provide general January 29, 1999. (or, if the Fund serves as a funding management services to the Company Notice is hereby given that the medium for any sub-account of a and the Funds, including overall following filing(s) has/have been made registered separate account, the supervisory responsibility for the with the Commission pursuant to unitholders of the sub-account) will be general management and investment of provisions of the Act and rules furnished all information about the new each Fund, and, subject to review and promulgated under the Act. All Portfolio Manager of Sub-Advisory approval by the Board will (i) set each interested persons are referred to the Agreement that would be included in a Fund’s overall investment strategies; (ii) applications(s) and/or declaration(s) for proxy statement, except as modified to evaluate, select and recommend complete statements of the proposed permit Aggregate Fee Disclosure. This Portfolio Managers to manage all or a transaction(s) summarized below. The information will include Aggregate Fee part of a Fund’s assets; (iii) when application(s) and/or declaration(s) and Disclosure and any change in such appropriate, allocate and reallocate a any amendments is/are available for disclosure caused by the addition of a Fund’s assets among multiple Portfolio public inspection through the Commission’s Office of Public new Portfolio Manager. The Adviser Managers; (iv) monitor and evaluate the will meet this condition by providing Reference. investment performance of Portfolio these sharehodlers with an information Interested persons wishing to Managers; and (v) implement statement meeting the requirements of comment or request a hearing on the Regulation 14C, Schedule 14C, and Item procedures reasonably designed to application(s) and/or declaration(s) 22 of Schedule 14A under the Exchange ensure that the Portfolio Managers should submit their views in writing by Act, except as modified to permit comply with the relevant Fund’s February 22, 1999, to the Secretary, Aggregate Fee Disclosure. investment objective, policies, and Securities and Exchange Commission, 4. The Adviser will not enter into a restrictions. Washington, DC 20549, and serve a Sub-Advisory Agreement with an 10. No director, trustee or officer of copy on the relevant applicant(s) and/or Affiliated Portfolio Manager without the Company or the Adviser will own declarants(s) at the address(es) specified that Sub-Advisory Agreement, including directly or indirectly (other than below. Proof of service (by affidavit or, the compensation to be paid thereunder, through a pooled investment vehicle in case of an attorney at law, by being approved by the Fund’s that is not controlled by such person) certificate) should be filed with the request. Any request for hearing should shareholders (or if the Fund serves as a any interest in any Portfolio Manager identify specifically the issues of fact or funding medium for any sub-account of except for (i) ownership of interests in a registered separate account, pursuant law that are disputed. A person who so the Adviser or any entity that controls, to voting instructions provided by the requests will be notified of any hearing, is controlled by, or is under common unitholder of the sub-account. if ordered, and will received a copy of 5. At all times, a majority of the Board control with the Adviser; or (ii) any notice or order issued in the matter. will be Independent Trustees, and the ownership of less than 1% of the After February 22, 1999, the nomination of new or additional outstanding securities of any class of application(s) and/or declaration(s), as Independent Trustees will be at the equity or debt of a publicly-traded filed or as amended, may be granted discretion of the then-existing company that is either a Portfolio and/or permitted to become effective. Manager or an entity that controls, is Independent Trustees. Ameren Corporation 6. When a Portfolio Manager change controlled by, or is under common is proposed for a Fund with an control with a Portfolio Manager. [70–9423] Affiliated Portfolio Manager, the Board, 11. The Company will disclose in its Ameren Corporation (‘‘Ameren’’), a including a majority of the Independent registration statement the Aggregate Fee registered holding company, Union Trustees, will make a separate finding, Disclosure. Electric Company (‘‘UE’’), an electric reflected in the Board minutes, that the and gas public utility subsidiary of change is in the best interests of the 12. Independent counsel Ameren, and Ameren Services Company Fund and its shareholders, (or, if the knowledgeable about the Act and the (‘‘Ameren Services’’), a service company Fund serves as a funding medium for duties of Independent Trustees will be subsidiary of Ameren, all located at any sub-account of a registered separate engaged to represent the Independent 1901 Chouteau Avenue, St. Louis, account, in the best interests of the Trustees of the Company. The selection Missouri 63103, and Central Illinois Fund and the unitholders of any sub- of such counsel will remain within the Public Service Company (‘‘CIPS’’), and account) and does not involve a conflict discretion of the Independent Trustees. electric and gas public utility subsidiary of interest from which the Adviser or of Ameren, located at 607 East Adams, Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6125

Springfield, Illinois 62953, have filed an Rochester Gas and Electric HoldCo predominantly intrastate in character application-declaration under sections [70–9355] and will carry on their business substantially in the state of New York. 6(a), 7, 9(a), 10, and 12(b) of the Act and Rochester Gas and Electric HoldCo rules 43 and 54 under the Act. (‘‘HoldCo’’), 89 East Avenue, Rochester, Potomac Edison Company Applicants propose to establish and New York 14649, a wholly owned [70–9373] participate in a money pool (the subsidiary of Rochester Gas and Electric Potomac Edison Company (‘‘Potomac ‘‘Money Pool’’) through February 27, Corporation (‘‘RG&E’’), a gas and electric Edison’’), a public utility subsidiary of 2003. The specific terms and provisions public utility company, has filed an Allegheny Energy Inc. (‘‘Allegheny’’), a of the Money Pool will be forth in a application under section 3(a)(1) of the Act for an order exempting it from registered holding company, located at money pool agreement (‘‘Agreement’’) 10435 Downsville Pike, Hagerstown, among all of the applicants. The regulation under all of the provisions of the Act, except section 9(a)(2). Maryland, has filed an application applicants are proposing to establish the under section 9(c)(3) of the Act. Money Pool in order to coordinate and RG&E is a combination gas and electric public utility company Potomac Edison proposes, through provide for the short-term cash and operating in the state of New York. It December 31, 2001, to invest up to working capital requirements of UE, owns and operates electric generation, $250,000 to engage in preliminary CIPS and Ameren Services. transmission and distribution facilities development activities in connection UE’s aggregate principal amount of and natural gas distribution facilities with a joint venture project to develop borrowings outstanding at any one time serving approximately one million retail a business and technology park. from the Money Pool will be limited to customers in and around Rochester, Preliminary development activities may $500 million. Borrowings by CIPS and New York. include negotiations with real estate Ameren Services under the Money Pool HoldCo proposes to acquire all of the developers, preliminary engineering and will be exempt under rule 52. Ameren outstanding common stock of RG&E. licensing activities, contract drafting, will not borrow funds from the Money The acquisition will be accomplished consultations with tax, legal and other Pool. In accordance with the Agreement, through an exchange (‘‘Exchange’’) of professionals, and other necessary activities. funds for the Money Pool will be each outstanding share of RG&E Potomac Edison represents that the available from surplus funds in the common stock for one share of HoldCo common stock. As a result of the activities of the joint venture would be treasuries of UE, CIPS, Ameren Services Exchange, RG&E will become a limited to the development, lease and or and Ameren (‘‘Internal Funds’’), and subsidiary of HoldCo. The Exchange sale of a parcel of land located adjacent proceeds from bank borrowings and the requires the affirmative vote of two- to Potomac Edison’s and Allegheny’s sale of commercial paper by Ameren, thirds of the votes of the outstanding headquarters in Hagerstown, Maryland UE, and CIPS (‘‘External Funds’’).1 shares of RG&E common stock at RG&E (‘‘Property’’). It is anticipated that once No party will be required to borrow annual stockholder meeting, expected to the joint venture is formed, the real through the Money Pool if it is be held on April 29, 1999. estate developer would manage its day- determined that it could borrow at a In addition, Holdco would become to-day operations, Potomac Edison lower cost directly from banks or the direct parent of RG&E’s nonutility would transfer the Property to the joint through the sale of its own commercial subsidiaries, through a capital venture, and the developer would paper in an existing commercial paper contribution by RG&E to Holdco of provide capital for and oversee the program. Each participate will, in its RG&E’s interests in those subsidiaries development and market the Property as prior to Holdco’s acquisition of RG&E. 3 sole discretion, make the determination a business and technology park. These subsidiaries include Energetix, of whether it will lend funds to the Potomac Edison states that it will not Inc., which sells electric capacity and enter into the joint venture arrangement Money Pool. energy at market rates, and RGS without prior Commission approval. The loans will be made through open- Development Corporation, which account advances and will be repayable pursues unregulated energy business New Century Energies, Inc., et al. no later than one year after the date of opportunities.2 [70–9397] the advance. In addition, the loans may For the period ending on June 30, New Century Energies, Inc. (‘‘NCE’’), be repaid in whole at any time or in part 1998, RG&E had annual operating a registered holding company; NCE’s from time to time, without premium or revenues of $493.2 million. RG&E is utility subsidiaries, Public Service penalty. Ameren Services will subject to the regulatory authority of the Company of Colorado (‘‘PSCo’’) and administer the Money Pool on an ‘‘at New York Public Service Commission. Cheyenne Light, Fuel and Power cost’’ basis. HoldCo states that the proposed Company (‘‘Cheyenne’’); NCE’s restructuring plan is intended to permit Funds provided to the Money Pool nonutility subsidiaries, New Century the financial and regulatory flexibility Services, Inc. (‘‘NCS’’), West Gas that are not used to make loans will necessary to compete more effectively in ordinarily be invested in one or more Interstate, Inc., NC Enterprises, Inc. an increasingly competitive energy (‘‘Enterprises’’), New Century short-term investments or any other industry by providing a structure that investments that are permitted by International, Inc., e prime, inc. (‘‘e can accommodate both regulated and prime’’), PS Colorado Credit section 9(c) of the Act and rule 40 under unregulated businesses. the Act. Corporation (‘‘PSCCC’’), Natural Fuels HoldCo asserts that following the Corporation, P.S.R. Investments, Inc., Exchange, it will be a public utility Green and Clear Lakes Company, 1480 1 By order dated March 13, 1998 (HCAR No. holding company entitled to an Welton, Inc., The Planergy Group, Inc., 26841), Ameren is authorized, through February 27, exemption under section 3(a)(1) of the 2003, to obtain debt financing from third parties up to a maximum of $300 million. Under the terms of Act, because it and RG&E will be 3 Development activities are intended to include that order, UE and CIPS are authorized, through installation of the infrastructure (water, sewer and February 27, 2003, to obtain debt financing up to 2 Another nonutility subsidiary, Energyline other utilities), roads and other amenities, and a maximum of $1 billion for UE and $250 million Corporation, is currently inactive and is expected subdivision of the Property as necessary to create for CIPS. to be dissolved prior to the proposed restructuring. buildable and saleable lots. 6126 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices and New Century-Cadence, Inc., each under rule 42, (iii) working capital outstanding at any one time (‘‘NCE Debt located at 1225 17th Street, Denver, requirements of NCE and the Limitation’’). These debt securities will Colorado 80202–5533; NCE’s utility Subsidiaries, and (iv) other lawful consist of short-term debt having a subsidiary, Southwestern Public Service general purposes.5 Applicants represent maturity from the date of issue of not Company (together with PSCo and that no financing proceeds will be used more than one year and unsecured Cheyenne, ‘‘Utility Subsidiaries’’); and to acquire the equity securities of any debentures (‘‘Debentures’’) having a NCE’s nonutility subsidiaries, Quixx new subsidiary, unless that acquisition maturity of up to 40 years. The aggregate Corporation (‘‘Quixx’’) and Utility has been approved by the Commission principal amount of Debentures at any Engineering Corporation (‘‘UEC’’), each or is under an available exemption time outstanding will not exceed $300 located at Tyler at Sixth, Amarillo, under the Act or rules under the Act. In million. In addition, NCE proposes that Texas 79101 (collectively, addition, Applicants represent that any the NCE Debt Limitation be increased to ‘‘Applicants’’), have filed an use of proceeds to make investments in $975 million, of which $450 million application-declaration under sections any of the Subsidiaries formed under will consist of Debentures, if and when 6(a), 7, 9(a), 10, 12(b), 12(c), and 13(b) rule 58 will be subject to the investment PSCCC 7 becomes a direct subsidiary of of the Act and rules 43, 45, 46, 54 and limitation of the rule, and any use of NCE. 87 under the Act.4 proceeds to make investments in any Short-term debt may consist of bank As described more fully below, exempt wholesale generator (‘‘EWG’’) or borrowings which would mature in no Applicants seek authority through foreign utility company (‘‘FUCO’’) will more than one year from the date of the December 31, 2001 (the ‘‘Authorization be subject to the investment limitation borrowing, or commercial paper issued Period’’), except as otherwise noted, for: of rule 53, as it may be modified by to dealers. In addition, NCE may engage (i) external financings by NCE and order of the Commission in file no. 70– in other types of short-term financing Cheyenne; (ii) intrasystem financing, 9341.6 generally available to borrowers with including guarantees, between NCE and By orders dated August 1, 1997 and comparable credit ratings as it may certain of the Subsidiaries, and among May 14, 1998 (HCAR Nos. 26750 and deem appropriate in light of its needs certain of the Subsidiaries; (iii) NCE 26872, respectively), NCE and certain and market conditions at the time of and, to the extent not exempt under rule Subsidiaries were authorized to engage issuance. 52, the Subsidiaries to enter into in, among other things, various external Interest rates on the Debentures of one hedging transactions for existing and and intrasystem financing transactions or more series may be fixed, floating or anticipated debt in order to manage through December 31, 1999. These ‘‘multi-modal’’, i.e., interest rates that interest rate costs; (iv) the issuance by companies will relinquish the authority are periodically reset, alternating the Subsidiaries of types of securities granted in those orders on the effective between fixed and floating interest rates not exempt under rules 45 and 52; (v) date of an order by the Commission in for each reset period. NCE represents NCE and the Subsidiaries to establish, this proceeding approving the proposed that it will not issue any Debentures that guarantee the obligations of, and borrow transactions. are not rated at least investment grade the proceeds of the debt and equity at the time of original issuance by a issued by, one or more financing entities 1. NCE External Financings nationally recognized statistical rating (‘‘Financing Subsidiaries’’); (vi) NCE, a. Common Stock organization, without further Enterprises and any direct or indirect NCE requests authority to issue and Commission authorization. subsidiary of Enterprises to acquire the sell from time to time up to $1.25 billion c. Other Securities equity securities of one or more of its common stock, $1 par value per intermediate subsidiaries organized for NCE also request authority to issue share. In addition, NCE requests and sell other securities not specifically the purpose of acquiring, financing, and authority to issue an additional 30 holding the securities of one or more identified above. NCE requests that the million shares of common stock (subject Commission reserve jurisdiction over Nonutility Subsidiaries; (vii) Enterprises to adjustment to reflect any stock split) and any direct or indirect subsidiary of the issuance of securities other than from time to time through December 31, common stock, short-term debt and Enterprises to pay dividends out of 2008 under its benefit and dividend capital and unearned surplus; and (viii) Debentures, and represents that it will reinvestment plans. NCE also proposes file a post-effective amendment in this the Nonutility Subsidiaries to sell goods to issue options exercisable for Common and services to certain nonutility proceeding to supplement the record for Stock and issue Common Stock upon any other securities. associates at fair market prices, under an the exercise of those options. exemption from section 13(b) of the Act. 2. Utility Subsidiary External Financing The proceeds from the financings will b. Debt be used for general corporate purposes, NCE requests authority to issue and a. Cheyenne Short-Term Debt including: (i) capital expenditures of sell from time to time debt securities to Cheyenne requests authority to issue NCE and the Subsidiaries, (ii) nonassociates in an aggregate principal and sell from time to time up to $40 repayment, redemption, refunding or amount of up to $600 million million of short-term debt to purchase of securities of NCE or the nonassociates. The short-term financing Subsidiaries in transactions exempt 5 This includes the refinancing of interests held could include, without limitation, by Enterprises in Yorkshire Power Group Limited commercial paper sold in established 4 Except as otherwise noted, the term ‘‘Nonutility (‘‘Yorkshire’’), which indirectly owns a foreign domestic or European commercial paper Subsidiaries’’ means each of the direct and indirect utility company in the United Kingdom, Yorkshire nonutility subsidiaries of NCE, including those Electricity Group plc. NCE plans to make advances markets, bank lines and debt securities identified above, and their respective subsidiaries, or cash capital contributions to Enterprises to issued under Cheyenne’s indentures and the term ‘‘Subsidiaries’’ means the Utility enable Enterprises to prepay in whole or in part a and note programs. Maturities of short- Subsidiaries and the Nonutility Subsidiaries. In note issued to PSC to finance Enterprises’ term borrowings will not be greater than addition, the term ‘‘Nonutility Subsidiaries’’ refers acquisition from PSCo of a 50% interest in to any future direct or indirect nonutility Yorkshire. one year from the date of each loan. subsidiaries of NCE whose equity securities may be 6 In that filing, NCE is requesting authority to acquired in accordance with the Commission’s invest in EWGs and FUCOs the proceeds of 7 PSCCC, currently a subsidiary of PSCo, is authorization or in accordance with an exemption securities it issues in amounts aggregating up to engaged in financing and factoring fuel inventories provided under the Act or rules under the Act. 100% of its consolidated retained earnings. and accounts receivable. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6127 b. Other Securities exceed $800 million at any one time Purchase’’), (iii) a Put Options Purchase The Utility Subsidiaries also proposed outstanding, exclusive of any guarantees in combination with the sale of call to issue and sell other types of securities or other forms of credit support that are options on U.S. Treasury securities (a to nonassociates which do not qualify exempt under rule 45(b); provided, ‘‘Zero Cost Collar’’), (iv) transactions for exemption under rule 52 but which however, that if and when PSCCC involving the purchase or sale, are considered appropriate during the becomes a direct subsidiary of NCE, including short sales, of U.S. Treasury Authorization Period. Accordingly, the NCE may provide guarantees and other securities, or (v) some combination of a Utility Subsidiaries request that the forms of credit support in an aggregate Forward Sale, Put Options Purchase, Commission reserve jurisdiction over amount not to exceed $850 million Zero Cost Collar and/or other derivative the issuance of these additional types of (‘‘NCE Guarantee Limitation’’). or cash transactions, including In addition, the Subsidiaries request securities. The Utility Subsidiaries state structured notes, caps and collars. authority to issue guarantees and other they will file a post-effective forms of credit support (‘‘Subsidiary 6. Financing Subsidiaries amendment in this proceeding which Guarantees,’’ and together with NCE will describe the general terms and NCE and the Subsidiaries request Guarantees, ‘‘Guarantees’’) for amounts of each security and request a authority to acquire, directly or obligations of other Subsidiaries in an indirectly, the equity securities of one or supplemental order of the Commission aggregate principal amount not to more corporations, trusts, partnerships authorizing the issuance of that security. exceed $100 million at any one time or other entities created specifically for outstanding, exclusive of guarantees 3. Nonutility Subsidiary External the purpose of facilitating the financing that are exempt under rule 45(b) and Financings of the activities of NCE and the rule 52 (‘‘Subsidiary Guarantee Applicants believe that, in almost all Subsidiaries. The Financing Limitation’’). Applicants propose that cases, borrowings by the Nonutility Subsidiaries would issue long term debt the amount of NCE Guarantees and Subsidiaries will be exempt from prior or equity to third parties and transfer Commission authorization under rule Subisidiary Guarantees outstanding at any one time not be counted against the the proceeds of these financings to NCE 52(b). However, the Nonutility or associate companies in the NCE Subsidiaries request that the aggregate limits proposed in this filing for external financings or intrasystem holding company system. If the direct Commission reserve jurisdiction over financing. parent of a Financing Subsidiary is the issuance of any other securities to authorized in this or nay subsequent nonassociates where the exemption 5. Hedge Transactions proceeding to issue long term debt or under rule 52(b) would not apply. The NCE and, to the extent not exempt equity securities of a type similar to that Nonutility Subsidiaries state they will under rule 52, the Subsidiaries request issued by the Financing Subsidiary, file a post-effective amendment in this authority to enter into hedging then the amount of those securities proceeding which will describe the transactions (Interest Rate Hedges’’) issued by that Financing Subsidiary general terms and amounts of each with respect to existing indebtedness of would count against the limitation security and requet a supplemental these companies in order to manage and applicable to its parent for those order authorizing the issuance of that minimize interest rate costs. Interest securities. In these cases, however, security. Rate Hedges would only be entered into Guarantees entered into by the parent 4. Intrasystem Financing with counterparties which either have with respect to those securities would senior debt ratings, or are owned by not count against the NCE Guarantee a. General companies that have senior debt ratings, Limitation or the Subsidiary Guarantee NCE requests authority to provide equal to or greater than BBB, as Limitation, as the case may be. If the financing to the Subsidiaries and the published by Standard and Poor’s parent is not authorized in this or in a Subsidiaries propose to provide Rating Group, or an equivalent rating subsequent proceeding to issue long financing to other Subsidiaries in from Moody’s Investors Service, Fitch term debt or an equity security similar aggregate principal amount of up to Investor Service or Duff & Phelps. in type to the security issued by its $500 million outstanding at any one Interest Rate Hedges will involve the Financing Subsidiary, then any time, exclusive of financing that is use of financial instruments commonly Guarantee not exempt under rule 45 or exempt under rule 45(b) or rule 52. used in today’s capital markets, such as 52 that is entered into by the parent for These financings will generally be in the interest rate swaps, caps, collars floors, those securities would count against the form of cash capital contributions, open and structured notes (i.e., debt NCE Guarantee Limitation or Subsidiary account advances, inter-company loans, instrument in which the principal and/ Guarantee Limitation, as the case may and/or capital stock purchases. or interest payments are indirectly be. linked to the value of an underlying Intrasystem financing will provide 7. Intermediate Subsidiaries funds for general corporate purposes asset or index), or transactions involving and other working capital requirements, the purchase or sale, including short NCE, Enterprises 8 and Enterprises’ investments and capital expenditures. sales, of U.S. Treasury securities. subsidiaries request authority to acquire NCE or the lending Subsidiary will NCE and the Subsidiaries also request the equity securities of one or more determine, at its discretion, how much authority to enter into Interest Rate intermediate subsidiaries (‘‘Intermediate financing to give each borrowing Hedges with respect to anticipated debt Subsidiaries’’) organized for the purpose Subsidiary as its needs dictate during issuances in order to lock-in current of acquiring, financing, and holding the the Authorization Period. interest rates and/or manage interest securities of one or more Nonutility rate risk exposure. These transactions b. Guarantees Subsidiaries. The Intermediate would use: (i) a forward sale of U.S. Subsidiaries may also provide NCE requests auhtority to enter into Treasury futures contracts, U.S. management, administrative, project guarantees and provide other forms of Treasury securities and/or a forward credit support (‘‘NCE Guarantees’’) for swap (each a ‘‘Forward Sale’’), (ii) the 8 Enterprises serves as an intermediate holding obligations of any Subsidiary in an purchase of put options on U.S. company for certain of NCE’s nonutility aggregate principal amount not to Treasury securities (a ‘‘Put Options subsidiaries and investments. 6128 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices development, and operating services to arms’ length to one or more industrial requests will be notified of any hearing, these Nonutility Subsidiaries. or commercial customers purchasing if ordered, and will receive a copy of that electricity for their own use and not any notice or order issued in the matter. 8. Payment Of Dividends Out of Capital for resale, and/or (b) to an electric utility and Unearned Surplus After March 5, 1999, the application(s) company other than a Utility Subsidiary and/or declaration(s), as filed or as Enterprises and any direct or indirect at the purchaser’s ‘‘avoided cost’’ as amended, may be granted and/or subsidiary of Enterprises request determined in accordance with the permitted to become effective. authority to pay dividends out of capital regulations under PURPA; and unearned surplus to the extent (iv) The Client Company is a domestic Ameren Corporation, et al. allowed under applicable law and under EWG or QF that sells electricity at rates [70–9133] the terms of any credit or security based upon its cost of service, as instruments to which they may be approved by FERC or any state public Ameren Corporation (‘‘Ameren’’), a parties. utility commission having jurisdiction, registered holding company, Union Electric Company (‘‘UE’’), an electric 9. Exemption From Section 13(b) provided that the purchaser is not a and gas utility subsidiary company of 9 Utility Subsidiary; or Certain Nonutility Subsidiaries are (v) The Client Company is an ETC, a Ameren, Union Electric Development currently authorized, by order dated Rule 58 Subsidiary, or a Nonutility Company, a wholly owned nonutility August 1, 1997 (HCAR No. 26748), to Subsidiary that does not derive any part subsidiary company of UE, and Ameren provide services and goods at fair of its income from sales of goods, Services Company (‘‘AMS’’), Ameren’s market prices to associate companies services or other property to a Utility service company, all located at 1901 that are EWGs, FUCOs or qualifying Subsidiary. Chouteau Avenue, St. Louis, Missouri facilities (‘‘OFs’’), subject to certain 63103, Central Illinois Public Service restrictions. NCE and the Nonutility For the Commission by the Division of Investment Management, under delegated Company, an electric and gas utility Subsidiaries now wish to expand the subsidiary company of Ameren and scope of this exemption in two respects. authority. Margaret H. McFarland, CIPSCO Investment Company, a First, those Subsidiaries which may sell nonutility subsidiary company of Deputy Secretary. services or goods under an exemption Ameren, both located at 607 East from the cost standard of section 13(b) [FR Doc. 99–2894 Filed 2–5–99; 8:45 am] Adams, Springfield, Illinois 62739, and to associate nonutility companies would BILLING CODE 8010±01±M Electric Energy Incorporated, an indirect be expanded to also include all electric utility generating subsidiary of Nonutility Subsidiaries. Second, NCE Ameren, located at 2100 Portland Road, wishes to expand the categories of SECURITIES AND EXCHANGE Joppa, Illinois 62953 have filed a post- Nonutility Subsidiaries to which COMMISSION effective amendment under sections services and goods may be sold to also [Release No. 35±26972] 6(a), 7, 12(b), 32 and 33 of the Act and include exempt telecommunications rules 42, 45, 53 and 54 thereunder. companies (‘‘ETCs’’), subsidiaries Filings Under the Public Utility Holding formed under rule 58 (‘‘Rule 58 Company Act of 1935, as Amended By order dated March 13, 1998 (HCAR Subsidiaries’’), and other Nonutility (``Act'') No. 26841) (‘‘Financing Order’’), among Subsidiaries that do not derive any part other things, Ameren was authorized, of their income from sales of goods or February 1, 1999. through February 27, 2003 services to any of the Utility Notice is hereby given that the (‘‘Authorization Period’’) to: (1) issue Subsidiaries. following filings(s) has/have been made and sell up to 15 million shares of Accordingly, NCS and the Nonutility with the Commission pursuant to common stock (‘‘Common Stock’’); (2) Subsidiaries request an exemption provisions of the Act and rules issue commercial paper and/or other under section 13(b) of the Act to provide promulgated under the Act. All short-term debt (‘‘Short-Term Debt’’) in goods and services to any associate interested persons are referred to the an aggregate amount not to exceed $300 company (a ‘‘Client Company’’) at fair applications(s) and/or declaration(s) for million at any one time outstanding; market prices, if: complete statements of the proposed and (3) provide guarantees and similar (i) The Client Company is a FUCO or transactions(s) summarized below. The credit support (‘‘Guarantees’’) to its foreign EWG which derives no part of application(s) and/or declaration(s) and nonutility subsidiaries in an aggregate its income, directly or indirectly, from any amendments is/are available for amount not to exceed $300 million at the generation, transmission, or public inspection through the any one time outstanding. The distribution of electric energy for sale Commission’s Office of Public Commission also reserved jurisdiction within the United States; Reference. over the issuance and amount of other (ii) The Client Company is an EWG Interested persons wishing to types of securities pending completion which sells electricity at market-based comment or request a hearing on the of the record. Ameren now proposes, rates which have been approved by the application(s) and/or declaration(s) through the Authorization Period, to: (1) Federal Energy Regulatory Commission should submit their views in writing by increase the issuance and sale of (‘‘FERC’’), provided that the purchaser March 5, 1999, to the Secretary, common stock to 25 million shares; (2) is not a Utility Subsidiary; Securities and Exchange Commission, increase its Short-Term Debt up to an (iii) The Client Company is a QF Washington, D.C. 20549, and serve a aggregate amount not to exceed $1.5 within the meaning of the Public Utility copy on the relevant applicant(s) and/or billion at any one time outstanding; and Regulatory Policy Act of 1978 declarants(s) at the address(es) specified (3) increase its Guarantees on behalf of (‘‘PURPA’’) that sells electricity below. Proof of service (by affidavit or, nonutility subsidiaries up to an exclusively (a) at rates negotiated at in case of an attorney at law, by aggregate amount not to exceed $1 certificate) should be filed with the billion at any one time outstanding. All 9 These include NCS, UEC, Quixx, Quixx Power Services, Inc., Universal Utility Services Company, request. Any request for hearing should other terms, conditions and restrictions Precision Resource Company, e prime, e prime identify specifically the issues of fact or applicable to the Common Stock, Short- Operating, Inc. and ep3, L.P. law that are disputed. A person who so Term Debt and Guarantees, as set forth Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6129 in the Financing Order, remain companies or utility holding companies Clearance Officer, 1515 Wilson unchanged. of the same or reasonably comparable Boulevard, Arlington, Virginia, 22209– In addition, Ameren requests that the credit quality, as determined by the 2425. Commission release jurisdiction competitive capital markets.2 Written comments and reserved in the Financing Order to issue Ameren also seeks modification of the recommendations for the proposed and sell unsecured debentures use of proceeds authorized in the extension of clearance of the form (‘‘Debentures’’), through the Financing Order to permit the should be sent within 60 days of Authorization Period, in an amount not acquisition of one or more exempt publication of this notice to Selective to exceed $300 million.1 Ameren wholesale generators (‘‘EWG’’) or Service System, Reports Clearance represents that the aggregate principle foreign utility companies (‘‘FUCO’’). Officer, 1515 Wilson Boulevard, amount of Debentures and Short-Term Ameren represents that ‘‘aggregate Arlington, Virginia, 22209–2425. debt outstanding will not at any time investment’’ used to acquire EWGs or A copy of the comments should be exceed $1.5 billion. FUCOs will not exceed 50% of sent to the Office of Information and The Debentures will be issued under Ameren’s ‘‘consolidated retained Regulatory Affairs, Attention: Desk an indenture (‘‘Indenture’’) to be entered earnings.’’ 3At September 30, 1998, Officer, Selective Service System, Office into between Ameren and a national Ameren’s consolidated retained of Management and Budget, New bank, as trustee, including any earnings were approximately $1.53 Executive Office Building, Room 3235, successor trustee appointed under the billion. Washington, D.C. 20503. Indenture, with a supplemental Ameren further represents that it will Dated: January 29, 1999. indenture (‘‘Supplemental Indenture’’) not seek to recover, through the rates of Gil Coronado, to be executed in respect of each the utility subsidiaries, any losses that Director. separate offering of one or more series it may sustain in respect of any of Debentures. investment in an EWG or FUCO. [FR Doc. 99–2944 Filed 2–5–99; 8:45 am] Ameren contemplates that the BILLING CODE 8015±01±M Debentures would be issued and sold For the Commission, by the Division of directly to one or more purchasers in Investment Management, under delegated authority. privately negotiated transactions; or, to SELECTIVE SERVICE SYSTEM one or more investment banking or Margaret H. McFarland, underwriting firms or other entities who Deputy Secretary. Forms Submitted to the Office of would resell the Debentures; or, to the [FR Doc. 99–2895 Filed 2–5–99; 8:45 am] Management and Budget for Extension public through underwriters selected by BILLING CODE 8010±01±M of Clearance negotiation or competitive bidding or The following forms have been through selling-agents acting either as submitted to the Office of Management agent or as principal for resale to the SELECTIVE SERVICE SYSTEM and Budget (OMB) for extension of public either directly or through dealers. clearance in compliance with the Form Submitted to the Office of The maturity dates, interest rates, Paperwork Reduction Act (44 U.S. Management and Budget for Extension redemption and sinking fund provisions Chapter 35): and conversion features, if any, with of Clearance respect to the Debentures of a particular SSS Form No. and Title The following form, to be used only series, as well as any associated SSS Form 152, Alternative Service placement, underwriting or selling agent in the event that inductions into the armed services are resumed, has been Employment Agreement fees, commissions or discounts, if any, SSS Form 153, Employer Data Sheet will be established by negotiation or submitted to the Office of Management and Budget (OMB) for the extension of SSS Form 156, Skills Questionnaire competitive bidding and reflected in the SSS Form 157, Alternative Service Job clearance in compliance with the applicable Supplemental Indenture and Data Form Paperwork Reduction Act (44 U.S. purchase agreement or underwriting SSS Form 160, Request for Overseas Job Chapter 35): agreement setting forth the terms. Assignment Ameren, however, will not issue and SSS–9 SSS Form 163, Employment Verification sell any Debenture at interest rates in Title: Registrant Claim Form. Form SSS Form 164, Alternative Service excess of those generally obtainable at Purpose: Form is used to submit a Worker Travel Reimbursement the time of pricing or repricing of claim for postponement of induction or Request Debentures for securities having the reclassification. SSS Form 166, Claim for same or reasonably similar maturities Respondents: Registrants filing claims Reimbursement for Emergency and having reasonably similar terms, for either postponement or Medical Care conditions and features issued by utility reclassification. Frequency: One-time. Copies of the above identified forms 1 The Debentures (a) may be convertible into any Burden: The reporting burden is five can be obtained upon written request to other securities of Ameren, (b) will have maturities the Selective Service System, Reports ranging from one to 40 years, (c) may be subject to minutes or less per individual. optional and/or mandatory redemption in whole or Copies of the above identified form Clearance Officer, 1515 Wilson in part, at par or at various premiums above the can be obtained upon written request to Boulevard, Arlington, Virginia 22209– principle amount, (d) may be entitled to mandatory Selective Service System, Reports 2425. or optional sinking fund provisions, (e) may No changes have been made to the provide for reset of the coupon under a remarketing arrangement, and (f) may be called from existing 2 Ameren represents that it will not, without prior above identified forms. OMB clearance investors by a third party. In addition, Ameren may, Commission approval, issue any Debentures that is limited to requesting a three-year from time to time, defer the payment of interest on are not at the time of original issuance rated at least extension of the current expiration the Debentures of one or more series (which may investment grade by a nationally recognized dates. be fixed or floating or ‘‘multi-modal’’ debentures, statistical rating organization. i.e., debentures where the interest is periodically 3 Both ‘‘aggregate investment’’ and ‘‘consolidated Written comments should be sent reset, alternating between fixed and floating interest retained earnings’’ are defined in Rule 53(a) of the within 60 days after the publication of rates for each rest period). Act. this notice to: Selective Service System, 6130 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Reports Clearance Officer, 1515 Wilson Dated: January 29, 1999. ACTION: Notice of district office name Boulevard, Arlington, Virginia 22209– Gil Coronado, changes. 2425. Director. A copy of the comments should be [FR Doc. 99–2945 Filed 2–5–99; 8:45 am] SUMMARY: The U.S. Small Business sent to Office of Information and BILLING CODE 8015±01±M Administration has changed the names Regulatory Affairs, Attention: Desk of the following district offices in order Officer, Selective Service System, Office to more accurately reflect the broad of Management and Budget, New SMALL BUSINESS ADMINISTRATION geographic areas that they serve. Executive Office Building, Room 3235, Notice of District Office Name Changes Washington, D.C. 20435. AGENCY: U.S. Small Business Administration.

Old Name New Name

Casper District: 100 E. B Street, Rm. 4001, Casper, WY 82601 ...... Wyoming District: 100 E. B Street, Rm. 4001, Casper, WY 82601 Denver District: 721 19th Street, Suite 426 Denver, CO 80202 ...... Colorado District: 721 19th Street, Suite 426 Denver, CO 80202 Fargo District: 657 2nd Avenue, N., Room 219 Fargo, ND 58102 ...... North Dakota District: 657 2nd Avenue, N., Room 219 Fargo, ND 58102 Helena District: 301 S. Park, Room 334 Helena, MT 59626 ...... Montana District: 301 S. Park, Room 334 Helena, MT 59626 Salt Lake City District: 125 S. State Street, Room 2237 Salt Lake City, Utah District: 125 S. State Street, Room 2237 Salt Lake City, UT UT 84138. 84138 Sioux Falls District: 110 South Phillips Avenue Sioux Falls, SD 57102 .. South Dakota District: 110 South Phillips Avenue Sioux Falls, SD 57102

EFFECTIVE DATE: February 8, 1999. the environmental impact statement Department of Transportation Dockets FOR FURTHER INFORMATION CONTACT: Jo associated with L.S. Power’s proposed (SVC–124.3, Room PL–401), 400 Ann Van Vechten, 202–205–6808. power plant at Batesville. A Notice of Seventh Street, SW, Washington, DC Intent to prepare this EIS was published 20590, and should be served upon the Dated: January 29, 1999. in the Federal Register on August 14, parties listed in Attachment A to the Jo Ann Van Vechten. 1996, pages 42299–42300. A Notice of order. Acting Associate Administrator for Field Availability of a draft EIS (EIS No. Operations. FOR FURTHER INFORMATION CONTACT: Ms. 970181) was published by the Delores King, Air Carrier Fitness [FR Doc. 99–2916 Filed 2–5–99; 8:45 am] Environmental Protection Agency in the Division (X–56, Room 6401), U.S. BILLING CODE 8025±01±P Federal Register on May 23, 1997 page Department of Transportation, 400 28469–28470. Seventh Street, SW., Washington, DC Dated: January 28, 1999. 20590, (202) 366–2343. TENNESSEE VALLEY AUTHORITY Kathryn J. Jackson, Dated: February 2, 1999. Termination of Environmental Impact Executive Vice President, Resource Group. Charles A. Hunnicutt, Statement Process: Proposed Exercise [FR Doc. 99–2854 Filed 2–5–99; 8:45 am] Assistant Secretary for Aviation and of Option Purchase Agreement With BILLING CODE 8120±08±M International Affairs. LSP Energy Limited Partnership for [FR Doc. 99–2848 Filed 2–5–99; 8:45 am] Supply of Electric Energy BILLING CODE 4910±62±P AGENCY: Tennessee Valley Authority. DEPARTMENT OF TRANSPORTATION ACTION: Notice. Office of the Secretary DEPARTMENT OF TRANSPORTATION SUMMARY: The Tennessee Valley Application of Sun Jet International, Coast Guard Authority is announcing that it is Inc., for Fitness Redetermination terminating the environmental impact [USCG±1998±3584] statement (EIS) for the Proposed AGENCY: Department of Transportation. Proposed Modernization of the Coast Exercise of Option Purchase Agreement ACTION: Notice of order to show cause With LSP Energy Limited Partnership (Order 99–2–17) Docket OST–98–3957. Guard National Distress System for Supply of Electric Energy. AGENCY: Coast Guard, DOT. FOR FURTHER INFORMATION CONTACT: Greg SUMMARY: The Department of Transportation is directing all interested ACTION: Notice of the availability of the Askew, NEPA Administration, finding of no significant impact (FONSI) Tennessee Valley Authority, 400 West persons to show cause why it should not issue an order finding Sun Jet for the National Distress System Summit Hill Drive, Mail Stop WT 8C– Modernization Project (NDSMP). K, Knoxville, Tennessee 37902, 423– International, Inc., fit, willing, and able, 632–6418 or [email protected]. to resume interstate passenger charter SUMMARY: In accordance with the SUPPLEMENTARY INFORMATION: The air transportation operations. National Environmental Policy Act and Tennessee Valley Authority (TVA) no DATES: Persons wishing to file the Council of Environmental Quality longer holds an option to purchase objections should do so no later than Regulations, the Coast Guard has electric power from the proposed power February 12, 1999. approved its Programmatic plant to be constructed by L.S. Power ADDRESSES: Objections and answers to Environmental Assessment (PEA) for and located at Batesville, Mississippi. objections should be filed in Docket the National Distress System As a consequence, TVA is terminating OST–98–3957 and addressed to the Modernization Project (NDSMP). Based Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6131 on the final PEA, the Coast Guard makes for commercial aircraft operating in the FAA, in consultation with DOI, a finding of no significant impact Special Flight Rules Area (SFRA) in the withdrew this NPRM because the (FONSI) for the proposed NDSMP vicinity of Grand Canyon National Park agencies determined not to proceed Action. (GCNP), identified as Special Federal with an air tour route in the vicinity of ADDRESSES: The FONSI and final PEA Aviation Regulation Number 50–2 National Canyon and were considering are available for inspection or copying (SFAR 50–2); 2) new and modifications alternatives to this route. In addition, a at the Docket Management Facility, U.S. to the airspace in the SFRA; and, 3) a companion document to 63 FR 38233 Department of Transportation, Room PL limitation on the number of operations was published in the Federal Register 401, 400 Seventh Street SW., by commercial air tour aircraft in the that amended the Notice No. 96–15 Washington DC. between the hours of 9 SFRA. These actions represent concepts (Noise Limitations NPRM), by removing a.m. and 5 p.m. Monday through Friday, that are presently under consideration two sections, which first proposed a except Federal holidays. The telephone by the FAA. Any changes to the airspace National Canyon Corridor (63 FR 38232; number to the Docket Management or the air tour routes will be subject to July 10, 1998). For a comprehensive Facility is (202) 366–9329. You may also the public notice and comment history of actions taken and proposed access the final PEA and FONSI on the procedures. between December 1996 and May 1997, Internet at the Web Sites: http:// DATES: Written comments must be please see the NPRM to extend SFAR dms.dot.gov and http:// received on or before March 5, 1999. 50–2 (63 FR 67544; December 7, 1998). ndsmp.spawar.navy.mil. Questions concerning the supplemental The Supplemental EA FOR FURTHER INFORMATION CONTACT: For EA or the process being applied by the questions on this notice, contact Mr. FAA should be directed to William J. Information, data, opinions, and Gerald Busch, Commandant (G–AIR), Marx at the address listed below or at comments obtained throughout the U.S. Coast Guard, 2100 Second Street (202) 267–3075. course of the scoping process may be used in the preparation of the SW, Washington, DC. 20593–0001, ADDRESSES: Comments on this Notice of telephone: (202) 267–2643. For supplemental EA. The purpose of this Intent may be delivered or mailed, in Notice of Intent is to inform the public questions on viewing this docket triplicate, to: Federal Aviation contact Dorothy Walker, Chief, Dockets, and local, State, and Federal Administration, Attention; William J. government agencies that a Department of Transportation, Marx, Air Traffic Airspace Management, telephone (202) 366–9329. supplemental EA will be prepared. Also Environmental Programs Division, to provide those interested with an SUPPLEMENTARY INFORMATION: The final ATA–300, 800 Independence Avenue, opportunity to present their opinions, PEA is based on the draft PEA, which SW., Washington, DC 20591. Comments comments, information, or other was published in the Federal Register my be examined at the above address relevant observations concerning on June 5, 1998 (63 FR 30803), and between 9 a.m. and 4 p.m. weekdays, alternatives and potential reflects, as appropriate, comments except Federal holidays. environmental impacts relating to received on the draft PEA. FOR FURTHER INFORMATION CONTACT: implementation of these proposals, Dated: January 11, 1999. William J. Marx in writing at the above particularly in the Sanup area. The R.J. Casto, address or via telephone at (202) 267– proposed actions are concepts presently Rear Admiral, U.S. Coast Guard, Assistant 3075. under consideration by the FAA and Commandant for Acquisition. SUPPLEMENTARY INFORMATION: Based DOI. [FR Doc. 99–2972 Filed 2–5–99; 8:45 am] upon further discussions with interested There is currently a cap on the BILLING CODE 4810±15±M parties and consultation with Native number of commercial sightseeing American tribal representatives, the aircraft that can operate in the SFRA (61 FAA and DOI are specifically FR 69317; December 31, 1996). The DEPARTMENT OF TRANSPORTATION considering new commercial air tour FAA is also considering rulemaking to routes in the Sanup area and expanding establish a cap on the number of flights Federal Aviation Administration the Desert View Flight Free Zone further that these sightseeing aircraft can east. To a greater degree than existing operate. Intent To Prepare a Supplemental and prior proposed commercial air tour To maximize the opportunities for Environmental Assessment for the routes, these proposed actions would public participation in this Proposed Actions Related to the Grand minimize impact on traditional cultural environmental process, the FAA will Canyon National Park and To Conduct properties that were identified during mail copies of this Notice and a graphic Scoping consultation with Native American (labeled for planning purposes only) AGENCY: Federal Aviation tribal representatives pursuant to showing the proposed changes to the air Administration (FAA), DOT. Section 106 of the National Historic tour routes and proposed modifications ACTION: Notice of intent; request for Preservation Act. The scoping process to the airspace to those parties listed in comment. will consist of a public comment period Appendix A of the October 17, 1997 for involved and interested agencies and Written Reevaluation. The graphic SUMMARY: The FAA, in cooperation with persons to submit written comments containing the proposed air tour route the Department of the Interior (DOI), representing the concerns and issues changes and airspace modifications is announces its intent to prepare a they believe should be addressed in the not being published in today’s Federal Supplemental Environmental supplemental EA. Register due to the detail on the charts. Assessment (EA) pursuant to the Again these proposed actions represent National Environmental Policy Act Background a concept presently under consideration (NEPA) of 1969, as amended and On May 12, 1997 (62 FR 38233; May by the FAA and DOI. Any changes to applicable environmental laws, 15, 1997) the FAA issued a Notice the airspace configuration or the air tour regulations and orders. This proposing to modify two flight free routes will be subject to public notice supplemental EA will address the zones (FFZ) within GCNP with two and comment procedures. following proposed actions: 1) new and corridors through the FFZ. On July 10, In addition, the FAA will utilize for modifications to existing air tour routes 1998 (63 FR 38233; July 15, 1998) the scoping the public comments on the 6132 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Grand Canyon Final Rule, the Notice of Budget (OMB). Under new procedures National Survey of Drinking and Availability of Proposed Commercial established by the Paperwork Reduction Driving Attitudes and Behavior: 1999 Air Tour Routes, and the Notice of Act of 1995, before seeking OMB Type of Request—New information Proposed Rulemaking (NPRM), each approval, Federal Agencies must solicit collection requirement. dated December 31, 1996, the Notice of public comment on proposed OMB Clearance Number—None. Proposed Rulemaking for Establishment information collections, including Form Number—This collection of of Corridors in the GCNP SFRA and the extensions and reinstatements of information uses no standard forms. Notice of Availability of Commercial Air previously approved collections. This Requested Expiration Date of Tour Routes, both dated May 15, 1997, document describes one collection of Approval—February 28, 2000 the Notice of Clarification dated October information for which NHTSA intends 31, 1997, the Notice of Meeting to seek OMB approval. Summary of the Collection of [Flagstaff] dated April 10, 1998 (63 FR Information DATES: Comments must be received on 18964; April 15, 1998) and the final or before April 9, 1999. In 1991, NHTSA conducted the first Environmental Assessment and written in a series of biennial surveys of the reevaluations prepared in support of ADDRESSES: Direct all written comments driving-aged public (aged 16 or older) to these Notices and rulemaking to U.S. Department of Transportation identify patterns and trends in public documents. Dockets, 400 Seventh Street, SW, Plaza attitudes and behaviors towards The commercial air tour routes will be 401, Washington, DC 20590. Docket No. drinking and driving. The proposed issued for public comment in a Notice NHTSA–99–5020. study, to be administered in the 3rd of Availability of Proposed Air Tour FOR FURTHER INFORMATION CONTACT: Paul quarter of 1999, and the fifth in this Routes concurrently with Notices of J. Tremont, Ph.D., Contracting Officer’s series of biennial surveys, will collect Proposed Rulemaking for the airspace Technical Representative, Office of data on topics included in the first four modification and limitation on Research and Traffic Records (NTS–31), studies (and several additional topics), operations. including: frequency of drinking and The FAA expects to issue the Washington, DC 20290, telephone 202– driving and of riding with an impaired supplemental EA in the summer of 366–5587. driver, ways to prevent drinking and 1999, concurrently for public comment SUPPLEMENTARY INFORMATION: Under the driving, enforcement of drinking driving with these documents. The FAA plans Paperwork Reduction Act of 1995, laws including the use of sobriety to provide a period of sixty days for before an agency submits a proposed checkpoints, understanding of BAC public comment on the supplemental collection of information to OMB for levels and legal limits, and crash and EA. The public will be notified about approval, it must publish a document in injury experience. the availability of the supplemental EA the Federal Register providing for a 60- The survey will be administered by for comment through the Federal day comment period and to allow for telephone to a national probability Register and other appropriate media. consultation with affected agencies and sample of the driving age public (aged Any person may have their name members of the public concerning each added to the mailing list, receive a copy 16 years or older as of their last proposed collection of information. The birthday). Participation by respondents of the graphic containing the proposed OMB has promulgated regulations changes and modifications, and/or is voluntary. The interview is describing what must be included in anticipated to average 20–25 minutes; obtain a copy of the supplemental EA such a document. Under OMB’s when it becomes available, by for non-drinkers and non-drivers the regulations (at 5 CFR 1320.8(d)), an interview will average below 20 submitting a request to the FAA contact agency must ask for public comment on identified above. minutes, while for drinker-drivers it the following: will average slightly over 20 minutes. Issued in Washington, D.C. on February 3, (i) Whether the proposed collection of Interviewers will use computer 1999. information is necessary for the proper assisted telephone interviewing to William J. Marx, performance of the functions of the reduce survey administration time and Manager, Environmental Programs Division, agency, including whether the to minimize data collection errors. A Office of Air Traffic Airspace Management. information will have practical utility; Spanish-language questionnaire and bi- [FR Doc. 99–2934 Filed 2–5–99; 8:45 am] (ii) The accuracy of the agency’s lingual interviewers will be used to BILLING CODE 4910±13±M estimate of the burden of the proposed reduce language barriers to collection of information, including the participation. All respondent’s results validity of the methods and will remain anonymous and completely DEPARTMENT OF TRANSPORTATION assumptions; confidential. Participant names are not National Highway Traffic Safety (iii) How to enhance the quality, collected during the interview and the Administration utility, and clarity of the information to telephone number used to reach the be collected; and respondent is separated from the data [U.S. DOT Docket No. NHTSA±99±5020] record prior to its entry into the (iv) How to minimize the burden of analytical database. Reports, Forms, and Record Keeping the collection of information on those Requirements who are to respond, including the use Description of the Need for the of appropriate automated, electronic, Information and Proposed Use of the AGENCY: National Highway Traffic mechanical, or other technological Information Safety Administration (NHTSA), DOT. collection techniques or other forms of More than 327,000 persons were ACTION: Request for public comment on information technology, e.g., permitting proposed collection of information. reported injured and more than 16,000 electronic submission of responses. persons died in alcohol-related motor SUMMARY: Before a Federal Agency can In response to these requirements, vehicle crashes in 1997, (Traffic Safety collect certain information from the NHTSA asks for public comment on the Facts: 1997, NHTSA-National Center for public, it must receive approval from following proposed collection of Statistics and Analysis). NHTSA is the Office of Management and the information: committed to the development of Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6133 effective programs to reduce the DEPARTMENT OF TRANSPORTATION If the notice contains false or incidence of these crashes. In order to misleading information, the exemption properly plan and evaluate programs Surface Transportation Board is void ab initio. Petitions to reopen the proceeding to revoke the exemption directed at reducing alcohol-impaired [STB Finance Docket No. 33707] driving, the agency needs to under 49 U.S.C. 10502(d) may be filed periodically update its knowledge and Albany Bridge Company, Inc., Georgia at any time. The filing of a petition to understanding of the public’s attitudes & Florida Railroad Co., Inc., and Live reopen will not automatically stay the and behaviors with respect to drinking Oak, Perry & Georgia Railroad transaction. and driving. Company, Inc.ÐCorporate Family An original and 10 copies of all pleadings, referring to STB Finance The findings from this proposed Transaction ExemptionÐGulf & Ohio Railways, Inc. Docket No. 33707, must be filed with collection will assist NHTSA in the Surface Transportation Board, Office addressing the problem of alcohol- Albany Bridge Company, Inc., Georgia of the Secretary, Case Control Unit, 1925 impaired driving and in formulating & Florida Railroad Co., Inc., and Live K Street, NW., Washington, DC 20423– programs and recommendations to Oak, Perry & Georgia Railroad Company, 0001. In addition, a copy of all Congress. NHTSA will use the findings Inc. (Railroad Companies), and Gulf & pleadings must be served on Jo A. to help focus current programs and Ohio Railways, Inc. (G&O), have jointly DeRoche, Weiner, Brodsky, Sidman & activities to achieve the greatest benefit, filed a notice of exemption. The Kider, P.C., Suite 800, 1350 New York to develop new programs to decrease Railroad Companies and G&O are Avenue, NW., Washington, DC 20005– the likelihood of drinking and driving wholly owned by Gulf & Ohio Railways 4797. behaviors, and to provide informational Holding Co., Inc. (Holding Company), Board decisions and notices are support to states, localities, and law and the Holding Company is wholly available on our website at enforcement agencies that will aid them owned by H. Peter Claussen and Linda ‘‘WWW.STB.DOT.GOV.’’ 1 in their efforts to reduce drinking and C. Claussen. The Railroad Companies Decided: January 29, 1999. driving crashes and injuries. will be merged into G&O, with G&O as By the Board, David M. Konschnik, Description of the Likely Respondents the surviving corporation. Director, Office of Proceedings. The transaction was scheduled to be (Including Estimated Number, and Vernon A. Williams, consummated on or shortly after Proposed Frequency of Response to the Secretary. January 21, 1999. Collection of Information) [FR Doc. 99–2666 Filed 2–5–99; 8:45 am] The proposed merger is intended to BILLING CODE 4910±00±P Under this proposed collection, a consolidate the operations of the telephone interview averaging Railroad Companies and G&O, and to eliminate administrative and operating approximately 20 minutes in length DEPARTMENT OF THE TREASURY would be administered to each of 6,000 inefficiencies, improve service, and to randomly selected members of the improve the financial viability of the [Treasury Directive Number 15±29] general public age 16 and older. The surviving corporation. Delegation of Authority to the respondent sample would be selected This is a transaction within a Commissioner, United States Customs from all 50 states plus the District of corporate family of the type specifically Service, To Investigate Violations of 18 Columbia. Interviews would be exempted from prior review and U.S.C. § § 1956 and 1957 conducted with persons at residential approval under 49 CFR 1180.2(d)(3). The parties state that the transaction phone numbers selected using random January 21, 1999. will not result in adverse changes in digit dialing. No more than one 1. Purpose. This Directive delegates to service levels, significant operational respondent per household would be the Commissioner, United States changes, or a change in the competitive selected, and each sample member Customs Service, authority to balance with carriers outside the would complete just one interview. investigate violations of 18 U.S.C. corporate family. Businesses are ineligible for the sample §§ 1956 and 1957. and would be not be interviewed. Under 49 U.S.C. 10502(g), the Board 2. Delegation. By virtue of the may not use its exemption authority to authority vested in the Secretary of the Estimate of the Total Annual reporting relieve a rail carrier of its statutory Treasury by 18 U.S.C. § § 981, 1956(e) and Record Keeping Burden Resulting obligation to protect the interests of its and 1957(e) and the authority delegated From the Collection of Information employees. Section 11326(c), however, to the Under Secretary (Enforcement) by does not provide for labor protection for NHTSA estimates that respondents in Treasury Order (TO) 101–05, there is transactions under sections 11324 and hereby delegated to the Commissioner, the sample would require an average of 11325 that involve only Class III rail 20 minutes to complete the telephone United States Customs Service: carriers. Because this transaction a. Investigatory authority over interview. Thus, the number of involves Class III rail carriers only, the violations of 18 U.S.C. § 1956 or 1957 estimated reporting burden on the Board, under the statute, may not involving 18 U.S.C. § § 542, 545, 549, general public would be a total of 2000 impose labor protective conditions for 659, 1461–63, 1465, 2251–52, 2314, hours for the proposed survey. The this transaction. 2320, and 2321; 19 U.S.C. § 1590; 21 respondents would not incur any U.S.C. § 863; offenses under § 11 of the reporting or record keeping cost from 1 See Abany Bridge Company, Inc., Georgia & Export Administration Act of 1979 (50 the information collection. Florida Railroad Co., Inc., Gulf & Ohio Railways, U.S.C. App. § 2410); offenses under Rose A. McMurray, Inc., Lexington & Ohio Railroad Co., Inc,, Live Oak, Perry & Georgia Railroad Company, Inc., Piedmont § 206 of the International Emergency Associate Administrator for Traffic Safety & Atlantic Railroad Co., Inc., Rocky Mount & Economic Powers Act (50 U.S.C. Programs, National Highway Traffic Safety Western Railroad Co., Inc., Wiregrass Central § 1705); offenses under § 16 of the Administration. Railroad Company, Inc.—Corporate Family Transaction Exemption—Gulf & Ohio Railways Trading With the Enemy Act (50 U.S.C. [FR Doc. 99–3008 Filed 2–5–99; 8:45 am] Holding Co., Inc., STB Finance Docket No. 33576 App. § 16); and offenses under § 38 of BILLING CODE 4910±59±P (STB served Apr. 10, 1998). the Arms Export Control Act (22 U.S.C. 6134 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

§ 2778) (relating to the exportation, and coordination in the ‘‘Memorandum DEPARTMENT OF THE TREASURY intrasit, temporary import, or temporary of Understanding Among the Secretary export transactions). of the Treasury, the Attorney General [Treasury Directive Number 15±42] b. Investigatory authority over and the Postmaster General Regarding violations of 18 U.S.C. Delegation of Authority to the Money Laundering Investigations,’’ Commissioner, Internal Revenue § 1956(a)(2)(B)(ii), involving a reporting dated August 16, 1990, or any such violation under 31 U.S.C. § 5316; Service, To Investigate Violations of 18 subsequent memorandum of U.S.C. 1956 and 1957 c. Investigatory authority over understanding entered pursuant to 18 violations of 18 U.S.C. § 1956(a)(3) U.S.C. § 1956(e) or 1957(e). January 21, 1999. relating to violations within the d. With respect to seizure and 1. Purpose. This Directive delegates to investigatory jurisdiction of the U.S. the Commissioner, Internal Revenue Customs Service under paragraphs 2.a. forfeiture operations and activities within its investigative jurisdiction, U.S. Service (IRS), authority to investigate and b.; and violations of 18 U.S.C. 1956 and 1957. d. Seizure and forfeiture authority and Customs Service shall comply with the 2. Delegation. By virtue of the related authority under 18 U.S.C. § 981 policy, procedures, and directives authority vested in the Secretary of the relating to violations of 18 U.S.C. § 1956 developed and maintained by the Treasury by 18 U.S.C. 981, 1956(e), or 1957 within the investigatory Treasury Executive Office for Asset 1957(e) and the authority delegated to jurisdiction of the Customs Service Forfeiture. Compliance will include the Under Secretary (Enforcement) by under paragraphs 2.a., 2.b., and 2.c., and adhering to the oversight, reporting, and Treasury Order (TO) 101–05, there is seizure authority under 18 U.S.C. § 981 administrative requirements relating to hereby delegated to the Commissioner, relating to any other violation 18 U.S.C. seizure and forfeiture contained in such IRS: § 1956 or 1957 if the bureau with policy, procedures, and directives. a. Investigatory authority over investigatory authority is not present to 6. Ratification. To the extent that any violations of 18 U.S.C. 1956 and 1957 make the seizure. Property seized under action heretofore taken consistent with where the underlying conduct is subject 18 U.S.C. § 981 where investigatory this Directive may require ratification, it to investigation under Title 26 or under jurisdiction is with another bureau not is hereby approved and ratified. the Bank Secrecy Act, as amended; or 31 present at the time of the seizure shall 7. Authorities: U.S.C. 5311–5328 (other than violations be turned over that bureau. 3. Forfeiture Remission. The a. 18 U.S.C. §§ 542, 545, 659, 981, of 31 U.S.C. 5316); Commissioner, United States Customs 1461–1463, 1465, 1956, 1957, 2251–52, b. Seizure and forfeiture authority Service, is authorized to remit or 2314, 2320 and 2321. over violations of 18 U.S.C. 981 relating to violations of: mitigate forfeitures of property valued at b. 19 U.S.C. § 1590. (1) 31 U.S.C. 5313 and 5324; and not more than $500,000 seized pursuant c. 21 U.S.C. § 863. to paragraph 2.d. (2) 18 U.S.C. 1956 and 1957 which are 4. Redelegation. The authority d. 22 U.S.C. § 2778. within the investigatory jurisdiction of delegated by this directive may be e. 31 U.S.C. § 5316. IRS pursuant to paragraph 2.a.; and c. Seizure authority relating to any redelegated. f. 50 U.S.C. App. § 16, 50 U.S.C. 1705, 5. Coordination: other violation of 18 U.S.C. 1956 or a. If at any time during an and App. 2410. 1957 if the bureau with investigatory investigation of a violation of 18 U.S.C. g. TO 101–05, ‘‘Reporting authority is not present to make the § 1956 or 1957, the U.S. Customs Relationships and Supervision of seizure. Property seized under 18 U.S.C. Service discovers evidence of a matter Officials, Offices and Bureaus, 981 where investigatory jurisdiction is within the jurisdiction of another Delegation of Certain Authority, and solely with another bureau not present Treasury bureau or office, the U.S. Order of Succession in the Department at the time of the seizure shall be turned Customs Service shall immediately of the Treasury,’’ dated October 29, 1998 over to that bureau. notify that bureau or office with or successor documents. 3. Forfeiture Remission. The investigatory jurisdiction of the h. TO 102–14, ‘‘ Delegation of Commissioner, IRS, is authorized to investigation and invite that bureau or Authority with Respect to the Treasury remit or mitigate forfeitures of property office to participate in the investigation. Forfeiture Fund Act of 1992,’’ dated valued at not more than $500,000 seized The Commissioner, U.S. Customs January 10, 1995 or successor pursuant to paragraph 2.b. Service, shall attempt to resolve documents. 4. Redelegation. The authority disputes over investigatory jurisdiction delegated by this directive may be with other Treasury bureaus at the field 8. Cancellation. Treasury Directive redelegated. level or, in the case of the Office of 15–29, ‘‘Delegation of Authority to the 5. Coordination. Foreign Assets Control, at the Commissioner, United States Customs a. If at any time during an headquarters level. Service to Investigate Violations of 18 investigation of a violation of 18 U.S.C. b. The Under Secretary (Enforcement) U.S.C. §§ 1956 and 1957,’’ dated 1956 or 1957, IRS discovers evidence of shall settle dispute that cannot be September 11, 1995, is superseded. a matter within the jurisdiction of resolved by the bureaus. The Under 9. Expiration Date. This Directive another Treasury bureau, to the extent Secretary (Enforcement) shall settle shall expire three years from the date of authorized by law, IRS shall disputes over investigatory jurisdiction issuance unless superseded or canceled immediately notify that bureau of the with the Internal Revenue Service in prior to that date. investigation and invite that bureau to consultation with the Commissioner, 10. Office of Primary Interest. Office participate in the investigation. The Internal Revenue Service. of the Under Secretary (Enforcement). Commissioner, IRS, shall attempt to c. With respect to matters discovered resolve disputes over investigatory within the investigatory jurisdiction of a James E. Johnson, jurisdiction with other Treasury bureaus Department of Justice bureau or the Under Secretary (Enforcement). at the field level. Postal Service, the U.S. Customs Service [FR Doc. 99–2868 Filed 2–5–99; 8:45 am] b. The Under Secretary (Enforcement) shall adhere to the provisions on notice BILLING CODE 4810±25±M shall settle disputes that cannot be Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6135 resolved by the bureaus in consultation DEPARTMENT OF THE TREASURY the Executive Branch,’’ dated October 1, with the Commissioner, IRS. 1993. [Treasury Order Number 101±05] c. With respect to matters discovered 7. The Deputy Assistant Secretary within the investigatory jurisdiction of a Reporting Relationships and (Information Systems) reporting to the Department of Justice bureau or the Supervision of Officials, Offices and Assistant Secretary (Management) and Postal Service, IRS shall adhere to the Bureaus, Delegation of Certain Chief Financial Officer is designated as provisions on notice and coordination Authority, and Order of Succession in the Department’s Chief Information in the ‘‘Memorandum of Understanding the Department of the Treasury Officer pursuant to Division E of the Among the Secretary of the Treasury, Clinger-Cohen Act of 1996, and E.O. the Attorney General and the Postmaster January 7, 1999. 13011, dated July 16, 1996, and shall General Regarding Money Laundering By virtue of the authority vested in have direct access to the Secretary to the Investigations,’’ dated August 16, 1990, the Secretary of the Treasury, including extent required by that Act and related or any such subsequent memorandum of the authority vested by 31 U.S.C. 321(b), statutes. understanding entered pursuant to 18 and Executive Order (E.O.) 11822, dated 8. The Deputy Secretary is authorized, U.S.C. 1956(e) or 1957(e). December 10, 1974, it is ordered that: in that official’s own capacity and that 1. The Deputy Secretary shall report official’s own title, to perform any d. With respect to seizure and directly to the Secretary. functions the Secretary is authorized to forfeiture operations and activities 2. The Chief of Staff shall report perform and shall be responsible for within its investigative jurisdiction, IRS directly to the Secretary and shall referring to the Secretary any matter on shall comply with the policy, exercise supervision over the Director, which action would appropriately be procedures, and directives developed Secretary’s Scheduling Office, and the taken by the Secretary. Any action and maintained by the Treasury Executive Secretary. heretofore taken by the Deputy Executive Office for Asset Forfeiture. 3. The Executive Secretary shall Secretary in that official’s own title is Compliance will include adhering to the report directly to the Chief of Staff and hereby affirmed and ratified as the oversight, reporting, and administrative shall exercise supervision over the action of the Secretary. requirements relating to seizure and functions of the Executive Secretariat 9. The Under Secretaries, the General forfeiture contained in such policy, Correspondence Unit; the Office of Counsel, and the Assistant Secretaries procedures, and directives. Public Correspondence; and, for are authorized to perform any functions 6. Ratification. To the extent that any purposes of administrative and the Secretary is authorized to perform. action heretofore taken consistent with managerial control, over the Special Each of these officials will ordinarily this Directive may require ratification, it Assistant to the Secretary (National perform under this authority only is hereby approved and ratified. Security). The Special Assistant to the functions which arise out of, relate to, 7. Authorities. Secretary (National Security) shall or concern the activities or functions of, report to the Secretary and the Deputy or the laws administered by or relating a. 18 U.S.C. 981, 1956 and 1957. Secretary. to, the bureaus, offices, or other b. 31 U.S.C. 5311–5328 (other than 4. The following officials shall report organizational units over which the violations of 31 U.S.C. 5316). through the Deputy Secretary to the incumbent has supervision. Each of c. TO 101–05, ‘‘Reporting Secretary and shall exercise supervision these officials shall perform under this Relationships and Supervision of over those officers and organizational authority in the official’s own capacity Officials, Offices and Bureaus, entities set forth on the attached and the official’s own title and shall be Delegation of Certain Authority, and organizational chart: responsible for referring to the Secretary Order of Succession in the Department Under Secretary (International Affairs) any matter on which action would of the Treasury,’’ dated October 29, Under Secretary (Domestic Finance) appropriately be taken by the Secretary. 1998, or successor documents. Under Secretary (Enforcement) Any action heretofore taken by any of General Counsel these officials in that official’s own title d. TO 102–14, ‘‘Delegation of Assistant Secretary (Legislative Affairs is hereby affirmed and ratified as the Authority with Respect to the Treasury and Public Liaison) action of the Secretary. Forfeiture Fund Act of 1992,’’ dated Assistant Secretary (Public Affairs) 10. The following officials shall, in January 10, 1995, or successor Assistant Secretary (Economic Policy) the order of succession indicated, act as documents. Assistant Secretary (Tax Policy) Secretary of the Treasury in case of the 8. Cancellation. Treasury Directive Assistant Secretary (Management) and death, resignation, absence or sickness 15–42, ‘‘Delegation of Authority to the Chief Financial Officer of the Secretary and other officers Commissioner, Internal Revenue Service Commissioner of Internal Revenue succeeding the incumbent, until a to Perform Functions Under the Money Comptroller of the Currency successor is appointed, or until the Laundering Control Act of 1986, as Director, Office of Thrift Supervision absence or sickness shall cease: amended,’’ dated September 11, 1995, is 5. The Inspector General and the a. Deputy Secretary; superseded. Treasury Inspector General for Tax b. The following individuals, in the 9. Expiration Date. This Directive Administration shall report to and be order of the date on which they were shall expire three years from the date of under the general supervision of the first appointed to a position within the issuance unless superseded or canceled Secretary and the Deputy Secretary. Department requiring appointment by prior to that date. 6. The Assistant Secretary the President by and with the advice (Management) serves as the and consent of the Senate: 10. Office of Primary Interest. Office • of the Under Secretary (Enforcement). Department’s Chief Financial Officer Under Secretary (International pursuant to Chapter 9 of Title 31, Affairs); James E. Johnson, U.S.C., and serves as the Department’s • Under Secretary (Domestic Under Secretary (Enforcement). Chief Operating Officer for purposes of Finance); and [FR Doc. 99–2869 Filed 2–5–99; 8:45 am] the Presidential Memorandum, • Under Secretary (Enforcement); BILLING CODE 4810±25±P ‘‘Implementing Management Reform in c. General Counsel; and 6136 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

d. Assistant Secretaries, appointed by the President with Senate confirmation, in the order designated by the Secretary. 11. Cancellation. Treasury Order 101– 05, ‘‘Reporting Relationships and Supervision of Officials, Offices and Bureaus, Delegation of Certain Authority, and Order of Succession in the Department of the Treasury,’’ dated October 29, 1998, is superseded as of this date. 12. Office of Primary Interest. Office of Organizational Improvement. Robert E. Rubin, Secretary of the Treasury. Attachment

BILLING CODE 4810±25±P Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6137

[FR Doc. 99–2870 Filed 2–5–99; 8:45 am] BILLING CODE 4810±25±C 6138

Corrections Federal Register Vol. 64, No. 25

Monday, February 8, 1999

This section of the FEDERAL REGISTER ‘‘Fixed’’ should read ‘‘FIXED’’ and and Regulations section of the issue of contains editorial corrections of previously ‘‘mobile’’ should read ‘‘MOBILE’’. Wednesday, February 3, 1999, published Presidential, Rule, Proposed Rule, 4. On page 2590, in the table, in the beginning on page 5570. It should have and Notice documents. These corrections are first column, under 46.9–47.0 GHz, appeared in the Proposed Rules section. prepared by the Office of the Federal ‘‘FIXED’’ should be removed. [FR Doc. C9–2572 Filed 2–5–99; 8:45 am] Register. Agency prepared corrections are 5. On the same page, in the table, in issued as signed documents and appear in the fourth column, under 47.0–47.2 BILLING CODE 1505±01±D the appropriate document categories elsewhere in the issue. GHz, ‘‘AMATEUR–SATELLITE’’ should be removed. 6. On the same page, in the table, in DEPARTMENT OF TRANSPORTATION the same column, under 50.4–51.4 GHz, Federal Aviation Administration FEDERAL COMMUNICATIONS ‘‘Mobile–Satellite’’ should read COMMISSION ‘‘MOBILE–SATELLITE’’. 14 CFR Part 71 7. On the same page, in the table, in 47 CFR Part 2 the fifth column, under 46.9–47.0 GHz, [Airspace Docket No. 98-ACE-55] [IB Docket No. 97-95; FCC 98-336] ‘‘FIXED’’ should be added above ‘‘MOBILE’’. Amendment to Class E Airspace; Des Allocation and Designation of 8. On the same page, in the table, in Spectrum for Fixed-Satellite and the same column, under 47.0–47.2 GHz, Moines, IA ‘‘AMATEUR–SATELLITE’’ should be Wireless Services in the 36.0-51.4 GHz Correction Frequency Band, and Allocation of added under ‘‘AMATEUR’’. Spectrum in the 37.0-38.0 GHz and 9. On the same page, in the table, in In rule document 99–1096 beginning 40.0-40.5 GHz Band for Government the same column, under 50.4–51.4 GHz, on page 2823 in the issue of Tuesday, Operations ‘‘Mobile–Satellite’’ should read January 19, 1999, make the following ‘‘MOBILE–SATELLITE’’. correction(s): Correction [FR Doc. C9–974 Filed 2–5–99; 8:45 am] In rule document 99–974 beginning BILLING CODE 1505±01±D § 71.1 [Corrected] on page 2585 in the issue of Friday, On page 2824, in the second column, January 15, 1999, make the following in § 71.1, in the first paragraph of the corrections: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT airspace description, in the eighth line, § 2.106 [Corrected] after ‘‘each’’ add ‘‘side’’. 1. On page 2588, in the table, in the 24 CFR Part 990 [FR Doc. C9–1096 Filed 2–5–99; 8:45 am] first column, under 40.0–40.5 GHz, in [Docket No. FR-4425-N-01] BILLING CODE 1505±01±D the third and fourth lines, ‘‘space–to– Earth’’ should read ‘‘Earth–to–space’’. Operating a Fund Rule; Notice of Intent 2. On page 2589, in the table, in the to Establish a Negotiated Rulemaking fifth column, under 40.5–41.0 GHz, Committee and Notice of First Meeting ‘‘Mobile’’ should be added under ‘‘Fixed’’. Correction 3. On the same page, in the table, in Proposed rule document 99-2572 was the fifth column, under 41.0–42.5 GHz, inadvertently published in the Rules federal register February 8,1999 Monday Enhancement GrantPrograms;Notice Competitions UndertheTeacherQuality Requirements forFiscalYear(FY)1999 Awards andFinalProcedures Notice InvitingApplicationsforNew Office ofPostsecondaryEducation; Education Department of Part II 6139 6140 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DEPARTMENT OF EDUCATION Relay Service (FIRS) at 1–800–877–8339 553), it is the practice of the Department between 8 a.m. and 8 p.m., Eastern time, of Education to offer interested parties [CFDA NO: 84.336] Monday through Friday. the opportunity to comment on Office of Postsecondary Education; Individuals with disabilities may proposed rulemaking documents. Notice Inviting Applications for New obtain this document in an alternate However, in accordance with section Awards and Final Procedures and format (e.g., Braille, large print, 437(d)(1) of the General Education Requirements for Fiscal Year (FY) 1999 audiotape, or computer diskette) upon Provisions Act, the Secretary has Competitions Under the Teacher request to the contact person listed in determined that because it is not Quality Enhancement Grant Programs the preceding paragraph. Individuals possible to offer the public an with disabilities may obtain a copy of opportunity for comment on proposed SUMMARY: The Assistant Secretary for the application package in an alternative rulemaking under the Teacher Quality Postsecondary Education (Assistant format, also, by contacting that person. grant programs and still make awards by Secretary) invites applications for new However, the Department is not able to September 30, 1999, as required by law, awards for Fiscal Year (FY) 1999 for the reproduce in an alternate format the it is desirable to waive public comment Teacher Quality Enhancement Grant standard forms included in the for the first year competition of this new Programs for States and Partnerships application package. discretionary grant program. This authorized by sections 201–205 of the Eligible Applicants: The Secretary waiver will apply only to the criteria, Higher Education Act (HEA), as invites applications from States and amended by the Higher Education from eligible partnerships comprised, at procedures, and requirements included Amendments of 1998. The Assistant minimum, of an institution of higher in this notice for awarding FY 1999 Secretary also announces final education with an eligible teacher Teacher Quality Enhancement Program procedures and requirements to govern preparation program, a school of arts grants. Any criteria and procedures that the competitions and FY 1999 awards. and sciences, and a high-need local the Department establishes for the PURPOSE OF PROGRAM: See the educational agency (LEA). These terms award of grants under these programs in SUPPLEMENTARY INFORMATION section of are defined in section 203 of the HEA. future years will be based on this notice for a description of the Applicability of Regulations: The experiences with this FY 1999 award Teacher Quality Enhancement Grant following provisions of EDGAR process, and will be published in Programs. contained Title 34 of the Code of proposed form in the Federal Register FOR FURTHER INFORMATION CONTACT: Federal Regulations (CFR) apply to the with an opportunity for interested Louis J. Venuto, Higher Education Teacher Quality Enhancement Grant parties to comment. Programs, Office of Postsecondary Programs: 34 CFR Parts 74, 75, 77, 79, Applications Available: On or before Education, 400 Maryland Ave. SW., 80, 82, 85, and 86. However, section February 11, 1999. The Department also Portals Building, Suite 600, Washington, 75.590, regarding a project evaluation to expects that application packages will D.C. 20202–5131: Telephone: (202) 708– be submitted at the end of the final year be available electronically through the 8596. Inquiries also may be sent by e- of the grant, does not apply to recipients internet on February 11, 1999, at the mail to: [email protected] or by of State Program grants. Department’s website: http:// FAX to: (202) 260–9272. Waiver of Proposed Rulemaking Individuals who use a www.ed.gov/offices/OPE/heatqp/ telecommunications device for the deaf In accordance with the index.html (TDD) may call the Federal Information Administrative Procedure Act (5 U.S.C. BILLING CODE 4000±01±P Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6141

BILLING CODE 4000±01±C 6142 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

Note: Information about six regional Designed to support highly committed ‘‘Quality of the management plan’’ workshops the Department has scheduled partnerships that will accelerate the (section 75.210(g)), the following: The between February 17 and March 2, 1999, to change process in teacher education, the qualifications, including training and answer questions about the Teacher Quality program will (1) strengthen the vital role experience, of key project personnel Programs and to provide general assistance in preparing applications for each of the of K–12 educators in the design and (including consultants, if any) that are programs, is included in an appendix to this implementation of effective teacher relevant to implementing the proposed notice. education programs, and (2) increase project. collaboration between departments of In addition, consistent with section SUPPLEMENTARY INFORMATION: On arts and sciences and schools of 205(b)(2) of the HEA, which established October 8, 1998, the President signed education. priorities for projects awarded grants into law the Higher Education The program is designed to make an under the State Grants program, the Amendments of 1998. Title II of this law important impact on teacher education Secretary includes in the selection addresses the Nation’s need to ensure and thereby to increase significantly the criteria the following competitive that new teachers enter the classroom number of new teachers emerging from preference: prepared to teach all students to high programs that have been redesigned to Competitive Preference: The Secretary standards by authorizing, as Title II of ensure that new teachers have the reviews each application to determine the Higher Education Act, Teacher content knowledge and teaching skills the extent to which the State’s proposed Quality Enhancement Grants for States to be effective. activities in any one or more of the and Partnerships. The new Teacher Teacher Recruitment Grants Program: following statutory priorities are likely Quality programs provide an historic In addition, there is a great need, to yield successful and sustained opportunity to effect positive change in especially in high-poverty communities, results. the recruitment, preparation, licensing, to recruit and prepare more people to 1. Projects that propose initiatives to and on-going support of teachers in become teachers. The Teacher reform State teacher certification America. The programs are designed to Recruitment Grants—awarded either to requirements that are designed to ensure increase student achievement by States or to partnerships among high- that current and future teachers possess implementing comprehensive need LEAs, teacher preparation the necessary teaching skills and approaches to improving teacher institutions, and schools of arts and academic content knowledge in the quality. sciences—are designed to reduce subject areas in which the teachers are More specifically, the Teacher Quality shortages of highly qualified teachers in certified or licensed to teach. Enhancement Grant Programs include high-need school districts. 2. Projects that proposes innovative three new competitive grant programs: Local partnerships between school reforms to hold institutions of higher State Grants Program: Competitive districts and teacher preparation education with teacher preparation grants to States will support the institutions have been found to be very programs accountable for preparing implementation of comprehensive effective at providing teachers for teachers who are highly competent in statewide reforms to improve the quality communities where they are most academic content area in which the of a State’s teaching force. By law, State needed. The ‘‘grow your own’’ approach teachers plan to teach and have strong activities must include one or more of is also effective for these communities teaching skills. the following activities: reforming because individuals who are already 3. Projects that propose the teacher certification or licensure members of a community are likely to development of innovative efforts aimed standards; implementing reforms to remain there after they become teachers. at reducing the shortage of highly hold institutions of higher education The recruitment grants will allow qualified teachers in high poverty urban accountable for preparing teachers who individual communities to determine and rural areas. are highly competent in their subject their needs for teachers and to recruit The Secretary awards up to ten (10) additional points on the basis of how areas; providing prospective teachers and prepare teachers who meet those well the application addresses this with alternative pathways into teaching; needs. States can also play an important preference. implementing programs of support for role in ensuring that high-need school teachers during their initial periods of districts are able to recruit highly Note: Evaluation. In view of the public teaching and establishing, expanding, or qualified teachers, and they can use the accountability required by section 206(a) of improving alternative routes to State recruitment grants to develop and the HEA, States receiving grant awards under certification; developing effective this program will not need to submit the end- implement effective mechanisms to do of-project evaluation report otherwise methods of recruiting and rewarding so. highly competent teachers and required by 34 CFR 75.590 of the Education Rules Applicable to These Programs for Department’s General Administrative removing incompetent or unqualified Regulations (EDGAR). teachers; recruiting teachers for high- FY 1999 Competitions poverty urban and rural areas; and In order to administer the program Partnership Grants Program developing ways teachers can address fairly and properly, the following rules Pre-Application Process: So that all the problem of social promotion. apply to these competitions: applicants have as much time as Partnership Grants For Improving possible to design activities and develop State Grants Program Teacher Preparation Program: The new relationships that are needed for purpose of the Partnership program is to The Department will use provisions applications that will address these bring teacher preparation programs, contained in 34 CFR 75.209–75.210 to challenges, the Department will use a schools of arts and sciences, and high- establish selection criteria that two-phase peer review process to select need school districts and schools reviewers will use to make applicants for awards. All applicants together (as appropriate with other recommendations on which applicants must submit pre-applications by April stakeholders) to create fundamental to recommend for award. However, 2, 1999 that include a narrative of no change and improvement in traditional rather than include ‘‘Quality of project more than 10 double-spaced pages. teacher education programs—thereby personnel’’ (75.210(e)) as a separate Peer reviewers will rate each increasing teachers’ capacity to help all criterion, the Department will use, as an application on its response to these students learn to high standards. additional element under the criterion topics: Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6143

1. What is the partnership’s vision to of work in the full proposal. They also must include information that confirms produce significant and sustainable will be required to submit more that the partnerships are comprised of improvements in teacher education? complete budget information in the full the required components—including 2. Explain what your partnership can application. one or more school district that is a accomplish by working together that Full Partnership Application: The ‘‘high-need’’ LEA.) However, while the could not be accomplished by working Secretary will select for funding under Partnership Program needs to have the separately. the Partnership Program those greatest possible benefit for all 3. Describe key components of the applications that are of highest overall participating LEAs and schools, the change process to realize your vision. quality. In determining which Nation faces a particular need to address What are the components? How do they applications to recommend for award as the needs of those LEAs and schools reflect best research and practice? What having the highest overall quality, whose students are most at-risk of will the partnership do to implement reviewers will assign each application failure. Given the particular challenges these components of change? up to 110 points using the following faced by these districts and schools, the 4. Discuss the specific outcomes of selection criteria and competitive highest-quality applications are likely to the proposed project. What will change? preference. The relative weights for each be those that not only are able to How will you know that the project is criterion are indicated in parentheses. provide outstanding responses to the successful? Applicants are free to respond to these three selection criteria, but also focus on Each of these topics (i.e., the pre- criteria in any way they choose. LEAs and schools that greatly exceed application selection criteria) is critical These selection criteria have been the definitions of high need. to the design and implementation of designed to ensure that those high-quality partnership grants for partnership applications selected for Selection Criteria and Competitive improving teacher education. Peer funding have addressed elements that Preference reviewers will rate each pre-application the Secretary believes are key to a a. Significance of Project Activities: (34 by assigning up to 25 points for each of successful teacher preparation points) these four responses. Only those partnership, and have the greatest In assessing how well the application applicants whose pre-applications are promise of meeting the broad purposes meets this criterion, reviewers will rated very highly in this competitive of the program. peer review process will be invited and Each of these three broad criteria determine how well it responds to the eligible to submit full Partnership Grant includes one or more key questions that following question: applications. peer reviewers will consider as they How does the partnership plan to Other Pre-Application Requirements: examine an application, as well as a meet its objectives and ensure that, once Pre-applications also will need to number of key elements that are critical they begin work in the classroom, new contain the following information: to a well-developed response to these teachers have the content knowledge 1. Application face sheet, as well as questions and to the partnership’s and teaching skills they need to enable information on whether key LEAs are in overall success. Peer reviewers will their students to succeed? urban/rural areas and in either consider what the partnership will In responding to this question, Empowerment Zones or Enterprise accomplish—from whatever point the applicants should be sure to address the Communities. following key elements: partners are in implementing reform—to • 2. An Addendum that includes— enable teachers to have the knowledge The existence of institution-wide a. The identity of each of the and teaching skills they need to teach commitments to high-quality teacher application’s partners, and sufficient all of their students to high standards. preparation programs that integrate information to permit the Department to To be recommended for award, peer pedagogy and subject-area content, and determine that the partnership meets reviewers must either— that include— the minimum eligibility definitions 1. Find that the application 1. Strong connections between teacher included in the ‘‘General Program satisfactorily addresses each of the key preparation program(s) and the school(s) Information’’ (Part C) of the application elements that follow each question, or of arts and sciences; package; and 2. Be satisfied that an inadequate 2. Permanent institutional b. Relevant Budgetary Information: response to an element would prevent mechanisms that reward effective For the pre-application, this information an award to an applicant that otherwise collaboration with the teacher is limited to— addressed, in outstanding ways, all preparation programs; and i. An estimated budget that includes— Selection Criteria. (Reviewers will still 3. Significant involvement of tenured for each year of the project—the total need to find that the applicant and tenure-track faculty of the teacher amount of Title II, HEA funds projected submitted all information required by preparation program(s) and the school(s) to be requested, and the projected section 203 of the HEA. of arts and sciences. amount or of cash or in-kind • The responsiveness of teacher Note: Section 203(b)(1) of the HEA requires preparation programs to the needs of K– contribution from each contributing that all partnerships include at least one partner; and high-need LEA (which by definition must 12 educators in high-need LEAs ii. A budget narrative of no more than have one or more high-need school). The through, among other things: two double-spaced pages that addresses definitions of a high-need LEA (and of a 1. Joint activities with high-need generally, for each year of the project, high-need school) are contained in the LEAs that increase the involvement of how federal grant funds and the non- section of this notice entitled ‘‘Program classroom teachers and school federal contribution will be used. Requirements Applicable to More Than One administrators in the design, Peer reviewers will use this budget Program’’. improvement, and implementation of information to gauge the scale and scope These definitions present a minimum the teacher preparation and induction of the proposed project, and to help standard that any partnership programs; clarify information contained in the application must meet to be eligible to 2. Demonstrable evidence of an application narrative. Those invited to be considered. (As noted in ‘‘Other increased presence of university faculty submit a full application may modify Important Application Information’’ in and preservice students in participating this projected budget to reflect the plan the application package, all applications LEA schools; 6144 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

3. Revamped teacher preparation • A well-considered statement, for better respond to the needs of LEAs, and curriculum and related organizational each year of the grant, of annual goals, in particular of high-need LEAs? changes within the institution for higher benchmarks, and time lines that the c. Feasibility of Achieving Project education; and partnership will use to determine Objectives: Quality of Project 4. Strong organizational linkages whether project activities are effective Management, Governance Structure, between each participating institution of in meeting the partnership’s objectives. and the Availability and Use of higher education and the participating • The commitment and ability of the Resources: (33 Points) LEA’s. partnership to: In assessing how well the application • The partnership’s commitment to (1) Integrate its activities with other meets this criterion, reviewers will using evidence of how well graduates of educational reform activities underway determine how well it responds to the the teacher preparation program(s) are in the State(s) and communities in following question: teaching (including evidence of how which the partners are located; and (2) How well does the application well their students are achieving) to coordinate its activities with other local, demonstrate that the partnership will be make regular adjustments and State, or federally-supported teacher able to achieve its objectives, and that improvements in those programs. training or professional development all members of the partnership will work • The partners’ commitment to share programs and with appropriate collaboratively to sustain, improve, and effective practices and provide technical activities of the Governor, State board of enhance project activities during and assistance about ways to improve education and State educational agency beyond the period of the project? teacher education at each teacher and agency for higher education. In addressing this question, applicants should be sure to address the preparation institution that participates b. Extent to Which the Partnership’s in the partnership. following elements: Objectives Are Built Around the Needs • The extent to which the partnership • The quality of the partnership of High-Need LEAs and Their High- has an effective, inclusive, and activities which— Need Schools. (33 Points) responsive governance and decision- 1. Must include the following 1. Does the application demonstrate making structure— mandatory activities— 1. That will permit all members of the a. Carrying out reform of teacher that the partnership has developed strong measurable objectives, including partnership (including teachers of the preparation programs to hold those high-need LEA(s)) to plan, implement, programs accountable for producing measurable objectives for— • Improving teacher preparation and assess the adequacy of partnership highly competent teachers, including programs in the partnership; and activities; and teachers competent to use technology • Improving the quality and number 2. Through which the fiscal agent will effectively in their classrooms; of teacher education program graduates provide project funds, as appropriate, to b. Providing good clinical experiences who (1) meet the teacher preparation other partners to permit them to and mentoring for new teachers and needs of high-need school districts in implement program activities. • substantially increasing the interaction the partnership, and (2) take teaching The extent to which the application between teachers, principals, and positions in high-need schools in those demonstrates that the partnership will administrators and an higher education districts? sustain itself during and beyond the faculty; and 2. Does the application demonstrate period of the grant (which may include c. Creating opportunities for enhanced that the partnership’s objectives build evidence that members of the and ongoing professional development upon a clear and thorough needs partnership have succeeded—with each that improves the academic content assessment performed by and of all K– other or other entities—in other knowledge of teachers in fields they are 12 and higher education partners that— significant and sustained partnering or will be certified to teach. • Was developed with the active efforts). 2. And may also include activities participation of school and district • The extent to which members of the such as— administrators and classroom teachers partnership will provide technical a. Activities to prepare teachers to of all types of students? assistance to each other to further work with diverse populations and • Focuses on what all new teachers project objectives. • parents; must know and be able to do once they A resource assessment that b. Broad dissemination of information begin teaching in the classroom— describes— on effective practices used by the particularly in teaching reading, 1. The (federal and non-federal) partnership, and coordination of mathematics, science and other core resources available to the partnership; partnership activities with State subjects? 2. The intended uses of grant funds governors, boards of education and State • Includes an assessment performed (including financial support, faculty agencies; by the partner institution(s) of higher participation, and time commitments), c. Developing and implementing education that— whether awarded by the Department or proven methods for enhancing the Examines the state of collaboration on provided by the partners, including how managerial and leadership skills of the campus between arts and sciences grant funds will be fairly distributed superintendents and principals faculty and the education faculty in among the partners with no partner (including those of master teachers and teacher preparation activities, and retaining more than 50 percent of grant teacher-mentors); and between higher education faculty and funds that the Secretary awards; and d. Teacher recruitment activities that K–12 teachers and administrators; 3. The commitment of the may be conducted under the Teacher Examines the adequacy of the clinical partnership’s own resources to project Recruitment Grant Program (see section experiences afforded to preservice activities, including non-federal 204 of the HEA). students; financial support, faculty participation, Examines the adequacy of content time commitments, and other in-kind Note: See section 203(d) and (e) of the services, as well as continuation of HEA, which identifies with greater detail the preparation for prospective teachers; three mandatory and four permissive and activities when the grant ends. activities, included in Part G of the Explains the need to improve the Note: As required by 34 CFR 75.117, all Partnership Program’s application package. overall quality of teacher preparation to applications must include, among other Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6145 things, a multi-year budget reflecting Federal participate in the partnership or State these Teacher Quality Enhancements and non-Federal resources. project. Grant Programs— • The qualifications and relevant Invitational Priorities: The Secretary 1. An LEA with at least one school experience of the overall project director is particularly interested in receiving located in an area in which there is ‘‘a and key personnel of each partner who applications from States and high percentage of individuals from have responsibility for implementing partnerships that propose to focus their families with incomes below the project activities. efforts on recruiting members of poverty line’’ is a ‘‘high-need LEA’’ if— • How well the application describes minority or historically disadvantaged the LEA has at least one school in which how the partnership Will— groups to become teachers in high-need 40 percent or more of the enrolled 1. Regularly assess whether it is LEAs and schools because of the students are eligible for free (not ‘‘free meeting its program objectives; growing gap between the diveristy of the and reduced’’) lunch subsidies. 2. Take steps to modify project plans student population and the composition 2. An LEA that has one school with and activities if the partnership finds of the teaching force. a ‘‘high percentage of secondary school that it is not meeting its objectives; and In addition, in order to recruit highly teachers not teaching in the content area 3. Prepare the evaluation and annual competent individuals to become in which the teachers were trained to progress report that include strong teachers in high-need LEAs and schools, teach’’ is a ‘‘high-need LEA’’ if either of performance objectives, and measures section 204(d)(1) permits States and the following conditions holds true: • and reporting information as required partnerships to use grant funds for the More than 34 percent of academic by section 206(b) and (c) of the HEA. costs of scholarship assistance that classroom teachers overall (across all Competitive Preference: Consistent teaching candidates need to enable them academic subjects) do not have a major, with section 205(b)(2)(B) of the HEA, to pay the costs of completing a teacher minor, or significant course work in the Secretary reviews each application preparation program in addition to other their main assignment field; or • to determine the extent to which the support services and follow-up services More than 34 percent of the main partnership proposes to meet the after they begin teaching. Alternatively, assignment faculty in two of the following statutory priority: a significant section 204(d)(2) permits States and academic departments do not have a role for private business in the design partnerships, more generally, to use major, minor, or significant work in and implementation of the partnership. grant funds to design and implement their main assigned field. The Secretary awards up to ten (10) effective mechanisms to ensure that For purposes of the definition above— additional points for applications that high-need LEAs and schools are able to ‘‘Main assignment field’’ means—the address this preference. effectively recruit highly qualified academic field in which teachers have teachers. The availability of scholarship the largest percentage of their classes. Teacher Recruitment Grants Program assistance is likely to be a very useful ‘‘Significant course work’’ means— The Department will use provisions tool in attracting well-qualified four or more college-or graduate-level contained in 34 CFR 75.209–75.210 to individuals to become teachers in these courses in the content area. establish selection criteria that high-need LEAs and schools. For this 3. An LEA that serves an elementary reviewers will use to make reason, regardless of which approach or secondary school located in an area recommendations on which applicants States and partnerships take in in which there is a high turnover rate is to recommend for award. However, designing their projects, the Secretary is a ‘‘high-need LEA’’ if the LEA has an rather than include ‘‘Quality of project particularly interested in receiving elementary or secondary school whose personnel’’ (34 CFR 75.210(e)) as a proposals that would provide attrition rate is 15 percent or more in the separate criterion, the Department will scholarship support for prospective last three school years. use, as an additional element under the teachers. Note: The Department believes that use of criterion ‘‘Quality of the management Program Requirements Applicable to the percentage of teachers in high-poverty schools who do not return in the following plan ‘‘(34 CFR 75.210(g)), the following: More Than One Program The qualifications, including training year is a better source of data than the and experience, of key project personnel The Department is establishing a percentage of teachers in schools with high (including consultants, if any) that are number of requirements that, in percentages of minority students who do not addition to the statutory requirements in return to teach the following year—a factor relevant to implementing the proposed proposed in the draft application package. In project. the HEA, govern two or more of the addition, for this third definition of high- Finally, section 204 of the HEA Teacher Quality Programs. These need LEA, data is not readily available on the requires partnership and State grant include the following: teacher turnover rate in schools in which the recipients under the Teacher 1. Section 201(a)(2) provides a students are eligible for free lunch subsidies. Recruitment Program to work with high- definition of ‘‘high-need’’ LEA as a Therefore, the data source for this definition need LEAs to recruit and prepare public school district that serves an and the first definition of high-need LEA teachers who will work in those elementary or secondary school located (high-poverty) cannot be the same. districts and thereby help to address in an area in which there is— 4. Section 205(c)(1) requires that any their teacher shortages. To ensure that a. A high percentage of individuals State that receives either a State Grant program funds are used to meet the from families with incomes below the or a Teacher Recruitment Grant provide, purposes of this program, States and poverty line; from non-Federal sources, an amount partnerships receiving grant awards b. A high percentage of secondary equal to 50 percent of the amount of the under this program (as well as any high- school teachers not teaching in the grant (in cash or in kind) to carry out need LEAs participating in their content area in which the teachers were grant activities. This 50 percent match projects) must ensure that teachers who trained to teach; or must be made annually, with respect to have received scholarship assistance c. A high teacher turnover rate. each grant award of the project period. and other services under the Teacher None of the three alternative 5. For purposes of indirect costs that Recruitment Program are placed, to the meanings can be applied equally and may be charged to the Teacher extent possible, in high-need schools fairly to all applicants without further Recruitment Program and to the within the high-need LEAs that definition. Therefore, for purposes of Partnership Program, all funded projects 6146 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices are treated as ‘‘educational training In addition, there may be a few Dated: February 1, 1999. grants.’’ Therefore, consistent with 34 indicators for which data will be David A. Longanecker, CFR 75.562, except for costs that may be collected by the contractor hired to Assistant Secretary, Office of Postsecondary incurred by State agencies or LEAs, a conduct the national evaluation of the Education. recipient’s indirect cost rate is limited to Title II programs. All grantees also are Appendix the maximum of eight percent or the required to cooperate with the amount permitted by its negotiated contractor for the national evaluation as Technical Assistance Workshops on indirect cost rate agreement, whichever the contractor collects data from Implementation of Teacher Quality is less. In addition, this same eight grantees related to these indicators. Enhancement Grant Programs percent maximum indirect cost rate The Department of Education has applies for any funds that institutions of Paperwork Reduction Act scheduled six regional technical assistance higher education or nonprofit Considerations workshops between February 17 and March 2, 1999, to help prospective applicants to organizations may receive from States The procedures and requirements under the State Program. better understand the Department’s approach contained in this notice relate to to implementing the competitive grant 6. The Government Performance and application packages that the competitions to be held this spring under the Results Act of 1993 (GPRA) requires all Department has developed under the Teacher Quality Enhancement Grant Federal programs to use performance three Teacher Quality Enhancement Programs, authorized by sections 201–204 of indicators to measure their quality and Grant Programs. The public may obtain the Higher Education Act of 1965, as effectiveness. GPRA further requires copies of these packages by calling or amended. Under the Teacher Quality that the Department provide Annual writing the individuals identified at the Programs, States must submit applications for the State Program by April 16, 1999, Performance Plans to Congress that beginning of this notice as the provide data on how all of the programs eligible partnerships must submit pre- Department’s contact, or through the applications for the Partnership Program for are performing with respect to the Department’s website: http:// program performance indicators. Improving Teacher Education by April 2, www.ed.gov/offices/OPE/heatqp/ 1999, and States and eligible partnerships Therefore, the Department submits an index.html must submit applications for the Teacher Annual Plan to Congress that provides As required by the Paperwork Recruitment Program by April 16, 1999. At the most recent data on the these workshops, the public will be able to Department’s five-year Strategic Plan, as Reduction Act, the Office of learn more about the purposes and well as the latest data on the Management and Budget has approved requirements of these programs, how to performance of each program with the use of these application packages apply for funds, program eligibility respect to the program indicators. under the following OMB control requirements, the application selection 7. In the event that the peer reviewers’ number 1840–0007, expires February, process, and considerations that might help use of these selection criteria results in 2002. As noted earlier in this notice, them to improve the quality of their grant an equal ranking among two or more these application packages will be applications. Department of Education staff applicants for the last available award available on or before February 11, with expertise on these and other issues 1999. related to the Teacher Quality Programs will under any of the three Teacher Quality be available to answer any questions on these Programs, the Department will select the Electronic Access to This Document. topics. applicant whose activities will focus (or The locations and dates of these workshops have most impact) on LEAs and schools Anyone may view this document, as are: February 17 B Washington, DC; February located in one (or more) of the Nation’s well as all other Department of 19 B San Diego, California; February 22 B Empowerment Zones and Enterprise Education documents published in the Seattle, Washington; February 25 B St. Louis, Communities. Federal Register, in text or portable Missouri; February 26 B Dallas, Texas; and 8. In the case of any application or document format (pdf) on the World March 2, Atlanta, Georgia. Any interested pre-application whose narrative exceeds parties are invited to attend these workshops. Wide Web at either of the following The Department of Education has reserved the 50-page double-spaced limitation for sites: all Teacher Quality Program a limited number of hotel rooms, at a special http://ocfo.ed.gov/fedreg.htm government per diem room rate, at each of applications and ten-page double- the following hotels that will host the spaced limitation for Partnership http://www.ed.gov/news.html workshops. To reserve these rates, be certain Program pre-applications, the To use the pdf you must have the Adobe to inform the hotel that you are attending the Department will provide to the peer Acrobat Reader Program with Search, workshops with the Department of reviewers only the first 50 pages of Education. which is available free at either of the narrative and ten pages of narrative, The meeting sites are accessible to previous sites. If you have questions respectively. individuals with disabilities. The Department about using the pdf, call the U.S. 9. The Title II Teacher Quality will provide a sign language interpreter at Government Printing Office at (202) programs have a set of draft each of the scheduled workshops. An 512–1530 or, toll free at 1–888–293– performance objectives and indicators individual with a disability who will need an 6498. auxiliary aid or service other than an that appear in Part G, ‘‘Supplementary Anyone may also view these interpreter to participate in the meeting (e.g., Information,’’ in the application assistive listening device, or materials in an package. Although these performance documents in text copy on an electronic alternative format) should notify the contact objectives and indicators are still draft, bulletin board of the Department. person listed in this notice at least two weeks the objectives and indicators will be Telephone: (202) 219–1511 or, toll free, before the scheduled meeting date. Although finalized by February of 1999 and will 1–800–222–4922. The documents the Department will attempt to meet a look much like the draft performance located under Option G—Files/ request received after that date, the requested indicators. All State and partnership Announcements, Bulletins, and Press auxiliary aid or service may not be available grantees must collect data and report to Releases. because of insufficient time to arrange it. the Department on their progress with Note: The official version of the document Dates, Times, and Locations of Technical respect to each of the performance is the document published in the Federal Assistance Workshops indicators on all of the final Register. Workshop #1: Wednesday, February 17, performance indicators. Program Authority: 20 U.S.C. 1021 et seq. 1999, Washington, DC, Washington Hilton Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6147

Hotel, 1919 Connecticut Avenue NW, WA 98104, Phone: 1–800–278–4159. Rate: Workshop #6: Tuesday, March 2, 1999, Washington, DC 20005; Phone: (202) 483– $104.00 plus tax. Atlanta, Georgia, Sheraton Gateway Hotel, # 3000. Rate: $115.00 plus tax. Workshop 4: Thursday, February 25, 1900 Sullivan Road, College Park, GA 30337, Workshop #2: Friday, February 19, 1999, 1999, St. Louis, Missouri, Radisson Hotel & Phone: (770) 997–1100. Rate: $90.00 plus tax. San Diego, California, Marriott Hotel— Suites, 600 North Fourth Street, St. Louis, For further information about these MO 63102, Phone: (314) 621–8200. Rate: Mission Valley, 8757 Rio San Diego Drive, $66.00 plus tax. workshops, please call or write the San Diego, CA 92108, Phone: (619) 692–3800. Workshop #5: Friday, February 26, 1999, Department contact identified at the Rate: $93.00 plus tax. Dallas, Texas, Wyndham Garden Hotel/ beginning of this notice. Workshop #3: Monday, February 22, 1999, Dallas, Park Central, 8051 LB. Johnson [FR Doc. 99–2720 Filed 2–5–99; 8:45 am] Seattle, Washington, Renaissance Madison Freeway, Dallas, TX 75251, Phone: (972) Hotel, 515 Madison & Sixth Avenue, Seattle, 680–3000. Rate: $89.00 plus tax. BILLING CODE 4000±01±P federal register February 8,1999 Monday Proposed Rule Federal CooperativeAgreements;Indiana; Operations onFederalLands;State- Surface CoalMiningandReclamation 30 CFRPart914 Enforcement Office ofSurfaceMiningReclamationand Interior Department ofthe Part III 6149 6150 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules

DEPARTMENT OF THE INTERIOR hearing, contact the person listed under that we have received your Internet FOR FURTHER INFORMATION CONTACT. message, contact us by telephone at Office of Surface Mining Reclamation Copies of the Indiana program, the 317–226–6700. We will make and Enforcement proposed cooperative agreement, a comments, including names and listing of any scheduled public hearings, addresses of respondents, available for 30 CFR Part 914 and all written comments received in public review during regular business [IN±142±FOR] response to this document will be hours. You may request confidentiality, available for public review at the which we will honor to the extent Surface Coal Mining and Reclamation addresses listed below during normal allowable by law. If you wish to Operations on Federal Lands; State- business hours, Monday through Friday, withhold your name or address, except Federal Cooperative Agreements; excluding holidays. for the city or town, you must state this Indiana Indianapolis Field Office, Office of prominently at the beginning of your Surface Mining Reclamation and comment. However, we will not AGENCY: Office of Surface Mining Enforcement, Minton-Capehart Federal consider anonymous comments. We Reclamation and Enforcement, Interior. Building, 575 N. Pennsylvania Street, will make all submissions from ACTION: Proposed rule. Indianapolis, Indiana 46204–1521, organizations or businesses, and from Telephone: (317) 226–6700. individuals identifying themselves as SUMMARY: The Office of Surface Mining Indiana Department of Natural representatives or officials of Reclamation and Enforcement (OSM) is Resources, 402 West Washington Street, organizations or businesses, available proposing to adopt a cooperative Room C256, Indianapolis, Indiana for public inspection in their entirety. agreement between the Department of 46204, Telephone: (317) 232–1547. the Interior and the State of Indiana. You may receive one free copy of the Public Hearing This agreement will allow Indiana, proposed agreement by contacting the If you wish to speak at the public under the permanent regulatory person listed under FOR FURTHER hearing, contact the person listed under program, to regulate surface coal mining INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT by and reclamation operations on Federal FOR FURTHER INFORMATION CONTACT: 4:00 p.m., E.S.T. on March 1, 1999. We lands in Indiana. The Surface Mining Andrew R. Gilmore, Director, will arrange, with you, the location and Control and Reclamation Act of 1977 Indianapolis Field Office, Telephone: time of the hearing. If no one requests (SMCRA) provides for this type of 317–226–6700. E-mail: an opportunity to speak at a public agreement. This notice of proposed [email protected]. hearing, we will not hold one. rulemaking gives you information on SUPPLEMENTARY INFORMATION: We request that you file a written the terms of the proposed cooperative statement at the time of the hearing. It agreement. I. Public Comment Procedures will greatly assist the transcriber. If you II. Background of the Indiana Program submit written statements in advance of DATES: Written Comments. We must III. Description of the Proposed Cooperative receive written comments by 4:00 p.m., Agreement the hearing, this will allow us to prepare E.S.T., April 9, 1999. IV. Procedural Determinations adequate responses and appropriate questions. Public Hearings. If requested, we will I. Public Comment Procedures hold a public hearing on the proposed We will continue the public hearing rule on March 25, 1999. We must Written Comments on the specified date until all persons scheduled to speak have spoken. receive your requests to speak at the If you are submitting written hearing by 4:00 p.m., E.S.T., on March Persons in the audience who have not comments on the proposed rule, please been scheduled to speak, and who wish 1, 1999. If you wish to attend a hearing be specific, limit your comments to but not testify, you should contact the to do so, will be allowed to speak issues pertinent to the proposed rule, following those who have been person identified under FOR FURTHER and explain the reason for your INFORMATION CONTACT before the hearing scheduled. The hearing will end after all recommendations. Except for comments persons scheduled to speak and persons date to verify that we will hold a provided electronically, please submit hearing. present in the audience who wish to three copies of your comments, if speak have spoken. ADDRESSES: If you wish to comment, possible, to our Administrative Record you may submit your comments by any (see ADDRESSES). All comments sent to Public Meeting one of several methods. You may mail the Administrative Record will be If only one person requests an or hand carry your comments to logged into the administrative record for opportunity to speak at a hearing, a Andrew R. Gilmore, Director, the rulemaking. However, we will not public meeting, rather than a public Indianapolis Field Office, Office of consider or respond to your comments hearing, may be held. If you wish to Surface Mining Reclamation and when developing the final rule if they meet with us to discuss the proposed Enforcement, Minton-Capehart Federal are received after the close of the agreement, you may request a meeting Building, 575 N. Pennsylvania Street, comment period (see DATES). We will by contacting the person listed under Indianapolis, Indiana 46204–1521. You make every attempt to log all comments FOR FURTHER INFORMATION CONTACT. All may also comment via the Internet to into the administrative record, but such meetings will be open to the public OSM’s Administrative Record at: comments delivered to addresses other and, if possible, notices of meetings will [email protected]. than those listed in ADDRESSES may not be posted at the locations listed under You may submit a request for a public be logged in. ADDRESSES. We will make a written hearing orally or in writing to the Please submit Internet comments as summary of each meeting a part of the person and address specified under FOR an ASCII file avoiding the use of special Administrative Record. FURTHER INFORMATION CONTACT. We will characters and any form of encryption. announce the address, date and time for Please also include ‘‘Attn: IN–142– II. Background on the Indiana Program any public hearing if one is held. If you FOR’’ and your name and return address On July 29, 1982, the Secretary of the are disabled and require special in your Internet message. If you do not Interior conditionally approved the accommodation to attend a public receive a confirmation from the system Indiana program. You can find Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6151 background information on the Indiana section 523(c) of SMCRA, and 30 CFR to exchange information and for DOR to program including the Secretary’s Part 745. report annually to OSM. It also requires findings, the disposition of comments, We have included the full text of the DOR to have adequate personnel with and the conditions of approval in the proposed agreement as part of this sufficient equipment and facilities to July 26, 1982, Federal Register (47 FR proposed rulemaking. The proposed carry out the requirements of the 32071). Later actions concerning the cooperative agreement may change as a program. Finally, this article discusses conditions of approval and program result of public comment and/or further how DOR will determine the amount of amendments are found at 30 CFR discussion with the State of Indiana. the permit application fee and how DOR 914.10, 914.15, and 914.16. The proposed agreement, as submitted will handle funds generated from permit by Indiana, has sixteen articles. A brief application fees, civil penalties, and III. Description of the Proposed summary of the articles appears below. fines collected from operations on Cooperative Agreement Article I: Introduction, Purpose and Federal lands. By a letter dated March 10, 1998 Responsible Agencies. This article Article VI: Review of Permit (Administrative Record No. IND–1598), explains the legal authority for the Application Packages. Paragraphs A from the Indiana Department of Natural Agreement and states that the through C of Article VI generally Resources, Indiana submitted a request Agreement allows Indiana to regulate describe the procedures that the State for a State-Federal cooperative surface coal mining and reclamation and OSM will follow in the review and agreement under the provisions of 30 operations on Federal lands in Indiana. analysis of a permit application package CFR 745.11. The purpose of the The article designates the Natural (PAP) for operations on Federal lands. proposed cooperative agreement Resource Commission (NRC) and the The term ‘‘permit application package’’ (Agreement), is to give Indiana the Division of Reclamation (DOR) of the is defined under 30 CFR 740.5. DOR primary authority to administer its Indiana Department of Natural will assume primary responsibility for approved permanent regulatory program Resources as the agencies responsible the review of a PAP. Where leased on Federal lands. for administering the Agreement on Federal coal is involved, OSM will behalf of the Governor of Indiana Section 523(c) of SMCRA, 30 U.S.C. prepare a mine plan decision document (Governor). It also designates OSM as 1201 et seq., and the regulations at 30 and obtain the Secretary’s approval for the agency responsible for administering CFR Part 745 allow a State and the the document. the Agreement on behalf of the The article also establishes guidelines Secretary of the Interior to enter into a Secretary of the Department of the for material to be submitted in the PAP permanent program Agreement if the Interior (Secretary). Indiana designated and the procedures that OSM and DOR State has an approved State program for NRC and DOR as the administrative will use in reviewing the PAP. The regulating surface coal mining and bodies for the approved Regulatory article further spells out the reclamation operations on non-Federal Program in Indiana. coordination between DOR, OSM, and and non-Indian lands. SMCRA Article II: Effective Date. This article other Federal Agencies in conducting authorizes permanent program provides that after signature by the the reviews. Finally, the article provides Agreements under section 523(c) which Secretary and the Governor, the guidelines for making a decision on the provides that ‘‘[a]ny State with an Agreement will become effective 30 permit application and informing the approved State program may elect to days after publication in the Federal applicable parties of the decision. The enter into a cooperative agreement with Register as a final rule. review procedures for permit revisions, the Secretary to provide for State Article III: Definitions. This article renewals and the transfer, assignment or regulation of surface coal mining and provides that the terms and phrases sale of permit rights are also discussed. reclamation operations on Federal lands used in the Agreement will have the Article VII. Inspections. This article within the State, provided the Secretary same meaning as those in SMCRA, the specifies that DOR will conduct determines in writing that such State OSM approved State Act (Indiana Code inspections of the operations on Federal has the necessary personnel and (I.C.) 14–34), and the rules and lands and will prepare and file funding to implement such a regulations set forth as a result of those inspection reports documenting the cooperative agreement in accordance acts. The article also specifies that the inspection according to the State with the provision of this Act.’’ State will use the definitions in its program. DOR will also be the point of Section 745.11(b)(1) through (8) of our approved State program if State and contact and the primary inspection regulations require States to submit Federal definitions conflict. authority in dealing with these certain information with a request for a Article IV: Applicability. This article operators. However, authorized Federal permanent program cooperative states that the laws, regulations, terms or State agencies will be allowed to agreement, if the information has not and conditions of Indiana’s approved conduct necessary inspections for been previously submitted in the State State program are applicable to Federal purposes other than those covered by program. Indiana previously submitted lands in Indiana except as otherwise the Agreement. Finally, the article much of the information relating to the stated in the Agreement, SMCRA, 30 discusses procedures that OSM will budget, staffing, and equipment CFR 740.4, 740.11(a), 745.13, and other follow when handling citizen necessary for performing inspections at applicable laws, Executive Orders, or complaints that it receives pertaining to surface coal mining and reclamation regulations. imminent danger to the public health operations on Federal lands. In Article V: General Requirements. This and safety or to significant imminent addition, Indiana submitted a written article certifies that DOR and NRC have environmental harm to land, air or certification from the Chief Legal the authority under State law to carry water resources. Counsel of the Indiana Department of out the terms of the Agreement. It also Article VIII: Enforcement. This article Natural Resources stating that the State establishes the procedures for funding deals with DOR’s responsibility for does not have statutory, regulatory, or DOR’s and NRC’s responsibilities under issuing enforcement actions resulting other legal constraint which would limit the Agreement and the right of DOR or from violations on surface coal mining the ability of the Indiana Department of OSM to terminate the agreement if OSM and reclamation sites on Federal lands. Natural Resources to fully comply with cannot adequately fund the program. DOR will have the lead in issuing the terms of the proposed Agreement, This article provides for DOR and OSM enforcement actions except in cases 6152 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules where Federal laws and Executive declare new or revised performance or a. Does not have an annual effect on Orders reserve these rights to the reclamation requirements or the economy of $100 million or more. Secretary. The article provides for DOR enforcement and administrative The rule affects only the State of Indiana and OSM to exchange information procedures. and the costs of carrying out the concerning enforcement actions and to Article XV: Changes in Personnel and functions under the Agreement are be mutually available to serve as Organization. Under the terms of this offset by grants from the Federal witnesses in enforcement actions taken article, each party to the Agreement government. by either party. must notify the other of changes in b. Will not cause a major increase in Article IX: Bonds. This article personnel, organization and funding, or costs or prices for consumers, specifies the procedures that a permittee other changes that may affect the individual industries, Federal, State, or must follow to get a performance bond implementation of the Agreement. local government agencies, or to cover the operator’s liability under Article XVI: Reservation of Rights. geographic regions because the rule the Act and the State program. The This article provides that the agreement does not impose any new requirements article discusses the assignment of the does not cause the State or the Secretary on the coal mining industry or bond if the Agreement is terminated and to waive any rights they may have under consumers. The functions being the procedures for releasing and laws other than SMCRA or their performed by the State under the forfeiting bond. Finally the article states regulations, including but not limited to Agreement are offset by grants from the that if the operator submits a those listed in Appendix A to the Federal government. performance bond, this bond does not Agreement. c. Does not have significant adverse satisfy the requirements for the operator effects on competition, employment, to also submit a Federal lease bond or IV. Procedural Determinations investment, productivity, innovation, or lessee protection bond in certain 1. Executive Order 12866—Regulatory the ability of U.S.-based enterprises to circumstances. Planning and Review compete with foreign-based enterprises Article X. Designating Areas for the reasons stated above. Unsuitable for All or Certain Types of This document is not a significant Surface Coal Mining and Reclamation rule and is not subject to review by the 4. Unfunded Mandates Operations and Activities, Valid Office of Management and Budget under This rule does not impose an Existing Rights (VER), and Compatibility Executive Order 12866. unfunded mandate on State, local, or Determinations. The unsuitably (1) This rule will not have an effect of tribal governments or the private sector petitions portion of the article only $100 million or more on the economy. of more than $100 million per year. The allows the Secretary to designate It will not adversely affect in a material rule does not have a significant or Federal lands as unsuitable for mining. way the economy, productivity, unique effect on State, local or tribal The article further states the procedures competition, jobs, the environment, governments or the private sector. The DOR or OSM must follow if they receive public health or safety, or State, local, rule establishes a cooperative agreement a petition to designate land areas or tribal governments or communities. at the request of the State of Indiana and unsuitable for all or certain types of (2) This rule will not create a serious will result in the delegation of authority surface coal mining operations that inconsistency or otherwise interfere to the State. The cost to the State of could affect adjacent Federal or non- with an action taken or planned by performing the duties being delegated Federal lands. The VER and another agency. are offset by a grant from the Federal Compatibility Determinations portion of (3) This rule does not alter the government. A statement containing the the article requires OSM to make VER budgetary effects or entitlements, grants, information required by the Unfunded determinations on Federal lands where user fees, or loan programs or the rights Mandates Reform Act (2 U.S.C. 1531, et proposed operations are not allowed or or obligations of their recipients. seq.) is not required. are limited by Section 522(e)(1) of the (4) This rule does not raise novel legal Act. This article also requires OSM to or policy issues. 5. Executive Order 12630—Takings make determinations of compatibility 2. Regulatory Flexibility Act In accordance with Executive Order under the provisions of section 522(e)(2) 12630, the rule does not have significant of the Act. The Department of the Interior takings implications. The rule Article XI: Termination of Cooperative certifies that this rule will not have a establishes an Agreement at the request Agreement. This article allows the significant economic impact on a of the State of Indiana and will result in Governor or the Secretary to terminate substantial number of small entities the delegation of authority to the State. the Agreement under the provisions of under the Regulatory Flexibility Act (5 A takings implication assessment is not 30 CFR 745.15. U.S.C. 601 et seq.). This rule will required. Article XII: Reinstatement of establish an Agreement between the Cooperative Agreement. This article Department of the Interior and the State 6. Executive Order 12612—Federalism allows the Governor and the Secretary of Indiana. The Agreement does not In accordance with Executive Order to reinstate the Agreement, under the impose any new substantive 12612, the rule does not have significant provisions of 30 CFR 745.16, if it is requirements on the coal industry; it Federalism implications to warrant the terminated in whole or part. merely authorizes the State to regulate preparation of a Federalism Assessment. Article XIII: Amendment of surface coal mining and reclamation The rule establishes an Agreement at the Cooperative Agreement. This article activities on Federal lands in Indiana in request of the State of Indiana and will provides that the Governor and the lieu of the Federal government. result in the delegation of authority to Secretary, under the provisions of 30 3. Small Business Regulatory the State. Therefore, a Federalism CFR 745.14, may amend the Agreement Enforcement Fairness Act assessment is not required. by mutual consent. Article XIV: Changes in State or This rule is not a major rule under 5 7. Executive Order 12988—Civil Justice Federal Standards. This article U.S.C. 804(2), the Small Business Reform describes the procedures the Governor Regulatory Enforcement Fairness Act. In accordance with Executive Order or the Secretary must follow when they This rule: 12988, the Office of the Solicitor has Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6153 determined that this rule does not 30 U.S.C. 1253, to elect to enter into an B. Funds: unduly burden the judicial system and Agreement for the State regulation of surface 1. Upon application by DOR and subject to meets the requirements of sections 3(a) coal mining and reclamation operations appropriations, OSM will provide the State and 3(b)(2) of the Order. (including surface operations and surface with the funds to defray the costs associated impacts incident to underground mining with carrying out its responsibilities under 8. Paperwork Reduction Act operations) on Federal lands. This Agreement this Agreement as provided in section 705(c) provides for State regulation of coal of SMCRA, the grant agreement, and 30 CFR This rule does not require an exploration operations not subject to 43 CFR 735.16. Such funds will cover the full cost information collection from 10 or more Part 3400 and surface coal mining and incurred by DOR and NRC in carrying out parties and a submission under the reclamation operations in Indiana on Federal these responsibilities, provided that such Paperwork Reduction Act is not lands (30 CFR Chapter VII Subchapter D), cost does not exceed the estimated cost the required. An OMB form 83–I is not consistent with SMCRA and State and Federal government would have expended required. Federal laws governing such activities and on such responsibilities in the absence of this the Indiana State Program (Program). Agreement. 9. National Environmental Policy Act B. Purposes: The purposes of this 2. OSM’s Indianapolis Field Office and An environmental impact statement is Agreement are to (a) foster Federal-State OSM’s Mid-Continent Region Coordinating cooperation in the regulation of surface coal Center office will work with DOR to estimate not required for this rule since section the amount the Federal government would 702(d) of SMCRA (30 U.S.C. 1292(d)) mining and reclamation operations and coal exploration operations not subject to 43 CFR have expended for regulation of Federal provides that the implementation of a Part 3400; (b) minimize intergovernmental lands in Indiana in the absence of this Federal lands program under the overlap and duplication; and (c) provide Agreement. provision of section 523 of SMCRA does uniform and effective application of the 3. OSM and the State will discuss the OSM not constitute a major Federal action Program on all lands in Indiana in Federal lands cost estimate. After resolution within the meaning of section 102(2)(C) accordance with SMCRA, the Program, and of any issues, DOR will include the Federal of the National Environmental Policy this Agreement. lands cost estimate in the State’s annual Act of 1969 (42 U.S.C. 4332(2)(C)). C. Responsible Administrative Agencies: regulatory grant application submitted to The Natural Resource Commission (NRC) and OSM’s Indianapolis Field Office. 10. Author the Division of Reclamation (DOR) of the The State may use the existing year’s Indiana Department of Natural Resources budget totals, adjusted for inflation and The principal author of this rule is workload considerations in estimated Andrew R. Gilmore, Director, Office of will be responsible for administering this Agreement on behalf of the Governor under regulatory costs for the following grant year. Surface Mining, Indianapolis Field the approved Indiana Regulatory Program. OSM will notify DOR as soon as possible if Office, Minton-Capehart Federal The Office of Surface and Mining such projections are not acceptable. Building, 575 N. Pennsylvania Street, Reclamation and Enforcement (OSM) will 4. If DOR applies for a grant but sufficient Indianapolis, Indiana 46204–1521. administer this Agreement on behalf of the funds have not been appropriated to OSM, Secretary. OSM and DOR will promptly meet to decide List of Subjects in 30 CFR Part 914 on appropriate measures that will insure that Intergovernmental relations, Surface Article II: Effective Date surface coal mining and reclamation mining, Underground mining. After being signed by the Secretary and the operations on Federal lands in Indiana are Governor, this Agreement will take effect 30 regulated in accordance with the Program. If Dated: January 20, 1999. days after publication in the Federal Register agreement cannot be reached, either party Sylvia V. Baca, as a final rule: This Agreement will remain may terminate the Agreement in accordance Acting Assistant Secretary, Land and in effect until terminated as provided in with Article XI of this Agreement. Minerals Management. Article XI. 5. Funds provided to the DOR under this Agreement will be adjusted in accordance For the reasons given in the preamble, Article III: Definitions OSM proposes to amend 30 CFR part with Office of Management and Budget The terms and phrases used in this Common Rule for Uniform Administration 914 as set forth below: Agreement which are defined in SMCRA, 30 Requirements for Grants and Cooperative CFR Parts 700, 701 and 740, the Program, Agreements to State and Local Governments. PART 914ÐINDIANA including the OSM approved State Act (I.C. C. Reports and Records: DOR will make 1. The authority citation for part 914 14–34), and the rules and regulations annual reports to OSM containing continues to read as follows: promulgated pursuant to those Acts, will be information with respect to compliance with given the meanings set forth in said the terms of this Agreement pursuant to 30 Authority: 30 U.S.C. 1201 et seq. definitions. Where there is a conflict between CFR 745.12(d). Upon request, DOR and OSM 2. Section 914.30 is added to read as the above referenced State and Federal will exchange information developed under follows: definitions, the definitions used in the this Agreement, except where prohibited by Program will apply. Federal or State law. OSM will provide DOR with a copy of any § 914.30 State-Federal Cooperative Article IV: Applicability Agreement. final evaluation report prepared concerning In accordance with the Federal lands State administration and enforcement of this State-Federal Cooperative Agreement program, the laws, regulations, terms and Agreement. DOR comments on the report The Governor of the State of Indiana conditions of the Program are applicable to will be appended before transmission to the (Governor) and the Secretary of the Federal lands in Indiana except as otherwise Congress, unless necessary to respond to a stated in this Agreement, SMCRA, 30 CFR Department of the Interior (Secretary) request by a date certain, or to other 740.4, 740.11(a) and 745.13, and other interested parties. enter into a Cooperative Agreement applicable laws, Executive Orders, or D. Personnel: Subject to adequate (Agreement) to read as follows: regulations. appropriations and grant awards, the DOR will maintain the necessary personnel to Article I: Introduction, Purposes and Article V: General Requirements Responsibile Agencies fully implement this Agreement in The Governor and the Secretary affirm accordance with the provisions of SMCRA, A. Authority: This Agreement is authorized that they will comply with all the the Federal lands program, and the Program. by section 523(c) of the Surface Mining provisions of this Agreement. E. Equipment and Laboratories: Subject to Control and Reclamation Act (SMCRA), 30 A. Authority of State Agency: DOR and adequate appropriations and grant awards, U.S.C. 1273(c), which allows a State with a NRC have and will continue to have the the DOR will assure itself access to permanent regulatory program approved by authority under State law to carry out this equipment, laboratories, and facilities with the Secretary under section 503 of SMCRA, Agreement. which all inspections, investigations, studies, 6154 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules tests, and analyses can be performed which information to DOR within 45 calendar days C. Review Procedures Where Leased Federal are necessary to carry out the requirements of the date of receipt of the PAP. OSM will Coal Is Involved of the Agreement. assist DOR in obtaining this information, 1. DOR will assume the responsibilities F. Permit Application Fees and Civil upon request. listed in 30 CFR 740.4(c)(1), (2), (3), (4), (6) Penalties: The amount of the fee Responsibilities and decisions which can and (7), to the extent authorized. accompanying an application for a permit for be delegated to DOR under other applicable In accordance with 30 CFR 740.4(c)(1), surface coal mining and reclamation Federal laws may be specified in working DOR will assume responsibility for the operations on Federal lands in Indiana will agreements between OSM and the State, with analysis, review and approval, disapproval, be determined in accordance with the the concurrence of any Federal agency or conditional approval of the permit approved Indiana Program. All permit fees, involved, and without amendment to this application component of the PAP for surface civil penalties and fines collected from coal mining and reclamation operations in operations on Federal lands will be retained Agreement. 2. DOR will assume responsibility for the Indiana where a mining plan is required, by the State and will be deposited within the including applications for revisions, analysis, review and approval, disapproval, Natural Resources Reclamation Division renewals and transfer sale and assignment of or conditional approval of the permit Fund. Permit fees will be considered program such permits. OSM will, at the request of the income. Civil penalties and fines will not be application component of the PAP required State, assist to the extent possible in this considered program income. The financial by 30 CFR 740.13 for surface coal mining and analysis and review. status report submitted pursuant to 30 CFR reclamation operations in Indiana on Federal DOR will be the primary point of contact 735.26 will include a report of the amount of lands not requiring a mining plan pursuant for applicants regarding the review of the fees, penalties, and fines collected on such to the Mineral Leasing Act (MLA). DOR will PAP for compliance with the Program and permits during the State’s prior fiscal year. review the PAP for compliance with the State law and regulations. DOR will be Article VI: Review of Permit Application Program and the OSM approved State Act responsible for informing the applicant of all Package and regulations. DOR will be the primary joint State-Federal determinations. point of contact for applicants regarding DOR will to the extent authorized, consult A. Submission of Permit Application Package decisions on the PAP and will be responsible with the Federal land management agency 1. DOR and the Secretary require an for informing the applicant of and the Bureau of Land Management (BLM) applicant proposing to conduct surface coal determinations. pursuant to 30 CFR 740.4(c)(2) and (3), mining and reclamation operations on 3. The Secretary will make his respectively. On matters concerned exclusively with regulations under 43 CFR Federal lands covered by this Agreement to determinations under SMCRA that cannot be part 3480, Subparts 3480 through 3487, BLM submit a permit application package (PAP) in delegated to the State. Some of which have an appropriate number of copies to DOR. will be the primary contact with the been delegated to OSM. DOR will furnish OSM and other Federal applicant. BLM will inform DOR of its agencies with an appropriate number of 4. OSM and DOR will coordinate with each actions and provide DOR with a copy of copies of the PAP. The PAP will be in the other during the review process as needed. documentation on all decisions. form required by DOR and will include any OSM will provide technical assistance to DOR will send the OSM copies of any supplemental information required by OSM, DOR when requested, if available resources correspondence with the applicant and any the Federal land management agency, and allow. DOR will keep OSM informed of information received from the applicant other agencies with jurisdiction or findings made during the review process regarding the PAP. OSM will send to DOR responsibility over Federal lands affected by which bear on the responsibilities of OSM or copies of all correspondence with the the operations proposed in the PAP. other Federal agencies. OSM may provide applicant which may have a bearing on the At a minimum, the PAP will satisfy the assistance to DOR in resolving conflicts with PAP. As a matter of practice, OSM will not requirements of 30 CFR 740.13(b) and Federal land management agencies. OSM independently initiate contacts with include the information necessary for DOR to will be responsible for ensuring that any applicants regarding completeness or make a determination of compliance with the information OSM receives from an applicant deficiencies of the PAP with respect to matters covered by the Program. Program and for OSM and the appropriate is promptly sent to DOR. OSM will have Federal agencies to make determinations of DOR will also be responsible for obtaining access to DOR files concerning operations on the comments and determinations of other compliance with applicable requirements of Federal lands. OSM will send to DOR copies SMCRA, the Federal lands program, and Federal agencies with jurisdiction or of all resulting correspondence between OSM responsibility over Federal lands affected by other Federal laws, Executive Orders, and and the applicant that may have a bearing on regulations for which they are responsible. the operations proposed in the PAP. DOR decisions regarding the PAP. The Secretary 2. For any outstanding or pending permit will request all Federal agencies to furnish applications on Federal lands being reserves the right to act independently of their findings or any requests for additional processed by OSM prior to the effective date DOR to carry out his responsibilities under information to DOR within 45 days of the of this Agreement, OSM will maintain sole laws other than SMCRA. date of receipt of the PAP. OSM will assist permit decision responsibility. After the final 5. DOR will make a decision on approval, DOR in obtaining this information, upon decision, all additional responsibilities shall disapproval or conditional approval of the request of DOR. pass to DOR pursuant to the terms of this permit on Federal lands. DOR will be responsible for approval and Agreement along with any attendant fees, (a) Any permit issued by DOR will release of performance bonds under 30 CFR fines, or civil penalties therefrom. incorporate any lawful terms or conditions 740.4(c)(4) in accordance with Article IX of imposed by the Federal land management this Agreement, and for review and approval B. Review Procedures Where There Is No under 30 CFR 740.4(c)(6) of exploration Leased Federal Coal Involved agency, including conditions relating to post- mining land use, and will be conducted in operations not subject to 43 CFR Part 3480, 1. DOR will assume the responsibilities for Subparts 3480–3487. compliance with the requirements of the review of PAPs where there is no leased DOR will prepare documentation to Federal land management agency. Federal coal to the extent authorized in 30 comply with the requirements of NEPA CFR 740.4(c)(1), (2), (4), (6) and (7). In (b) The permit will include lawful terms under 30 CFR 740.4(c)(7); however, OSM will addition to consultation with the Federal and conditions required by other applicable retain the responsibility for the exceptions in land management agency pursuant to 30 CFR Federal laws and regulations. 30 CFR 740.4(c)(7) (i)–(vii). 740.4(c)(2), DOR will be responsible for (c) After making its decision on the PAP, 2. The Secretary will concurrently carry obtaining, except for non-significant DOR will send a notice to the applicant, out his responsibilities under 30 CFR revisions, the comments and determinations OSM, the Federal land management agency, 740.4(a) that cannot be delegated to DOR of other Federal agencies with jurisdiction or and any agency with jurisdiction or under the Federal lands program, MLA, the responsibility over Federal lands affected by responsibility over Federal lands affected by National Environmental Policy Act (NEPA), the operations proposed in the PAP. DOR the operations proposed in the PAP. A copy this Agreement, and other applicable Federal will request such Federal agencies to furnish of the permit and written findings will be laws. The Secretary will carry out these their findings or any requests for additional submitted to OSM upon request. responsibilities in a timely manner and will Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6155 avoid to the extent possible, duplication of the PAP and specify any requirements for D.2. of this Article will be reviewed and the responsibilities of the State as set forth additional data. To the extent practicable, approved following the procedures set forth in this Agreement and the Program. The DOR will provide OSM all available under Indiana law and the State Program and Secretary will consider the information in the information that may aid OSM in preparing paragraphs B.1. through B.5. of this Article. PAP and, where appropriate, make decisions any findings. 4. Transfer, assignment or sale of permit required by SMCRA, MLA, NEPA, and other (e) DOR will prepare a State decision rights on Federal lands shall be processed in Federal laws. package, including written findings and accordance with Indiana law and the State Responsibilities and decisions which can supporting documentation, indicating Program and 30 CFR 740.13(e). be delegated to the State under other whether the PAP is in compliance with the applicable Federal laws may be specified in Program. The review and finalization of the Article VII: Inspections working agreements between OSM and DOR, State decision package will be conducted in A. DOR will conduct inspections on with concurrence of any Federal agency accordance with procedures for processing Federal lands in accordance with 30 CFR involved, and without amendment to this PAPs agreed upon by DOR and OSM. 740.4(c)(5) and prepare and file inspection Agreement. (f) DOR may make a decision on approval reports in accordance with the Program. Where necessary to make the or disapproval of the permit on Federal lands B. DOR will, subsequent to conducting any determination to recommend that the in accordance with the Program prior to the inspection pursuant to 30 CFR 740.4(c)(5), Secretary approve the mining plan, OSM will necessary Secretarial decision on the mining and on a timely basis, file with OSM a legible consult with and obtain the concurrences of plan, provided that DOR advises the operator copy of the completed State inspection the BLM, the Federal land management in the permit that Secretarial approval of the report. agency and other Federal agencies as mining plan must be obtained before the C. DOR will be the point of contact and required. operator may conduct coal development or primary inspection authority in dealing with The Secretary reserves the right to act mining operations on the Federal lease. DOR the operator concerning operations and independently of DOR to carry out his will reserve the right to amend or rescind any compliance with the requirements covered responsibilities under laws other than requirements of the permit to conform with by the Agreement, except as described SMCRA or provisions of SMCRA not covered any terms or conditions imposed by the hereinafter. Nothing in this Agreement will by the Program, and in instances of Secretary in his approval of the mining plan. prevent inspections by authorized Federal or disagreement over SMCRA and the Federal (g) The permit will include, as applicable, State agencies for purposes other than those lands program. terms and conditions required by the lease covered by this Agreement. The Department 3. OSM will assist DOR in carrying out issued pursuant to the MLA and by any other may conduct any inspections necessary to DOR’s responsibilities by: applicable Federal laws and regulations, comply with 30 CFR parts 842 and 843 and (a) Coordinating resolution of conflicts and including conditions imposed by the Federal its obligations under laws other than difficulties between DOR and other Federal land management agency relating to post- SMCRA. agencies in a timely manner. mining land use, and those of other affected D. OSM will give DOR reasonable notice of (b) Assisting in scheduling joint meetings, agencies, and will be conditioned on its intent to conduct an inspection under 30 upon request, between State and Federal compliance with the requirements of the CFR 842.11 in order to provide State agencies. Federal land management agency with inspectors with an opportunity to join in the (c) Where OSM is assisting DOR in jurisdiction. inspection. reviewing the PAP, furnishing to DOR the (h) After making its decision on the PAP, When OSM is responding to a citizen work product within 50 calendar days of DOR will send a notice to the applicant, complaint of an imminent danger to the receipt of the State’s request for such OSM, the Federal land management agency, public health and safety, or of significant, assistance, unless a different time is agreed and any agency with jurisdiction or imminent environmental harm to land, air or upon by OSM and DOR. responsibility over Federal land affected by water resources, pursuant to 30 CFR (d) Exercising its responsibilities in a operations proposed in the PAP. A copy of 842.11(b)(1)(ii)(C), it will contact DOR no less the written findings and the permit will also timely manner, governed to the extent than 24 hours prior to the Federal inspection, be submitted to OSM. possible by the deadlines established in the if practicable, to facilitate a joint Federal/ 5. OSM will provide technical assistance to Program. State inspection. All citizen complaints DOR when requested, if available resources 4. Review of the PAP: which do not involve an imminent danger or allow. OSM will have access to DOR files (a) OSM and DOR will coordinate with significant, imminent environmental harm concerning operations on Federal lands. each other during the review process as will be referred to DOR for action. The needed. DOR will keep OSM informed of D. Review Procedures for Permit Revisions; Secretary reserves the right to conduct findings and technical analyses made during Renewals; and Transfer Assignment or Sate inspections without prior notice to DOR to the review process which bear on the of Permit Rights carry out his responsibilities under SMCRA. responsibilities of OSM or other Federal 1. Any permit revision or renewal for an Article VIII: Enforcement agencies. OSM will ensure that any operation on Federal lands will be reviewed information it receives which has a bearing and approved or disapproved by DOR after A. DOR will have primary enforcement on decisions regarding the PAP is promptly consultation with OSM on whether such authority under SMCRA concerning sent to DOR. revision or renewal constitutes a mining plan compliance with the requirements of the (b) DOR will review the PAP for modification pursuant to 30 CFR 746.18. Agreement and the Program in accordance compliance with the Program and State law OSM will inform DOR within 30 days of with 30 CFR 740.4(c)(5). Enforcement and regulations. receiving a copy of a proposed revision or authority given to the Secretary under other (c) OSM will review the operation and renewal, whether the permit revision, or Federal laws and Executive orders including, reclamation plan portion of the permit renewal constitutes a mining plan but not limited to, those listed in Appendix application, and any other appropriate modification. Where approval of a mining A (attached) is reserved to the Secretary. portions of the PAP for compliance with the plan modification is required, OSM and DOR B. During any joint inspection by OSM and non-delegable responsibilities of SMCRA and will follow the procedures outlined in DOR, DOR will have primary responsibility for compliance with the requirements of paragraphs C. 1. through C.5. of this Article. for enforcement procedures, including other Federal laws and regulations. 2. OSM may establish criteria consistent issuance of orders of cessation, notices of (d) OSM and DOR will develop a work with 30 CFR 746.18 to determine which violation, and assessment of penalties. DOR plan and schedule for PAP review and each permit revisions and renewals clearly do not will inform OSM prior to issuance of any will identify a person as the project leader. constitute mining plan modifications. decision to suspend or revoke a permit on The project leaders will serve as the primary 3. Permit revisions or renewals on Federal Federal lands. points of contact between OSM and DOR lands which are determined by OSM not to C. During any inspection made solely by throughout the review process. Not later than constitute mining plan modifications under OSM or any joint inspection where DOR and 50 days after receipt of the PAP, unless a paragraph D. 1. of this Article or that meet OSM fail to agree regarding the propriety of different time is agreed upon, OSM will the criteria for not being mining plan any particular enforcement action, OSM may furnish DOR with its review comments on modifications as established under paragraph take any enforcement action necessary to 6156 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules comply with 30 CFR parts 843, 845, and 846. management agency with jurisdiction over Article XII: Reinstatement of Cooperative Such enforcement action will be based on the the petition area, and will solicit comments Agreement standards in the Program, SMCRA, or both, from the agency. If this Agreement has been terminated in and will be taken using the procedures and B. Valid Existing Rights and Compatibility whole or in part it may be reinstated under penalty system contained in 30 CFR parts the provisions of 30 CFR 745.16. 843, 845, and 846. Determinations D. DOR and OSM will promptly notify The following actions will be taken when Article XIII: Amendment of Cooperative each other of all violations of applicable requests for determinations of VER pursuant Agreement laws, regulations, orders, or approved mining to section 522(e) of SMCRA or for This Agreement may be amended by permits subject to this Agreement, and of all determinations of compatibility pursuant to mutual agreement of the Governor and the actions taken with respect to such violations. section 522(e)(2) of SMCRA, and received Secretary in accordance with 30 CFR 745.14. E. Personnel of DOR and the Department prior to or at the time of submission of a PAP of the Interior, including OSM, will be Article XIV: Changes in State or Federal that involves surface coal mining and Standards mutually available to serve as witness in reclamation operations and activities: enforcement actions taken by either party. 1. For Federal lands within the boundaries A. The Secretary or the Governor may from F. This Agreement does not affect or limit time to time promulgate new or revised of any areas specified under section 522(e)(1) the Secretary’s authority to enforce violations performance or reclamation requirements or of Federal laws other than SMCRA. of SMCRA, OSM will determine whether enforcement and administration procedures. VER exists for such areas. Each party will, if it determines it to be Article IX: Bonds For private in holdings within section necessary to keep this Agreement in force, A. DOR and the Secretary will require each 522(e)(1) areas, DOR, with the consultation change or revise its regulations or request operator who conducts operations on Federal and concurrence of OSM, will determine necessary legislative action. Such changes lands to submit a performance bond payable whether surface coal mining operations on will be made under the procedures of 30 CFR to the State of Indiana and the United States such lands will or will not affect the Federal part 732 for changes to the Program and to cover the operator’s responsibilities under interest (Federal lands as defined in section under the procedures of section 501 of SMCRA and the Program. Such performance 701(4) of SMCRA). OSM will process VER SMCRA for changes to the Federal lands bond will be conditioned upon compliance determination requests on private in holdings program. with all requirements of the SMCRA, the within the boundaries of section 522(e)(1) B. DOR and the Secretary will provide each Program, State rules and regulations, and any areas where surface coal mining operations other with copies of any changes to their other requirements imposed by the Secretary affects the Federal interest. respective laws, rules, regulations or or the Federal land management agency. standards pertaining to the enforcement and 2. For Federal lands within the boundaries Such bond will provide that if this administration of this Agreement. Agreement is terminated, the portion of the of any national forest where proposed Article XV: Changes in Personnel and bond covering the Federal lands will be operations are prohibited or limited by Organization payable only to the United States. DOR will section 522(e)(2) of SMCRA and 30 CFR advise OSM of annual adjustments to the 761.11(b), OSM will make the VER Each party to this Agreement will notify performance bond pursuant to the Program. determinations. OSM will process requests the other, when necessary, of any changes in B. Performance bonds will be subject to for determinations of compatibility under personnel, organization and funding, or other release and forfeiture in accordance with the section 522(e)(2) of SMCRA. changes that may affect the implementation procedures and requirements of the Program. 3. For Federal lands, DOR will determine of this Agreement to ensure coordination of Where surface coal mining and reclamation whether any proposed operation will responsibilities and facilitate cooperation. operations are subject to an approved mining adversely affect any publicly owned park Article XVI: Reservation of Rights plan, a performance bond shall be released and, in consultation with the State Historic by the State after the release is concurred in Preservation Officer, places listed in the This Agreement will not be construed as by OSM. National Register of Historic Sites, with waiving or preventing the assertion of any rights in this Agreement that the state or the C. Submission of a performance bond does respect to the prohibitions or limitations of Secretary may have under laws other than not satisfy the requirements for a Federal section 522(e)(3) of SMCRA. DOR will make SMCRA or their regulations including but not lease bond required by 43 CFR Subpart 3474 the VER determination for such lands using or lessee protection bond required in limited to those listed in Appendix A. the State Program. DOR will coordinate with lllllllllllllllllllll addition to a performance bond, in certain any affected agency or agency with circumstances, by section 715 of SMCRA. jurisdiction over the proposed surface coal Bruce Babbitt, Article X: Designating Land Areas Unsuitable mining and reclamation operations. Secretary of the Interior. for all or Certain Types of Surface Coal In the case that VER is determined not to lllllllllllllllllllll Mining and Reclamation Operations and exist under section 522(e)(3) of SMCRA or 30 Date Activities and Valid Existing Rights (VER) CFR 761.11(c), no surface coal mining lllllllllllllllllllll and Compatibility Determinations operations will be permitted unless jointly Frank O’Bannon, approved by DOR and the Federal, State or A. Unsuitability Petitions Governor of Indiana. local agency with jurisdiction over the 1. Authority to designate Federal lands as publicly owned park or historic place. lllllllllllllllllllll unsuitable for mining pursuant to a petition, 4. DOR will process and make Date including the authority to make substantial legal and financial commitment determinations of VER on Federal lands, Appendix A using the State Program, for all areas limited determinations pursuant to section 522(a)(6) 1. The Federal Land Policy and or prohibited by section 522(e)(4) and (5) of of SMCRA, is reserved to the Secretary. Management Act, 43 U.S.C. 1701 et seq., and 2. When either DOR or OSM receives a SMCRA as unsuitable for mining. For implementing regulations. petition to designate land areas unsuitable for operations on Federal lands, DOR will 2. The Mineral Leasing Act of 1920, 30 all or certain types of surface coal mining coordinate with any affected agency or U.S.C. 181 et seq., and implementing operations that could impact adjacent agency with jurisdiction over the proposed regulations, including 43 CFR part 3480. Federal or non-Federal lands pursuant to surface coal mining and reclamation 3. The National Environmental Policy Act section 522(c) of SMCRA, the agency operation. of 1969, 42 U.S.C. 4321 et seq., and receiving the petition will notify the other of implementing regulations, including 40 CFR Article XI: Termination of Cooperative its receipt and the anticipated schedule for part 1500. Agreement reaching a decision, and request and fully 4. The Endangered Species Act, as consider data, information and This Agreement may be terminated by the amended, 16 U.S.C. 1531 et seq., and recommendations of the other. OSM will Governor or the Secretary under the implementing regulations, including 50 CFR coordinate with the Federal land provisions of 30 CFR 745.15. part 402. Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Proposed Rules 6157

5. The Fish and Wildlife Coordination Act, and Archaeological Data Act of 1974, 16 17. Surface Mining Control and as amended, 16 U.S.C. 661 et seq.; 48 Stat. U.S.C. et seq. Reclamation Act of 1977, 30 U.S.C. 1201 et 401. 11. Executive Order 11593 (May 13, 1971), seq. 6. The National Historic Preservation Act Cultural Resource Inventories on Federal 18. 30 CFR Chapter VII. of 1966, 16 U.S.C. 470 et seq., and Lands. 19. The Constitution of the State of implementing regulations, including 36 CFR Indiana. part 800. 12. Executive Order 11988 (May 24, 1977), 7. The Clean Air Act, 42 U.S.C. 7401 et for flood plain protection. 20. Indiana Surface Coal Mining and seq., and implementing regulations. 13. Executive Order 11990 (May 24, 1977), Reclamation Act (P.L. 1—1995, SEC. 27) at 8. The Federal Water Pollution Control for wetlands protection. Ind. Code 14–34 et seq. Act, 33 U.S.C. 1251 et seq., and 14. The Mineral Leasing Act for Acquired 21. Indiana Department of Natural implementing regulations. Lands, 30 U.S.C. 351 et seq., and Resources, Coal Mining and Reclamation 9. The Resource Conservation and implementing regulations. Operations, Rules and Regulations, 310 Ind. Recovery Act of 1976, 42 U.S.C. 6901 et seq., 15. The Stock Raising Homestead Act of Admin. Code 12. and implementing regulations. 1916, 43 U.S.C. 291 et seq. 10. The Reservoir Salvage Act of 1960, [FR Doc. 99–2911 Filed 2–5–99; 8:45 am] 16. The Constitution of the United States. amended by the Preservation of Historical BILLING CODE 4310±05±P federal register February 8,1999 Monday Lift DeviceControls;FinalRule Revision ofGateRequirementsforHigh- 14 CFRPart25 Federal AviationAdministration Transportation Department of Part IV 6159 6160 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Washington, DC 20591, or by calling position, including a continuous (202) 267–9680. Communications must retraction from the fully extended Federal Aviation Administration reference the amendment number or position to the fully retracted position. docket number of this final rule. In Amendment 25–23 to part 25, the 14 CFR Part 25 Persons interested in being placed on FAA revised this requirement to allow [Docket No. 28930; Amdt. No. 25±98] the mailing list for future notices of the use of segmented retractions if gates proposed rulemaking and final rules are provided on the control the pilot RIN 2120±AF82 should request from the above office a uses to select the high-lift device copy of Advisory Circular (AC) No. 11– Revision of Gate Requirements for position. 2A, Notice of Proposed Rulemaking Gates are devices that require a High-Lift Device Controls Distribution System, which describes separate and distinct motion of the AGENCY: Federal Aviation the application procedure. control before the control can be moved through a gated position. The purpose of Administration, DOT. Small Entity Inquiries ACTION: Final rule. the gates is to prevent pilots from The Small Business Regulatory inadvertently moving the high-lift SUMMARY: This action amends the Enforcement Fairness Act of 1996 device control through the gated airworthiness standards for transport (SBREFA) requires the FAA to report position. Gate design requirements were category airplanes to revise the inquiries from small entities concerning introduced into part 25 with requirements concerning gated positions information on, and advice about, Amendment 25–23, which revised on the control used by the pilot to select compliance with statutes and § 25.145(c) to allow the no altitude loss the position of an airplane’s high-lift regulations within the FAA’s requirement to be met by segmented devices. The FAA is taking this action jurisdiction, including interpretation retractions of the high-lift devices to update the current standards to take and application of the law to specific between gated positions of the high lift into account the multiple configurations sets of facts supplied by a small entity. devices. As amended by Amendment of the high-lift devices provided on The FAA’s definitions of small 25–23, § 25.145(c) specifies that the no current airplanes to perform landings entities may be accessed through the altitude loss requirement applies to and go-around maneuvers. This final FAA’s web page (http://www.faa.gov/ retractions of the high-lift devices rule also harmonizes these standards avr/arm/sbrefa.htm), by contacting a between the gated positions and with those being adopted by the local FAA official or by contacting the between the gates and the fully European Joint Aviation Authorities FAA’s Small Entity Contact listed extended and fully retracted positions. (JAA). below. In addition, the first gated control If you are a small entity and have a EFFECTIVE DATE: March 10, 1999. position from the landing position must question, contact your local FAA correspond to the position used to FOR FURTHER INFORMATION CONTACT: Don official. If you do not know how to establish the go-around procedure from Stimson, FAA, Airplane and Flight contact your local FAA official, you may the landing configuration. Crew Interface Branch, ANM–111, contact Charlene Brown, Program In Notice of Proposed Rulemaking 97– Transport Airplane Directorate, Aircraft Analyst Staff, Office of Rulemaking, 9, which was published in the Federal Certification Service, 1601 Lind Avenue ARM–27, Federal Aviation Register on June 9, 1997 (62 FR 31482), SW., Renton, WA 98055–4056; Administration, 800 Independence the FAA proposed to update the gate telephone (425) 227–1129; facsimile Avenue, SW., Washington, DC 20591, design standards to clarify which (425) 227–1320, e-mail 1–888–551–1594. Internet users can find positions of the high-lift device control [email protected]. additional information on SBREFA in should be gated and to harmonize these SUPPLEMENTARY INFORMATION: the ‘‘Quick Jump’’ section of the FAA’s standards with those being proposed for Availability of Final Rule web page at http://www.faa.gov/avr/ the European Joint Airworthiness arm/sbrefa.htm and may send electronic Requirements (JAR–25). The proposal An electronic copy of this document inquiries to the following Internet contained in Notice 97–9 was originally may be downloaded using a modem and address: 9–AWA–[email protected]. developed by the Aviation Rulemaking suitable communications software from Advisory Committee (ARAC) and Background the FAA regulations section of the presented to the FAA as a FedWorld electronic bulletin aboard Section 25.145(c) of 14 CFR part 25 of recommendation for rulemaking. service (telephone: 703–321–3339), the the Federal Aviation Regulations Government Printing Office’s electronic prescribes conditions under which it The Aviation Rulemaking Advisory bulletin board service (telephone: 202– must be possible for the pilot, without Committee 512–1661), or the FAA’s Aviation using exceptional piloting skill, to The ARAC was formally established Rulemaking Advisory Committee prevent losing altitude while retracting by the FAA on January 22, 1991 (56 FR Bulletin Board service (telephone: 800– the airplane’s high-lift devices (e.g., 2190), to provide advice and 322–2722 or 202–267–5948). wing flaps and slats). The intent of this recommendations concerning the full Internet users may reach the FAA’s requirement is to ensure that during a range of the FAA’s safety-related web page at http://www.faa.gov/avr/ go-around from an approach to landing, rulemaking activity. This advice was arm/nprm/nprm.htm or the Government the high-lift devices can be retracted at sought to develop better rules in less Printing Office’s web page at http:// a rate that prevents altitude loss if the overall time using fewer FAA resources www.access.gpo.gov/nara for access to pilot applies maximum available power than are currently needed. The recently published rulemaking to the engines at the same time the committee provides the opportunity for documents. control lever is moved to begin the FAA to obtain firsthand information Any person may obtain a copy of this retracting the high-lift devices. and insight from interested parties document by submitting a request to the Prior to Amendment 25–23 to part 25, regarding proposed new rules or Federal Aviation Administration, Office the § 25.145(c) requirement applied to revisions of existing rules. of Rulemaking, ARM–1, 800 retractions of the high-lift devices from There are over 60 member Independence Avenue, SW., any initial position to any ending organizations on the committee, Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 6161 representing a wide range of interests Currently, § 24.145(c) requires the should not result in a loss of altitude. within the aviation community. first gated control position from the Therefore, the FAA proposed to further Meetings of the committee are open to landing position to ‘‘correspond with revise the existing gate standards to the public, except as authorized by the high-lift devices configuration used require applicants to demonstrate that section 10(d) of the Federal Advisory to establish the go-around procedure no less altitude will result from Committee Act. from the landing configuration.’’ The retracting the high-lift devices from each The ARAC establishes working groups wording of this requirement implies that approved landing position to the to develop proposals to recommend to airplanes have only one configuration position(s) corresponding with the high- the FAA for resolving specific issues. that can be used for landing and one lift device configuration(s) used to Tasks assigned to working groups are configuration that can be used to establish the go-around procedure(s) published in the Federal Register. perform a go-around maneuver. Modern from that landing configuration. Although working group meetings are transport category airplanes, however, The existing § 25.145(c) also requires not generally open to the public, all typically have multiple configurations that a separate and distinct movement of interested parties are invited to that can be used for performing a the high-lift device control must be participate as working group members. landing or a go-around. Airplane made to pass through a gated position. Working groups report directly to the manufacturers provide multiple landing The FAA proposed to further clarify the ARAC, and the ARAC must concur with and go-around configurations to gate design criteria in the proposed a working group proposal before that optimize airplane performance for § 25.145(d) to specify that this separate proposal can be presented to the FAA as different environmental conditions (e.g., and distinct movement can occur only an advisory committee field elevation and temperature) and for at the gated position. This provision recommendation. non-normal situations (e.g., inoperative would ensure that the pilot receives The activities of the ARAC will not, engines or systems). tactile feedback when the control To provide for airplanes with reaches a gated position. Although the however, circumvent the public multiple landing and go-around FAA has always interpreted the current rulemaking procedures. After an ARAC configurations, the FAA proposed to requirements in a manner consistent recommendation is received and found revise the portion of the gate with this provision, this proposal will acceptable by the FAA, the agency requirements relating to the placement assist applicants by clarifying the part proceeds with the normal public of the first gated control position from 25 design requirements for gated high- rulemaking procedures. Any ARAC the landing position by inserting the lift device control positions. participation in a rulemaking package word ‘‘maximum’’ preceding ‘‘landing The amendments proposed in Notice will be fully disclosed in the public position’’ and by replacing ‘‘the high-lift 97–9 were harmonized with proposed docket. devices configuration’’ and the go- amendments to JAR–25. The Joint Discussion of the Proposals around procedure’’ with ‘‘a Aviation Authorities published Notice configuration of the high-lift devices’’ of Proposed Amendment (NPA) 25B– In Notice 97–9, the FAA proposed to and ‘‘a go-around procedure,’’ 238 on June 20, 1997, which, in update the gate design standards to respectively. The FAA considered combination with the proposed part 25 clarify which positions of the high-lift allowing the location of the flap gates to changes, would achieve complete device control should be gated and to be made independent of the go-around harmonization of the affected positions harmonize these standards with those position; however, from a human factors of part 25 and JAR–25. being proposed for the European Joint standpoint, providing a gate at a go- Discussion of Comments Airworthiness Requirements. First, the around position assists the pilot in FAA proposed to re-codify the gate selecting the proper configuration for a Very few comments were received on requirements of § 25.145(c) as a new maneuver that is usually unexpected the part 25 rule changes proposed by the § 25.145(d). Second, the FAA proposed and entails a high workload. The FAA FAA in Notice 97–9. Three of the to update and clarify the requirement considers that requiring a gate at every commenters, which were organizations that the first gated control position from approved go-around position would also represented in the ARAC process that the landing position corresponds to the be undesirable. Too many gates would developed these proposals, expressed configuration used to execute a go- make it difficult for the pilot to move their support for the proposals. One of around from an approach to landing. the control through high-lift device these commenters noted that the ARAC Third, the FAA proposed to clarify that positions that might not be used during process was highly successful in performing a go-around maneuver normal operations. For go-around developing a better proposal than what beginning from any approved landing maneuvers using a different high-lift was envisaged at the beginning of the configuration should not result in a loss device position than the position that is process, did so in a very short period of of altitude, regardless of the location of gated, the gate can still serve as a guide time, and ended up with a proposal that gated control positions. Fourth, the FAA for selecting the proper configuration was unanimously supported by all the proposed to add a statement to clarify (e.g., the pilot could move the control to participants. This commenter expressed that the ‘‘separate and distinct motion’’ the gate and either forward or backward hope that the FAA will continue to required to move the high-lift device one or more positions). make improvements in the process to control through a gated position must be The FAA also proposed a revision to develop rules in less overall time. made at that gated position. Advisory Circular (AC) 25–7, ‘‘Flight One commenter, whose organization The existing gate requirements are Test Guide for Certification of Transport was also represented in the ARAC contained in a separate, but Category Airplanes’’ (June 17, 1997, 62 deliberations, expressed support for the undesignated paragraph at the end of FR 32852) to provide additional proposals, but also suggested several § 25.145(c). To be consistent with guidance regarding criteria for locating changes be made. First, the commenter current codification practices, the FAA the gate when the airplane has multiple notes that § 25.145 uses both terms proposed to re-codify these go-around configurations. ‘‘wing flaps’’ and ‘‘high lift devices.’’ requirements as a new § 25.145(d). Re- Regardless of the location of any The commenter suggests standardizing codification would not affect the gates, initiating a go-around from any of on the single term ‘‘high lift devices’’ content or intent of the requirement. the approved landing configurations throughout. 6162 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations

Second, the commenter alleges that The commenter is correct in stating go-around position would be the FAA proposal differs from the JAA that there is no reference within part 25 undesirable. Too many gates would proposal relative to the position of the regarding the relationship between the make it difficult for the pilot to move first gated position from the maximum configuration for the missed approach the control through high-lift device landing position. The commenter claims (used to comply with §§ 25.101(g) and positions that might not be used during that the FAA proposal would require 25.121(d)) and the configuration used normal operations. For go-around the gate to correspond with the for go-around (used to comply with maneuvers using a different high-lift configuration used to establish a go- § 25.145(d)). Although a single device position than the position that is around procedure from ‘‘the’’ landing configuration is typically specified by gated, the gate can still serve as a guide position, implying that the landing the applicant for both situations, the for selecting the proper configuration position is the maximum position. The commenter points out that this is not a (e.g., the pilot could move the control to commenter notes that the JAA proposal part 25 requirement. The FAA disagrees the gate and either forward or backward refers to ‘‘a’’ landing position, which the that further clarification of the one or more positions). commenter believes allows the optimum definitions and procedures associated Although the FAA generally agrees gate position to be chosen when there with the missed approach and go- that from a human factors standpoint a are multiple landing configurations. around configurations is necessary. The consistent operational procedure is Third, the commenter notes that there configuration associated with a missed desirable, this objective would not is no reference within part 25 regarding approach is specifically defined in necessarily be achieved even if the the relationship between the § 25.121(d), which refers to an approach commenter’s suggestion were adopted. configuration for the missed approach configuration prior to selection of the For a typical transport category airplane (§§ 25.101(g) and 25.121(d)) and the landing configuration. The go-around with multiple go-around positions configuration used for go-around configuration, which is used to show requiring multiple gates, the procedure (proposed § 25.145(d)). Since these compliance with § 25.145(d), is the for selecting the desired go-around configurations can be different, the climb configuration referenced in the configuration may involve moving the commenter believes that the definitions procedures for a balked landing from selector to the first gate, through a gate and procedures should be clarified. The the landing configuration. The to another gate, or through multiple commenter did not fully explain why references to and relationships between gates to the gate corresponding to the such clarification is needed, nor were these configurations have not been desired configuration. Such a procedure any specific suggestions provided. changed by this rulemaking. is roughly equivalent to moving the Last, the commenter notes that there The issue brought up by the control to the gate and either forward or could be a landing flap position at a commenter’s last suggestion was backward one or more positions to lesser flap angle than the gated go- considered during the development of select the desired configuration. The around position. Under the proposed the proposed rule. However, a specific FAA does not consider the presence of rules, there would not be a requirement requirement to place a gate at the multiple gates to provide enough of an to have any gates between that position position preceding the one at which the enhancement to the flightcrew’s ability and the clean configuration. This could wing’s leading edge high lift devices in selecting the proper configuration to lead to an inadvertent retraction of the (e.g., slats) retract was considered to be outweigh the potential drawbacks high lift leading edge devices (e.g., slats) too prescriptive. The performance effect associated with the need to negotiate the during a go-around, which the of retracting the wing’s leading edge control through multiple gates during commenter believes may be a hazardous high lift devices can vary significantly, normal operations. event even if the ‘‘don’t sink’’ depending on the design of the high lift In light of the foregoing discussion, requirement is met. system on the particular airplane. Other the amendment is adopted as proposed. Although the FAA agrees in principle than the ‘‘no loss of altitude’’ provision Final Regulatory Evaluation, Initial with the commenter’s first suggestion, to of § 25.145(c), it is difficult to quantify standardize on a single term, this issue Regulatory Flexibility Determination, a minimum performance requirement and Trade Impact Assessment is outside the scope of the proposed that would appropriately address any rulemaking. The terms ‘‘flaps,’’ ‘‘wing safety concerns with an inadvertent Changes to Federal regulations must flaps,’’ and ‘‘high lift devices’’ are used leading edge device retraction. The FAA undergo several economic analyses. in other part 25 sections in addition to considers the ‘‘no loss of altitude’’ First, Executive Order 12866 directs that § 25.145, and any attempt to standardize criterion, coupled with industry design each Federal agency shall propose or these terms should include a thorough practice, to adequately address this adopt a regulation only upon a reasoned review of these other sections. The issue. determination that the benefits of the objective of this rulemaking is to clarify A commenter who was not involved intended regulation justify its costs. and harmonize the requirements in the ARAC process leading to the Second, the Regulatory Flexibility Act regarding gates on the high lift device proposed amendment suggests that a of 1980 requires agencies to analyze the control, taking into account current gate should be required at all approved economic impact of regulatory changes airplane designs. go-around positions of the high lift on small entities. Third, the Office of Regarding the commenter’s second devices, rather than at ‘‘a’’ go-around Management and Budget directs suggestion, the commenter is incorrect position. This commenter believes that agencies to assess the effects of in stating that the FAA and JAA from a human factors standpoint the regulatory changes on international proposals are different. The FAA and benefits of maintaining a consistent trade. And fourth, the Unfunded JAA proposals are exactly the same; procedure for selecting the go-around Mandates Reform Act of 1995 (Pub. L. they both contain the wording that the configuration outweigh any drawbacks 104–4) requires agencies to prepare a commenter prefers. In fact, it is the associated with having too many gates. written assessment of the costs, benefits, existing § 25.145(c) and JAR 25.145 that The FAA addressed this issue in the and other effects of proposed or final contain the wording the commenter is preamble of the proposed amendment rules that include a Federal mandate objecting to, which the FAA and JAA (which is repeated in the background likely to result in the expenditure by proposed to revise due to the issue discussion above). The FAA considers State, local, or tribal governments, in the raised by the commenter. that requiring a gate at every approved aggregate, or by the private sector, of Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations 6163

$100 million or more annually (adjusted rule will have a significant economic private sector, of $100 million or more for inflation). In conducting these impact on a substantial number of small (adjusted annually for inflation) in any analyses, the FAA has determined that entities. If the determination is that it one year. Section 204(a) of the Act, 2 this rule: (1) will generate benefits that will, the agency must prepare a U.S.C. 1534(a), requires the Federal justify its costs and is not a ‘‘significant regulatory flexibility analysis as agency to develop an effective process regulatory action’’ as defined in the described in the Act. to permit timely input by elected Executive Order; (2) is not ‘‘significant’’ However, if an agency determines that officers (or their designees) of State, as defined in DOT’s Regulatory Policies a proposed or final rule is not expected local, and tribal governments on a and Procedures; (3) will not have a to have a significant economic impact proposed ‘‘significant intergovernmental significant impact on a substantial on a substantial number of small mandate.’’ A ‘‘significant number of small entities; (4) will lessen entities, section 605(b) of the 1980 act intergovernmental mandate’’ under the restraints on international trade; and (5) provides that the head of the agency Act is any provision in a Federal agency does not contain a significant may so certify and a regulatory regulation that will impose an intergovernmental or private sector flexibility analysis is not required. The enforceable duty upon State, local, and mandate. These analyses, available in certification must include a statement tribal governments, in the aggregate, of the docket, are summarized below. providing the factual basis for this $100 million (adjusted annually for determination, and the reasoning should inflation) in any one year. Section 203 Regulatory Evaluation Summary be clear. For manufacturers, a small of the Act, 2 U.S.C. 1533, which U.S. manufacturers currently design entity is one with 1,500 or fewer supplements section 204(a), provides high-lift device controls in compliance employees. No transport category that before establishing any regulatory with the final rule. Industry airplane manufacturer has 1,500 or requirements that might significantly or representatives indicate that U.S. fewer employees, thus there are no uniquely affect small governments, the manufacturers will not have to redesign affected small entities. In addition, the agency shall have developed a plan that, high-lift device controls on either newly rule has negligible costs. Consequently, among other things, provides for notice certificated airplanes or derivatives of the FAA certifies that the rule will not to potentially affected small currently certificated models. The costs have a significant economic impact on governments, if any, and for a of the rule, therefore, will be negligible. a substantial number of small transport meaningful and timely opportunity to The FAA solicited information from category airplane manufacturers. provide input in the development of manufacturers of transport category International Trade Impact Assessment regulatory proposals. airplanes concerning any possible The rule does not contain any Federal design changes and associated costs that Consistent with the Administration’s intergovernmental or private sector would result from the proposed belief in the general superiority, mandate. Therefore, the requirements of amendment. No comments were desirability, and efficacy of free trade, it Title II of the Unfunded Mandates received concerning these matters. is the policy of the Administrator to Reform Act of 1995 do not apply. The primary benefit of the rule is the remove or diminish, to the extent clarification of gate design standards of feasible, barriers to international trade, Federalism Implications high-lift device controls. A second including both barriers affecting the The regulations adopted herein will benefit is the harmonization of FAR export of American goods and services not have substantial direct effects on the certification requirements for controls of to foreign countries, and those affecting States, on the relationship between the high-lift devices with JAR certification the import of foreign goods and services national government and the States, or requirements, and this benefit may into the United States. the distribution of power and result in cost savings to manufacturers In accordance with that policy, the responsibilities among the various of transport category airplanes in the FAA is committed to develop, as much levels of government. Therefore, in United States and in JAA countries. as possible, its aviation standards and accordance with Executive Order 12612, Although the FAA is unable to quantify practices in harmony with its trading it is determined that this rule will not these benefits, the FAA has determined partners. Significant cost savings can have sufficient federalism implications that these benefits exceed the negligible result from this, both to American to warrant the preparation of a costs of the final rule. companies doing business in foreign Federalism Assessment. markets, and foreign companies doing Regulatory Flexibility Determination business in the United States. International Compatibility The Regulatory Flexibility Act of 1980 This rule is a direct action to respond In keeping with U.S. obligations (RFA) establishes ‘‘as a principle of to this policy by increasing the under the Convention on International regulatory issuance that agencies shall harmonization of the U.S. Federal Civil Aviation, it is FAA policy to endeavor, consistent with the objective Aviation Regulations with the European comply with ICAO Standards and of the rule and of applicable statutes, to Joint Aviation Requirements. The result Recommended Practices to the fit regulatory and informational will be a positive step toward removing maximum extent practicable. The FAA requirements to the scale of the impediments to international trade. has determined that this rule does not business, organizations, and conflict with any international Unfunded Mandates Reform Act governmental jurisdictions subject to agreement of the United States. regulation.’’ To achieve that principle, Title II of the Unfunded Mandates the Act requires agencies to solicit and Reform Act of 1995 (the Act), enacted as Regulations Affecting Intrastate consider flexible regulatory proposals Pub. L. 104–4 on March 22, 1995, Aviation in Alaska and to explain the rationale for their requires each Federal agency, to the Section 1205 of the FAA actions. The Act covers a wide-range of extent permitted by law, to prepare a Reauthorization Act of 1996 (110 Stat. small entities, including small written assessment of the effects of any 3213) requires the Administrator, when businesses, not-for-profit organizations, Federal mandate in a proposed or final modifying regulations in Title 14 of the and small governmental jurisdictions. agency rule that may result in the CFR in a manner affecting intrastate Agencies must perform a review to expenditure by State, local, and tribal aviation in Alaska, to consider the determine whether a proposal or final governments, in the aggregate, or by the extent to which Alaska is not served by 6164 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Rules and Regulations transportation modes other than PART 25ÐAIRWORTHINESS positions, and from the last gated aviation, and to establish such STANDARDSÐTRANSPORT position to the fully retracted position. regulatory distinctions as he or she CATEGORY AIRPLANES The requirements of paragraph (c) of considers appropriate. Because this final this section also apply to retractions rule applies to the certification of future 1. The authority citation for part 25 continues to read as follows: from each approved landing position to designs of transport category airplanes the control position(s) associated with and their subsequent operation, it could Authority: 49 U.S.C. 106(g), 40113, 44701– the high-lift device configuration(s) 44702, 44704. affect intrastate aviation in Alaska. The used to establish the go-around Administrator has considered the extent 2. Section 25.145 is amended by revising paragraph (c) introductory text, procedure(s) from that landing position. to which Alaska is not served by In addition, the first gated control transportation modes other than revising the text following paragraph (c)(3), and designating the text as position from the maximum landing aviation, and how the final rule could position must correspond with a have been applied differently to paragraph (d) to read as follows: configuration of the high-lift devices intrastate operations in Alaska. § 25.145 Longitudinal control. used to establish a go-around procedure However, the Administrator has * * * * * from a landing configuration. Each gated determined that airplanes operated (c) It must be possible, without solely in Alaska would present the same control position must require a separate exceptional piloting skill, to prevent and distinct motion of the control to safety concerns as all other affected loss of altitude when complete airplanes; therefore, it would be pass through the gated position and retraction of the high-lift devices from must have features to prevent inappropriate to establish a regulatory any position is begun during steady, inadvertent movement of the control distinction for the intrastate operation of straight, level flight at 1.1 VS1 for through the gated position. It must only affected airplanes in Alaska. propeller powered airplanes, or 1.2VS1 be possible to make this separate and List of Subjects in 14 CFR Part 25 for turbojet powered airplanes, with— (1) * * * distinct motion once the control has Aircraft, Aviation safety, Reporting (2) * * * reached the gated position. and recordkeeping requirements. (3) * * * Issued in Washington, DC, on February 3, (d) if gated high-lift device control The Amendment 1999. positions are provided, paragraph (c) of Jane F. Garvey, In consideration of the foregoing, the this section applies to retractions of the Federal Administration (FAA) amends high-lift devices from any position from Administrator. part 25 of Title 14, Code of Federal the maximum landing position to the [FR Doc. 99–2971 Filed 2–5–99; 8:45 am] Regulations (14 CFR part 25) as follows: first gated position, between gated BILLING CODE 4910±13±M federal register February 8,1999 Monday Grants; Notice Over-the-Road BusAccessibilityProgram Federal TransitAdministration Transportation Department of Part V 6165 6166 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DEPARTMENT OF TRANSPORTATION close of business April 16, 1999. The with the Department’s Over-the-road appropriate FTA regional office is that Bus Accessibility rule, ‘‘Transportation Federal Transit Administration office which serves the state in which for Individuals with Disabilities’’ (49 an applicant’s headquarters office is CFR Part 37) published in a Federal Over-the-Road Bus Accessibility located. FTA will announce grant Register notice on September 24, 1998. Program Grants selections in June 1999, and we expect Summary of DOT’s Over-the-Road Bus AGENCY: Federal Transit Administration that grants will be made by September Accessibility Rule (FTA), DOT. 30, 1999, the end of the Federal fiscal year. Applicants should not incur costs Under the over-the-road bus ACTION: Notice of availability of funds; accessibility rule, all new buses solicitation of grant applications. prior to grant approval by FTA. FTA will accept comments on this notice obtained by large (Class I carriers, i.e., those with gross annual operating SUMMARY: The U.S. Department of until March 10, 1999. Based on input, Transportation (DOT) Federal Transit FTA may provide amending or revenues of $5.3 million or more), fixed- Administration (FTA) announces the clarifying program information. route carriers, starting in 2000, must be accessible, with wheelchair lifts and tie- availability of funds for the Over-the- ADDRESSES: Comments and questions downs that allow passengers to ride in road Bus (OTRB) Accessibility Program, related to this notice can be made at their own wheelchairs. The rule authorized by Section 3038 of the FTA’s website, http://www.fta.dot.gov/ requires the fixed-route carriers’ fleets to Transportation Equity Act for the 21st library/legal/otrbap.htm, or can be be completely accessible by 2012. The Century (TEA–21). The OTRB mailed or faxed to the following buses acquired by small (gross operating Accessibility Program makes funds address: Sue Masselink, Federal Transit revenues of less than $5.3 million available to private operators of over- Administration, Room 9315, 400 7th annually) fixed-route providers also are the-road buses to finance the Street, S.W., Washington, D.C. 20590 required to be lift-equipped, although incremental capital and training costs of (FAX (202) 366–7951). they do not have a deadline for total complying with DOT’s over-the-road FOR FURTHER INFORMATION: Contact the fleet accessibility. Small providers also bus accessibility final rule, published in appropriate FTA Regional can provide equivalent service in lieu of a Federal Register Notice on September Administrator (Appendix A) for obtaining accessible buses. Starting in 24, 1998. The OTRB Accessibility application-specific information and 2001, charter and tour companies will Program calls for national solicitation of issues. For general program information, have to provide service in an accessible applications, with grantees to be contact Sue Masselink, Office of bus on 48 hours’ advance notice. Fixed- selected on a competitive basis. Federal Program Management, (202) 366–2053, route companies must also provide this funds are available for up to 50 percent e-mail: [email protected]. A kind of service on an interim basis until of the project cost. TDD is available at 1–800–877–8339 their fleets are completely accessible. A total of $24.3 million is available (TDD/FIRS). Small carriers who provide mostly for the program over the life of TEA–21. SUPPLEMENTARY INFORMATION charter or tour service and also provide The guaranteed level of funding a small amount of fixed-route service available for intercity fixed-route service Table of Contents can meet all requirements through 48- is $2 million in fiscal year (FY) 1999 I. General Program Information hour advance-reservation service. and FY 2000, $3 million in FY 2001, II. Guidelines for Preparing Grant Applications Small carriers have an extra year to and $5.3 million in FY 2002 and FY begin complying with the requirements 2003, for a total of $17.5 million. The III. Submission of Applications Appendix A. FTA Regional Offices that apply to them starting in October guaranteed level of funding for other Appendix B. Sample Project Budget 2001, compared to October 2000 for over-the-road bus services, including Appendix C. Certifications and Assurances large carriers. charter and tour bus, is $1.7 million per Appendix D. Application Checklist Specifications describing the design year from FY 2000 to FY 2003, for a Appendix E. OMB Standard Form 424, features that an over-the-road bus must total of $6.8 million. ‘‘Federal Assistance’’ have to be readily accessible to and For FY 1999, $2 million was I. General Program Information usable by persons who use wheelchairs appropriated for intercity fixed-route or other mobility aids required by the service providers. A. Authority ‘‘Americans with Disabilities Act This announcement describes The program is authorized under Accessibility Guidelines for application procedures for the OTRB Section 3038 of the Transportation Transportation Vehicles: Over-the-Road Accessibility Program and the Equity Act for the 21st Century (TEA– Buses’’ rule (36 CFR Part 1192) were procedures FTA will use to determine 21). Funds have been appropriated for published in another Federal Register which projects it will fund. It includes this program under the Omnibus Notice on September 28, 1998. all of the information needed to apply Consolidated and Emergency C. Scope for an OTRB Accessibility Program Supplemental Appropriations Act, grant. Fiscal Year 1999, which includes Improving mobility and shaping This announcement is available on Appropriations for Department of America’s future by ensuring that the the Internet on the FTA website at http:/ Transportation and Related Agencies. transportation system is accessible, /www.fta.dot.gov/library/legal/ integrated, efficient and offers flexibility otrbap.htm. This website will also have B. Background of choices is a key strategic goal of the commonly asked questions and Over-the-road buses are used Department of Transportation. Over-the- answers. FTA will announce final predominantly in intercity service as road Bus Accessibility projects will project selections on the website and in well as charter and tour bus services. improve mobility for individuals with the Federal Register. These services are an important element disabilities by providing financial DATES: Complete applications for OTRB of the U.S. transportation system. TEA– assistance to help make vehicles Accessibility Program grants must be 21 authorizes FTA’s new Over-the-road accessible and provide training to submitted to the appropriate FTA Bus Accessibility Program to assist over- ensure that drivers and others regional office (see Appendix A) by the the-road bus operators in complying understand how to use accessibility Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6167 features as well as how to treat patrons and appropriate interaction with each year’s apportionment can be used with disabilities. passengers with disabilities, and for either capital or training projects. handling and storage of mobility For FY 1999, $2 million has been D. Eligible Applicants devices. The costs associated with appropriated for the intercity fixed- Grants will be made directly to developing training materials or route service providers. operators of over-the-road buses. Only providing training for local providers of I. Grant Requirements intercity, fixed-route over-the-road bus over-the-road bus services for these service providers may apply for OTRB purposes are eligible expenses. The grant application must include Accessibility program funds in fiscal FTA has sponsored the development documentation necessary to meet the year 1999. Thereafter, other over-the- of accessibility training materials for requirements of FTA’s Nonurbanized road bus service providers, including public transit operators. FTA-funded Area Formula program (Section 5311 operators of local fixed-route service, Project Action is a national technical under Title 49, United States Code). commuter service, and charter or tour assistance program to promote Technical assistance regarding these service may apply for funds cooperation between the disability requirements is available in each FTA appropriated for these providers. Private community and transportation industry. regional office. For incremental capital for-profit operators of over-the-road Project Action provides training, costs, applicants must comply with all buses are eligible to be direct applicants resources and technical assistance to of the Federal requirements described in for this program. This is a departure thousands of disability organizations, this section, either when purchasing from the other FTA programs in which consumers with disabilities, and wheelchair lifts and securement devices the direct applicant must be a state or transportation operators. It maintains a to retrofit existing vehicles, or when local public body. resource center with the most up-to-date purchasing new wheelchair accessible vehicles. When purchasing new E. Vehicle and Service Definitions information on transportation accessibility. Project Action may be wheelchair accessible buses, these An ‘‘over-the-road bus’’ is a bus contacted at: Project Action, 700 Federal requirements apply to the characterized by an elevated passenger Thirteenth Street, N.W., Suite 200, purchase of the vehicle itself, not just deck located over a baggage Washington, DC 20590, Phone: 1–800– the wheelchair lift or securement compartment. 659–6428, Internet address: http:// devices. As lifts are normally purchased Intercity, fixed-route over-the-road www.projectaction.org/. as part of a bus procurement, Federal bus service is regularly scheduled bus requirements that apply to the lift also service for the general public, using an G. Grant Criteria apply to the purchase of the bus. In over-the-road bus that: operates with FTA will award grants based on: particular, Buy America, labor limited stops over fixed routes a. The identified need for over-the- protections, pre-award and post- connecting two or more urban areas not road bus accessibility for persons with delivery reviews and bus testing will in close proximity or connecting one or disabilities in the areas served by the apply to the total vehicle purchase, not more rural communities with an urban applicant; just the lift. area not in close proximity; has the b. The extent to which the applicant Training costs are not subject to all capacity for transporting baggage carried demonstrates innovative strategies and requirements. For example, labor by passengers; and makes meaningful financial commitment to providing protections, Buy America, pre-award connections with scheduled intercity access to over-the-road buses to persons and post-delivery reviews, bus testing, bus service to more distant points. with disabilities; and school transportation are not Other over-the-road bus service means c. The extent to which the over-the- applicable to training assistance. any other transportation using over-the- road bus operator requires equipment 1. Buy America. Federal funds may road buses, including local fixed-route required by DOT’s over-the-road bus not be obligated for projects unless steel, service, commuter service, and charter accessibility rule prior to the required iron, and manufactured products used or tour service (including tour or timeframe in the rule; in such projects are produced in the excursion service that includes features d. The extent to which financing the United States. Recipients of the OTRB in addition to bus transportation such as costs of complying with DOT’s rule Accessibility program funds must means, lodging, admission to points of presents a financial hardship for the conform with the FTA regulations, 49 interest or special attractions). applicant; and CFR Part 661, and any amendments e. The impact of accessibility thereto. There are four exceptions to the F. Eligible Projects requirements on the continuation of basic requirement that may be the basis Projects to finance the incremental over-the-road bus service, with for a waiver. First, the requirement will capital and training costs of complying particular consideration of the impact of not apply if its application is not in the with DOT’s over-the-road bus the requirements on service to rural public interest. Second, the requirement accessibility rule (49 CFR Part 37) are areas and for low-income individuals. will not apply if materials and products eligible for funding. Capital projects being procured are not produced in the eligible for funding include adding lifts H. Funding Availability United States in sufficient and and other accessibility components to TEA–21 authorizes the OTRB reasonably available quantities and of a new vehicle purchases, and purchasing Accessibility program for intercity satisfactory quality. Third, the lifts to retrofit existing vehicles. fixed-route service at a guaranteed level requirement will not apply in a case Eligible training costs are those of $2 million in FY 1999 and FY 2000, involving the procurement of buses and required by the final accessibility rule as $3 million in FY 2001, and $5.3 million other rolling stock if the cost of described in 49 CFR 37.209. These in FY 2002 and FY 2003. The components and subcomponents which activities were required under the guaranteed level of funding for other are produced in the United States is interim OTRB accessibility rule and over-the-road bus services is $1.7 more than 60 percent of the cost of all include training in proper operation and million per year from FY 2000 through components and subcomponents of the maintenance of accessibility features FY 2003. FTA funds are available for up vehicles or equipment, and if final and equipment, boarding assistance, to 50 percent of the cost of a project. assembly takes place in the United securement of mobility aids, sensitive There is no restriction on how much of States. The meaning of final assembly is 6168 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices further described in the FTA Guidance employee protective arrangements recipient operates a drug-free on Buy America Requirements, dated certified by DOL. workplace. An employee of an FTA March 18, 1997, which applies to all Questions concerning employee grantee is required to report in any buses purchased with FTA funds. protective arrangements and related conviction for a violation of criminal Fourth, the requirement will not apply matters pertaining to transit employees drug statute occurring in the workplace, if the inclusion of domestic material should be addressed to the Division of and the grantee/employer is required to will increase the overall project contract Statutory Programs, Department of provide written notice to FTA within 10 by more than 25 percent. Buy America Labor, 200 Constitution Avenue, NW, days of having received the notice. waivers under the non-availability, Room N–5411, Washington, DC 20210; Within 30 days of receiving the notice price differential, and public interest telephone (202) 693–0126, fax (202) of a conviction, the grantee/employer exceptions require FTA approval, but 219–5338. must have taken appropriate action the waiver for rolling stock meeting the 3. Competitive Procurement. Federal against the employee or have required domestic content and final assembly procurement requirements apply to FTA participation in a drug abuse assistance requirements does not. FTA has issued funds awarded to state and local or rehabilitation program. a general waiver for selected items, governments and private nonprofit 6. Nondiscrimination requirements. including all purchases under the agencies under 49 CFR Parts 18 and 19. 49 U.S.C. section 5332 states that ‘‘a Federal small purchase threshold, To the extent a direct recipient of FTA person (defined broadly) may not be which is $100,000. funds under this program is a private excluded from participating in, denied a for-profit entity, the Federal benefit of, or discriminated against, 2. Labor Protection. Before FTA may procurement requirements do not apply. under a project, program, or actively award a grant for capital assistance, 49 4. Debarment, Suspension and Other receiving financial assistance (from U.S.C. 5333(b) requires that fair and Responsibility matters. Pursuant to FTA) because of race, color, creed, equitable arrangements must be made to Executive Order 12549; 41 U.S.C. 701; national origin, sex, or age.’’ protect the interests of transit employees and 49 CFR Part 29, grantees must 7. Title VI. Grantees must assure FTA affected by FTA assistance. Those ensure that FTA funds are not given to that transit services and benefits arrangements must be certified by the anyone who has been debarred, obtained with FTA assistance will be Secretary of Labor as meeting the suspended, or declared ineligible or provided in a nondiscriminatory requirements of the statute. When a voluntarily excluded from participation manner, without regard to race, color, or labor organization represents a group of in federally assisted transactions. The national origin. affected employees in the service area of burden of disclosure is on those 8. Disadvantaged Business Enterprise. an FTA project, the employee protective debarred or suspended. The U.S. Grantees must assure FTA that arrangement is usually the product of General Services Administration (GSA) disadvantaged business enterprises negotiations or discussions with the issues a document titled ‘‘Lists of (DBEs) are provided the maximum union. The grant applicant can facilitate Parties Excluded from Federal opportunity to compete for FTA- Department of Labor (DOL) certification Procurement or Nonprocurement assistance contracts and procurements. by identifying in the application any Programs’’ monthly. The list is available 9. Equal Employment Opportunity previously certified protective on the GSA website (http//www.gsa.gov/ (EEO). The grantee must assure that it arrangements that have been applied to index). If at any time the grantee or will notdiscriminate against any similar projects undertaken by the grant other covered entity learns that a employee or applicant for employment applicant. Upon receipt of a grant certification it made or received was because of race, color, creed, sex, application requiring employee erroneous when submitted or if disability, age or national origin. The protective arrangements, FTA will circumstances have changed, disclosure grantee agrees to take affirmative action transmit the application to DOL and to FTA is required. to ensure that applicants are employed request certification of the employee 5. Drug-Free Workplace. Grantees and that employees are treated during protective arrangements. In accordance must maintain a drug-free workplace for employment, without regard to their with DOL guidelines, DOL notifies the all employees and have an anti-drug race, color, creed, sex, disability, age, or relevant unions in the area of the project policy and awareness program. The national origin. that a grant for assistance is pending grant applicant must certify to FTA that 10. Americans with Disabilities Act and affords the grant applicant and it will provide a drug-free workplace and Section 504. Compliance with the union the opportunity to agree to an and comply with all requirements of the Americans with Disabilities Act of 1990 arrangement establishing the terms and Drug-Free Workplace Act of 1988 (ADA) (Public Law 101–336) and conditions of the employee protections. (Public Law 100–690) and U.S. DOT’s Section 504 of the Rehabilitation Act of If necessary, DOL furnishes technical implementing regulations, 49 CFR Part 1973, as amended, are eligibility and mediation assistance to the parties 29, Subpart F. The grantee is required to requirements for Federal financial during their negotiations. The Secretary provide a written Drug-Free Workplace assistance. Section 504 prohibits of Labor may determine the protections policy statement notifying employees discrimination on the basis of handicap to be certified if the parties do not reach that the unlawful manufacture, by recipients of Federal financial an agreement after good faith bargaining distribution, dispensing, possession, or assistance. The ADA prohibits and mediation efforts have been use of a controlled substance is discrimination against persons with exhausted. DOL will also set the prohibited in the workplace and stating disabilities in the provision of protective conditions when affected specific actions that will be taken for transportation services. employees in the service area are not violations. The ongoing drug-free 11. Restrictions on Lobbying. Federal represented by a union. When DOL awareness program must inform financial assistance may not be used to determines that employee protective employees about the dangers of drug influence any member of Congress or an arrangements comply with labor abuse; about any available drug officer or employee of any agency in protection requirements, DOL will counseling, rehabilitation, and connection with the making of any provide a certification to FTA. The grant employee assistance programs; about Federal contract, grant, or cooperative agreement between FTA and the grant penalties that may be imposed; and that agreement. The state, subrecipients, and applicant incorporates by reference the employees are to be aware that the third party contractors at any tier Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6169 awarded FTA assistance exceeding 15. Environmental Protection. Neither c. Include OMB Standard Form 424, $100,000 must sign a certification so capital costs associated with making ‘‘Federal Assistance,’’ which is a multi- stating and also must disclose the vehicles wheelchair accessible nor purpose form that must be completed in expenditure of non-Federal funds for training costs involve significant its entirety. The forms are available from such purposes (49 CFR Part 20). Other environmental impacts. Projects that do the FTA regional offices. Federal laws also govern lobbying not involve significant environmental 3. Project Information activities. For example, Federal funds impacts are considered ‘‘categorical may not be used for lobbying exclusions’’ in FTA’s procedures Provide a summary of project congressional representatives or because they have been categorically activities for which you are requesting senators indirectly, such as by excluded from FTA’s requirements to funds. The summary should include: contributing to a lobbying organization prepare environmental documentation. a. Each project’s time line, including or funding a grass-roots campaign to (49 USC part 622, incorporating 23 CFR significant milestones such as date of influence legislation (31 U.S.C. Section part 771). contract for purchase of vehicle(s), and 1352). General advocacy for over-the- 16. Planning. Applicants are expected delivery of vehicle(s). road bus transportation and providing encouraged to notify the appropriate b. Project budget (see Appendix B). information to legislators about the state departments of transportation and 4. Project Narrative services a recipient provides are not metropolitan planning organizations prohibited, nor is using non-Federal (MPO) in areas likely to be served by Provide the information identified funds for lobbying, so long as the equipment made accessible through below to support your application. required disclosures are made. funds made available in this program. Grants will be awarded competitively 12. Pre-award and Post-delivery Those organizations, in turn, should based upon the following criteria: a. The identified need for over-the- reviews. Pursuant to 49 USC 5323(l), take appropriate steps to inform the road bus accessibility for persons with procurements for vehicles, other than public and individuals requiring fully disabilities in the areas served by the sedans or unmodified vans, must be accessible services in particular, of applicant; audited in accordance with FTA operators’ intentions to expand the b. The extent to which the applicant regulation, ‘‘Pre-Award and Post- accessibility of their services. demonstrates innovative strategies and Delivery Audits of Rolling Stock Incorporation of funded projects in the financial commitment to providing Purchases,’’ 49 CFR Part 663. Additional plans and transportation improvement access to over-the-road buses to persons guidance is available in a manual, programs of states and metropolitan with disabilities; areas by States and MPOs also is ‘‘Conducting Pre-Award and Post- c. The extent to which the over-the- encouraged, but is not required. Delivery Reviews for Bus Procurement,’’ road bus operators acquires equipment published May 1, 1995. The regulation II. Guidelines for Preparing Grant required by DOT’s over-the-road bus requires that any recipient who Application accessibility rule prior to the required purchases rolling stock for use in timeframe in the rule; FTA is conducting a national revenue service with funds obligated d. The extent to which financing the solicitation for applications under the after October 24, 1991, conduct a pre- costs of complying with DOT’s rule OTRB Accessibility program. Grant award and post-delivery review to presents a financial hardship for the awards will be made on a competitive assurance compliance with its bid applicant; and basis. Although most FTA grant specifications, Buy America e. The impact of accessibility applications are now submitted requirements, and Federal Motor requirements on the continuation of electronically, paper applications for the Vehicle Safety requirements, and to over-the-road bus service, with OTRB Accessibility program will be complete certifications. Purchase of particular consideration of the impact of accepted. An original and two copies of more than ten vehicles, other than the requirements on service to rural the application must be submitted to the unmodified vans or sedans, requires in- areas and for low-income individuals. plant inspection. appropriate FTA Regional Office. The 13. Bus Testing. Pursuant to 49 USC OTRB operators should submit the III. Grant Review Process 5323(c), all new bus models purchased application to the office in the region in Applications are to be submitted to with FTA funds must be tested in which its headquarters office is located. the appropriate FTA Regional Office by accordance with 49 USC 5318 and 49 The application should provide the close of business on April 16, 1999. CFR part 665, before FTA funds can be information on all items for which you FTA will screen all applications to expended to acquire them. Purchasers of are requesting funding in FY 1999. The determine whether all required new model buses should ensure that the application must include the following eligibility elements, as described in manufacturer has complied with the elements: Section 2 of the application, are present. testing requirements by requesting a 1. Transmittal Letter An FTA task force will evaluate each copy of the bus testing report from the application according to the criteria Altoona Bus Testing Center, 6th Avenue This addresses basic identifying described in this announcement. and 45th Street, Altoona, Pennsylvania information including: 16602. The telephone number is (814) a. Grant applicant A. Notification 949–7944. b. Contact name and phone number FTA will notify all applicants for 14. School Transportation. 49 USC c. Amount of grant request funding in June 1999. Grants are 5323(f) prohibits the use of FTA funds expected to be made by September 30, 2. Project Eligibility for exclusive school bus transportation 1999, the end of Federal fiscal year for school students and school Every application must: 1999. FTA is committed to obligating personnel. The implementing regulation a. Described the applicant’s FY 1999 OTRB Accessibility program (49 CFR part 603) does permit regular technical, legal, and financial capacity funds expeditiously. Therefore, FTA service to be modified to accommodate to implement the proposed projects. urges applicants to develop and submit school students along with the general b. Document matching funds, with their applications complete public. including amount and source. documentation necessary to meet the 6170 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices applicable FTA Section 5311 Region III—Pennsylvania, Maryland, Region VII—Iowa, Nebraska, Kansas, requirements. Virginia, West Virginia, Delaware, Missouri Washington, DC Mokhtee Ahmad, FTA Regional Issued on February 2, 1999. Sheldon Kinbar, FTA Regional Administrator, 6301 Rockhill Road, Suite Gordon J. Linton, Administrator, 1760 Market Street, Suite 303, Kansas City, MO 64131–1117, (816) Administrator. 500, Philadelphia, PA 19103–4124, (215) 523–0204 Appendix A—FTA Regional Offices 656–7100 Region VIII—Colorado, North Dakota, South Dakota, Montana, Wyoming, Utah Region I—Massachusetts, Rhode Island, Region IV—Georgia, North Carolina, South Louis Mraz, FTA Regional Administrator, Connecticut, New Hampshire, Vermont and Carolina, Florida, Mississippi, Tennessee, Kentucky, Alabama, Puerto Rico Columbine Place, 216 16th Street, Suite Maine 650, Denver, CO 80202–5120, (303) 844– Richard H. Doyle, FTA Regional Susan Schruth, FTA Regional Administrator, 3242 Administrator, Volpe National 61 Forsyth Street, S.W., Suite 17T50, Atlanta, GA 30303, (404) 562–3500 Region IX—California, Arizona, Nevada, Transportation Systems Center, Kendall Hawaii, American Samoa, Guam Square, 55 Broadway, Suite 920, Region V—Illinois, Indiana, Ohio, Wisconsin, Leslie Rogers, FTA Regional Administrator, Cambridge, MA 02142–1093, (617) 494– Minnesota, Michigan 201 Mission Street, Suite 2210, San 2055 Joel Ettinger, FTA Regional Administrator, Francisco, CA 94105–1831, (415) 744–3133 Region II—New York, New Jersey, Virgin 200 West Adams Street, Suite 2410, Region X—Washington, Oregon, Idaho, Islands Chicago, IL 60606–5232, (312) 353–2789 Alaska Letitia Thompson, FTA Regional Region VI—Texas, New Mexico, Louisiana, Helen Knoll, FTA Regional Administrator, Administrator, 26 Federal Plaza, Suite Arkansas, Oklahoma Jackson Federal Building, 915 Second 2940, New York, NY 10278–0194, (212) Avenue, Suite 3142, Seattle, WA 98174– Lee Waddleton, FTA Regional Administrator, 264–8162 1002, (206) 220–7954 819 Taylor Street, Room 8A36, Ft. Worth, GRANTEE: Hillsdale Bus Company TX 76102, (817) 978–0550 PROJECT: OR–38–0001

Eligible project Scope Activity Federal share cost

111±01 ...... BUS ROLLING STOCK. 11.42.43 INCREMENTAL COST OF LIFT QUANTITY: 1 ...... $15,000 $30,000 11.44.43 RETROFIT VEHICLE WITH LIFT QUANTITY 1 ...... 22,000 44,000 117±00 ...... BUSÐOTHER. 11.7E.01 TRAINING ...... 10,000 20,000 ELIGIBLE PROJECT COST ...... 94,000 ...... FEDERAL SHARE ...... 47,000 ...... APPLICANT SHARE ...... 47,000

Appendix C—Certifications and Assurances Procedures amended by the TEA–21 Restoration Act for Over-the-Road Bus Accessibility Program Following is a detailed compilation of 105–206, 112 Stat. 685, July 22, 1998, 49 Grants Certifications and Assurances and the U.S.C. chapter 53, Title 23 U.S.C., U.S. DOT and FTA regulations under 49 CFR, and FTA Before FTA may aware a Federal grant Signature Page. The Signature Page is to be Circulars. agreement, the applicant must provide to signed by the applicant’s authorized FTA all certifications and assurances representative and its attorney. It is to be Over-the-road Bus Accessibility Program required by Federal laws and regulations for submitted to the appropriate regional office Certifications and Assurances the applicant or its project. This Appendix along with the applicant’s grant application. In accordance with 49 U.S.C.5323(n), the provides the text of certifications and All applicants are advised to read the following certifications and assurances have entire list of Certifications and Assurances to assurances required by Federal law, been compiled for the Over-the-road Bus be confident of their responsibilities and regulations, or directives for the Over-the- Accessibility program. FTA requests each commitments. The applicant may signify Applicant provide as many of the following road Bus Accessibility Program. compliance with all Categories by placing a certifications and assurances as needed to Included at the end of this document is a single ‘‘X’’ in the appropriate space at the top cover the types of projects for which the single signature page on which the applicant of the Signature Selection Page. Applicant is seeking FTA assistance. The and its attorney certify compliance with all The Signature Page, once properly signed categories of certifications and assurances are certifications and assurances applicable to and submitted to FTA, assures FTA that the listed by Roman numerals I through V on one each project for which the applicant is applicant intends to comply with the side of the Signature Page of this document. applying. requirements for the Over-the-road Bus Categories II through V will apply to some, An applicant’s Annual Certifications and Accessibility Program. All applicants must but not necessarily all, applicants. The Assurances applicable to a specific grant read the selection portion and the signature designation of the categories corresponds to portion of this document and signify generally remain in effect for the life of the the circumstances mandating submission of compliance by marking, where appropriate, specific certifications, assurances, or grant to closeout, or the life of the project or with an ‘‘X’’ on the category selection side, agreements. project property when a useful life or and then signifying compliance as indicated. standard industry life is in effect. If in a later The applicant should not hesitate to consult I. Certifications and Assurances Required of year, however, the Applicant provides with the appropriate FTA Regional Office Each Applicant certifications and assurances that differ from before submitting its certifications and Each Applicant for Over-the-road Bus the certifications and assurances previously assurances. Accessibility funding assistance awarded by FTA must provide all certifications and made, the later certifications and assurances References will apply to the grant, project, or project assurances in this Category I. Accordingly, property, except as FTA otherwise permits. The Transportation Equity Act for the 21st FTA may not award any Federal assistance Century, Pub. L. 105–178, June 9, 1998, as until the Applicant provides assurance of Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6171 compliance by selecting Category I on the public transactions (Federal, state, or local) requirements of the Rehabilitation Act of Signature Page at the end of this document. terminated for cause or default. 1973, as amended, or A. Authority of Applicant and Its (2) The Applicant also certifies that, if it (b) Requiring that employee to participate Representative later becomes aware of any information satisfactorily in a drug abuse assistance or contradicting the statements of paragraph (1) rehabilitation program approved for such The authorized representative of the above, it will promptly provide that purposes by a Federal, state, or local health, Applicant and legal counsel who sign these information to FTA. law enforcement, or other appropriate certifications, assurances, and agreements (3) If the Applicant (Primary Participant) is agency. attest that both the Applicant and its unable to certify to the statements in (7) Making a good faith effort to continue authorized representative have adequate paragraphs (1) and (2) above, it shall indicate to maintain a drug-free workplace through authority under state and local law and the so on its Signature Page and provide a implementation of paragraphs (1), (2), (3), (4), by-laws or internal rules of the Applicant written explanation to FTA. (5), and (6) above. organization to: D. Drug-Free Workplace Agreement The Applicant agrees to maintain a list (1) Execute and file the application for identifying its headquarters location and Federal assistance on behalf of the Applicant, As required by U.S. DOT regulations, each workplace it maintains in which project (2) Execute and file the required ‘‘Drug-Free Workplace Requirements activities supported by FTA are conducted, certifications, assurances, and agreements on (Grants),’’ 49 CFR Part 29, Subpart F, as and make that list readily accessible to FTA. behalf of the Applicant binding the modified by 41 U.S.C. 702, the Applicant Applicant, and agrees that it will provide a drug-free E. Intergovernmental Review Assurance (3) Execute grants with FTA on behalf of workplace by: The Applicant assures that each the Applicant. (1) Publishing a statement notifying its application for Federal assistance submitted B. Standard Assurances employees that the unlawful manufacture, to FTA has been or will be submitted, as distribution, dispensing, possession, or use of required by each State, for intergovernmental The Applicant assures that it will comply a controlled substance is prohibited in its review to the appropriate State and local with all applicable Federal statutes, workplace and specifying the actions that agencies. Specifically, the Applicant assures regulations, executive orders, FTA circulars, will be taken against its employees for that it has fulfilled or will fulfill the and other Federal administrative violation of that prohibition; obligations imposed on FTA by U.S. DOT requirements in carrying out any project (2) Establishing an ongoing drug-free regulations, ‘‘Intergovernmental Review of supported by an FTA grant. The Applicant awareness program to inform its employees Department of Transportation Programs and acknowledges that it is under a continuing about: Activities,’’ 49 CFR part 17. obligation to comply with the terms and (a) The dangers of drug abuse in the F. Nondiscrimination Assurance conditions of the grant issued for its project workplace, with FTA. The Applicant understands that (b) Its policy of maintaining a drug-free As required by 49 U.S.C. 5332 (which Federal laws, regulations, policies, and workplace, prohibits discrimination on the basis of race, administrative practices might be modified (c) Any available drug counseling, color, creed, national origin, sex, or age, and from time to time and affect the rehabilitation, and employee assistance prohibits discrimination in employment or implementation of the project. The Applicant programs, and business opportunity), Title VI of the Civil agrees that the most recent Federal (d) The penalties that may be imposed Rights Act of 1964, as amended, 42 U.S.C. requirements will apply to the project, unless upon its employees for drug abuse violations 2000d, and U.S. DOT regulations, FTA issues a written determination occurring in the workplace; ‘‘Nondiscrimination in Federally-Assisted otherwise. (3) Making it a requirement that each of its Programs of the Department of Transportation—Effectuation of Title VI of C. Debarment, Suspension, and Other employees to be engaged in the performance of the grant or cooperative agreement be the Civil Rights Act,’’ 40 CFR part 21 at 21.7, Responsibility Matters—Primary Covered the Applicant assures that it will comply Transactions given a copy of the statement required by paragraph (1); with all requirements of 49 CFR part 21; FTA As required by U.S. DOT regulations on (4) Notifying each of its employees in the Circular 4702.1, ‘‘Title VI Program Governmentwide Debarment and Suspension statement required by paragraph (1) that, as Guidelines for Federal Transit (Nonprocurement) at 49 CFR 29.510: a condition of employment financed with Administration Recipients’’, and other (1) The Applicant (Primary Participant) Federal assistance provided by the grant or applicable directives, so that no person in the certifies, to the best of its knowledge and cooperative agreement, the employee will be United States, on the basis of race, color, belief, that it and its principals: required to: national origin, creed, sex, or age will be (a) Are not presently debarred, suspended, (a) Abide by the terms of the statement, excluded from participation in, be denied the proposed for debarment, declared ineligible, and benefits of, or otherwise be subjected to or voluntarily excluded from covered (b) Notify the employer (Applicant) in discrimination in any program or activity transactions by any Federal department or writing of any conviction for a violation of (particularly in the level and quality of agency; a criminal drug statute occurring in the transportation services and transportation- (b) Have not, within a three-year period workplace no later than 5 calendar days after related benefits) for which the Applicant preceding this certification, been convicted that conviction; receives Federal assistance awarded by the of or had a civil judgment rendered against (5) Notifying FTA in writing, within 10 U.S. DOT or FTA as follows: them for commission of fraud or a criminal calendar days after receiving notice required (1) The Applicant assures that each project offense in connection with obtaining, by paragraph (4)(b) above from an employee will be conducted, property acquisitions will attempting to obtain, or performing a public or otherwise receiving actual notice of that be undertaken, and project facilities will be (Federal, state, or local) transaction or conviction. The Applicant, as employer of operated in accordance with all applicable contract under a public transaction, violation any convicted employee, must provide requirements of 49 U.S.C. 5332 and 49 CFR of Federal or state antitrust statutes, or notice, including position title, to every part 21, and understands that this assurance commission of embezzlement, theft, forgery, project officer or other designee on whose extends to its entire facility and to facilities bribery, falsification or destruction of project activity the convicted employee was operated in connection with the project. records, making false statements, or receiving working. Notice shall include the (2) The Applicant assures that it will take stolen property; identification number(s) of each affected appropriate action to ensure that any (c) Are not presently indicted for or grant or cooperative agreement. transferee receiving property financed with otherwise criminally or civilly charged by a (6) Taking one of the following actions Federal assistance derived from FTA will governmental entity (Federal, state, or local) within 30 calendar days of receiving notice comply with the applicable requirements of with commission of any of the offenses listed under paragraph (4)(b) above with respect to 49 U.S.C. 5332 and 49 CFR part 21. in subparagraph (1)(b) of this certification; any employee who is so convicted: (3) The Applicant assures that it will and (a) Taking appropriate personnel action promptly take the necessary actions to (d) Have not within a three-year period against that employee, up to and including effectuate this assurance, including notifying preceding this certification had one or more termination, consistent with the the public that complaints of discrimination 6172 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices in the provision of transportation-related purpose that constitutes or presents the with the requirements of the Uniform services or benefits may be filed with U.S. appearance of personal or organizational Relocation Act, 42 U.S.C. 4601 et seq., and DOT or FTA. Upon request by U.S. DOT or conflict of interest or personal gain. U.S. DOT regulations, ‘‘Uniform Relocation FTA, the Applicant assures that it will (4) Will initiate and complete the work Assistance and Real Property Acquisition for submit the required information pertaining to within the applicable project time periods Federal and Federally Assisted Programs,’’ 49 its compliance wit these requirements. following receipt of FTA approval. CFR 24 including, but not limited to the (4) The Applicant assures that it will make (5) Will comply with all statutes relating to following: any changes in its 49 U.S.C. 5332 and Title nondiscrimination including, but not limited (a) The Applicant will adequately inform VI implementing procedures as U.S. DOT or to: each affected person of the benefits, policies, FTA may request. (a) Title VI of the Civil Rights Act, 42 and procedures provided for in 49 CFR part (5) As required by 49 CFR 21.7(a)(2), the U.S.C. 2000d, which prohibits discrimination 24; Applicant will include in each third party on the basis of race, color, or national origin; (b) The Applicant will provide fair and contract or subagreement appropriate (b) Title IX of the Education Amendments reasonable relocation payments and provisions to impose the requirements of 49 of 1972, as amended, 20 U.S.C. 1681, 1683, assistance required by 42 U.S.C. 4622, 4623, U.S.C. 5332 and 49 CFR part 21, and include and 1685 through 1687, which prohibits and 4624; 49 CFR part 24; and any applicable appropriate provisions imposing those discrimination on the basis of sex; FTA procedures, to or for families, requirements in deeds and instruments (c) Section 504 of the Rehabilitation Act of individuals, partnerships, corporations or recording the transfer of real property, 1973, as amended, 29 U.S.C. 794, which associations displaced as a result of any structures, improvements. prohibits discrimination on the basis of project financed with FTA assistance; G. Assurance of Nondiscrimination on the handicaps; (c) The Applicant will provide relocation Basis of Disability (d) The Age Discrimination Act of 1975, as assistance programs offering the services As required by U.S. DOT regulations, amended, 42 U.S.C. 6101 through 6107, described in 42 U.S.C. 4625 to such ‘‘Nondiscrimination on the Basis of Handicap which prohibits discrimination on the basis displaced families, individuals, partnerships, in Programs and Activities Receiving or of age; corporations or associations in the manner Benefiting from Federal Financial (e) The Drug Abuse Office and Treatment provided in 49 CFR part 24 and FTA Assistance,’’ at 49 CFR part 27, implementing Act of 1972, Pub. L. 92–255, March 21, 1972, procedures; the Rehabilitation Act of 1973, as amended, and amendments thereto, relating to (d) Within a reasonable time before and the Americans with Disabilities Act of nondiscrimination on the basis of drug abuse; displacement, the Applicant will make 1990, as amended, the Applicant assures (f) The Comprehensive Alcohol Abuse and available comparable replacement dwellings that, as a condition to the approval or Alcoholism Prevention Act of 1970, Pub. L. to displaced families and individuals as extension of any Federal assistance awarded 91–616, Dec. 31, 1970, and amendments required by 42 U.S.C. 4625(c)(3); by FTA to construct any facility, obtain any thereto, relating to nondiscrimination on the (e) The Applicant will carry out the rolling stock or other equipment, undertake basis of alcohol abuse or alcoholism; relocation process in such a manner as to studies, conduct research, or to participate in (g) The Public Health Service Act of 1912, provide displaced persons with uniform and or obtain any benefit from any program as amended, 42 U.S.C. 290dd–3 and 290ee– consistent services, and will make available administered by FTA, no otherwise qualified 3, related to confidentiality of alcohol and replacement housing in the same range of person with a disability shall be, solely by drug abuse patient records; choices with respect to such housing to all reason of that disability, excluded from (h) Title VIII of the Civil Rights Act, 42 displaced persons regardless of race, color, participation in, denied the benefits of, or U.S.C. 3601 et seq., relating to religion, or national origin; otherwise subjected to discrimination in any nondiscrimination in the sale, rental, or (f) In acquiring real property, the Applicant program or activity receiving or benefiting financing of housing; will be guided to the greatest extent from Federal assistance administered by the (i) Any other nondiscrimination provisions practicable under state law, but the real FTA or any entity within U.S. DOT. The in the specific statutes under which Federal property acquisition policies of 42 U.S.C. applicant assure that project implementation assistance for the project may be provided 4651 and 4652; and operations so assisted will comply with including, but not limited to section 1101(b) (g) The Applicant will pay or reimburse all applicable requirements of U.S. DOT of the Transportation Equity Act for the 21st property owners for necessary expenses as regulations implementing the Rehabilitation Century, 23 U.S.C. 101 note, which provides specified in 42 U.S.C. 4653 and 4654, Act of 1973, as amended, 29 U.S.C. 794, and for participation of disadvantaged business understanding that FTA will participate in the Americans with Disabilities Act of 1990, enterprises in FTA programs; and the Applicant’s costs of providing those as amended, 42 U.S.C. 12101 et seq. at 49 (j) The requirements of any other payments and that assistance for the project CFR parts 27, 37, and 38, and any applicable nondiscrimination statute(s) that may apply as required by 42 U.S.C. 4631; regulations and directives issued by other to the project. (h) The Applicant will execute such Federal departments or agencies. (6) Will comply, or has complied, with the amendments to third party contracts and I. Certifications Prescribed by the Office of requirements of Titles II and III of the subagreements financed with FTA assistance Management and Budget (SF–424B and SF– Uniform Relocation Assistance and Real and execute, furnish, and be bound by such 424D) Property Acquisition Policies Act of 1970, as additional documents as FTA may determine The Applicant certifies that it: amended, (Uniform Relocation Act) 42 U.S.C. necessary to effectuate or implement the (1) Has the legal authority to apply for 4601 et seq., which provide for fair and assurances provided herein, and Federal assistance and the institutional, equitable treatment of persons displaced or (i) The Applicant agrees to make these managerial, and financial capability whose property is acquired as a result of assurances part of or incorporate them by (including funds sufficient to pay the non- Federal or federally-assisted programs. These reference into any third party contract or Federal share of project cost) to ensure requirements apply to all interests in real subagreement, or any amendments thereto, proper planning, management, and property acquired for project purposes relating to any project financed by FTA completion of the project described in its regardless of Federal participation in involving relocation or land acquisition and application. purchases. These requirements apply to all provide in any affected document that these (2) Will give FTA, the Comptroller General interests in real property acquired for project relocation and land acquisition provisions of the United States and, if appropriate, the purposes regardless of Federal participation shall supersede any conflicting provisions, State, through any authorized representative, in purchases. As required by U.S. DOT (7) Will comply, as applicable, with access to and the right to examine all records, regulations, ‘‘Uniform Relocation Assistance provisions of the Hatch Act, 5 U.S.C. 1501 books, papers, or documents related to the and Real Property Acquisition for Federal through 1508, and 7324 through 7326, which award; and will establish a proper accounting and Federally assisted Programs,’’ at 49 CFR limit the political activities of state and local system in accordance with generally 24.4, and sections 210 and 305 of the agencies and their officers and employees accepted accounting standards or agency Uniform Relocation Act, 42 U.S.C. 4630 and whose principal employment activities are directives. 4655, the Applicant assures that it has the financed in whole or part with Federal funds (3) Will establish safeguards to prohibit requisite authority under applicable state and including a Federal loan, grant, or employees form using their positions for a local law and will comply or has complied cooperative agreement, but does not apply to Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6173 a nonsupervisory employee of a transit historic properties), 16 U.S.C. 470 note, and 20.110, the Applicant’s authorized system (or of any other agency or entity the Archaeological and Historic Preservation representative certifies to the best of his or performing related functions) receiving FTA Act of 1974, as amended, 16 U.S.C. 469a–I et her knowledge and belief that for each assistance to whom the Hatch Act does not seq. application for a Federal assistance otherwise apply. (13) Will comply with the Lead-Based exceeding $100,000: (8) To the extent applicable will comply Paint Poisoning Prevention Act, 42 U.S.C. (1) No Federal appropriated funds have with the Davis-Bacon Act, as amended, 40 4801, which prohibits the use of lead-based been or will be paid, by or on behalf of the U.S.C. 276a through 276a(7), the Copeland paint in construction or rehabilitation of Applicant, to any person for influencing or Act, as amended, 18 U.S.C. 874 and 40 U.S.C. residence structures. attempting to influence an officer or 276c, and the Contract Work Hours and (14) Will not dispose of, modify the use of, employee of any agency, a Member of Safety Standards Act, as amended, 40 U.S.C. or change the terms of the real property title, Congress, an officer or employee of Congress, 327 through 333, regarding labor standards or other interest in the site and facilities on or an employee of a Member of Congress for federally-assisted subagreements. which a construction project supported with pertaining to the award of any Federal (9) To the extent applicable, will comply FTA assistance takes place without assistance, or the extension, continuation, with flood insurance purchase requirements permission and instruction from the renewal, amendment, or modification of any of section 102(a) of the Flood Disaster awarding agency. Will record the Federal Federal assistance agreement; and Protection Act of 1973, as amended, 42 interest in the title of real property in (2) If any funds other than Federal U.S.C. 4012a(a), which requires recipients in accordance with FTA directives and will appropriated funds have been or will be paid a special flood hazard area to participate in include a covenant in the title of real to any person for influencing or attempting the program and to purchase flood insurance property acquired in whole or in part with to influence an officer or employee of any Federal assistance funds to assure if the total cost of insurable construction and agency, a Member of Congress, an officer or nondiscrimination during the useful life of acquisition is $10,000 or more. employee of Congress, or an employee of a the project. (10) Will comply with environmental Member of Congress in connection with any (15) Will comply with FTA requirements standards that may be prescribed to application to FTA for Federal assistance, the implement the following Federal laws and concerning the drafting, review, and approval of construction plans and specifications of Applicant assures that it will complete and executive orders. submit Standard Form-LLL, ‘‘Disclosure (a) Institution of environmental quality any construction project supported with FTA assistance. As required by U.S. DOT Form to Report Lobbying,’’ including the control measures under the National information required by the form’s Environmental Policy Act of 1969, as regulations, ‘‘Seismic Safety,’’ 49 CFR 41.117(d), before accepting delivery of any instructions, which may be amended to omit amended, 42 U.S.C. 4321 et seq. and such information as permitted by 31 U.S.C. Executive Order No. 11514, as amended, 42 building financed with FTA assistance, it will obtain a certificate of compliance with 1352. U.S.C. 4321 note; B. The Applicant understands that this (b) Notification of violating facilities the seismic design and construction requirements of 49 CFR part 41. certification is a material representation of pursuant to Executive Order No. 11738, 42 fact upon which reliance is placed and that U.S.C. 7606 note; (16) Will provide and maintain competent and adequate engineering supervision at the submission of this certification is a (c) Protection of wetlands pursuant to construction site of any project supported prerequisite for providing Federal assistance Executive Order No. 11990, 42 U.S.C. 4321 with FTA assistance to ensure that the for a transaction covered by 31 U.S.C. 1352. note; complete work conforms with the approved The Applicant also understands that any (d) Evaluation of flood hazards of plans and specifications and will furnish person who fails to file a required floodplains in accordance with Executive progress reports and such other information certification shall be subject to a civil penalty Order 11988, 42 U.S.C. 4321 note; as may be required by FTA or the State. of not less than $10,000 and not more than (e) Assurance of project consistency with (17) Will comply with the National $100,000 for each such failure. the approved State management program Research Act, Pub. L. 93–348, July 12, 1974, developed under the Coastal Zone III. Certification of Pre-Award and Post- as amended, regarding the protection of Management Act of 1972, as amended, 16 Delivery Reviews Required for Acquisition of human subjects involved in research, Rolling Stock U.S.C. 1451 et seq.; development, and related activities (f) Conformity of Federal actions to State supported by the FTA assistance. An Applicant seeking FTA assistance to (Clean Air) Implementation Plans under (18) Will comply with the Laboratory purchase rolling stock must provide the section 176(c) of the Clean Air Act of 1955, Animal Welfare Act of 1966, as amended, 7 following certification. FTA may not provide as amended, 42 U.S.C. 7401 et seq.; U.S.C. 2131 et seq. pertaining to the care, assistance for any rolling stock acquisition (g) Protection of underground sources of handling, and treatment of warm blooded until the Applicant provides this certification drinking water under the Safe Drinking animals held for research, teaching, or other by selecting Category III on the Signature Water Act of 1974, as amended, 42 U.S.C. activities supported by FTA assistance. Page. 300h et seq.; (19) Will have performed the required As required by 49 U.S.C. 5323(m), and (h) Protection of endangered species under financial and compliance audits in implementing FTA regulations at 49 CFR the Endangered Species Act of 1973, as accordance with the Single Audit Act 663.7, the Applicant certifies that it will amended, Endangered Species Act of 1973, Amendments of 1996, 31 U.S.C. 7501 et seq. comply with the requirements of 49 CFR part as amended, 16 U.S.C. 1531 et seq.; and and OMB Circular No. A–133, ‘‘Audits of 663, in the course of purchasing revenue (i) Environmental protections for Federal States, Local Governments, and Non-Profit service rolling stock. Among other things, the transit programs, including, but no limited to Organizations.’’ Applicant will conduct or cause to be protections for a park, recreation area, or (20) Will comply with all applicable conducted the prescribed pre-award and wildlife or waterfowl refuge of national, state, requirements of all other Federal laws, post-delivery reviews, and will maintain on or local significance or any land from a executive orders, regulations, and policies file the certifications required by 49 CFR part historic site of a national, state, or local governing the project. 663, subparts B, C, and D. significance used in a transit project as required by 49 U.S.C. 303. II. Lobbying Certification for an Application IV. Bus Testing Certification Required for (11) Will comply with the Wild and Scenic Exceeding $100,000 New Bus Acquisitions Rivers Act of 1968, as amended, 15 U.S.C. An Applicant that submits an application An Applicant seeking FTA assistance to 1271 et seq. relating to protecting for Federal assistance exceeding $100,000 acquire new buses must provide the components of the national wild and scenic must provide the following certification. FTA following certification. FTA may not provide rivers systems. may not provide Federal assistance for an assistance for the acquisition of new buses (12) Will assist FTA in assuring application exceeding $100,000 until the until the Applicant provides this certification compliance with section 106 of the National Applicant provides this certification by by selecting Category IV on the Signature Historic Preservation Act of 1966, as selecting Category II on the Signature Page. Page. amended, 16 U.S.C. 470f, Executive Order A. As required by U.S. DOT regulations, As required by FTA regulations, ‘‘Bus No. 11593 (identification and protection of ‘‘New Restrictions on Lobbying,’’ at CFR Testing,’’ at 49 CFR 665.7, the Applicant 6174 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices certifies that before expending any Federal A. As required by 49 U.S.C. 5323(f) and school transportation agreement may require assistance to acquire the first bus of any new FTA regulations, ‘‘School Bus Operations,’’ at corrective measures and the imposition of bus model or any bus model with a new 49 CFR 605.14, the Applicant agrees that it penalties, including debarment from the major change in configuration or components and all its recipients will: receipt of further Federal assistance for or authorizing final acceptance of that bus (as (1) Engage in school transportation transportation. described in 49 CFR part 665): operations in competition with private A. The model of the bus will have been school transportation operators only to the Over-the-Road Bus Accessibility Program tested at a bus testing facility approved by extent permitted by an exception provided by Certifications and Assurances for FTA FTA; and 49 U.S.C. 5323(f), and implementing Assistance B. It will have received a copy of the test regulations, and NAME OF APPLICANT: lllllllll report prepared on the bus model. (2) Comply with the requirements of 49 The Applicant agrees to comply with V. School Transportation Agreement CFR part 605 before providing any school applicable requirements of Categories I–V An Applicant seeking FTA assistance to transportation using equipment or facilities lll acquire or operate transportation facilities acquired with Federal assistance awarded by (The Applicant may make this selection in and equipment acquired with Federal FTA and authorized by 49 U.S.C. chapter 53 lieu of individual selections below.) assistance authorized by 49 U.S.C. chapter 53 or Title 23 U.S.C. for transportation projects. OR must agree as follows. FTA may not provide B. The Applicant understands that the assistance for transportation facilities until requirements of 49 CFR part 605 will apply The applicant agrees to comply with the the Applicant enters into this Agreement by to any school transportation it provides, the applicable requirements of the following selecting Category V on the Signature Page. definitions of 49 CFR part 605 apply to this categories it has selected:

I. Certifications and Assurances Required of Each Applicant ...... llll II. Lobbying Certification ...... llll III. Certification for the Purchase of Rolling Stock ...... llll IV. Bus Testing Certification ...... llll V. School Transportation Agreement ...... llll

Over-the-Road Bus Accessibility certification, assurance or submission made adversely affect the validity of these Certifications and Assurances to FTA. The criminal fraud provisions of 18 certifications and assurances, or of the Name of Applicant: lllllllllll U.S.C. 1001 apply to any certification, performance of the project. Furthermore, if I assurance, or submission made in connection Name and relationship of Authorized Rep- become aware of circumstances that change with any other program administered by resentative: lllllllllllllll the accuracy of the foregoing statements, I FTA. will notify the applicant promptly, which BY SIGNING BELOW I, In signing this document, I declare under llllllllll may so inform FTA. (name), on behalf of the penalties of perjury that the foregoing llllllllllllllll Applicant, declare that the Applicant has certifications and assurances, and any other Signature duly authorized me to make these statements made by me on behalf of the Date llllllllllllllllll certifications and assurances and bind the Application are true and correct. Name llllllllllllllllll Applicant’s compliance. Thus, the Applicant Signature llllllllllllllll agrees to comply with all Federal statutes, Applicant’s Attorney llllllllllllllllll regulations, executive orders, and Date Each Applicant for FTA financial administrative guidance required for each Name llllllllllllllllll assistance and each FTA grantee with an application it makes to the Federal Transit Authorized Representative of Applicant active capital project must provide an Administration (FTA). Affirmation of Applicant’s Attorney attorney’s affirmation of the Applicant’s legal FTA intends that the certifications and capacity. assurances the Applicant selects on the other For lllllllllllllllllll side of this document should apply, as (Name of Applicant) Appendix D—Grant Application Checklist required, to each project for which the As the undersigned legal counsel for the 1. Transmittal letter applicant seeks FTA assistance. above name applicant, I hereby affirm to the 2. SF–424 The applicant affirms the truthfulness and Applicant that it has authority under state 3. Project Eligibility accuracy of the certifications and assurances and local law to make and comply with the a. Organizational Capacity it has made in the statements submitted certifications and assurances as indicated on b. 50 percent non-Federal match herein with this document and any other the foregoing pages. I further affirm that, in 4. Project Budget submission made to FTA, and acknowledges my opinion, the certifications and assurances 5. Project Description that the provisions of the Program Fraud have been legally made and constitute legal —Project Milestones Civil Remedies Act of 1986, 31 U.S.C. 3801 and binding obligstions on the applicant. et seq., as implemented by U.S. DOT I further affirm to the Applicant that, to the 6. Project Narrative regulations, ‘‘Program Fraud Civil best of my knowledge, there is no legislation BILLING CODE 4910±57±M Remedies,’’ 49 CFR part 31 apply to any or litigation pending or imminent that might Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices 6175 6176 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

[FR Doc. 99–2826 Filed 2–5–99; 8:45 am] BILLING CODE 4910±57±C federal register February 8,1999 Monday Programs; ClosingDateExtension;Notice and Hispanic-ServingInstitutions and NativeHawaiianServingInstitutions, Colleges andUniversities,AlaskaNative American IndianTriballyControlled 1999 fortheStrengtheningInstitutions, as anEligibleInstitutionforFiscalYear Receipt ofApplicationsforDesignation Education Department of Part VI 6177 6178 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Notices

DEPARTMENT OF EDUCATION Controlled Colleges and Universities, Individuals with disabilities may Alaska Native and Native Hawaiian obtain this document in an alternate [CFDA NO. 84.031H] Serving Institutions and HSI Programs, format (e.g., Braille, large print, audio Notice of Extension of Closing Date for to be published in a future Federal tape, or computer diskette) on request to Receipt of Applications for Register notice. Because of time the contact person listed in the Designation as an Eligible Institution constraints, the Department does not preceding paragraph. for Fiscal Year 1999 for the guarantee that it will be able to notify Individuals with disabilities may Strengthening Institutions, American an applicant for designation as an obtain a copy of the application package Indian Tribally Controlled Colleges and eligible Institution before the new grant in an alternate format, also, by Universities, Alaska Native and Native award closing date of April 12, 1999. contacting that person. However, the Hawaiian Serving Institutions, and However, the closing date of May 28, Department is not able to reproduce in Hispanic-Serving Institutions 1999 has not changed for applicants an alternate format the standard forms Programs who wish to apply only for purposes of included in the application package. obtaining a waiver of certain non- Electronic Access to This Document: Purpose: On January 4, 1999, the Federal share requirements under the Anyone may view this document, as Department of Education published in Federal Supplemental Educational well as all other Department of the Federal Register (64 FR 347–349) a Opportunity Grant (FSEOG), Federal Education documents published in the closing date notice for applications from Work Study (FWS), and Undergraduate Federal Register, in text or portable institutions that wish to be designated International Studies and Foreign document format (pdf) on the World as an eligible institution under the Language (UISFL) programs. Wide Web at either of the following Strengthening Institutions, American sites: Deadline for Transmittal of Indian Tribally Controlled Colleges and Applications: March 17, 1999 for http://ocfo.ed.gov/fedreg/htm Universities, Alaska Native and Native Institutions of higher education that http://www.ed.gov/news.html Hawaiian Serving Institutions and with to compete for new awards under To use the pdf you must have the Hispanic-Serving Institutions (HSI) the Strengthening Institutions, Adobe Acrobat Reader Program with Programs. The first three programs are American Indian Tribally Controlled Search, which is available free at either authorized under Title III of the Higher Colleges and Universities, Alaska Native of the previous sites. If you have Education Act of 1965, as amended and Native Hawaiian Serving questions about using the pdf, call the (HEA). The HSI program is authorized Institutions and HSI Programs. May 28, U.S. Government Printing Office at (202) under Title V of the HEA. The purpose 1999 for institutions of higher education 512–1530 or, toll free at 1–888–293– of this notice is to extend the closing that plan to obtain a waiver of certain 6498. date for transmittal of institutional non-Federal share requirements under Anyone may also view these eligibility applications from institutions the FSEOG, FWS, and UISFL programs. documents in text copy on an electronic who wish to compete for new grants bulletin board of the Department. under the Strengthening Institutions, Applications Available: February 10, Telephone: (202) 219–1511 or, toll free, American Indian Tribally Controlled 1999. 1–800–222–4922. The documents Colleges and Universities, Alaska Native For Applications or Information located under Option G—Files/ and Native Hawaiian Serving Contact: Ellen M. Sealey, Margaret A. Announcements, Bulletins, and Press Institutions and HSI Programs. This Wheeler or Anne S. Young, Institutional Releases. action is needed due to unforeseen Development and Undergraduate administrative delays. Education Service, U.S. Department of Note: The official version of a document is The closing date for eligibility Education, 400 Maryland Avenue, SW., the document published in the Federal applications is extended from February (Portals CY–80) Washington, DC 20202– Register. 15, 1999 to March 17, 1999 for 5335. Telephone (202) 708–8866, 708– Program Authority: 20 U.S.C. 1057, 1059c institutions that wish to apply for new 9926 and 708–8839. Individuals who and 1065a. grant awards under the Title III and use a telecommunications device for the Dated: February 2, 1999. Title V programs. The Department plans deaf (TDD) may call the Federal David A. Longanecker, to announce a closing date of April 12, Information Relay Service (FIRS) at 1– Assistant Secretary for Postsecondary 1999 for applications for new grant 800–877–8339 between 8 a.m. and 8 Education. awards under the Strengthening p.m., Eastern time, Monday through [FR Doc. 99–2918 Filed 2–5–99; 8:45 am] Institutions, American Indian Tribally Friday. BILLING CODE 4000±01±M federal register February 8,1999 Monday Executive Order13112ÐInvasiveSpecies Month, 1999 Proclamation 7166ÐAmericanHeart The President Part VII 6179

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Federal Register Presidential Documents Vol. 64, No. 25

Monday, February 8, 1999

Title 3— Proclamation 7166 of February 3, 1999

The President American Heart Month, 1999

By the President of the United States of America

A Proclamation Thanks to the dedicated efforts of scientists and researchers and the strong support of the American public, today we stand at the threshold of a new frontier in the prevention and treatment of heart disease. And in coming years, Americans will reap even greater benefits from our ongoing commitment to heart research. Already, research has profoundly altered scientists’ understanding of heart disease, revealing that the likelihood of heart disease is increased by risk factors such as smoking, high blood pressure, high blood cholesterol, diabetes, obesity, physical inactivity, and a family history of early heart disease. Armed with this knowledge, millions of Americans have been able to take steps to reduce their risk of illness. Thanks to scientific discoveries, those already afflicted with heart disease now have access to lifesaving therapies and procedures such as clot-dissolving drugs, cardiopulmonary resuscitation, defibrillation, and balloon angioplasty. Even greater advances lie ahead. Fields on the verge of delivering major innovations include molecular genetics, gene therapy, biotechnology, immu- nology, and epidemiology. The next breakthroughs will include better noninvasive diagnostic tools that can help physicians examine the heart and blood vessels without surgery; an implantable mechanical device that can restore heart function to those suffering heart failure; and a drug that can promote the growth of new blood vessels to body tissues and organs with poor circulation. But technology is not a panacea. Despite the great gains we have made, heart disease remains the leading cause of death in the United States, and millions of Americans have at least one risk factor for heart disease. Moreover, recent data have shown a slight rise in the death rate for stroke and a slowing in the decline of the death rate for coronary heart disease. Some cardiovascular conditions, such as heart failure, as well as two key heart disease risk factors, obesity and physical inactivity, are on the increase among Americans. We must work together to make all Americans aware of the information science has given us regarding controllable risk factors for cardiovascular disease. It is particularly important that we reach out to African Americans, Hispanic Americans, other minority communities, and women, who often are at high risk for heart disease and stroke, and ensure that they have access to the resources and information they need to guard against these afflictions. We must also encourage families to teach their children the importance of adopting healthy lifestyle practices early and maintaining them into and throughout adulthood. The Federal Government continues to play a vital role in improving the cardiovascular health of Americans by supporting research and public education through the National Heart, Lung, and Blood Institute of the National Institutes of Health. The American Heart Association, through its research and education programs and its broad network of dedicated volunteers, also plays a crucial part in bringing about much-needed advances. 6182 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Presidential Documents

As Americans look ahead to a new century and a new millennium, we should use the momentum of past heart research as a springboard to even greater gains. In recognition of the importance of the ongoing fight against cardiovascular disease, the Congress, by Joint Resolution approved December 30, 1963 (77 Stat. 843; 36 U.S.C. 169b), has requested that the President issue an annual proclamation designating February as ‘‘American Heart Month.’’ NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim February 1999 as American Heart Month. I invite the Governors of the States, the Commonwealth of Puerto Rico, officials of other areas subject to the jurisdiction of the United States, and the American people to join me in reaffirming our commitment to combating cardiovascular disease and stroke. IN WITNESS WHEREOF, I have hereunto set my hand this third day of February, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-third. œ–

[FR Doc. 99–3183 Filed 2–5–99; 8:45 am] Billing code 3195–01–P Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Presidential Documents 6183 Presidential Documents

Executive Order 13112 of February 3, 1999

Invasive Species

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended (16 U.S.C. 4701 et seq.), Lacey Act, as amended (18 U.S.C. 42), Federal Plant Pest Act (7 U.S.C. 150aa et seq.), Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 2801 et seq.), Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and other pertinent statutes, to prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive species cause, it is ordered as follows: Section 1. Definitions. (a) ‘‘Alien species’’ means, with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem. (b) ‘‘Control’’ means, as appropriate, eradicating, suppressing, reducing, or managing invasive species populations, preventing spread of invasive species from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of invasive species and to prevent further invasions. (c) ‘‘Ecosystem’’ means the complex of a community of organisms and its environment. (d) ‘‘Federal agency’’ means an executive department or agency, but does not include independent establishments as defined by 5 U.S.C. 104. (e) ‘‘Introduction’’ means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity. (f) ‘‘Invasive species’’ means an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health. (g) ‘‘Native species’’ means, with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem. (h) ‘‘Species’’ means a group of organisms all of which have a high degree of physical and genetic similarity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms. (i) ‘‘Stakeholders’’ means, but is not limited to, State, tribal, and local government agencies, academic institutions, the scientific community, non- governmental entities including environmental, agricultural, and conservation organizations, trade groups, commercial interests, and private landowners. (j) ‘‘United States’’ means the 50 States, the District of Columbia, Puerto Rico, Guam, and all possessions, territories, and the territorial sea of the United States. 6184 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Presidential Documents

Sec. 2. Federal Agency Duties. (a) Each Federal agency whose actions may affect the status of invasive species shall, to the extent practicable and permitted by law, (1) identify such actions; (2) subject to the availability of appropriations, and within Administration budgetary limits, use relevant programs and authorities to: (i) prevent the introduction of invasive species; (ii) detect and respond rapidly to and control populations of such species in a cost-effective and environmentally sound manner; (iii) monitor invasive species populations accurately and reliably; (iv) provide for restoration of native species and habitat conditions in ecosystems that have been invaded; (v) conduct research on invasive species and develop technologies to prevent introduction and provide for environmentally sound control of invasive species; and (vi) promote public education on invasive species and the means to address them; and (3) not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere unless, pursuant to guidelines that it has prescribed, the agency has determined and made public its determination that the benefits of such actions clearly outweigh the potential harm caused by invasive species; and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction with the actions. (b) Federal agencies shall pursue the duties set forth in this section in consultation with the Invasive Species Council, consistent with the Invasive Species Management Plan and in cooperation with stakeholders, as appropriate, and, as approved by the Department of State, when Federal agencies are working with international organizations and foreign nations. Sec. 3. Invasive Species Council. (a) An Invasive Species Council (Council) is hereby established whose members shall include the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency. The Council shall be Co-Chaired by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. The Council may invite additional Federal agency representatives to be members, including representatives from subcabinet bureaus or offices with significant responsibilities concerning invasive species, and may prescribe special procedures for their participation. The Secretary of the Interior shall, with concurrence of the Co-Chairs, appoint an Executive Director of the Council and shall provide the staff and administrative support for the Coun- cil. (b) The Secretary of the Interior shall establish an advisory committee under the Federal Advisory Committee Act, 5 U.S.C. App., to provide information and advice for consideration by the Council, and shall, after consultation with other members of the Council, appoint members of the advisory committee representing stakeholders. Among other things, the advisory committee shall recommend plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Manage- ment Plan in section 5 of this order. The advisory committee shall act in cooperation with stakeholders and existing organizations addressing invasive species. The Department of the Interior shall provide the administrative and financial support for the advisory committee. Sec. 4. Duties of the Invasive Species Council. The Invasive Species Council shall provide national leadership regarding invasive species, and shall: (a) oversee the implementation of this order and see that the Federal agency activities concerning invasive species are coordinated, complementary, cost-efficient, and effective, relying to the extent feasible and appropriate on existing organizations addressing invasive species, such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, and the Committee on Environ- ment and Natural Resources; Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Presidential Documents 6185

(b) encourage planning and action at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Management Plan in section 5 of this order, in cooperation with stakeholders and existing organizations addressing invasive species; (c) develop recommendations for international cooperation in addressing invasive species; (d) develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies pursuant to the National Environmental Policy Act on prevention and control of invasive species, including the procurement, use, and maintenance of native species as they affect invasive species; (e) facilitate development of a coordinated network among Federal agencies to document, evaluate, and monitor impacts from invasive species on the economy, the environment, and human health; (f) facilitate establishment of a coordinated, up-to-date information-sharing system that utilizes, to the greatest extent practicable, the Internet; this system shall facilitate access to and exchange of information concerning invasive species, including, but not limited to, information on distribution and abundance of invasive species; life histories of such species and invasive characteristics; economic, environmental, and human health impacts; management techniques, and laws and programs for management, research, and public education; and (g) prepare and issue a national Invasive Species Management Plan as set forth in section 5 of this order. Sec. 5. Invasive Species Management Plan. (a) Within 18 months after issuance of this order, the Council shall prepare and issue the first edition of a National Invasive Species Management Plan (Management Plan), which shall detail and recommend performance-oriented goals and objectives and specific measures of success for Federal agency efforts concerning invasive species. The Management Plan shall recommend specific objectives and measures for carrying out each of the Federal agency duties established in section 2(a) of this order and shall set forth steps to be taken by the Council to carry out the duties assigned to it under section 4 of this order. The Management Plan shall be developed through a public process and in consultation with Federal agencies and stakeholders. (b) The first edition of the Management Plan shall include a review of existing and prospective approaches and authorities for preventing the introduction and spread of invasive species, including those for identifying pathways by which invasive species are introduced and for minimizing the risk of introductions via those pathways, and shall identify research needs and recommend measures to minimize the risk that introductions will occur. Such recommended measures shall provide for a science-based process to evaluate risks associated with introduction and spread of invasive species and a coordinated and systematic risk-based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species. If recommended measures are not authorized by current law, the Council shall develop and recommend to the President through its Co- Chairs legislative proposals for necessary changes in authority. (c) The Council shall update the Management Plan biennially and shall concurrently evaluate and report on success in achieving the goals and objectives set forth in the Management Plan. The Management Plan shall identify the personnel, other resources, and additional levels of coordination needed to achieve the Management Plan’s identified goals and objectives, and the Council shall provide each edition of the Management Plan and each report on it to the Office of Management and Budget. Within 18 months after measures have been recommended by the Council in any edition of the Management Plan, each Federal agency whose action is required to implement such measures shall either take the action recommended or shall provide the Council with an explanation of why the action is not feasible. The Council shall assess the effectiveness of this order no 6186 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Presidential Documents

less than once each 5 years after the order is issued and shall report to the Office of Management and Budget on whether the order should be revised. Sec. 6. Judicial Review and Administration. (a) This order is intended only to improve the internal management of the executive branch and is not intended to create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any other person. (b) Executive Order 11987 of May 24, 1977, is hereby revoked. (c) The requirements of this order do not affect the obligations of Federal agencies under 16 U.S.C. 4713 with respect to ballast water programs. (d) The requirements of section 2(a)(3) of this order shall not apply to any action of the Department of State or Department of Defense if the Secretary of State or the Secretary of Defense finds that exemption from such requirements is necessary for foreign policy or national security reasons. œ–

THE WHITE HOUSE, February 3, 1999. [FR Doc. 99–3184 Filed 2–5–99; 8:45 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 64, No. 25 Monday, February 8, 1999

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REMINDERS Boeing; published 1-4-99 Caribbean, Gulf, and South comments due by 2-16- The items in this list were New Piper Aircraft, Inc.; Atlantic fisheriesÐ 99; published 12-18-98 editorially compiled as an aid published 12-31-98 Gulf of Mexico reef fish; Pesticides; tolerances in food, to Federal Register users. Raytheon; published 12-31- comments due by 2-16- animal feeds, and raw Inclusion or exclusion from 98 99; published 12-18-98 agricultural commodities: Bifenthrin; comments due by this list has no legal DEFENSE DEPARTMENT significance. 2-16-99; published 12-16- COMMENTS DUE NEXT Federal Acquisition Regulation 98 WEEK (FAR): Copper ammonium complex; RULES GOING INTO Historically underutilized comments due by 2-16- EFFECT FEBRUARY 8, AGRICULTURE business zone (HUBZone) 99; published 12-16-98 1999 DEPARTMENT empowerment contracting Tralkoxydim; comments due Animal and Plant Health program; comments due by 2-16-99; published 12- Inspection Service by 2-16-99; published 12- 16-98 AGRICULTURE 18-98 Superfund program: DEPARTMENT Exportation and importation of animals and animal ENERGY DEPARTMENT National oil and hazardous Animal and Plant Health products: substances contingency Inspection Service Energy Efficiency and African horse sickness; planÐ Export certification: Renewable Energy Office disease status changeÐ National priorities list Non-government facilities; Consumer products; energy Qatar; comments due by update; comments due accreditation for laboratory conservation program: 2-16-99; published 1-14- by 2-16-99; published testing or phytosanitary Clothes washersÐ 99 12-17-98 inspection services; Energy conservation Toxic substances: published 1-8-99 Plant-related quarantine, standards; comments domestic: Lead-based paint activitiesÐ COMMERCE DEPARTMENT due by 2-16-99; Lead-based paint debris; Karnal bunt diseaseÐ Export Administration published 1-11-99 management and Compensation; comments Bureau ENVIRONMENTAL disposal; comments due due by 2-16-99; Export licensing: PROTECTION AGENCY by 2-16-99; published published 12-17-98 12-18-98 Commerce control listÐ Air pollutants, hazardous; Plant-related quarantine, FEDERAL Missile technology national emission standards: foreign: COMMUNICATIONS controls changes; Oil and natural gas Solid wood packing material COMMISSION published 2-8-99 from China; comments production and natural gas transmission and Common carrier services: ENVIRONMENTAL due by 2-16-99; published Fixed satelite service and PROTECTION AGENCY 12-17-98 storage; comments due by 2-16-99; published 1- terrestrial system in Ku- Air quality implementation AGRICULTURE 15-99 band; comments due by plans; approval and DEPARTMENT 2-16-99; published 1-12- Air pollution; standards of promulgation; various Rural Utilities Service 99 States: performance for new Frequency allocations and Telecommunications standards stationary sources: Kentucky; published 12-8-98 and specifications: radio treaty matters: Maryland; published 12-9-98 Solid waste landfills that 3650-3700 MHz government Materials, equipment, and commenced construction Missouri; published 12-8-98 constructionÐ transfer band; comments prior to May 30, 1991 and due by 2-16-99; published Rhode Island; published 12- Customer access have not been modified or 1-14-99 8-98 locations; service reconstructed since May Radio and television installation standard; Rhode Island; correction; 30, 1991; comments due broadcasting: comments due by 2-19- published 1-6-98 by 2-16-99; published 12- Broadcast and cable equal 99; published 12-21-98 South Carolina; published 16-98 employment opportunity 12-8-98 COMMERCE DEPARTMENT Air programs: rules and policies; Hazardous waste program Economic Analysis Bureau Ambient air quality revision; comments due authorizations: International services surveys: surveillanceÐ by 2-18-99; published 1- Oklahoma; published 12-9- Foreign direct investments Washington and Oregon; 14-99 98 in U.S.Ð ozone monitoring FEDERAL EMERGENCY Hazardous waste: Annual survey; exemption season modification; MANAGEMENT AGENCY Identification and listingÐ levels; comments due comments due by 2-19- Preparedness: Petroleum refining process by 2-16-99; published 99; published 1-20-99 Offsite radiological wastes; land disposal 1-14-99 Washington and Oregon; emergency preparedness restrictions for newly COMMERCE DEPARTMENT ozone monitoring program; services fee; comments due by 2-16- hazardous wastes, etc.; Export Administration season modification; 99; published 12-15-98 published 8-6-98 Bureau comments due by 2-19- GENERAL SERVICES FEDERAL Encryption items; comments 99; published 1-20-99 ADMINISTRATION COMMUNICATIONS due by 2-16-99; published Air quality implementation COMMISSION 12-31-98 plans; approval and Federal Acquisition Regulation (FAR): Organization, functions, and promulgation; various COMMERCE DEPARTMENT Historically underutilized authority delegations: States: National Oceanic and business zone (HUBZone) General Counsel Office, Atmospheric Administration Illinois; comments due by 2- empowerment contracting Competition Division Fishery conservation and 16-99; published 1-15-99 program; comments due elimination; etc.; published management: Louisiana; comments due by by 2-16-99; published 12- 2-8-99 Alaska; fisheries of 2-16-99; published 1-14- 18-98 TRANSPORTATION Exclusive Economic 99 HEALTH AND HUMAN DEPARTMENT ZoneÐ Hazardous waste: SERVICES DEPARTMENT Federal Aviation Fishing participation credit; Lead-based paint debris; Food and Drug Administration comments due by 2-18- toxicity characteristic rule; Administration Airworthiness directives: 99; published 1-19-99 temporary suspension; Food additives: iv Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Reader Aids

Adhesive coatings and offenses; comments due by 2-16-99; published 12- Airworthiness directives: componentsÐ by 2-16-99; published 12- 18-98 Airbus; comments due by 2- Silver chloride-coated 16-98 SECURITIES AND 18-99; published 1-19-99 titanium dioxide; LABOR DEPARTMENT EXCHANGE COMMISSION Construcciones comments due by 2-16- Employment and Training Securities: 99; published 1-15-99 Aeronauticas, S.A.; Administration Cross-border tender offers, comments due by 2-19- INTERIOR DEPARTMENT Nonimmigrants on H-1B visas business combinations, 99; published 1-20-99 Reclamation Bureau employed in specialty and rights offerings; McCauley Propeller occupations and as fashion comments due by 2-16- Farm operations in excess of Systems; comments due models; labor condition 99; published 12-15-98 960 acres, information by 2-16-99; published 12- applications and employer requirements; and formerly STATE DEPARTMENT 18-98 excess land eligibility to requirements Privacy Act; implementation; receive non-full cost Wage recordkeeping comments due by 2-16-99; Pratt & Whitney; comments irrigation water; comments requirements; comments published 1-6-99 due by 2-19-99; published 12-21-98 due by 2-18-99; published due by 2-19-99; published TRANSPORTATION 1-19-99 2-5-99 DEPARTMENT Class D and Class E INTERIOR DEPARTMENT LABOR DEPARTMENT Coast Guard airspace; comments due by 2-16-99; published 1-15-99 Surface Mining Reclamation Mine Safety and Health Boating safety: and Enforcement Office Administration Manufacturing Class D and E airspace; Surface coal mining and Coal mine safety and health: requirementsÐ comments due by 2-16-99; reclamation operations: Underground minesÐ Recreational boats; hull published 1-5-99 Ownership and control Diesel particulate matter; identification numbers; Class E airspace; comments mining operations; occupational exposure; comments due by 2-16- due by 2-17-99; published definitions, permit comments due by 2-16- 99; published 11-16-98 1-25-99 requirements, enforcement 99; published 10-19-98 TRANSPORTATION actions, etc.; comments TREASURY DEPARTMENT NATIONAL AERONAUTICS DEPARTMENT due by 2-19-99; published Internal Revenue Service AND SPACE Federal Aviation 12-21-98 ADMINISTRATION Administration Estate and gift taxes: JUSTICE DEPARTMENT Federal Acquisition Regulation Airmen certification: Marital deduction; valuation Prisons Bureau (FAR): Aircraft dispatchers; eligibility of interest in property Inmate control, custody, care, Historically underutilized and certification passing to surviving etc.: business zone (HUBZone) requirements; comments spouse; public hearing; Sex offender release empowerment contracting due by 2-16-99; published comments due by 2-16- notification; designation of program; comments due 10-19-98 99; published 12-16-98 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Reader Aids v

CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–034–00037–1) ...... 47.00 Jan. 1, 1998 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–034–00038–0) ...... 40.00 Jan. 1, 1998 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–034–00039–8) ...... 16.00 Jan. 1, 1998 numbers, prices, and revision dates. 200–1199 ...... (869–034–00040–1) ...... 29.00 Jan. 1, 1998 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–034–00041–0) ...... 23.00 Jan. 1, 1998 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–034–00042–8) ...... 22.00 Jan. 1, 1998 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–034–00043–6) ...... 33.00 Jan. 1, 1998 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... 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(869–034–00003–7) ...... 7.00 5 Jan. 1, 1998 1–99 ...... (869–034–00059–2) ...... 21.00 Apr. 1, 1998 100–169 ...... (869–034–00060–6) ...... 27.00 Apr. 1, 1998 5 Parts: 170–199 ...... (869–034–00061–4) ...... 28.00 Apr. 1, 1998 1–699 ...... (869–034–00004–5) ...... 35.00 Jan. 1, 1998 200–299 ...... (869–034–00062–2) ...... 9.00 Apr. 1, 1998 700–1199 ...... (869–034–00005–3) ...... 26.00 Jan. 1, 1998 300–499 ...... (869–034–00063–1) ...... 50.00 Apr. 1, 1998 1200–End, 6 (6 500–599 ...... (869–034–00064–9) ...... 28.00 Apr. 1, 1998 Reserved) ...... (869–034–00006–1) ...... 39.00 Jan. 1, 1998 600–799 ...... (869–034–00065–7) ...... 9.00 Apr. 1, 1998 7 Parts: 800–1299 ...... (869–034–00066–5) ...... 32.00 Apr. 1, 1998 1–26 ...... (869–034–00007–0) ...... 24.00 Jan. 1, 1998 1300–End ...... (869–034–00067–3) ...... 12.00 Apr. 1, 1998 27–52 ...... (869–034–00008–8) ...... 30.00 Jan. 1, 1998 22 Parts: 53–209 ...... (869–034–00009–6) ...... 20.00 Jan. 1, 1998 1–299 ...... (869–034–00068–1) ...... 41.00 Apr. 1, 1998 210–299 ...... (869–034–00010–0) ...... 44.00 Jan. 1, 1998 300–End ...... (869–034–00069–0) ...... 31.00 Apr. 1, 1998 300–399 ...... (869–034–00011–8) ...... 24.00 Jan. 1, 1998 400–699 ...... (869–034–00012–6) ...... 33.00 Jan. 1, 1998 23 ...... (869–034–00070–3) ...... 25.00 Apr. 1, 1998 700–899 ...... (869–034–00013–4) ...... 30.00 Jan. 1, 1998 24 Parts: 900–999 ...... (869–034–00014–2) ...... 39.00 Jan. 1, 1998 0–199 ...... (869–034–00071–1) ...... 32.00 Apr. 1, 1998 1000–1199 ...... (869–034–00015–1) ...... 44.00 Jan. 1, 1998 200–499 ...... (869–034–00072–0) ...... 28.00 Apr. 1, 1998 1200–1599 ...... (869–034–00016–9) ...... 34.00 Jan. 1, 1998 500–699 ...... (869–034–00073–8) ...... 17.00 Apr. 1, 1998 1600–1899 ...... (869–034–00017–7) ...... 58.00 Jan. 1, 1998 700–1699 ...... (869–034–00074–6) ...... 45.00 Apr. 1, 1998 1900–1939 ...... (869–034–00018–5) ...... 18.00 Jan. 1, 1998 1700–End ...... (869–034–00075–4) ...... 17.00 Apr. 1, 1998 1940–1949 ...... (869–034–00019–3) ...... 33.00 Jan. 1, 1998 25 ...... (869–034–00076–2) ...... 42.00 Apr. 1, 1998 1950–1999 ...... (869–034–00020–7) ...... 40.00 Jan. 1, 1998 2000–End ...... (869–034–00021–5) ...... 24.00 Jan. 1, 1998 26 Parts: §§ 1.0-1–1.60 ...... (869–034–00077–1) ...... 26.00 Apr. 1, 1998 8 ...... (869–034–00022–3) ...... 33.00 Jan. 1, 1998 §§ 1.61–1.169 ...... (869–034–00078–9) ...... 48.00 Apr. 1, 1998 9 Parts: §§ 1.170–1.300 ...... (869–034–00079–7) ...... 31.00 Apr. 1, 1998 1–199 ...... (869–034–00023–1) ...... 40.00 Jan. 1, 1998 §§ 1.301–1.400 ...... (869–034–00080–1) ...... 23.00 Apr. 1, 1998 200–End ...... (869–034–00024–0) ...... 33.00 Jan. 1, 1998 §§ 1.401–1.440 ...... (869–034–00081–9) ...... 39.00 Apr. 1, 1998 §§ 1.441-1.500 ...... (869-034-00082-7) ...... 29.00 Apr. 1, 1998 10 Parts: §§ 1.501–1.640 ...... (869–034–00083–5) ...... 27.00 Apr. 1, 1998 0–50 ...... (869–034–00025–8) ...... 39.00 Jan. 1, 1998 §§ 1.641–1.850 ...... (869–034–00084–3) ...... 32.00 Apr. 1, 1998 51–199 ...... (869–034–00026–6) ...... 32.00 Jan. 1, 1998 §§ 1.851–1.907 ...... (869–034–00085–1) ...... 36.00 Apr. 1, 1998 200–499 ...... (869–034–00027–4) ...... 31.00 Jan. 1, 1998 §§ 1.908–1.1000 ...... (869–034–00086–0) ...... 35.00 Apr. 1, 1998 500–End ...... (869–034–00028–2) ...... 43.00 Jan. 1, 1998 §§ 1.1001–1.1400 ...... (869–034–00087–8) ...... 38.00 Apr. 1, 1998 11 ...... (869–034–00029–1) ...... 19.00 Jan. 1, 1998 §§ 1.1401–End ...... (869–034–00088–6) ...... 51.00 Apr. 1, 1998 2–29 ...... (869–034–00089–4) ...... 36.00 Apr. 1, 1998 12 Parts: 30–39 ...... (869–034–00090–8) ...... 25.00 Apr. 1, 1998 1–199 ...... (869–034–00030–4) ...... 17.00 Jan. 1, 1998 40–49 ...... (869–034–00091–6) ...... 16.00 Apr. 1, 1998 200–219 ...... (869–034–00031–2) ...... 21.00 Jan. 1, 1998 50–299 ...... (869–034–00092–4) ...... 19.00 Apr. 1, 1998 220–299 ...... (869–034–00032–1) ...... 39.00 Jan. 1, 1998 300–499 ...... (869–034–00093–2) ...... 34.00 Apr. 1, 1998 300–499 ...... (869–034–00033–9) ...... 23.00 Jan. 1, 1998 500–599 ...... (869–034–00094–1) ...... 10.00 Apr. 1, 1998 500–599 ...... (869–034–00034–7) ...... 24.00 Jan. 1, 1998 600–End ...... (869–034–00095–9) ...... 9.00 Apr. 1, 1998 600–End ...... (869–034–00035–5) ...... 44.00 Jan. 1, 1998 27 Parts: 13 ...... (869–034–00036–3) ...... 23.00 Jan. 1, 1998 1–199 ...... (869–034–00096–7) ...... 49.00 Apr. 1, 1998 vi Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Reader Aids

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–034–00097–5) ...... 17.00 6 Apr. 1, 1998 266–299 ...... (869–034–00151–3) ...... 33.00 July 1, 1998 ...... 28 Parts: ...... 300–399 (869–034–00152–1) 26.00 July 1, 1998 400–424 ...... (869–034–00153–0) ...... 33.00 July 1, 1998 0-42 ...... (869–034–00098–3) ...... 36.00 July 1, 1998 425–699 ...... (869–034–00154–8) ...... 42.00 July 1, 1998 43-end ...... (869-034-00099-1) ...... 30.00 July 1, 1998 700–789 ...... (869–034–00155–6) ...... 41.00 July 1, 1998 29 Parts: 790–End ...... (869–034–00156–4) ...... 22.00 July 1, 1998 0–99 ...... (869–034–00100–9) ...... 26.00 July 1, 1998 41 Chapters: 100–499 ...... (869–034–00101–7) ...... 12.00 July 1, 1998 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 500–899 ...... (869–034–00102–5) ...... 40.00 July 1, 1998 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 900–1899 ...... (869–034–00103–3) ...... 20.00 July 1, 1998 3–6 ...... 14.00 3 July 1, 1984 1900–1910 (§§ 1900 to 7 ...... 6.00 3 July 1, 1984 1910.999) ...... (869–034–00104–1) ...... 44.00 July 1, 1998 8 ...... 4.50 3 July 1, 1984 1910 (§§ 1910.1000 to 9 ...... 13.00 3 July 1, 1984 end) ...... (869–034–00105–0) ...... 27.00 July 1, 1998 10–17 ...... 9.50 3 July 1, 1984 1911–1925 ...... (869–034–00106–8) ...... 17.00 July 1, 1998 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1926 ...... (869–034–00107–6) ...... 30.00 July 1, 1998 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 1927–End ...... (869–034–00108–4) ...... 41.00 July 1, 1998 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 30 Parts: 19–100 ...... 13.00 3 July 1, 1984 1–199 ...... (869–034–00109–2) ...... 33.00 July 1, 1998 1–100 ...... (869–034–00157–2) ...... 13.00 July 1, 1998 200–699 ...... (869–034–00110–6) ...... 29.00 July 1, 1998 101 ...... (869–034–00158–1) ...... 37.00 July 1, 1998 700–End ...... (869–034–00111–4) ...... 33.00 July 1, 1998 102–200 ...... (869–034–00158–9) ...... 15.00 July 1, 1998 201–End ...... (869–034–00160–2) ...... 13.00 July 1, 1998 31 Parts: 0–199 ...... (869–034–00112–2) ...... 20.00 July 1, 1998 42 Parts: 200–End ...... (869–034–00113–1) ...... 46.00 July 1, 1998 1–399 ...... (869–034–00161–1) ...... 34.00 Oct. 1, 1998 *400–429 ...... (869–034–00162–9) ...... 41.00 Oct. 1, 1998 32 Parts: 430–End ...... (869–034–00163–7) ...... 51.00 Oct. 1, 1998 1–39, Vol. I ...... 15.00 2 July 1, 1984 1–39, Vol. II ...... 19.00 2 July 1, 1984 43 Parts: 1–39, Vol. III ...... 18.00 2 July 1, 1984 1–999 ...... (869–032–00163–4) ...... 31.00 Oct. 1, 1997 1–190 ...... (869–034–00114–9) ...... 47.00 July 1, 1998 1000–end ...... (869–032–00164–2) ...... 50.00 Oct. 1, 1997 191–399 ...... (869–034–00115–7) ...... 51.00 July 1, 1998 44 ...... (869–032–00165–1) ...... 31.00 Oct. 1, 1997 400–629 ...... (869–034–00116–5) ...... 33.00 July 1, 1998 630–699 ...... (869–034–00117–3) ...... 22.00 4 July 1, 1998 45 Parts: 700–799 ...... (869–034–00118–1) ...... 26.00 July 1, 1998 1–199 ...... (869–032–00166–9) ...... 30.00 Oct. 1, 1997 800–End ...... (869–034–00119–0) ...... 27.00 July 1, 1998 200–499 ...... (869–032–00167–7) ...... 18.00 Oct. 1, 1997 500–1199 ...... (869–032–00168–5) ...... 29.00 Oct. 1, 1997 33 Parts: 1200–End ...... (869–034–00170–0) ...... 39.00 Oct. 1, 1998 1–124 ...... (869–034–00120–3) ...... 29.00 July 1, 1998 125–199 ...... (869–034–00121–1) ...... 38.00 July 1, 1998 46 Parts: 200–End ...... (869–034–00122–0) ...... 30.00 July 1, 1998 1–40 ...... (869–034–00171–8) ...... 26.00 Oct. 1, 1998 41–69 ...... (869–034–00172–6) ...... 21.00 Oct. 1, 1998 34 Parts: 70–89 ...... (869–034–00173–4) ...... 8.00 Oct. 1, 1998 1–299 ...... (869–034–00123–8) ...... 27.00 July 1, 1998 90–139 ...... (869–034–00174–2) ...... 26.00 Oct. 1, 1998 300–399 ...... (869–034–00124–6) ...... 25.00 July 1, 1998 140–155 ...... (869–032–00174–0) ...... 15.00 Oct. 1, 1997 400–End ...... (869–034–00125–4) ...... 44.00 July 1, 1998 156–165 ...... (869–032–00175–8) ...... 20.00 Oct. 1, 1997 35 ...... (869–034–00126–2) ...... 14.00 July 1, 1998 166–199 ...... (869–032–00176–6) ...... 26.00 Oct. 1, 1997 200–499 ...... (869–034–00178–5) ...... 22.00 Oct. 1, 1998 36 Parts 500–End ...... (869–034–00179–3) ...... 16.00 Oct. 1, 1998 1–199 ...... (869–034–00127–1) ...... 20.00 July 1, 1998 200–299 ...... (869–034–00128–9) ...... 21.00 July 1, 1998 47 Parts: 300–End ...... (869–034–00129–7) ...... 35.00 July 1, 1998 0–19 ...... (869–034–00180–7) ...... 36.00 Oct. 1, 1998 20–39 ...... (869–034–00181–5) ...... 27.00 Oct. 1, 1998 37 (869–034–00130–1) ...... 27.00 July 1, 1998 40–69 ...... (869–032–00181–2) ...... 23.00 Oct. 1, 1997 38 Parts: 70–79 ...... (869–032–00182–1) ...... 33.00 Oct. 1, 1997 0–17 ...... (869–034–00131–9) ...... 34.00 July 1, 1998 *80–End ...... (869–034–00184–0) ...... 40.00 Oct. 1, 1998 18–End ...... (869–034–00132–7) ...... 39.00 July 1, 1998 48 Chapters: 39 ...... (869–034–00133–5) ...... 23.00 July 1, 1998 1 (Parts 1–51) ...... (869–034–00185–8) ...... 51.00 Oct. 1, 1998 1 (Parts 52–99) ...... (869–034–00186–6) ...... 29.00 Oct. 1, 1998 40 Parts: 2 (Parts 201–299) ...... (869–032–00186–3) ...... 35.00 Oct. 1, 1997 1–49 ...... (869–034–00134–3) ...... 31.00 July 1, 1998 3–6 ...... (869–034–00188–2) ...... 29.00 Oct. 1, 1998 50–51 ...... (869–034–00135–1) ...... 24.00 July 1, 1998 7–14 ...... (869–034–00189–1) ...... 32.00 Oct. 1, 1998 52 (52.01–52.1018) ...... (869–034–00136–0) ...... 28.00 July 1, 1998 15–28 ...... (869–032–00189–8) ...... 33.00 Oct. 1, 1997 52 (52.1019–End) ...... (869–034–00137–8) ...... 33.00 July 1, 1998 *29–End ...... (869–034–00191–2) ...... 24.00 Oct. 1, 1998 53–59 ...... (869–034–00138–6) ...... 17.00 July 1, 1998 60 ...... (869–034–00139–4) ...... 53.00 July 1, 1998 49 Parts: 61–62 ...... (869–034–00140–8) ...... 18.00 July 1, 1998 1–99 ...... (869–034–00192–1) ...... 31.00 Oct. 1, 1998 63 ...... (869–034–00141–6) ...... 57.00 July 1, 1998 100–185 ...... (869–032–00192–8) ...... 50.00 Oct. 1, 1997 64–71 ...... (869–034–00142–4) ...... 11.00 July 1, 1998 *186–199 ...... (869–034–00194–7) ...... 11.00 Oct. 1, 1998 72–80 ...... (869–034–00143–2) ...... 36.00 July 1, 1998 200–399 ...... (869–032–00194–4) ...... 43.00 Oct. 1, 1997 81–85 ...... (869–034–00144–1) ...... 31.00 July 1, 1998 400–999 ...... (869–032–00195–2) ...... 49.00 Oct. 1, 1997 86 ...... (869–034–00144–9) ...... 53.00 July 1, 1998 1000–1199 ...... (869–034–00197–1) ...... 17.00 Oct. 1, 1998 87-135 ...... (869–034–00146–7) ...... 47.00 July 1, 1998 1200–End ...... (869–032–00197–9) ...... 14.00 Oct. 1, 1997 136–149 ...... (869–034–00147–5) ...... 37.00 July 1, 1998 50 Parts: 150–189 ...... (869–034–00148–3) ...... 34.00 July 1, 1998 1–199 ...... (869–032–00198–7) ...... 41.00 Oct. 1, 1997 190–259 ...... (869–034–00149–1) ...... 23.00 July 1, 1998 200–599 ...... (869–034–00200–5) ...... 22.00 Oct. 1, 1998 260–265 ...... (869–034–00150–9) ...... 29.00 July 1, 1998 600–End ...... (869–032–00200–2) ...... 29.00 Oct. 1, 1997 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Reader Aids vii

Title Stock Number Price Revision Date CFR Index and Findings Aids ...... (869–034–00049–6) ...... 46.00 Jan. 1, 1998 Complete 1998 CFR set ...... 951.00 1998 Microfiche CFR Edition: Subscription (mailed as issued) ...... 247.00 1998 Individual copies ...... 1.00 1998 Complete set (one-time mailing) ...... 247.00 1997 Complete set (one-time mailing) ...... 264.00 1996 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period July 1, 1997 to June 30, 1998. The volume issued July 1, 1997, should be retained. 5 No amendments to this volume were promulgated during the period January 1, 1997 through December 31, 1997. The CFR volume issued as of January 1, 1997 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 1997, through April 1, 1998. The CFR volume issued as of April 1, 1997, should be retained.