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2 III

Contents Federal Register Vol. 63, No. 56

Tuesday, March 24, 1998

Agricultural Marketing Service Individuals with disabilities— RULES Independent living services for older individuals who Cherries (tart) grown in— are blind, 14075–14076 Michigan et al., 14021–14024 National Institute on Disability and Rehabilitation Research— Agriculture Department Rehabilitation engineering research centers program, See Agricultural Marketing Service 14250–14252 See Forest Service Employment and Training Administration Army Department NOTICES See Engineers Corps Agency information collection activities: NOTICES Proposed collection; comment request, 14138–14139 Environmental statements; availability, etc.: Aberdeen Proving Ground, MD; mustard agent Energy Department neutralization/biotreatment; pilot testing, 14073– See Federal Energy Regulatory Commission 14074 See Southeastern Power Administration Meetings: Science Board, 14074 Engineers Corps NOTICES Centers for Disease Control and Prevention Environmental statements; notice of intent: NOTICES New York and New Jersey Harbor navigation study, Meetings: 14074–14075 National Vaccine Advisory Committee, 14120 Environmental Protection Agency Coast Guard PROPOSED RULES RULES Air pollutants, hazardous; national emission standards: Drawbridge operations: Portland cement manufacturing industry, 14182–14248 Louisiana, 14037 NOTICES Regattas and marine parades: Clean Air Act: Safety at Sea Seminar, 14036–14037 Great Waters; hazardous air pollutants; legal authorities PROPOSED RULES and mandates adequacy to prevent serious public Regattas and marine parades: health and environmental effects, 14090–14109 River Race Augusta, 14057–14058 NOTICES Clean Water Act: Meetings: Clean water action plan; availability, 14109–14112 Houston/Galveston Navigation Safety Advisory Meetings: Committee, 14170–14171 Science Advisory Board, 14112–14113 Towing Safety Advisory Committee, 14171 Pesticide registration, cancellation, etc.: Agrium U.S. Inc. et al., 14114–14115 Commerce Department BioSafe Systems Inc., 14113–14114 See Export Administration Bureau Superfund program: See International Trade Administration Risk Assessment Guidance for Superfund; Volume I, Part See National Oceanic and Atmospheric Administration D availability, 14115–14117 Committee for the Implementation of Textile Agreements Executive Office of the President NOTICES See Presidential Documents Special access and special regime programs; participation denial: Export Administration Bureau Caribbean Basin countries, 14071–14072 RULES Export licensing: Defense Department Commerce control list— See Army Department Australia Group; precursors for chemical weapons See Engineers Corps agents; solvent free basis calculation requirement NOTICES and trace quantity exemption removed, 14028– Committees; establishment, renewal, termination, etc.: 14030 Air University Board of Visitors et al., 14072 Meetings: Federal Aviation Administration Women in Services Advisory Committee, 14072–14073 RULES Airworthiness directives: Education Department Bell, 14026–14028 NOTICES PROPOSED RULES Grants and cooperative agreements; availability, etc.: Airworthiness directives: 21st century community learning centers program, 14075 Airbus, 14044–14047 IV Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Contents

Industrie Aeronautiche e Meccaniche, 14049–14051 Fiscal Service Maule Aerospace Technology Corp., 14051–14055 NOTICES McDonnell Douglas, 14047–14049 Surety companies acceptable on Federal bonds: Pilatus Aircraft Ltd., 14043–14044 AXA Global Risks US Insurance Co., 14175 Pratt & Whitney, 14055–14057 Heart of America Fire & Casualty Co., 14175 NOTICES Service Insurance Co., 14175–14176 Meetings: Aviation Rulemaking Advisory Committee, 14171–14172 Fish and Wildlife Service PROPOSED RULES Federal Communications Commission Endangered and threatened species: RULES Colorado butterfly plant, 14060–14065 Radio services, special: NOTICES Fixed microwave services— Endangered and threatened species: Common carrier and private operational fixed Recovery plans— microwave services; conditional authorization San Mateo thornmint, etc. (San Francisco Bay Area, authority; correction, 14039 CA, serpentine soil species), 14129–14130 Local multipoint distribution service; 28 GHz and 31 GHz bands use; correction, 14039 Food and Drug Administration RULES Federal Emergency Management Agency Administrative practice and procedure: NOTICES Association of Official Analytical Chemists International; Disaster and emergency areas: name and address change, 14035 Alabama, 14117 Animal drugs, feeds, and related products: Florida, 14117 Monensin, 14035 Georgia, 14117–14119 New drug applications— Moxidectin, 14035–14036 Federal Energy Regulatory Commission NOTICES Forest Service Electric rate and corporate regulation filings: NOTICES California Independent System Operator Corp. et al., Environmental statements; notice of intent: 14085–14087 Targhee National Forest, ID et al., 14066 Applications, hearings, determinations, etc.: Banks Oil Co., 14076 Government Printing Office Cabot Oil & Gas Corp., 14076–14077 Clear Creek Storage Co., L.L.C., 14077–14078 NOTICES Devon Energy Corp., 14078 Meetings: Equitrans, L.P., 14078–14079 Depository Library Council, 14119–14120 Helzel, Leo, 14079 Kaiser-Francis Oil Co., 14079 Health and Human Services Department LeBosquet, John W., 14079–14080 See Centers for Disease Control and Prevention Midgard Energy Co., 14080–14081 See Food and Drug Administration Mississippi River Transmission Corp., 14081 See Health Resources and Services Administration National Fuel Gas Supply Corp., 14081 See National Institutes of Health Panhandle Eastern Pipe Line Co., 14081 See Substance Abuse and Mental Health Services Pioneer Natural Resources USA, Inc., 14081–14082 Administration Riveria Drilling & Exploration Co., 14082–14083 Schwarzhoff, Dale, 14083 Health Resources and Services Administration Tekas Pipeline L.L.C., 14083–14084 PROPOSED RULES Thornbrough, Albert A., 14084–14085 National practitioner data bank: Williams Gas Pipelines Central, Inc., 14085 Self-queries; charge, 14059–14060 NOTICES Federal Reserve System Competitive comprehensive grants preview (1998 FY); NOTICES availability; correction, 14121 Banks and bank holding companies: Privacy Act: Formations, acquisitions, and mergers, 14119 Systems of records, 14121–14126 Formations, acquisitions, and mergers; correction, 14119 Meetings; Sunshine Act, 14119 Indian Affairs Bureau NOTICES Federal Trade Commission Indian tribes, acknowledgment of existence determinations, RULES etc.: Appliances, consumer; energy consumption and water use Nehantic Tribe and Nation, Inc., 14130 information in labeling and advertising: Comparability ranges— Interior Department Refrigerators, refrigerator-freezers, and freezers, 14034– See Fish and Wildlife Service 14035 See Indian Affairs Bureau See Land Management Bureau Financial Management Service See Minerals Management Service See Fiscal Service See National Park Service Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Contents V

International Trade Administration Meetings: NOTICES International Commission for Conservation of Atlantic Antidumping: Tunas, U.S. Section Advisory Committee, 14068 Stainless steel wire rod from— Mid-Atlantic Fishery Management Council, 14068–14069 Japan, 14066–14067 New England Fishery Management Council, 14069 Permits: Labor Department Endangered and threatened species, 14069–14071 See Employment and Training Administration See Occupational Safety and Health Administration National Park Service NOTICES Land Management Bureau Agency information collection activities: NOTICES Proposed collection; comment request, 14134–14135 Realty actions; sales, leases, etc.: Submission for OMB review; comment request, 14135 Nevada, 14131 Concession contract negotiations: Yosemite National Park, CA; photographic and art studio Legal Services Corporation operation, 14135–14136 NOTICES Meetings: Meetings; Sunshine Act, 14140–14141 Gates of Arctic National Park and Preserve Subsistence Resource Commission, 14136 Minerals Management Service Maine Acadian Culture Preservation Commission, 14136 PROPOSED RULES Trail of Tears National Historic Trail Advisory Council, Royalty management: 14136–14137 Oil valuation; Federal leases and Federal royalty oil sale, Native American human remains and associated funerary 14057 objects: NOTICES Arizona State Museum, University of Arizona, AZ; Royalty management: Lightning Way paraphernalia, 14137 Phosphate production on western public lands; royalty Plimoth Plantation, Inc., MA; inventory, 14137–14138 computation, 14131–14134 Robert S. Peabody Museum of Archaeology, MA; buffalo hide clan mask, 14138 National Aeronautics and Space Administration RULES National Science Foundation Acquisition regulations: NOTICES Alternative dispute resolution, 14041 Antarctic Conservation Act of 1978; permit applications, Contract financing, 14039–14041 etc., 14142 NOTICES Inventions, Government-owned; availability for licensing, Northeast Dairy Compact Commission 14141 NOTICES Meetings, 14142 National Archives and Records Administration NOTICES Nuclear Regulatory Commission Meetings: NOTICES Electronic Records Work Group, 14141–14142 Meetings; Sunshine Act, 14145 Applications, hearings, determinations, etc.: National Credit Union Administration Duquesne Light Co., 14142–14144 RULES Credit unions: Occupational Safety and Health Administration Federal credit unions acting as trustees and custodians of NOTICES pension and retirement plans, 14025–14026 Meetings: Construction Safety and Health Advisory Committee, National Institutes of Health 14139–14140 NOTICES Meetings: Personnel Management Office National Cancer Institute, 14127 NOTICES National Heart, Lung, and Blood Institute, 14127–14128 Personnel management demonstration projects: National Institute of Diabetes and Digestive and Kidney Defense Department; civilian acquisition workforce Diseases, 14128 project, 14254–14327 Scientific Review Center special emphasis panels, 14128– 14129 Presidential Documents ADMINISTRATIVE ORDERS National Oceanic and Atmospheric Administration Jordan; military drawdown (Presidential Determination No. RULES 98–19 of March 13, 1998), 14019 Fishery conservation and management: Atlantic billfishes, 14030–14034 Public Debt Bureau Atlantic coastal fisheries— See Fiscal Service American lobster; correction, 14042 NOTICES Public Health Service Agency information collection activities: See Centers for Disease Control and Prevention Proposed collection; comment request, 14067–14068 See Food and Drug Administration VI Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Contents

See Health Resources and Services Administration Surface Transportation Board See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Railroad operation, acquisition, construction, etc.: Administration Consolidated Rail Corp., 14173 Ventura County Transportation Commission, 14173 Research and Special Programs Administration Railroad services abandonment: RULES Union Pacific Railroad Co., 14173–14174 Pipeline safety: Drug use and alcohol misuse control in natural gas, Textile Agreements Implementation Committee liquefied natural gas, and hazardous liquid pipeline See Committee for the Implementation of Textile operations; effective date, 14041 Agreements NOTICES Pipeline Risk Management Demonstration Program: Transportation Department Participants— See Coast Guard Shell Pipe Line Corp., 14172–14173 See Federal Aviation Administration See Research and Special Programs Administration Securities and Exchange Commission See Surface Transportation Board NOTICES NOTICES Self-regulatory organizations; proposed rule changes: Agency information collection activities: American Stock Exchange, Inc., 14145–14146 Submission for OMB review; comment request, 14169– Chicago Board Options Exchange, Inc., 14146–14153 14170 Chicago Stock Exchange, Inc., 14153–14160 Municipal Securities Rulemaking Board, 14160–14162 Treasury Department Pacific Exchange, Inc., 14162–14163 See Fiscal Service NOTICES Small Business Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 14174– Disaster loan areas: 14175 Alabama, 14163 California, 14163–14164 Veterans Affairs Department Florida, 14164 RULES Mississippi et al., 14164 Vocational rehabilitation and education: South Carolina et al., 14164 Veterans education— Texas, 14165 Educational assistance; reduction in required reports, 14037–14039 Social Security Administration NOTICES NOTICES Agency information collection activities: Privacy Act: Proposed collection; comment request, 14176–14180 Systems of records, 14165–14169

Southeastern Power Administration Separate Parts In This Issue NOTICES Power rates: Part II Georgia-Alabama-South Carolina System of Projects, 14087–14090 Environmental Protection Agency, 14182–14248

State Department Part III NOTICES Department of Education, 14250–14252 Meetings: International Telecommunications Advisory Committee, Part IV 14169 Personnel Management Office, 14254–14327

Substance Abuse and Mental Health Services Administration Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, reminders, SAMHSA special emphasis panels, 14129 and notice of recently enacted public laws. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Presidential Derterminations: No. 98±19 of March 13, 1998 ...... 14019 7 CFR 930...... 14021 12 CFR 701...... 14025 724...... 14025 14 CFR 39...... 14026 Proposed Rules: 39 (6 documents) ...... 14043, 14044, 14047, 14049, 14051, 14055 15 CFR 770...... 14028 774...... 14028 902...... 14030 16 CFR 305...... 14034 21 CFR Ch. 1 ...... 14035 524...... 14035 528...... 14035 556...... 14035 30 CFR Proposed Rules: 206...... 14057 33 CFR 100...... 14036 117...... 14037 Proposed Rules: 100...... 14057 38 CFR 21...... 14037 40 CFR Proposed Rules: 63...... 14182 45 CFR Proposed Rules: 60...... 14059 47 CFR 101 (2 documents) ...... 14039 48 CFR 1832...... 14039 1833...... 14041 1852...... 14039 49 CFR 199...... 14041 50 CFR 644...... 14030 697...... 14042 Proposed Rules: 17...... 14060 14019

Federal Register Presidential Documents Vol. 63, No. 56

Tuesday, March 24, 1998

Title 3— Presidential Determination No. 98–19 of March 13, 1998

The President Military Drawdown for Jordan

Memorandum for the Secretary of State [and] the Secretary of Defense

Pursuant to the authority vested in me by the laws and Constitution of the United States, including Title III (Military Assistance) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law 105–118) (‘‘Title III’’), I hereby direct the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training of an aggregate value of $25,000,000 under the authority of the fifth proviso under the heading ‘‘Foreign Military Financing Program’’ in Title III for Jordan for the purposes of part II of the Foreign Assistance Act of 1961. The Secretary of State is authorized and directed to report this determination to the Congress and to publish it in the Federal Register. œ–

THE WHITE HOUSE, Washington, March 13, 1998. [FR Doc. 98–7802 Filed 3–23–98; 8:45 am] Billing code 4710–10–M 14021

Rules and Regulations Federal Register Vol. 63, No. 56

Tuesday, March 24, 1998

This section of the FEDERAL REGISTER Specialist, or Kenneth G. Johnson, petition. The Act provides that the contains regulatory documents having general Regional Manager, DC Marketing Field district court of the United States in any applicability and legal effect, most of which Office, Marketing Order Administration district in which the handler is an are keyed to and codified in the Code of Branch, Fruit and Vegetable Programs, inhabitant, or has his or her principal Federal Regulations, which is published under AMS, USDA, P.O. Box 96456, room place of business, has jurisdiction to 50 titles pursuant to 44 U.S.C. 1510. 2525–S, Washington, DC 20090–6456; review the Secretary’s ruling on the The Code of Federal Regulations is sold by telephone:(202) 720–2491, Fax: (202) petition, provided an action is filed not the Superintendent of Documents. Prices of 205–6632. Small businesses may request later than 20 days after the date of the new books are listed in the first FEDERAL information on compliance with this entry of the ruling. REGISTER issue of each week. regulation by contacting Jay Guerber, The tart cherry marketing order in Marketing Order Administration section 930.31 provides that one of the Branch, Fruit and Vegetable Programs, duties of the Board is to submit to the DEPARTMENT OF AGRICULTURE AMS, USDA, P.O. Box 96456, room Secretary a budget for each fiscal period, 2525–S, Washington, DC 20090–6456; prior to the beginning of such period, Agricultural Marketing Service telephone: (202) 720–2491, Fax: (202) including a report explaining the items 7 CFR Part 930 205–6632. appearing therein and a SUPPLEMENTARY INFORMATION: This rule recommendation as to the rates of [Docket No. FV97±930±1 FIR] is issued under Marketing Agreement assessments for such period. The recommendations concerning the Tart Cherries Grown in the States of and Order No. 930 (7 CFR part 930), proposed assessment rate are discussed Michigan, New York, Pennsylvania, regulating the handling of tart cherries in a public meeting. Thus, all directly Oregon, Utah, Washington, and grown in the States of Michigan, New affected persons have an opportunity to Wisconsin; Assessment Rate and York, Pennsylvania, Oregon, Utah, participate and provide input. Establishment of Late Payment and Washington, and Wisconsin, hereinafter At its meeting on January 8 and 9, Interest Charges on Delinquent referred to as the ‘‘order.’’ The 1997, the Board unanimously Assessments marketing agreement and order are effective under the Agricultural recommended expenditures of AGENCY: Agricultural Marketing Service, Marketing Agreement Act of 1937, as $650,000, and an assessment rate of USDA. amended (7 U.S.C. 601–674), hereinafter $0.0025 per pound of tart cherries ACTION: Final rule. referred to as the ‘‘Act.’’ handled during the 1997–1998 crop year The Department of Agriculture and subsequent crop years. The SUMMARY: The Department of (Department) is issuing this rule in recommended expenditure figure covers Agriculture (Department) is adopting, as conformance with Executive Order expenses for the 1997–98 fiscal period, a final rule, with modifications, the 12866. as well as expenses incurred in provisions of an interim final rule that This rule has been reviewed under connection with the start-up of the established an assessment rate for the Executive Order 12988, Civil Justice program beginning on January 1, 1997, 1997–98 and subsequent fiscal periods Reform. Under the marketing order now when the first public meeting of the to cover expenses incurred by the in effect, tart cherry handlers are subject newly formed Board took place. The tart Cherry Industry Administrative Board to assessments. Funds to administer the cherry marketing order became effective (Board) under Marketing Order No. 930. order are derived from such on September 25, 1996. The Department That rule also established an interest assessments. It is intended that the has approved the Board’s 1997–98 rate and late payment charge on assessment rate as issued herein will be budget of expenses. delinquent assessments owed by applicable to all assessable tart cherries The Board assessed handlers after the handlers under the tart cherry marketing beginning July 1, 1997, and continuing effective date of the interim final rule order. The Board is responsible for local until amended, suspended, or concerning assessments, and all administration of the marketing order. terminated. This rule will not preempt assessments were due to the Board Authorization to assess tart cherry any State or local laws, regulations, or office by November 30, 1997, for this handlers will enable the Board to incur policies, unless they present an season only. Future assessment expenses that are reasonable and irreconcilable conflict with this rule. payments will be due to the Board office necessary to administer the program. The Act provides that administrative by October 1 of each crop year. Major The interest rate and late payment proceedings must be exhausted before expenditures recommended by the charges will contribute to the efficient parties may file suit in court. Under Board for the 1997–98 fiscal period, operation of the program by ensuring section 608c(15)(A) of the Act, any ending June 30, 1998, and expenditures adequate funds are available to cover handler subject to an order may file for the prior six months, are $25,000 for budgeted expenses incurred under the with the Secretary a petition stating that interest, $175,000 for Board meeting marketing order. The 1997–98 fiscal the order, any provision of the order, or expenses, $150,000 for salaries, period covers the period July 1, through any obligation imposed in connection $100,000 for administration, and June 30. The assessment rate will with the order is not in accordance with $200,000 for compliance. For the six remain in effect indefinitely unless law and request a modification of the month period from January 1, 1997, modified, suspended, or terminated. order or to be exempted therefrom. Such through June 30, 1997, the expenses EFFECTIVE DATE: April 23, 1998. handler is afforded the opportunity for were $59,000. FOR FURTHER INFORMATION CONTACT: a hearing on the petition. After the The order provides that when an Patricia A. Petrella, Marketing hearing the Secretary would rule on the assessment rate based on the number of 14022 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations pounds of cherries handled is Section 930.41 also provides that if a assessments on time, and will established it should provide for handler does not pay an assessment contribute to the efficient differences in relative market values for within the time prescribed by the Board, administration of the program. various cherry products. The discussion the assessment may be made subject to In its deliberations, the Board of this provision in the order an interest or late payment charge, or discussed lower rates when promulgation record indicates that both. recommending the interest rate and late proponents testified that cherries This final rule continues an interest payment charge but decided that utilized in high value products such as rate of 1 percent per month and a late prompt payment of assessments by frozen, canned, or dried cherries should payment charge equal to 10 percent of handlers was crucial to the operation of be assessed one rate while cherries used the unpaid balance of the assessment the program. Therefore, the Board to make low value products such as amount due. The interest rate will be recommended an interest rate and late juice concentrate or puree should be applied to any assessment not paid by payment charge deemed to be sufficient assessed at one half that rate. the October 1 due date. For the 1997– to serve as an incentive to handlers to This rule continues an assessment 98 crop year only, the assessment due be prompt with their payment of rate for the 1997–98 and subsequent date was November 30. Any interest assessments. fiscal periods at $0.0025 per pound of charge for late assessment payments A proposed rule concerning this tart cherries used in the production of accrued 30 days after the November 30 action was published in the Federal tart cherry products other than juice, due date and any late fee accrued 90 Register on July 3, 1997 (62 FR 36020). juice concentrate and puree, and days after that date. The late payment An interim final rule was issued by the $0.00125 per pound for cherries used fees on an unpaid assessment balance Department on October 17, 1997, and for juice, juice concentrate and puree. by a handler will be assessed 90 days published in the Federal Register on The Department inadvertently stated in after the October 1 due date for future Thursday, October 23, 1997 (62 FR the preamble of the interim final rule seasons. 55146). The rule addressed the and in the regulatory text itself that the Section 930.41(a) of the marketing comments concerning the proposed rule assessment rate for cherries used for order provides for the payment by and was made available through the juice, juice concentrate and puree shall handlers of a pro-rata share of the cost Internet by the Office of the Federal be $0.0125. Such rate should be one half of administering the program under the Register. A 60-day comment period, of $0.0025 which is $0.00125. Such order. The payment is in the form of a which ended on December 22, 1997, error has been corrected in this rule. uniform assessment rate applied to each was provided to allow interested Data from the National Agricultural handler’s cherry acquisitions. In persons to respond to a modification of Statistics Service (NASS) states that for addition, section 930.41(f) provides that the proposed rule. The modification 1996, tart cherry utilization for juice, assessments will be calculated on the provided a different rate of assessment wine or brined uses was 8.0 million basis of pounds handled provided that for cherries used for juice, juice pounds for all districts covered under the formula adopted by the Board and concentrate, or puree. the marketing order. The total processed approved by the Secretary for One comment was received during amount of tart cherries for the 1996 crop determining the rate of assessment will the comment period in response to the year was 256.1 million pounds. Juice, compensate for differences in the interim final rule. That comment is wine, or brined represents about 3 number of pounds of cherries utilized discussed later in this rule. percent of the total processed crop. Data for various cherry products and the The Regulatory Flexibility Act and for this season (1997–98) is not available relative market values of such cherry Effects on Small Businesses at this time. However, based on the data products. from the previous season, it seems that Assessments are the main source of The Agricultural Marketing Service juice, juice concentrate and puree funds to pay Board expenses. The (AMS) has considered the economic represent a very small percentage of the failure of handlers to pay assessment impact of this action on small entities crop. Therefore, a reduced assessment obligations promptly results in added and has prepared this final regulatory rate for cherries used in such products expense and operational problems for flexibility analysis. The Regulatory should have an insignificant effect on the Board. Authority was placed in the Flexibility Act (RFA) would allow AMS the monies collected for assessments order to levy interest and late payment to certify that regulations do not have a this season. charges on delinquent assessments. The significant economic impact on a The assessment rate recommended by interest rate and late payment charges in substantial number of small entities. the Board was derived by dividing this final rule are similar to those However, as a matter of general policy, anticipated expenses by expected established under other marketing AMS’ Fruit and Vegetable Programs shipments of tart cherries. Tart cherry orders. In collecting delinquent (Programs) no longer opt for such shipments for the 1997–98 crop year assessments, the Board would incur the certification, but rather perform were estimated at 260 million pounds added expense of sending out additional regulatory flexibility analyses for any and were projected to provide $650,000 invoices and contacting each delinquent rulemaking that would generate the in assessment income which, along with handler by phone, in person, or by fax. interest of a significant number of small interest income, should have been Nonpayment or late payment of entities. Performing such analyses shifts adequate to cover budgeted expenses. At assessments hampers the operation of the Programs’ efforts from determining this time, actual production figures are the Board. whether regulatory flexibility analyses available. Crop production for the 1997– Any amount paid by the handler will are required to the consideration of 98 season is now projected at be credited upon receipt in the Board regulatory options and economic 278,989,653 pounds. Assessment office. Interest and late payment charges impacts. income, based on this crop, will be will provide incentive for handlers to The purpose of the RFA is to fit adequate to cover this year’s expenses. remit assessments in a timely manner, regulatory actions to the scale of Funds in any reserve will be kept within with the intent of creating a fair and business subject to such actions in order the current approximately one year’s equitable process among all industry that the small businesses will not be operational expenses permitted by the handlers. They will not impose any unduly or disproportionately burdened. order (§ 930.42(a)). costs on handlers who pay their Marketing orders issued pursuant to the Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14023

Act, and the rules issued thereunder, are be prompt with their payment of assessments on time, which will unique in that they are brought about assessments. improve compliance with the order. It through group action of essentially Major expenditures recommended for should help minimize actions taken small entities acting on their own the 18-month period ending in June 30, against handlers who fail to pay behalf. Thus, both statutes have small 1998, include $25,000 for interest, assessments on time through entity orientation and compatibility. $175,000 for Board meeting expenses, administrative remedies or the Federal There are approximately 1,220 $150,000 for salaries, $100,000 for courts. This final rule will remove any producers of tart cherries in the administration, and $200,000 for economic advantage gained by those production area and approximately 40 program compliance. The $200,000 for handlers who do not pay on time, thus handlers subject to regulation under the compliance was deemed necessary in helping to ensure a program that is marketing order. Small agricultural the event volume control regulations are equitable to all. This is also consistent producers have been defined by the implemented during the 1997–98 with standard business practices. Small Business Administration (13 CFR season. The Board discussed setting an While this final rule will impose some 121.601) as those having annual receipts assessment rate that would allow for costs on handlers, the costs are in the less than $500,000, and small sufficient operation of a volume control form of uniform assessments on all agricultural service firms are defined as program for the upcoming season. With handlers. Some of the additional costs those whose annual receipts are less regards to alternatives, this rate may be may be passed on to producers. than $5,000,000. The majority of tart adjusted by the Secretary, if necessary. However, these costs will be offset by cherry producers and handlers may be Accordingly, the Department believes the benefits derived by the operation of classified as small entities. that since the assessments are necessary the marketing order. This rule continues an assessment to make funds available to cover the This final rule will not impose any rate for the 1997–98 and subsequent initial costs of implementing the new additional reporting or recordkeeping fiscal periods to cover expenses of the order, including operation of a volume requirements on either small or large Board at $0.0025 per pound of tart control program for this season, the tart cherry handlers. As with all Federal cherries used in the production of tart assessment rate will be as recommended marketing order programs, reports and cherry products other than juice, juice by the Board, and modified by the forms are periodically reviewed to concentrate and puree, and $0.00125 Department. reduce information requirements and per pound for cherries used in the This action will not impose any duplication by industry and public production of juice, juice concentrate additional reporting or recordkeeping sector agencies. The Department has not and puree. on either small or large tart cherry identified any relevant Federal rules The Board unanimously handlers. As with all Federal marketing that duplicate, overlap, or conflict with recommended expenditures of $650,000 order programs, reports and forms are this final rule. In addition, the Board’s for expenses incurred during the 1997– periodically reviewed to reduce meeting was widely publicized 98 fiscal period as well as for those information requirements and throughout the tart cherry industry and incurred during the start-up period duplication by industry and public all interested persons were invited to beginning January 1, 1997. From sector agencies. The forms for the attend the meeting and participate in January 1, 1997, through June 30, 1997, operation of the order have been Board deliberations on all issues. Like the expenses for this six month period previously approved by the Office of all Board meetings, the January 8 and 9, was $59,000. The expenses for the Management and Budget (OMB) and 1997, meeting was a public meeting and 1997–98 fiscal period are projected at have been assigned OMB No. 0581– all entities, both large and small, were $591,000. Tart cherry shipments for the 0177. able to express views on these issues. year were estimated at 260 million The interest and late payment charges Finally, interested persons were invited pounds, which would have provided were also discussed at a public meeting. to submit information on the regulatory $650,000 in assessment income The Board believes the interest charge is and informational impacts of this final (260,000,000 pounds at $0.0025 per reasonable. The late payment charge is rule on small businesses, and none were pound) and would have been adequate high enough to discourage late received on this issue. to cover this year’s expenses. At this payments and encourage the timely The Board discussed alternatives time, actual production figures are payment of assessments by handlers. when recommending the interest rate available. Crop production for the 1997– This final rule continues to provide and late payment charge. The Board 98 season is 278,989,653 pounds, an incentive for handlers to remit discussed lower rates, but decided that which, even with the reduced assessments in a timely manner, with prompt payment of assessments by assessment rate for cherries used in the intent of creating a fair and equitable handlers is crucial to the operation of juice, juice concentrate, and puree, will process among all industry handlers. It the program. Therefore, the Board provide adequate assessment income to will not impose any costs on handlers recommended an interest rate and late cover this year’s expenses. Funds in any who pay their assessments on time, and payment charge deemed to be sufficient reserve will be kept within the current will contribute to the efficient to serve as an incentive to handlers to approximately one year’s operational administration of the program. be prompt with their payment of expenses permitted by the order Handlers who do not pay their assessments. The assessment rate, (§ 930.42(a)). assessments on time would be able to interest rate and late payment charge The Board discussed alternatives reap the benefits of Board programs at established in this final rule will when recommending the interest rate the expense of others. In addition, they continue in effect indefinitely unless and late payment charge. The Board would be able to utilize funds for their modified, suspended, or terminated by discussed lower rates, but decided that own use that will otherwise be paid to the Secretary upon recommendation prompt payment of assessments by the Board to finance Board programs. In and information submitted by the Board handlers is crucial to the operation of effect, this would provide handlers with or other available information. the program. Therefore, the Board an interest free loan. Although the assessment rate, interest recommended an interest rate and late Continuation of the interest and late rate and late payment charge will be payment charge deemed to be sufficient payment charges will provide an effective for an indefinite period, the to serve as an incentive to handlers to incentive for handlers to pay Board will continue to meet prior to or 14024 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations during each fiscal period to recommend high and low value fruit is no longer List of Subjects in 7 CFR Part 930 a budget of expenses and consider relevant and it is improper and Marketing agreements, Reporting and recommendations for modification of inconsistent for the Department to rely recordkeeping requirements, Tart the assessment and interest rates and on such testimony to require a dual cherries. late payment charge. The dates and assessment rate. times of Board meetings are available Accordingly, the interim final rule The Department issued the rule to from the Board or the Department. amending 7 CFR part 930 which was reflect the intent of § 930.41 of the order Board meetings are open to the public published at 62 FR 55146 on October and interested persons may express which states that assessments will be 23, 1997, is adopted as a final rule with their views at these meetings. The calculated on the basis of pounds of the following changes: Department will evaluate Board cherries handled. The order further recommendations and other available states that the formula adopted by the PART 930ÐTART CHERRIES GROWN information to determine whether Board and approved by the Secretary for IN THE STATES OF MICHIGAN, NEW modification of the assessment or determining the rate of assessment will YORK, PENNSYLVANIA, OREGON, interest rates or late payment charge is compensate for differences in the UTAH, WASHINGTON, AND needed. Further rulemaking would be number of pounds of cherries utilized WISCONSIN for various cherry products and the undertaken as necessary. The Board’s 1. The authority citation for 7 CFR relative market values of such cherry 1997–98 budget has already been Part 930 continues to read as follows: approved by the Department to allow products. The proponents of the order the Board to expend funds that they testified during promulgation of the Authority: 7 U.S.C. 601–674. have borrowed. Budgets for subsequent order that there should be different 2. Section 930.141 is amended by fiscal periods will be reviewed and, as assessment rates by providing exhibits revising paragraph (a) and by removing appropriate, approved by the of how such assessment rates would and reserving paragaph (b) to read as Department. work based on the relative market value follows: One comment concerning the interim of products. Therefore, this part of the final rule was received. The commenter comment is denied. § 930.141 Delinquent assessments. urged the Department to not assess The commenter also stated that no (a) Pursuant to § 930.41, the Board cherries used in juice, juice concentrate, grace period was recommended under shall impose an interest charge on any or puree at a different rate. The the interest and late payment charge handler whose assessment payment has commenter stated that the Board not been received by October 1 of each provision. The Department included a considered the differences in the crop year. The interest rate shall be a 30-day grace period which would allow number of pounds of cherries utilized rate of one percent per month and shall assessments due on October 1 to be paid for various cherry products and the be applied to the unpaid assessment as late as October 31 without incurring relative market value of such cherry balance not paid by the October 1 due interest and late payment charges. The products in its recommendation. The date. In addition to the interest charge, commenter stated that handlers’ Board unanimously recommended that the Board shall impose a late payment because raw product values for the past financial officers would clearly take charge on any handler whose years have been relatively equal for advantage of this 30-day grace period assessment payment has not been most product uses the assessments and not pay assessments until October received within 90 days from the due should be based on a single assessment 31. However, the Board’s period of date of October 1. The late payment rate for all raw products delivered. The heaviest expense is the summer months charge shall be 10 percent of the unpaid commenter also stated that the Board when harvest is underway and balance. considered the appropriate factors when compliance activities are at their peak. 3. Section 930.200 is revised to read it needed to consider the recommended If reserves are not available, the Board as follows: assessment rate, and recommended that would have to borrow money to operate. a dual assessment rate should not be It is therefore important that § 930.200 Handler assessment rate. imposed. assessments be paid on the October 1 On and after the effective date of this The commenter further stated that the date as recommended by the Board. rule, the assessment rate imposed on proponent’s original proposal for a tart Based on this comment, the handlers shall be $0.0025 per pound of cherry marketing order contained Department is modifying the date when cherries handled for tart cherries grown provisions for storage assessments. the interest rate begins to accrue by in the production area and utilized in According to the commenter, the excluding the 30-day grace period. the production of tart cherry products discussion in the record of the Therefore, starting with the 1998-99 other than juice, juice concentrate, or administrative proceeding to formulate crop year, assessments will be due on puree. The assessment rate for tart the order concerning dual assessments October 1 and interest will begin to cherries utilized in the production of relates to high and low value fruit as a accrue after October 1 on any unpaid juice, juice concentrate, and puree consequence of these different costs of assessment balance. products shall be $0.00125 per pound. storage. The Department, during the The assessment due date shall be promulgation process, concluded that a After consideration of all relevant October 1 of each crop year. collection of a storage assessment would material presented, including the not be equitable to the industry as a information and recommendation Dated: March 18, 1998. whole and therefore such assessment submitted by the Board and other Robert C. Kenney, was not included in the order since available information, it is hereby found Deputy Administrator, Fruit and Vegetable nonregulated districts would not incur that this rule, as hereinafter set forth, Programs. storage expenses. Therefore, the will tend to effectuate the declared [FR Doc. 98–7512 Filed 3–23–98; 8:45 am] commenter stated that the discussion on policy of the Act. BILLING CODE 3410±02±P Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14025

NATIONAL CREDIT UNION could not act as trustees or custodians would also withhold income tax and ADMINISTRATION of such accounts. This has caused compute periodic payment amounts. In considerable confusion because federal general, the highest administrative 12 CFR Parts 701 and 724 credit unions have been serving as burden is on fiduciaries of traditional traditional IRA trustees or custodians IRAs and Keogh accounts because these Organization and Operation of Federal since 1975. (12 CFR Part 721— accounts are subject to complex Credit Unions; Trustees and Incidental Powers, § 721.4. 40 FR 25582, distribution requirements. Custodians of Pension Plans June 17, 1975.) Currently, however, Federal credit unions have been AGENCY: National Credit Union because part 724 specifically references providing IRA trustee and custodial Administration (NCUA). only Internal Revenue Code (IRC) services for almost 23 years. In its ACTION: Interim final rule with request sections 401(d) and 408, it examination and supervision of federal for comments. unintentionally limits federal credit credit unions during this period of time, union involvement in the newer NCUA has seen no indication of SUMMARY: On February 20, 1998, NCUA accounts established under different IRC regulatory problems arising from this issued a letter to federally insured credit provisions. The purpose of this interim activity. This historical performance unions regarding share insurance rule is to correct this problem provides ample evidence that federal coverage on member accounts immediately with respect to Roth IRAs credit unions can provide the same established as Education IRAs, Roth and Education IRAs and to request services for the new types of accounts. IRAs, Savings Incentive Match Plan for comment on additional changes that However, this interim rule will only Employees and Medical Savings may be needed for these accounts as address the Roth and Education IRAs. Accounts. Although these accounts can well as for MSAs and similar accounts. The provisions regarding these accounts be established in federal credit unions, The Letter to Credit Unions was became effective January 1, 1998, and it the letter noted that federal credit issued in response to recent is the Board’s understanding that these unions cannot act as trustees or amendments to the IRC whereby are the types of accounts that federal custodians for these types of accounts. Congress created new types of accounts credit union members are now most The basis for that statement was the that receive special tax treatment. interested in establishing. There is no current wording of NCUA regulations, Congress specified the types of public interest served by delaying which references specific provisions of organizations that could serve as immediate action on these accounts. the Internal Revenue Code. This interim fiduciaries for these accounts. Congress rule corrects that part by including included federally insured credit unions Amendments additional specific references to Internal in the list of qualified organizations by 1. Part 701 Revenue Code provisions for certain of including them in a special definition of Federal credit unions are authorized these accounts. It also makes a ‘‘bank’’ contained in the current IRC to provide reasonable retirement conforming amendment to the rule section 408(n). This definition has been benefits for their employees under regarding retirement benefits for federal used in IRC section 401(f)(2)—for 401(d) § 701.19. If a federal credit union is to credit union employees. plans (Keogh Accounts)—and in IRC section 408(a)(2) for traditional IRAs be a trustee or custodian, the retirement DATES: Effective March 24, 1998. established under IRC section 408. Part plan must be an IRA maintained in Comments must be received on or 724 references both 401(d) and 408 accordance with part 724. To conform to before May 20, 1998. plans. Congress has now used this same the changes in part 724, this section is ADDRESSES: Comments should be definition for MSAs, IRC section being amended by deleting the phrase directed to Becky Baker, Secretary of the 220(d)(1)(B), and Education IRAs, IRC ‘‘an individual retirement account.’’ Board. Mail or hand-deliver comments section 530(b)(1)(B). For a Roth IRA, Section 701.19 will now require that the to: National Credit Union Congress provided in IRC section plan be ‘‘authorized and’’ maintained in Administration, 1775 Duke Street, 408A(a) that such an account is to be accordance with part 724. Alexandria, VA 22314–3428. Fax treated as an individual retirement plan, 2. Part 724 comments to (703) 518–6319. E-mail unless otherwise noted. An individual comments to [email protected]. retirement plan includes an IRA under Part 724 is being amended only with Please send comments by one method 408. IRC section 7701(a)(37). Thus, regard to Roth IRAs and Education only. federal credit unions, being federally IRAs. This is accomplished by adding FOR FURTHER INFORMATION CONTACT: insured, are qualified to be fiduciaries of references to IRC sections 408A, for James J. Engel, Deputy General Counsel, all of these types of accounts. Roth IRAs, and 530, for Education IRAs, at the above address, or telephone: (703) A fiduciary, either a trustee or in § 724.1. There is no need for a 518–6540. custodian, of these newer types of specific amendment to cover SIMPLE SUPPLEMENTARY INFORMATION: accounts performs essentially the same Retirement Accounts (SRAs) because types of duties as a fiduciary of a those accounts are already covered Background traditional Keogh or IRA. In the case of under IRC section 408, specifically NCUA recently issued a Letter to a federal credit union, the funds are section 408(p), and thus already covered Credit Unions (Letter No. 98–CU–5, invested in insured share accounts. As by § 724.1. February 20, 1998) to advise all a fiduciary, a federal credit union Request for Comments federally insured credit unions of share maintains accounting records similar to insurance coverage on several new types those for any savings account and sends The Board is requesting comments on of member accounts: Education IRAs, the member and the IRS tax the changes made by this interim final Roth IRAs, Savings Incentive Match information. In the case of self-directed rule concerning Roth IRAs and Plan for Employees (SIMPLE) accounts plans, a federal credit union follows a Education IRAs. As noted above, the and Medical Savings Accounts (MSAs). member’s instructions and facilitates the Board is not amending or proposing any While these accounts could be transfer to other investments in specific amendments regarding MSAs. established in federal credit unions, the accordance with § 724.2. For some types To do so now would require more letter noted that federal credit unions of accounts, a federal credit union extensive modification to part 724, or 14026 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations possibly a completely new rule, and Authority: 12 U.S.C. 1752(5), 1755, 1756, DEPARTMENT OF TRANSPORTATION would only delay the much needed IRA 1757, 1759, 1761a, 1761b, 1766, 1767, 1782, revisions. 1784, 1787, 1789. Section 701.6 is also Federal Aviation Administration Further, MSAs are a pilot program authorized by 15 U.S.C. 3717. Section 701. 31 and the Board is not aware of any is also authorized by 15 U.S.C. 1601 et seq.; 14 CFR Part 39 particular urgency to address these 42 U.S.C. 1981 and 3601–3610. Section [Docket No. 97±SW±58±AD; Amendment types of accounts immediately. 701.35 is also authorized by 42 U.S.C. 4311 39±10421; AD 98±07±03] The Board expects to issue shortly a –4312. RIN 2120±AA64 request for comments or advanced notice of proposed rulemaking to solicit 2. Revise the second sentence of § 701.19(a) to read as follows: Airworthiness Directives; Bell comments on MSAs and will evaluate Helicopter Textron, Inc. Model 412 the need for regulatory changes after § 701.19 Retirement benefits for Helicopters and Agusta S.p.A. Model receipt of comments. That notice will employees of Federal credit unions. AB412 Helicopters likely solicit comments as well regarding whether other regulatory (a) * * * In those cases where a AGENCY: Federal Aviation changes are needed to address IRC Federal credit union is to be a plan Administration, DOT. section 401(k) plans, including SIMPLE trustee or custodian, the plan must be ACTION: Final rule; request for 401(k) plans, and Simplified Employee authorized and maintained in comments. Pension (SEP) plans. accordance with the provisions of part 724 of this chapter. * ** SUMMARY: This amendment adopts a Regulatory Procedures * * * * * new airworthiness directive (AD) that is Regulatory Flexibility Act applicable to Bell Helicopter Textron, Inc. (Bell) Model 412 helicopters and This interim final rule conforms the PART 724ÐTRUSTEES AND CUSTODIANS OF PENSION PLANS Agusta S.p.A. (Agusta) Model AB412 current regulation to recent changes in helicopters. This action requires a the federal tax law and does not expand temporary reduction of the never-exceed upon the nature of the activity 3. The authority citation for part 724 is revised to read as follows: velocity (Vne) limitation until an authorized for a federal credit union. inspection of the tail rotor yoke (yoke) The Board has determined and certifies Authority: 12 U.S.C. 1757, 1765, 1766 and assembly for fatigue damage and that this rule will not have a significant 1787. installation of a redesigned yoke economic impact on a substantial flapping stop are accomplished. number of small credit unions. 4. In § 724.1, revise the section heading and first sentence to read as Recurring periodic and special Accordingly, the NCUA Board has inspections to detect occurrences of follows: determined that a Regulatory Flexibility yoke overload are also required. This Analysis is not required. § 724.1 Federal credit unions acting as amendment is prompted by laboratory Paperwork Reduction Act trustees and custodians of pension and tests and engineering analyses that This interim rule does not impose any retirement plans. indicated that the yoke assembly is susceptible to fatigue damage due to paperwork requirements. A federal credit union is authorized to unforeseen static and dynamic loading Executive Order 12612 act as trustee or custodian, and may of the tail rotor against the original receive reasonable compensation for so flapping stop. The actions specified in This interim rule only applies to acting, under any written trust federal credit unions. It has no affect on this AD are intended to prevent fatigue instrument or custodial agreement failure of the yoke that could result in the regulation of state-chartered credit created or organized in the United unions. loss of control of the tail rotor and States and forming part of a pension or subsequent loss of control of the List of Subjects retirement plan which qualifies or helicopter. 12 CFR Part 701 qualified for specific tax treatment DATES: Effective April 8, 1998. under sections 401(d), 408, 408A and Credit unions. The incorporation by reference of 530 of the Internal Revenue Code (26 certain publications listed in the 12 CFR Part 724 U.S.C. 401(d), 408, 408A and 530), for regulations is approved by the Director its members or groups of its members, Credit unions, Pensions, Reporting of the Federal Register as of April 8, provided the funds of such plans are and recordkeeping requirements, Trusts 1998. and trustees. invested in share accounts or share Comments for inclusion in the Rules certificate accounts of the Federal credit Docket must be received on or before By the National Credit Union union. * * * Administration Board, this 13th day of May 26, 1998. March, 1998. [FR Doc. 98–7346 Filed 3–23–98; 8:45 am] ADDRESSES: Submit comments in Becky Baker, BILLING CODE 7535±01±p triplicate to the Federal Aviation Secretary, NCUA Board. Administration (FAA), Office of the Regional Counsel, Southwest Region, For the reasons stated in the Attention: Rules Docket No. 97–SW–58– preamble, NCUA amends 12 CFR AD, 2601 Meacham Blvd., Room 663, chapter VII as follows: Fort Worth, Texas 76137. PART 701ÐORGANIZATION AND The service information referenced in OPERATION OF FEDERAL CREDIT this AD may be obtained from Bell UNIONS Helicopter Textron, Inc., P.O. Box 482, Fort Worth, Texas 76101, telephone 1. The authority citation for part 701 (817) 280–3391, fax (817) 280–6466 for continues to read as follows: the Bell Model 412 helicopters; and Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14027

Agusta S.p.A., 21017 Cascina Costa di the Federal Aviation Regulations (14 are invited to comment on this rule by Samarate (VA), Via Giovanni Agusta CFR 21.21). The Agusta Model AB412 submitting such written data, views, or 520, telephone (0331) 229111, fax (0331) helicopters are manufactured in Italy arguments as they may desire. 229605–222595 for the Agusta Model and are type certificated for operation in Communications should identify the AB412 helicopters. This information the United States under the provisions Rules Docket number and be submitted may be examined at the FAA, Office of of § 21.29 of the Federal Aviation in triplicate to the address specified the Regional Counsel, Southwest Regulations (14 CFR 21.29) and the under the caption ADDRESSES. All Region, 2601 Meacham Blvd., Room applicable bilateral airworthiness communications received on or before 663, Fort Worth, Texas; or at the Office agreement. Pursuant to this bilateral the closing date for comments will be of the Federal Register, 800 North airworthiness agreement, the RAI has considered, and this rule may be Capitol Street, NW., suite 700, kept the FAA informed of the situation amended in light of the comments Washington, DC. described above. The FAA has received. Factual information that FOR FURTHER INFORMATION CONTACT: Mr. examined the findings of the RAI, supports the commenter’s ideas and Shep Blackman, Aerospace Engineer, reviewed all available information, and suggestions is extremely helpful in FAA, Rotorcraft Directorate, Rotorcraft determined that AD action is necessary evaluating the effectiveness of the AD Standards Staff, 2601 Meacham Blvd., for products of these type designs that action and determining whether Fort Worth, Texas 76137, telephone are certificated for operation in the additional rulemaking action would be (817) 222–5296, fax (817) 222–5961. United States. needed. Since an unsafe condition has been Comments are specifically invited on SUPPLEMENTARY INFORMATION: The identified that is likely to exist or the overall regulatory, economic, Registro Aeronautico Italiano (RAI), develop on other Bell Model 412 and environmental, and energy aspects of which is the airworthiness authority for Agusta Model AB412 helicopters of the the rule that might suggest a need to Italy, recently notified the FAA that an same type designs registered or eligible modify the rule. All comments unsafe condition may exist on Agusta for registration in the United States, this submitted will be available, both before Model AB412 helicopters, and since the AD is being issued to prevent fatigue and after the closing date for comments, Bell Model 412 helicopters are of failure of the yoke that could result in in the Rules Docket for examination by similar type design, a similar unsafe loss of control of the helicopter. This interested persons. A report that condition could exist on those models. AD requires a temporary reduction of summarizes each FAA-public contact The RAI advises installing a temporary the Vne limitation until an inspection of concerned with the substance of this AD airspeed placard, inspecting the yoke the yoke assembly for fatigue damage will be filed in the Rules Docket. assembly, and installing a redesigned and installation of a redesigned yoke Commenters wishing the FAA to tail rotor flapping stop. flapping stop is accomplished, and acknowledge receipt of their comments Bell has issued Bell Helicopter includes additional periodic and special submitted in response to this rule must Textron Alert Service Bulletin (ASB) inspections to detect occurrences of submit a self-addressed, stamped 412–96–89, Revision A, dated October yoke overload. postcard on which the following 17, 1997 and Bell Helicopter Textron The short compliance time involved statement is made: ‘‘Comments to ASB 412CF–96–01, dated September 3, is required because the previously Docket No. 97–SW–58–AD.’’ The 1996, for the Bell Model 412 described critical unsafe condition can postcard will be date stamped and helicopters; and Agusta has issued adversely affect the controllability of the returned to the commenter. Agusta Bolletino Tecnico (Technical helicopter. Therefore, a temporary The regulations adopted herein will Bulletin) No. 412–65, dated December 2, reduction in Vne is required prior to not have substantial direct effects on the 1996 for the Agusta Model AB412 further flight, and this AD must be States, on the relationship between the helicopters. Both service bulletins and issued immediately. national government and the States, or the technical bulletin specify an Since a situation exists that requires on the distribution of power and immediate temporary reduction in the the immediate adoption of this responsibilities among the various maximum airspeed, installing a cockpit regulation, it is found that notice and levels of government. Therefore, in placard for this limitation, and opportunity for prior public comment accordance with Executive Order 12612, incorporating a temporary flight manual hereon are impracticable, and that good it is determined that this final rule does supplement until the yoke historical cause exists for making this amendment not have sufficient federalism records are researched for previous effective in less than 30 days. implications to warrant the preparation damage history; until an x-ray The FAA estimates that 124 of a Federalism Assessment. diffraction inspection is performed on helicopters of U.S. registry will be The FAA has determined that this the yoke to detect fatigue damage; and affected by this AD, that it will take regulation is an emergency regulation until a frangible tail rotor flapping stop/ approximately 6.5 hours per helicopter that must be issued immediately to yield indicator, P/N 212–011–713–103, to accomplish the installation of a correct an unsafe condition in aircraft, is installed. A repetitive 25-hours time- placard, the inspection, and the and that it is not a ‘‘significant in-service inspection to detect damaging installation of the yoke. Required parts regulatory action’’ under Executive tail rotor flapping stop contact due to a will cost approximately $511 per Order 12866. It has been determined hard landing, sudden stoppage, or helicopter. Based on these figures, the further that this action involves an miscellaneous power on/off incidents total cost impact of this AD on U.S. emergency regulation under DOT has been added. The RAI classified the operators is estimated to be $111,724. Regulatory Policies and Procedures (44 Agusta technical bulletin as mandatory FR 11034, February 26, 1979). If it is and issued AD 97–223 in order to assure Comments Invited determined that this emergency the continued airworthiness of these Although this action is in the form of regulation otherwise would be helicopters in Italy. a final rule that involves requirements significant under DOT Regulatory The Bell Model 412 helicopters are affecting flight safety and, thus, was not Policies and Procedures, a final manufactured in the U.S. and are type preceded by notice and an opportunity regulatory evaluation will be prepared certificated for operation in the United for public comment, comments are and placed in the Rules Docket. A copy States under the provisions of § 21.21 of invited on this rule. Interested persons of it, if filed, may be obtained from the 14028 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations

Rules Docket at the location provided which a damaged tail rotor blade was Note 2: Information concerning the under the caption ADDRESSES. replaced due to a blade strike. If such a existence of approved alternative methods of history exists, replace the yoke with an compliance with this AD, if any, may be List of Subjects in 14 CFR Part 39 airworthy yoke. obtained from the Rotorcraft Standards Staff. Air transportation, Aircraft, Aviation (b) Before further flight, unless paragraph (f) Special flight permits may be issued in (c) of this AD has been accomplished accordance with sections 21.197 and 21.199 safety, Incorporation by reference, previously: Safety. of the Federal Aviation Regulations (14 CFR (1) Install a Never Exceed Velocity (Vne) 21.197 and 21.199) to operate the helicopter Adoption of the Amendment red line at 120 knots indicated airspeed at airspeeds not to exceed 120 KIAS to a (KIAS) on the pilot and copilot airspeed location where the requirements of this AD Accordingly, pursuant to the indicators using red tape or paint, and a can be accomplished. slippage indicator on the instrument case and authority delegated to me by the (g) The inspections and installations shall glass. Administrator, the Federal Aviation be done in accordance with Bell ASB 412– (2) Install a placard made of material that Administration amends part 39 of the 96–89, Revision A, dated October 17, 1997; Federal Aviation Regulations (14 CFR is not easily erased, disfigured, or obscured on the instrument panel in clear view of the Bell Helicopter Textron ASB 412CF–96–01, part 39) as follows: pilot and copilot: ‘‘Observe temporary dated September 3, 1996; or Agusta Maximum Never Exceed (Vne) airspeed red Technical Bulletin No. 412–65, dated PART 39ÐAIRWORTHINESS line (marked at 120 knots indicated airspeed December 2, 1996. This incorporation by DIRECTIVES (KIAS)). Vne is 20 KIAS less than the value reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 1. The authority citation for part 39 presented on the airspeed limitation placard for each ambient condition.’’ 552(a) and 1 CFR part 51. Copies may be continues to read as follows: (3) Insert the applicable Bell Helicopter obtained from Bell Helicopter Textron, Inc., Authority: 49 U.S.C. 106(g), 40113, 44701. Textron 412 Temporary Revision, dated P.O. Box 482, Fort Worth, Texas 76101, August 16, 1996, into the Model 412 telephone (817) 280–3391, fax (817) 280– § 39.13 [Amended] Rotorcraft Flight Manual (RFM), or Agusta 6466; or Agusta, 21017 Cascina Costa di 2. Section 39.13 is amended by AB412EP Temporary Revision No. 2 into the Samarate (VA), Via Giovanni Agusta 520, adding a new airworthiness directive to Model AB412 RFM. telephone (0331) 229111, fax (0331) 229605– 222595. Copies may be inspected at the FAA, read as follows: (c) Within 180 calendar days: (1) Remove yoke assembly, P/N 212–011– Office of the Regional Counsel, Southwest AD 98–07–03 Bell Helicopter Textron, Inc. 702-all dash numbers, and replace it with an Region, 2601 Meacham Blvd., Room 663, Fort and Agusta S.p.A.: Amendment 39– airworthy yoke assembly, P/N 212–011–702- Worth, Texas; or at the Office of the Federal 10421. Docket No. 97–SW–58–AD. all dash numbers, with zero hours time-in- Register, 800 North Capitol Street, NW., suite Applicability: Bell Helicopter Textron, Inc. service (TIS), or an airworthy yoke 700, Washington, DC. Model 412 helicopters, serial numbers (S/N) (regardless of TIS) that has passed a one-time (h) This amendment becomes effective on 33001 through 33213, 34001 through 34024, x-ray diffraction inspection in accordance April 8, 1998. 36001 through 36121, 46400 through 46434, with Bell Helicopter Textron ASB 412–96– Note 3: The subject of this AD is addressed 46437, and Agusta S.p.A. Model AB412 89, Revision A, dated October 17, 1997; Bell in Registro Aeronautico Italiano (Italy) AD helicopters, S/N prior to and including S/N Helicopter Textron ASB 412CF–96–01, dated 97–223, dated January 8, 1997. September 3, 1996; or, Agusta Bolletino 25806, and S/N 25901; certificated in any Issued in Fort Worth, Texas, on March 16, category. Tecnico (Technical Bulletin) No. 412–65, dated December 2, 1996, whichever is 1998. Note 1: This AD applies to each helicopter applicable. Eric Bries, identified in the preceding applicability (2) Install an airworthy tail rotor flapping Acting Manager, Rotorcraft Directorate, provision, regardless of whether it has been stop, P/N 212–011–713–103. Aircraft Certification Service. modified, altered, or repaired in the area (3) If requirements are accomplished subject to the requirements of this AD. For [FR Doc. 98–7414 Filed 3–23–98; 8:45 am] helicopters that have been modified, altered, in accordance with paragraphs (c)(1) BILLING CODE 4910±13±U or repaired so that the performance of the and (c)(2) of this AD, remove the 120 requirements of this AD is affected, the KIAS redline from the pilot and copilot owner/operator must use the authority airspeed indicators; remove the Vne DEPARTMENT OF COMMERCE provided in paragraph (e) to request approval airspeed restriction placard; and remove from the FAA. This approval may address the Bell Helicopter Textron 412 Bureau of Export Administration either no action, if the current configuration Temporary Revision, dated August 16, eliminates the unsafe condition, or different 1996, or Agusta AB Temporary Revision 15 CFR Parts 770 and 774 actions necessary to address the unsafe No. 2, as applicable, from the RFM. condition described in this AD. Such a (d) After accomplishing paragraph (c) of [Docket No. 980219044±8044±01] request should include an assessment of the this AD, thereafter inspect the yoke assembly effect of the changed configuration on the and tail rotor flapping stop at intervals not RIN 0694±AB66 unsafe condition addressed by this AD. In no to exceed 25 hours TIS in accordance with case does the presence of any modification, Part III, Recurring 25-Hour Special Inspection Revision To ECCN 1C350 (Mixtures): alteration, or repair remove any helicopter and Conditional Inspection Requirement, of Removal of Solvent Free Basis from the applicability of this AD. Bell Helicopter Textron ASB 412–96–89, Calculation Requirement and Trace Compliance: Required as indicated, unless Revision A, dated October 17, 1996; Bell Quantity Exemption accomplished previously. Helicopter Textron ASB 412CF–96–01, dated To prevent fatigue failure of the tail rotor September 3, 1996; or Agusta Bolletino AGENCY: Bureau of Export yoke (yoke), that could result in loss of Tecnico (Technical Bulletin) No. 412–65, Administration, Commerce. control of the helicopter, accomplish the dated December 2, 1996, as applicable. ACTION: Final rule. following: (e) An alternative method of compliance or (a) Before further flight, review the adjustment of the compliance time that SUMMARY: Chemicals capable of being historical records of the yoke assembly, part provides an acceptable level of safety may be used as precursors for chemical number (P/N) 212–011–702-all dash used if approved by the Manager, Rotorcraft weapons agents are controlled for export numbers, for any static or dynamic incident Standards Staff, Rotorcraft Directorate, FAA. history, other than normal usage, that could Operators shall submit their requests through on the Commerce Control List under have imposed a bending load on the yoke, an FAA Principal Maintenance Inspector, Export Control Classification Number but did not require yoke assembly who may concur or comment and then send 1C350. Note 2 of the License replacement; for example, an incident in it to the Manager, Rotorcraft Standards Staff. Requirement Notes section of ECCN Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14029

1C350 describes the three tier de Sweden, Switzerland, United Kingdom information displays a currently valid minimis exemption for mixtures that and the United States. OMB Control Number. contain these controlled chemicals. The In 1994, in accordance with AG 4. This rule does not contain policies de minimis exemption is based on the policy, BXA revised Note 2 to former with Federalism implications sufficient weight percentage (0%, 10%, and 25%) ECCN 1C60 (currently 1C350) to to warrant preparation of a Federalism of these controlled chemicals within the establish a three-tiered approach to assessment under Executive Order mixture calculated on a ‘‘solvent free requiring licenses for mixtures 12612. basis’’. This rule removes the containing controlled chemicals (59 FR 5. The provisions of the requirement to calculate the weight 52685 October 19, 1994). That revision Administrative Procedure Act (5 U.S.C. percentage on a ‘‘solvent free basis.’’ permitted export and reexports without 553) requiring notice of proposed Therefore, the de minimis exemption for a license when the amount of a rulemaking, an opportunity for public mixtures will now be based on the controlled chemical in the mixture did participation, and a delay in effective weight percentage of controlled not exceed a specified weight date, are inapplicable because this chemicals calculated on the absolute percentage (0% for tier 1, 10% for tier regulation involves a military and (total) weight of the mixture. 2, 25% for tier 3). The calculation was foreign affairs function of the United The removal of the ‘‘solvent free done on a ‘‘solvent free basis’’, meaning States (see 5 U.S.C. 553(a)(1)). Further, basis’’ calculation requirement that the amount of the solvent had to be no other law requires that a notice of eliminates the necessity of the ‘‘trace subtracted before the weight percentage proposed rulemaking and an quantity’’ exemption. The trace quantity of the controlled chemical could be opportunity for public comment be exemption permitted exports of determined. This method of calculation given for this rule. Because a notice of mixtures of concentrations of no more proved difficult to implement for both proposed rulemaking and an than 10,000 parts by weight per million exporters and other AG member opportunity for public comment are not of certain controlled chemicals. governments. At the October 1997 required to be given for this rule by 5 Therefore, the ‘‘trace quantity’’ session, the AG decided to change the U.S.C 553, or by any other law, the exemption is removed. method of calculation from ‘‘solvent free analytical requirements of the Although the EAA expired on August basis’’ to ‘‘absolute weight.’’ This Regulatory Flexibility Act (5 U.S.C. 20, 1994, the President, invoking the change will simplify calculation and 601et seq.) are not applicable. International Emergency Powers Act improve the coordination of the Therefore, this regulation is issued in (IEEPA), continued in effect the export mixtures policy among AG members, final form. Although there is no formal control system in place under the while not compromising our comment period, public comments on provisions of the Act and the Export nonproliferation objectives. this regulation are welcome on a Administration Regulations, to the Rulemaking Requirements continuing basis. Comments should be extent permitted by law (Executive submitted to Sharron Cook, Regulatory 1. This final rule has been determined Order 12924 of August 19, 1994 and Policy Division, Office of Exporter to be not significant for purposes of Notices of August 15, 1995, August 14, Services, Bureau of Export Executive Order 12866. 1996 and August 13, 1997). 2. This rule involves collections of Administration, Department of EFFECTIVE DATE: March 24, 1998. information subject to the Paperwork Commerce, P.O. Box 273, Washington, FOR FURTHER INFORMATION CONTACT: For Reduction Act of 1980 (44 U.S.C. 3501 D.C. 20044. questions of a technical nature, contact et seq.). These collections have been List of Subjects Mr. Jim Seevaratnam, Office of approved by the Office of Management Chemical and Biological Controls and and Budget under control numbers 15 CFR Part 770 Treaty Compliance, at (202) 482–3343 or 0694–0086,’Sample Shipment quarterly Exports. facsimile (202) 482–0751. report,’’ which carries a burden hour For questions of a general nature, call estimate of 35 minutes per submission; 15 CFR Part 774 Sharron Cook, Regulatory Policy and 0694–0088, ‘‘Multi-Purpose Exports, Reporting and recordkeeping Division, at (202) 482–2440. Application,’’ which carries a burden requirements. SUPPLEMENTARY INFORMATION: hour estimate of 52.5 minutes per Accordingly, parts 770 and 774 of the submission. There will be a decrease of Background Export Administration Regulations (15 approximately 100 Multi-Purpose CFR parts 730–799) are amended as The Australia Group (AG) recently Applications per year as a result of the follows: held its annual consultations on ways to revisions in this rule. Send comments 1. The authority citation for 15 CFR prevent the proliferation of chemical on burden, or any other aspect of these Part 770 continues to read as follows: and biological weapons. collections of information to Linda Authority: 50 U.S.C. app. 2401 et seq.; 50 The AG, an informal arrangement Engelmeier, Departmental Clearance 1701 et seq.; E.O. 12924, 59 FR 43437, 3 CFR, between 30 countries and the European Officer, Department of Commerce, Room 1994 Comp., p. 917; E.O. 13026, 61 FR 58767, Commission, was initiated by Australia 5327, 14th and Constitution Avenue, 3 CFR, 1996 Comp. 228 (1997); Notice of in 1985, after the United Nations NW, Washington DC 20230, and to the August 15, 1995, 3 CFR, 1995 Comp. 501 discovered that chemical weapons had Office of Information and Regulatory (1996); Notice of August 14, 1996, 3 CFR, been used in the Iran-Iraq war. The AG’s Affairs, Office of Management and 1996 Comp. 298 (1997); Notice of August 13, participants include: Argentina, Budget, Washington, DC 20503 1997 (62 FR 43629, August 15, 1997). Australia, Austria, Belgium, Canada, the (Attention: BXA Desk Officer). 2. The authority citation for 15 CFR Czech Republic, Denmark, the European 3. Notwithstanding any other part 774 continues to read as follows: Commission, Finland, France, Germany, provision of law, no person is required Authority: 50 U.S.C. app. 2401 et seq.; 50 Greece, Hungary, Iceland, Ireland, Italy, to respond nor shall any person be U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Japan, Korea (the Republic of), subject to a penalty for failure to comply 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. Luxembourg, Netherlands, New with, a collection of information subject 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; Zealand, Norway, Poland, Portugal, to the requirements of the Paperwork Sec. 201, Pub. L. 104–58, 109 Stat. 557 (30 Romania, Slovak Republic, Spain, Reduction Act, unless that collection of U.S.C. 185(s)); 30 U.S.C. 185(u); 42 U.S.C. 14030 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations

2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 with the provisions of this Note 1. A chemical is a normal ingredient in consumer U.S.C. app. 466c; 50 U.S.C. app. 5; E.O. consignee that receives a sample shipment goods packaged for retail sale for personal 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. under this exclusion may not resell, transfer use. Such consumer goods are controlled by 917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 or reexport the sample shipment, but may ECCN EAR99. Comp. 228 (1997); Notice of August 15, 1995, use the sample shipment for any other legal Note to Mixtures: Calculation of 3 CFR, 1995 Comp. 501 (1996); Notice of purpose unrelated to chemical weapons. concentrations of AG-controlled chemicals: August 14, 1996, 3 CFR, 1996 Comp. 298 However, a sample shipment received under a. Exclusion. No chemical may be added to (1997); Notice of August 13, 1997 (62 FR this exclusion remains subject to all General the mixture (solution) for the sole purpose of 43629, August 15, 1997). Prohibitions including the end-use restriction circumventing the Export Administration described in § 744.4 of the EAR. Regulations; PART 770Ð[AMENDED] d. The exporter is required to submit a b. Absolute Weight Calculation. When quarterly written report for shipments of calculating the percentage, by weight, of § 770.4 [Removed] samples made under this Note 1. The report components in a chemical mixture, include 3. Part 770 is amended by removing must be on company letterhead stationery all components of the mixture, including § 770.4, ‘‘Interpretations related to (titled ‘‘Report of Sample Shipments of those that act as solvents; chemical mixtures—de minimis Chemical Precursors’’ at the top of the first c. Example. page) and identify the chemical(s), Chemical exceptions examples.’’ 11% chemical listed in paragraph b. of Note Abstract Service Registry (C.A.S.) number(s), 2 quantity(ies), the ultimate consignee’s name PART 774Ð[AMENDED] 39% chemical not listed in Note 2 and address, and the date exported. The 50% Solvent report must be sent to the U.S. Department 4. Supplement No. 1 to part 774 100% Mixture of Commerce, Bureau of Export (Commerce Control List), Category 1 11/100 = 11% chemical listed in paragraph Administration, P.O. Box 273, Washington, b. of Note 2. (Materials, Chemicals, DC 20044, Attn: ‘‘Report of Sample ‘‘Microorganisms’’, & ‘‘Toxins’’), is Shipments of Chemical Precursors’’. In this example, a license is required amended by revising the License 2. MIXTURES: Mixtures controlled by this because a chemical listed in paragraph b. of Requirements section of ECCN 1C350, to entry that contain certain concentrations of Note 2 constitutes more than 10 percent of read as follows: precursor and intermediate chemicals are the weight of the mixture. Supplement No. 1 to Part 774—the subject to the following licensing 3. COMPOUNDS: A license is not required under this entry for chemical compounds Commerce Control List requirements: a. A license is required, regardless of the created with any chemicals identified in this * * * * * concentrations in the mixture, for the ECCN 1C350, unless those compounds are Category 1—Materials, Chemicals, following chemicals: 0-Ethyl-2- also identified in this entry. ‘‘Microorganisms’’, & ‘‘Toxins’’ diisopropylaminoethyl methylphosphonite Technical Notes: 1. For purposes of this * * * * * (QL) (C.A.S.ι57856–11–8), Ethylphosphonyl entry, a ‘‘mixture’’ is defined as a solid, C. Materials difluoride (C.A.S.ι753–98–0) and liquid or gaseous product made up of two or ι more components that do not react together * * * * * Methylphosphonyl difluoride (C.A.S. 676– 99–3); under normal storage conditions. 2. The scope of this control applicable to 1C350 Chemicals that may be used as b. A license is required when at least one Hydrogen Fluoride (Item 25 in List of Items precursors for toxic chemical agents, as of the following chemicals constitutes more Controlled) includes its liquid, gaseous, and follows (see List of Items Controlled). than 10 percent of the weight of the mixture: Arsenic trichloride (C.A.S.#7784–34–1), aqueous phases, and hydrates. License Requirements Benzilic acid (C.A.S.#76–93–7), Diethyl * * * * * ethylphosphonate (C.A.S.#78–38–6), Diethyl Dated: March 17, 1998. Reason for Control: CB, AT # methylphosphonite (C.A.S. 15715–41–0), R. Roger Majak, Diethyl-N,N-dimethylphosphoroamidate Control(s) Country chart Assistant Secretary for Export (C.A.S.#2404–03–7), N,N-Diisopropyl-beta- Administration. aminoethane thiol (C.A.S.#5842–07–9), N,N- CB applies to entire entry .. CB Column 2. [FR Doc. 98–7493 Filed 3–23–98; 8:45 am] AT applies to entire entry .. AT Column 1. Diisopropyl-2-aminoethyl chloride hydrochloride (C.A.S.#4261–68–1), N,N- BILLING CODE 3510±33±P Diisopropyl-beta-aminoethanol (C.A.S.#96– License Requirement Notes: 80–0), N,N-Diisopropyl-beta-aminoethyl 1. SAMPLE SHIPMENTS: Certain sample chloride (C.A.S.#96–79–7), Dimethyl DEPARTMENT OF COMMERCE shipments of chemicals controlled under ethylphosphonate (C.A.S.#6163–75–3), ECCN 1C350 may be made without a license, Dimethyl methylphosphonate (C.A.S.#756– National Oceanic and Atmospheric as provided by the following: 79–6), Ethylphosphonous dichloride Administration a. Chemicals Not Eligible: The following [Ethylphosphinyl dichloride] (C.A.S.#1498– chemicals are not eligible for sample 40–4), Ethylphosphonus difluoride 15 CFR Part 902 shipments: 0-Ethyl-2-diisopropylaminoethyl [Ethylphosphinyl difluoride] (C.A.S.#430– # methylphosphonite (QL) (C.A.S. 57856–11– 78–4), Ethylphosphonyl dichloride 50 CFR Part 644 8), Ethylphosphonyl difluoride (C.A.S. #753– (C.A.S.#1066–50–8), Methylphosphonous 98–0), and Methylphosphonyl difluoride dichloride [Methylphosphinyl dicloride] [Docket No. 980305056±8056±01; I.D. (C.A.S. #676–99–3). # (C.A.S. 676–83–5), Methylphosphonous 020398B] b. Countries Not Eligible: The following difluoride [Methylphosphinyl difluoride] countries are not eligible to receive sample (C.A.S.#753–59–3), Methylphosphonyl RIN 0648±AK88 shipments: Cuba, Iran, Iraq, Libya, North dichloride (C.A.S.#676–97–1), Pinacolyl Korea, Sudan, Syria. # alcohol (C.A.S. 464–07–3), 3-Quinuclidinol Atlantic Billfishes; Atlantic Blue Marlin c. Sample Shipments: A license is not (C.A.S.#1619–34–7), and Thiodiglycol required for sample shipments when the (C.A.S.#111–48–8) (Related ECCN: 1C995); and Atlantic White Marlin Size Limits; cumulative total of these shipments does not c. A license is required when at least one Billfish Tournament Notification exceed a 55-gallon container or 200 kg of of all other chemicals in the List of Items Requirements each chemical to any one consignee per Controlled constitutes more than 25 percent calendar year. Multiple sample shipments, in of the weight of the mixture(related ECCN: AGENCY: National Marine Fisheries any quantity, not exceeding the cumulative 1C995); and Service (NMFS), National Oceanic and totals indicated in this paragraph may be d. A license is not required under this Atmospheric Administration (NOAA), exported without a license, in accordance entry for mixtures when the controlled Commerce. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14031

ACTION: Interim rule; request for monitoring, data collection and amendment to the Billfish FMP, in light comments. reporting procedures in fisheries of the 1997 ICCAT recommendations. landing BUM and WHM. Currently, only recreational landings of SUMMARY: This interim rule increases Stock assessments for BUM and WHM Atlantic billfish are allowable for U.S. the minimum size limits for Atlantic were completed most recently in 1996 fishermen; no Atlantic billfish may be blue marlin (BUM) and Atlantic white by ICCAT’s Standing Committee on purchased, bartered, traded, sold, or marlin (WHM) to 96 inches (244 cm) Research and Statistics (SCRS). NMFS offered for sale in any state. Recreational lower jaw-fork length (LJFL) and 66 has identified both BUM and WHM as landings for 1996 (ICCAT’s target year inches (168 cm) LJFL, respectively, and overfished; ICCAT considers both for catch reduction) were 74,737 lb (34.9 specifies requirements to notify NMFS species to be over-exploited. mt) of BUM and 7,275 lb (3.3 mt) of of tournaments involving any Atlantic Historically, both species have been WHM. Beginning in 1998, the United billfish at least 4 weeks prior to considered separately as North and States is bound by ICCAT to commencement. NMFS invites public South Atlantic stocks (dividing line at immediately begin to reduce annual comments on the increase in minimum 5° N. lat.). Recent genetic and tag and BUM and WHM landings to ensure that size limits. Public hearings on this issue recapture information indicates that an 1999 landings are at least 25 percent will be announced in the Federal entire Atlantic stock may be more below 1996 levels. The Billfish AP Register at a later date. The intended appropriate; however, available considered various management options effect of this interim rule is to reduce information from the South Atlantic to accomplish this goal, and reached overfishing of BUM and WHM, and to makes a total Atlantic Ocean assessment consensus to increase the minimum implement a recommendation of the problematic. Accordingly, assessments legal landing size of BUM from 86 International Commission for the preformed by ICCAT’s SCRS include inches LJFL/197 lb (219 cm/89 kg) to 96 Conservation of Atlantic Tunas (ICCAT). both a North Atlantic and a total inches LJFL/286 lb (244 cm/130 kg), and DATES: This interim rule is effective Atlantic Ocean evaluation. The biomass increase WHM from 62 inches LJFL/47.6 March 27, 1998 through September 23, of BUM for the total Atlantic Ocean and lb (157.4 cm/22 kg) to 66 inches LJFL/ 1998. Comments must be received not North Atlantic in 1996 was estimated to 57.5 lb (168 cm/26 kg). The increases in later than May 22, 1998. be about 24 and 61 percent, the size limits were based on the 1994 ADDRESSES: Comments on this interim respectively, of the biomass needed to to 1996 size distribution and landings rule should be mailed to, and copies of produce maximum sustainable yield and were calculated to reduce BUM and documents supporting this action may (MSY); biomass levels for WHM were WHM landings by number and weight be obtained from, the Highly Migratory estimated to be about 23 and 32 percent, during 1998 to provide an adequate time Species Division, Office of Sustainable respectively, of levels need to produce frame to determine if these size Fisheries, NMFS, 1315 East-West MSY. measures are an effective means to meet In 1996, Congress reauthorized the Highway, Silver Spring, MD 20910. U.S. billfish landing limits by the end of Magnuson-Stevens Act by passing the Comments regarding the collection-of- 1999. The increases in the minimum Sustainable Fisheries Act (SFA), which information requirement contained in size limits are estimated to result in a included several provisions that directly this interim rule should be sent to the reduction in landings of 46 percent by impacted the management of highly same address and to the Office of number and 39 percent by weight of migratory species (HMS). One of the Information and Regulatory Affairs, BUM, and a reduction of 53 percent by new provisions requires NMFS to notify Office of Management and Budget number and weight of WHM from 1996 Congress each year on the status of U.S. (OMB), Washington, DC 20503 levels. fisheries. In September, 1997, NMFS (Attention: NOAA Desk Officer). submitted the first report, entitled The Billfish AP also considered the FOR FURTHER INFORMATION CONTACT: ‘‘Report to Congress: Status of Fisheries ICCAT recommendation to promote the Buck Sutter, 813–570–5447; fax: 813– in the United States,’’ which listed both voluntary release of live BUM and 570–5364; or Jill Stevenson, 301–713– BUM and WHM as overfished. Under WHM, and to improve current 2347; fax: 301–713–1917. the Magnuson-Stevens Act, NMFS is monitoring, data collection, and SUPPLEMENTARY INFORMATION: Atlantic required to submit a draft FMP to the reporting procedures in all their BUM and Atlantic WHM are managed Secretary of Commerce, by September fisheries. The United States already has under the Fishery Management Plan 30, 1998, that includes a rebuilding plan a mandatory 100 percent release (FMP) for Atlantic Billfish and for BUM and WHM. Another new requirement for BUM and WHM caught implemented under the authority of the provision included in the SFA (Section by commercial vessels, and the Magnuson-Stevens Fishery 302(g)(1)) was the establishment of recreational fishery is voluntarily Conservation and Management Act Advisory Panels (APs) to assist in the releasing approximately 90 percent of (Magnuson-Stevens Act) at 50 CFR part preparation of FMPs or FMP all billfish caught. To ensure that the 644. In addition, BUM and WHM are amendments involving HMS. new size limits are widely managed throughout the Atlantic Ocean Consequently, NMFS established a communicated, that accurate data are by ICCAT, of which the United States is Billfish AP, with membership consisting collected, and that the release of live a member. The Secretary of Commerce of representatives from commercial and billfish is encouraged, in consideration has the responsibility, under the recreational fisheries, environmental, of the recommendations of the Billfish Atlantic Tunas Convention Act (ATCA), state management, and scientific AP, this interim rule requires all to implement ICCAT recommendations. entities, as well as members of the five tournaments involving BUM and/or In 1997, ICCAT recommended a affected fishery management councils WHM to provide notification to NMFS reduction of BUM and WHM landings with management jurisdiction along the of the purpose, dates and location of any by at least 25 percent from 1996 levels, U.S. Atlantic Ocean, Gulf of Mexico and tournament involving score keeping or starting in 1998, to be accomplished by Caribbean coasts. awards for the capture of Atlantic 1999. The 1997 ICCAT recommendation At the January 1998 AP meeting, billfish, at least 4 weeks prior to also included provisions to promote the NMFS provided background commencement. This requirement is voluntary release of live BUM and information on landings and recent necessary to provide NMFS with a WHM, and to improve current stock assessments in consideration of an complete data set of all active billfish 14032 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations tournaments, thereby allowing Response: In order to reduce the measure is needed to meet U.S. statistically appropriate levels of data potential burden on NMFS and obligations under ICCAT, and to initiate collection to enhance monitoring of tournament directors, a statistically measures to prevent further overfishing. BUM and WHM landings. The based sample of tournaments will be In summary, this interim rule information collection requirement for selected for reporting. implements the reporting requirement tournaments previously listed under 50 Comment: The Government of the proposed in 61 FR 57361 (November 6, CFR 644.5, is restated as 50 CFR 644.10. Virgin Islands samples recreational 1996). That is, all persons conducting a The 4-week notification requirement catches using a non-uniform probability fishing tournament involving for tournaments involving Atlantic sampling program and voluntary use of scorekeeping or awards for the capture billfish was included in the proposed fishery logbooks. The Division of Fish of Atlantic billfish, regardless of rule consolidating regulations for and Wildlife serves as weigh masters for whether those fish are retained, from a Atlantic Migratory Species Fisheries (61 all but one fishing tournament. Instead port in an Atlantic, Gulf of Mexico, or FR 57361, November 6, 1996). Five of imposing new reporting Caribbean state must notify the Science public hearings were held to receive requirements, the Government of the Director at the Southeast Fisheries oral comments on the proposed Virgin Islands and NMFS should Science Center, 75 Virginia Beach Drive, consolidated rule. Additionally, explore means of supplying data to Miami, FL 33149, in writing, at least 4 numerous written comments were ICCAT, while not adding to the burden weeks prior to the commencement of received by mail and fax. The following of fishermen. This could be the tournament. This interim rule also summarizes and responds only to accomplished through better increases minimum size limits for the comments addressing billfish communication with the HMS retention of BUM (96 inches (244 cm) tournament requirements. Management Division and the Office of LJFL) and WHM (66 inches (168 cm) Comment: South Carolina Department Sustainable Fisheries, NMFS, and the LJFL). of Natural Resources (SCDNR) Virgin Island’s Division of Fish and On July 28, 1997, NMFS received a comments that unless HMS tournaments Wildlife. petition for rulemaking from NFI. NMFS are required to secure a Federal license, Response: NMFS agrees that announced receipt of the petition in a and NMFS specifically monitors cooperative efforts could improve data Federal Register notice on August 28, competitive events and levies fines for collection while reducing the 1997 (62 FR 45614) and made copies violations, the program will not provide administrative burden; however, a available to interested parties, including good data. They requested clarification uniform data collection system is members of the Billfish AP. This interim on the tournament selection process and needed to provide statistically reliable rule directly responds to one of the expressed concern that if only the information for monitoring of billfish points made in the petition, which largest, most visible events are chosen it landings throughout U.S. waters, recommends mandatory registrations would not accurately reflect true catch including the Caribbean Sea. and reporting for all billfish and effort for HMS. SCDNR also At their January, 1998 meeting, the tournaments. Under NOAA expressed concern that South Carolina Billfish AP urged NMFS to implement Administrative Order 205–11, 7.01, tournaments would be targeted at a these measures (recommended by dated December 17, 1990, the Under higher rate because the State has made ICCAT in November 1997) before the Secretary for Oceans and Atmosphere the effort to identify these events and start of billfish tournament season has delegated authority to sign material that the proposed action would require (March 1998). NMFS agrees that it is for publication in the Federal Register extensive funding and manpower, necessary to implement the 1997 ICCAT to the Assistant Administrator for neither of which are available. recommendation as soon as possible to Fisheries, NOAA. Response: Directors of HMS assess the effects of these measures Classification tournaments are required to register throughout the entire billfish fishing with the Science Director and NMFS season, and to be in compliance with NMFS issues this interim rule, will develop a statistically based the ICCAT recommendation. effective for 180 days, as authorized by sampling program. Under such a While the focus of the ICCAT section 305(c) of the Magnuson-Stevens program, states with a higher proportion recommendation is on landings, the Act. This interim rule may be extended of tournaments will likely be selected greatest source of billfish mortality in for an additional 180 days provided the more often. However, the burden is the United States is from dead discards public has had an opportunity to minimal since the report largely consists in the longline fishery. These are closely comment on the interim rule and, at the of information readily available to monitored through observer and time of extension, a plan amendment or tournament directors. logbook data, and fully reported to proposed regulations to address the Comment: The North Carolina ICCAT. NMFS will continue to monitor overfishing on a permanent basis is Fisheries Association, Inc., comments this source of mortality and will work being actively pursued. Public that it is unclear why only tournaments with the Billfish AP to consider comments on this interim rule will be selected by NMFS are required to report measures to reduce longline dead considered in determining whether to landings, since small tournaments (<200 discards. maintain or extend this interim rule to boats) can have substantial landings of NMFS has determined that the address overfishing of BUM and WHM. HMS. measures recommended by the Billfish Responses to comments will be Response: The tournament reporting AP are based on the best available provided if the interim rule is revoked, program will comprise a statistically scientific information to prevent further modified, or extended. based sample drawn from all overfishing, and to implement ICCAT As required in the Magnuson-Stevens tournaments registered with the Science recommendations. Given the overfished Act, an amendment to the Billfish FMP Director. status of both BUM and WHM as addressing the overfished nature of Comment: The National Fisheries described in the 1997 ‘‘Report to these species must be prepared, and Institute (NFI) suggests that NMFS Congress: Status of Fisheries in the submitted to the Secretary of Commerce require landing and fishing effort United States,’’ NMFS is implementing by September 30, 1998. NMFS is reports for all recreational HMS these measures under section 305(c) of currently preparing an amendment to tournaments. the Magnuson-Stevens Act. The interim the Billfish FMP outlining a rebuilding Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14033 plan and concomitant management requirements of the Paperwork Current strategies. The amendment is being Reduction Act (PRA) unless that OMB developed using the best possible collection of information displays a control CFR part or section where the in- number science, the Billfish AP, and various currently valid Office of Management formation collection requirements (all num- outreach forums to ensure public input and Budget Control Number. This is located bers into this process. interim rule contains a collection-of- begin The Assistant Administrator for with information requirement subject to the 0648) Fisheries, NOAA (AA), has determined PRA. Fishing tournament registration that this interim rule is necessary to and selective reporting in § 644.10 have reduce overfishing of BUM and WHM, been approved by OMB under control ***** and will also serve to implement 1997 50 CFR ICCAT recommendations. The interim number 0648–0323 and is estimated at 10 minutes per report. Send comments rule is consistent with the Magnuson- ***** Stevens Act and other applicable laws. regarding this burden estimate or any 644.10 ...... ±0323 The actions set forth in this interim other aspect of this collection-of- rule respond to the over-exploitation of information requirement including ***** these resources in the Atlantic Ocean, suggestions on how to reduce or and the need to improve current eliminate this burden to NMFS and 50 CFR Chapter VI monitoring, data collection, and OMB (see ADDRESSES). PART 644ÐATLANTIC BILLFISHES reporting procedures, as well as Because prior notice and an promote the release of live billfish. The opportunity for public comment are not 3. The authority citation for part 644 United States is also obligated, under required to be provided for this interim continues to read as follows: ATCA, to implement ICCAT rule by 5 U.S.C. 553, or any other law, recommendations for 1998. Failure to Authority: 16 U.S.C. 1801 et seq. the analytical requirements of the implement these actions in a timely 4. In part 644, § 644.5 is suspended Regulatory Flexibility Act, 5 U.S.C. 601 manner now might result in failure to and § 644.10 is added, effective from et seq., are inapplicable. meet ICCAT obligations and increase March 27, 1998 through September 23, the need for more severe restrictions in List of Subjects 1998, to read as follows: the future. Accordingly, pursuant to authority set 15 CFR Part 902 § 644.10 Recordkeeping and reporting. forth at 5 U.S.C. 553(b)(B), the AA finds A person conducting a fishing that these reasons constitute good cause Reporting and recordkeeping tournament involving score keeping or to waive the requirement to provide requirements. awards for the capture of Atlantic prior notice and the opportunity for 50 CFR Part 644 billfish, regardless of whether retained, prior public comment, as such from a port in an Atlantic, Gulf of procedures would be contrary to the Fisheries, Fishing, Reporting and Mexico, or Caribbean state must notify public interest. Further, the measures recordkeeping requirements. the Science Director of the purpose, have been discussed publicly; the AP Dated: March 18, 1998. dates, and location of the tournament by meeting during which these measures letter postmarked, or fax dated, at least were recommended in January 1998 was David L. Evans, 4 weeks prior to commencement. If open to the public. Since the billfish Deputy Assistant Administrator for Fisheries, selected in writing by the Science tournament season begins in March National Marine Fisheries Service. Director for reporting, that person must 1998, the need to implement these For the reasons set out in the maintain and submit a fishing record on measures in a timely manner to address preamble, 15 CFR chapter IX and 50 forms available from the Science the overfishing of BUM and WHM CFR chapter VI are amended as follows: Director for each day of fishing in the constitutes good cause under 5 U.S.C. tournament. Completed forms must be 15 CFR Chapter IX 553(d)(3) to waive the 30-day delay in submitted to the Science Director effectiveness. NMFS makes this rule PART 902ÐNOAA INFORMATION postmarked not later than the seventh effective March 27, 1998. To ensure COLLECTION REQUIREMENTS UNDER day after the conclusion of the wide distribution of the increase in THE PAPERWORK REDUCTION ACT: tournament and must be accompanied minimum size limits for BUM and OMB CONTROL NUMBERS by a copy of the tournament rules. WHM and new tournament notification (a) The following information must be requirements, NMFS will work with the 1. The authority citation for part 902 included on each form: Billfish AP, recreational fishing (1) Tournament name. continues to read as follows: organizations, sportfishing media, and (2) Recorder’s name and telephone fishing tournaments known to involve Authority: 44 U.S.C. 3501 et seq. number. billfish, to notify affected entities of the (3) Date for which the information is interim measures as quickly as 2. In § 902.1, paragraph (b) the table recorded. practicable. In addition, notice will be is amended by adding in numerical (4) Hours fished (time from first line provided through the HMS FAX order, the following entry to read as in the water to last line out of the water). network. follows: (5) Name of each vessel fishing that This interim rule has been determined day. § 902.1 OMB control numbers assigned (6) For each vessel listed, the species to be not significant for purposes of E.O. pursuant to the Paperwork Reduction Act. 12866. of each billfish boated or released. Notwithstanding any other provision * * * * * (7) The weight and length of each of law, no person is required to respond (b) * * * billfish brought ashore. to nor shall a person be subject to a (8) The name, address, and signature penalty for failure to comply with a of the tournament director. collection of information subject to the (9) The date signed. 14034 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations

(b) In addition to the information Enforcement, Federal Trade Because manufacturers regularly add required to be reported by paragraph (a) Commission, Washington, D.C. 20580 new models to their lines, improve of this section, the following (202–326–3035). existing models, and drop others, the information is desired, but is not SUPPLEMENTARY INFORMATION: The data base from which the ranges of mandatory: Appliance Labeling Rule (‘‘Rule’’) was comparability are calculated is (1) Prevailing weather conditions on issued by the Commission in 1979 (44 constantly changing. Under § 305.10 of the day reported, such as wind speed FR 66466 (Nov. 19, 1979)) in response the Rule, to keep the required and direction, and sea height and to a directive in the Energy Policy and information on labels consistent with direction. Conservation Act of 1975 (42 U.S.C. these changes, the Commission (2) Whether a tag was attached before 1 6294). The Rule covers eight categories publishes new ranges (but not more the billfish was released. of major household appliances: 5. Section 644.21 is amended by often than annually) if an analysis of the Refrigerators and refrigerator-freezers, new information indicates that the suspending paragraphs (a) and (d) and freezers, dishwashers, clothes washers, upper or lower limits of the ranges have adding paragraph (e) effective from water heaters, room air conditioners, changed by more than 15%. Otherwise, March 27, 1998 through September 23, furnaces, and central air conditions. The 1998, to read as follows: Rule also covers pool heaters (59 FR the Commission publishes a statement that the prior ranges remain in effect § 644.21 Size limits. 49556 (Sept. 28, 1994)) and contains requirements that pertain to fluorescent until new ranges of comparability are * * * * * lamp ballasts (54 FR 28031 (July 5, published. (e) The following minimum size 1989)), certain plumbing products (58 The annual submissions of data for limits, expressed in terms of lower jaw- FR 54955 (Oct. 25, 1993)), and certain fork length (LJFL), apply for the refrigerators, refrigerator-freezers, and lighting products (59 FR 25176 (May 13, freezers have been made and have been possession of billfish shoreward of the 1994, eff. May 15, 1995)). outer boundary of the EEZ, regardless of analyzed by the Commission. The The Rule requires manufacturers of all ranges of comparability for these where caught: covered appliances and pool heaters to (1) Blue marlin—96 inches (244 cm) products have not changed by more disclose specific energy consumption or than 15% from the current ranges for (2) White marlin—66 inches (168 cm) efficiency information (derived from the refrigerators, refrigerator-freezers, and (3) Sailfish—57 inches (145 cm) DOE test procedures) at the point of sale freezers, which were published on [FR Doc. 98–7629 Filed 3–23–98; 8:45 am] in the form of an ‘‘EnergyGuide’’ label November 13, 1995, and became BILLING CODE 3510±22±P and in catalogs. It also requires manufacturers of furnaces, central air effective on February 12, 1996 (60 FR conditioners, and heat pumps either to 56945). Therefore, the current ranges will remain in effect until new ranges of FEDERAL TRADE COMMISSION provide fact sheets showing additional cost information, or to be listed in an comparability are published for 16 CFR Part 305 industry directory showing the cost refrigerators, refrigerator-freezers, and information for their products. The Rule freezers. As of the effective date of the Rule Concerning Disclosures requires that manufacturers include, on current ranges (February 12, 1996), the Regarding Energy Consumption and labels and fact sheets, an energy disclosures of estimated annual Water Use of Certain Home Appliances consumption or efficiency figure and a operating cost required at the bottom of and Other Products Required Under ‘‘range of comparability.’’ This range EnergyGuides for refrigerators, the Energy Policy and Conservation shows the highest and lowest energy refrigerator-freezers, and freezers must Act (``Appliance Labeling Rule'') consumption or efficiencies for all be based on the 1995 Representative comparable appliance models so Average Unit Costs of Energy for AGENCY: Federal Trade Commission. consumers can compare the energy electricity (8.67 cents per kilowatt-hour) ACTION: Notice of continuing effect. consumption or efficiency of other that was published by DOE on January SUMMARY: The Federal Trade models (perhaps competing brands) 5, 1995 (60 FR 1773), and by the Commission (‘‘Commission’’) similar to the labeled model. The Rule Commission on February 17, 1995 (60 announces that the current, 1995 ranges requires that manufacturers also FR 9295). Because the current ranges of comparability for refrigerators, include, on labels for some products, a will remain in effect until new ranges refrigerator-freezers, and freezers will secondary energy usage disclosure in are published, this requirement to use remain in effect until new ranges of the form of an estimated annual the 1995 DOE cost for electricity (8.67 comparability are published for these operating cost based on a specified DOE cents per kilowatt-hour) also will national average cost for the fuel the products. The Commission also remain in effect until new ranges of announces that manufacturers must appliance uses. Section 305.8(b) of the Rule requires comparability are published for continue to base the disclosures of manufacturers, after filing an initial refrigerators, refrigerator-freezers, and estimated annual operating cost report, to report annually (by specified freezers. required at the bottom of EnergyGuides dates for each product type 2) the for refrigerators, refrigerator-freezers, List of Subjects in 16 CFR Part 305 estimated annual energy consumption and freezers on the 1995 Representative or energy efficiency ratings for the Advertising, Energy conservation, Average Unit Costs of Energy for appliances derived from tests performed Household appliances, Labeling, electricity (8.67 cents per kilowatt-hour) pursuant to the DOE test procedures. Reporting and recordkeeping that was published by the Department of requirements. Energy (‘‘DOE’’) on January 5, 1995 (60 1 The statute also requires DOE to develop test FR 1773), and by the Commission on procedures that measure how much energy the Authority February 17, 1995 (60 FR 9295). appliances use, and to determine the representative EFFECTIVE DATE: March 24, 1998. average cost a consumer pays for the different types The authority citation for Part 305 of energy available. continues to read as follows: FOR FURTHER INFORMATION CONTACT: 2 Reports for refrigerators, refrigerator-freezers, James Mills, Attorney, Division of and freezers are due August 1. Authority: 42 U.S.C. 6294. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14035

By direction of the Commission. § 558.355 [Amended] the Commissioner of Food and Drugs, Donald S. Clark, 2. Section 558.355 Monensin is 21 CFR chapter I is amended as follows: Secretary. amended by removing and reserving 1. Parts 101, 102, 106, 114, 130, 131, [FR Doc. 98–7596 Filed 3–23–98; 8:45 am] paragraph (c). 133, 135, 136, 137, 139, 145, 146, 150, 155, 156, 160, 161, 163, 164, 166, 168, BILLING CODE 6750±01±M Dated: March 12, 1998. and 169 are amended by removing Andrew J. Beaulieau, ‘‘Association of Official Analytical Acting Director, Office of New Animal Drug Chemists, 2200 Wilson Blvd., suite 400, DEPARTMENT OF HEALTH AND Evaluation, Center for Veterinary Medicine. HUMAN SERVICES Arlington, VA 22201–3301’’ wherever it [FR Doc. 98–7495 Filed 3–23–98; 8:45 am] appears and by adding in its place Food and Drug Administration BILLING CODE 4160±01±F ‘‘Association of Official Analytical Chemists International, 481 North 21 CFR Part 528 Frederick Ave., suite 500, Gaithersburg, DEPARTMENT OF HEALTH AND MD 20877–2504.’’ New Animal Drugs For Use In Animal HUMAN SERVICES Feeds; Monensin; Technical Dated: March 16, 1998. Amendment Food and Drug Administration William K. Hubbard, Associate Commissioner for Policy AGENCY: Food and Drug Administration, 21 CFR Chapter I Coordination. HHS. [FR Doc. 98–7494 Filed 3–23–98; 8:45 am] ACTION: Final rule; technical Change of Name and Address; amendment. Technical Amendment BILLING CODE 4160±01±F

SUMMARY: The Food and Drug AGENCY: Food and Drug Administration, Administration (FDA) is amending the HHS. DEPARTMENT OF HEALTH AND HUMAN SERVICES animal drug regulations for monensin ACTION: Final rule; technical by removing the duplicate assay limits amendment. Food and Drug Administration that appear in the regulations. This action is necessary to ensure the SUMMARY: The Food and Drug 21 CFR Parts 524 and 556 accuracy and consistency of the Administration (FDA) is amending its regulations. regulations to reflect a change in the Animal Drugs, Feeds, and Related EFFECTIVE DATE: March 24, 1998. name and address for the Association of Products; Moxidectin FOR FURTHER INFORMATION CONTACT: Official Analytical Chemists International (AOAC). This action is AGENCY: Food and Drug Administration, David L. Gordon, Center for Veterinary HHS. Medicine (HFV–6), Food and Drug editorial in nature, and is intended to ACTION: Final rule. Administration, 7500 Standish Pl., provide accuracy and clarity to the agency’s regulations. Rockville, MD 20855, 301–594–1739. SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION: In the EFFECTIVE DATE: March 24, 1998. Administration (FDA) is amending the animal drug regulations, provisions for FOR FURTHER INFORMATION CONTACT: animal drug regulations to reflect the assay limits for monensin liquid LaJuana D. Caldwell, Office of Policy approval of a new animal drug feeds were established in the regulations (HF–27), Food and Drug application (NADA) filed by Fort Dodge for medicated feed applications in Administration, 5600 Fishers Lane, Animal Health. The NADA provides for § 558.4(d) (21 CFR 558.4(d)) in the Rockville, MD 20857, 301–443–2994. topical use of a 0.5 percent solution of Category I table and in the monensin SUPPLEMENTARY INFORMATION: FDA is moxidectin on cattle for treatment and regulation in § 558.355(c) (21 CFR amending its regulations in 21 CFR control of infections and infestations of 558.355(c)). In issuing the medicated parts 101, 102, 106, 114, 130, 131, 133, certain internal and external parasites. feed regulations, assay limits were 135, 136, 137, 139, 145, 146, 150, 155, EFFECTIVE DATE: March 24, 1998. relegated to § 558.4(d) in the Federal 156, 160, 161, 163, 164, 166, 168, and FOR FURTHER INFORMATION CONTACT: Register of March 3, 1986 (51 FR 7382 169 to reflect a change in the name and Estella Z. Jones, Center for Veterinary at 7393). Inadvertently, the monensin address for AOAC. The current name Medicine (HFV–135), Food and Drug liquid feed assay limits were also and address listed in certain of FDA’s Administration, 7500 Standish Pl., established in § 558.355(c). At this time, regulations for AOAC is Association of Rockville, MD 20855, 301–594–1643. those limits in § 558.355(c) are removed Official Analytical Chemists, 2300 SUPPLEMENTARY INFORMATION: Fort and the paragraph reserved. Wilson Blvd., suite 400, Arlington, VA Dodge Animal Health, P.O. Box 400, List of Subjects in 21 CFR Part 558 22201–3301. The new name and address Princeton, NJ 08543–0400, filed NADA is Association of Official Analytical 141–099 that provides for use of Animal drugs, Animal feeds. Chemists International, 481 North  Therefore, under the Federal Food, Cydectin moxidectin 0.5 percent pour- Frederick Ave., suite 500, Gaithersburg, on for beef and non-lactating dairy cattle Drug, and Cosmetic Act and under MD 20877–2504. authority delegated to the Commissioner at 500 micrograms moxidectin per of Food and Drugs and redelegated to Publication of this document kilogram of body weight for treatment the Center for Veterinary Medicine, 21 constitutes final action on these changes and control of infections and CFR part 558 is amended as follows: under the Administrative Procedure Act infestations of certain gastrointestinal (5 U.S.C. 553). Notice and public roundworms, lungworms, cattle grubs, PART 558ÐNEW ANIMAL DRUGS FOR procedure are unnecessary because FDA mites, lice, and horn flies. The NADA is USE IN ANIMAL FEEDS is merely correcting nonsubstantive approved as of January 28, 1998, and the errors. regulations are amended by adding 1. The authority citation for 21 CFR Therefore, under the Federal Food, § 524.1451 to reflect the approval. The part 558 continues to read as follows: Drug, and Cosmetic Act (21 U.S.C. 301 basis for approval is discussed in the Authority: 21 U.S.C. 360b, 371. et seq.) and under authority delegated to freedom of information summary. 14036 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations

In addition, a tolerance for residues of § 524.1451 Moxidectin. Dated: March 13, 1998. moxidectin in edible tissues of cattle (a) Specifications. Each milliliter Stephen F. Sundlof, has not been previously established. At contains 5 milligrams of moxidectin (0.5 Director, Center for Veterinary Medicine. this time, a tolerance for moxidectin in percent solution). [FR Doc. 98–7504 Filed 3–23–98; 8:45 am] edible cattle tissues is established in (b) Sponsor. See No. 000856 in BILLING CODE 4160±01±F new section § 556.426. § 510.600(c) of this chapter. In accordance with the freedom of information provisions of 21 CFR part (c) Related tolerances. See § 556.426 DEPARTMENT OF TRANSPORTATION 20 and 514.11(e)(2)(ii)), a summary of of this chapter. (d) Conditions of use. (1) Amount. 0.5 safety and effectiveness data and Coast Guard information submitted to support milligrams moxidectin per kilogram (2.2 approval of this application may be seen pounds) of body weight. 33 CFR Part 100 in the Dockets Management Branch (2) Indications for use. Beef and non- (HFA–305), Food and Drug lactating dairy cattle for treatment and [CGD 05±98±016] Administration, 12420 Parklawn Dr., control of internal and external Special Local Regulations for Marine rm. 1–23, Rockville, MD 20857, between parasites: gastrointestinal roundworms Events; Approaches to Annapolis 9 a.m. and 4 p.m., Monday through (Ostertagia ostertagi (adult and L4, Harbor, Spa Creek, and Severn River, Friday. including inhibited larvae), Annapolis, MD Under section 512(c)(2)(F)(ii) of the Haemonchus placei (adult), Federal Food, Drug, and Cosmetic Act, Trichostrongylus axei (adult and L4), T. AGENCY: Coast Guard, DOT. this approval qualifies for 3 years of colubriformis (adult), Cooperia ACTION: Notice of implementation. marketing exclusivity beginning January oncophora (adult), C. punctata (adult), 28, 1998, because the application Bunostomum phlebotomum (adult), SUMMARY: This notice implements the contains substantial evidence of the Oesophagostomum radiatum (adult), special local regulations for the 19th effectiveness of the drug involved, any Nematodirus helvetianus (adult)); Annual Safety at Sea Seminar, an studies of animal safety or, in the case lungworms (Dictyocaulus viviparus, annual marine event to be held March of food-producing animals, human food adult and L4); cattle grubs (Hypoderma 28, 1998, on Spa Creek and the Severn safety studies (other than bovis, H. lineatum); mites (Chorioptes River at Annapolis, Maryland. These bioequivalence or residue studies) bovis, Psoroptes ovis (P. Communis var. special local regulations are necessary to required for approval of the application bovis)); lice (Linognathus vituli, control vessel traffic in the vicinity of and conducted or sponsored by the Haematopinus eurysternus, Solenopotes the U.S. Naval Academy due to the applicant. capillatus, Damalinia bovis); and horn confined nature of the waterway and The agency has carefully considered flies (Haematobia irritans). To control expected vessel congestion during the the potential environmental effects of infections and to protect from fireworks display and helicopter rescue this action. FDA has concluded that the reinfection with O. ostertagi for 28 days demonstration. The effect will be to action will not have a significant impact after treatment and with D. viviparus for restrict general navigation in the on the human environment, and that an 42 days after treatment. regulated area for the safety of environmental impact statement is not (3) Limitations. Apply topically along spectators, event participants, and other required. The agency’s finding of no the top of the back from the withers to vessels transiting the event area. significant impact and the evidence the tailhead. Because a withdrawal time EFFECTIVE DATES: 33 CFR 100.511 is supporting that finding, contained in an for milk has not been established, do not effective from 11:30 a.m. to 3 p.m. on environmental assessment, may be seen use on female dairy cattle of breeding March 28, 1998. in the Dockets Management Branch age. A withdrawal period has not been FOR FURTHER INFORMATION CONTACT: (address above) between 9 a.m. and 4 established for this product on Chief Warrant Officer R.L. Houck, p.m., Monday through Friday. preruminating calves. Do not use on Marine Events Coordinator, List of Subjects calves to be processed for veal. Consult Commander, Coast Guard Activities your veterinarian for assistance in the Baltimore, 2401 Hawkins Point Road, 21 CFR Part 524 diagnosis, treatment, and control of Baltimore, MD 21226–1971, (410) 576– Animal drugs. parasitism. 2674. SUPPLEMENTARY INFORMATION: 21 CFR Part 556 PART 556ÐTOLERANCES FOR The U.S. RESIDUES OF NEW NEW ANIMAL Naval Academy Sailing Squadron will Animal drugs, Foods. sponsor the 19th Annual Safety at Sea Therefore, under the Federal Food, DRUGS IN FOOD Seminar on the Severn River, near the Drug, and Cosmetic Act and under the U.S. Naval Academy, Annapolis, authority delegated to the Commissioner 3. The authority citation for 21 CFR Maryland. Waterborne activities will of Food and Drugs and redelegated to part 556 continues to read as follows: include demonstrations of life rafts, the Center for Veterinary Medicine, 21 Authority: 21 U.S.C. 342, 360b, 371. pyrotechnics, man overboard CFR parts 524 and 556 are amended as 4. Section 556.426 is added to read as procedures, and a helicopter rescue. follows: follows: In order to ensure the safety of participants and transiting vessels, 33 PART 524ÐOPHTHALMIC AND § 556.426 Moxidectin. TOPICAL DOSAGE FORM NEW CFR 100.511 will be in effect for the ANIMAL DRUGS An acceptable daily intake (ADI) of 4 duration of the event. Under provisions micrograms per kilogram per day in of 33 CFR 100.511, a vessel may not 1. The authority citation for 21 CFR tissue is established. A tolerance is enter the regulated area unless it part 524 continues to read as follows: established for parent moxidectin in receives permission from the Coast Authority: 21 U.S.C. 360b. edible tissues of cattle of 50 parts per Guard Patrol Commander. Spectator 2. Section 524.1451 is added to read billion in muscle and 200 parts per vessels may anchor outside the as follows: billion in liver. regulated area but may not block a Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14037 navigable channel. Because these requesting a temporary deviation from Advisor, Education Service, Veterans restrictions will be in effect for a limited the normal operation of the bridge in Benefits Administration, 202–273–7187. period, they should not result in a order to accommodate the maintenance SUPPLEMENTARY INFORMATION: In a significant disruption of maritime work. The maintenance work involves document published in the Federal traffic. removing, repairing, and replacing the Register on September 18, 1997 (62 FR Dated: March 6, 1998. handrails and stringers damaged in a 48969), VA proposed to amend the ‘‘All recent allision. This work is essential for J.S. Carmichael, Volunteer Force Educational Assistance the continued safe operation of the draw Program (Montgomery GI Bill—Active Captain, U.S. Coast Guard, Acting span. Commander, Fifth Coast Guard District. Duty)’’ regulations set forth at 38 CFR This deviation allows the draw of the part 21, subpart K. We proposed to [FR Doc. 98–7633 Filed 3–23–98; 8:45 am] L&N bascule bridge to remain in the reduce the number of reports required of BILLING CODE 4910±15±M closed-to-navigation position from 8 a veteran pursuing a program of a.m. to noon and from 1 p.m. to 5 p.m. education under the Montgomery GI on April 1 and April 2. The bridge will DEPARTMENT OF TRANSPORTATION Bill—Active Duty (MGIB), and also to open for the passage of vessels from reduce the number of reports that an Coast Guard noon to 1 p.m. on April 1 and April 2. educational institution has to make to The bridge will also open for the VA if it has veterans enrolled under the 33 CFR Part 117 passage of vessels from 5 p.m. on April MGIB. In summary, a veteran would no 1 until 8 a.m. on April 2. With the draw longer have to submit a monthly [CGD 08±98±011] in the closed-to-navigation position, verification of pursuit of a program of vessels requiring vertical clearances of Drawbridge Operating Regulation; education if he or she either received an greater than one foot above high water Inner Harbor Navigation Canal, New advance payment covering that month will be delayed a maximum of four Orleans, LA or received a lump sum payment for hours. that month. In addition, neither the AGENCY: Coast Guard, DOT. This deviation will be effective from veteran nor the educational institution ACTION: Notice of temporary deviation 8 a.m. April 1, 1998, through 5 p.m. would have to report to VA if the from regulations. April 2, 1998. Presently, the draw opens veteran is enrolled as a full-time student on signal at any time, as required by 33 for a standard term, and either increases SUMMARY: The Commander, Eighth CFR 117.5. or decreases the number of credit hours Coast Guard District has issued a Dated: March 13, 1998. being pursued without changing his or temporary deviation from the regulation T.W. Josiah, her full-time student status. governing the operation of the L&N Rear Admiral, U.S. Coast Guard Commander, Interested persons were given 60 days bascule drawbridge across the Inner Eighth Coast Guard District. to submit comments. No comments Harbor Navigation Canal, mile 2.9 at [FR Doc. 98–7635 Filed 3–23–98; 8:45 am] were received. Based on the rationale New Orleans, Orleans Parish, Louisiana. BILLING CODE 4910±15±M set forth in the proposed rule, we are This deviation allows the bridge to adopting the provisions of the proposed remain closed to navigation from 8 a.m. rule as a final rule. to noon; and from 1 p.m. to 5 p.m. on DEPARTMENT OF VETERANS Paperwork Reduction Act of 1995 Wednesday April 1, 1998 and Thursday AFFAIRS April 2, 1998. Presently, the draw is Information collection and required to open on signal. This 38 CFR Part 21 recordkeeping requirements associated with this final rule concerning temporary deviation is issued to allow RIN 2900±AI58 for the repairs to the handrails and requirements that in certain instances a sidewalk stringers damaged in a recent Veterans Education: Reduction in veteran pursuing a program of education allision. Required Reports under the MGIB must verify pursuit DATES: monthly, in 38 CFR 21.7154 and This deviation is effective from AGENCY: Department of Veterans Affairs. 8 a.m. on April 1, 1998 through 5 p.m. 21.7156(a), have been approved by the ACTION: Final rule. on April 2, 1998. Office of Management and Budget (OMB) under the provisions of the FOR FURTHER INFORMATION CONTACT: Mr. SUMMARY: This document amends the Paperwork Reduction Act (44 U.S.C. David Frank, Bridge Administration educational assistance and educational 3501–3520) and have been assigned Branch, Commander (ob), Eighth Coast benefits regulations of the Department OMB control number 2900–0465. Guard District, 501 Magazine Street, of Veterans Affairs (VA). It changes the Furthermore, information collection New Orleans, Louisiana, 70130–3396, nature of the information to be reported and recordkeeping requirements telephone number 504–589–2965. by veterans and servicemembers associated with this final rule SUPPLEMENTARY INFORMATION: The L&N receiving educational assistance under concerning requirements for reporting bascule drawbridge across the Inner the Montgomery GI Bill—Active Duty changes in enrollment, which require Harbor Navigation Canal, mile 2.9, in program and the number of reports that in most instances both veterans and New Orleans, Orleans Parish, Louisiana, required of educational institutions in educational institutions must report to has a vertical clearance of one foot which these veterans and VA without delay interruptions, above high water in the closed-to- servicemembers are enrolled. These terminations, or changes in hours of navigation position and unlimited changes will streamline the operation of credit or attendance, in 38 CFR clearance in the open-to-navigation this program, and reduce the 21.7156(b), have been approved by OMB position. Navigation on the waterway information collection burden for this under the provisions of the Paperwork consists of tugs with small ships, tows, program, while maintaining the Reduction Act and have been assigned fishing vessels, sailing vessels, and program’s integrity. OMB control number 2900–0156. other recreational craft. The Board of DATES: Effective Date: April 23, 1998. OMB assigns control numbers to Commissioners of the Port of New FOR FURTHER INFORMATION CONTACT: collections of information it approves. Orleans sent a letter to the Coast Guard William G. Susling, Jr., Education VA may not conduct or sponsor, and a 14038 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations person is not required to respond to, a its place, ‘‘period; and’’; paragraph (a) is redesignated paragraph (b)(3) is revised, collection of information unless it added, a parenthetical at the end of the to read as follows: displays a currently valid OMB control section is added, and the introductory number. The valid OMB control number text for the section, the paragraph § 21.7156 Other required reports. assigned to each collection of heading for newly redesignated (a) Reports from veterans and information in this final rule is paragraph (b), and newly redesignated servicemembers. (1) A veteran or displayed at the end of each affected paragraph (b)(1) are revised, to read as servicemember enrolled full time in a section of the regulations. follows: program of education for a standard term, quarter, or semester must report Regulatory Flexibility Act § 21.7154 Pursuit and absences. without delay to VA: The Secretary of Veterans Affairs Except as provided in this section, an (i) A change in his or her credit hours hereby certifies that this final rule will individual must submit a verification to or clock hours of attendance if that not have a significant economic impact VA each month of his or her enrollment change would result in less than full- on a substantial number of small entities during the period for which the time enrollment; as they are defined in the Regulatory individual is to be paid. This (ii) Any change in his or her pursuit Flexibility Act, 5 U.S.C. 601–612. This verification shall be in a form prescribed that would result in less than full-time final rule will have only minuscule by the Secretary. enrollment; and effects on the activity of any educational (a) Exceptions to the monthly (iii) Any interruption or termination institution. Pursuant to 5 U.S.C. 605(b), verification requirement. An individual of his or her attendance. this final rule, therefore, is exempt from does not have to submit a monthly (2) A veteran or servicemember not the initial and final regulatory flexibility verification as described in the described in paragraph (a)(1) of this analyses requirements of §§ 603 and introductory text of this section when section must report without delay to 604. the individual— VA: The Catalog of Federal Domestic (1) Is enrolled in a correspondence (i) Any change in his or her credit Assistance number for the program course; hours or clock hours of attendance; affected by this final rule is 64.124. (2) Has received a lump-sum payment (ii) Any change in his or her pursuit; for the training completed during a and List of Subjects in 38 CFR Part 21 month; or (iii) Any interruption or termination Administrative practice and (3) Has received an advance payment of his or her attendance. procedure, Armed forces, Civil rights, for the training completed during a (Authority: 38 U.S.C. 3680(g)) Claims, Colleges and universities, month. (b) Interruptions, terminations, or Conflict of interests, Defense (Authority: 38 U.S.C. 3034, 3684) changes in hours of credit or Department, Education, Employment, attendance. (1) Except as provided in Grant programs-education, Grant (b) Items to be reported on all monthly verifications. (1) The monthly paragraph (b)(2) of this section, an programs-veterans, Health care, Loan educational institution must report programs-education, Loan programs- verification for all veterans and servicemembers will include a report on without delay to VA each time a veteran veterans, Manpower training programs, or servicemember: Reporting and recordkeeping the following items when applicable: (i) Continued enrollment in and (i) Interrupts or terminates his or her requirements, Schools, Travel and training for any reason; or transportation expenses, Veterans, actual pursuit of the course; (ii) The individual’s unsatisfactory (ii) Changes his or her credit hours or Vocational education, Vocational clock hours of attendance. rehabilitation. conduct, progress, or attendance; (iii) The date of interruption or (2) An educational institution does Approved: March 17, 1998. termination of training; not need to report a change in a Togo D. West, Jr., (iv) Changes in the number of credit veteran’s or servicemember’s hours of Acting Secretary. hours or in the number of clock hours credit or attendance when: (i) The veteran or servicemember is For the reasons set out above, 38 CFR of attendance other than those described in § 21.7156(a); enrolled full time in a program of part 21 (subpart K) is amended as set education for a standard term, quarter, forth below: (v) Nonpunitive grades; and (vi) Any other changes or or semester before the change; (ii) The veteran or servicemember PART 21ÐVOCATIONAL modifications in the course as certified continues to be enrolled full time after REHABILITATION AND EDUCATION at enrollment. the change; and * * * * * (iii) The tuition and fees charged to Subpart KÐAll Volunteer Force (The information collection requirements in the servicemember have not been Educational Assistance Program this section have been approved by the Office adjusted as a result of the change. (Montgomery GI BillÐActive Duty) of Management and Budget under control number 2900–0465.) (Authority: 38 U.S.C. 3034, 3684) 1. The authority citation for part 21, 3. In § 21.7156, the introductory text (3) If the change in status or change subpart K continues to read as follows: and paragraph (a) introductory text are in number of credit hours or clock hours Authority: 38 U.S.C. 501(a), chs. 30, 36, removed; paragraphs (a)(1), (a)(2), (a)(3), of attendance occurs on a day other than unless otherwise noted. (b), and (c) are redesignated as one indicated by paragraph (b)(4) or 2. In § 21.7154, paragraphs (a) and (b) paragraphs (b)(3), (b)(4), (b)(5), (c), and (b)(5) of this section, the educational are redesignated as paragraphs (b) and (d), respectively; newly redesignated institution will initiate a report of the (c), respectively; newly redesignated paragraph (c)(2) is amended by change in time for VA to receive it paragraph (b)(2)(i) is amended by removing ‘‘(b)(1)’’ and adding, in its within 30 days of the date on which the removing ‘‘payment,’’ and adding, in its place, ‘‘(c)(1)’’; and the section heading change occurs. place, ‘‘payment;’’; newly redesignated is revised, paragraphs (a), (b)(1), and * * * * * paragraph (b)(2)(ii) is amended by (b)(2) are added, a parenthetical at the (The information collection requirements in removing ‘‘period, and’’ and adding, in end of the section is added, and newly paragraphs (a) and (b) of this section have Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14039 been approved by the Office of Management the public interest. Thus, we shall make Commission in the Third and Budget under control numbers 2900– this amendment effective upon Reconsideration Order. The incorrect 0465 and 2900–0156, respectively.) publication of this Order in the Federal date was published in several sections [FR Doc. 98–7648 Filed 3–23–98; 8:45 am] Register. In addition, entities with 10 of the final rules. This document BILLING CODE 8320±01±P GHz band applications pending when corrects the final rules to conform the this Order becomes effective may date with the Third Reconsideration implement conditional authorization Order, thereby changing the date from FEDERAL COMMUNICATIONS authority in accordance with Section April 27, 1998, to June 26, 1998. COMMISSION 101.31 as amended herein. On page 9448, in the final rules, correct the references to April 27, 1998, List of Subjects in 47 CFR Part 101 47 CFR Part 101 to read June 26, 1998, as follows: Communications equipment, Radio. 1. Column 1, § 101.57, paragraph [WT Docket No. 94±148 and CC Docket No. (a)(1)(ii)(B), line 4. 93±2; DA 98±349] Federal Communications Commission. Daniel B. Phythyon, 2. Column 2, § 101.103, paragraph Conditional Authorization Authority to Chief, Wireless Telecommunications Bureau. (b)(3), line 4. 3. Column 2, § 101.107, paragraph (a), Common Carrier and Private Richard M. Smith, footnote 8, line 5. Operational Fixed Microwave Services; Chief, Office of Engineering and Technology. Correction 4. Column 2, § 101.113, paragraph (a), [FR Doc. 98–7511 Filed 3–23–98; 8:45 am] footnote 8, line 5. AGENCY: Federal Communications BILLING CODE 6712±01±P 5. Column 3, § 101.147, paragraph (a), Commission. footnote 16, line 5. ACTION: Final rule; correction. 6. Column 3, § 101.147, introductory FEDERAL COMMUNICATIONS text of paragraph (u), line 10. SUMMARY: This document corrects COMMISSION 7. Column 3, § 101.803, paragraph (a), portions of the Supplementary 47 CFR Part 101 footnote 7, lines 5 and 11. Information that was published in the 8. Column 3, § 101.803, paragraph (d), Federal Register of March 5, 1998 (63 [CC Docket No. 92±297; FCC 98±15] footnote 9, lines 5 and 11. FR 10778). Federal Communications Commission. EFFECTIVE DATE: March 24, 1998. Reconsideration of the Rules and Policies for Local Multipoint Magalie Roman Salas, FOR FURTHER INFORMATION CONTACT: Distribution Service; Correction. Secretary. Shaun Maher of the Commission’s [FR Doc. 98–7510 Filed 3–23–98; 8:45 am] Wireless Telecommunications Bureau at AGENCY: Federal Communications BILLING CODE 6712±01±P (202) 418–0680. Commission. SUPPLEMENTARY INFORMATION: The ACTION: Final rule; correction. Federal Communications Commission SUMMARY: The Commission published in NATIONAL AERONAUTICS AND published a document amending SPACE ADMINISTRATION § 101.31(e) of the Commission’s rules to the Federal Register on February 25, 1998, a Third Order on Reconsideration provide for conditional authorization in 48 CFR Parts 1832 and 1852 the 10.6–10.68 GHz band (‘‘10 GHz (Third Reconsideration Order) in the band’’) under certain circumstances in Local Multipoint Distribution Service Contract Financing the Federal Register of March 5, 1998, (LMDS) proceeding. The final rules AGENCY: (63 FR 10778). This document corrects included a date by which certain Office of Procurement, Contract the Supplementary Information to give dismissed applications are permitted to Management Division, National a brief statement of the reasons for be refiled. The date inadvertently was Aeronautics and Space Administration expediting the effective date of miscalculated and was misstated in (NASA). § 101.31(e). In FR Doc. 98–5465, various sections of the rules. This ACTION: Final rule. published on March 5, 1998, (63 FR document corrects the date in the final SUMMARY: This final rule revises several 10778) make the following correction: rules. subparts in NASA’s Federal Acquisition On page 10779, a new paragraph 5 is EFFECTIVE DATE: March 24, 1998. Regulation Supplement (NFS). This rule added and paragraphs 5 and 6 are FOR FURTHER INFORMATION CONTACT: updates the designated points of redesignated as 6 and 7 to read as Barbara Reideler or Jay Whaley, 202– responsibility to reflect the transfer of follows: 418–1310. the finance policy function within the 5. We believe that the public interest SUPPLEMENTARY INFORMATION: The Headquarters Office of Procurement. will be served by permitting microwave Commission published a Third This rule also provides clarification to licensees in the 10 GHz band to avail Reconsideration Order in the Federal ease the use of the NFS and reflects the themselves of conditional authorization Register on February 25, 1998 (63 FR extension of certain Agency class authority at the earliest opportunity. 9443, FR Doc. 98–4750), to be effective deviations. Our decision here will allow for more on April 27, 1998. The final rules rapid delivery of 10 GHz band included a date by which certain EFFECTIVE DATE: March 24, 1998. microwave services to the marketplace. dismissed applications are permitted to FOR FURTHER INFORMATION CONTACT: Mr. Because this rule modification will be refiled under the terms and Joseph Le Cren, Telephone: (202) 358– make the authorization process less conditions of the Third Reconsideration 0444. restrictive, we, for good cause find that Order. The date inadvertently was SUPPLEMENTARY INFORMATION: public notice and comment are calculated as of 60 days from unnecessary and contrary to the public publication in the Federal Register, Background interest. We also believe that 30-day rather than 60 days from the effective The NASA Office of Procurement has advance publication of this amendment date of the Third Reconsideration Order, undergone reorganization, resulting in is likewise unnecessary and contrary to which was the date adopted by the the transfer of the policy responsibility 14040 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations for contract financing from the Analysis to such contracts over $25,000,000 1832.502±2 Contract finance office Division (HC) to the Contract previously approved by the clearance. Management Division (HK). This rule Headquarters Office of Procurement as The Director of the Headquarters revises the NFS to reflect this transfer of long as the advance payment amount Office of Procurement Contract responsibility. Also, the coverage at outstanding at any time is not increased. Management Division (Code HK) is the 1832.412 concerning the FAR Advance (B) The contracting officer is the approval authority for the actions at Payments clause was found to be approval authority for the following FAR 32.502–2, except the Associate difficult to follow. The revision of that actions. In these cases, a findings and Administrator for Procurement (Code section and the creation of NASA clause determination (see FAR 32.410) is not HK) is the approval authority for any 1852.232–70 are aimed at providing required. deviations addressed in FAR 32.502– greater clarity as to the modifications (a) Small Business Innovation 2(b). that should be made to the FAR clause. Research (SBIR) and Small Business That clause also clarifies that Standard Technology Transfer (STTR) Phase I 1832.702±70 [Amended] Form 272 and 272–A are to be contracts. A class deviation has been 7. In section 1832.702–70, paragraph submitted with the other information signed, effective through September 30, (e) is revised to read as follows: enumerated in the FAR 52.232–12 2000 (for SBIRs) and September 30, clause and its Alternate V, and that 2001 (for STTRs), authorizing use of 1832.702±70 NASA policy. advance payments on these contracts. those forms are not just the means by * * * * * which that information is to be The contracting officer shall annotate submitted. In addition, the Small the contract file that the deviation is on (e) A class deviation from the Business Technology Transfer (STTR) file at the NASA Headquarters Office of conditions set forth in paragraphs program was extended by Congress Procurement (Code HK). 1832.702–70 (a), (b) and (c) exists to through September 30, 2001. This rule (b) Expendable launch vehicle (ELV) permit incremental funding of contracts reflects the extension of the advance service contracts. 42 U.S.C. 2459c under Phase II of the Small Business payments and incremental funding class authorizes advance payments for these Innovation Research (SBIR) Program deviations for that program to coincide contracts. The contracting officer shall (through September 30, 2000) and Phase with the period of Congress’ extension. document the contract file with the II of the Small Business Technology rationale for approving the use of Transfer (STTR) program (through Impact advance payments. September 30, 2001). This deviation NASA certifies that this proposed * * * * * exists with the understanding that the regulation will not have a significant contracts will be fully funded when economic effect on a substantial number 1832.412 [Amended] funds become available. of small entities under the Regulatory 3. Section 1832.412 is revised to read Flexibility Act (5 U.S.C. 601 et.seq.). as follows: PART 1852ÐSOLICITATION This rule does not impose any reporting PROVISIONS AND CONTRACT or record keeping requirements subject 1832.412 Contract clause. (NASA CLAUSES supplement paragraphs (e) and (f)) to the Paperwork Reduction Act. (e) The contracting officer shall use 1852.232±70 [Added] List of Subjects in 48 CFR Parts 1832 Alternates IV and V when advance 8. Section 1852.232–70 is added to and 1852 payments are provided on Phase I read as follows: Government procurement. contracts of the Small Business Tom Luedtke, Innovation Research (SBIR) or Small 1852.232±70 NASA Modification of FAR 52.232±12. Deputy Associate Administrator for Business Technology Transfer (STTR) Procurement. programs. As prescribed at 1832.412–70, make (f) See 1832.412(e). Accordingly, 48 CFR 1832 and 1852 the following modifications: are amended as follows: 1832.412±70 [Added] NASA Modification of FAR 52.232–12, 1. The authority citation for 48 CFR 4. Section 1832.412–70 is added to March 1998 Parts 1832 and 1852 continues to read read as follows: as follows: (a) Basic Clause. (1) In paragraph (e), 1832.412±70 NASA Contract clauses. Maximum Payment, in the sentence that Authority: 42 U.S.C. 2743(c)(1). begins ‘‘When the sum of,’’ change the word When the clause at FAR 52.232–12 or ‘‘When’’ to lower case and insert before it: PART 1832ÐCONTRACT FINANCING its Alternates II or V are used, insert the ‘‘Unliquidated advance payments shall not clause at 1852.232–70, NASA ll 1832.402 [Amended] exceed $ at any time outstanding. In Modification of FAR 52.232–12. addition. * * *.’’ 2. In section 1832.402, paragraph (2) In paragraph (m)(1), delete ‘‘in the form 1832.501±2 [Amended] (e)(1) is revised to read as follows: prescribed by the administering office’’ and 5. Section 1832.501–2 is revised to substitute ‘‘and Standard Form 272, Federal 1832.402 General. (NASA supplements read as follows: paragraph (e)) Cash Transactions Report, and, if appropriate, Standard Form 272–A, Federal (e)(1) The Director of the 1832.501±2 Unusual progress payments. Cash Transactions Report Continuation.’’ Headquarters Office of Procurement The Director of the Headquarters (b) Alternate II (if incorporated in the Contract Management Division (Code Office of Procurement Contract contract). In paragraph (e), Maximum HK) is the approval authority for all Management Division (Code HK) is the Payment, in the sentence that begins ‘‘When advance payments except the following: approval authority for the use of the sum of,’’ change the word ‘‘When’’ to (A) The procurement officer is the unusual progress payments. lower case and insert before it: ‘‘Unliquidated approval authority for non-fee bearing advance payments shall not exceed $ll at contracts with domestic entities when 1832.502±2 [Amended] any time outstanding. In addition. * * *.’’ the cumulative contract value is 6. Section 1832.502–2 is revised to (c) Alternate V (if incorporated in the $25,000,000 or less, and for all increases read as follows: contract). (1) Substitute the following for Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations 14041 paragraph (b): ‘‘(b) Use of funds. The EFFECTIVE DATE: March 24, 1998. DEPARTMENT OF TRANSPORTATION Contractor may use advance payment funds only to pay for properly allocable, allowable, FOR FURTHER INFORMATION CONTACT: Research and Special Programs and reasonable costs for direct materials, Dave Beck, NASA, Office of Administration direct labor, indirect costs, or such other Procurement, Contract Management costs approved in writing by the Division (Code HK), (202) 358–0482. 49 CFR Part 199 administering contracting office. Payments are subject to any restrictions in other clauses SUPPLEMENTARY INFORMATION: of this contract. Determinations of whether [Docket No. PS±102; Amendment 199±16] costs are properly allocable, allowable, and Background reasonable shall be in accordance with RIN 2137±AC67 generally accepted accounting principles, FAR subpart 33.2 discusses the use of subject to any applicable subparts of Part 31 ADR. NASA Policy Directive (NPD) Control of Drug Use and Alcohol of the Federal Acquisition Regulation, other 2010.2, establishes policy on use of ADR Misuse in Natural Gas, Liquefied applicable regulations referenced in Part 31, techniques by NASA personnel. This Natural Gas, and Hazardous Liquid or subpart 1831.2.’’ rule adds NFS 1833.210 in order to Pipeline Operations (2) In paragraph (d), Maximum Payment, in cross-reference NPD 2010.2, which is the sentence that begins ‘‘When the sum of,’’ AGENCY: Research and Special Programs available at the following internet site: change the word ‘‘When’’ to lower case and Administration (RSPA), DOT. insert before it: ‘‘Unliquidated advance http://nodis.hq.nasa.gov/Library/ ACTION: Confirmation of effective date of payments shall not exceed $ll at any time Directives/NASA–WIDE/Policies/ direct final rule. outstanding. In addition. * * *.’’ LegallPolicies/ (3) In paragraph (j)(1), insert between l l l N PD 2010 2A.html. SUMMARY: This document confirms the ‘‘statements,’’ and ‘‘and’’ ‘‘together with Standard Form 272, Federal Cash Impact effective date of the direct final rule that Transactions Report, and, if appropriate, amends the ‘‘Scope and Compliance’’ Standard Form 272–A, Federal Cash NASA certifies that this regulation section of the Drug Testing Rules to Transactions Report Continuation’’ will not have a significant economic revise the applicability requirement (4) If this is a Phase I contract awarded impact on a substantial number of small with respect to any operator whose under the SBIR or STTR programs, delete business entities under the Regulatory employees are located outside the paragraph (a) and substitute the following: Flexibility Act (5 U.S.C. 601 et seq.) territory of the United States. ‘‘(a) Requirements for payment. Advance payments will be made under this contract because use of alternative dispute DATES: This document confirms April upon receipt of invoices from the Contractor. resolution procedures is voluntary. 15, 1998, as the effective date of the Invoices should be clearly marked ‘‘Small Their use is in addition to the direct final rule published on December Business Innovation Research Contract’’ or traditional dispute resolution 24, 1997. ‘‘Small Business Technology Transfer procedures which are not changed by FOR FURTHER INFORMATION CONTACT: Contract,’’ as appropriate, to expedite this rule. This final rule does not Catrina Pavlik, Drug/Alcohol Program payment processing. One-third of the total Analyst, Research and Special Programs contract price will be available to be impose any reporting or recordkeeping advanced to the contractor immediately after requirements subject to the Paperwork Administration, Office of Pipeline award, another one-third will be advanced Reduction Act. Safety, Room 2335, 400 Seventh Street, three months after award, and the final one- SW, Washington, DC 20590. Telephone: third will be paid upon acceptance by NASA List of Subjects in 48 CFR Part 1833 (202) 366–6199, Fax: (202) 366–4566, e- of the Contractor’s final report. By law, full mail: [email protected]. Government procurement. payment must be made no later than 12 Information is also available on the months after the date that contract Tom Luedtke, Office of Pipeline Safety’s intenet home requirements are completed. The Contractor Deputy Associate Administrator for page at OPS.dot.gov. shall flow down the terms of this clause to Procurement any subcontractor requiring advance SUPPLEMENTARY INFORMATION: payments.’’ Accordingly, 48 CFR Part 1833 is I. Background (End of clause) amended as follows: On December 24, 1997, RSPA [FR Doc. 98–7595 Filed 3–23–98; 8:45 am] 1. The authority citation for 48 CFR published a direct final rule (62 FR BILLING CODE 7510±01±P Part 1833 continues to read as follows: 67293), titled ‘‘Control of Drug Use and Authority: 42 U.S.C. 2473(c)(1). Alcohol Misuse in Natural Gas, Liquefied Natural Gas, and Hazardous NATIONAL AERONAUTICS AND PART 1833ÐPROTESTS, DISPUTES, Liquid Pipeline Operations.’’ In that SPACE ADMINISTRATION AND APPEALS publication, RSPA stated that if it did not receive adverse comments by 48 CFR Part 1833 Subpart 1833.2ÐDisputes and Appeals February 23, 1998, it would publish a Revision to the NASA FAR Supplement confirmation notice in the Federal 1833.210 [Added] Coverage on Alternative Dispute Register by March 16, 1998. RSPA Resolution 2. Section 1833.210 is added to read received no adverse comments. as follows: Therefore, this document confirms that AGENCY: National Aeronautics and the direct final rule cited above will Space Administration (NASA). 1833.210 Contracting officer's authority. become effective on April 15, 1998. ACTION: Final rule. See NASA Policy Directive 2010.2 on Issued in Washington, D.C. on March 16, 1998. SUMMARY: This is a final rule amending use of Alternative Dispute Resolution. Richard B. Felder, the NASA FAR Supplement (NFS) to [FR Doc. 98–7594 Filed 3–23–98; 8:45 am] provide a cross-reference to NASA Associate Administrator for Pipeline Safety. policy on Alternative Dispute BILLING CODE 7510±01±P [FR Doc. 98–7556 Filed 3–23–98; 8:45 am] Resolution (ADR). BILLING CODE 4910±60±P 14042 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Rules and Regulations

DEPARTMENT OF COMMERCE SUMMARY: This document contains document contained two typographical corrections to the interim final rule errors. National Oceanic and Atmospheric pertaining to the Atlantic Coastal Administration Fisheries Cooperative Management Act Need for Correction Provisions published in the Federal 50 CFR Part 697 As published, an incorrect section Register on March 2, 1998. heading was listed twice on page 10155 DATES: This action becomes effective of the March 2, 1998, edition of the [Docket No. 980129023±8023±01; I.D. March 24, 1998. Federal Register. In the third column 121997B] ADDRESSES: Comments on the rule under the heading ‘‘§ 697.6 Definitions.’’ should be sent to Richard H. Schaefer, instruction number 3. should read ‘‘In RIN: 0648±AJ74 Chief, Staff Office for Intergovernmental § 697.7, paragraph (c) is added to read and Recreational Fisheries, NMFS, 8484 Atlantic Coastal Fisheries Cooperative as follows.’’ Immediately following Georgia Avenue, Suite 425, Silver instruction number 3, the section Management Act Provisions; American Spring, MD 20910–3282. Lobster Fishery; Interim Prohibition on heading should read ‘‘§ 697.7 FOR FURTHER INFORMATION CONTACT: Tom Certain Vessels Landing Lobster in Prohibitions.’’ NMFS is correcting this Meyer, Telephone 301–427–2014 Excess of Specified Limits; Correction error and is making no substantive SUPPLEMENTARY INFORMATION: change to the document in this action. AGENCY: National Marine Fisheries Background Dated: March 18, 1998. Service (NMFS), National Oceanic and David L. Evans, Atmospheric Administration (NOAA), An interim final rule was published Commerce. in the Federal Register on March 2, Acting Assistant Administrator for Fisheries, 1998, that placed a prohibition on National Marine Fisheries Service. ACTION: Interim final rule; request for certain vessels landing lobster in excess [FR Doc. 98–7630 Filed 3–23–98; 8:45 am] comments; correction. of specified limits (63 FR 10154). That BILLING CODE 3510±22±F 14043

Proposed Rules Federal Register Vol. 63, No. 56

Tuesday, March 24, 1998

This section of the FEDERAL REGISTER information also may be examined at notified the FAA that an unsafe contains notices to the public of the proposed the Rules Docket at the address above. condition may exist on Pilatus Models issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: Mr. PC–12 and PC–12/45 airplanes that purpose of these notices is to give interested Roman T. Gabrys, Aerospace Engineer, incorporate an executive cabin layout. persons an opportunity to participate in the The FOCA of Switzerland reports that rule making prior to the adoption of the final Small Airplane Directorate, Airplane rules. Certification Service, FAA, 1201 the current executive cabin layout of the Walnut, suite 900, Kansas City, Missouri above-referenced airplanes, in particular 64106; telephone: (816) 426–6932; the lavatory wall and passenger seat DEPARTMENT OF TRANSPORTATION facsimile: (816) 426–2169. configuration, do not meet the head injury criteria (HIC) requirements of SUPPLEMENTARY INFORMATION: Federal Aviation Administration section 23.562 of the Federal Aviation Comments Invited Regulations (14 CFR 23.562). 14 CFR Part 39 Interested persons are invited to These conditions, if not corrected in a timely manner, could result in head [Docket No. 97±CE±38±AD] participate in the making of the injuries during an airplane crash proposed rule by submitting such RIN 2120±AA64 because the lavatory wall and passenger written data, views, or arguments as seat configuration do not meet current they may desire. Communications Airworthiness Directives; Pilatus head injury criteria regulations. Aircraft Ltd. Models PC±12 and PC±12/ should identify the Rules Docket The FAA issued a temporary 45 Airplanes number and be submitted in triplicate to exemption to allow Pilatus time to the address specified above. All accomplish HIC testing in order to AGENCY: Federal Aviation communications received on or before Administration, DOT. determine what is necessary to meet the the closing date for comments, specified requirements of section 23.562 of the ACTION: Notice of proposed rulemaking above, will be considered before taking Federal Aviation Regulations (14 CFR (NPRM). action on the proposed rule. The 23.562). This testing is complete and the proposals contained in this notice may SUMMARY: This document proposes to service information that is presented be changed in light of the comments below includes procedures for the adopt a new airworthiness directive received. (AD) that would apply to Pilatus modifications necessary to comply with Comments are specifically invited on the current regulations. Aircraft Ltd. (Pilatus) Models PC–12 and the overall regulatory, economic, PC–12/45 airplanes that incorporate an environmental, and energy aspects of Relevant Service Information executive cabin layout. The proposed the proposed rule. All comments AD would require modifying the Pilatus has issued Service Bulletin submitted will be available, both before No. 25–003, dated May 7, 1997, which lavatory wall and passenger seat and after the closing date for comments, configuration. The proposed AD is the specifies procedures for modifying the in the Rules Docket for examination by lavatory wall and passenger seat result of mandatory continuing interested persons. A report that airworthiness information (MCAI) configuration. summarizes each FAA-public contact The FOCA of Switzerland classified issued by the airworthiness authority for concerned with the substance of this this service bulletin as mandatory and Switzerland. The actions specified by proposal will be filed in the Rules issued Swiss AD HB 97–249, dated May the proposed AD are intended to Docket. 31, 1997, in order to assure the prevent head injuries during an airplane Commenters wishing the FAA to continued airworthiness of these crash because the lavatory wall and acknowledge receipt of their comments airplanes in Switzerland. passenger seat configuration do not submitted in response to this notice The FAA’s Determination meet current head injury criteria must submit a self-addressed, stamped regulations. postcard on which the following This airplane model is manufactured DATES: Comments must be received on statement is made: ‘‘Comments to in Switzerland and is type certificated or before April 24, 1998. Docket No. 97–CE–38–AD.’’ The for operation in the United States under ADDRESSES: Submit comments in postcard will be date stamped and the provisions of section 21.29 of the triplicate to the Federal Aviation returned to the commenter. Federal Aviation Regulations (14 CFR Administration (FAA), Central Region, 21.29) and the applicable bilateral Office of the Regional Counsel, Availability of NPRMs airworthiness agreement. Pursuant to Attention: Rules Docket No. 97–CE–38– Any person may obtain a copy of this this bilateral airworthiness agreement, AD, Room 1558, 601 E. 12th Street, NPRM by submitting a request to the the FOCA of Switzerland has kept the Kansas City, Missouri 64106. Comments FAA, Central Region, Office of the FAA informed of the situation described may be inspected at this location Regional Counsel, Attention: Rules above. between 8 a.m. and 4 p.m., Monday Docket No. 97–CE–38–AD, Room 1558, The FAA has examined the findings through Friday, holidays excepted. 601 E. 12th Street, Kansas City, Missouri of the FOCA of Switzerland; reviewed Service information that applies to the 64106. all available information, including the proposed AD may be obtained from service information referenced above; Pilatus Aircraft Ltd., Marketing Support Discussion and determined that AD action is Department, CH–6370 Stans, The Federal Office for Civil Aviation necessary for products of this type Switzerland; telephone: +41 41–6196 (FOCA), which is the airworthiness design that are certificated for operation 233; facsimile: +41 41–6103 351. This authority for Switzerland, recently in the United States. 14044 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

Explanation of the Provisions of the contacting the Rules Docket at the provides an equivalent level of safety may be Proposed AD location provided under the caption approved by the Manager, Small Airplane ADDRESSES. Directorate, 1201 Walnut, suite 900, Kansas Since an unsafe condition has been City, Missouri 64106. The request shall be identified that is likely to exist or List of Subjects in 14 CFR Part 39 forwarded through an appropriate FAA develop in other Pilatus Models PC–12 Maintenance Inspector, who may add Air transportation, Aircraft, Aviation comments and then send it to the Manager, and PC–12/45 airplanes of the same safety, Safety. type design registered in the United Small Airplane Directorate. States, the FAA is proposing AD action. The Proposed Amendment Note 3: Information concerning the The proposed AD would require existence of approved alternative methods of Accordingly, pursuant to the compliance with this AD, if any, may be modifying the lavatory wall and authority delegated to me by the obtained from the Small Airplane passenger seat configuration. Administrator, the Federal Aviation Directorate. Accomplishment of the proposed Administration proposes to amend part (d) Questions or technical information installation would be in accordance 39 of the Federal Aviation Regulations related to Pilatus Service Bulletin No. 25– with the service information previously (14 CFR part 39) as follows: 003, dated May 7, 1997, should be directed referenced. to Pilatus Aircraft Ltd., Marketing Support PART 39ÐAIRWORTHINESS Department, CH–6370 Stans, Switzerland; Cost Impact DIRECTIVES telephone: +41 41–6196 233; facsimile: +41 The FAA estimates that 40 airplanes 41–6103 351. This service information may in the U.S. registry would be affected by 1. The authority citation for part 39 be examined at the FAA, Central Region, the proposed AD, that it would take continues to read as follows: Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri Authority: 49 U.S.C. 106(g), 40113, 44701. approximately 15 workhours to 64106. accomplish the proposed actions, and § 39.13 [Amended] Note 4: The subject of this AD is addressed that the average labor rate is 2. Section 39.13 is amended by in Swiss AD HB 97–249, dated May 31, 1997. approximately $60 an hour. Parts will Issued in Kansas City, Missouri, on March be provided by the manufacturer at no adding a new airworthiness directive (AD) to read as follows: 17, 1998. cost to the owners/operators of the Michael Gallagher, affected airplanes. Based on these Pilatus Aircraft Ltd.: Docket No. 97–CE–38– AD. Manager, Small Airplane Directorate, Aircraft figures, the total cost impact of the Certification Service. proposed AD on U.S. operators is Applicability: Models PC–12 and PC–12/45 [FR Doc. 98–7520 Filed 3–23–98; 8:45 am] estimated to be $36,000, or $900 per airplanes, serial numbers MSN 101 through airplane. These figures are based on the 180, certificated in any category, that BILLING CODE 4910±13±P presumption that no affected airplane incorporate an executive cabin layout. Note 1: Models PC–12 and PC–12/45 has the proposed modifications DEPARTMENT OF TRANSPORTATION incorporated. airplanes that incorporate a corporate-utility cabin layout are not affected by this AD. Pilatus has informed the FAA that all Federal Aviation Administration 40 airplanes in the U.S. registry have the Note 2: This AD applies to each airplane identified in the preceding applicability proposed modifications incorporated. provision, regardless of whether it has been 14 CFR Part 39 With this in mind, the proposed AD modified, altered, or repaired in the area [Docket No. 97±NM±341±AD] imposes no cost impact upon the public. subject to the requirements of this AD. For airplanes that have been modified, altered, or RIN 2120±AA64 Regulatory Impact repaired so that the performance of the The regulations proposed herein requirements of this AD is affected, the Airworthiness Directives; Airbus Model would not have substantial direct effects owner/operator must request approval for an A300, A310, and A300±600 Series on the States, on the relationship alternative method of compliance in Airplanes between the national government and accordance with paragraph (c) of this AD. The request should include an assessment of AGENCY: Federal Aviation the States, or on the distribution of the effect of the modification, alteration, or Administration, DOT. power and responsibilities among the repair on the unsafe condition addressed by ACTION: Notice of proposed rulemaking various levels of government. Therefore, this AD; and, if the unsafe condition has not (NPRM). in accordance with Executive Order been eliminated, the request should include 12612, it is determined that this specific proposed actions to address it. SUMMARY: This document proposes the proposal would not have sufficient Compliance: Required within the next 100 adoption of a new airworthiness federalism implications to warrant the hours time-in-service (TIS) after the effective directive (AD) that is applicable to all preparation of a Federalism Assessment. date of this AD, unless already accomplished. Airbus Model A300, A310, and A300– For the reasons discussed above, I To prevent head injuries during an 600 series airplanes. This proposal airplane crash because the lavatory wall and certify that this action (1) is not a passenger seat configuration do not meet would require repetitive inspections to ‘‘significant regulatory action’’ under current head injury criteria regulations, detect corrosion and cracks on the Executive Order 12866; (2) is not a accomplish the following: bottom area of the wing skin, and ‘‘significant rule’’ under DOT (a) Modify the lavatory wall and passenger corrective action, if necessary. This Regulatory Policies and Procedures (44 seat configuration in accordance with Pilatus proposal is prompted by issuance of FR 11034, February 26, 1979); and (3) if Service Bulletin No. 25–003, dated May 7, mandatory continuing airworthiness promulgated, will not have a significant 1997. information by a foreign civil economic impact, positive or negative, (b) Special flight permits may be issued in airworthiness authority. The actions on a substantial number of small entities accordance with sections 21.197 and 21.199 specified by the proposed AD are of the Federal Aviation Regulations (14 CFR under the criteria of the Regulatory 21.197 and 21.199) to operate the airplane to intended to detect and correct corrosion Flexibility Act. A copy of the draft a location where the requirements of this AD and cracks on the bottom area of the regulatory evaluation prepared for this can be accomplished. wing skin, which could result in action has been placed in the Rules (c) An alternative method of compliance or reduced structural integrity of the Docket. A copy of it may be obtained by adjustment of the compliance time that airplane. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14045

DATES: Comments must be received by Availability of NPRMs of the situation described above. The April 23, 1998. Any person may obtain a copy of this FAA has examined the findings of the DGAC, reviewed all available ADDRESSES: Submit comments in NPRM by submitting a request to the information, and determined that AD triplicate to the Federal Aviation FAA, Transport Airplane Directorate, action is necessary for products of this Administration (FAA), Transport ANM–114, Attention: Rules Docket No. type design that are certificated for Airplane Directorate, ANM–114, 97–NM–341–AD, 1601 Lind Avenue, operation in the United States. Attention: Rules Docket No. 97–NM– SW., Renton, Washington 98055–4056. 341–AD, 1601 Lind Avenue, SW., Discussion Explanation of Requirements of Renton, Washington 98055–4056. Proposed Rule The Direction Ge´ne´rale de l’Aviation Comments may be inspected at this Since an unsafe condition has been location between 9:00 a.m. and 3:00 Civile (DGAC), which is the airworthiness authority for France, identified that is likely to exist or p.m., Monday through Friday, except develop on other airplanes of the same Federal holidays. notified the FAA that an unsafe condition may exist on all Airbus Model type design registered in the United The service information referenced in A300, A310, and A300–600 series States, the proposed AD would require the proposed rule may be obtained from airplanes. The DGAC advises that it has accomplishment of the actions specified Airbus Industrie, 1 Rond Point Maurice received reports of corrosion on the in the service bulletins described Bellonte, 31707 Blagnac Cedex, France. lower wing root joint, on the bottom previously, except as discussed below. This information may be examined at wing skin, inboard and outboard of the Differences Between the Proposal and the FAA, Transport Airplane external lower surface splice. Most of the Related Service Bulletins Directorate, 1601 Lind Avenue, SW., the corrosion was found in the area aft The proposed rule would differ from Renton, Washington. of frame 43, and around fasteners, the Airbus service bulletins described starting from the edges of the FOR FURTHER INFORMATION CONTACT: previously in that, unlike the countersinks. Such corrosion could lead Norman B. Martenson, Manager, compliance time threshold and intervals International Branch, ANM–116, FAA, to cracking in this area. This condition, if not detected and corrected in a timely provided in the service bulletins, this Transport Airplane Directorate, 1601 proposed AD would reference tables Lind Avenue, SW., Renton, Washington manner, could result in reduced structural integrity of the airplane. that provide compliance time thresholds 98055–4056; telephone (425) 227–2110; and intervals in flight cycles and fax (425) 227–1149. Explanation of Relevant Service corresponding flight hours for each SUPPLEMENTARY INFORMATION: Information airplane model. The thresholds and intervals defined in the service bulletins Comments Invited Airbus has issued Service Bulletin A300–57–0204, dated December 4, 1995 are based on an Average Flight Time Interested persons are invited to (for Model A300 series airplanes); (AFT) for each airplane model. For participate in the making of the A310–57–2061, dated December 4, 1995 those airplanes that are operated with a proposed rule by submitting such (for Model A310 series airplanes); and flight duration different from the AFT, written data, views, or arguments as A300–57–6047, Revision 01, dated an adjustment must be made to the they may desire. Communications shall October 16, 1996, as revised by Change thresholds and intervals. To provide identify the Rules Docket number and Notice 1.A., dated February 24, 1997 clarification of the appropriate be submitted in triplicate to the address (for Model A300–600 series airplanes). thresholds and intervals, Tables 1, 2, 3, specified above. All communications These service bulletins describe 4, and 5 have been included in the received on or before the closing date procedures for repetitive detailed visual proposed AD to provide specific for comments, specified above, will be inspections to detect corrosion and thresholds and intervals, and to considered before taking action on the cracks of the bottom wing skin area, eliminate the need for operators to proposed rule. The proposals contained inboard and outboard of the rib 1 calculate differing adjustments for in this notice may be changed in light external lower surface splice, between various AFT’s. of the comments received. frame 40 and frame 47. The service Operators also should note that the service bulletins specify that the Comments are specifically invited on bulletins also describe procedures for removal of any corrosion found, manufacturer may be contacted for the overall regulatory, economic, application of protective treatment, and disposition of certain repair conditions. environmental, and energy aspects of non-destructive inspection for cracks, if However, this proposal would require the proposed rule. All comments necessary. the repair of those conditions to be submitted will be available, both before The DGAC classified these service accomplished in accordance with a and after the closing date for comments, bulletins as mandatory and issued method approved by the FAA. in the Rules Docket for examination by French airworthiness directive 97–006– Cost Impact interested persons. A report 210(B), dated January 2, 1997, in order summarizing each FAA-public contact to assure the continued airworthiness of The FAA estimates that 49 Model concerned with the substance of this these airplanes in France. A300 and A310 series airplanes, and 51 proposal will be filed in the Rules Model A300–600 series airplanes, of Docket. FAA’s Conclusions U.S. registry would be affected by this Commenters wishing the FAA to These airplane models are proposed AD, that it would take acknowledge receipt of their comments manufactured in France and are type approximately 8 work hours per submitted in response to this notice certificated for operation in the United inspection cycle to accomplish the must submit a self-addressed, stamped States under the provisions of § 21.29 of proposed actions, and that the average postcard on which the following the Federal Aviation Regulations (14 labor rate is $60 per work hour. Based statement is made: ‘‘Comments to CFR 21.29) and the applicable bilateral on these figures, the cost impact of the Docket Number 97–NM–341–AD.’’ The airworthiness agreement. Pursuant to proposed AD on U.S. operators is postcard will be date stamped and this bilateral airworthiness agreement, estimated to be $48,000, or $480 per returned to the commenter. the DGAC has kept the FAA informed airplane, per inspection cycle. 14046 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

The cost impact figure discussed The Proposed Amendment (b) and (c) of this AD, perform an inspection for corrosion and cracks on the bottom wing above is based on assumptions that no Accordingly, pursuant to the operator has yet accomplished any of skin area, and accomplish follow-on authority delegated to me by the corrective actions, in accordance with Airbus the proposed requirements of this AD Administrator, the Federal Aviation Service Bulletin A300–57–0204, dated action, and that no operator would Administration proposes to amend part December 4, 1995 (for Model A300 series accomplish those actions in the future if 39 of the Federal Aviation Regulations airplanes); A310–57–2061, dated December this AD were not adopted. (14 CFR part 39) as follows: 4, 1995 (for Model A310 series airplanes); or A300–57–6047, Revision 01, dated October Regulatory Impact PART 39ÐAIRWORTHINESS 16, 1996, as revised by Change Notice 1.A., DIRECTIVES dated February 24, 1997 (for Model A300– The regulations proposed herein 600 series airplanes); as applicable; would not have substantial direct effects 1. The authority citation for part 39 subsequently referred to in this AD as the on the States, on the relationship continues to read as follows: ‘‘applicable’’ service bulletins. Thereafter, between the national government and Authority: 49 U.S.C. 106(g), 40113, 44701. repeat the inspection at intervals not to the States, or on the distribution of exceed 5 years. power and responsibilities among the § 39.13 [Amended] (1) For airplanes with 5 years or less since date of manufacture: Prior to the various levels of government. Therefore, 2. Section 39.13 is amended by adding the following new airworthiness accumulation of 5 years since date of in accordance with Executive Order manufacture or within 18 months after the 12612, it is determined that this directive: effective date of this AD, whichever occurs proposal would not have sufficient Airbus: Docket 97–NM–341–AD. later. federalism implications to warrant the Applicability: All Model A300, A310, and (2) For airplanes with more than 5 years, preparation of a Federalism Assessment. A300–600 series airplanes, certificated in any but less than 15 years since date of category. manufacture: Within 18 months after the For the reasons discussed above, I Note 1: This AD applies to each airplane effective date of this AD. certify that this proposed regulation (1) identified in the preceding applicability (3) For airplanes with more than 15 years, is not a ‘‘significant regulatory action’’ provision, regardless of whether it has been but less than 20 years since date of under Executive Order 12866; (2) is not modified, altered, or repaired in the area manufacture: Within 12 months after the a ‘‘significant rule’’ under the DOT subject to the requirements of this AD. For effective date of this AD. (4) For airplanes with more than 20 years Regulatory Policies and Procedures (44 airplanes that have been modified, altered, or repaired so that the performance of the since date of manufacture: Within 6 months FR 11034, February 26, 1979); and (3) if requirements of this AD is affected, the after the effective date of this AD. promulgated, will not have a significant owner/operator must request approval for an (b) If any corrosion or crack is found economic impact, positive or negative, alternative method of compliance in during an inspection required by paragraph on a substantial number of small entities accordance with paragraph (d) of this AD. (a) of this AD, and the applicable service under the criteria of the Regulatory The request should include an assessment of bulletin specifies to contact Airbus for an appropriate action: Prior to further flight, Flexibility Act. A copy of the draft the effect of the modification, alteration, or repair on the unsafe condition addressed by repair in accordance with a method approved regulatory evaluation prepared for this this AD; and, if the unsafe condition has not by the Manager, International Branch, ANM– action is contained in the Rules Docket. been eliminated, the request should include 116, FAA, Transport Airplane Directorate. A copy of it may be obtained by specific proposed actions to address it. (c) If any crack is found during an contacting the Rules Docket at the Compliance: Required as indicated, unless inspection required by paragraph (a) of this location provided under the caption accomplished previously. AD, and the applicable service bulletin To detect and correct corrosion and cracks specifies to refer to Table B, Figure 4, of the ADDRESSES. on the bottom wing skin area, which could service bulletin to determine the fatigue List of Subjects in 14 CFR Part 39 result in reduced structural integrity of the inspection threshold and interval: Use Table airplane, accomplish the following: 1, 2, 3, 4, or 5, of this AD, as applicable, to Air transportation, Aircraft, Aviation (a) At the time specified in paragraph determine the fatigue inspection threshold safety, Safety. (a)(1), (a)(2), (a)(3), or (a)(4) of this AD, as and interval in flight cycles (FC) or flight applicable: Except as required by paragraphs hours (FH).

TABLE 1.ÐAIRBUS SERVICE BULLETIN A300±57±204 (MODEL A300 B2) FATIGUE INSPECTION

NDT (HFEC) interval (FC Area Threshold (FC or FH, whichever oc- Detailed visual interval (FC or FH, or FH, whichever occurs curs first) whichever occurs first) first)

1, 2, 3a 1 ...... 10,400 FC or 15,800 FH ...... 10,400 FC or 15,800 FH ...... 10,400 FC or 15,800 FH. 3b, 4a 2 ...... 7,200 FC or 11,000 FH ...... 2,500 FC or 3,800 FH ...... 6,300 FC or 9,600 FH. 4b ...... 10,400 FC or 15,800 FH ...... 10,400 FC or 15,800 FH ...... 10,400 FC or 15,800 FH. 5, 6 ...... 9,900 FC or 15,100 FH ...... 8,700 FC or 13,200 FH ...... 9,900 FC or 15,100 FH. 7, 8 ...... 6,600 FC or 10,000 FH ...... 5,000 FC or 7,700 FH ...... 6,400 FC or 9,700 FH. 1 Area 3, as defined by Table B, Table 4, of SB A300±57±0204, has been split into areas 3a and 3b with a borderline between stiffener 43.2 and lattice flange 44 for Tables 1, 2, and 3 of this AD. 2 Area 4, as defined by Table B, Table 4, of SB A300±57±0204, has been split into areas 4a and 4b with a borderline between lattice flange 44 and stiffener 44.1 for Tables 1, 2, and 3 of this AD.

TABLE 2.ÐAIRBUS SERVICE BULLETIN A300±57±204 (MODEL A300 B4±100) FATIGUE INSPECTION

NDT (HFEC) interval (FC Area Threshold (FC or FH, whichever oc- Detailed visual interval (FC or FH, or FH, whichever occurs curs first) whichever occurs first) first)

1, 2, 3a ...... 9,500 FC or 15,600 FH ...... 8,600 FC or 14,200 FH ...... 9,500 FC or 15,600 FH. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14047

TABLE 2.ÐAIRBUS SERVICE BULLETIN A300±57±204 (MODEL A300 B4±100) FATIGUE INSPECTIONÐContinued

NDT (HFEC) interval (FC Area Threshold (FC or FH, whichever oc- Detailed visual interval (FC or FH, or FH, whichever occurs curs first) whichever occurs first) first)

3b, 4a ...... 6,700 FC or 12,000 FH ...... 2,000 FC or 3,300 FH ...... 5,000 FC or 8,200 FH. 4b ...... 9,500 FC or 15,600 FH ...... 8,600 FC or 14,200 FH ...... 9,500 FC or 15,600 FH. 5, 6 ...... 8,200 FC or 13,400 FH ...... 7,200 FC or 11,900 FH ...... 8,200 FC or 13,400 FH. 7, 8 ...... 4,600 FC or 7,600 FH ...... 3,600 FC or 5,900 FH ...... 4,500 FC or 7,400 FH

TABLE 3.ÐAIRBUS SERVICE BULLETIN A300±57±204 (MODEL A300B4±200) FATIGUE INSPECTION

NDT (HFEC) interval (FC Area Threshold (FC or FH, whichever oc- Detailed visual interval (FC or FH, or FH, whichever occurs curs first) whichever occurs first) first)

1, 2, 3a ...... 9,900 FC or 21,100 FH ...... 9,000 FC or 19,200 FH ...... 9,900 FC or 12,100 FH. 3b, 4a ...... 7,000 FC or 14,900 FH ...... 2,100 FC or 4,500 FH ...... 5,200 FC or 11,100 FH. 4b ...... 9,900 FC or 21,100 FH ...... 9,000 FC or 19,200 FH ...... 9,900 FC or 21,100 FH. 5, 6 ...... 8,500 FC or 18,100 FH ...... 7,500 FC or 16,000 FH ...... 8,500 FC or 18,100 FH. 7, 8 ...... 4,800 FC or 10,200 FH ...... 3,700 FC or 7,900 FH ...... 4,700 FC or 10,000 FH.

TABLE 4.ÐAIRBUS SERVICE BULLETIN A310±57±2061 (MODEL A310±200 AND A310±300) FATIGUE INSPECTION

NDT (HFEC) interval (FC Area Threshold (FC or FH, whichever oc- Detailed visual interval (FC or FH, or FH, whichever occurs curs first) whichever occurs first) first)

1 ...... 12,800 FC or 36,600 FH ...... 10,500 FC or 29,900 FH ...... 12,800 FC or 36,600 FH. 2 ...... 5,700 FC or 16,300 FH ...... 4,600 FC or 13,100 FH ...... 5,700 FC or 16,300 FH. 3, 5 ...... 5,100 FC or 14,700 FH ...... 4,100 FC or 11,800 FH ...... 5,100 FC or 14,700 FH. 4 ...... 4,500 FC or 12,800 FH ...... 1,800 FC or 5,100 FH ...... 4,500 FC or 12,800 FH. 6 ...... 19,400 FC or 55,300 FH ...... 16,500 FC or 47,000 FH ...... 19,400 FC or 55,300 FH. 7 ...... 16,300 FC or 46,500 FH ...... 13,800 FC or 39,500 FH ...... 16,300 FC or 46,500 FH.

TABLE 5.ÐAIRBUS SERVICE BULLETIN A300±57±6047 (MODEL A300±600) FATIGUE INSPECTION

NDT (HFEC) interval (FC Area Threshold (FC or FH, whichever oc- Detailed visual interval (FC or FH, or FH, whichever occurs curs first) whichever occurs first) first)

1, 2 ...... 13,600 FC or 42,900 FH ...... 11,800 FC or 37,000 FH ...... 15,500 FC or 48,800 FH. 3 ...... 6,500 FC or 20,400 FH ...... 5,800 FC or 18,400 FH ...... 6,900 FC or 21,600 FH. 4, 6 ...... 4,800 FC or 15,100 FH ...... 4,500 FC or 14,200 FH ...... 5,000 FC or 15,700 FH. 5 ...... 2,100 FC or 6,500 FH ...... 900 FC or 3,000 FH ...... 2,100 FC or 6,500 FH. 7 ...... 5,700 FC or 18,100 FH ...... 5,500 FC or 17,200 FH ...... 6,300 FC or 19,800 FH. 8 ...... 2,400 FC or 7,400 FH ...... 2,100 FC or 6,500 FH ...... 2,400 FC or 7,400 FH.

(d) An alternative method of compliance or Note 3: The subject of this AD is addressed DEPARTMENT OF TRANSPORTATION adjustment of the compliance time that in French airworthiness directive 97–006– provides an acceptable level of safety may be 210(B), dated January 2, 1997. Federal Aviation Administration used if approved by the Manager, Issued in Renton, Washington, on March International Branch, ANM–116. Operators 17, 1998. 14 CFR Part 39 shall submit their requests through an Darrell M. Pederson, [Docket No. 97±NM±21±AD] appropriate FAA Principal Maintenance Inspector, who may add comments and then Acting Manager, Transport Airplane RIN 2120±AA64 Directorate, Aircraft Certification Service. send it to the Manager, International Branch, ANM–116. [FR Doc. 98–7525 Filed 3–23–98; 8:45 am] Airworthiness Directives; McDonnell BILLING CODE 4910±13±U Douglas Model DC±9 and DC±9±80 Note 2: Information concerning the Series Airplanes, Model MD±88 existence of approved alternative methods of Airplanes, and C±9 (Military) Series compliance with this AD, if any, may be Airplanes obtained from the International Branch, ANM–116. AGENCY: Federal Aviation (e) Special flight permits may be issued in Administration, DOT. accordance with sections 21.197 and 21.199 ACTION: Notice of proposed rulemaking of the Federal Aviation Regulations (14 CFR (NPRM). 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD SUMMARY: This document proposes the can be accomplished. adoption of a new airworthiness 14048 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules directive (AD) that is applicable to for comments, specified above, will be and Revision 1, dated November 29, certain McDonnell Douglas Model DC– considered before taking action on the 1994 (for Model DC–9 series airplanes), 9 and DC–9–80 series airplanes, Model proposed rule. The proposals contained and MD–80 Service Bulletin 53–265, MD–88 airplanes, and C–9 (military) in this notice may be changed in light dated June 13, 1994 (for Model DC–9– series airplanes. This proposal would of the comments received. 80 series airplanes and MD–88 require a one-time visual inspection to Comments are specifically invited on airplanes). These service bulletins detect fatigue cracking of the lower left the overall regulatory, economic, describe procedures for a one-time nose of certain longerons and the environmental, and energy aspects of visual inspection to detect cracking of attaching frames; repair, if necessary; the proposed rule. All comments the lower left nose of longerons 22 and installation of a preventive submitted will be available, both before through 26 and the attaching frames at modification. The proposal also would and after the closing date for comments, stations Y=160.000 and Y=200.000. The require installation of a preventive in the Rules Docket for examination by service bulletins also provide modification. This proposal is prompted interested persons. A report procedures for a preventive by several reports of fatigue cracking of summarizing each FAA-public contact modification (installation of clips and certain longerons and the attaching concerned with the substance of this doublers under longeron flanges and frames. The actions specified by the proposal will be filed in the Rules shims longeron) to relieve preloads. proposed AD are intended to prevent Docket. Additionally, the service bulletins such fatigue cracking, which could Commenters wishing the FAA to reference the applicable Structural result in reduced structural integrity of acknowledge receipt of their comments Repair Manual for repairs, if necessary. submitted in response to this notice the fuselage, and consequent loss of Explanation of Requirements of must submit a self-addressed, stamped pressurization of the airplane. Proposed Rule DATES: Comments must be received by postcard on which the following May 8, 1998. statement is made: ‘‘Comments to Since an unsafe condition has been identified that is likely to exist or ADDRESSES: Docket Number 97–NM–21–AD.’’ The Submit comments in develop on other products of this same triplicate to the Federal Aviation postcard will be date stamped and returned to the commenter. type design, the proposed AD would Administration (FAA), Transport require a one-time visual inspection to Airplane Directorate, ANM–114, Availability of NPRMs detect cracking of the lower left nose of Attention: Rules Docket No. 97–NM– Any person may obtain a copy of this longerons 22 through 26 and the 21–AD, 1601 Lind Avenue, SW., NPRM by submitting a request to the attaching frames at stations Y=160.000 Renton, Washington 98055–4056. FAA, Transport Airplane Directorate, and Y=200.000. The proposed rule also Comments may be inspected at this ANM–114, Attention: Rules Docket No. would require accomplishment of a location between 9:00 a.m. and 3:00 97–NM–21–AD, 1601 Lind Avenue, preventive modification, and repair of p.m., Monday through Friday, except SW., Renton, Washington 98055–4056. any cracking detected. The actions Federal holidays. would be required to be accomplished The service information referenced in Discussion in accordance with the applicable the proposed rule may be obtained from The FAA has received reports service bulletin described previously. The Boeing Company, Douglas Products indicating that cracking of the fuselage Division, 3855 Lakewood Boulevard, longerons-to-frame attachment holes Cost Impact Long Beach, California 90846, occurred on three McDonnell Douglas There are approximately 2,000 Model Attention: Technical Publications Model DC–9 series airplanes. The DC–9, Model DC–9–80, and C–9 Business Administration, Dept. C1–L51 cracking of the longeron segments has (military) series airplanes, and Model (2–60). This information may be been attributed to fatigue. The fatigue MD–88 airplanes of the affected design examined at the FAA, Transport cracking was found between longerons in the worldwide fleet. The FAA Airplane Directorate, 1601 Lind 22 though 26 on the left side at stations estimates that 1,200 airplanes of U.S. Avenue, SW., Renton, Washington; or at Y=160.000 and Y=200.000. These registry would be affected by this the FAA, Transport Airplane airplanes had accumulated between proposed AD, that it would take Directorate, Los Angeles Aircraft 59,110 and 74,445 total flight cycles. approximately 25 work hours per Certification Office, 3960 Paramount Such fatigue cracking, if not corrected, airplane to accomplish the proposed Boulevard, Lakewood, California. could result in reduced structural actions, and that the average labor rate FOR FURTHER INFORMATION CONTACT: integrity of the fuselage, and consequent is $60 per work hour. Based on these Brent Bandley, Aerospace Engineer, loss of pressurization of the airplane. figures, the cost impact of the proposed Airframe Branch, ANM–120L; FAA, Los AD on U.S. operators is estimated to be Similar Airplanes Angeles Aircraft Certification Office, $1,800,000, or $1,500 per airplane. 3960 Paramount Boulevard, Lakewood, The fuselage longerons-to-frame The cost impact figure discussed California 90712; telephone (562) 627– attachments of Model DC–9 series above is based on assumptions that no 5237; fax (562) 627–5210. airplanes are similar to those of operator has yet accomplished any of SUPPLEMENTARY INFORMATION: McDonnell Douglas Model DC–9–80 the proposed requirements of this AD series airplanes, Model MD–88 action, and that no operator would Comments Invited airplanes, and C–9 (military) series accomplish those actions in the future if Interested persons are invited to airplanes; therefore, these models also this AD were not adopted. participate in the making of the may be subject to this same unsafe Regulatory Impact proposed rule by submitting such condition. written data, views, or arguments as The regulations proposed herein they may desire. Communications shall Explanation of Relevant Service would not have substantial direct effects identify the Rules Docket number and Information on the States, on the relationship be submitted in triplicate to the address The FAA has reviewed and approved between the national government and specified above. All communications McDonnell Douglas DC–9 Service the States, or on the distribution of received on or before the closing date Bulletin 53–256, dated August 12, 1993, power and responsibilities among the Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14049 various levels of government. Therefore, The request should include an assessment of DEPARTMENT OF TRANSPORTATION in accordance with Executive Order the effect of the modification, alteration, or 12612, it is determined that this repair on the unsafe condition addressed by Federal Aviation Administration proposal would not have sufficient this AD; and, if the unsafe condition has not federalism implications to warrant the been eliminated, the request should include 14 CFR Part 39 preparation of a Federalism Assessment. specific proposed actions to address it. [Docket No. 98±CE±121±AD] For the reasons discussed above, I Compliance: Required as indicated, unless certify that this proposed regulation (1) accomplished previously. RIN 2120±AA64 To prevent fatigue cracking of longerons 22 is not a ‘‘significant regulatory action’’ Airworthiness Directives; Industrie through 26 and the attaching frames, which under Executive Order 12866; (2) is not Aeronautiche e Meccaniche Model could result in reduced structural integrity of a ‘‘significant rule’’ under the DOT Piaggio P±180 Airplanes Regulatory Policies and Procedures (44 the fuselage, and consequent loss of FR 11034, February 26, 1979); and (3) if pressurization of the airplane; accomplish AGENCY: Federal Aviation promulgated, will not have a significant the following: Administration, DOT. (a) Prior to the accumulation of 40,000 total economic impact, positive or negative, ACTION: Notice of proposed rulemaking on a substantial number of small entities landings, or within 6,000 landings after the (NPRM). under the criteria of the Regulatory effective date of this AD, whichever occurs Flexibility Act. A copy of the draft later: Perform a visual inspection to detect SUMMARY: This document proposes to regulatory evaluation prepared for this cracking of the left lower nose of longerons adopt a new airworthiness directive action is contained in the Rules Docket. 22 through 26 (inclusive) and the respective (AD) that would apply to certain A copy of it may be obtained by attaching frames at station frames Y=160.000 Industrie Aeronautiche e Meccaniche contacting the Rules Docket at the and Y=200.000; in accordance with (I.A.M.) Model Piaggio P–180 airplanes. McDonnell Douglas DC–9 Service Bulletin location provided under the caption The proposed AD would require 53–256, dated August 12, 1993, or Revision ADDRESSES. accomplishing a leakage check of all 1, dated November 29, 1994 [for Models DC– lavatory water tube/hose connections, List of Subjects in 14 CFR Part 39 9, –10, –20, –30, –40, –50, and C–9 (military) and correcting the installation of these Air transportation, Aircraft, Aviation series airplanes]; or McDonnell Douglas MD– connections if leakage is found. The safety, Safety. 80 Service Bulletin 53–265, dated June 13, proposed AD is the result of mandatory 1994 (for Model DC–9–81, –82, –83, and –87 continuing airworthiness information The Proposed Amendment series airplanes, and MD–88 airplanes); as (MCAI) issued by the airworthiness Accordingly, pursuant to the applicable. (1) If no cracking is detected: Prior to authority for Italy. The actions specified authority delegated to me by the by the proposed AD are intended to Administrator, the Federal Aviation further flight, install clips and doublers under the longeron flanges and shim the prevent water leakage from the lavatory Administration proposes to amend part water duct system, which could collect 39 of the Federal Aviation Regulations longerons in accordance with the applicable service bulletin. in the fuselage, freeze in cold weather (14 CFR part 39) as follows: (2) If any cracking is detected: Prior to conditions, and cause the rudder control system to jam. PART 39ÐAIRWORTHINESS further flight, repair the cracks and install DIRECTIVES clips and doublers under the longeron DATES: Comments must be received on flanges and shim the longerons in accordance or before April 28, 1998. 1. The authority citation for part 39 with the applicable service bulletin. ADDRESSES: Submit comments in continues to read as follows: (b) An alternative method of compliance or triplicate to the Federal Aviation Authority: 49 U.S.C. 106(g), 40113, 44701. adjustment of the compliance time that Administration (FAA), Central Region, provides an acceptable level of safety may be Office of the Regional Counsel, § 39.13 [Amended] used if approved by the Manager, Los Attention: Rules Docket No. 98–CE– 2. Section 39.13 is amended by Angeles Aircraft Certification Office (ACO), 121–AD, Room 1558, 601 E. 12th Street, adding the following new airworthiness FAA, Transport Airplane Directorate. Kansas City, Missouri 64106. Comments directive: Operators shall submit their requests through may be inspected at this location an appropriate FAA Principal Maintenance McDonnell Douglas: Docket 97–NM–21– between 8 a.m. and 4 p.m., Monday AD. Inspector, who may add comments and then through Friday, holidays excepted. send it to the Manager, Los Angeles ACO. Applicability: Model DC–9–10, –20, –30, Service information that applies to the –40, –50 and C–9 (military) series airplanes, Note 2: Information concerning the proposed AD may be obtained from I.A. as listed in McDonnell Douglas DC–9 Service existence of approved alternative methods of M. Rinaldo Piaggio S.p.A., Via Cibrario, Bulletin 53–256, Revision 1, dated November compliance with this AD, if any, may be 4 16154 Genoa, Italy.This information 29, 1994; Model DC–9–81 (MD–81), DC–9–82 obtained from the Manager, Los Angeles also may be examined at the Rules (MD–82), DC–9–83 (MD–83), and DC–9–87 ACO. Docket at the address above. (MD–87) series airplanes and MD–88 (c) Special flight permits may be issued in airplanes, as listed in McDonnell Douglas FOR FURTHER INFORMATION CONTACT: Mr. accordance with sections 21.197 and 21.199 MD–80 Service Bulletin 53–265, dated June David O. Keenan, Project Officer, FAA, of the Federal Aviation Regulations (14 CFR 13, 1994; certificated in any category. Small Airplane Directorate, Aircraft 21.197 and 21.199) to operate the airplane to Note 1: This AD applies to each airplane Certification Service, 1201 Walnut, suite a location where the requirements of this AD identified in the preceding applicability can be accomplished. 900, Kansas City, Missouri 64106; provision, regardless of whether it has been telephone: (816) 426–6934; facsimile: modified, altered, or repaired in the area Issued in Renton, Washington, on March (816) 426–2169. subject to the requirements of this AD. For 17, 1998. SUPPLEMENTARY INFORMATION: airplanes that have been modified, altered, or Darrell M. Pederson, repaired so that the performance of the Acting Manager, Transport Airplane Comments Invited requirements of this AD is affected, the Directorate, Aircraft Certification Service. owner/operator must request approval for an Interested persons are invited to alternative method of compliance in [FR Doc. 98–7524 Filed 3–23–98; 8:45 am] participate in the making of the accordance with paragraph (b) of this AD. BILLING CODE 4910±13±U proposed rule by submitting such 14050 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules written data, views, or arguments as order to assure the continued estimated to be $600, or $120 per they may desire. Communications airworthiness of these airplanes in Italy. airplane. should identify the Rules Docket The FAA’s Determination Regulatory Impact number and be submitted in triplicate to the address specified above. All This airplane model is manufactured The regulations proposed herein communications received on or before in Italy and is type certificated for would not have substantial direct effects the closing date for comments, specified operation in the United States under the on the States, on the relationship above, will be considered before taking provisions of section 21.29 of the between the national government and action on the proposed rule. The Federal Aviation Regulations (14 CFR the States, or on the distribution of proposals contained in this notice may 21.29) and the applicable bilateral power and responsibilities among the be changed in light of the comments airworthiness agreement. Pursuant to various levels of government. Therefore, received. this bilateral airworthiness agreement, in accordance with Executive Order Comments are specifically invited on R.A.I. has kept the FAA informed of the 12612, it is determined that this the overall regulatory, economic, situation described above. proposal would not have sufficient environmental, and energy aspects of The FAA has examined the findings federalism implications to warrant the the proposed rule. All comments of the R.A.I.; reviewed all available preparation of a Federalism Assessment. submitted will be available, both before information, including the service For the reasons discussed above, I and after the closing date for comments, information referenced above; and certify that this action (1) is not a in the Rules Docket for examination by determined that AD action is necessary ‘‘significant regulatory action’’ under interested persons. A report that for products of this type design that are Executive Order 12866; (2) is not a summarizes each FAA-public contact certificated for operation in the United ‘‘significant rule’’ under DOT concerned with the substance of this States. Regulatory Policies and Procedures (44 proposal will be filed in the Rules FR 11034, February 26, 1979); and (3) if Docket. Explanation of the Provisions of the promulgated, will not have a significant Commenters wishing the FAA to Proposed AD economic impact, positive or negative, acknowledge receipt of their comments Since an unsafe condition has been on a substantial number of small entities submitted in response to this notice identified that is likely to exist or under the criteria of the Regulatory must submit a self-addressed, stamped develop in other I.A.M. Model Piaggio Flexibility Act. A copy of the draft postcard on which the following P–180 airplanes of the same type design regulatory evaluation prepared for this statement is made: ‘‘Comments to registered in the United States, the FAA action has been placed in the Rules Docket No. 97–CE–121–AD.’’ The is proposing AD action. The proposed Docket. A copy of it may be obtained by postcard will be date stamped and AD would require accomplishing a contacting the Rules Docket at the returned to the commenter. leakage check of all lavatory water tube/ location provided under the caption ADDRESSES. Availability of NPRMs hose connections, and correcting the installation of these connections if Any person may obtain a copy of this List of Subjects in 14 CFR Part 39 leakage is found. Accomplishment of NPRM by submitting a request to the Air transportation, Aircraft, Aviation the proposed installation would be in FAA, Central Region, Office of the safety, Safety. accordance with the previously Regional Counsel, Attention: Rules referenced service information. The Proposed Amendment Docket No. 97–CE–121–AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri Compliance Time of the Proposed AD Accordingly, pursuant to the 64106. authority delegated to me by the Although the potential of the rudder Administrator, the Federal Aviation Discussion control system to jam because of water Administration proposes to amend part The Registro Aeronautico Italiano freezing will only be unsafe while the 39 of the Federal Aviation Regulations (R.A.I.), which is the airworthiness airplane is in flight, this unsafe (14 CFR part 39) as follows: authority for Italy, recently notified the condition is not a result of the number FAA that an unsafe condition may exist of times the airplane is operated. The PART 39ÐAIRWORTHINESS on certain I.A.M. Model Piaggio P–180 chance of this situation occurring is the DIRECTIVES same for an airplane with 10 hours time- airplanes. The R.A.I. reports an incident 1. The authority citation for part 39 in-service (TIS) as it is for an airplane where water leakage from the lavatory continues to read as follows: system collected in the bottom of the with 500 hours TIS. For this reason, the Authority: 49 U.S.C. 106(g), 40113, 44701. fuselage between frames 5792 and 6000. FAA has determined that a compliance This water then rose up to the height of based on calendar time should be § 39.13 [Amended] utilized in the proposed Ad in order to the rudder control cable and froze 2. Section 39.13 is amended by assure that the unsafe condition is during flight, which caused the rudder adding a new airworthiness directive addressed on all airplanes in a control system to jam. (AD) to read as follows: reasonable time period. Relevant Service Information Industrie Aeronautiche E Meccaniche: Cost Impact I.A.M. has issued Piaggio Service Docket No. 98–CE–21–AD. Bulletin No. SB–80–0096, dated January The FAA estimates that 5 airplanes in Applicability: Model Piaggio P–180 31, 1997, which specifies procedures for the U.S. registry would be affected by airplanes, serial numbers 1002, 1004, 1006 through 1017, 1019, and 1021 through 1030, accomplishing a leakage check of all the proposed AD, that it would take certificated in any category. approximately 2 workhours per airplane lavatory water tube/hose connections, Note 1: This AD applies to each airplane and correcting the installation of these to accomplish the proposed action, and identified in the preceding applicability connections if leakage is found. that the average labor rate is provision, regardless of whether it has been The R.A.I. classified this service approximately $60 an hour. Based on modified, altered, or repaired in the area bulletin as mandatory and issued Italian these figures, the total cost impact of the subject to the requirements of this AD. For AD No. 97–022, dated March 2, 1997, in proposed AD on U.S. operators is airplanes that have been modified, altered, or Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14051 repaired so that the performance of the DEPARTMENT OF TRANSPORTATION Office, One Crown Center, 1895 Phoenix requirements of this AD is affected, the Boulevard, suite 450, Atlanta, Georgia owner/operator must request approval for an Federal Aviation Administration 30349; telephone: (770) 703–6078; alternative method of compliance in facsimile: (770) 703–6097. 14 CFR Part 39 accordance with paragraph (c) of this AD. SUPPLEMENTARY INFORMATION: The request should include an assessment of [Docket No. 98±CE±01±AD] the effect of the modification, alteration, or Comments Invited repair on the unsafe condition addressed by RIN 2120±AA64 Interested persons are invited to this AD; and, if the unsafe condition has not participate in the making of the Airworthiness Directives; Maule been eliminated, the request should include proposed rule by submitting such Aerospace Technology Corp. M±4, M± specific proposed actions to address it. written data, views, or arguments as 5, M±6, M±7, MX±7, and MXT±7 Series Compliance: Required as indicated in the they may desire. Communications Airplanes and Models MT±7±235 and body of this AD, unless already should identify the Rules Docket M±8±235 Airplanes accomplished. number and be submittee in triplicate to To prevent water leakage from the lavatory AGENCY: Federal Aviation the address specified above. All water duct system, which could collect in the Administration, DOT. communications received on or before fuselage, freeze in cold weather conditions, ACTION: Notice of proposed rulemaking the closing date for comments, specified and cause the rudder control system to jam, (NPRM). above, will be considered before taking accomplish the following: action on the proposed rule. The (a) Within the next 3 calendar months after SUMMARY: This document proposes to proposals contained in this notice may the effective date of this AD, accomplish a supersede Airworthiness Directive (AD) be changed in light of the comments leakage check of all lavatory water tube/hose 95–26–18, which currently requires received. connections in accordance with the inspecting (one-time) certain wing lift Comments are specifically invited on ACCOMPLISHMENT INSTRUCTIONS struts for internal corrosion on Maule the overall regulatory, economic, section of Piaggio Service Bulletin Aerospace Technology Corp. (Maule) environmental, and energy aspects of (Mandatory) No. SB–80–0096, dated January M–4, M–5, M–6, M–7, MX–7, and MXT– the proposed rule. All comments 31, 1997. If leakage is found, prior to further 7 series airplanes and Models MT–7– submitted will be available, both before flight, correct the installation of these 235 and M–8–235 airplanes, and and after the closing date for comments, connections in accordance with the above- replacing any wing lift strut where in the Rules Docket for examination by referenced service bulletin. corrosion is found. That AD was the interested persons. A report that (b) Special flight permits may be issued in summarizes each FAA-public contact accordance with sections 21.197 and 21.199 result of a report of an accident where concerned with the substance of this of the Federal Aviation Regulations (14 CFR the wing separated from one of the proposal will be filed in the Rules 21.197 and 21.199) to operate the airplane to affected airplanes. The proposed AD a location where the requirements of this AD would retain the initial inspection and Docket. Commenters wishing the FAA to can be accomplished. possible replacement requirements of (c) An alternative method of compliance or AD 95–26–18, would require the acknowledge receipt of their comments adjustment of the compliance time that inspections to be repetitive, and would submitted in response to this notice provides an equivalent level of safety may be provide the option of using ultrasonic must submit a self-addressed, stamped approved by the Manager, Small Airplane procedures to accomplish the inspection postcard on which the following Directorate, 1201 Walnut, suite 900, Kansas requirements. The actions specified by statement is made: ‘‘Comments to City, Missouri 64106. The request shall be the proposed AD are intended to Docket No. 98–CE–01–AD.’’ The forwarded through an appropriate FAA prevent failure of the wing lift struts postcard will be date stamped and Maintenance Inspector, who may add caused by corrosion damage, which returned to the commenter. comments and then send it to the Manager, could eventually result in the wing Availability of NPRMs Small Airplane Directorate. separating from the airplane. Any person may obtain a copy of this Note 2: Information concerning the DATES: Comments must be received on NPRM by submitting a request to the existence of approved alternative methods of or before May 22, 1998. FAA, Central Region, Office of the compliance with this AD, if any, may be ADDRESSES: Submit comments in obtained from the Small Airplane Regional Counsel, Attention: Rules triplicate to the Federal Aviation Docket No. 98–CE–01–AD, Room 1558, Directorate. Administration (FAA), Central Region, (d) Questions or technical information 601 E. 12th Street, Kansas City, Missouri Office of the Regional Counsel, 64106. related to Piaggio Service Bulletin Attention: Rules Docket No. 98–CE–01– (Mandatory) No. SB–80–0096, dated January AD, Room 1558, 601 E. 12th Street, Discussion 31, 1997, should be directed to I.A.M. Kansas City, Missouri 64106. Comments AD 95–26–18, Amendment 39–9476 Rinaldo Piaggio S.p.A., Via Cibrario, 4 16154 may be inspected at this location Genoa, Italy. This service information may be (61 FR 623, January 9, 1996), currently between 8 a.m. and 4 p.m., Monday examined at the FAA, Central Region, Office requires the following on Maule through Friday, holidays excepted. of the Regional Counsel, Room 1558, 601 E. Aerospace Technology Corp. (Maule) Service information that applies to the 12th Street, Kansas City, Missouri 64106. M–4, M–5, M–6, M–7, MX–7, and MXT– proposed AD may be obtained from 7 series airplanes and Models MT–7– Note 3: The subject of this AD is addressed Maule Aerospace Technology Inc., 2099 in Italian AD 97–022, dated March 2, 1997. 235 and M–8–235 airplanes that are GA. Highway, 133 South, Moultrie, equipped with part number (P/N) 2079E Issued in Kansas City, Missouri, on March Georgia 31768; telephone: (912) 985– rear wing lift struts and P/N 2080E front 17, 1998. 2045; facsimile: (912) 890–2402. This wing lift struts: inspecting (one-time) Michael Gallagher, information also may be examined at the wing lift struts for internal Manager, Small Airplane Directorate, Aircraft the Rules Docket at the address above. corrosion, and replacing any wing lift Certification Service. FOR FURTHER INFORMATION CONTACT: strut where corrosion is found. [FR Doc. 98–7523 Filed 3–23–98; 8:45 am] Cindy Lorenzen, Aerospace Engineer, Accomplishment of the actions required BILLING CODE 4910±13±M FAA, Atlanta Aircraft Certification by AD 95–26–18 is in accordance with 14052 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

Maule Service Bulletin (SB) No. 11, • Would retain the initial inspection Regulatory Impact Issued: October 30, 1995. and possible replacement requirements The regulations proposed herein That AD was the result of a report of of AD 95–26–18; would not have substantial direct effects an accident where the wing separated • Would require the inspections to be on the States, on the relationship from one of the affected airplanes. repetitive; and between the national government and The reason the FAA only included a • Would provide the option of using the States, or on the distribution of one-time inspection requirement in AD ultrasonic procedures to accomplish the power and responsibilities among the 95–26–18 rather than a repetitive inspection requirements. various levels of government. Therefore, inspection requirement is that the The airplanes affected by the in accordance with Executive Order nature of the unsafe condition did not proposed AD could have wing lift struts 12612, it is determined that this allow the FAA to solicit public installed that have Parts Manufacture proposal would not have sufficient comment prior to the issuance of the Approval (PMA). For those airplanes federalism implications to warrant the rule. The Administrative Procedure Act having PMA parts that are equivalent preparation of a Federalism Assessment. (APA) requires that each requirement of (PMA by equivalency) to those For the reasons discussed above, I an AD action be analyzed separately to referenced in the proposed AD, the certify that this action (1) is not a determine whether prior public notice is phrase ‘‘or FAA-approved equivalent ‘‘significant regulatory action’’ under necessary. Since the repetitive part number’’ means that the proposed Executive Order 12866; (2) is not a inspections would have been at 2 year AD applies to airplanes with PMA by ‘‘significant rule’’ under DOT intervals, the FAA could not make an equivalency wing lift struts installed. Regulatory Policies and Procedures (44 independent finding of ‘‘impractability’’ FR 11034, February 26, 1979); and (3) if for bypassing prior public comment on Compliance Time of the Proposed AD promulgated, will not have a significant the repetitive inspections; only for the economic impact, positive or negative, The compliance time of the proposed initial inspection and possible on a substantial number of small entities AD is presented in calendar time replacement required by AD 95–26–18. under the criteria of the Regulatory instead of hours time-in-service. The Flexibility Act. A copy of the draft The FAA has approved alternative FAA has determined that a calendar regulatory evaluation prepared for this methods of compliance (AMOC) to the time for compliance is the most action has been placed in the Rules inspection requirement of AD 95–26–18. desirable method because the unsafe Docket. A copy of it may be obtained by The approved AMOC’s allow the condition described in the proposed AD contacting the Rules Docket at the inspection to be accomplished using is caused by corrosion. Corrosion can location provided under the caption ultrasonic, X-ray, and borescope occur on airplanes regardless of whether ADDRESSES. procedures. the airplane is in service. List of Subjects in 14 CFR Part 39 The FAA’s Determination Cost Impact After examining the circumstances Air transportation, Aircraft, Aviation The FAA estimates that 1,196 safety, Safety. and reviewing all available information airplanes in the U.S. registry would be related to the incidents described above, affected by the proposed AD, that it The Proposed Amendment the FAA has determined the following: would take 11 workhours per airplane • Accordingly, pursuant to the That the wing lift strut inspection to accomplish the proposed initial authority delegated to me by the required by AD 95–26–18 should be inspection, and that the average labor Administrator, the Federal Aviation repetitive; rate is approximately $60 an hour. Parts Administration proposes to amend 14 • That the option of using ultrasonic to accomplish the proposed initial CFR part 39 of the Federal Aviation procedures to accomplish the inspection inspection cost approximately $40 per Regulations as follows: requirements should be provided; and airplane. Based on these figures, the • That AD action should be taken to total cost impact of the proposed AD on PART 39ÐAIRWORTHINESS prevent failure of the wing lift struts U.S. operators is estimated to be DIRECTIVES caused by corrosion damage, which $837,200. This figure only takes into account the cost of the proposed initial 1. The authority citation for part 39 could eventually result in the wing continues to read as follows: separating from the airplane. inspection and does not take into account the cost of the proposed Authority: 49 U.S.C. 106(g), 40113, 44701. Explanation of the Provisions of the repetitive inspections. The FAA has no § 39.13 [Amended] Proposed AD way of determining how many repetitive inspections each owner/ 2. Section 39.13 is amended by Since an unsafe condition has been removing Airworthiness Directive (AD) identified that is likely to exist or operator of the affected airplanes would incur. 95–26–18, Amendment 39–9476, and by develop in other Maule M–4, M–5, M– adding a new AD to read as follows: 6, M–7, MX–7, and MXT–7 series and In addition, these figures are based Models MT–7–235 and M–8–235 upon the presumption that no affected Maule Aerospace Technology Corp.: Docket airplanes of the same type design that airplane operator has accomplished the No. 98–CE–01–AD; Supersedes AD 95– 26–18, Amendment 39–9476. are equipped with P/N 2079E (or FAA- proposed inspection, and does not take approved equivalent part number) rear into account the cost for replacement if Applicability: The following airplane models, all serial numbers, certificated in any wing lift struts or P/N 2080E front wing corrosion is found on a wing lift strut. category; that are equipped with part number lift struts (or FAA-approved equivalent The FAA has no way of determining the (P/N) 2079E (or FAA-approved equivalent part number), the FAA is proposing an number of wing lift struts that may need part number) rear wing lift struts or P/N AD to supersede AD 95–26–18. The to be replaced based upon the results of 2080E (or FAA-approved equivalent part proposed AD: the proposed inspections. number) front wing lift struts:

Bee Dee M±4 ...... M±4 ...... M±4C ...... M±4S M±4T ...... M±4±180C ...... M±4±180S ...... M±4±180T Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14053

M±4±210 ...... M±4±210C ...... M±4±210S ...... M±4±210T M±4±220 ...... M±4±220C ...... M±4±220S ...... M±4±220T M±5±180C ...... M±5±200 ...... M±5±210C ...... M±5±210TC M±5±220C ...... M±5±235C ...... M±6±180 ...... M±6±235 M±7±235 ...... MX±7±235 ...... MX±7±180 ...... MX±7±420 MXT±7±180 ...... MT±7±235 ...... M±8±235 ...... MX±7±160 MXT±7±160 ...... MX±7±180A ...... MXT±7±180A ...... MX±7±180B MXT±7±420 ...... M±7±235B ...... M±7±235A ...... M±7±235C

Note 1: The airplanes affected by this AD PROCEDURE section of Maule SB No. 11, 24 calendar months using the procedures could have wing lift struts installed that have Issued: October 30, 1995. specified in paragraphs (a)(1) and (a)(2), Parts Manufacture Approval (PMA). For (i) If no perceptible dents (as defined in the including all subparagraphs, of this AD. those airplanes having PMA parts that are above SB) are found in the wing lift strut and (c) The repetitive inspections required by equivalent (PMA by equivalency) to those no corrosion is externally visible, apply this AD may be terminated after installing referenced in this AD, the phrase ‘‘or FAA- corrosion inhibitor to each strut in new wing lift strut assemblies as specified in approved equivalent part number’’ means accordance with Maule SB No. 11, Issued: paragraph (a)(4) of this AD provided no holes that this AD applies to airplanes with PMA October 30, 1995. Reinspect the wing lift are drilled in these strut assemblies as by equivalency wing lift struts installed. struts at intervals not to exceed 24 calendar specified in paragraph (b) of this AD. Note 2: This AD does not apply to months provided no perceptible dents or (d) Special flight permits may be issued in airplanes equipped with four Maule sealed external corrosion is found. accordance with sections 21.197 and 21.197 lift struts, P/N 2200E and P/N 2201E. These (ii) If a perceptible dent (as defined in the of the Federal Aviation Regulations (14 CFR sealed lift struts are identified by two raised above SB) is found in the wing lift strut or 21.197 and 21.199) to operate the airplane to weld spots on the upper end of the strut just external corrosion is found, prior to further a location where the requirements of this AD below the serial number plate. Removal of flight, accomplish one of the installations can be accomplished. the upper cuff is needed to locate the weld (and subsequent actions presented in each (e) An alternative method of compliance or spots. paragraph) specified in paragraphs (a)(3) and adjustment of the initial or repetitive (a)(4) of this AD. compliance times that provides an equivalent Note 3: This AD applies to each airplane (2) Inspect the wing lift struts for corrosion identified in the preceding applicability level of safety may be approved by the in accordance with the Appendix to this AD. Manager, Atlanta Aircraft Certification Office provision, regardless of whether it has been The inspection procedures in this Appendix modified, altered, or repaired in the area (ACO), One Crown Center, 1895 Phoenix must be accomplished by a Level 2 or Level Boulevard, suite 450, Atlanta, Georgia 30349. subject to the requirements of this AD. For 3 inspector certified using the guidelines airplanes that have been modified, altered, or (1) The request shall be forwarded through established by the American Society for Non- an appropriate FAA Maintenance Inspector, repaired so that the performance of the destructive Testing, or MIL–STD–410. requirements of this AD is affected, the who may add comments and then send it to (i) If no external corrosion is found and all the Manager, Atlanta ACO. owner/operator must request approval for an requirements in the Appendix to this AD are alternative method of compliance in (2) Alternative methods of compliance met, prior to further flight, apply corrosion approved in accordance with AD 95–26–18 accordance with paragraph (e) of this AD. inhibitor to each strut in accordance with The request should include an assessment of are considered approved as alternative Maule SB No. 11, Issued: October 30, 1995. methods of compliance for this AD. the effect of the modification, alteration, or Reinspect the lift struts at intervals not to repair on the unsafe condition addressed by exceed 24 calendar months provided no Note 5: Information concerning the this AD; and, if the unsafe condition has not external corrosion is found and all of the existence of approved alternative methods of been eliminated, the request should include requirements included in the Appendix of compliance with this AD, if any, may be specific proposed actions to address it. this AD are met. obtained from the Atlanta ACO. Compliance: Required as indicated in the (ii) If external corrosion is found or if any (f) All persons affected by this directive body of this AD, unless already of the requirements in the Appendix of this may obtain copies of the document referred accomplished. AD are not met, prior to further flight, to herein upon request to Maule Aerospace To prevent failure of the wing lift struts accomplish one of the installations (and Technology, Inc., 2099 GA Hwy., 133 South, caused by corrosion damage, which could subsequent actions presented in each Moultrie, Georgia 31768; or may examine this eventually result in the wing separating from paragraph) specified in paragraphs (a)(3) and document at the FAA, Central Region, Office the airplane, accomplish the following: (a)(4) of this AD. of the Regional Counsel, Room 1558, 601 E. Note 4: The paragraph structure of this AD (3) Install original equipment manufacturer 12th Street, Kansas City, Missouri 64106. is as follows: (OEM) part number wing lift struts (or FAA- (g) This amendment supersedes AD 95–26– approved equivalent part numbers) that have 18, mendment 39–9476. Level 1: (a), (b), (c), etc. been inspected in accordance with the Level 2: (1), (2), (3), etc. specifications presented in either paragraph Appendix to Docket No. 98–CE–01–AD Level 3: (i), (ii), (iii), etc. (a)(1) or (a)(2) of this AD, and are found to Procedures and Requirements for Ultrasonic Level 2 and Level 3 structures are be airworthy according to the inspection Inspection of Maule Wing Lift Struts designations of the Level 1 paragraph they requirements included in these paragraphs. Equipment Requirements immediately follow. Thereafter, inspect these wing lift struts at (a) Upon accumulating 2 years on a lift intervals not to exceed 24 calendar months 1. A portable ultrasonic thickness gauge or strut affected by this AD; within 3 calendar in accordance with the specifications flaw detector with echo-to-echo digital months after the effective date of this AD; or presented in either paragraph (a)(1) or (a)(2) thickness readout capable of reading to 0.001 within 2 years after the last inspection of this AD. inch and an A-trace waveform display will be accomplished in accordance with AD 95–26– (4) Install new Maule sealed wing lift needed to accomplish this inspection. 18 (superseded by this action), whichever struts, P/N 2200E or P/N 2201E, as applicable 2. An ultrasonic probe with the following occurs later, remove the wing lift struts in (or FAA-approved equivalent part numbers) specifications will be needed to accomplish accordance with the INSTRUCTIONS section on each wing as specified in the this inspection: 10 MHz (or higher), 0.283 of Maule Service Bulletin (SB) No. 11, Issued: INSTRUCTIONS section in Part II of Maule inch (or smaller) diameter dual element or October 30, 1995, and accomplish one of the SB No. 11, Issued: October 30, 1995. delay line transducer designed for thickness following (the actions in either paragraph (b) If holes are drilled into the sealed wing gauging. The transducer and ultrasonic (a)(1), (a)(2), (a)(3), or (a)(4), including all lift strut assemblies installed as specified in system shall be capable of accurately subparagraphs; of this AD): paragraph (a)(4) of this AD in order to attach measuring the thickness of AISI 4340 steel (1) Inspect the wing lift struts for corrosion cuffs, door clips, or other hardware, inspect down to 0.020 inch. An accuracy of +/ in accordance with the INSPECTION the wing lift struts at intervals not to exceed ¥0.002 inch throughout a 0.020 inch to 14054 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

0.050 inch thickness range while calibrating sample. Adjust the delay and range settings Inspection Procedure shall be the criteria for acceptance. to arrive at an A-trace signal display with the 1. Clean the lower 18 inches of the wing 3. Either a precision machined step wedge first backwall echo from the steel near the left lift struts using a cleaner that will remove all made of 4340 steel (or similar steel with side of the screen and the second backwall dirt and grease. Dirt and grease will adversely equivalent sound velocity) or at least three echo near the right of the screen. Note that affect the accuracy of the inspection shim samples of same material will be when a single element transducer is used, the technique. Light sanding or polishing may needed to accomplish this inspection. One initial pulse and the delay line/steel interface also be required to reduce surface roughness thickness of the step wedge or shim shall be will be off of the screen to the left. Adjust the as noted in the EQUIPMENT less than or equal to 0.020 inch, one shall be gain to place the amplitude of the first REQUIREMENTS section. greater than or equal to 0.050 inch and at backwall signal at approximately 80% screen 2. Using a flexible ruler, draw a 1/4-inch least one other step or shim shall be between height on the A-trace. grid on the surface of the first 11 inches from these two values. 7. ‘‘Ring’’ the transducer on the thinnest the lower end of the strut as shown in Piper 4. Glycerin, light oil, or similar non-water step or shim using couplant. Select positive Service Bulletin No. 528D or 910A, as based ultrasonic couplants are recommended half-wave rectified, negative half-wave applicable. This can be done using a soft (#2) in the setup and inspection procedures. rectified, or filtered signal display to obtain pencil and should be done on both faces of Water-based couplants, containing the cleanest signal. Adjust the pulse voltage, the strut. As an alternative to drawing a appropriate corrosion inhibitors, may be pulse width, and damping to obtain the best complete grid, make two rows of marks utilized, provided they are removed from signal resolution. These settings can vary spaced every 1/4 inch across the width of the both the reference standards and the test item from one transducer to another and are also strut. One row of marks should be about 11 after the inspection procedure is completed user dependent. inches from the lower end of the strut, and and adequate corrosion prevention steps are 8. Enable the thickness gate, and adjust the the second row should be several inches then taken to protect these items. gate so that it starts at the first backwall echo away where the strut starts to narrow. Lay the Note: Couplant is defined as ‘‘a substance and ends at the second backwall echo. flexible ruler between respective tick marks used between the face of the transducer and (Measuring between the first and second of the two rows and use tape or a rubber band test surface to improve transmission of backwall echoes will produce a measurement to keep the ruler in place. See Figure 1. ultrasonic energy across the transducer/strut of the steel thickness that is not affected by 3. Apply a generous amount of couplant interface.’’ the paint layer on the strut). If instability of inside each of the square areas or along the Note: If surface roughness due to paint loss the gate trigger occurs, adjust the gain, gate edge of the ruler. Re-application of couplant or corrosion is present, the surface should be level, and/or damping to stabilize the may be necessary. sanded or polished smooth before testing to thickness reading. 4. Place the transducer inside the first assure a consistent and smooth surface for 9. Check the digital display reading and if square area of the drawn grid or at the first making contact with the transducer. Care it does not agree with the known thickness 1/4-inch mark on the ruler and ‘‘ring’’ the shall be taken to remove a minimal amount of the thinnest thickness, follow your transducer to the strut. When using a dual of structural material. Paint repairs may be instrument’s calibration recommendations to element transducer, be very careful to record necessary after the inspection to prevent produce the correct thickness reading. When the thickness value with the axis of the further corrosion damage from occurring. a single element transducer is used this will transducer elements perpendicular to any Removal of surface irregularities will usually involve adjusting the fine delay curvature in the strut. If this is not done, loss enhance the accuracy of the inspection setting. of signal or inaccurate readings can result. technique. 10. Place the transducer on the thickest 5. Take readings inside each square on the step of shim using couplant. Adjust the Instrument Setup grid or at 1/4-inch increments along the ruler thickness gate width so that the gate is and record the results. When taking a 1. Set up the ultrasonic equipment for triggered by the second backwall reflection of thickness reading, rotate the transducer thickness measurements as specified in the the thick section. If the digital display does slightly back and forth and experiment with instrument’s user’s manual. Because of the not agree with the thickest thickness, follow the angle of contact to produce the lowest variety of equipment available to perform your instruments calibration thickness reading possible. Pay close ultrasonic thickness measurements, some recommendations to produce the correct attention to the A-scan display to assure that modification to this general setup procedure thickness reading. A slight adjustment in the the thickness gate is triggering off of may be necessary. However, the tolerance velocity may be necessary to get both the maximized backwall echoes. requirement of step 13 and the record thinnest and the thickest reading correct. keeping requirement of step 14, must be Document the changed velocity value. Note: A reading shall not exceed .041 inch. satisfied. 11. Place couplant on an area of the lift If a reading exceeds .041 inch, repeat steps 2. If battery power will be employed, check strut which is thought to be free of corrosion 13 and 14 of the INSTRUMENT SETUP to see that the battery has been properly and ‘‘ring’’ the transducer to surface. Minor section before proceeding further. charged. The testing will take approximately adjustments to the signal and gate settings 6. If the A-trace is unsteady or the two hours. Screen brightness and contrast may be required to account for coupling thickness reading is clearly wrong, adjust the should be set to match environmental improvements resulting from the paint layer. signal gain and/or gate setting to obtain conditions. The thickness gate level should be set just reasonable and steady readings. If any 3. Verify that the instrument is set for the high enough so as not to be triggered by instrument setting is adjusted, repeat steps 13 type of transducer being used, i.e. single or irrelevant signal noise. An area on the upper and 14 of the Instrument Setup section before dual element, and that the frequency setting surface of the lift strut above the inspection proceeding further. is compatible with the transducer. area would be a good location to complete 7. In areas where obstructions are present, 4. If a removable delay line is used, remove this step and should produce a thickness take a data point as close to the correct area it and place a drop of couplant between the reading between 0.034-inch and 0.041-inch. as possible. transducer face and the delay line to assure 12. Repeat steps 8, 9, 10, and 11 until both Note: The strut wall contains a fabrication good transmission of ultrasonic energy. thick and thin shim measurements are within bead at approximately 40% of the strut Reassemble the delay line transducer and tolerance and the lift strut measurement is chord. The bead may interfere with accurate continue. reasonable and steady. measurements in that specific location. 5. Program a velocity of 0.231 inch/ 13. Verify that the thickness value shown 8. A measurement of 0.024 inch or less microsecond into the ultrasonic unit unless in the digital display is within +/-0.002 inch shall require replacement of the strut prior to an alternative instrument calibration of the correct value for each of the three or further flight. procedure is used to set the sound velocity. more steps of the setup wedge or shims. 9. If at any time during testing an area is 6. Obtain a step wedge or steel shims per Make no further adjustments to the encountered where a valid thickness item 3 of the Equipment Requirements. Place instrument settings. measurement cannot be obtained due to a the probe on the thickest sample using 14. Record the ultrasonic versus actual loss of signal strength or quality, the area couplant. Rotate the transducer slightly back thickness of all wedge steps or steel shims shall be considered suspect. These areas may and forth to ‘‘ring’’ the transducer to the available as a record of setup. have a remaining wall thickness of less than Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14055

0.020 inch, which is below the range of this from the rough surface and may result in a as specified in Piper Service Bulletin No. setup, or they may have small areas of signal that includes echoes from the pits as 528D or 910A. localized corrosion or pitting present. The well as the backwall. The suspect area(s) 10. Record the lift strut inspection in the latter case will result in a reduction in signal shall be tested with a Maule ‘‘Fabric Tester’’ aircraft log book. strength due to the sound being scattered BILLING CODE 4910±13±U

Issued in Kansas City, Missouri, on March require fluorescent penetrant and eddy sent via the Internet must contain the 17, 1998. current inspections of 2nd stage high docket number in the subject line. Michael Gallagher, pressure turbine (HPT) rotating airseals Comments may be inspected at this Manager, Small Airplane Directorate, Aircraft for cracks, removal from service of location between 8:00 a.m. and 4:30 Certification Service. cracked parts, incorporation of p.m., Monday through Friday, except [FR Doc. 98–7522 Filed 3–23–98; 8:45 am] improved 2nd stage HPT rotating Federal holidays. BILLING CODE 4910±13±C airseals, and modification of 2nd stage The service information referenced in ring segments and vane clusters to the proposed rule may be obtained from increase cooling flow and reduce stress Pratt & Whitney, 400 Main St., East DEPARTMENT OF TRANSPORTATION as terminating action to the inspection Hartford, CT 06108; telephone (860) requirements. This proposal is 565–6600, fax (860) 565–4503. This Federal Aviation Administration prompted by reports of 2nd stage HPT information may be examined at the rotating airseal cracking. The actions 14 CFR Part 39 FAA, New England Region, Office of the specified by the proposed AD are Regional Counsel, 12 New England [Docket No. 98±ANE±02±AD] intended to prevent 2nd stage HPT Executive Park, Burlington, MA. rotating airseal cracking, which could FOR FURTHER INFORMATION CONTACT: RIN 2120±AA64 result in an uncontained engine failure Peter White, Aerospace Engineer, and damage to the aircraft. Airworthiness Directives; Pratt & Engine Certification Office, FAA, Engine Whitney PW4000 Series Turbofan DATES: Comments must be received by and Propeller Directorate, 12 New Engines May 26, 1998. England Executive Park, Burlington, MA 01803–5299; telephone (781) 238–7128, AGENCY: Federal Aviation ADDRESSES: Submit comments in fax (781) 238–7199. Administration, DOT. triplicate to the Federal Aviation ACTION: Notice of proposed rulemaking Administration (FAA), New England SUPPLEMENTARY INFORMATION: Region, Office of the Regional Counsel, (NPRM). Comments Invited Attention: Rules Docket No. 98–ANE– SUMMARY: This document proposes the 02–AD, 12 New England Executive Park, Interested persons are invited to adoption of a new airworthiness Burlington, MA 01803–5299. Comments participate in the making of the directive (AD) that is applicable to may also be sent via the Internet using proposed rule by submitting such certain Pratt & Whitney PW4000 series the following address: ‘‘9-ad- written data, views, or arguments as turbofan engines. This proposal would [email protected]’’. Comments they may desire. Communications 14056 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules should identify the Rules Docket PW4ENG A72–628, Revision 1, dated power and responsibilities among the number and be submitted in triplicate to February 17, 1998, and No. PW4G–100– various levels of government. Therefore, the address specified above. All A72–80, Revision 1, dated February 17, in accordance with Executive Order communications received on or before 1998, that describe procedures for 12612, it is determined that this the closing date for comments, specified fluorescent penetrant inspections (FPI) proposal would not have sufficient above, will be considered before taking and eddy current inspections (ECI) of federalism implications to warrant the action on the proposed rule. The HPT airseals for cracks; and PW Service preparation of a Federalism Assessment. proposals contained in this notice may Bulletins (SBs) No. PW4ENG 72–636, For the reasons discussed above, I be changed in light of the comments dated May 16, 1997, No. PW4G–100– certify that this proposed regulation (1) received. 72–93, dated May 22, 1997, No. is not a ‘‘significant regulatory action’’ Comments are specifically invited on PW4ENG 72–637, dated May 16, 1997, under Executive Order 12866; (2) is not the overall regulatory, economic, and No. PW4G–100–72–94, dated May a ‘‘significant rule’’ under the DOT environmental, and energy aspects of 22, 1997, that describe procedures for Regulatory Policies and Procedures (44 the proposed rule. All comments modification of 2nd stage ring segments FR 11034, February 26, 1979); and (3) if submitted will be available, both before and vane clusters, and incorporation of promulgated, will not have a significant and after the closing date for comments, improved HPT airseals. economic impact, positive or negative, in the Rules Docket for examination by Since an unsafe condition has been on a substantial number of small entities interested persons. A report identified that is likely to exist or under the criteria of the Regulatory summarizing each FAA-public contact develop on other products of this same Flexibility Act. A copy of the draft concerned with the substance of this type design, the proposed AD would regulatory evaluation prepared for this proposal will be filed in the Rules require, at the next hot section shop action is contained in the Rules Docket. Docket. visit and all subsequent hot section A copy of it may be obtained by Commenters wishing the FAA to shop visits after the effective date of this contacting the Rules Docket at the acknowledge receipt of their comments AD, FPI and ECI of HPT airseals for location provided under the caption submitted in response to this notice cracks, and removal from service of ADDRESSES. must submit a self-addressed, stamped cracked parts. Within 6 years after the postcard on which the following effective date of this AD, this AD would List of Subjects in 14 CFR Part 39 statement is made: ‘‘Comments to require modification of 2nd stage ring Air transportation, Aircraft, Aviation Docket Number 98–ANE–02–AD.’’ The segments and vane clusters, and safety, Safety. postcard will be date stamped and incorporation of improved HPT airseals, The Proposed Amendment returned to the commenter. as terminating action to the inspection requirements. The calendar end-date Accordingly, pursuant to the Availability of NPRMs was determined based upon risk authority delegated to me by the Any person may obtain a copy of this analysis, review of service data, Administrator, the Federal Aviation NPRM by submitting a request to the industry capability and parts Administration proposes to amend part FAA, New England Region, Office of the availability. The actions would be 39 of the Federal Aviation Regulations Regional Counsel, Attention: Rules required to be accomplished in (14 CFR part 39) as follows: Docket No. 98–ANE–02–AD, 12 New accordance with the service documents England Executive Park, Burlington, MA described previously. PART 39ÐAIRWORTHINESS 01803–5299. There are approximately 1,720 DIRECTIVES engines of the affected design in the Discussion 1. The authority citation for part 39 worldwide fleet. The FAA estimates that continues to read as follows: The Federal Aviation Administration 350 engines installed on aircraft of U.S. (FAA) has received reports of 2nd stage registry would be affected by this Authority: 49 U.S.C. 106(g), 40113, 44701. high pressure turbine (HPT) rotating proposed AD, and that it would take no § 39.13 [Amended] airseal cracking on Pratt & Whitney additional time to accomplish the 2. Section 39.13 is amended by (PW) Models PW4052, PW4056, proposed actions. Required parts would adding the following new airworthiness PW4060, PW4060A, PW4062, PW4152, cost approximately $57,200 per engine. directive: PW4156A, PW4158, PW4460, PW4462, In addition, these parts will have PW4164, and PW4168 turbofan engines. consumed some portion of their life Pratt & Whitney: Docket No. 98–ANE–02– These reports of rotating air seal limits at the time of their removal, so AD. cracking led to the issuance of PW Alert this full cost burden will not be Applicability: Pratt & Whitney Models PW4052, PW4056, W4060, PW4060A, Service Bulletin (ASBs) that describe realized. Based on these figures, PW4062, PW4152, PW4156A, PW4158, procedures for inspecting airseals on assuming an average part removal time PW4460, W4462, PW4164, and PW4168 uninstalled engines. Results of these of 7,000 cycles, the total cost impact of turbofan engines, with 2nd stage high inspections revealed a widespread the proposed AD on U.S. operators is pressure turbine (HPT) rotating airseals, Part cracking problem affecting all of these estimated to be $10,677,333. Pratt & Numbers (P/N) 50L156 or 50L195, installed. engine models. Further investigation Whitney has advised the FAA that it has These engines are installed on but not revealed that the HPT airseals crack due an Industry Support Program that will limited to Boeing 747 and 767 series, to low cycle fatigue in at least three reimburse operators for unconsumed McDonnell Douglas MD–11 series, and distinct locations. The causes of these life in parts that are retired early for Airbus Industrie A300, A310, and A330 series aircraft. cracks are a combination of excessive cracking. This should eliminate the thermal and mechanical loading. This majority of the financial burden to the Note 1: This airworthiness directive (AD) applies to each engine identified in the condition, if not corrected, could result operators. preceding applicability provision, regardless in HPT airseal cracking, which could The regulations proposed herein of whether it has been modified, altered, or result in an uncontained engine failure would not have substantial direct effects repaired in the area subject to the and damage to the aircraft. on the States, on the relationship requirements of this AD. For engines that The FAA has reviewed and approved between the national government and have been modified, altered, or repaired so the technical contents of PW ASBs No. the States, or on the distribution of that the performance of the requirements of Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14057 this AD is affected, the owner/operator must DEPARTMENT OF THE INTERIOR DEPARTMENT OF TRANSPORTATION request approval for an alternative method of compliance in accordance with paragraph (d) Minerals Management Service Coast Guard of this AD. The request should include an assessment of the effect of the modification, 30 CFR Part 206 33 CFR Part 100 alteration, or repair on the unsafe condition [CGD07±98±013] addressed by this AD; and, if the unsafe RIN 1010±AC09 condition has not been eliminated, the RIN 2115±AE46 request should include specific proposed Establishing Oil Value for Royalty Due Special Local Regulations; River Race actions to address it. on Federal Leases Compliance: Required as indicated, unless Augusta, Augusta, GA accomplished previously. AGENCY: Minerals Management Service, AGENCY: Coast Guard, DOT. To prevent 2nd stage HPT rotating airseal Interior. ACTION: Notice of proposed rulemaking. cracking, which could result in an uncontained engine failure and damage to ACTION: Supplementary Proposed rule; SUMMARY: The Coast Guard proposes to the aircraft, accomplish the following: notice of extension of public comment establish permanent special local (a) At the next hot section shop visit after period. regulations for the River Race Augusta, the effective date of this AD, and at each which will be held annually on the subsequent hot section shop visit, fluorescent SUMMARY: The Minerals Management third Friday, Saturday and Sunday of penetrant inspect and eddy current inspect Service (MMS) hereby gives notice that May, between 7 a.m. and 5 p.m. Eastern 2nd stage HPT rotating airseals for cracks, it is extending the public comment Daylight Time (EDT) each day. remove from service cracked airseals, and Historically, there have been replace with serviceable parts, in accordance period on a supplementary proposed with Pratt & Whitney Alert Service Bulletins rule, which was published in the approximately sixty participants racing No. PW4ENG A72–628, Revision 1, dated Federal Register on February 6, 1998, 16 to 18 foot outboard power boats on February 17, 1998, and No. PW4G–100–A72– (63 FR 6113). The proposed rule amends that portion of the Savannah River at 80, Revision 1, dated February 17, 1998. the royalty valuation regulations for Augusta, GA, between mile markers 199 (b) For the purpose of this AD, a hot crude oil produced from Federal leases. and 197. These proposed regulations are section shop visit is defined as any time the In response to requests for additional necessary to provide for the safety of life HPT module is disassembled. time, MMS will extend the comment on navigable waters during the event, as (c) Within 6 years after the effective date period from March 23, 1998, to April 7, the nature of the event and the closure of this AD, modify 2nd stage ring segments 1998. of the Savannah River creates an extra and vane clusters, and install improved 2nd or unusual hazard in the navigable stage HPT rotating airseals in accordance DATES: Comments must be submitted on waters. with Pratt & Whitney Service Bulletins No. or before April 7, 1998. DATES: Comments must be received on PW4ENG 72–636, dated May 16, 1997, No. or before April 23, 1998. PW4G–100–72–93, dated May 22, 1997, No. ADDRESSES: Mail comments, ADDRESSES: Comments may be mailed to PW4ENG 72–637, dated May 16, 1997, and suggestions, or objections about this No. PW4G–100–72–94, dated May 22, 1997. supplementary proposed rule to: Commander, U.S. Coast Guard Group Performance of these modifications and Minerals Management Service, Royalty Charleston, 196 Tadd Street, Charleston, installation of the improved 2nd stage HPT Management Program, Rules and SC 29401, or may be delivered to the rotating airseal constitutes terminating action Publications Staff, P.O. Box 25165, MS operations office at the same address between 7:30 a.m. and 3:30 p.m., to the inspection requirements of this AD. 3021, Denver, Colorado 80225–0165. Monday through Friday, except federal (d) An alternative method of compliance or Courier address is Building 85, Denver holidays. The telephone number is (803) adjustment of the compliance time that Federal Center, Denver, Colorado 80225. provides an acceptable level of safety may be 724–7621. Comments will become a part E-mail address is used if approved by the Manager, Engine of the public docket and will be Certification Office. Operators shall submit [email protected]. available for copying and inspection at their request through an appropriate FAA FOR FURTHER INFORMATION CONTACT: the same address. Principal Maintenance Inspector, who may David S. Guzy, Chief, Rules and FOR FURTHER INFORMATION CONTACT: add comments and then send it to the Publications Staff, telephone number LTJG A.L. Cooper, Coast Guard Group Manager, Engine Certification Office. (303) 231–3432, fax number (303) 231– Charleston at (803) 720–7748. Note 2: Information concerning the 3385, e-mail [email protected]. SUPPLEMENTARY INFORMATION: existence of approved alternative methods of compliance with this airworthiness directive, SUPPLEMENTARY INFORMATION: MMS Request for Comments if any, may be obtained from the Engine received requests from industry The Coast Guard encourages Certification Office. representatives to extend the comment interested persons to participate in the (e) Special flight permits may be issued in period of this supplementary proposed rulemaking by submitting written views, accordance with sections 21.197 and 21.199 rule. This time extension is in response data or arguments. Persons submitting of the Federal Aviation Regulations (14 CFR to those requests in order to provide comments should include their names, 21.197 and 21.199) to operate the aircraft to commentors with adequate time to addresses, identify the notice (CGD07– a location where the requirements of this AD provide detailed comments that MMS can be accomplished. 98–013) and the specific section of this can use to proceed in the rulemaking. proposal to which their comments apply Issued in Burlington, Massachusetts, on Dated: March 17, 1998. and give the reason for each comment. March 17, 1998. The Coast Guard will consider all Jay J. Pardee, Lucy Querques Denett, comments received during the comment Manager, Engine and Propeller Directorate, Associate Director for Royalty Management. period. It may change this proposal in Aircraft Certification Service. [FR Doc. 98–7548 Filed 3–23–98; 8:45 am] view of the comments received. The [FR Doc. 98–7559 Filed 3–23–98; 8:45 am] BILLING CODE 4310±MR±P Coast Guard plans no public hearing. BILLING CODE 4910±13±P Persons may request a public hearing by 14058 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules writing to the address under ADDRESSES. must consider whether this proposal Proposed Regulations The request should include the reasons will have a significant economic impact why a hearing would be beneficial. If on a substantial number of small In consideration of the foregoing, the the Coast Guard determines that the entities. ‘‘Small entities’’ include small Coast Guard proposes to amend Part 100 opportunity to make oral presentations business, not-for-profit organizations of Tile 33, Code of Federal Regulations, will aid this rulemaking, it will hold a that are independently owned and as follows: public hearing at a time and place operated and are not dominant in their 1. The authority citation for Part 100 announced by a later notice in the field, and government jurisdictions with continues to read as follows: Federal Register. populations of less than 50,000. PART 100Ð(Amended) Background and Purpose Therefore, the Coast Guard certifies under 5 U.S.C. 606(b) that this proposal, Authority: 33 U.S.C. 1233; 49 CFR 1.46 and These proposed regulations are if adopted, would not have a significant 33 CFR 100.35. intended to provide for the safety of life economic impact on a substantial and to promote safe navigation on the number of small entities as the waters off Augusta on the Savannah 2. A new section 100.732 is added to regulations would only be in effect for read as follows: River during the River Race Augusta by ten hours in a limited area of the controlling the traffic entering, exiting Savannah River for three days each year. § 100.732 Annual River Race Augusta; and traveling within these waters. If, however, you think that your Savannah River, Augusta GA. Historically, the concentration of business or organization qualifies as a (a) Definitions: (1) Regulated area. spectator and participant vessels small entity and that this proposed rule associated with the River Race has The regulated area is formed by a line will have a significant economic impact drawn directly across the Savannah posed safety concerns, which are added on your business or organization, please in this proposed special local River at the U.S. Highway 1 Bridge at submit a comment (see ADDRESSES) mile marker 199 and directly across the regulation. The proposed regulation explaining why you think it qualifies would not permit the entry or Savannah River at mile market 197. The and in what way and to what degree this movement of spectator vessels and other regulated area would encompass the proposed rule will economically affect non-participating vessel traffic in the width of the Savannah River between it. area downstream from the U.S. Highway these two lines. 1 Bridge on the Savannah River between Collection of Information (2) Coast Guard Patrol Commander. mile markers 199 and 197, annually This proposal contains no collection The Coast Guard Patrol Commander is from 7 a.m. to 5 p.m. each day, on the of information requirements under the a commissioned, warrant, or petty third Friday, Saturday and Sunday of Paperwork Reduction Act (44 U.S.C. officer of the Coast Guard who has been May. These proposed regulations would 3501 et seq.). designated by the Commander, Coast permit the movement of spectator Guard Group Charleston, South vessels and other non-participants after Federalism Carolina. the termination of the race each day and during intervals between scheduled This action has been analyzed in (b) Special local regulations. (1) Entry events at the discretion of the Coast accordance with the principles and into the regulated area is prohibited to Guard Patrol Commander. criteria contained in Executive Order all non-participants. 12612 and it has been determined that (2) After termination of the River Race Regulatory Evaluation the rulemaking does not have sufficient Augusta each day, and during intervals Federalism implications to warrant the This proposal is not a significant between scheduled events, at the preparation of a Federalism Assessment. regulatory action under Section 3(f) of direction of the Coast Guard Patrol the Executive Order 12866 and does not Environmental Assessment Commander, all vessels may resume require an assessment of potential costs normal operations. and benefits under Section 6(a)(3) of The Coast Guard has considered the that Order. It has been exempted from environmental impact of this proposal (3) The Captain of the Port Charleston review by the Office of Management and consistent with Section 2.B.2. of will issue a Marine Safety Information Budget under that order. It is not Commandant Instruction M16475.1C. In Broadcast Notice to Mariners to notify significant under the regulatory policies accordance with that section, this the maritime community of the special and procedures of the Department of proposed action has been local regulations and the restrictions Transportation (DOT) (44 FR 11040; environmentally assessed (EA imposed. February 26, 1979). The Coast Guard completed) and the Coast Guard has (c) Dates. This section becomes expects the economic impact of this concluded that it will not significantly effective annually from 7 a.m. to 5 p..m. proposed rule to be so minimal that a affect the quality of the human EDT each day, on the third Friday, full Regulatory Evaluation under environment. An Environmental Saturday and Sunday of May, unless paragraph 10(e) of the regulatory Assessment and a Finding of No otherwise specified in the notice to policies and procedures of DOT is Significant Impact have been prepared mariners. unnecessary. These proposed and are available in the docket for Dated: March 6, 1998. regulations would last for only 10 hours inspection or copying. each day of the event. Captain R. Olsen, Jr., List of Subjects in 33 CFR Part 100 U.S. Coast Guard, 7th Coast Guard District, Small Entities Marine safety, Navigation (water), Commander Acting. Under the Regulatory Flexibility Act Reporting and record keeping [FR Doc. 98–7634 Filed 3–23–98; 8:45 am] (5 U.S.C. 601 et seq.), the Coast Guard requirements, Waterways. BILLING CODE 4910±15±M Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14059

DEPARTMENT OF HEALTH AND 1986 (the Act), Title IV of Pub. L. 99– queries is not about practitioners’ HUMAN SERVICES 660, enacted November 14, 1986, exercising their Privacy Act rights to authorized the establishment of the access to information about themselves. Health Resources and Services National Practitioner Data Bank for Based on conversations with Administration Adverse Information on Physicians and practitioners who call for self-query Other Health Care Practitioners (the assistance, few, if any, are exercising 45 CFR Part 60 Data Bank). Regulations implementing their Privacy Act rights. Instead they are RIN: 0906±AA42 the Data Bank are codified at 45 CFR acting under duress and in response to part 60. demands from licensing bodies, and National Practitioner Data Bank for Section 426(b)(4) of the Act, as other entities. At the same time, they Adverse Information on Physicians amended, authorizes the Secretary to also expect to benefit by obtaining and Other Health Care Practitioners: charge fees for disclosure of information licenses to practice, membership or Charge for Self-Queries (user fees). The Department of Health malpractice insurance. In fact, it has always been the policy and practice of AGENCY: Health Resources and Services and Human Services Appropriations the Data Bank to proactively provide a Administration, HHS. Act, 1997, Title II of Pub. L. 104–863, enacted September 30, 1996, gives the copy—free of charge—of every record to ACTION: Notice of proposed rulemaking. Data Bank the authority to recover its the practitioner, in whose name it was SUMMARY: This Notice of Proposed full cost of operations through user fees. submitted, for purposes of verification Rulemaking (NPRM) proposes an No taxpayer funds are used to operate and dispute resolution. amendment to the existing regulations the Data Bank. Title II of Pub. L. 104– The Department recognizes and implementing the Health Care Quality 863 states: supports its obligations under the Improvement Act of 1986, which Privacy Act and its own fair information That in addition to fees authorized by practice policies to continue to established the National Practitioner section 427(b) of the Health Care Quality Data Bank for Adverse Information on Improvement Act of 1986, fees shall be proactively provide a copy of every Physicians and Other Health Care collected for the full disclosure of report it receives to the subject of the Practitioners (the Data Bank). The information under the Act sufficient to report (the practitioner) at no charge. proposed regulations would amend the recover the full costs of operating the However, if the practitioner wants the existing fee structure so that the Data National Practitioner Data Bank, and shall additional feature of a copy of his or her Bank can fully recover its costs, as remain available until expended to carry out entire Data Bank file in one package, required by law. This proposed rule that Act: * * * this proposed rule change would not would give the Data Bank the authority Section 60.12(a) of the regulations, deny the practitioner that right; it would to charge for self-queries and, therefore, entitled ‘‘Fees applicable to requests for simply charge a fee, based on cost- assess costs in an equitable manner. information.’’, cover the Data Bank’s recovery, of providing such information. Therefore the Department proposes to The data Bank will continue its authority to charge a fee for all requests amend paragraph (a) of § 60.12 by current practice of sending a copy— for information other than those by deleting the phrase ‘‘other than those of automatically, without a request, and individual health care practitioners individuals for information concerning free of charge—of every record to the requesting information concerning themselves’’ in the first sentence. This practitioner, in whose name it was themselves (self-queries). Section change is intended to give the Data Bank submitted, for purposes of verification 60.12(a) states: and dispute resolution. the authority to charge practitioners a (a) Policy on Fees. The fees described in reasonable fee when they request DATES: this section apply to all requests for Comments on this proposed rule information about themselves. information from the Data Bank, other than are invited. To be considered, comments Upon issuance of the Final Rule, the must be received by May 26, 1998. those of individuals for information concerning themselves. Department will announce the fee for ADDRESSES: Written comments should self-queries and the effective date of the be addressed to Neil Sampson, Acting During 1996, the volume of self- change in the Federal Register. As with Associate Administrator, Bureau of queries has dramatically increased. The other changes, this fee will be subject to Health Professions (BHPr), Health Data Bank is currently processing 1,500 change as further costs may warrant. Resources and Services Administration self-queries a week, with no cost to the Room 8–05, Parklawn Building, 5600 practitioners requesting the information. Economic Impact Fishers Lane, Rockville, Maryland The volume of self-queries is expected Executive Order 12866 requires that 20857. All comments received will be to remain at this level or increase even all regulations reflect consideration of available for public inspection and further. It is estimated that the cost of alternatives, of costs, of benefits, of copying at the Office of Research and processing self-queries last year incentives, of equity, and of available Planning, BHPr, Room 8–67, Parklawn exceeded $500,000. When the current information. Regulations must meet Building, at the above address, regulations exempted self-queries from certain standards, such as avoiding an weekdays (Federal holidays excepted) the Data Bank’s fee structure, the large unnecessary burden. Regulations which between the hours of 8:30 a.m. and 5 volume of self-queries and the are ‘‘significant’’ because of cost, p.m. associated processing costs were not adverse effects on the economy, FOR FURTHER INFORMATION CONTACT: anticipated. inconsistency with other agency actions, Mr. Thomas C. Croft, Director, Division A review by the Department indicates effects on the budget, or novel legal or of Quality Assurance, Bureau of Health that many organizations which are not policy issues, require special analysis. Professions, Health Resources and mandated by law to query the Data Bank The Department believes that the Services Administration, Parklawn (e.g., State Boards and other entities) are resources required to implement the Building, Room 8A–55, 5600 Fishers requiring practitioners to self-query and requirement in these regulations are Lane, Rockville, Maryland 20857; submit the results along with their minimal. Therefore, in accordance with telephone: (301) 443–2300. applications for licensure/re-licensure, the Regulatory Flexibility Act of 1980, SUPPLEMENTARY INFORMATION: The or membership. The Department the Secretary certifies that these Health Care Quality Improvement Act of recognizes that the purpose of these self- regulations will not have a significant 14060 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules impact on a substantial number of small DEPARTMENT OF THE INTERIOR neomexicana and reduced it to variety entities. For the same reasons, the coloradensis. This taxon is now Secretary has also determined that this Fish and Wildlife Service recognized as Gaura neomexicana ssp. is not a ‘‘significant’’ rule under coloradensis (Raven and Gregory 1972). 50 CFR Part 17 Executive Order 12866. Little is known about the historical RIN 1018±AE87 distribution of G. n. ssp. coloradensis. Paperwork Reduction Act of 1995 Prior to 1984, no extensive Endangered and Threatened Wildlife documentation of the plants’ range had The National Practitioner Data Bank and Plants: Proposed Threatened been conducted. The plant was known for Adverse Information on Physicians Status for the Plant Gaura from several historical (and presumably and Other Health Care Practitioners Neomexicana ssp. Coloradensis extirpated) locations in southeastern regulation contains information Wyoming and at least four historical collections which have been approved AGENCY: Fish and Wildlife Service, (and presumably extirpated) locations in by the Office of Management and Interior. northern Colorado; and from three Budget (OMB) under the Paperwork ACTION: Proposed rule. extant populations in Laramie County, Reduction Act of 1995 and assigned Wyoming, and Weld County, Colorado. control number 0915–0126. These SUMMARY: The Fish and Wildlife Service The total known population size was proposed amendments do not affect the proposes to list the plant Gaura estimated in the low hundreds (Dorn recordkeeping or reporting requirements neomexicana ssp. coloradensis 1979). in the existing regulations. (Colorado butterfly plant) as a Intensive range-wide surveys from threatened species pursuant to the 1984–1986 resulted in the discovery or List of Subjects in 45 CFR Part 60 Endangered Species Act of 1973, as relocation of 22 populations in amended. Gaura neomexicana ssp. Wyoming, Colorado, and Nebraska Claims, Fraud, Health maintenance coloradensis is a short-lived, perennial containing approximately 20,000 organizations (HMOs), Health herb endemic to moist soils in mesic or flowering individuals (Marriott 1987). professions, Hospitals, Insurance wet meadows of floodplain areas in Additional surveys since 1992 have companies, Malpractice. southeastern Wyoming, northcentral resulted in the discovery of at least two Dated: May 20, 1997. Colorado, and extreme western additional populations in Wyoming and Claude E. Fox, Nebraska. This early to mid-seral stage Colorado (Fertig 1994; Floyd 1995b). species occurs primarily in habitats However, at least two known Acting Administrator, Health Resources and created and maintained by streams populations in Wyoming and Colorado Services Administration. active within their floodplains with have not been relocated in recent years Approved: December 15, 1997. vegetation that is relatively open and and may no longer be extant (Fertig Donna E. Shalala, not overly dense or overgrown. The 1994). The plant is currently known Secretary. conversion of areas with native grasses from 22 populations with a total in riparian areas to agriculture, water population as low as 26,000 individuals; Accordingly, 45 CFR part 60 is diversions, channelization, and urban however, several of the populations may proposed to be amended as set forth development threaten Gaura no longer exist. All known populations below: neomexicana ssp. coloradensis by are within a small area in southeastern changing habitat significantly enough to Wyoming, western Nebraska, and north- PART 60ÐNATIONAL PRACTITIONER preclude survival of viable populations. central Colorado. Two of the DATA BANK FOR ADVERSE DATES: Comments from all interested populations occur on F.E. Warren Air INFORMATION ON PHYSICIANS AND parties must be received by May 26, Force Base; the remaining 20 OTHER HEALTH CARE 1998. Public hearing requests must be populations occur on private or State PRACTITIONERS received by May 8, 1998. lands. Gaura neomexicana ssp. coloradensis ADDRESSES: Comments and materials 1. The authority citation for 45 CFR is a short-lived, monocarpic (flowering concerning this proposal should be sent part 60 continues to read as follows: and bearing fruit only once), perennial to the Field Supervisor, U.S. Fish and herb with one or a few reddish, Authority: Secs. 401–432 of the Health Wildlife Service, 4000 Morrie Avenue, pubescent stems that are 50–80 Care Quality Improvement Act of 1986, Pub. Cheyenne, Wyoming 82001. Comments centimeters (2–3 feet) tall. The lower L. 99–660, 100 Stat. 3784–3794, as amended and materials received will be available leaves are lance-shaped with smooth or by sec. 402 of Pub. L. 100–177, 101 Stat. for public inspection, by appointment, wavy-toothed margins and average 5–15 1007–1008 (42 U.S.C. 11101–11152). during normal business hours at the cm (2–6 inches) long, while those on the above address. 2. Section 60.12, is amended by stem are smaller and reduced in revising the first sentence in paragraph FOR FURTHER INFORMATION CONTACT: number. Flowers are arranged in a (a) to read as follows: Mike Long, Field Supervisor, Wyoming branched, elongate inflorescence above Field Office (see ADDRESSES section), the leaves. § 60.12 Fees applicable to requests for (telephone 307/772–2374; facsimile Only a few flowers are open at any information. 307/772–2358). one time and these are located below the rounded buds and above the mature (a) Policy on fees. The fees described SUPPLEMENTARY INFORMATION: fruits. Individual flowers are 5–14 in this section apply to all requests for Background millimeters (.25–.5 inches) long with information from the Data Bank. * ** Gaura neomexicana ssp. coloradensis four reddish sepals and four white * * * * * was initially described as Gaura petals that turn pink or red with age. [FR Doc. 98–7505 Filed 3–23–98; 8:45 am] coloradensis by Rydberg (1904) based The hard, nutlike fruits are 4-angled and BILLING CODE 4160±15±M on material collected near Fort Collins, sessile (stalkless and attached directly at Colorado in 1895. Munz (1938) the base). Nonflowering plants consist transferred Gaura coloradensis to Gaura of a stemless, basal rosette of oblong, Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14061 hairless leaves 3–18 cm (1–7 inches) that have died (Floyd 1995a; Fertig Force Base, Cheyenne, Wyoming. On long (Marriott 1987; Fertig 1994; Fertig 1996). January 18, 1982, a Memorandum of et al. 1994). Understanding between the Service and Previous Federal Action Gaura neomexicana ssp. coloradensis the Base was signed to assure continued occurs on subirrigated, alluvial soils on The January 9, 1975, report of the survival of the populations occurring on level or slightly sloping floodplains and Secretary of the Smithsonian Institution the Base. The agreement has been drainage bottoms at elevations of 1,524– (House Document No. 94–51) contained updated and signed several times since 1,951 meters (5,000–6,400 feet). lists of over 3,000 United States vascular 1982. In 1990 a Research Natural Area Colonies are often found in low plant taxa (including G. n. ssp. was established to include all the depressions or along bends in wide, coloradensis) considered candidates for known naturally occurring populations active, meandering stream channels a the list of endangered and threatened on the Base. The most recent short distance upslope of the actual species provided for by the Endangered Memorandum of Understanding channel. The plant requires early to Species Act (Act) of 1973, as amended between the Base, The Nature mid-seral riparian habitats. It commonly (16 U.S.C. 1531 et seq.). On July 1, 1975, Conservancy, and the Service was occurs in communities dominated by the Service published a Notice of signed on March 3, 1992. The agreement Agrostis stolonifera (redtop) and Poa Review in the Federal Register (40 FR supported demographic studies of the G. pratensis (Kentucky bluegrass) on 27823) of its acceptance of the report of n. ssp. coloradensis populations on the wetter sites and Glycyrrhiza lepidota the Smithsonian Institution as a petition Base and provided for ongoing within the context of section 4(c)(2) of (wild licorice), Cirsium flodmanii protective efforts. However, the the Act. On June 16, 1976, the Service (Flodman’s thistle), Grindelia squarrosa agreement’s duration was 5 years and it published a proposed rulemaking in the (curlytop gumweed), and Equisetum has not been revised or renewed. Federal Register (41 FR 24523) which laevigatum (smooth scouring rush) on Discussions between the Service and the included G. n. ssp. coloradensis; drier sites. These areas are usually Base regarding renewal of the agreement however, a final rule for this action was intermediate in moisture between wet, are ongoing. not published. The December 15, 1980, streamside communities dominated by Notice of Review for Plants (45 FR Summary of Factors Affecting the sedges, rushes, and cattails, and dry, 82479) included G. n. ssp. coloradensis Species upland shortgrass prairie. Typical G. n. as a Category 1 candidate species and Section 4 of the Endangered Species ssp. coloradensis habitat is relatively retained that status in subsequent notice Act and regulations (50 CFR part 424) open without dense or overgrown of review, published in the Federal promulgated to implement the listing vegetation. Salix exugua (sandbar Register on September 27, 1985 (50 FR provisions of the Act set forth the willow) and Cirsium arvense (Canada 39526), February 21, 1990 (55 FR 6184), procedures for adding species to the thistle) may become dominant in areas and September 30, 1993 (58 FR 51144). Federal lists. A species may be of G. n. ssp. coloradensis habitat that are This species was mistakenly left out of determined endangered or threatened not periodically flooded or otherwise the notice of review published due to one or more of the five factors disturbed. Gaura neomexicana ssp. November 28, 1983 (48 FR 53640). On described in section 4(a)(1). These coloradensis typically occurs on soils February 28, 1996, the Service factors and their application to G. n. derived from conglomerates, published a Notice of Review in the Woot. ssp. coloradensis (Rydb.) Raven sandstones, and tuffaceous (compacted Federal Register (61 FR 7596) that and Gregory (Colorado butterfly plant) volcanic ash) mudstones and siltstones discontinued the use of different are as follows: of the Tertiary White River, Arikaree, categories of candidate species. A. The Present or Threatened and Oglalla Formations (Love and Candidate species are those species for Destruction, Modification, or Christiansen 1985). This type of habitat which the Service has sufficient is not unusual in eastern Colorado and information on file detailing biological Curtailment of Its Habitat or Range Wyoming. vulnerability and threats that would All but two of the currently known Gaura neomexicana ssp. coloradensis support issuance of a proposed rule, but populations of G. n. ssp. coloradensis is an early successional species issuance of the proposed rule is occur on private or State lands (mostly (although probably not a pioneer) precluded by other listing actions. private) managed primarily for adapted to utilize stream channel sites Gaura neomexicana ssp. coloradensis agriculture. Haying and mowing, water that are periodically disturbed. was included as a candidate in the development, land conversion for Historically, flooding was probably the February, 1996, notice of review and cultivation, competition from exotic main cause of disturbances in the retained that status in the subsequent plants, and loss of habitat to urban plant’s habitat, although wildfire and notice of review, published in the growth are the main threats to the plant grazing also may have been important. Federal Register on September 19, 1997 on these lands (Marriott 1987; Fertig Although flowering and fruiting stems (62 FR 49384). Processing of this 1994). On some sites, including F.E. may exhibit increased mortality because proposal is a Tier 3 activity under the Warren Air Force Base, habitat of these events, vegetative rosettes current listing priority guidance (61 FR degradation resulting from plant appear to be little affected (Mountain 64480, December 5, 1996). The listing succession and competition is the main West Environmental Services 1985). The priority assigned to the species in the threat to the long-term survival of establishment and survival of seedlings latter two notices of review was a 3. populations. High recreational use by appears to be enhanced at sites where This proposal is being published ahead campers, motorists, and fishermen is a tall and dense vegetation has been of other species with a higher listing threat to populations on State park removed by some form of disturbance. priority that Region 6 has the lead for lands in Nebraska. In the absence of occasional because G. n. ssp. coloradensis is part of Conversion of moist, native grasslands disturbance, the plant’s habitat can the settlement agreement in the Fund to commercial croplands has been become choked out by dense growth of for Animals et al. v. Lujan et al. case widespread throughout southeastern willows, grasses, and exotic plants, (D.D.C. Civ. No. 92–800). Wyoming and northeastern Colorado preventing new seedlings from Two populations of G. n. ssp. (Compton and Hugie 1993). Since many becoming established to replace plants coloradensis occur on F.E. Warren Air of the agricultural lands are irrigated 14062 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules hay fields, mowing of G. n. ssp. plant needs and pushing the habitat into particularly evident on F.E. Warren Air coloradensis habitat for hay production later successional stages. Force Base. Although competition from has been suggested as a potential threat these species may have serious negative B. Overutilization for Commercial, (Jennings et al. 1997). This threat can be implications for populations of G. n. Recreational, Scientific, or Educational significant if cutting occurs before the ssp. coloradensis, observations have Purposes plant’s fruits have ripened. indicated that the plant is highly Construction of stock ponds and Gaura neomexicana ssp. coloradensis susceptible to commonly used reservoirs has inundated and made is vulnerable to overcollecting herbicides when they are applied unsuitable some G. n. ssp. coloradensis conducted for scientific or educational indiscriminately. In 1983 nearly one- habitat. The development of irrigation purposes. However, no known half of the mapped populations on F.E. canals to move water to croplands may commercial or recreational threats exist Warren Air Force Base were remove moisture from occupied or at this time. inadvertently destroyed when sprayed potentially suitable habitat, leaving it in C. Disease or Predation with Tordon, a persistent herbicide. a drier, unsuitable condition. Additionally, herbicide use along road There are no known diseases affecting Additionally, the management of water crossings in and adjacent to G. n. ssp. G. n. ssp. coloradensis populations, resources for domestic and commercial coloradensis populations has also been although the species is occasionally uses, coupled with encroaching noted (James L. Miller, U.S. Fish and affected by insect galls. Gaura agricultural land use, has had a Wildlife Service, in litt. 1987). neomexicana ssp. coloradensis is highly tendency to channelize and isolate Biological control agents have been used palatable to a variety of insect and water resources and fragment, realign, at F.E. Warren Air Force Base, but have mammalian herbivores (cattle, horses, and reduce riparian and moist lowland not been effective in controlling Canada antelope (Antilocapra americana), etc.), habitat (Compton and Hugie 1993) that thistle or leafy spurge. but appears to compensate for herbivory could otherwise serve as potential G. n. In order for a population to sustain by increasing branch and fruit ssp. coloradensis habitat. itself, there must be enough reproducing production. Livestock grazing can be a individuals and appropriate habitats to Residential and urban development threat at some sites, especially when ensure its survival. It is not known if the around the cities of Cheyenne and Fort animals are not rotated or use is scattered populations of G. n. ssp. Collins has converted areas of formerly concentrated during the summer coloradensis contain sufficient suitable G. n. ssp. coloradensis habitat. flowering period. Additionally, plants individuals and diversity to ensure their The high rate of development occurring are occasionally uprooted or trampled continued existence over the long term. from Colorado Springs, Colorado, to by livestock and wildlife grazing in the The most recent survey information Cheyenne, Wyoming, has been cited as vicinity. In at least one location where for the known populations of G. n. ssp. a continuing threat to remaining a population of G. n. ssp. coloradensis coloradensis shows that only four large populations of the Preble’s meadow is divided by a fence, the heavily grazed populations (with at least 3,000 or more jumping mouse (Zapus hudsonius side of the fence had no plants (James individuals) currently exist. Only one of preblei), a proposed endangered species L. Miller, U.S. Fish and Wildlife these occur on Federal lands. Eight that also occurs in riparian habitats and Service, in litt. 1987). Observations have populations (one of them occurring on whose historic range overlaps much of shown that the plant can persist and Federal lands) are moderately sized, that of G. n. ssp. coloradensis (62 FR thrive in habitats that are winter grazed containing between 500 and 1,200 14093, March 25, 1997). or managed on a short-term rotation individuals. The remaining 10 In nonagricultural, undeveloped cycle (Jennings et al. 1997). Although populations are smaller, with six of areas, a significant threat to G. n. ssp. the butterfly plant itself may be grazed these having less than 100 individuals. coloradensis populations is from habitat (it appears quite palatable to a wide The danger to these small populations is changes resulting from natural range of herbivores), the reduction of from a reduction in vigor and fecundity succession of the plant community. competing vegetative cover allows (often evidenced by reduced seed set) as Without periodic disturbance events, seedlings to become more readily random genetic changes occur and the semi-open habitats preferred by this established. genetic variability is lost as a result of species can become choked by tall and inbreeding which is inevitable in small dense growth of willows, graminoids D. The Inadequacy of Existing populations (Ehrlich 1981; Ledig 1986). (grasses), and exotic weeds (Fertig Regulatory Mechanisms Because of the small, isolated nature of 1994). Natural disturbances, such as No Federal or State laws or the populations and the few individuals flooding, fire, and ungulate grazing, regulations directly protect G. n. ssp. present in most of them, G. n. ssp. have been sufficient in the past to create coloradensis or its habitat. Gaura coloradensis also is more susceptible to favorable habitat conditions for the neomexicana ssp. coloradensis is listed random events, such as fires, insect, or plant. The natural flooding regime as Sensitive by the U.S. Forest Service, disease outbreaks or other random within the species floodplain habitat although no populations are currently events that can more easily cause the has been altered by construction of known from Forest Service lands (D. extirpation of a small population. flood control structures and by Hazlett, Plants and People Consulting, Although the plant evolved with and irrigation and channelization practices. pers. comm, 1994). even depended upon the disturbance In the absence of such natural associated with these events, natural disturbances today, managed E. Other Natural or Manmade Factors events, such as floods and fire, may now disturbance may be necessary to Affecting Its Continued Existence pose a threat to G. n. ssp. coloradensis. maintain and create areas of habitat The most serious threat on Individual plants may not survive such (Fertig 1994; 1996). However, many agricultural lands is indiscriminate use events, and because of low numbers and Federal programs, such as those of broadleaf herbicides for the control of the now highly restricted range of the administered by the Natural Resources Canada thistle, leafy spurge (Euphorbia species, such events do pose a threat. A Conservation Service, focus on esula), and other exotic plants (Marriott flood in 1983 along Crow Creek enhancing/protecting riparian areas by 1987). The noxious weed problem in destroyed several populations and removing the types of disturbance the Laramie county, Wyoming, is experimental seed plots established in Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14063

1981 (U.S. Fish and Wildlife Service, in populations occur on non-Federal lands has been developed (Marriott and Jones litt. 1984.) where Federal involvement in land-use 1988). Two large populations of G. n. The Service has carefully assessed the activities does not generally occur. ssp. coloradensis occur within the best scientific and commercial Federal activities would be subject to Colorado Butterfly Plant Research information available regarding the past, review under section 7(a)(2) of the Act, Natural Area. Under various present, and future threats to G. n. ssp. whether or not critical habitat was memoranda of understanding and coloradensis in determining to issue this designated. Section 7(a)(2) requires cooperative agreements with the Service proposed rule. Based on this evaluation, Federal agencies to ensure that activities and The Nature Conservancy, the Air the preferred action is to list G. n. ssp. they authorize, fund, or carry out are not Force has been conducting conservation coloradensis as threatened. While not in likely to jeopardize the continued activities to this species since 1982. immediate danger of extinction, G. n. existence of a listed species or to However, the most recent Memorandum ssp. coloradensis is likely to become an destroy or adversely modify its critical of Understanding with the Base expired endangered species in the foreseeable habitat. Prohibitions of adverse in March 1997. Additionally, all future if the present threats and declines modification to critical habitat would agreements with the Base regarding the continue. Federal listing under only be realized if a Federal nexus plant can be unilaterally terminated by authority of the Act is the only existed, situations anticipated to be rare the Air Force at any time for reasons of mechanism the Service can presently in the range of G. n. ssp. coloradensis. national defense. The Base is currently identify that ensures protection to G. n. Any Federal action which would developing a weed-control program to ssp. coloradensis throughout its limited destroy or adversely modify the habitat improve and maintain G. n. ssp. range. Although destruction or of the few remaining populations of the coloradensis habitat in cooperation with modification of its habitat is a species would also likely jeopardize its scientists from The Nature Conservancy significant threat to G. n. ssp. continued existence. Therefore, habitat and the University of Wyoming. coloradensis, the Service has found protection from Federal actions can be In 1983 a population of G. n. ssp. critical habitat is not prudent (see accomplished through the section 7 coloradensis was introduced on the CRITICAL HABITAT section). jeopardy standard. Chambers Preserve near Boulder, Additionally, the publication of Colorado. Although several private Critical Habitat critical habitat descriptions and maps landowners with natural populations of Critical habitat is defined in section 3 required in a proposal for critical habitat the plant have expressed interest in of the Act as: (i) The specific areas could increase the degree of threat from pursuing conservation projects, none are within the geographical area occupied possible take or vandalism and, currently in place. by a species, at the time it is listed in therefore, contribute to the species’ Conservation measures provided to accordance with the Act, on which are decline. Populations exist in small areas species listed as endangered or found those physical or biological and are vulnerable to stochastic threatened under the Act include features (I) essential to the conservation extinction. The listing of this plant as recognition, recovery actions, of the species and (II) that may require threatened publicizes the rarity of the requirements for Federal protection, and special management considerations or taxa and can make it attractive to prohibitions against certain practices. protection and; (ii) specific areas researchers, curiosity seekers, or Recognition through listing results in outside the geographical area occupied collectors of rare plants. The Service public awareness and conservation by a species at the time it is listed, upon determines that any potential benefits actions by Federal, State, and local a determination that such areas are beyond those afforded by listing, when agencies, private organizations, and essential for the conservation of the weighted against the negative impacts of individuals. The Act provides for species. ‘‘Conservation’’ means the use disclosing site-specific population possible land acquisition and of all methods and procedures needed locations, does not yield an overall cooperation with the States and requires to bring the species to the point at benefit and is, therefore, not prudent. that recovery actions be carried out for which listing under the Act is no longer The overall habitat protection and all listed species. The protection necessary. conservation of this species would be required of Federal agencies and the Section 4(a)(3) of the Act, as best implemented by the recovery prohibitions against certain activities amended, and implementing regulations process and section 7 provisions of the involving listed plants are discussed, in (50 CFR 424.12) require that, to the Act (see AVAILABLE CONSERVATION part, below. maximum extent prudent and MEASURES section). Section 7(a) of the Act, as amended, determinable, the Secretary designate requires Federal agencies to evaluate critical habitat at the time the species is Available Conservation Measures their actions with respect to any species determined to be endangered or The Nebraska State Arboretum is that is proposed or listed as endangered threatened. Service regulations (50 CFR currently maintaining a seed bank of G. or threatened and with respect to its 424.12(a)(1)) state that designation of n. ssp. coloradensis collected from sites critical habitat, if any is being critical habitat is not prudent when one along Lodgepole Creek in Nebraska (J. designated. Regulations implementing or both of the following situations Locklear, Nebraska State Arboretum, this interagency cooperation of the Act exist—(1) The species is threatened by pers. comm.). Additional seed has been are codified at 50 CFR part 402. Section taking or other human activity, and collected by the Natural Resources 7(a)(4) requires Federal agencies to identification of critical habitat can be Conservation Service for deposit at the confer with the Service on any action expected to increase the degree of threat Bridger Plant Materials Center in that is likely to jeopardize the continued to the species, or (2) such designation of Montana. existence of a species proposed for critical habitat would not be beneficial Habitat along Crow and Diamond listing or result in destruction or to the species. The Service finds that Creeks on F.E. Warren Air Force Base adverse modification of proposed designation of critical habitat is not has been designated as the Colorado critical habitat. If a species is listed prudent for G. n. ssp. coloradensis. Butterfly Plant Research Natural Area subsequently, section 7(a)(2) requires Designation of critical habitat would dedicated to the protection of the largest Federal agencies to ensure that activities not benefit G. n. ssp. coloradensis known population of G. n. ssp. they authorize, fund, or carry out are not because all but two of the known coloradensis, and a management plan likely to jeopardize the continued 14064 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules existence of the species or destroy or 3501 et seq., and assigned Office of Field Supervisor (see ADDRESSES adversely modify its critical habitat. If a Management and Budget clearance section). Federal action may affect a listed number 1018–0094. For additional Public Comments Solicited species or its critical habitat, the information concerning these permits responsible Federal agency must enter and associated requirements, see 50 CFR The Service intends that any final into formal consultation with the 17.22. action resulting from this proposal will Service. The Service adopted a policy on July be as accurate and as effective as The Act and its implementing 1, 1994 (59 FR 34272), to identify to the possible. Therefore, comments or regulations set forth a series of general maximum extent practicable at the time suggestions from the public, other prohibitions and exceptions that apply a species is proposed for listing those concerned governmental agencies, the to all threatened plants. All prohibitions activities that would or would not scientific community, industry, or any of section 9(a)(2) of the Act, constitute a violation of section 9 of the other interested party concerning this implemented by 50 CFR 17.71, apply. Act. The intent of this policy is to proposed rule are hereby solicited. These prohibitions, in part, make it increase public awareness of the effect Comments particularly are sought illegal for any person subject to the of the listing on proposed and ongoing concerning: jurisdiction of the United States to activities within a species’ range. The (1) Biological, commercial trade, or import or export, transport in interstate Service believes that, based upon the other relevant data concerning any or foreign commerce in the course of a best available information, the following threat (or lack thereof) to this species; commercial activity, sell or offer for sale actions will not result in a violation of (2) The location of any additional in interstate or foreign commerce, or section 9, provided these activities are populations of this species and the remove and reduce the species to carried out in accordance with existing reasons why any habitat should or possession from areas under Federal regulations and permit requirements: should not be determined to be critical jurisdiction. In addition, for plants habitat pursuant to section 4 of the Act; (1) Activities authorized, funded, or carried listed as endangered, the Act prohibits out by Federal agencies (e.g., grazing (3) Additional information concerning the malicious damage or destruction on management, agricultural conversions, land the range, distribution, and population areas under Federal jurisdiction and the use activities that would significantly modify size or trend of this species; removal, cutting, digging up, or the species’ habitat, wetland and riparian (4) Current or planned activities in the damaging or destroying of such plants habitat modification, flood and erosion subject area and their possible impacts in knowing violation of any State law or control, housing development, recreational on this species; regulation, including State criminal trail development, road and dam (5) Biological or physical elements trespass law. Section 4(d) of the Act construction, pesticide/herbicide application, that best describe G. n. ssp. coloradensis allows for the provision of such pipelines or utility line crossing suitable habitat that could be essential for the habitat and military maneuvers and training) protection to threatened species through when such activity is conducted in conservation of the species; regulation. This protection may apply to accordance with any reasonable and prudent (6) Information regarding genetic this species in the future if regulations measures given by the Service according to differences and similarities within and are promulgated. Seeds from cultivated section 7 of the Act; or when such activity between populations of G. n. ssp. specimens of threatened plants are does not alter the hydrology or habitat coloradensis; exempt from these prohibitions supporting the plant. (7) Possible alternative noxious weed provided that their containers are (2) Casual, dispersed human activities on control, grazing, farming, and water marked ‘‘Of Cultivated Origin.’’ Certain foot or horseback (e.g., waterfowl hunting, management practices that will reduce exceptions to the prohibitions apply to bird watching, sightseeing, photography, or eliminate impacts to G. n. ssp. agents of the Service and State camping and hiking). coloradensis; and, (3) Activities on private lands (without conservation agencies. Federal funding or involvement), such as (8) Other management strategies that The Act and 50 CFR 17.72 also grazing management, agricultural will conserve the species throughout its provide for the issuance of permits to conversions, wetland and riparian habitat range. carry out otherwise prohibited activities modification (not including filling of Final promulgation of the involving threatened plants under wetlands), flood and erosion control, housing regulation(s) on this species will take certain circumstances. Such permits are development, road and dam construction, into consideration the comments and available for scientific purposes and to pesticide/herbicide application, pipelines or any additional information received by enhance the propagation or survival of utility line crossing suitable habitat. the Service, and such communications the species. For threatened plants, The Service believes that the actions may lead to a final regulation that permits also are available for botanical listed below might potentially result in differs from this proposal. or horticultural exhibition, educational a violation of section 9; however, The Endangered Species Act provides purposes, or species purposes consistent possible violations are not limited to for one or more public hearings on this with the purposes of the Act. It is these actions alone: proposal, if requested. Requests must be anticipated that few trade permits received within 45 days of the date of (1) Unauthorized collecting of the species would ever be sought or issued because on Federal lands; publication of the proposal in the the species is not in cultivation or (2) Application of herbicides violating Federal Register. Such requests must be common in the wild. Requests for label restrictions; made in writing and be addressed to the copies of the regulations regarding listed (3) Interstate or foreign commerce and Wyoming Field Supervisor, see species and inquiries about prohibitions import/export without previously obtaining ADDRESSES section. and permits may be addressed to U.S. an appropriate permit. Permits to conduct Fish and Wildlife Service, P.O. Box activities are available for purposes of National Environmental Policy Act 25486, Denver Federal Center, Denver, scientific research and enhancement of The Fish and Wildlife Service has Colorado 80225 (telephone 303/236– propagation or survival of the species. determined that Environmental 7400, Facsimile 303/236–0027). Questions regarding whether specific Assessments and Environmental Impact Information collections associated with activities, such as changes in land use, Statements, as defined under the these permits are approved under the will constitute a violation of section 9 authority of the National Environmental Paperwork Reduction Act, 44 U.S.C. should be directed to the Wyoming Policy Act of 1969, need not be Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14065 prepared in connection with regulations upon request from the Wyoming Field PART 17Ð[AMENDED] adopted pursuant to section 4(a) of the Office (see ADDRESSES section). Endangered Species Act of 1973, as Author: The primary author of this 1. The authority citation for part 17 amended. A notice outlining the document is Mary Jennings of the continues to read as follows: Service’s reasons for this determination Wyoming Field Office (see ADDRESSES section). Authority: 16 U.S.C. 1361–1407; 16 U.S.C. was published in the Federal Register 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– on October 25, 1983 (48 FR 49244). List of Subjects in 50 CFR Part 17 625, 100 Stat. 3500; unless otherwise noted. Required Determinations Endangered and threatened species, 2. Amend § 17.12(h) by adding the Exports, Imports, Reporting and following, in alphabetical order under This rule does not contain collections recordkeeping requirements, FLOWERING PLANTS, to the List of of information that require approval by Transportation. Endangered and Threatened Plants to the OMB under 44 U.S.C. 3501 et seq. Proposed Regulation Promulgation read as follows: References Cited Accordingly, the Service hereby § 17.12 Endangered and threatened plants. proposes to amend part 17, subchapter A complete list of all references cited B of chapter I, title 50 of the Code of * * * * * herein, as well as others, is available Federal Regulations, as set forth below: (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Gaura neomexicana Colorado butterfly USA (CO,NE,WY) ... Onagraceae ...... T ...... NA NA ssp. coloradensis. plant.

*******

Dated: March 6, 1998. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 98–7479 Filed 3–23–98; 8:45 am] BILLING CODE 4310±55±U 14066

Notices Federal Register Vol. 63, No. 56

Tuesday, March 24, 1998

This section of the FEDERAL REGISTER appeals were filed on this decision. On To assist the Forest Service in contains documents other than rules or January 14, 1998, the Appeal Deciding identifying and considering issues and proposed rules that are applicable to the Officer from the Intermountain Regional concerns on the Proposed Action, public. Notices of hearings and investigations, Office reversed the Responsible comments on the Draft Supplemental committee meetings, agency decisions and Official’s August 1997 decision. In order Environmental Impact Statement should rulings, delegations of authority, filing of petitions and applications and agency to assure compliance with the Biological be as specific as possible. It is also statements of organization and functions are Opinion and the Revised Forest Plan, helpful if comments refer to specific examples of documents appearing in this interim direction was issued. pages or chapters of the draft statement. section. The Forest Service is seeking Comments may also address the information and scoping comments adequacy of the Draft Supplemental from Federal. State and local agencies as Environmental Impact Statement or the DEPARTMENT OF AGRICULTURE well as individuals and organizations merits of the alternatives formulated who may be interested in, or affected by, and discussed in the statement. Forest Service the proposed action. The Forest Service Reviewers may wish to refer to the invites written comments and Council on Environmental Quality Open Road and Open Motorized Trail suggestions related to the proposal. Regulations for implementing the Analysis, Targhee National Forest, Information received will be used in procedural provisions of the National Bonneville, Butte, Clark, Fremont, preparation of the draft Supplemental Environmental Policy Act at 40 CFR Jefferson, Lemhi, Madison and Teton EIS and final Supplemental EIS. For the 1503.3 in addressing these points. Counties, Idaho; Lincoln and Teton most effective use, comments should be Responsible Official: Jerry Reese, Counties, Wyoming submitted to the Forest Service within Forest Supervisor, Targhee National AGENCY: Forest Service, USDA. 30 days from the date of publication of Forest, 420 N. Bridge Street, St. ACTION: Notice of intent to prepare this Notice in the Federal Register. Anthony, ID 83445. Supplemental Environmental Impact The comment period on the Draft Jerry B. Reese, Statement. Supplemental Environmental Impact Targhee Forest Supervisor. Statement will be 45 days from the date [FR Doc. 98–7519 Filed 3–23–98; 8:45 am] SUMMARY: The Targhee National Forest the Environmental Protecting Agency BILLING CODE 3410±11±M will prepare a Supplemental publishes the notice of availability in Environmental Impact Statement (SEIS) the Federal Register. to document the Analysis and disclose The Forest Service believes, at this DEPARTMENT OF COMMERCE the environmental impacts of a open early stage, it is important to give motorized road and trail network for the reviewers notice of several court rulings International Trade Administration Targhee National Forest. related to public participation in the In this decision, the Targhee National environmental review process. First, [A±588±843] Forest would designate which roads and reviewers of Draft Supplemental trails are open for motorized use. Notice of Amended Preliminary Environmental Impact Statements must Determination of Sales at Less Than COMMENTS: Written scoping comments structure their participation in the Fair Value: Stainless Steel Wire Rod concerning the proposed project and environmental review of the proposal so From Japan analysis are encouraged and should be that it is meaningful and alerts an postmarked on or before April 23, 1998. agency to the reviewer’s position and AGENCY: Import Administration, Mail comments to Alan Silker, Targhee contentions. Vermont Yankee Nuclear International Trade Administration, National Forest, 420 N. Bridge Street, St. Power Corp. v. NRDC, 435 U.S. 519, 553 U.S. Department of Commerce. Anthony, ID 83445; telephone, (208) (1978). Also, environmental objections EFFECTIVE DATE: March 24, 1998. 624–3151. Further information can be that could be raised at the Draft FOR FURTHER INFORMATION CONTACT: obtained at the same location. No Supplemental Environmental Impact David Genovese, Import Administration, scoping meetings are planned at this Statement stage but that are not raised International Trade Administration, time. until after completion of the final U.S. Department of Commerce, 14th SUPPLEMENTARY INFORMATION: The environmental impact statement may be Street and Constitution Avenue, NW, Revised Targhee National Forest Land waived or dismissed by the courts. City Washington, D.C. 20230; telephone: Management and Resource Plan of Angoon v. Hodel, 803 F.2d 1016, (202) 482–0498. (Revised Plan) was approved in April, 1002 (9th Cir., 1986) and Wisconsin 1997. The management prescriptions Heritages, Inc. v. Harris, 490 F. Supp. The Applicable Statute adopted in the Revised Plan include 1334, 1338 (E.D. Wis. 1980). Because of Unless otherwise indicated, all standards for the miles of open roads these court rulings, it is very important citations to the Tariff Act of 1930, as and motorized trails allowed per square that those interested in this Proposed amended (the Act), are references to the mile. Standards are also established for Action participate by the close of the 45 provisions effective January 1, 1995, the cross country motorized use by day comment period so that substantive effective date of the amendments made prescription area. comments and objections are made to the Act by the Uruguay Round In August of 1997, the Targhee available to the Forest Service at a time Agreements Act. In addition, unless National Forest issued a Record of when it can meaningfully consider them otherwise indicated, all citations to the Decision for the Open Road and Open and respond to them in the final Department of Commerce’s (the Motorized Trail Travel Plan. Over 1200 environmental impact statement. Department’s) regulations are references Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14067 to 19 CFR part 351 (62 FR 27296 (May we inadvertently failed to convert the Dated: March 18, 1998. 19, 1997)). constructed value unit cost information Robert S. LaRussa, Amended Preliminary Determination from a per-kilogram basis to a per- Assistant Secretary for Import pound basis, which is the basis on Administration. We are amending the preliminary which the U.S. sales of further [FR Doc. 98–7638 Filed 3–23–98; 8:45 am] determination of sales at less than fair manufactured products were reported. BILLING CODE 3510±DS±P value for stainless steel wire rod (SSWR) See Memorandum To Louis Apple From from Japan to reflect the correction of a The Team, dated March 13, 1998, for a ministerial error made in a margin detailed discussion of Hitachi’s DEPARTMENT OF COMMERCE calculation in that determination. We ministerial error and the Department’s are publishing this amendment to the analysis. National Oceanic and Atmospheric preliminary determination pursuant to Administration 19 CFR 351.224(e). Because the correction of this ministerial error results in a zero margin Case History Fisheries Finance Program for Hitachi, the Department hereby Applications; Proposed Collection; On February 25, 1998, the Department amends its preliminary determination to Comment Request preliminarily determined that SSWR correct this error. In addition, because from Japan is being, or is likely to be, section 735(c)(5)(A) of the Act directs SUMMARY: The Department of sold in the United States at less than fair the Department to exclude zero margins Commerce, as part of its continuing value (63 FR 10854 (March 5, 1998)). On from the calculation of the ‘‘All Others effort to reduce paperwork and February 27, 1998, we disclosed our Rate,’’ we have recalculated the ‘‘All respondent burden, invites the general calculations for the preliminary Others Rate.’’ The revised weighted- public and other Federal agencies to determination to counsel for Daido Steel average dumping margins are as follows: Company, Ltd., Hitachi Metals, Ltd. take this opportunity to comment on (Hitachi), and Nippon Steel proposed and/or continuing information Weighted- collections, as required by the Corporation. On March 5, 1998, we average disclosed our calculations for the Manufacturer/producer/exporter margin per- Paperwork Reduction Act of 1995, preliminary determination to counsel centage Public Law 104–13 (44 U.S.C. for the petitioner. 3506(c)(2)(A)). Hitachi Metals, Ltd ...... 0.00 On March 2 and 4, 1998, we received DATES: Daido Steel Co., Ltd ...... 31.38 Written comments must be submissions, timely filed pursuant to 19 submitted on or before May 26, 1998. CFR 351.224(c)(2), from Hitachi, Nippon Steel Corp ...... 24.41 alleging ministerial errors in the Sanyo Special Steel Co., Ltd ... 31.38 ADDRESSES: Direct all written comments Department’s preliminary Sumitomo Electric Industries, to Linda Engelmeier, Departmental Ltd ...... 31.38 determination. In its submissions, Forms Clearance Officer, Department of All Others ...... 26.59 Hitachi requested that these errors be Commerce, Room 5327, 14th and corrected and an amended preliminary Constitution Avenue, NW, Washington determination be issued reflecting these Suspension of Liquidation DC 20230. changes. We did not receive comments In accordance with section 733(d)(2) FOR FURTHER INFORMATION CONTACT: from any other respondent or from the of the Act, the Department will direct Requests for additional information or petitioner. the U.S. Customs Service to continue to copies of the information collection Amendment of Preliminary require a cash deposit or posting of instrument(s) and instructions should Determination bond on all entries of subject be directed to Charles L. Cooper, The Department’s regulations provide merchandise from Japan—excepted Financial Services Division, Office of that the Department will correct any those produced and exported by Sustainable Fisheries, National Marine significant ministerial error by Hitachi—at the rates indicated above, Fisheries Service, 1315 East West amending the preliminary that are entered, or withdrawn from Highway, Silver Spring, Maryland determination. See 19 CFR 351.224(e). A warehouse, for consumption on or after 20910, (301) 713–2396. significant ministerial error is an error the date of publication of this notice in SUPPLEMENTARY INFORMATION: the correction of which, either singly or the Federal Register. The suspension of in combination with other errors: liquidation will remain in effect until I. Abstract (1) Would result in a change of at least further notice. The revised company- Respondents will be commercial five absolute percentage points in, but specific rate for Hitachi and the ‘‘All fishing industry individuals, not less than 25 percent of, the Others’’ rate, as well as those rates weighted-average dumping margin partnerships, or corporations which which have not changed are listed want to obtain Federal financing or calculated in the original (erroneous) above. preliminary determination; or refinancing of commercial fishing (2) Would result in a difference International Trade Commission vessels, fisheries shoreside or between a weighted-average dumping Notification aquacultural facilities, or individual margin of zero (or de minimis) and a fishing quotas, or obtain payment for weighted-average dumping margin of In accordance with section 773(f) of surrendering their fishing permits and/ greater than de minimis, or vice versa. the Act, we have notified the or vessels under a fishing capacity See 19 CFR 351.224(g). International Trade Commission of the reduction program. The information After analyzing Hitachi’s submissions, amended preliminary determination. collected from applicants will be used we have determined that a ministerial This amended preliminary to determine their eligibility for error was made in the margin determination is published pursuant to financial assistance under the Fisheries calculation for Hitachi in the section 777(i) of the Act. Finance Program pursuant to 50 CFR preliminary determination. Specifically, part 253. 14068 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

II. Method of Collection DEPARTMENT OF COMMERCE Requests for sign language interpretation or other auxiliary aids The collection of information will be National Oceanic and Atmospheric should be directed to Jonathon Krieger collected on the Fisheries Finance Administration at (301) 713–2276 at least five days prior Program Application Form. [I.D. 031898C] to the meeting date. III. Data Dated: March 19, 1998. Advisory Committee to the U.S. Bruce C. Morehead, OMB Number: 0648–0012. Section to the International Acting Director, Office of Sustainable Form Number: NOAA FORM 88–1. Commission for the Conservation of Fisheries, National Marine Fisheries Service. Atlantic Tunas (ICCAT); Spring [FR Doc. 98–7625 Filed 3–23–98; 8:45 am] Type of Review: Regular Submission. Species Working Group Meeting Affected Public: Businesses and other BILLING CODE 3510±22±F for profit organizations—commercial AGENCY: National Marine Fisheries fishermen, partnerships, and Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE corporations applying for financing or Commerce. buyback funds. National Oceanic and Atmospheric ACTION: Notice of public meeting. Estimated Number of Respondents: Administration 1650. SUMMARY: The Advisory Committee to [I.D. 031898A] Estimated Time Per Response: 6.3 the U.S. Section to ICCAT announces its Mid-Atlantic Fishery Management hours. Spring Meeting with its Species Working Groups on April 6–8, 1998. Council; Meeting Estimated Total Annual Burden DATES: The open sessions of the Hours: 10,400. AGENCY: National Marine Fisheries Committee will be held on April 6, Service (NMFS), National Oceanic and Estimated Total Annual Cost to 1998, from 3 p.m. to 5 p.m.; on April 7, Atmospheric Administration (NOAA), Public: No capital, operations, or 1998, from 8 a.m. to approximately 9:30 Commerce. maintenance costs are expected. a.m.; and on April 8, 1998, from 10 a.m. ACTION: Notice of a public meeting. to 3 p.m. Closed meetings of the Species IV. Request for Comments Working Groups will be held on April SUMMARY: The Mid-Atlantic Fishery Comments are invited on: (a) Whether 7, 1998, from approximately 9:30 a.m. to Management Council’s (Council) Coastal the proposed collection of information 6 p.m. and on April 8, 1998, from 8:30 Migratory Committee (Committee) and is necessary for the proper performance a.m. to 10 a.m. Atlantic States Marine Fisheries of the functions of the agency, including ADDRESSES: The meeting will be held at Commission’s Bluefish Board (Board) whether the information shall have the Holiday Inn, 8777 Georgia Avenue, will hold a public meeting. practical utility; (b) the accuracy of the Silver Spring, MD 20910. DATES: The meeting will be held on agency’s estimate of the burden FOR FURTHER INFORMATION CONTACT: Wednesday, April 8, 1998, from 1:00 (including hours and cost) of the Jonathon Krieger (301) 713-2276. p.m. until 5:00 p.m. proposed collection of information; (c) SUPPLEMENTARY INFORMATION: The ADDRESSES: This meeting will be held at ways to enhance the quality, utility, and Advisory Committee to the U.S. Section the Adam’s Mark Hotel, City Avenue clarity of the information to be to ICCAT will meet in open session to and Monument Road, Philadelphia, PA; collected; and (d) ways to minimize the discuss (1) the U.S. implementation of telephone: 215–581–5000. Council address: Mid-Atlantic Fishery burden of the collection of information ICCAT recommendations; (2) research Management Council, 300 S. New on respondents, including through the and monitoring activities; (3) the results of the Committee’s Species Working Street, Dover, DE 19904; telephone: use of automated collection techniques 302–674–2331. or other forms of information Groups meetings; and (4) other matters FOR FURTHER INFORMATION CONTACT: technology. relating to the international management of ICCAT species, David R. Keifer, Executive Director, Comments submitted in response to including possible special presentations Mid-Atlantic Fishery Management this notice will be summarized and/or by individual speakers. While the Council; telephone: 302–674–2331. included in the request for OMB public will have access to the open SUPPLEMENTARY INFORMATION: The approval of this information collection; sessions of the meeting, there will be no purpose of this meeting is to review the they also will become a matter of public opportunity for public comment. recommendations of the Council’s record. Sessions of the Advisory Committee’s Scientific and Statistical Committee Dated: March 17, 1998. Species Working Groups will not be regarding the status of the bluefish stock. The Committee and Board may Linda Engelmeier, open to the public, but the results of those discussions will be reported to the recommend management measures Departmental Forms Clearance Officer, Office full Advisory Committee during the compatible with the new assessment of Management and Organization. Committee’s open session on April 8. In information. [FR Doc. 98–7669 Filed 3–23–98; 8:45 am] addition, the Advisory Committee will Although other issues not contained BILLING CODE 3510±22±M meet in closed session the morning of in this agenda may come before the April 8 to discuss internal operational Committee and Board for discussion, in matters. Accordingly, the determination accordance with the Magnuson Stevens has been made that the committee shall Fishery Conservation and Management go into executive session at that time. Act, those issues may not be the subject of formal action during this meeting. Special Accommodations Action will be restricted to those issues The meeting locations are physically specifically identified in the agenda accessible to people with disabilities. listed in this notice. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14069

Special Accommodations formal action during this meeting. by itself on April 9, if necessary. The This meeting is physically accessible Action will be restricted to those issues April 9 meeting may be cancelled if the to people with disabilities. Requests for specifically listed in this notice. Committee feels that the April 8 meeting will be sufficient to develop sign language interpretation or other Special Accommodations management measures for public auxiliary aids should be directed to These meetings are physically Joanna Davis at the Council (see hearings. Recommendation from these accessible to people with disabilities. groups will be brought to the full ADDRESSES) at least 5 days prior to the Requests for special accommodations meeting date. Council for formal consideration and should be addressed to the New action, if appropriate. The agenda is as Dated: March 18, 1998. England Fishery Management Council, 5 follows: Bruce C. Morehead, Broadway, Saugus, MA 01906–1097; Wednesday, April 8, 1998, 10:00 Acting Director, Office of Sustainable telephone: (781) 231–0422. Requests for a.m.—Joint Whiting Committee, Fisheries, National Marine Fisheries Service. sign language interpretation or other Advisory Panel, and Plan Development [FR Doc. 98–7628 Filed 3–23–98; 8:45 am] auxiliary aids should be directed to Paul Team meeting BILLING CODE 3510±22±F J. Howard (see ADDRESSES) at least 5 Agenda: Discussion of appropriate days prior to the meeting dates. trip limits, mesh restrictions, and other Dated: March 19, 1998. measures to end and prevent overfishing DEPARTMENT OF COMMERCE Richard W. Surdi, on silver hake (whiting) and red hake stocks and to provide basic protection National Oceanic and Atmospheric Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. for offshore hake; discussion and Administration development of management measures [FR Doc. 98–7626 Filed 3–23–98; 8:45 am] [I.D. 031898D] for public hearings. BILLING CODE 3510±22±F Thursday, April 9, 1998, 9:00 a.m.— New England Fishery Management Whiting Committee meeting Council; Public Meeting Agenda: Final development of DEPARTMENT OF COMMERCE management measures for public AGENCY: National Marine Fisheries hearings. Service (NMFS), National Oceanic and National Oceanic and Atmospheric Administration All other information previously Atmospheric Administration (NOAA), published remains unchanged. Commerce [I.D. 031098F] Dated: March 19, 1998. ACTION: Notice of public meetings. New England Fishery Management Richard W. Surdi, SUMMARY: The New England Fishery Council; Public Meeting Acting Director, Office of Sustainable Management Council (Council) is Fisheries, National Marine Fisheries Service. AGENCY: National Marine Fisheries scheduling a public meeting of [FR Doc. 98–7627 Filed 3–23–98; 8:45 am] Service (NMFS), National Oceanic and Groundfish Advisory Panel to consider BILLING CODE 3510±22±F Atmospheric Administration (NOAA), actions affecting New England fisheries Commerce. in the exclusive economic zone (EEZ). ACTION: Notice of revision of a public DEPARTMENT OF COMMERCE DATES: The meeting will be held on meeting. April 8, 1998 at 9:30 a.m. National Oceanic and Atmospheric ADDRESSES: The meeting will be held at SUMMARY: The New England Fishery Administration the Holiday Inn, One Newbury Street, Management Council (Council) has [I.D. 031698C] (Route 1) Peabody, MA 01960; rescheduled the public meeting of the telephone: (978) 535–4600. Whiting Committee (Committee) that Endangered Species; Permits FOR FURTHER INFORMATION CONTACT: Paul was scheduled for Tuesday, April 7, AGENCY: National Marine Fisheries J. Howard, Executive Director, New 1998, at 10:00 a.m. The meeting was announced in the Federal Register on Service (NMFS), National Oceanic and England Fishery Management Council; Atmospheric Administration (NOAA), telephone: (781) 231–0422. March 17, 1998. See SUPPLEMENTARY INFORMATION for revisions. Commerce. SUPPLEMENTARY INFORMATION: The ACTION: Receipt of applications for purpose of the meeting is for the ADDRESSES: The meeting will be held at the Holiday Inn, One Newbury Street, scientific research/enhancement permits development of comments on (1128, 1129) and modifications to alternative measures to address the (Route 1), Peabody, MA 01960; telephone: (978) 535–4600. scientific research permits (900, 946, overfished condition of Gulf of Maine 1056). Issuance of scientific research FOR FURTHER INFORMATION CONTACT: Paul cod; identification of issues and options, permit #1113. and a review of proposals to meet the J. Howard, Executive Director, New stock rebuilding objectives necessary to England Fishery Management Council; SUMMARY: Notice is hereby given that bring the Northeast Multispecies telephone: (781) 231–0422. the Oregon Department of Fish and Fishery Management Plan into SUPPLEMENTARY INFORMATION: The initial Wildlife at La Grande, OR (ODFW) compliance with the requirements of the notice published on March 17, 1998 (63 (1128) and the Washington Department Sustainable Fisheries Act; discussion of FR 13034). The original notice stated of Fish and Wildlife at Olympia, WA other tasks as assigned by the that only the Whiting Committee would (WDFW) (1129) have applied in due Groundfish Oversight Committee. meet on Tuesday, April 7, 1998. The form for permits and that the Fish Although other issues not contained meeting has been rescheduled to meet Ecology Division of the Northwest in these agendas may come before this on Wednesday, April 8, 1998, and will Fisheries Science Center at Seattle, WA Panel for discussion, in accordance with now be a joint meeting of the Whiting (NWFSC) has applied in due form for the Magnuson-Stevens Fishery Committee, Whiting Advisory Panel, modifications to permits (900, 946, Conservation and Management Act, and Whiting Plan Development Team. 1056) that would authorize takes of those issues may not be the subject of The Whiting Committee will reconvene endangered and threatened anadromous 14070 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices fish species for the purpose of scientific To date, protective regulations for species associated with juvenile fish research. Notice is also given that NMFS threatened Snake River steelhead under releases is also requested. issued Research Permit number 1113 to section 4(d) of the ESA have not been WDFW (1129) requests a five-year Dr. Sylvia Galloway, Laboratory Director promulgated by NMFS. This notice of permit that would authorize an annual of the National Ocean Service - Marine receipt of an application requesting a direct take of adult and juvenile, Forensics Laboratory for the purpose of take of this species is issued as a threatened, naturally-produced and scientific research. precaution in the event that NMFS artificially-propagated, Snake River spring/summer chinook salmon DATES: Written comments or requests for issues protective regulations that a public hearing on these requests must prohibit takes of Snake River steelhead. associated with a supplementation be received on or before April 23, 1998. The initiation of a 30-day public program at the Tucannon River and comment period on the application, Lyons Ferry Fish Hatcheries. The new ADDRESSES: The application, permit, including its proposed take of Snake permit is proposed to replace part of and related documents are available for River steelhead, does not presuppose permit 848, which is due to expire on review by appointment in the following the contents of the eventual protective June 30, 1998. The objectives of offices: regulations. WDFW’s supplementation program are For permits 900, 946, 1056, 1128, and to: (1) Enhance the number of potential 1129: Protected Resources Division Applications Received spawners in the natural environment; (PRD), F/NWO3, 525 NE Oregon Street, ODFW (1128) requests a five-year (2) preserve the genetic integrity of the Suite 500, Portland, OR 97232–4169 permit that would authorize an annual stock to prevent extinction; and (3) stop (503–230–5400). direct take of adult and juvenile, the decline in run sizes and eventually, All documents are available for threatened, naturally-produced and to rebuild the natural population over review by appointment in the artificially-propagated, Snake River time. ESA-listed adult salmon that Endangered Species Division; Office of spring/summer chinook salmon return to the watershed each year are Protected Resources, F/PR3, NMFS, (Oncorhynchus tshawytscha) associated proposed to be captured at the 1315 East-West Hwy., Silver Spring, MD with a supplementation program at the Tucannon River weir, marked, and 20910–3226 (301–713–1401). Imnaha River and Lookingglass Creek innoculated for diseases. WDFW FOR FURTHER INFORMATION CONTACT: For Hatcheries. The new permit is proposed proposes to retain a percentage of the permits 900, 946, 1056, 1128, and 1129: to replace permit 847, which is due to ESA-listed adult salmon that return to Robert Koch, PRD (503–230–5424). expire on June 30, 1998. The objectives the weir each year for hatchery For Permit 1113: Terri Jordan, of ODFW’s program are to: (1) Restore broodstock and to release all of the ESA- Endangered Species Division, Office of natural populations of chinook salmon listed adult salmon not retained for Protected Resources, (301–713–1401). in the basin to ESA delisting levels, (2) broodstock above the weir to spawn reestablish traditional tribal and naturally. ESA-listed adult salmon SUPPLEMENTARY INFORMATION: Permits recreational fisheries for chinook retained for broodstock are proposed to are requested under the authority of salmon, (3) maintain the genetic and life be transported to the hatcheries and section 10 of the Endangered Species history characteristics of the endemic spawned. The resulting progeny are Act of 1973 (ESA) (16 U.S.C. 1531– wild population while pursuing proposed to be reared in the hatcheries, 1543) and the NMFS regulations mitigation goals and management tagged with coded-wires and passive governing ESA-listed fish and wildlife objectives, and (4) operate the hatchery integrated transponders, and released permits (50 CFR parts 217–227). program to ensure that the genetic and when ready to outmigrate to the ocean. Those individuals requesting a life history characteristics of the An annual incidental take of ESA-listed hearing on these requests for permits hatchery fish mimic the wild fish. ESA- species associated with juvenile fish should set out the specific reasons why listed adult salmon that return to the releases is requested. In addition, a hearing would be appropriate (see watershed each year are proposed to be WDFW requests an annual direct take of ADDRESSES). The holding of such a captured at the Imnaha River weir, adult, threatened, Snake River steelhead hearing is at the discretion of the marked, and inoculated for diseases. (Oncorhynchus mykiss) associated with Assistant Administrator for Fisheries, ODFW proposes to retain a percentage a research/monitoring program at the NOAA. All statements and opinions of the ESA-listed adult salmon that Tucannon River adult trap. WDFW contained in the following application return to the weir each year for hatchery proposes to monitor ESA-listed adult summaries are those of the applicants broodstock and to release all of the ESA- steelhead returns to the Tucannon River and do not necessarily reflect the views listed adult salmon not retained for watershed annually in anticipation of of NMFS. broodstock above the weir to spawn the need to initiate a supplementation Issuance of these permits, naturally. In a given year, if more program, using locally-adapted modifications, and amendments, as hatchery-origin adult salmon are populations, in the future. ESA-listed required by the ESA, was based on a available than are needed to release adult steelhead are proposed to be finding that such permits, above the weir or to keep for captured, enumerated, and released. modifications, and amendments: (1) broodstock, ODFW proposes to ESA-listed adult steelhead indirect Were applied for in good faith; (2) transport the excess hatchery-origin mortalities associated with research/ would not operate to the disadvantage adults to Big Sheep and/or Lick Creeks monitoring activities are requested. of the listed species which are the and outplant them for natural spawning. NWFSC requests modification 5 to subject of the permits; and (3) are ESA-listed adult salmon retained for permit 900. Permit 900 authorizes consistent with the purposes and broodstock are proposed to be NWFSC annual takes of juvenile, policies set forth in section 2 of the transported to the hatcheries and endangered, Snake River sockeye ESA. These permits, modifications, and spawned. The resulting progeny are salmon (Oncorhynchus nerka); juvenile, amendments were also issued in proposed to be reared in the hatcheries, threatened, naturally-produced and accordance with and are subject to parts tagged with coded-wires and passive artificially-propagated, Snake River 217-222 of Title 50 CFR, the NMFS integrated transponders, and released spring/summer chinook salmon regulations governing listed species when ready to outmigrate to the ocean. (Oncorhynchus tshawytscha); and permits. An annual incidental take of ESA-listed juvenile, threatened, Snake River fall Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14071 chinook salmon (Oncorhynchus NWFSC annual takes of juvenile, Dated: March 18, 1998. tshawytscha) associated with three threatened, naturally-produced and Joseph R. Blum, studies designed to determine the artificially-propagated, Snake River Acting Chief, Endangered Species Division, relative survival of migrating juvenile spring/summer chinook salmon Office of Protected Resources, National salmonids at hydropower dams and associated with two scientific research Marine Fisheries Service. reservoirs on the Snake and Columbia studies. The objectives of Study 1 is to [FR Doc. 98–7631 Filed 3–23–98; 8:45 am] Rivers in the Pacific Northwest. For characterize the run-timing of wild fish BILLING CODE 3510±22±F modification 5, NWFSC requests an over a period of years to determine if increase in the takes of ESA-listed consistent patterns are apparent and to juvenile fish associated with the studies, use this information for real-time COMMITTEE FOR THE and annual takes of juvenile, management decisions regarding water IMPLEMENTATION OF TEXTILE endangered, naturally-produced and allocation during the smolt AGREEMENTS artificially-propagated, upper Columbia outmigrations. The objectives of Study 2 River steelhead (Oncorhynchus mykiss); are to monitor the nature and extent of Extension of Temporary Amendment juvenile, threatened, Snake River genetic change over time in to the Requirements for Participating steelhead (Oncorhynchus mykiss); and supplemented and unsupplemented in the Special Access Progam for juvenile, threatened, lower Columbia populations, to correlate the genetic Caribbean Basin Countries River steelhead (Oncorhynchus mykiss) changes with measures of productivity, associated with the research. ESA-listed and to provide information on March 20, 1998. juvenile fish are proposed to be population structure and effective AGENCY: Committee for the captured, handled, and released or population size. For modification 1, Implementation of Textile Agreements captured, tagged with passive integrated NWFSC requests annual takes of (CITA). transponders (PIT) or radio transmitters, juvenile, threatened, Snake River ACTION: Issuing a directive to the and released. ESA-listed juvenile fish steelhead associated with the research. Commissioner of Customs extending indirect mortalities are requested. ESA-listed juvenile steelhead are amendment of requirements for Modification 5 is requested to be valid proposed to be captured, handled, and participation in the Special Access for the duration of the permit which released or captured, handled, PIT- Program for a temporary period. expires on December 31, 1999. tagged, and released or lethally taken. EFFECTIVE DATE: March 23, 1998. NWFSC requests modification 4 to ESA-listed juvenile steelhead indirect permit 946. Permit 946 authorizes mortalities are requested. Modification 1 FOR FURTHER INFORMATION CONTACT: Lori NWFSC annual takes of juvenile, is requested to be valid for the duration E. Mennitt, International Trade endangered, Snake River sockeye of the permit which expires on Specialist, Office of Textiles and salmon; adult and juvenile, threatened, December 31, 2001. Apparel, U.S. Department of Commerce, naturally-produced and artificially- (202) 482–3400. propagated, Snake River spring/summer Permits Issued SUPPLEMENTARY INFORMATION: chinook salmon; and juvenile, Notice was published on December threatened, Snake River fall chinook Authority: Section 204 of the Agricultural 31, 1997 (62 FR 68260) that an Act of 1956, as amended (7 U.S.C. 1854); salmon associated with two scientific application had been filed by Dr. Sylvia Executive Order 11651 of March 3, 1972, as research studies. Study 1 is designed to Galloway, Laboratory Director of the amended. compare the survival to adulthood of National Ocean Service - Marine spring/summer chinook salmon smolts A notice and letter to the Forensics Laboratory,requests transported by barge to below Commissioner of Customs published in authorization to possess and conduct Bonneville Dam with the survival to the Federal Register on September 19, research on listed, non-marine mammal, adulthood of smolts migrating 1997 (62 FR 49206) announced the volitionally under prevailing river non-reptilian species using tissue temporary amendment to the foreign conditions. Study 2 is designed to assess samples (fin clips, barbels, blood, origin exception for findings and the migration timing and relative muscle, skin) to provide technical trimmings under the Special Access survival of transported and inriver support that is responsive to NOAA Program. By date of export, the foreign juvenile chinook salmon migrating goals involving protected and origin exception for findings and volitionally from Bonneville Dam to the endangered species, via law trimmings, including elastic strips of mouth of the Columbia River. For enforcement. The application requests less than one inch in width, under the modification 4, NWFSC requests an the ability to maintain samples of non- Special Access Program were increase in the takes of ESA-listed marine mammal, or reptile listed temporarily amended to include non- juvenile fish associated with the studies. species obtained from permitted U.S. formed, U.S. cut interlinings for the Also for modification 4, NWFSC individuals and by Federal, state or period September 23, 1997 through requests annual takes of juvenile, local law enforcement agents for the March 22, 1998 for men’s and boys’ suit endangered, naturally-produced and purposes of archival as authorized by jackets and suit-type jackets in artificially-propagated, upper Columbia the ESA. Categories 433, 443, 633 and 643. In the River steelhead; juvenile, threatened, The permit holder is not authorized to aggregate, such interlinings, findings Snake River steelhead; and juvenile, conduct any field collection exercises to and trimmings must not exceed 25 threatened, lower Columbia River obtain the samples. All of the samples percent of the cost of the components of steelhead associated with the research. must be obtained from previously the assembled article. This amendment ESA-listed juvenile fish indirect authorized sources (permitted is being extended for a six-month period mortalities are requested. Modification 4 researchers, law enforcement beginning on March 23, 1998 and is requested to be valid for the duration authorities). All tissue samples will be extending through September 22, 1998 of the permit which expires on maintained in a laboratory at the for men’s and boys’ suit jackets and suit- December 31, 1999. National Ocean Service - Marine type jackets in Categories 433, 443, 633 NWFSC requests modification 1 to Forensics Laboratory, Charleston, South and 643 entered under the Special permit 1056. Permit 1056 authorizes Carolina. Access Program (9802.00.8015) 14072 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices provided they are cut in the United made filaments used in the manufacture of P. Defense Advisory Committee on States and are of a type described below: nen’s or boys’ tailored suit jackets and suit- Military Personnel Testing (1) A chest type plate, ‘‘hymo’’ piece type jackets; Q. Defense Advisory Committee on or ‘‘sleeve header’’ of woven or welf- (2) A weft-inserted warp knit fabric which Women in the Services inserted warp knit construction of contains and exhibits properties of elasticity R. DoD Wage Committee and resilience which render the fabric S. Strategic Advisory Group for the U.S. coarse animal hair or man-made especially suitable for attachment by fusing filaments used in the manufacture of Strategic Command with a thermo-plastic adhesive to the coat- T. National Security Agency Scientific men’s or boys’ tailored suit jackets and front, side body or back of men’s or boys’ suit-type jackets; tailored suit jackets and suit-type jackets. Advisory Board (2) A weft-inserted warp knit fabric (3) A woven fabric which contains and These committees provide necessary which contains and exhibits properties exhibits properties of resiliency which render and valuable advice to the Secretary of of elasticity and resilience which render the fabric especially suitable for attachment Defense and other senior officials in the the fabric especially suitable for by fusing with a thermo-plastic adhesive to DoD in their respective areas of attachment by fusing with a thermo- the coat-front, side body or back of men’s or expertise. They make important plastic adhesive to the coat-front, side boys’ tailored suit jackets and suit-type contributions to DoD efforts in research jackets. and development, education and body or back of men’s or boys’ tailored The Committee for the Implementation of suit jackets and suit-type jackets. Textile Agreements has determined that this training, and various technical program (3) A woven fabric which contains action falls within the foreign affairs areas. and exhibits properties of resiliency exception of the rulemaking provisions of 5 It is a continuing DoD policy to make which render the fabric especially U.S.C. 553(a)(1). every effort to achieve a balanced suitable for attachment by fusing with a Sincerely, membership in DoD advisory thermo-plastic adhesive to the coat- D. Michael Hutchinson, committees. Each committee is front, side body or back of men’s or Acting Chairman, Committee for the evaluated in terms of the functional boys’ tailored suit jackets and suit-type Implementation of Textile Agreements. disciplines, levels of experience, jackets. [FR Doc. 98–7722 Filed 3–23–98; 8:45 am] professional diversity, public and private association, and similar D. Michael Hutchinson, BILLING CODE 3510±DR±F Acting Chairman, Committee for the characteristics required to ensure that a Implementation of Textile Agreements. high degree of balance is obtained. EFFECTIVE DATE: February 28, 1998. Committee for the Implementation of Textile DEPARTMENT OF DEFENSE Agreements FOR FURTHER INFORMATION: Jennifer March 20, 1998. Office of the Secretary Spaeth, 703–695–4281. Dated: March 18, 1998. Commissioner of Customs, Renewal of 20 Department of Defense Department of the Treasury, Washington, DC L.M. Bynum, Advisory Committees 20229. Alternate OSD Federal Register Liaison Dear Commissioner: This directive amends AGENCY: Department of Defense. Officer, Department of Defense. but does not cancel the directive issued to ACTION: [FR Doc. 98–7509 Filed 3–23–98; 8:45 am] you on September 15, 1997, by the Chairman, Notice. BILLING CODE 5000±04±M Committee for the Implementation of Textile SUMMARY: Under the provisions of Agreements. That directive concerns the foreign origin exception for findings and Public Law 92–463, the ‘‘Federal trimmings under the Special Access Program. Advisory Committee Act,’’ notice is DEPARTMENT OF DEFENSE Effective on March 23, 1998, by date of hereby given that the following 20 DoD export, you are directed to extend, for the six- advisory committees have been Office of the Secretary month period March 23, 1998 through determined to be in the public interest Spring 1998 Conference Meeting of the September 22, 1998, the amendment to treat and have been renewed: Defense Advisory Committee on non-U.S. formed, U.S.-cut interlinings, A. Air University Board of Visitors further described below, for men’s and boys’ Women in the Services (DACOWITS) wool and man-made fiber suit jackets and B. Community College of the Air Force suit-type jackets in Categories 433, 443, 633 Board of Visitors AGENCY: Department of Defense, and 643 as qualifying for the exception for C. U.S. Air Force Scientific Advisory Advisory Committee on Women in the findings and trimmings, including elastic Board Services. strips less than one inch in width, created D. Armed Forces Epidemiological Board ACTION: Notice. under the Special Access Program E. Army Science Board established effective September 1, 1986 (see F. Chief of Engineers Environmental SUMMARY: Pursuant to Section 10(a), 51 FR 21208). In the aggregate, such Advisory Board Pub. L. 92–463, as amended, notice is interlinings, findings and trimmings must not G. Scientific Advisory Board of the hereby given of a forthcoming semi- exceed 25 percent of the cost of the annual conference of the Defense components of the assembled article. Armed Force Institute of Pathology H. Army Education Advisory Committee Advisory Committee on Women in the The amendment implemented by this Services (DACOWITS). The purpose of directive shall be of a temporary nature. The I. Board of Advisors to the President, amendment will terminate on September 22, Naval War College the Spring 1998 DACOWITS Conference 1998, by date of export. J. Board of Advisors to the is to assist the Secretary of Defense on As described above, non-U.S. formed, U.S.- Superintendent, Naval Postgraduate matters relating to women in the cut interlinings may be used in imports of School Services. Conferences sessions will be men’s or boys’ suit jackets and suit-type K. Chief of Naval Operations Executive held daily and will be open to the jackets entered under the Special Access Panel Advisory Committee public, unless otherwise noted below. Program (9802.00.8015) provided they are cut DATES: April 22–26, 1998. in the United States and of a type described L. Naval Research Advisory Committee below: M. Advisory Group on Electron Devices ADDRESSES: Sheraton Reston Hotel, (1) A chest plate, ‘‘hymo’’ piece or ‘‘sleeve N. Board of Visitors, National Defense 11810 Sunrise Valley Drive, Reston, VA header’’ of woven or weft-inserted warp knit University 22091; telephone: (703) 620–9000 or 1– construction of coarse animal hair or man- O. Defense Science Board (800) 392–7666. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14073

FOR FURTHER INFORMATION CONTACT: comments to the scheduled speakers, DEPARTMENT OF DEFENSE Major Sandy Lewis, ARNG, or GySgt members of the public will be permitted Brenad L. Warren, USMC, DACOWITS to ask questions if recognized by the Department of the Army and Military Women Matters, OASD Chair and if time allows. (Force Management Policy), 4000 Notice of Availability of the Draft (12) Non-social agenda events that are Defense Pentagon, Room 3D769, Environmental Impact Statement for Washington, DC 20301–4000; telephone not open to the public are for Pilot Testing of Neutralization/ (703) 697–2122 or E-Mail: administrative matters unrelated to Biotreatment of Mustard Agent at [email protected]. substantive advice provided to the Aberdeen Proving Ground, Maryland Department of Defense and do not SUPPLEMENTARY INFORMATION: The AGENCY: involve DACOWITS deliberations or Department of the Army, DoD. following rules will govern the ACTION: Notice of availability (NOA). participation by members of the public decision-making issues before the at the conference: Committee. Conference sessions will be SUMMARY: This announces the (1) Members of the public will not be conducted according to the following availability of the Draft Environmental permitted to attend the OSD Luncheon, agenda: Impact Statement (DEIS) which assesses OSD Reception and Dinner and Wednesday, April 22, 1998 the potential environmental impacts of Conference Field Trip. the design, construction, systemization (2) The Opening Session, General Conference Registration and operation of a facility to pilot test Session, all Subcommittee Sessions, Tri- Military Representatives Meeting the neutralization/biotreatment process Committee Review, Final Review and of mustard agent using water at (Senior Military Representatives the Voting Session will be open to the Aberdeen Proving Ground (APG), Only) public. Maryland. The proposed facility will be (3) Interested persons may submit a Executive Committee Rules and used to demonstrate, as part of a written statement for consideration by Procedures Meeting (DACOWITS research and development program, the the Committee and/or make an oral Members Only) feasibility of adopting the neutralization presentation of such during the process using water, followed by Thursday, April 23, 1998 conference. biotreatment, to destroy mustard agent (4) Persons desiring to make an oral Opening Session and General Session currently stored in two containers at presentation or submit a written (Open to Public) APG. statement to the Committee must notify The alternatives considered in this the point of contact listed above no later Luncheon (Paid Registered Conference DEIS are no action (i.e., continued than April 10, 1998. Participants Only) storage of mustard agent at APG) and (5) Length and number of oral Subcommittee Session (Open to Public) locating the pilot facility at one of two presentations to be made will depend potential sites within APG. Although on the number of requests received from Friday, April 24, 1998 the no action alternative is not viable members of the public. Subcommittee Session (Open to Public) under Public Law 99–145, the (6) Oral presentations by members of Department of Defense Authorization the public will be permitted only on OSD Luncheon (Invited Guests Only) Act of 1986, it was analyzed to provide Sunday, April 26, 1998, before the full Subcommittee Session (Open to Public) a comparison with the proposed action. Committee. Executive Committee Rules and In addition, the no action alternative is (7) Each person desiring to make an considered to be deferral of research and oral presentation must provide the Procedures Meeting (DACOWITS Members Only) development of the neutralization DACOWITS office with one (1) copy of process as an alternative technology. the presentation by April 10, 1998 and OSD Reception and Diner (Invited DATES: The public comment period for bring 175 copies of any material that is Guests Only) intended for distribution at the the DEIS will end 45 days after conference. Saturday, April 25, 1998 publication of the NAO in the Federal (8) Persons submitting a written Register by the U.S. Environmental Subcommittee Session (Open to Public) statement for inclusion in the minutes Protection Agency. Public comments of the conference must submit to the Tri-Committee Review (Open to Public) received on the DEIS will be considered and addressed in the final EIS and DACOWITS staff one (1) copy of the Subcommittee Session (Open to Public) statement by the close of the conference considered by the Army in its Record of Field Trip (DACOWITS Members and on Sunday, April 26, 1998. Decision. (9) Other new items from members of Senior Military Representatives Only) ADDRESSES: To obtain copies of the the public may be presented in writing Executive Committee Rules and DEIS, contact Ms. Nancy Hoffman at to any DACOWITS member for Procedures Meeting (DACOWITS Edgewood Community Outreach Office transmittal to the DACOWITS Chair or Members Only) at (410) 676–6800 or write to: Military Director, DACOWITS and Woodbridge Station, 1011 Woodbridge Military Women Matters, for Sunday, April 26, 1998 Center Way, Edgewood, Maryland 21040. consideration. Final Review (Open to Public) (10) Members of the public will not be FOR FURTHER INFORMATION CONTACT: permitted to enter oral discussions Voting Session (Open to Public) Office of the Program Manager for conducted by the Committee members Dated: March 17, 1998. Chemical Demilitarization, ATTN: at any of the sessions; however, they L.M. Bynum, SFAE–CD–P (Ms. Catherine Herlinger), Building E4585, Aberdeen Proving will be permitted to reply to questions Alternate OSD Federal Register Liaison directed to them by the members of the Officer, Department of Defense. Ground, Maryland 21010–5401; Committee. telephone: (800) 488–0648 or (410) 671– [FR Doc. 98–7508 Filed 3–23–98; 8:45 am] (11) After the official participants 1479; e-mail: have asked questions and/or made BILLING CODE 5000±04±M [email protected]. 14074 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

SUPPLEMENTARY INFORMATION: The DEIS DEPARTMENT OF DEFENSE Harbor) which contains the largest port concludes that mustard stored in bulk on the east coast, the port of New York containers can be pilot tested at APG Department of the Army; Corps of and New Jersey, and is among the using the neutralization (hydrolysis) Engineers largest in the United States in terms of process with water, followed by volume of commerce. Thirty billion Intent To Prepare a Draft biotreatment, in a safe and gallons of petroleum are handled by the Environmental Impact Statement environmentally acceptable manner. At Port each year and make it the largest (DEIS) for the New York and New petroleum port in the country. The Port one time, the option of sending the Jersey Harbor Navigation Study: hydrolysate to an off-site biotreatment is also the third largest container port in Feasibility Phase the United States and the largest on the facility was under consideration by the east coast of North America. The Port Army. However, the Army has been AGENCY: U.S. Army Corps of Engineers, DoD. provides more than 166,000 port-related unable to identify a suitable off-site jobs, $20 billion in economic activity, ACTION: Notice of intent. biotreatment facility that would accept and serves more than 17 million the neutralization hydrolysate, and also SUMMARY: The New York District of the consumers in the States of New York conform to the safety and environmental U.S. Army Corps of Engineers is and New Jersey. The Port handles this protection requirements of the proposed preparing a Draft Environmental Impact large volume of commerce despite the action. Therefore, off-site biotreatment Statement (DEIS) to ascertain fact that it lacks sufficient depth to serve is not addressed further in this DEIS. compliance with and lead to production fully loaded ships of the latest designs Dated: March 18, 1998. of a National Environmental Policy Act to enter service. 1. The study area, located in the Richard E. Newsome, (NEPA) document in accordance with the President’s Council of western Atlantic Ocean, consists of Acting Deputy Assistant Secretary of the existing Federal Channels and Army (Environment, Safety and Occupational Environmental Quality (CEQ) Rules and Regulations, as defined and amended in Anchorages. Channels are: Ambrose; Health) OASA (I, L&E). Bay Ridge; Red Hook; Buttermilk; Kill [FR Doc. 98–7597 Filed 3–23–98; 8:45 am] 40 Code of Federal Regulations (CFR) Parts 1500–1508, Corps’ Principles and Van Kull; Claremont; Port Jersey; BILLING CODE 3710±08±M Guidelines as defined in Engineering Newark Bay (including Port Newark and Regulation (ER) 1105–2–100 and ER Elizabeth Channels); and Arthur Kill. Anchorages are Stapleton, Bay Ridge DEPARTMENT OF DEFENSE 1105–1–200 and other applicable Federal and State environmental laws and Gravesend. The Port of New York and New Jersey for the proposed deepening and Department of the Army is also included in the study area. The navigation improvements to the New study area has been divided into six Notice of Closed Meeting York and New Jersey Harbor. The study area includes the Federal ‘‘paths,’’ having the Ambrose and Anchorage channels as common Navigation waterways Ambrose and In accordance with Section 10(a)(2) of elements: the Kill Van Kull/Newark Bay Anchorage Channels; New York and the Federal Advisory Committee Act to Port Newark and Elizabeth; the Kill New Jersey Channels (the Kill Van Kull (Pub. L. 92–463), announcement is Van Kull and Arthur Kill to Howland and Arthur Kill to Gulfport); Newark made of the following Committee Hook; the remaining Arthur Kill path Bay Channel (from the Kill Van Kull to Meeting: and Arthur Kill to Howland Hook; the Elizabeth Channel); Bay Ridge and Red remaining Arthur Kill path from Name of Committee: Army Science Board Hook Channel; Buttermilk Channel; and Howland Hook to Gulfport; the (ASB). the Stapleton, Red Hook and Gravesend Stapleton, Bay Ridge, Red Hook and Date of Meeting: 24 March 1998. Anchorages; and the non-federal Port Buttermilk channels; the Port Jersey Time of Meeting: 0800–1700. Jersey and Claremont Channels. Place: MIT Lincoln Laboratory—Lexington, Channel and Claremont Terminal FOR FURTHER INFORMATION CONTACT: MA. channels; and the Red Hook, Stapleton Jenine Gallo, Project Biologist at (212) Agenda: The Army Science Board’s (ASB) and Gravesend Anchorages. 264–4740 (4559), Planning Division, Independent Assessment Panel on ‘‘Hit-to- 2. Areas to be analyzed include the Corps of Engineers, New York District, Kill Interceptor Lethality—Phase II’’ will navigation channels and anchorages, meet to receive briefings on biological 25 Federal Plaza, New York, New York and water areas adjacent to navigation defense from the staff of the Lincoln 10278–0090. channels and anchorages. A National Laboratory of the Massachusetts Institute of SUPPLEMENTARY INFORMATION: This study Economic Development (NED) Plan will Technology. This meeting will be closed to is authorized by Section 435 of the be developed to support container and the public in accordance with Section Water Resources Development Act of petroleum facilities. Various depth 552b(c) of Title 5, U.S.C., specifically 1996 which reads: ‘‘The Secretary shall alternatives will be evaluated for each subparagraphs (1) and (4) thereof, and Title conduct a comprehensive study of channel and design vessel depths in 5, U.S.C., Appendix 2, subsection10(d). The navigation needs at the Port of New excess of 50 feet of petroleum reaches classified and unclassified matters to be York-New Jersey (including the South will be analyzed and estimated discussed are so inextricably intertwined so Brooklyn Marine and Red Hook quantities of material to be removed will as to preclude opening any portion of this Container Terminals, Staten Island, and be developed for each channel. The meeting. For further information, please adjacent areas) to address study assumes that the Arthur Kill contact our office at (703) 604–7490. improvements, including deepening of Channel/Howland Hook Project, the Kill Wayne Joyner, existing channels to depths of 50 feet or Van Kull Project, and the Port Jersey Program Support Specialist, Army Science greater, that are required to provide Project will have been dredged to –41, Board. economically efficient and –45, and –41 feet MLW respectively environmentally sound navigation to [FR Doc. 98–7637 Filed 3–23–98; 8:45 am] prior to the construction of the Harbor meet current and future requirements’’. Deepening project. BILLING CODE 3710±08±M The study area is the Harbor of New Three types of environmental York/New Jersey (hereinafter, the analyses will be conducted; impacts Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14075 associated with Land-Based Facility Department of Education, Application geographic areas that were affected, the Improvements, impacts associated with Control Center, Attention: CFDA 84.287, Assistant Secretary has decided to Navigation Improvements, and analyses 600 Independence Avenue, SW., extend the deadline to all potential required for mitigation planning Washington, DC 20202–4725. An applicants. By extending this deadline purposes. application must show proof of mailing by three days, the Assistant Secretary 3. Public scoping meetings are consisting of one of the following: (1) a emphasizes that the limited purpose of expected to be scheduled in April/May legibly dated U.S. Postal Service this extension is to enable potential 1998. Six meetings will be held in postmark, (2) a legible mail receipt with applicants who completed their Brooklyn, Staten Island, Manhattan and the date of mailing stamped by the U.S. applications, but were unable to mail New Jersey. Results from the public Postal Service, (3) a dated shipping them on time due to adverse weather scoping meetings with the District and label, invoice, or receipt from a conditions, an opportunity to submit the Environmental Work Group (EWG), commercial carrier, or (4) any other completed applications. and federal, state and local agency proof of mailing acceptable to the U.S. ELECTRONIC ACCESS TO THIS DOCUMENT: coordination will be addressed in the Secretary of Education. Anyone may view this document, as DEIS. Parties interested in receiving An application that is hand delivered well as all other Department of notices of public scoping meetings or must be taken to the U.S. Department of Education documents published in the copies of the Scoping Document should Education, Application Control Center, Federal Register, in text or portable contact: Jenine Gallo, USACE, New York Room 3633, General Services document format (pdf) on the World District, 26 Federal Plaza, New York, Administration National Capital Region, Wide Web at either of the following NY 10278–0090. Seventh and D Streets, SW., sites: 4. Federal agencies interested in Washington, DC 20202–4725. The http://ocfo.ed.gov/fedreg.htm participating as a Cooperating Agency Application Control Center will accept http://www.ed.gov/news.html are requested to submit a letter of intent deliveries between 8:00 a.m. and 4:30 To use the pdf you must have the Adobe to Colonel Gary Thomas, District p.m. daily, except Saturdays, Sundays, Acrobat Reader Program with Search, Engineer at the above address. and Federal holidays. which is available free at either of the 5. Estimated Date of the DEIS Individuals who use a previous sites. If you have questions availability: September 1999. telecommunications device for the deaf about using the pdf, call the U.S. Gregory D. Showalter, (TDD) may call the Federal Information Government Printing Office toll free at Army Federal Register Liaison Officer. Relay Service (FIRS) at 1–800–877–8339 1–888–293–6498. [FR Doc. 98–7621 Filed 3–23–98; 8:45 am] between 8 a.m. and 8 p.m., Eastern time, Anyone may also view these BILLING CODE 3710±06±M Monday through Friday. Individuals documents in text copy only on an with disabilities may obtain this electronic bulletin board of the document in an alternate format (e.g., Department. Telephone: (202) 219–1511 Braille, large print, audiotape, or DEPARTMENT OF EDUCATION or, toll free, 1–800–222–4922. The computer diskette) on request to documents are located under Option [CFDA No. 84.287] Amanda Clyburn, Office of Educational G—Files/Announcements, Bulletins and Research and Improvement, U.S. Press Releases. 21st Century Community Learning Department of Education, 555 New Note: The official version of a document is Centers Program; Notice of Extension Jersey Avenue., NW, Room 506b, of Application Deadline Date the document published in the Federal Washington, DC 20208–5644. Register. Telephone: 202–219–2180. Inquiries Program Authority: 20 U.S.C. 8241–8246. may also be sent by e-mail to Dated: March 20, 1998. SUMMARY: The Assistant Secretary . extends the deadline date for the Individuals with disabilities may Ricky T. Takai, submission of applications for new obtain a copy of the application package Acting Assistant Secretary for Educational awards for fiscal year 1998 under the in an alternate format, also by Research and Improvement. 21st Century Community Learning contacting Amanda Clyburn. However, [FR Doc. 98–7697 Filed 3–20–98; 11:04 am] Centers program. The Assistant the Department is not able to reproduce BILLING CODE 4000±01±P Secretary also revises the deadline for in an alternate format the standard Intergovernmental review under the forms included in the application requirements of Executive Order 12372 package. DEPARTMENT OF EDUCATION (Intergovernmental review of Federal [CFDA No. 84.177A] programs). The Assistant Secretary takes SUPPLEMENTARY INFORMATION: On this action to allow more time for the December 2, the Assistant Secretary published a notice inviting applications Independent Living Services for Older submission of applications by potential Individuals Who Are Blind; Notice applicants adversely affected by severe for new awards. In that notice, the Assistant Secretary established a Inviting Applications for New Awards weather conditions in various areas of for Fiscal Year (FY) 1998 the Nation. The extension is intended to deadline date of March 9, by which all help these potential applicants compete applications must have been hand- Purpose of Program: This program fairly with other applicants under this delivered or mailed. Because of adverse supports projects that— program. weather conditions in various sections (a) provide independent living of the country on and around this date, services to older individuals who are NEW DEADLINE DATE FOR TRANSMITTAL OF some potential applicants were unable blind; APPLICATIONS: March 27, 1998. to transmit applications on time. To (b) conduct activities that will NEW DEADLINE DATE FOR enable these potential applicants to improve or expand services for these INTERGOVERNMENTAL REVIEW: May 26, participate in this competition, the individuals; and 1998. Assistant Secretary has determined to (c) conduct activities to help improve ADDRESSES: An application sent by mail extend this deadline. Because of the public understanding of the problems of must be addressed to the U.S. difficulty in identifying the specific these individuals. 14076 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Eligible Applicants: Any designated of the previous sites. If you have attempted to contact and advise other State agency (DSA) that does not questions about using the pdf, call the royalty owners of their respective currently have a project funded under U.S. Government Printing Office toll obligations. this program and is authorized to free at 1–888–293–6498. Any person desiring to be heard or to provide rehabilitation services to Anyone may also view these make any protest with reference to said individuals who are blind is eligible for documents in text copy only on an petition should on or before 15 days an award under this notice. electronic bulletin board of the after the date of publication in the Deadline for Transmittal of Department. Telephone: (202) 219–1511 Federal Register of this notice, file with Applications: May 15, 1998. or, toll free, 1–800–222–4922. The the Federal Energy Regulatory Deadline for Intergovernmental documents are located under Option Commission, 888 First Street, N.E., Review: July 14, 1998. G—Files/Announcements, Bulletins and Washington, D.C. 20426, a motion to Applications Available: March 25, Press Releases. intervene or a protest in accordance 1998. Note: The official version of this document with the requirements of the Available Funds: $40,000. is the document published in the Federal Commission’s Rules of Practice and Estimated Range of Awards: $40,000. Register. Procedure (18 CFR 385.214, 385.211, Estimated Average Size of Award: Program Authority: 29 U.S.C. 796f. 385.1105, and 385.1106). All protests $40,000. filed with the Commission will be Dated: March 19, 1998. Estimated Number of Awards: 1. considered by it in determining the Judith E. Heumann, Note: The Department is not bound by any appropriate action to be taken but will Assistant Secretary for Special Education and estimates in this notice. not serve to make the protestants parties Rehabilitative Services. to the proceeding. Any person wishing Project Period: Up to 36 months. [FR Doc. 98–7576 Filed 3–23–98; 8:45 am] to become a party to a proceeding or to Applicable Regulations: (a) The BILLING CODE 4000±01±P Education Department General participate as a party in any hearing Administrative Regulations (EDGAR) in therein must file a motion to intervene in accordance with the Commission’s 34 CFR Parts 74, 75, 77, 79, 80, 81, 82, DEPARTMENT OF ENERGY 85, and 86; and (b) The regulations for Rules. David P. Boerger, this program in 34 CFR Part 367. Federal Energy Regulatory Priority: The priority in the notice of Commission Acting Secretary. final priority for this program, [FR Doc. 98–7545 Filed 3–23–98; 8:45 am] [Docket No. SA98±55±000] published in the Federal Register on BILLING CODE 6717±01±M December 27, 1994 (59 FR 66616), Lee Banks, D.B.A. Banks Oil Company; applies to this competition. Notice of Petition for Adjustment and For Applications or Information DEPARTMENT OF ENERGY Relief Contact: Raymond Melhoff, U.S. Federal Energy Regulatory Department of Education, 600 March 18, 1998. Commission Independence Avenue, S.W., Room Take notice that on March 9, 1998, 3327 Switzer Building, Washington, Lee Banks, D.B.A. Banks Oil Company [Docket No. SA98±24±000] D.C. 20202–2741. Telephone: (202) 205– (Banks), filed a petition for relief of all 9320. Individuals who use a the refund requests covering his well Cabot Oil & Gas Corporation; Notice of telecommunications device for the deaf included in the Northern Natural Gas Petition for Adjustment (TDD) may call (202) 205–8243. Company, Colorado Interstate Gas March 18, 1998. Individuals with disabilities may Company and Panhandle Eastern Pipe Take notice that on March 9, 1998, obtain this document in an alternate Line Company (Companies) statement of Cabot Oil & Gas Corporation (Cabot) format (e.g., Braille, large print, Refunds Due, with the Exception of the filed a petition for adjustment under audiotape, or computer diskette) on Loewen ‘‘C’’ well (Panhandle). It is section 502(c) of the Natural Gas Policy request to the contact person listed in stated that this request is being based on Act of 1978 (NGPA),1 requesting an the preceding paragraph. hardship privileges as referenced in an extension of the March 9, 1998, Individuals with disabilities may Order Denying Rehearing and an Order deadline established for first sellers to obtain a copy of the application package clarifying Procedure wherein denial of remit refunds of Kansas ad valorem in an alternate format, also, by relief would cause the applicant special taxes (‘‘Tax’’ or ‘‘Taxes’’) to their contacting that person. However, the hardship, inequity, or unfair pipeline purchasers, as required by the Department is not able to reproduce in distribution of burden (NGPA Section Commission’s September 10, 1997 order an alternate format the standard forms 502(c) and 385.1104 of the in Docket Nos. GP97–3–000, GP97–4– included in the application package. Commission’s Regulations). 000, GP97–5–000, and RP97–369–000.2 Electronic Access to This Document Banks states that he has pursued Cabot’s petition is on file with the adjustment with each pipeline company Commission and open to public Anyone may view this document, as and has put in escrow $34,154.12, as the well as all other Department of inspection. disputed amount covering his working The Commission’s September 10 Education documents published in the and royalty interest on the Loewen ‘‘C’’ order on remand from the D.C. Circuit Federal Register, in text or portable well which is the only well remaining Court of Appeals 3 directed first sellers document format (pdf) on the World of all wells which can justify any Wide Web at either of the following payment and would take years to 1 15 U.S.C. 3142(c) (1982). sites: recover. It is also stated that the three 2 See 80 FERC ¶ 61,264 (1997); order denying http://ocfo.ed.gov/fedreg.htm remaining well are marginal wells along reh’g issued January 28, 1998, 82 FERC ¶ 61,058 http://www.ed.gov/news.html with ten well which are either plugged, (1998). 3 Public Service Company of Colorado v. FERC, To use the pdf you must have the or will be plugged, or have been lost to 91 F.3d 1478 (D.C. 1996), cert. denied, Nos. 96–954 Adobe Acrobat Reader Program with the Department of Interior. Banks also and 96–1230 (65 U.S.L.W. 3751 and 3754, May 12, Search, which is available free at either states that he has unsuccessfully 1997). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14077 under the NGPA to make Kansas ad intervene or a protest in accordance Clear Creek proposes to operate the valorem tax refunds, with interest, for with the requirements of the storage field solely for the use of the two the period from 1983 to 1988. The Commission’s Rules of Practice and owners, QTC and MPV. The owners Commission issued a January 28, 1998 Procedure (18 CFR 385.214, 385.211, would use the storage capacity of the order in Docket No. RP98–39–001, et al. 385.1105, and 385.1106). All protests field to buy and market natural gas and (January 28 Order),4 clarifying the filed with the Commission will be manage their individual portfolios of refund procedures, stating that considered by it in determining the natural gas supplies and customer producers could request additional time appropriate action to be taken but will demands. Because Clear Creek does not to establish the uncollectability of not serve to make protestants parties to propose to offer open access service it royalty refunds, and that first seller may the proceeding. Any person wishing to is not requesting a blanket file requests for NGPA section 502(c) become a party to a proceeding or to transportation certificate. Therefor, to adjustment relief from the refund participate as a party in any hearing the extent necessary, Clear Creek requirement and the timing and therein must file a motion to intervene requests a waiver of any applicable open procedures for implementing the in accordance with the Commission’s access requirement. refunds, based on the individual Rules. Any person desiring to be heard or circumstances applicable to each first David P. Boergers, making any protest with reference to seller. Acting Secretary. said application should on or before Cabot (as well as a predecessor-in- [FR Doc. 98–7539 Filed 3–23–98; 8:45 am] April 8, 1998, file with the Federal interest) has received Statements of Energy Regulatory Commission, 888 BILLING CODE 6717±01±M Refunds Due (‘‘Statements’’) from two of First Street, N.E., Washington, D.C. its then pipeline purchasers for Tax 20426, a motion to intervene or a protest reimbursements received in conjunction DEPARTMENT OF ENERGY in accordance with the requirements of with sales of Kansas natural gas for the the Commission’s Rules of Practice and period October 3, 1983 through June 28, Federal Energy Regulatory Procedure (18 CFR 385.214 or 385.211) 1988. Cabot is in the process of Commission and the Regulations under the NGA (18 reviewing such Statements to determine CFR 157.10). All protests filed with the [Docket No. CP98±256±000] their accuracy, as well as to address Commission will be considered by it in various other issues concerning whether Clear Creek Storage Company, L.L.C.; determining the appropriate action to be Cabot, in fact, owes all or only a portion Notice of application taken but will not serve to make the of such Tax refunds. Cabot’s review protestants parties to the proceeding. includes whether such refund amounts March 18, 1998. The Commission’s rules require that are ‘‘uncollectible’’ pursuant to the Take notice that on March 2, 1998, protestors provide copies of their standard set forth by the Commission. Clear Creek Storage Company, L.L.C. protests to the party or person to whom To date, Cabot has not completed its (Clear Creek), 180 East 100 South, P.O. the protests are directed. Any person review of the Statements. Box 45601, Salt Lake City, Utah 84145- wishing to become a party to a Cabot also is aware that numerous 0601, filed in Docket No. CP98–256– proceeding or to participate as a party issues are either pending rehearing 000, an application pursuant to Section in any hearing therein must file a before the Commission, or for which 7(c) of the Natural Gas Act (NGA) and motion to intervene in accordance with appellate review has been sought. Cabot Part 157 of the Commission’s the Commission’s Rules. believes that these issues could, Regulations, for a certificate of public A person obtaining intervenor status depending on their ultimate disposition, convenience and necessity authorizing will be placed on the service list directly impact, and possibly Clear Creek to construct and operate maintained by the Secretary of the significantly decrease, Cabot’s Tax facilities necessary to convert a depleted Commission and will receive copies of refund obligation. gas production reservoir in Uinta all documents issued by the Accordingly,to ensure that Cabot does County, Utah into a storage facility, all Commission, filed by the applicant, or not pay the Statements before their as more fully set forth in application filed by all other intervenors. An accuracy is verified and prior to these which is on file with the Commission intervenor can file for rehearing of any issues that are pending rehearing or and open to public inspection. Commission order and can petition for appeal are finally resolved, Cabot is Clear Creek states that it is a limited court review of any such order. placing in escrow all invoiced amounts, liability corporation owned by two gas However, an intervenor must serve together with interest, set forth in the marketers, Questar Trading Company copies of comments or any other filing Statements. Cabot also is requesting that (QTC) and Montana Power Ventures Inc. it makes with the Commission to every the Commission grant Cabot an (MPV) which own 75% and 25% of other intervenor in the proceeding, as extension beyond March 9, 1998, to Clear Creek, respectively. well as filing an original and 14 copies determine the accuracy of the Clear Creek anticipates that the with the Commission. Statements and what, if any, involved planned storage field will have A person does not have to intervene, amounts are, in fact, uncollectible or approximately 4 bcf of working gas, 2 to however, in order to have comments otherwise improperly or unlawfully 4 bcf of cushion gas, and projects considered. A person, instead, may invoiced. injection and withdrawal rates of 35 submit two copies of such comments to Any person desiring to be heard or to Mmcf per day and 50 Mmcf per day, the Secretary of the Commission. make any protest with reference to said respectively. To convert the production Commenters will be placed on the petition should on or before 15 days field, Clear Creek proposes to install two Commission’s environmental mailing after the date of publication in the 2,100 hp compressors, a liquid removal list, will receive copies of Federal Register of this notice, file with plant, and certain natural gas liquid and environmental documents, and will be the Federal Energy Regulatory water tanks. Clear Creek also proposes able to participate in meetings Commission, 888 First Street, N.E., to reinsulate and install heat tracing on associated with the Commission’s Washington, D.C. 20426, a motion to an existing pipeline that connects the environmental review process. planned injection/withdrawal well to Commenters will not be required to 4 82 FERC ¶ 61,059 (1998). the compressors. serve copies of filed documents on all 14078 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices other parties. However, commenters interests who Devon cannot identify or DEPARTMENT OF ENERGY will not receive copies of all documents locate or from whom Devon cannot filed by other parties or issued by the recoup such amounts. Devon’s petition Federal Energy Regulatory Commission, and will not have the right is on file with the Commission and open Commission to seek rehearing or appeal the to public inspection. [Docket No. TM98±2±24±000 and RP98±161± Commission’s final order to a Federal The Commission’s September 10 000] court. The Commission will consider all order on remand from the D.C. Circuit Equitrans, L.P.; Notice of Proposed 3 comments and concerns equally, Court of Appeals directed first sellers Changes in FERC Gas Tariff whether filed by commenters or those under the NGPA to make Kansas ad requesting intervenor status. valorem tax refunds, with interest, for March 18, 1998. Take further notice that, pursuant to the period from 1983 to 1988. The Take notice that on March 13, 1998, the authority contained in and subject to Commission’s September 10 order also Equitrans, L.P. (Equitrans) tendered for the jurisdiction conferred upon the provided that first sellers could, with filing as part of its FERC Gas Tariff, First Commission by Sections 7 and 15 of the the Commission’s prior approval, Revised Volume No. 1, the following NGA and the Commission’s Rules of amortize their Kansas ad valorem tax revised tariff sheets, with an effective Practice and Procedure, a hearing will refunds over a 5-year period, although date of April 1, 1998: be held without further notice before the interest could continue to accrue on any Eleventh Revised Sheet No. 6 Commission or its designee on this outstanding balance. Fourth Revised Sheet No. 264 Third Revised Sheet No. 265 application if no motion to intervene is Devon states that it would be filed within the time required herein, if Third Revised Sheet No. 266 inequitable and cause an unfair Fourth Revised Sheet No. 267 the Commission on its own review of distribution of burdens for it to be held the matter finds that a grant of the Equitrans states that it is proposing to liable for amounts collected on behalf certificate is required by the public make a change in the method of convenience and necessity. If a motion of, and distributed to, other parties. charging shippers for gas processing for leave to intervene is timely filed, or Devon proposes to file by September 1, service. Equitrans states that the filing if the Commission on its own motion 1998, a report with the Commission constitutes Equitrans’ annual products believes that a formal hearing is detailing its efforts to recover Kansas ad extraction rate adjustment filing under required, further notice of such hearing valorem tax amounts paid to third- Section 32 of the General Terms and will be duly given. parties which Devon has been unable to Conditions of its FERC Gas Tariff. Under the procedure herein provided recoup. Equitrans states that is contracts for gas processing services from Gulf for, unless otherwise advised, it will be Any person desiring to be heard or to Energy Gathering and Processing unnecessary for Clear Creek to appear or make any protest with reference to said be represented at the hearing. Company (Gulf Energy), and that Gulf petition should on or before 15 days Energy has made a contractual election, David P. Boergers, after the date of publication in the beginning in January, 1998, to ‘‘keep Acting Secretary. Federal Register of this notice, file with whole’’ Equitrans for the processing [FR Doc. 98–7529 Filed 3–23–98; 8:45 am] the Federal Energy Regulatory services it provides under the contracts. BILLING CODE 6717±01±M Commission, 888 First Street, N.E., Based on this contractual change, Washington, D.C. 20426, a motion to Equitrans proposes to eliminate its intervene or a protest in accordance currently effective $0.2004/Dth products DEPARTMENT OF ENERGY with the requirements of the extraction charge. No extraction charge Federal Energy Regulatory Commission’s Rules of Practice and will be recovered from shippers Commission Procedure (18 CFR 385.214, 385.211, prospectively. In addition, Equitrans 385.1105, and 385.1106). All protests will provide a monetary credit to these [Docket No. SA98±32±000] filed with the Commission will be shippers for the shrinkage of their gas considered by it in determining the which occurs due to processing Devon Energy Corporation; Notice of appropriate action to be taken but will operations as these credits are received Petition for Adjustment not serve to make the protestants parties monthly from Gulf Energy. March 18, 1998. to the proceeding. Any person wishing Equitrans states that the credits will Take notice that on March 9, 1998, to become a party to a proceeding or to be calculated on a unit basis using the Devon Energy Corporation (Devon) filed participate as a party in any hearing same tariff mechanism in Section 32 of a petition for adjustment under section therein must file a motion to intervene the General Terms and Conditions which was previously used for the 502(c) of the Natural Gas Policy Act of in accordance with the Commission’s crediting of liquid revenues. The 1978 (NGPA), 1 requesting to be relieved Rules. proposed method of charging Equitrans’ of its obligation to pay Kansas ad David P. Boergers, valorem tax refunds, as required by the West Virginia shippers for gas Acting Secretary. Commission’s September 10, 1997 order processing services will result in a in Docket Nos. GP97–3–000, GP97–4– [FR Doc. 98–7541 Filed 3–23–98; 8:45 am] significant reduction in processing costs 000, GP97–5–000, and RP97–369–000 2 BILLING CODE 6717±01±M to these shippers. Equitrans requests to Panhandle Eastern Pipe Line any waivers which are necessary to Company solely with respect to make the proposed tariff sheets effective amounts which are attributable to the beginning April 1, 1998. Equitrans states that copies of this rate holders of working interests and royalty filing were served on Equitrans’

3 jurisdictions customers and interested 1 15 U.S.C. 3142(c) (1982). Public Service Company of Colorado v. FERC, 2 See 80 FERC ¶ 61,264 (1997); order denying 91 F.3d 1478 (D.C. 1996), cert. denied, Nos. 96–954 state commissions. reh’g issued January 28, 1998, 82 FERC ¶ 61,058 and 96–1230 (65 U.S.L.W. 3751 and 3754, May 12, Any person desiring to be heard or to (1998). 1997) (Public Service). protest this filing should file a motion Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14079 to intervene or a protest with the petition should on or before 15 days refunds over a 5-year period, although Federal Energy Regulatory Commission, after the date of publication in the interest would continue to accrue on 888 First Street, N.E., Washington, D.C. Federal Register of this notice, file with any outstanding balance. 20426, in accordance with Sections the Federal Energy Regulatory Kaiser-Francis requests that the 385.214 and 385.211 of the Commission, 888 First Street, N.E., Commission: (1) grant an adjustment to Commission’s Rules and Regulations. Washington, D.C. 20426, a motion to its procedures to allow Kaiser-Francis to All such motions or protests must be intervene or a protest in accordance defer payment of principal and interest filed as provided in Section 154.210 of with the requirements of the attributable to royalties for one year the Commission’s Regulations. Protests Commission’s Rules of Practice and until March 9, 1999; and (2) grant an will be considered by the Commission Procedure (18 CFR 385.214, 385.211, adjustment to the Commission’s in determining the appropriate action to 385.1105, and 385.1106). All protests procedures to allow Kaiser-Francis to be taken, but will not serve to make filed with the Commission will be place into an escrow account in a protestants parties to the proceedings. considered by it in determining the federally-insured financial institution: Any person wishing to become a party appropriate action to be taken but will (i) amounts attributable to royalty must file a motion to intervene. Copies not serve to make the protestants parties refunds which have not been collected of this filing are on file with the to the proceeding. Any person wishing from the royalty owner (principal and Commission and are available for public to become a party to a proceeding or to interest), (ii) principal and interest on inspection in the Public Reference participate as a party in any hearing amounts attributable to production prior Room. therein must file a motion to intervene to October 4, 1983; (iii) interest on David P. Boergers, in accordance with the Commission’s royalty amounts which have been Acting Secretary. Rules. recovered from the royalty owners (the [FR Doc. 98–7546 Filed 3–23–98; 8:45 am] David P. Boergers, principal of which was refunded); and (iv) interest on the total amount of BILLING CODE 6717±01±M Acting Secretary. [FR Doc. 98–7544 Filed 3–23–98; 8:45 am] refunds allegedly due (excluding royalties, disputed amounts, and pre- BILLING CODE 6717±01±M DEPARTMENT OF ENERGY October 4th production). Any person desiring to be heard or to Federal Energy Regulatory DEPARTMENT OF ENERGY make any protest with reference to said Commission petition should on or before 15 days Federal Energy Regulatory after the date of publication in the [Docket No. SA87±43±000] Commission Federal Register of this notice, file with the Federal Energy Regulatory Leo Helzel; Notice of Petition for [Docket No. SA98±31±000] Adjustment Commission, 888 First Street, N.E., Kaiser-Francis Oil Company; Notice of Washington, D.C. 20426, a motion to March 18, 1998. Petition for Adjustment intervene or a protest in accordance Take notice that on March 9, 1998, with the requirements of the Leo Helzel (First Seller), filed a petition March 18, 1998. Commission’s Rules of Practice and for adjustment under section 502(c) of Take notice that on March 9, 1998, Procedure (18 CFR 385.214, 385.211, the Natural Gas Policy act of 1978 Kaiser-Francis Oil Company (Kaiser- 385.1105, and 385.1106). All protests (NGPA), requesting 1) an extension of Francis) filed a petition for adjustment filed with the Commission will be 90 days to allow First Seller and under section 502(c) of the Natural Gas considered by it in determining the Williams Natural Gas Company Policy Act of 1978 (NGPA),1 requesting appropriate action to be taken but will (Pipeline) to resolve any dispute as to adjustment relief from refund not serve to make protestants parties to the proper amount of the refund liability procedures, as required by the the proceeding. Any person wishing to of first Seller for the Kansas ad valroem Commission’s September 10, 1997 order become a party to a proceeding or to tax reimbursements set forth in the in Docket Nos. GP97–3–000, GP97–4– participate as a party in any hearing Statement of Refunds Due (SRD) 000, GP97–5–000, and RP97–369–000.2 therein must file a motion to intervene addressed to Benson Mineral Group, concerning Northern Natural Gas in accordance with the Commission’s Inc. (BMG), the operator, or to submit Company. Kaiser-Francis’ petition is on Rules. such dispute to FERC for resolution if file with the Commission and open to David P. Boergers, the parties cannot resolve it within such public inspection. Acting Secretary. time, and 2) in order to stop the accrual The Commission’s September 10 [FR Doc. 98–7540 Filed 3–23–98; 8:45 am] of interest pending resolution of order on remand from the D.C. Circuit BILLING CODE 6717±01±M disputes and legal issues, grant an Court of Appeals 3 directed first sellers adjustment to its procedures to allow under the NGPA to make Kansas ad First Seller to place into escrow not only valorem tax refunds, with interest, for DEPARTMENT OF ENERGY any disputed amount of the refund the period from 1983 to 1988. The amount calculated by Pipeline but also Commission’s September 10 order also Federal Energy Regulatory principal and interest on amounts provided that first sellers could, with Commission attributable to production prior to the Commission’s prior approval, [Docket No. SA98±38±000] October 4, 1983, and interest on all amortize their Kansas ad valorem tax other amounts claimed to be due under John W. LeBosquet; Notice of Petition the SRD. 1 15 U.S.C. 3142(c) (1982). for Adjustment The procedures applicable to the 2 See 80 FERC ¶ 61,264 (1997); order denying conduct of this adjustment proceeding reh’g issued January 28, 1998, 82 FERC ¶ 61,058 March 18, 1998. are in subpart K of the Commission’s (1998). Take notice that on March 9, 1998, 3 Public Service Company of Colorado v. FERC, Rules of Practice and Procedure. 91 F.3d 1478 (D.C. 1996), cert. denied, Nos. 96–954 John W. LeBosquet (LeBosquet), and Any person desiring to be heard or to and 96–1230 (65 U.S.L.W. 3751 and 3754, May 12, other working interest owners for whom make any protest with reference to said 1997). (Public Service). LeBosquet operated, (Dorchester) filed a 14080 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices petition for adjustment under section all other principal amounts claimed to 369–000,2 to Northern Natural Gas 502(c) of the Natural Gas Policy Act of be due under the SRD. Company (Northern), into an escrow 1 1978 (NGPA), requesting that the On or before March 9, 1999, account. Midgard’s petition is on file refund procedures in the Commission’s LeBosquet proposes to file with the Commission and open to September 10, 1997 order in Docket documentation with the Commission, of public inspection. Nos. RP97–369–000, GP97–3–000, these royalties which were not The Commission’s September 10 2 GP97–4–000, and GP7–5–000, be collectible and disburse out of escrow order on remand from the D.C. Circuit Court of Appeals 3 directed first sellers altered with respect to LeBosquet’s funds those royalty refunds which were under the NGPA to make Kansas ad Kansas ad valorem tax refund liability. recovered. The Commission’s September 10 valorem tax refunds, with interest, for Any person desiring to be heard or to the period from 1983 to 1988. The order on remand from the D.C. Circuit make any protest with reference to said Court of Appeals 3 directed first sellers Commission’s September 10 order also petition should on or before 15 days provided that first sellers could, with under the NGPA to make Kansas ad after the date of publication in the valorem tax refunds, with interest, for the Commission’s prior approval, Federal Register of this notice, file with amortize their Kansas ad valorem tax the period from 1983 to 1988. The the Federal Energy Regulatory Commission issued a January 28, 1998 refunds over a 5-year period, although Commission, 888 First Street, N.E., interest would continue to accrue on order in Docket No. RP98–39–001, et al. Washington, D.C. 20426, a motion to (January 28 Order),4 clarifying the any outstanding balance. intervene or a protest in accordance Specifically, Midgard requests refund procedures, stating that with the requirements of the authorization to place interests on its producers could request additional time Commission’s Rules of Practice and refunds, with respect to production to establish the uncollectability of Procedure (18 CFR 385.214, 385.211, from four wells (Pfeifer Nos. 2, 4 and 5, royalty refunds, and that first seller may 385.1105, and 385.1106). All protests and Randall No. 3), to Northern into an file requests for NGPA section 502(c) filed with the Commission will be escrow account. In its Petition, Midgard adjustment relief from the refund considered by it in determining the avers that Northern, in its filed requirement and the timing and appropriate action to be taken but will Statement of Refunds Due (Statement), procedures for implementing the not serve to make the protestants parties included amounts attributable to other refunds, based on the individual to the proceeding. Any person wishing working interest owners in the same circumstances applicable to each first to become a party to a proceeding or to properties and royalty amounts. seller. participate as a party in any hearing Midgard states that it notified Northern LeBosquet request that the therein must file a motion to intervene that there were discrepancies in the Commission pursuant to the in accordance with the Commission’s Statement of Refunds Due and requested Commission’s January 28 Order, (1) Rules. that Northern file a corrected Statement. grant an extension of 90 days to make David P. Boergers, Midgard further states that Northern refunds to allow first sellers and declined to correct its Statement, Acting Secretary. Northern to resolve any dispute as to the although not specifically disputing any proper amount of the refund liability of [FR Doc. 98–7543 Filed 3–23–98; 8:45 am] of Midgard’s arguments. first sellers for the Kansas ad valorem BILLING CODE 6717±01±M Thus, argues Midgard, it seeks to tax reimbursements set forth in the State establish this procedure to ensure: (a) of Refunds Due (SRD) addressed to the that it pays only that which is John R. LeBosquet Trust, or to submit DEPARTMENT OF ENERGY legitimately owed; and (b) that if it is such dispute to the Commission for subsequently determined that it has no Federal Energy Regulatory resolution if the parties cannot resolve refund liability for interest, it can Commission it within such time; (2) to grant an recover the overpayment. adjustment to its procedures to allow to Any person desiring to be heard or to defer payment to Northern Natural Gas [Docket No. SA98±16±000] make any protest with reference to said Company of principal and interest petition should on or before 15 days refunds attributable to unrecovered Midgard Energy Company; Notice of after the date of publication in the royalties for one year until March 9, Petition for Adjustment Federal Register of this notice, file with 1999, and (3) to grant an adjustment to March 18, 1998. the Federal Energy Regulatory its procedures to allow first sellers to Commission, 888 First Street, N.E., place into an escrow account during the Take notice that on March 6, 1998, Washington, D.C. 20425, a motion to requested 1-year deferral period, not Midgard Energy Company ((Midgard), intervene or a protest in accordance only the disputed amount of the refund formerly known as Oleum, Inc., with the requirements of the but also (i) an amount equal to the Diamond Shamrock Exploration Commission’s Rules of Practice and principal and interest on royalty refunds Company and Maxus Exploration Procedure (18 CFR 385.214, 385.211, which have been collected from royalty Company), filed a petition for 385.1105, and 385.1106). All protests owners and (ii) principal and interest on adjustment relief from refund filed with the Commission will be amounts attributable to production prior procedures under section 502(c) of the considered by it in determining the to October 4, 1983, and (iii) interest on Natural Gas Policy Act of 1978 (NGPA),1 appropriate action to be taken but will seeking authorization from the not serve to make the protestants parties 1 15 U.S.C. 3142(c) (1982). Commission to place interest on its to the proceeding. Any person wishing 2 See 80 FERC ¶ 61,264 (1997); order denying refunds for reimbursement of Kansas ad reh’g issued January 28, 1998, 82 FERC ¶ 61,058 valorem taxes, as otherwise required by 2 See 80 FERC ¶ 61,264 (1997); under denying (1998). the Commission’s September 10, 1997 reh’g issued January 28, 1998, 82 FERC ¶ 61,058 3 Public Service Company of Colorado v. FERC, order in Docket Nos. GP97–3–000, (1998). 91 F.3d 1478 (D.C. 1996), cert. denied, Nos. 96–954 GP97–4–000, GP97–5–000, and RP97– 3 Public Service Company of Colorado v. FERC, and 96–1230 (65 U.S.L.W. 3751 and 3754, May 12, 91 F.3d 1478 (D.C. 1996), cert. denied, Nos. 96–954 1997). and 96–1230 (65 U.S.L.W. 3751 and 3754, May 12, 4 82 FERC ¶ 61,059 (1998). 1 15 U.S.C. 3142(C)(1982). 1997) (Public Service). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14081 to become a party to a proceeding or to protestants parties to the proceedings. DEPARTMENT OF ENERGY participate as a party in any hearing Copies of this filing are on file with the therein must file a motion to intervene Commission and are available for public Federal Energy Regulatory in accordance with the Commission’s inspection in the Public Reference Commission Rules. Room. [Docket No. RP98±121±001] David P. Boergers, David P. Boergers, Acting Secretary. Acting Secretary. Panhandle Eastern Pipe Line [FR Doc. 98–7536 Filed 3–23–98; 8:45 am] [FR Doc. 98–7533 Filed 3–23–98; 8:45 am] Company; Notice of Compliance Filing BILLING CODE 6717±01±M BILLING CODE 6717±01±M March 18, 1998. Take notice that on March 13, 1998, DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Panhandle Eastern Pipe Line Company (Panhandle) tendered for filing as part of Federal Energy Regulatory its FERC Gas Tariff, First Revised Commission Federal Energy Regulatory Commission Volume No. 1, the following tariff sheets [Docket Nos. RP98±8±005 and RP96±199± proposed to be effective March 1, 1998: 014] [Docket No. RP97±392±002] Sub Second Revised Sheet No. 102 Original Sheet No. 102A Mississippi River Transmission National Fuel Gas Supply Corporation; Sub First Revised Sheet No. 103 Corporation; Notice of Proposed Sub First Revised Sheet No. 104 Changes in FERC Gas Tariff Notice of Proposed changes in FERC Gas Tariff Panhandle states that the purpose of March 18, 1998. this filing is to comply with the Take notice that on March 13, 1998, March 18, 1998. Commission’s order issued February 26, Mississippi River Transmission Take notice that on March 13, 1997 1998 in Docket No. RP98–121–000, 82 Corporation (MRT) tendered for filing as National Fuel Gas Supply Corporation FERC ¶ 61,188 (1998). part of its FERC Gas Tariff, Third (National) tendered for filing as part of Panhandle states that copies of this Revised Volume No. 1, the following its FERC Gas Tariff, Fourth Revised filing are being served on all affected revised tariff sheets to be effective Volume No. 1, Second Revised Sheet customers, applicable state regulatory January 1, 1998: No. 10, to proposed to become effective agencies and all parties to this Third Substitute Twenty-Seventh Revised March 31, 1998. proceeding. Sheet No. 5 Any person desiring to protest this Third Substitute Twenty-Eighth Revised On August 11, 1997, National filed in filing should file a protest with the Sheet No. 5 compliance with a July 10, 1997 Order, Federal Energy Regulatory Commission, Third Substitute Twenty-Seventh Revised a tariff sheet proposing a revised title 888 First Street, N.E., Washington, D.C. Sheet No. 6 transfer fee applicable to in-place 20426, in accordance with Section Third Substitute Twenty-Eighth Revised storage title transfers. National states 385.211 of the Commission’s Rules and Sheet No. 6 that this filing is made in compliance Third Substitute Twenty-Fourth Revised Regulations. All such protests must be Sheet No. 7 with the Commission’s order of filed as provided in Section 154.210 of Second Substitute Twenty-Fifth Revised February 27, 1998 rejecting National’s the Commission’s Regulations. Protests Sheet No. 7 suspended August 11, 1997 compliance will be considered by the Commission An addition, MRT tendered for filing filing. The proposed tariff sheet reflects in determining the appropriate action to the following revised tariff sheets to be the Commission recommended in-place be taken, but will not serve to make effective February 12, 1998: storage title transfer rate of $3.86 per protestants parties to the proceedings. party per transaction ($7.72 total). Copies of this filing are on file with the Second Substitute Twenty-Ninth Revised Commission and are available for public Sheet No. 5 Any person desiring to protest this inspection in the Public Reference Second Substitute Twenty-Ninth Revised filing should file a protest with the Room. Sheet No. 6 Federal Energy Regulatory Commission, David P. Boergers, Second Substitute Twenty-Sixth Revised 888 First Street, N.E., Washington, D.C. Sheet No. 7 Acting Secretary. 20426, in accordance with Section MRT states that the purpose of this 385.211 of the Commission’s Rules and [FR Doc. 98–7534 Filed 3–23–98; 8:45 am] filing is to amend its March 2, 1998 Regulations. All such protests must be BILLING CODE 6717±01±M filing to correct surcharge column filed as provided in Section 154.210 of headings and to identify the GRI the Commission’s Regulations. Protests DEPARTMENT OF ENERGY surcharge for the authorized overrun will be considered by the Commission rate on the SCT and IT rate schedules. in determining the appropriate action to Federal Energy Regulatory Any person desiring to protest this be taken, but will not serve to make Commission filing should file a protest with the Federal Energy Regulatory Commission, protestants parties to the proceedings. [Docket No. SA98±33±000] 888 First Street, N.E., Washington, D.C. Copies of this filing are on file with the 20426, in accordance with Section Commission and are available for public inspection in the Public Reference Pioneer Natural Resources USA, Inc.; 385.211 of the Commission’s Rules and Notice of Petition for Adjustment Regulations. All such protests must be Room. filed as provided in Section 154.210 of David P. Boergers, March 18, 1998. the Commission’s Regulations. Protests Acting Secretary. Take notice that on March 9, 1998, will be considered by the Commission [FR Doc. 98–7532 Filed 3–23–98; 8:45 am] Pioneer Natural Resources USA, Inc. in determining the appropriate action to BILLING CODE 6717±01±M (Pioneer) filed a petition for adjustment be taken, but will not serve to make under section 502(c) of the Natural Gas 14082 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Policy Act of 1978 (NGPA),1 requesting with the Commission documentation of DEPARTMENT OF ENERGY that the Commission grant a procedural those royalties which were not adjustment in connection with its collectible and disburse to Pipelines Federal Energy Regulatory potential refund liability for those royalty refunds which were Commission reimbursement of Kansas ad valorem recovered (principal only), except for [Docket No. SA98±18±000] taxes otherwise required by the refunds attributable to pre-October 3, Commission’s September 10, 1997 order 1983, production (which is covered Riviera Drilling & Exploration in Docket Nos. GP97–3–000, GP97–4– below). At that time, Pioneer proposes Company; Notice of Petition for 2 000, GP97–5–000, and RP97–369–000. to place the interest from royalty Adjustment Pioneer’s petition is on file with the refunds which was recovered in its Commission and open to public March 18, 1998. escrow account to protect the royalty inspection. Take notice that on March 6, 1998, The Commission’s September 10 owners. In addition, Pioneer argues that Riviera Drilling & Exploration Company order on remand from the D.C. Circuit its proposal for an escrow account is (Riviera) filed a petition for adjustment Court of Appeals 3 directed first sellers necessary to protect its property and under section 502(c) of the Natural Gas under the NGPA to make Kansas ad that of its royalty owners. Pioneer also Policy Act of 1978 (NGPA),1 requesting valorem tax refunds, with interests, for proposes to place the following amounts to be relieved of its obligation to pay the period from 1983 to 1988. The into that escrow account: (a) the Kansas ad valorem tax refunds, as Commission clarified the refund principal amount of refunds and interest required by the Commission’s procedures in its ‘‘Order Clarifying thereon attributable to royalty refunds September 10, 1997, order in Docket Procedures’’ in Northern Natural Gas [during the one-year deferral period]; (b) Nos. GP97–3–000, GP97–4–000, GP97– Company, et al.,4 stating therein that it the principal and interest amount of 5–000 and RP97–369–000.2 Riviera’s would grant extension of the refund due refunds attributable to production prior petition is on file with the Commission date for royalty refunds if a producer to October 3, 1983 (excluding royalties and open to public inspection. requests such an extension. In addition, attributable thereto during the one-year The Commission’s September 10 the Commission indicated in the deferral period); and (c) the interest due order on remand from the D.C. Circuit Court of Appeals 3 directed first sellers January 28 order that it would consider on principal refunds other than royalty under the NGPA to make Kansas ad adjustment requests as to the refund refunds (during the one-year deferral valorem tax refunds, with interest, for amounts and the refund procedures. period) and pre-October 3, 1983, Pioneer requests authorization to the period from 1983 to 1988. The production refunds. Pioneer requests defer payment to Northern Natural Gas Commission’s September 10 order also the one-year deferral and the Company, Panhandle Eastern Pipe Line provided that first sellers could, with Company, ANR Pipeline Company, authorization to place such monies into the Commission’s prior approval, Williams Natural Gas Company, KN an escrow account pursuant to the amortize their Kansas ad valorem tax Interstate Gas Transmission Co., and Commission’s January 28, 1998, Order refunds over a 5-year period, although Colorado Interstate Gas Company Clarifying Procedures. interests would continue to accrue on (Pipelines) of principal and interest Any person desiring to be heard or to any outstanding balance. refunds attributable to royalties for one make any protest with reference to said Riviera states that in the early 1980’s, year until March 9, 1999. In addition, petition should on or before 15 days its became and continues to be the # Pioneer requests that it be allowed to after the date of publication in the operator of the Pope Haxelton 1–21 # place into an escrow account certain Federal Register of this notice, file with and Pope Adamson 1–16 wells, located portions of the remaining refunds the Federal Energy Regulatory in the State of Kansas. Riviera states that allegedly due to Pipelines. Pioneer Commission, 888 First Street, N.E., these wells were determined to be Section 103 natural gas category wells argues that it seeks to establish these Washington, D.C. 20426, a motion to in late 1982. Riviera further states that procedures to ensure: (a) that it pays intervene or a protest in accordance only that which is legitimately owed; in 1983, the working interest on these with the requirements of the two wells was owned by R.H. Zwicky and (b) that if it is subsequently Commission’s Rules of Practice and determined that its refund liability was (90%), R&P Investment (5%) and Lavon Procedure (18 CFR 385.214, 385.211, less than that originally claimed by Arbogast (5%). In 1984, the working 385.1105, and 385.1106). All protests Pipelines, it can recover the interest was owned by R.H. Zwicky filed with the Commission will be overpayment. (67.50%), tomar, Inc. (22.50%), R&P Pioneer states that a one-year deferral considered by it in determining the Investment (5%) and Lavon Arbogast in the obligation to make royalty appropriate action to be taken but will (5%). Riviera maintains that it merely refunds is necessary in order to allow it not serve to make the protestants parties remained the operator of the two wells to confirm the appropriate refund to the proceeding. Any person wishing and, as operator, acted as agent for all amounts due, to attempt to locate the to become a party to a proceeding or to of the working interest and royalty prior royalty owners, and to seek participate as a party in any hearing interest owners. Riviera states that as recovery of such amounts from the therein must file a motion to intervene operator, Riviera received ad valorem proper royalty owners. On or before in accordance with the Commission’s checks from Northern Natural Gas March 9, 1999, Pioneer proposes to file Rules. Company (Northern) on behalf of the David P. Boergers, working interest and royalty interest 1 15 U.S.C. 3142(C)(1982). Acting Secretary. 2 See 80 FERC ¶ 61,264 (1997); order denying 1 15 U.S.C. 3142(c) (1982). reh’g issued January 28, 1998, 82 FERC ¶ 61,058 [FR Doc. 98–7542 Filed 3–23–98; 8:45 am] 2 See 80 FERC ¶ 61,264 (1997); order denying (1998). BILLING CODE 6717±01±M reh’g issued January 28, 1998, 82 FERC ¶ 61,058 3Public Service Company of Colorado v. FERC, 91 (1998). F.3d 1478 (D.C. 1996), cert. denied, Nos. 96–954 3 Public Service Company of Colorado v. FERC, and 96–1230 (65 U.S.L.W. 3751 and 3754, May 12, 91 F.3d 1478 (D.C. 1996), cert. denied, Nos. 96–954 1997) (Public Service). and 96–1230 (65 U.S.L.W. 3751 and 3754, May 12, 4 82 FERC ¶ 61,059 (1998). 1997) (Public Service). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14083 owners and distributed such amounts to DEPARTMENT OF ENERGY Section 102 well under the NGPA, the working interest owners by crediting which was deregulated as of January 1, each owner’s respective share against Federal Energy Regulatory 1985. Schwarzhoff further states that it then existing expenses. Commission disputes the obligation to refund the tax reimbursements paid by WNG and Riviera states that subsequent to the [Docket No. SA98±19±000] received by BMG in 1985 and 1986 September 10 order, Northern contacted Dale Schwarzhoff; Notice of Petition attributable to the Barngrover #1–#3 Riviera seeking refund of $183,276.83, for Adjustment well that had been deregulated by that the entire amount of funds reimbursed time and for which there was no to Riviera on behalf of the working March 18, 1998. maximum lawful price. In order to stop interest and royalty interest owners. Take notice that on March 9, 1998, the continued accrual of interest; However, this amount was later Dale Schwarzhoff (Schwarzhoff) filed a however, pending resolution of disputes adjusted to $91,931.92 to reflect the petition for adjustment under section and legal issues, Schwarzhoff states that Section 103 well determination. 502(c) of the Natural Gas Policy Act of it will place in escrow the amount of 1 Riviera asserts that while it may have 1978 (NGPA), requesting a 90-day $503.65, representing what Schwarzhoff extension to allow Schwarzhoff and received refund checks from Northern believes in good faith, after an Williams Natural Gas Company (WNG) on behalf of the non-operators, these exhaustive review of the prices to resolve any dispute as to the proper received, to be the greatest potential refunds were disbursed 100% to the amount of the refund liability of working interest and royalty interest liability attributable to the working Schwarzhoff for the Kansas ad valorem interest of Schwarzhoff claimed under owners. Riviera maintains that no such tax refunds,as required by the the SRD. Alternatively, if retaining these refunds were retained by Riviera. Commission’s September 10, 1997, funds in escrow is not permitted, In view of the above, Riviera requests order in Docket Nos. GP97–3–000, Schwarzhoff requests that WNG be to be relieved of its obligation to make GP97–4–000, GP97–5–000 and RP97– required to repay to Schwarzhoff, with the Kansas ad valorem tax refunds to 369–000,2 and set forth in the Statement interest, any of the amounts paid to Northern because Riviera is not a first of Refunds Due (SRD) addressed to WNG from escrow which subsequently seller of natural gas and therefore not Benson Mineral Group, Inc. (BMG), the are determined not to have been a part responsible for the refund obligation. In operator, or to submit such dispute to of Schwarzhoff’s refund obligation. the alternative, if the Commission does FERC for resolution if the parties cannot Any person desiring to be heard or to not grant the relief requested, Riviera resolve it within such time, and (2) in make any protest with reference to said requests that it be authorized to present order to stop the accrual of interest petition should on or before 15 days a full hardship argument, and as a pending resolution of disputes and legal after the date of publication in the second alternative, Riviera requests that issues, grant an adjustment to its Federal Register of this notice, file with procedures to allow Schwarzhoff to the Federal Energy Regulatory it be authorized to present an place into an escrow account not only Commission, 888 First Street, N.E., installment period argument. any disputed amount of the refund Washington, D.C. 20426, a motion to Any person desiring to be heard or to amount, but also principal and interest intervene or a protest in accordance make any protest with reference to said on amounts attributable to production with the requirements of the petition should on or before 15 days prior to October 4, 1983, and interest on Commission’s Rules of Practice and after the date of publication in the all other amounts claimed to be due Procedure (18 CFR 385.214, 385.211, Federal Register of this notice, file with under the SRD. Schwarzhoff’s petition 385.1105, and 385.1106). All protests the Federal Energy Regulatory is on file with the Commission and open filed with the Commission will be Commission, 888 First Street, N.E., to public inspection. considered by it in determining the Washington, D.C. 20426, a motion to The Commission’s September 10 appropriate action to be taken but will intervene or a protest in accordance order on remand from the D.C. Circuit not serve to make the protestants parties with the requirements of the Court of Appeals 3 directed first sellers to the proceeding. Any person wishing Commission’s Rules of Practice and under the NGPA to make Kansas ad to become a party to a proceeding or to Procedure (18 CFR 385.214, 385.211, valorem tax refunds, with interest, for participate as a party in any hearing therein must file a motion to intervene 385.1105, and 385.1106). All protests the period from 1983 to 1988. The in accordance with the Commission’s filed with the Commission will be Commission’s September 10 order also provided that first sellers could, with Rules. considered by it in determining the the Commission’s prior approval, David P. Boergers, appropriate action to be taken but will amortize their Kansas ad valorem tax Acting Secretary. not serve to make the protestants parties refunds over a 5-year period, although to the proceeding. Any person wishing [FR Doc. 98–7538 Filed 3–23–98; 8:45 am] interest would continue to accrue on BILLING CODE 6717±01±M to become a party to a proceeding or to any outstanding balance. participate as a party in any hearing It is stated that the SRD submitted to therein must file a motion to intervene BMG includes tax reimbursements in DEPARTMENT OF ENERGY in accordance with the Commission’s the amount of $49,243.49, for the Rules. Barngrover #1–#3 well. Schwarzhoff Federal Energy Regulatory David P. Boergers, states that this well is classified as a Commission Acting Secretary. [Docket No. PR98±9±000] 1 [FR Doc. 98–7537 Filed 3–23–98; 8:45 am] 15 U.S.C. 3142(c) (1982). 2 See 80 FERC ¶ 61,264 (1997); order denying Tekas Pipeline, L.L.C.; Notice of BILLING CODE 6717±01±M reh’g issued January 28, 1998, 82 FERC ¶ 61,058 (1998). Petition for Rate Approval 3 Public Service Company of Colorado v. FERC, March 18, 1998. 91 F.3d 1478 (D.C. 1996), cert, denied, Nos. 96–954 and 96–1230 (65 U.S.L.W. 3751 and 3754, may 12, Take notice that on March 4, 1998, 1997) (Public Service). Tekas Pipeline L.L.C. (Tekas) filed a 14084 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices petition for rate approval pursuant to not serve to make protestants parties to valorem tax refunds, with interest, for Section 284.123(b)(2) of the the proceedings. Copies of the petition the period from 1983 to 1988. The Commission’s regulations, and pursuant are on file with the Commission and are Commission’s September 10 order also to the Commission’s order issued March available for public inspection. provided that first sellers could, with 4, 1996 in Docket No. PR95–7–000. In David P. Boergers, the Commission’s prior approval, its petition, Tekas requests the Acting Secretary. amortize their Kansas ad valorem tax Commission to approve a system-wide [FR Doc. 98–7531 Filed 3–23–98; 8:45 am] refunds over a 5-year period, although maximum rate of $0.1465 per Mcf (plus BILLING CODE 6717±01±M interest would continue to accrue on a pro rata share of fuel and lost and any outstanding balance. unaccounted for gas). Tekas states that As of March 9, 1998, CIG claims that the rate will be applicable to its DEPARTMENT OF ENERGY Thornbrough owes CIG $108,883.73 in transportation services provided under principal and $156,621.88 in interest. Section 311(a)(2) of the Natural Gas Federal Energy Regulatory Thornbrough disputes CIG’s claim Policy Act of 1978 (NGPA), effective Commission entirely. If the Commission determines August 1, 1998. [Docket No. SA98±14±000] that Thornbrough is required to pay Pursuant to section 284.123(b)(2)(ii), some or all of the disputed amount to if the Commission does not act within Albert A. Thornbrough; Notice of CIG, Thornbrough seeks a staff 150 days of the filing date, the rate will Petition for Adjustment adjustment pursuant to Section 502(c) of be deemed to be fair and equitable and the NGPA, abating all of the disputed not in excess of an amount which March 18, 1998. amount. If the Commission interstate pipelines would be permitted Take notice that on March 6, 1998, subsequently determines that to charge for similar transportation Albert A. Thornbrough (Thornbrough) service. The Commission may, prior to filed a petition for adjustment under Thornbrough is required to pay some or the expiration of the 150-day period, section 502(c) of the Natural Gas Policy all of the disputed amount to CIG, extend the time for action or institute a Act of 1978 (NGPA),1 seeking Thornbrough seeks permission to proceeding to afford parties an Commission intervention to resolve a amortize the required sum over a five- opportunity for written comments and dispute between himself and Colorado year period commencing on march 9, for the oral presentation of views, data, Interstate Gas Company (CIG) 1999 such that the first installment and arguments. concerning ad valorem taxes for years would be equal to one-fifth of the total Any person desiring to participate in 1982 through 1986. Thornbrough principal and interest owing as of that 1 this rate proceeding must file a motion requests that he be relieved of his date; the second installment equal to ⁄4 to intervene or a protest with the obligation to pay Kansas ad valorem tax of the remaining total; the third 1 Federal Energy Regulatory Commission, refunds, as required by the installment equal to ⁄3 of the remaining 888 First Street, N.E., Washington, D.C. Commission’s September 10, 1997 balance; the fourth installment equal to 1 20426, in accordance with sections order, in Docket Nos. GP97–3–000, ⁄2 of the remaining amount; and the 385.211 and 385.214 of the GP97–4–000, GP97–5–000, and RP97– fifth installment would be equal to the Commission’s Rules of Practice and 369–000.2 Thornbrough’s petition is on balance of all principal and interest Procedures. All motions or protests file with the Commission and open to owing as of March 9, 2003. must be filed with the Secretary of the public inspection. Thornbrough, as operator, claims that Commission on or before April 2, 1998. The Commission’s September 10 the production and his working and Protests will be considered by the order on remand from the D.C. Circuit revenue interests therein, as well as the Commission in determining the Court of Appeals 3 directed first sellers royalty interest owners, of the following appropriate action to be taken, but will under the NGPA to make Kansas ad wells are the subject of this dispute:

Gross work Net revenue Well name Location interest interest (percent) (percent)

Lindsay #1 ...... Section 25 ...... 100 76.56 McDonald #1 ...... Section 13 ...... 50 43.75 McDonald #2 ...... Section 13 ...... 31.25 27.31 Thornbrough #1 ...... Section 24 ...... 100 82.31 Thornbrough #2 ...... Section 24 ...... 62.5 51.26

All of these wells are located at T25S– Thornbrough may be liable for making Washington, D.C. 20426, a motion to R39W in Hamilton County, Kansas. a refund, is for the years 1987 and 1988. intervene or a protest in accordance Thornbrough also claims that its request Any person desiring to be heard or to with the requirements of the for relief from its Kansas ad valorem make any protest with reference to said Commission’s Rules of Practice and taxes for the years 1982–1986 is based petition should on or before 15 days Procedure (18 CFR 385.214, 385.211, on a May 1, 1989 Settlement Agreement after the date of publication in the 385.1105, and 385.1106). All protests with CIG where the only mention of Federal Register of this notice, file with filed with the Commission will be these types of taxes, to which the Federal Energy Regulatory considered by it in determining the Commission, 888 First Street, N.E., appropriate action to be taken but will

1 15 U.S.C. 3142(c) (1982). and 96–1230 (65 U.S.L.W. 3751 and 3754, May 12, 2 See 80 FERC ¶ 61,264 (1997); order denying 1997) (Public Service). reh’g issued January 28, 1998, 82 FERC ¶ 61,058 (1998). 3 Public Service Company of Colorado v. FERC, 91 F.3d 1478 (D.C. 1996), cert. denied, Nos. 96–954 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14085 not serve to make the protestants parties firm transportation agreement with 2. Salem Electric, Inc. to the proceeding. Any person wishing KCPL. [Docket No. ER98–2175–000] to become a party to a proceeding or to Williams states that this change is not participate as a party in any hearing prohibited by an existing tariff and that Take notice that on March 1, 1997, therein must file a motion to intervene it has sufficient capacity to accomplish Salem Electric, Inc. (Salem Electric) in accordance with the Commission’s the deliveries specified without petitioned the Commission for Rules. detriment or disadvantage to its other acceptance of Salem Electric Rate Schedule FERC No. 1; the granting of David P. Boergers, customers. Williams says it has sent a copy of this request to the Missouri certain blanket approvals, including the Acting Secretary. authority to sell electricity at market- [FR Doc. 98–7535 Filed 3–23–98; 8:45 am] Public Service Commission. Any person or the Commission’s staff based rates; and the waiver of certain BILLING CODE 6717±01±M may, within 45 days after issuance of Commission regulations. the instant notice by the Commission, Salem Electric intend to engage in wholesale electric power and energy DEPARTMENT OF ENERGY file pursuant to Rule 214 of the Commission’s Procedural Rules (18 CFR purchases and sales as a marketer. Federal Energy Regulatory 385.214) a motion to intervene or notice Salem Electric is not in the business of Commission of intervention and pursuant to Section generating or transmitting electric 157.205 of the Regulations under the power. [Docket No. CP98±279±000] Natural Gas Act (18 CFR 157.205) a Comment date: March 31, 1998, in protest to the request. If no protest is accordance with Standard Paragraph E Williams Gas Pipelines Central Inc.; at the end of this notice. Notice of Request Under Blanket filed within the time allowed therefore, Authorization the proposed activity shall be deemed to 3. Florida Power & Light Company be authorized effective the day after the March 18, 1998. time allowed for filing a protest. If a [Docket No. ER98–2176–000] Take note that on March 11, 1998, protest is filed and not withdrawn Take notice that on March 13, 1998, Williams Gas Pipelines Central, Inc. within 30 days after the time allowed Florida Power & Light Company (FPL) (formerly named Williams Natural Gas for filing a protest, the instant request tendered for filing a proposed notice of Company) (Williams), P.O. Box 3288, shall be treated as an application for cancellation of an umbrella service Tulsa, Oklahoma 74101, filed in Docket authorization pursuant to Section 7 of agreement with Coastal Electric Services No. CP98–279–000, a request, pursuant the Natural Gas Act. Company for non-firm transmission to Sections 157.205, 157.208(b), and David P. Boergers, service under FPL’s Open Access 157.212(a) of the Commission’s Acting Secretary. Transmission Tariff. FPL requests that the proposed Regulations under the Natural Gas Act [FR Doc. 98–7530 Filed 3–23–98; 8:45 am] cancellation be permitted to become (18 CFR 157.205, 157.208, and 157.212), BILLING CODE 6717±01±M for authorization to utilize facilities, effective on April 1, 1998. both acquired and constructed, for the FPL states that this filing is in delivery of NGPA Section 311 DEPARTMENT OF ENERGY accordance with Section 35 of the transportation gas to Kansas City Power Commission’s regulations. & Light (KCPL) for the Hawthorn power Federal Energy Regulatory Comment date: April 3, 1998, in plant in Jackson County, Missouri, for Commission accordance with Standard Paragraph E purposes other than NGPA Section 311 at the end of this notice. [Docket No. ER98±2115±000, et al.] transportation, under Williams’ blanket 4. Florida Power & Light Company certificate authorization issued in California Independent System [Docket No. ER98–2177–000] Docket No. CP82–479–000, pursuant to Operator Corporation, et al.; Electric Section 7 of the Natural Gas Act, all as Rate and Corporate Regulation Filings Take notice that on March 13, 1998, more fully set forth in the request which Florida Power & Light Company (FPL) is on file with the Commission and open March 18, 1998. tendered for filing proposed service to public inspection. Take notice that the following filings agreements with Engage Energy US, L.P. Williams asserts that it seeks to utilize have been made with the Commission: for short-term firm and non-firm existing NGPA Section 311 transmission service under FPL’s Open 1. California Independent System transportation facilities for other Access Transmission Tariff. Operator Corporation deliveries of gas to KCPL so that KCPL FPL requests that the proposed will have the opportunity to transport [Docket No. ER98–2115–000] service agreements be permitted to not only NGPA Section 311 gas, but Take notice that on March 6, 1998, the become effective on April 1, 1998. capacity release and Section 284 gas as California Independent System Operator FPL states that this filing is in well. Corporation (ISO), tendered for filing a accordance with Section 35 of the Wiliams says it began flowing gas to Participating Generator Agreement Commission’s regulations. KCPL for the Hawthorn plant on August between the ISO and the California Comment date: April 3, 1998, in 11, 1997. Williams reports that the on- Department of Water Resources for accordance with Standard Paragraph E behalf-of party for the transportation acceptance by the Commission. at the end of this notice. agreement is Enogex, Inc., an intrastate The ISO states that this filing has been 5. Florida Power & Light Company pipeline company. Williams indicates served on all parties listed on the that according to KCPL, the projected official service list in Docket Nos. EC96– [Docket No. ER98–2178–000] annual volume of delivery is estimated 19–003 and ER96–1663–003, including Take notice that on March 13, 1998, to be approximately 1.8 to 1.9 Bcf with the California Public Utilities Florida Power & Light Company (FPL) a peak day volume of 50,800 Dth. Commission. tendered for filing proposed service Williams reports that the total project Comment date: March 27, 1998, in agreements with Municipal Electric cost was approximately $17,701,7814, accordance with Standard Paragraph E Authority of Georgia for short-term firm which will be recouped through a new at the end of this notice. and non-firm transmission service 14086 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices under FPL’s Open Access Transmission 8. Florida Power Corporation AES Huntington Beach, L.L.C. intends Tariff. [Docket No. ER98–2182–000] to sell electric capacity and energy at FPL requests that the proposed wholesale, and it proposes to make such Take notice that on March 13, 1998, sales subject to rates, terms, and service agreements be permitted to Florida Power Corporation (Florida become effective on April 1, 1998. conditions to be mutually agreed to with Power) filed to amend its Market-Based the purchasing party. Rate Schedule No. FPL states that this filing is in Wholesale Power Sales Tariff (MR–1). 1 provides for the sale of capacity and accordance with Section 35 of the Florida Power requests an effective date energy at agreed prices. Commission’s regulations. of 30 days after this filing. Comment date: April 3, 1998, in Comment date: April 3, 1998, in Comment date: April 3, 1998, in accordance with Standard Paragraph E accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. at the end of this notice. 11. AES Alamitos, L.L.C. 6. Northwestern Wisconsin Electric 9. Wisconsin Electric Power Company Company [Docket No. ER98–2185–000] [Docket No. ER98–2183–000] Take notice that on March 13, 1998, [Docket No. ER98–2180–000] Take notice that on March 13, 1998, AES Alamitos, L.L.C., a limited liability Take notice that on March 13, 1998, Wisconsin Electric Power Company subsidiary of The AES Corporation, Northwestern Wisconsin Electric (Wisconsin Electric) tendered for filing tendered for filing pursuant to Rule 205, Company tendered for filing proposed a notification indicating its consent to 18 CFR 285.205, a petition for blanket changes in its Transmission Use Charge, the assignment of rights and obligations waivers and blanket approvals under Rate Schedule FERC No. 2. The under electric service agreements under various regulations of the Commission proposed changes would increase its Coordination Sales Tariff (FERC and for an order accepting its FERC revenues from jurisdictional sales by Electric Tariff, Original Volume No. 2) Electric Rate Schedule No. 1 to be $15,773.50 based on the 12 month as requested by the customers. effective on the later of the date that period ending April 30, 1998. Wisconsin Electric respectfully requests AES Alamitos, L.L.C. acquires a Northwestern Wisconsin Electric effective June 1, 1997, Service generating facility or the operations date Company is proposing this rate Agreement No. 35 with Coastal Electric of the California Independent System schedule change to more accurately Services Company is assigned to Engage Operator. reflect the actual cost of transmitting Energy US, L.P. (Engage). Effective AES Alamitos, L.L.C. intends to sell energy from one utility to another based November 1, 1997, Service Agreement electric capacity and energy at on current cost data. The service No. 2 with Heartland Energy Services is wholesale, and it proposes to make such agreement for which this rate is assigned to Cargill-IEC, LLC who has sales subject to rates, terms, and calculated calls for the Transmission since changed its name to Cargill- conditions to be mutually agreed to with Use Charge to be reviewed annually and Alliant, LLC (Cargill-Alliant). Effective the purchasing party. Rate Schedule No. revised on May 1. January 1, 1998, Service Agreement No. 1 provides for the sale of capacity and Northwestern Wisconsin Electric 45 with Southern Energy Trading & energy at agreed prices. Company requests this Rate Schedule Marketing is assigned to Southern Comment date: April 3, 1998, in Change become effective May 1, 1998. Company Energy Marketing L.P. accordance with Standard Paragraph E (SCEM). Comment date: April 3, 1998, in at the end of this notice. Wisconsin Electric requests waiver of accordance with Standard Paragraph E any applicable regulation to allow for 12. AES Redondo Beach, L.L.C. at the end of this notice. the effective dates as requested above. [Docket No. ER98–2186–000] 7. Power-Link Systems, Ltd. d/b/a First Copies of the filing have been served on Take notice that on March 18, 1998, Choice Energy Engage, Cargill-Alliant, SCEM, the AES Redondo Beach, L.L.C., a limited [Docket No. ER98–2181–000] Michigan Public Service Commission, liability subsidiary of The AES and the Public Service Commission of Corporation, tendered for filing Take notice that on March 13, 1998 Wisconsin. pursuant to Rule 205, 18 CFR 285.205, Power-Link Systems, Ltd., d/b/a First Comment date: April 3, 1998, in a petition for blanket waivers and Choice Energy (First Choice) petitioned accordance with Standard Paragraph E blanket approvals under various the Commission for acceptance of First at the end of this notice. regulations of the Commission and for Choice Rate Schedule FERC No. 1; the 10. AES Huntington Beach, L.L.C. an order accepting its FERC Electric granting of certain blanket approvals, Rate Schedule No. 1 to be effective on including the authority to sell electricity [Docket No. ER98–2184–000] the later of the date AES Redondo at market-based rates; and the waiver of Take notice that on March 13, 1998, Beach, L.L.C. acquires a generating certain Commission regulations. AES Huntington Beach, L.L.C., a limited facility or the operations date of the First Choice intends to engage in liability subsidiary of The AES California Independent System wholesale electric power and energy Corporation, tendered for filing Operator. purchases and sales as a marketer. First pursuant to Rule 205, 18 CFR 285.205, AES Redondo Beach, L.L.C. intends to Choice is not in the business of a petition for blanket waivers and sell electric capacity and energy at generating or transmitting electric blanket approvals under various wholesale, and it proposes to make such power. First Choice is not involved in regulations of the Commission and for sales subject to rates, terms, and any energy concern at present, is not a an order accepting its FERC Electric conditions to be mutually agreed to with subsidiary of any corporation and is in Rate Schedule No. 1 to be effective on the purchasing party. Rate Schedule No. no way affiliated with any other the later of the date AES Huntington 1 provides for the sale of capacity and business in any utility field. Beach, L.L.C. acquires a generating energy at agreed prices. Comment date: April 3, 1998, in facility or the operations date of the Comment date: April 3, 1998, in accordance with Standard Paragraph E California Independent System accordance with Standard Paragraph E at the end of this notice. Operator. at the end of this notice. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14087

13. Texas-New Mexico Power Company notice requirement to allow the DEPARTMENT OF ENERGY requested effective date. This agreement [Docket No. ER98–2187–000] Southeastern Power Administration Take notice that on March 13, 1998, provides for the rates and charges for short-term firm transmission service. Texas-New Mexico Power Company Proposed Rates, Public Forums, and (TNMP) tendered for filing an Umbrella In its filing, KCPL states that the rates Opportunities for Public Review and Service Agreement For Short-Term included in the above-mentioned Comment for Georgia-Alabama-South Nonfirm Energy Transactions of One service agreement are KCPL’s rates and Carolina System of Projects Year or Less, between TNMP, as seller, charges in the compliance filing to AGENCY: Southeastern Power and Duke Energy Trading & Marketing, FERC Order 888-A in Docket No. OA97– Administration, DOE. purchaser. 636-000. Comment date: April 3, 1998, in ACTION: Notice of proposed rate Comment date: April 3, 1998, in accordance with Standard Paragraph E adjustment. at the end of this notice. accordance with Standard Paragraph E at the end of this notice. SUMMARY: Southeastern Power 14. Arizona Public Service Company Administration (Southeastern) proposes 17. Kansas City Power & Light to revise existing schedules of rates and [Docket No. ER98–2188–000] Company charges applicable to the sale of power Take notice that on March 13, 1998, [Docket No. ER98–2191–000] from the Georgia-Alabama-South Arizona Public Service Company (APS) Carolina System of Projects effective for tendered for filing Umbrella Service Take notice that on March 13, 1998, a 5-year period, October 1, 1998, Agreements to provide Firm Kansas City Power & Light Company through September 30, 2003. Transmission Service to Amoco Energy (KCPL) tendered for filing a service Additionally, opportunities will be Trading Corporation and Non-Firm agreement dated February 17, 1998, available for interested persons to Point-to-Point Transmission Service to between KCPL and Merchant Energy review the present rates, the proposed ConAgra Energy Services, Inc. under Group of the Americas. KCPL proposes rates and supporting studies, to APS’ Open Access Transmission Tariff. an effective date of March 5, 1998, and participate in a forum and to submit A copy of this filing has been served written comments. Southeastern will on ConAgra Energy Services, Inc., requests waiver of the Commission’s evaluate all comments received in this Amoco Energy Trading Corporation and notice requirement. This agreement process. the Arizona Corporation Commission. provides for the rates and charges for Comment date: April 3, 1998, in non-firm transmission service. DATES AND ADDRESSES: Written accordance with Standard Paragraph E In its filing, KCPL states that the rates comments are due on or before June 22, 1998. Public information and comment at the end of this notice. included in the above-mentioned forums will be held in College Park, service agreement are KCPL’s rates and 15. Kansas City Power & Light Georgia, on April 29, 1998 and in charges in the compliance filing to Company Columbia, South Carolina on April 30, FERC Order 888–A in Docket No. 1998. Persons desiring to speak at a [Docket No. ER98–2189–000] OA97–636. Take notice that on March 13, 1998, forum should notify Southeastern at Kansas City Power & Light Company Comment date: April 3, 1998, in least 3 days before the forum is (KCPL) tendered for filing a service accordance with Standard Paragraph E scheduled, so that a list of forum agreement dated February 20, 1998, at the end of this notice. participants can be prepared. Others may speak if time permits. Five copies between KCPL and Engage Energy US, Standard Paragraph L.P.. KCPL proposes an effective date of of written comments should be March 3, 1998, and requests waiver of E. Any person desiring to be heard or submitted to: Administrator, the Commission’s notice requirement. to protest said filing should file a Southeastern Power Administration, This agreement provides for the rates motion to intervene or protest with the Department of Energy, Samuel Elbert and charges for non-firm transmission Federal Energy Regulatory Commission, Building, Elberton, Georgia, 30635. The public information and comment service. 888 First Street, N.E., Washington, D.C. forums will begin at 10:00 A.M. on In its filing, KCPL states that the rates 20426, in accordance with Rules 211 April 29, 1998 at the Georgia included in the above-mentioned and 214 of the Commission’s Rules of service agreement are KCPL’s rates and International Convention Center, 1902 Practice and Procedure (18 CFR 385.211 Sullivan Road, College Park Georgia, charges in the compliance filing to and 18 CFR 385.214). All such motions FERC Order 888–A in Docket No. 30337, (770) 907–3566, and at 10:00 or protests should be filed on or before A.M. on April 30, 1998 at the Embassy OA97–636. the comment date. Protests will be Comment date: April 3, 1998, in Suite Greystone, 200 Stoneridge Drive, accordance with Standard Paragraph E considered by the Commission in Columbia, South Carolina 29210, (803) at the end of this notice. determining the appropriate action to be 252–8700. taken, but will not serve to make FOR FURTHER INFORMATION CONTACT: 16. Kansas City Power & Light protestants parties to the proceeding. Leon Jourolmon, Assistant Company Any person wishing to become a party Administrator, Finance and Marketing, [Docket No. ER98–2190–000] must file a motion to intervene. Copies Southeastern Power Administration, Take notice that on March 13, 1998, of these filings are on file with the Department of Energy, Samuel Elbert Kansas City Power & Light Company Commission and are available for public Building, Elberton, Georgia, 30635, (KCPL) tendered for filing a service inspection. (706) 213–3800. agreement dated February 17, 1998, David P. Boergers, SUPPLEMENTARY INFORMATION: The between KCPL and Merchant Energy Acting Secretary. Federal Energy Regulatory Commission Group of the Americas. KCPL proposes [FR Doc. 98–7584 Filed 3–23–98; 8:45 am] (FERC) by order issued March 18, 1994, an effective date of March 5, 1998 and in Docket No. EF93–3011–000, BILLING CODE 6717±01±P requests a waiver of the Commission’s confirmed and approved Wholesale 14088 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Power Rate Schedules GA–1–D, GA–2– Richard B. Russell Project, are repaid Rate Schedule Duke-1 D, GA–3–C, GU–1–D, ALA–1–H, ALA– within their repayment life. Therefore, Available to public bodies and 3–D, MISS–1–H, MISS–2–D, SC–3–C, Southeastern is proposing these rates to cooperatives in North Carolina and SC–4–B, CAR–3–C, SCE–2–C, and go into effect October 1, 1998, if the South Carolina to whom power may be GAMF–3–B applicable to Georgia- Richard B. Russell Pump Storage Units wheeled and scheduled pursuant to Alabama-South Carolina System of are declared commercially operable on contracts between the Government and Projects’ power for a period ending or before September 30, 1998. Duke Power Company. September 30, 1998. Southeastern is also proposing and Rate Schedule Duke-2 Discussion requesting comments on a second version of these rates that phases in the Available to public bodies and Existing rate schedules are predicated adjustment of five year period from cooperatives in North Carolina and upon a June 1993 repayment study and October 1, 1998, to October 1, 2002. South Carolina to whom power may be other supporting data contained in wheeled pursuant to contracts between FERC Docket No. EF93–3011–000. The Proposed Unit Rates the Government and Duke Power current repayment study dated February Southeastern is proposing the Company. The customer is responsible 1998 shows that existing rates are not following rate schedules to be effective for providing a scheduling arrangement adequate to recover all costs required by for the period from October 1, 1998 with the Government. present repayment criteria. Southeastern through September 30, 2003. is proposing to establish rates that will Rate Schedule Duke-3 Rate Schedule SOCO-1 recoup these unrecovered costs. Available to public bodies and A revised repayment study with a Available to public bodies and cooperatives in North Carolina and revenue increase of $14.6 million in FY cooperatives in Georgia, Alabama, South Carolina to whom power may be 1999 and future years over the current Mississippi, and Florida to whom power scheduled pursuant to contracts repayment study shows that all costs are may be wheeled and scheduled between the Government and Duke repaid within their service life. pursuant to contracts between the Power Company. The customer is Therefore, Southeastern is proposing to responsible for providing a transmission revise the existing rates to generate this Government and Southern Company arrangement. additional revenue. The increase is Services, Incorporated. primarily due to increasing Corps O&M Rate Schedule SOCO-2 Rate Schedule Duke-4 expenses, SEPA marketing expenses, Available to public bodies and retirement and pension benefit expenses Available to public bodies and cooperatives in Georgia, Alabama, cooperatives in North Carolina and not previously recovered, and the South Carolina served through the interest on and repayment of the capital Mississippi, and Florida to whom power may be wheeled pursuant to contracts transmission facilities of Duke Power investment associated with Company. The customer is responsible rehabilitation of projects in the Georgia- between the Government and Southern Company Services, Incorporated. The for providing a scheduling arrangement Alabama-South Carolina System. with the Government and for providing An additional study dated February customer is responsible for providing a a transmission arrangement. 1998 that includes costs related to the scheduling arrangement with the pumping units at the Richard B. Russell Government. Rate Schedule Santee-1 Project, which are expected to be Rate Schedule SOCO-3 Available to public bodies and declared commercially operable July of cooperatives in South Carolina to whom 1998, shows that the proposed rates in Available to public bodies and cooperatives in Georgia, Alabama, power may be wheeled and scheduled the revised repayment study discussed pursuant to contracts between the in the preceding paragraph will not be Mississippi, and Florida to whom power may be scheduled pursuant to contracts Government and South Carolina Public adequate to recover these costs. Service Authority. Southeastern is proposing alternate new between the Government and Southern rates that will recover these costs. These Company Services, Incorporated. The Rate Schedule Santee-2 rates are to become effective October 1, customer is responsible for providing a Available to public bodies and 1998, if the pump storage units are transmission arrangement. cooperatives in South Carolina to whom declared commercially operable from Rate Schedule SOCO-4 power may be wheeled pursuant to the date of this notice to September 30, contracts between the Government and 1998. If the pump storage units are not Available to public bodies and South Carolina Public Service declared commercially operable on or cooperatives in Georgia, Alabama, Authority. The customer is responsible before September 30, 1998, these rates Mississippi, and Florida. The customer for providing a scheduling arrangement will not apply. Southeastern is is responsible for providing a with the Government. proposing two versions of these scheduling arrangement with the alternate rates. In the first version, the Government and for providing a Rate Schedule Santee-3 entire adjustment due to the Russell transmission arrangement. Available to public bodies and pump storage units would go into effect Rate Schedule ALA–1–I cooperatives in South Carolina to whom October 1, 1998. In the second version, power may be scheduled pursuant to the rate adjustment would be phased-in Available to the Alabama Electric contracts between the Government and over a five-year period. Cooperative, Incorporated. South Carolina Public Service A revised repayment study with rates Rate Schedule MISS–1–I Authority. The customer is responsible designed to produce an annual revenue for providing a transmission increase of $38.8 million in FY 1999 Available to the South Mississippi arrangement. and all future years over the revised Electric Power Association to whom repayment study discussed above shows power may be wheeled pursuant to Rate Schedule Santee-4 that all costs, including costs associated contract between the Government and Available to public bodies and with the pump storage units at the Alabama Electric Cooperative, Inc. cooperatives in South Carolina served Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14089 through the transmission facilities of Rate Schedule SCE&G–3 pumping operations at the Carters South Carolina Public Service Available to public bodies and Project. Authority. The customer is responsible cooperatives in South Carolina to whom Rate Schedule Pump-2 for providing a scheduling arrangement power may be scheduled pursuant to with the Government and for providing contracts between the Government and Available to all customers of the a transmission arrangement. South Carolina Electric & Gas Company. Georgia-Alabama-South Carolina System and applicable to energy from Rate Schedule SCE&G–1 The customer is responsible for providing a scheduling arrangement pumping operations at the Richard B. Available to public bodies and with the Government. Russell Project. cooperatives in South Carolina to whom The proposed rates, provided the power may be wheeled and scheduled Rate Schedule SCE&G–4 pumping units at the Richard B. Russell pursuant to contracts between the Available to public bodies and are not declared commercially operable Government and South Carolina Electric cooperatives in South Carolina served on or before September 30, 1998, for & Gas Company. through the transmission facilities of capacity, energy, and generation Rate Schedule SCE&G–2 South Carolina Electric & Gas Company. services are as follows: The customer is responsible for Capacity: $3.08 per kW per month Available to public bodies and providing a scheduling arrangement Energy: 7.73 mills per kWh cooperatives in South Carolina to whom with the Government and for providing Generation Services: $0.09 per kW per power may be wheeled pursuant to a transmission arrangement. contracts between the Government and month. South Carolina Electric & Gas Company. Rate Schedule Pump-1 The rates for transmission, The customer is responsible for Available to all customers of the scheduling, reactive supply, and providing a scheduling arrangement Georgia-Alabama-South Carolina regulation and frequency response are with the Government. System and applicable to energy from illustrated in Table 1. 1

TABLE 1.ÐSOUTHEASTERN POWER ADMINISTRATION PROPOSED RATES FOR TRANSMISSION SCHEDULING, REACTIVE, AND REGULATION CHARGES

Rate Transmission charge Scheduling charge Regulation charge $/KW/ schedule $/KW/month $/KW/month Reactive charge $/KW/month month

SOCO±1 ...... 1.70 .07658 .16627 .24714 SOCO±2 ...... 1.70 .07658 .16627 N/A SOCO±3 ...... N/A .07658 N/A .24714 SOCO±4 ...... N/A .07658 N/A N/A ALA±1±I ...... N/A .07658 N/A N/A MISS±1±I ..... 1.83 N/A N/A N/A Duke-1 ...... 1.15 N/A N/A N/A Duke-2 ...... 1.15 N/A N/A N/A Duke-3 ...... N/A N/A N/A N/A Duke-4 ...... N/A N/A N/A N/A Santee-1 ...... 1.53 N/A N/A N/A Santee-2 ...... 1.53 N/A N/A N/A Santee-3 ...... N/A N/A N/A N/A Santee-4 ...... N/A N/A N/A N/A SCE&G±1 .... 2.22 N/A N/A N/A SCE&G±2 .... 2.22 N/A N/A N/A SCE&G±3 .... N/A N/A N/A N/A SCE&G±4 .... N/A N/A N/A N/A Pump-1 ...... N/A N/A N/A N/A Pump-2 ...... N/A N/A N/A N/A

Should the pump storage units at the version, the rate for Generation Services October 1, 1998, to September 30, 2003, Richard B. Russell Project be declared remains $0.09 per kW per month. The are as follows: commercially operable on or before rates for Transmission, Scheduling, Capacity: $3.57 per kw per month September 30, 1998, Southeastern is Reactive, and Regulation Services proposing and requesting comments on remain unchanged from the rates shown Energy: 10.14 mills per kWh. two versions of capacity and energy in Table 1. In the first version, rates for In the second version, the rates for rates that would apply. In either capacity and energy for the period from capacity and energy are as follows:

Capacity Energy Period ($kw/month) (mills/kWh)

October 1, 1998 to September 30, 1999 ...... 3.20 8.33 October 1, 1999 to September 30, 2000 ...... 3.33 8.94 October 1, 2000 to September 30, 2001 ...... 3.45 9.54 October 1, 2001 to September 30, 2002 ...... 3.57 10.14

1 The transmission, scheduling, reactive, and charged for these services by the appropriate and regulation rates in this notice are based on the regulation charges for each schedule are the rates facilitator. All transmission, scheduling, reactive, current rates as of the date of this notice and are subject to revision. 14090 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Capacity Energy Period ($kw/month) (mills/kWh)

October 1, 2002 to September 30, 2003 ...... 3.65 10.35

The referenced repayment studies are 7, 1997, and a public comment period A. Current Air Pollution Controls are available for examination at the Samuel during which interested persons could Inadequate, and EPA Should Institute Elbert Building, Elberton, Georgia submit written comments in response to new Controls to Control HAP Emissions 30635. Proposed Rate Schedules SOCO– the draft determinations ran through That Harm the Great Waters 1. Summary of the Comments 1, SOCO–2, SOCO–3, SOCO–4, ALA–1– August 6, 1997. These determinations 2. EPA’s Response I, MISS–1–I, Duke-1, Duke-2, Duke-3, are being made pursuant to section B. Timing of Determinations Under Section Duke-4, Santee-1, Santee-2, Santee-3, 112(m)(6) of the Act, as amended in 112(m)(6) Santee-4, SCE&G–1, SCE&G–2, SCE&G– 1990. 1. Summary of the Comments 3, SCE&G–4, Pump-1, and Pump-2, are ADDRESSES: Supporting information 2. EPA’s Response also available. used in developing the draft and final C. Scope of Analysis 1. Summary of the Comments Dated: March 16, 1998. determinations is contained in Docket a. Statutory Authorities Charles A. Borchardt, No. A-97–21 at the Air Docket, U.S. b. Stationary Sources of HAP Administrator. Environmental Protection Agency, 401 2. EPA’s Response M Street, S.W., Washington, D.C. 20460. [FR Doc. 98–7607 Filed 3–23–98; 8:45 am] a. Statutory Authorities This docket is available for public b. Stationary Sources of HAP BILLING CODE 6450±01±P inspection and copying between 8:00 D. Definition of Adverse Environmental a.m. and 4:00 p.m., Monday through Effect Friday, excluding legal holidays. A 1. Summary of the Comments ENVIRONMENTAL PROTECTION reasonable fee may be charged for 2. EPA’s Response AGENCY E. Regulations to Control Emissions of copying. Pollutants [FRL±5984±6; Docket No. A±97±21] FOR FURTHER INFORMATION CONTACT: Dale 1. Summary of the Comments Evarts, Office of Air Quality Planning a. Utility of Section 112 Emission Control RIN 2060±ZA01 and Standards (MD–15), U.S. Provisions b. Timing of Implementation of Section Determination of Adequacy of Section Environmental Protection Agency, Research Triangle Park, North Carolina 112 Provisions to Control HAP 112 Authorities and Determination of Emissions Need for Additional Standards 27711, telephone number (919) 541– 2. EPA’s Response 5535. a. Utility of Section 112 Emission Control AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Provisions Agency (EPA). b. Timing of Implementation of Section Electronic Availability ACTION: Notice of determinations. 112 Provisions to Control HAP The official record for this notice, as Emissions SUMMARY: Today’s notice provides well as the public version, has been F. Mercury and Electric Utilities Reports to EPA’s determination that the legal established for this notice under Docket Congress 1. Summary of the Comments authorities contained in the provisions No. A–97–21 (including comments and of section 112 of the 1990 Amendments 2. EPA’s Response data submitted electronically as G. Solid Waste Incineration Units to the Clean Air Act (Act) are adequate described below). A public version of 1. Summary of the Comments to prevent serious adverse public health this official record, including printed, 2. EPA’s Response effects and serious or widespread paper versions of electronic comments, H. Other Comments Regarding the environmental effects associated with which do not include any information Adequacy of Section 112 atmospheric deposition of hazardous air claimed as confidential business 1. Summary of the Comments pollutants (HAP) to the Great Lakes, the information (CBI), is available for 2. EPA’s Response I. Comments Regarding the Need for Chesapeake Bay, Lake Champlain, and inspection at the address in ADDRESSES certain coastal waters (the Great Further Regulations Under Section at the beginning of this document, and 112(m)(6) Waters). Today’s notice also provides electronically at the following address: 1. Summary of the Comments EPA’s determination that further http://www.epa.gov/ttn/oarpg/ 2. EPA’s Response emission standards or control measures The information in this notice is J. Comments Regarding the Second Report under section 112(m)(6), beyond those organized as follows: to Congress that can otherwise be adopted under V. Determinations of Adequacy of Section I. Background Overview section 112, are not necessary and 112 and of Need for Further Regulations II. Statutory Framework of the Clean Air Act Under Section 112(m)(6) appropriate to prevent such effects. Note Great Waters Program that these determinations are not a VI. Administrative Procedures III. EPA’s Draft Determinations A. Executive Order 12866 conclusion that EPA has taken full A. Scope of Analysis B. Regulatory Flexibility advantage of the statutory authorities B. Definitions of Major Source and Adverse C. Congressional Review under section 112, but that these Environmental Effect D. Unfunded Mandates authorities exist and are adequate, based C. Listing of Pollutants and Sources on the information available now, to D. Regulations to Control Emissions of I. Background and Overview prevent serious adverse effects to public HAP Pursuant to the requirements of 1. MACT and GACT Standards health and serious or widespread 2. Residual Risk Standards section 112(m)(6) of the Act, 42 U.S.C. environmental effects associated with E. Other Relevant Provisions of Section 112 7412(m)(6), EPA is issuing its atmospheric deposition of HAP to the F. Draft Conclusions determination that the legal authorities Great Waters. The two draft IV. Public Comments Received and EPA contained in the other provisions of determinations were published on July Responses section 112 of the Act are adequate to Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14091 prevent serious adverse effects to public The first draft determination Great Waters pollutants and sources health and serious or widespread pertained to the authority within the include authority to: environmental effects (hereinafter other provisions of section 112 to take —Identify and list any air pollutant that referred to as ‘‘adverse effects’’), appropriate actions to address the may present through inhalation or including such effects resulting from effects enumerated in section 112(m)(6), other routes of exposure a threat of indirect exposure pathways, associated rather than to the efficacy of any prior adverse human health effects or with atmospheric deposition of HAP or future administrative actions under adverse environmental effects and their atmospheric transformation those provisions. In addition, the scope whether through ambient products to the Great Waters. The EPA of the draft determination focused on concentrations, bioaccumulation, is also issuing its determination that, at the authority within section 112 to deposition, or otherwise (section this time, further emission standards or address those pollutants and sources 112(b)). control measures under section that can be regulated under section 112. —-Establish test methods and analytic 112(m)(6), beyond those that can Consequently, pollutants that are not procedures for monitoring and otherwise be adopted under the other listed as HAP pursuant to section measuring emissions, ambient provisions of section 112, are not 112(b), and source categories that could concentrations, deposition, and necessary and appropriate to prevent not be listed pursuant to section 112(c), bioaccumulation of HAP (section such effects, including the effects due to were not included within its scope. The 112(b)(5)). bioaccumulation and indirect exposure EPA did note, however, that some —Identify and list any source category pathways. The notice discusses the unlisted pollutants that are pollutants of or source subcategory that emits HAP, bases for the Agency’s two draft concern for the Great Waters are including sources of seven specific determinations published on July 7, regulated by other sections of the Act HAP that are of particular concern for 1997 (62 FR 36436), the comments (e.g., emissions of oxides of nitrogen the Great Waters to assure at least 90 received in response to the draft (NOX) are regulated pursuant to sections percent of emissions of each of these determinations, EPA’s responses to 108, 109, 202 and 407). Moreover, some seven HAP are subject to national those comments, and the bases for the source categories that were outside the emission standards (section 112(c)). determinations are discussed in today’s scope of section 112 and the —Promulgate performance standards for notice. determination can be regulated under major sources and listed area sources other Act provisions (e.g., mobile Section 112(m)(6) of the Act requires of HAP. These standards are to reflect sources regulated under title II of the the maximum degree of emission EPA to determine whether the other Act). While this determination only provisions of section 112 provide reduction that is achievable, taking applies to the adequacy of section 112 into consideration the cost of adequate authority to prevent serious to address HAP of concern to the Great adverse effects to public health and achieving such reduction, non-air Waters emitted from stationary sources, quality health and environmental serious or widespread environmental other authorities under the Act operate effects associated with atmospheric impacts, and energy requirements in concert with section 112 to reduce, (i.e., ‘‘maximum achievable control deposition of HAP to the Great Waters. for instance, toxic emissions from If EPA finds the other provisions of technology,’’ or MACT). In addition, mobile sources, NOX emissions from section 112 to be inadequate for this these standards are to apply pollution both mobile and stationary sources, and prevention measures, processes, purpose, section 112(m)(6) then requires particulate matter (some of which may methods systems or techniques which the Agency to promulgate, as necessary be toxic). reduce the volume of or eliminate and appropriate, further regulations in Section 112 establishes a statutory accordance with section 112 to prevent framework by which EPA identifies emissions through process changes, those effects.1 While, under the Act, HAP by whether an air pollutant may substitution of materials, enclosure of EPA could have unilaterally issued its cause or contribute to adverse effects to systems or processes, and other determinations in the second Report to public health or the environment, and measures (section 112(d)). Congress required by section 112(m)(5), then develops performance standards —Establish lesser quantity emission the Agency chose to conduct its analysis for the control of emissions from rates for determining what is a major of the provisions of section 112 in a stationary sources of HAP. The EPA can source of a HAP, based on several more public forum that allowed then adjust these control requirements factors including potency of the HAP, interested citizens to provide comments as needed to address any residual risk persistence in the environment, the on EPA’s preliminary views. This that may be presented by sources even potential to bioaccumulate, other approach was reflected in the consent after adoption of the emission standards characteristics of the HAP, or other decree entered in Sierra Club v. (section 112(f); see footnote 3 below). relevant factors (section 112(a)). Browner, 96–1680 (D.D.C.). The EPA The types of adverse environmental —Require additional controls as issued its two draft determinations in effects to be prevented are defined in necessary to provide an ample margin conjunction with issuing its ‘‘Second the Act and are broad in scope. An of safety to protect public health or to Report to Congress on Deposition of Air adverse environmental effect is defined prevent an adverse environmental Pollutants to the Great Waters’’ (EPA– by section 112(a)(7) as ‘‘* * * any effect. This authority applies not only 453/R–97–011, June 1997), which significant and widespread adverse to sources regulated under section summarized the draft determinations. effect, which may reasonably be 112(d) performance based controls, Today’s notice serves as a supplement anticipated, to wildlife, aquatic life, or but also to certain other source to that Report. other natural resources, including categories regulated under sections adverse impacts on populations of 111 and 129 of the Act (section 1 The EPA interprets this latter requirement to endangered or threatened species or 112(f)). mandate that EPA determine, in the first instance, significant degradation of Based on available information and whether additional regulations are necessary and environmental quality over broad EPA’s analysis, and guided by the appropriate, rather than to absolutely require the Agency to promulgate some further regulations. areas.’’ (42 U.S.C. 7412(a)(7)). Agency’s interpretation of the statutory See, e.g., Environmental Defense Fund v. Thomas, Authorities provided by section 112 authorities of section 112, EPA is 870 F.2d 892, 898–900 (2nd Cir. 1989). that may be particularly relevant to the determining that the provisions of 14092 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices section 112 are adequate to prevent deposition, fate and effects of HAP with databases sponsored by the serious adverse effects to public health emitted by section 112 sources, and to International Joint Commission, Canada, and serious or widespread faithfully implementing the provisions and the several States of the Great Lakes environmental effects associated with of section 112 and other authorities in region (42 U.S.C. 7412(m)(2)). Section atmospheric deposition of HAP order to minimize unreasonable threats 112(m)(3) then directs EPA to establish emissions to the Great Waters. to humans and to the environment as a monitoring stations to assess deposition Consequently, EPA is determining that, result of exposure to air pollutants, of HAP (and other pollutants in EPA’s at this time, no further emission whether exposure results directly from discretion) within the Chesapeake Bay standards or control measures under emissions into the air, through and Lake Champlain watersheds, section 112(m)(6), beyond those that can introduction to watersheds or water determine the role of air deposition in otherwise be adopted under section 112, bodies, or through other pathways. The the pollutant loadings of these two are necessary and appropriate to prevent EPA will continue to work water bodies, investigate the sources of those effects. In addition, due to the cooperatively with the National Oceanic air pollutants deposited in their state of current scientific information Atmospheric Administration (NOAA) watersheds, and conduct evaluative and concerning factors such as the relative and the scientific community to refine sampling functions as necessary to contribution of air emissions to adverse methods for measuring and estimating characterize health and environmental effects in the Great Waters, as discussed atmospheric transport and deposition of effects of such loadings (42 U.S.C. in the first and second Reports to HAP in order to more reliably 7412(m)(3)). Section 112(m)(4) requires Congress, EPA could not conclude characterize and quantify the EPA to design and deploy deposition confidently that such supplementary significance of atmospheric deposition monitoring networks for coastal waters regulatory action under section to environmental quality. and their watersheds and make any 112(m)(6) would be necessary and information collected through them II. Statutory Framework of the Clean appropriate. publicly available (42 U.S.C. Air Act Great Waters Program This does not mean, however, that 7412(m)(4)). actions under the other provisions of In the 1990 Amendments to the Clean In addition, pursuant to section section 112 or other authorities that Air Act (Pub. L. 101–549), Congress 112(m)(5), EPA is to provide periodic, reduce any impacts from deposition of added a new program targeted at updated Reports to Congress describing air pollution are not warranted, or that assessing and controlling atmospheric the results of any monitoring, studies, EPA is concluding that air deposition of deposition of HAP to the Great Waters. and investigations conducted under the HAP does not currently cause or Section 112(m) of the Act, as amended Great Waters program, addressing the contribute to adverse effects to public in 1990, 42 U.S.C. 7401 et seq., same issues mentioned above and health or the environment. In fact, EPA established the Great Waters program describing any revisions to the has taken and is continuing to take under which EPA has ongoing requirements, standards, and limitations several actions that the Agency expects responsibilities to identify and assess under the Act or other Federal laws that will reduce these impacts (e.g., EPA’s the extent of atmospheric deposition of are necessary to protect human health Nitrogen Oxides Emission Reduction HAP to the Great Waters. As part of this and the environment from atmospheric Program final rule, 61 FR 67112 (Dec. program, EPA is to monitor for deposition of HAP (42 U.S.C. 19, 1996). In recent years, considerable atmospheric deposition of HAP in the 7412(m)(5)). The Agency’s progress has been made in quantifying Great Waters, investigate the sources of implementation of the Great Waters emissions inventories, monitoring HAP deposition, research the relative program up through the summer of 1997 concentrations in air and precipitation, contribution of atmospheric pollutants is discussed in the first two Reports to and modeling total atmospheric to total loadings in the Great Waters, Congress issued under section deposition to a water body. Studies are evaluate adverse effects to public health 112(m)(5), respectively entitled, improving the ability to relate or the environment caused by HAP ‘‘Deposition of Air Pollutants to the deposition to source categories, and deposition, assess the contribution of Great Waters: First Report to Congress,’’ examinations are under way for viewing HAP deposition to violations of water EPA–453/R–93–055 (May 1994); and the total picture relating HAP to single quality or drinking water standards, and ‘‘Deposition of Air Pollutants to the water bodies. Therefore, EPA reserves sample for HAP in biota, fish, and Great Waters: Second Report to its right to reconsider these wildlife of the Great Waters (42 U.S.C. Congress,’’ EPA–453/R–97–011 (June determinations if future events or 7412(m)(1)). 1997). Copies of these reports can be additional information indicate that Section 112(m) then requires EPA to obtained, as supplies permit, from the they are incorrect and to promulgate any establish a monitoring network for the Library Services Offices (MD–35), U.S. necessary and appropriate regulations Great Waters. Under section 112(m)(2), Environmental Protection Agency, under section 112(m)(6). Such events or the Agency is to monitor atmospheric Research Triangle Park, North Carolina information could include, for example, deposition of HAP (and other pollutants 27771, or, for a nominal fee, from the a judicial ruling that overrules EPA’s in the Administrator’s discretion) to the National Technical Information Service, interpretation of how a particular Great Lakes, establishing at least one 5285 Port Royal Road, Springfield, provision of section 112 can be facility in each of the Great Lakes Virginia 22161, phone: 1–800–553– employed in the effort to prevent capable of monitoring deposition of NTIS or 703–487–4650. adverse effects from HAP deposition, or HAP in both dry and wet conditions. Finally, section 112(m)(6) requires the Agency’s discovery through The EPA is to use the data provided by EPA to determine, as part of the Report implementation of a section 112 the network to identify and track to Congress, whether the other provision that the authority EPA movement of HAP through the Great provisions of section 112 are adequate previously believed was available to Lakes, to determine the portion of water to prevent serious adverse effects to prevent such effects could not be pollution loadings attributable to HAP public health and serious or widespread adequately used for this purpose. deposition, and to support remedial environmental effects, including effects The EPA is committed to continuing plans as required by the Great Lakes resulting from indirect exposure its analyses, research and assessments of Water Quality Agreement. The EPA is to pathways, associated with deposition of all aspects of atmospheric transport, assure that such data are compatible HAP (and their atmospheric Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14093 transformation products) to the Great can otherwise be adopted under section November 15, 1993. Further regulations Waters. In making this determination, 112 (62 FR 36438–46, July 7, 1997). The based on the Agency’s determinations EPA is to take into consideration the Agency’s analysis as presented in the under section 112(m)(6) were then due tendency of certain HAP to draft determinations notice is on November 15, 1995. In contrast, bioaccumulate. If EPA determines that summarized below. The public many of the regulations EPA is required the other provisions of section 112 are comments to that analysis are by the 1990 Amendments to section 112 not adequate for this purpose, section summarized later, as are EPA’s to promulgate are not due until much 112(m)(6) then provides that EPA must responses to the points raised by later, and would not be expected to be promulgate, in accordance with section commenters and EPA’s conclusions. completed by the date specified in 112, such additional emission standards A. Scope of Analysis section 112(m)(6). Some regulations, for or control measures as EPA determines example the residual risk standards and Section 112(m)(6) charges EPA to may be necessary and appropriate to 10-year MACT standards, would have assess the adequacy of ‘‘the other prevent those effects (42 U.S.C. been in such early stages of provisions of this section (112)’’ to 7412(m)(6)). development that EPA could not have The EPA issued its first Report to prevent the specified effects. If EPA begun to assess their effectiveness. Even Congress under the Great Waters finds those other provisions could not established regulations would not yet, at program in May 1994. When the Agency prevent those effects, section 112(m)(6) had not issued the second report by 2 directs the Agency to adopt additional that time, have demonstrated success or years after that date, three rules ‘‘in accordance with this section failure at preventing adverse effects. environmental groups, the Sierra Club, (112)’’ not otherwise specifically Thus, Congress could not have expected the Chesapeake Bay Foundation, and mandated or authorized by the other EPA to have gathered sufficient the National Wildlife Federation, filed provisions, as needed to meet the information, at the time the adequacy suit in U.S. District Court for the District section 112(m)(6) protective mandate. determination and decision regarding of Columbia to compel EPA to take three Any such additional regulations, having the need for further regulations were distinct actions: (1) Issue the second to be ‘‘in accordance with this section due, to judge the scientific or technical Report to Congress; (2) determine (112),’’ would, by the terms of section ‘‘adequacy’’ of recently adopted or whether the other provisions of section 112(m)(6), have to be limited to rules future regulatory actions. Rather, EPA 112 are adequate to prevent the effects that apply to the air pollutants and interprets section 112(m)(6) as charging described in section 112(m)(6) and (3) source types that are within the the Agency to identify and plug any promulgate further emissions standards Agency’s scope of authority to address gaps in authority found based on the or control measures under section under section 112 (i.e., stationary conclusion that those other provisions 112(m)(6) (see Complaint for sources of HAP). of section 112, when eventually Declaratory and Injunctive Relief, Sierra Section 112(m)(6) does not, in implemented, could not possibly Club, et. al. v. Browner, Civ. No. 96– contrast, direct EPA to evaluate the prevent the enumerated effects from 1680 (D.D.C.)). In May 1997, the court individual effectiveness of the particular HAP deposition from stationary sources. entered a consent decree containing a regulatory actions that have been taken The EPA also considered the extent to schedule for several actions as agreed or that are being taken under those other which the adequacy determination must upon by the parties. First, under the statutory provisions. The EPA interprets encompass all sources of HAP, rather the statutory language as calling for an decree, the Agency was required to than just domestic stationary sources analysis of the regulatory authority EPA issue the second Report to Congress and that are within the scope of section 112. has for proceeding under the provisions proposed determinations regarding the Atmospheric deposition of some HAP of section 112 to prevent the adequacy of section 112 and the need partially results from mobile sources, as enumerated health and environmental for further regulations as described in well as transport of emissions from section 112(m)(6) by June 30, 1997. effects (62 FR 36436, 36438–36439, July foreign sources. Moreover, some HAP Second, final determinations were due 7, 1997). In other words, for purposes of are continually being recycled in the by March 15, 1998. Third, if EPA conducting the required statutory environment, long after they have been determines, pursuant to section analysis, EPA must presume that the emitted or discharged by the original 112(m)(6), that further emission provisions would be implemented in a source. The EPA believes that section standards or control measures are manner which fully meets the necessary and appropriate, EPA is to substantive objectives of the relevant 112(m)(6) does not direct EPA to issue proposed regulations by March 15, provisions of section 112, rather than consider these sources in making its 2000, with final regulations due by speculate about what actual degree of determination. If the other provisions of November 15, 2000. The Agency met the emission control might ultimately result section 112 are found inadequate, EPA first set of the consent decree’s from any specific regulation that has is to establish further regulations under requirements when it issued the second been adopted (or will be adopted), and section 112 applicable to sources that it report and the draft determinations. what remaining risks will be presented could regulate under section 112. Since Today’s notice fulfills the second set of after application of those regulations.2 non-section 112 sources, such as mobile requirements under the decree. This interpretation is supported by the sources and foreign sources, are outside the regulatory scope of EPA’s remedial III. EPA’s Draft Determinations dates by which Congress directed EPA to make this determination and authority under section 112(m)(6), EPA In the notice publishing the Agency’s promulgate any further necessary and does not believe that Congress asked draft determinations, EPA set out its appropriate regulations under section EPA to evaluate the adequacy of section statutory analysis of the scope of the 112(m)(6), compared to the deadlines 112 authorities to apply to those section 112(m)(6) analytical mandate, section 112 sets forth for full sources. On the contrary, the most the authority under the other provisions implementation of the HAP program. reasonable interpretation is that of section 112 relative to that mandate, The first Report to Congress was due on Congress asked EPA to assess the and its draft conclusions regarding the adequacy of the complicated provisions adequacy of section 112 and the need 2 This latter task is required to be taken in added by the 1990 Amendments to for further regulations beyond those that assessing residual risk under section 112(f). section 112 applicable to sources that 14094 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices are within EPA’s jurisdiction under the section 112(a)(1) definition of Bay, another Great Waters water body, section 112. ‘‘adverse environmental effect’’ does not or a significant portion of such a water body. For example, EPA believes that it B. Definitions of Major Source and literally match the language describing could, in appropriate cases, employ its Adverse Environmental Effect the environmental effects in section 112(m)(6). Where the definition covers section 112 authorities to address The EPA’s first step in the statutory ‘‘significant and widespread adverse adverse environmental effects in concert analysis in the draft determination was effect(s),’’ section 112(m)(6) addresses with its efforts to establish total to assess the relevant definitional ‘‘serious or widespread environmental maximum daily loads (TMDL) under the provisions of section 112 (62 FR 36440– effects.’’ However, EPA stated that it Clean Water Act. As a result, EPA stated 36441, July 7, 1997). Section 112(a)(1) does not believe these differences its belief that the other provisions of defines the term ‘‘major source’’ as any impose meaningfully different section 112 that can be used to prevent stationary source or group of stationary standards. The Agency argued that the ‘‘adverse environmental effects’’ are sources located within a contiguous area standard imposed under section especially useful for addressing Great and under common control that emits or 112(a)(7) is substantially the same as Waters program concerns. has the potential to emit, considering that in section 112(m)(6), for purposes controls, in the aggregate, 10 tons per C. Listing of Pollutants and Sources of the adequacy determination. First, the year or more of any HAP or 25 tons per legislative history of section 112(m) The EPA then discussed the year or more of any combination of HAP suggests that Congress understood the provisions of section 112(b) and 112(c) (42 U.S.C. 7412(a)(1)). That definition language in section 112(m)(6) to have governing the listing of air pollutants as functions in part to establish the types HAP and the source categories to be of sources that will be subjected to the the same meaning as that used elsewhere in section 112 to describe regulated under section 112 (62 FR most stringent performance-based 36441–42, July 7, 1997). In addition to controls under section 112(d). The ‘‘adverse’’ environmental effects. Second, it seemed most reasonable to the list of HAP established by Congress Agency explained that the provision 5 interpret the ambiguous literal in section 112(b)(1), EPA is authorized also explicitly allows EPA to set lower under Act section 112(b)(2) to revise the emissions thresholds for determining differences in the two sections consistently in order to avoid the result list, by rule, to add new pollutants whether a source is major, which would which may present, through inhalation result in more source types being of concluding that Congress had charged EPA under section 112(m)(6) to prevent or other routes of exposure, a threat of subject to the more stringent adverse human health effects or adverse performance-based controls, based on environmental effects that are not actually ‘‘adverse.’’ Third, other environmental effects whether, through consideration of factors that are ambient concentrations, especially relevant for the Great Waters, language in section 112(m) itself indicates that the language should be bioaccumulation, deposition, or including potency and persistence of otherwise (42 U.S.C. 7412(b)(2)). In the particular HAP being emitted by the interpreted consistently in directing EPA to establish the Great Waters addition, under section 112(b)(3), EPA source category and the potential of the is required to add substances to the list HAP to bioaccumulate. This means that program in order to evaluate ‘‘adverse effects to public health or the upon a showing by outside petitioners the authority in section 112(a)(1) can be or on the Agency’s own determination used in conjunction with other environment caused by (HAP) deposition including effects resulting that ‘‘* * * the substance is an air provisions of section 112 (particularly pollutant and that emissions, ambient the provisions of section 112(d) and from indirect exposure pathways’’ (42 concentrations, bioaccumulation or 112(f)) to impose controls that could U.S.C. 7412(m)(1)(D)). Finally, EPA deposition of the substance are known help prevent the effects enumerated in stated that the use of the word to cause or may reasonably be section 112(m)(6). For example, the ‘‘widespread’’ as a necessary anticipated to cause adverse effects to factors set forth in section 112(a)(1) prerequisite in section 112(a)(7), while public health or adverse environmental could be relevant to EPA’s decisions it is just one of two possible effects.’’ (42 U.S.C. 7412(b)(3)). regarding the presence of residual risks prerequisites under a literal reading of Moreover, section 112(b)(5) specifically under section 112(f).3 section 112(m)(6), does not mean that in The EPA then analyzed the definition all cases ‘‘adverse environmental allows EPA to establish test measures of the term ‘‘adverse environmental effects’’ would have to occur in multiple and other analytic procedures for effect’’ contained in section 112(a)(7).4 geographic areas, or that impacts monitoring and measuring emissions, The EPA recognized that the language in experienced only in, for example, the ambient concentrations, deposition, and Great Lakes, the Chesapeake Bay, bioaccumulation of listed HAP (42 3 The Agency is directed to consider several another Great Waters water body, or a U.S.C. 7412(b)(5)). The Agency stated its factors in establishing standards to prevent adverse significant portion of such a water body belief that these provisions of section environmental effects. In relevant part section would have to be excluded. This view 112 provide adequate authority to 112(f)(2)(A) provides: ‘‘Emission standards identify and formally list any HAP promulgated under this subsection shall provide an was partly based on how the Agency has ample margin of safety to protect public health in interpreted the term ‘‘widespread’’ in which has the potential for causing the accordance with this section (as in effect before the other contexts to apply to economic effects enumerated in section 112(m)(6) date of enactment of the Clean Air Act impacts affecting a single community, due to atmospheric deposition. Amendments of 1990), unless the Administrator The EPA then described its authority determines that a more stringent standard is and on the fact that section 112(a)(7) necessary to prevent, taking into consideration itself provides as an example of to list categories and subcategories of costs, energy, safety, and other relevant factors, an ‘‘adverse environmental effects’’ major sources and area sources of HAP adverse environmental effect.’’ impacts on populations of endangered under section 112(c)(1), the section 4 42 U.S.C. 7412(a)(7) provides: The term 112(c)(2) requirement that EPA establish ‘‘adverse environmental effect’’ means any species, which are often likely to occur significant and widespread adverse effect, which in only limited geographic areas. emission standards under section 112(d) may reasonably be anticipated, to wildlife, aquatic Ultimately, EPA stated that it believes life, or other natural resources, including adverse 5 The list now contains 188 HAP, as a result of impacts on populations of endangered or threatened that the ‘‘widespread’’ criterion would EPA’s final decision to remove the compound species or significant degradation of environmental not exclude impacts that might occur in caprolactum from the section 112(b) list (61 FR quality over broad areas. one of the Great Lakes, the Chesapeake 30816 (June 18, 1996), codified at 40 CFR 63.60). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14095 for listed source categories, and the 112(d)(2) to promulgate emission 112(m)(6). In setting a section 112(f) provisions of this subsection that standards requiring the maximum standard to provide an ample margin of provide particular authority relevant to degree of HAP emissions reduction that safety to protect public health, EPA the Great Waters program. The Agency is achievable, taking into consideration would use a two-step process (54 FR noted that section 112(c)(6) requires that costs and other factors (42 U.S.C. 38083, September 14, 1989). First, the EPA identify and list for regulation 7412(d)(2)). These so-called ‘‘MACT’’ Agency would determine a ‘‘safe’’ or sources to assure that at least 90 percent standards are required by section ‘‘acceptable’’ risk level, based solely on of the aggregate emissions of each of 112(d)(3) to meet certain stringency health factors. Then, EPA would set the seven pollutants of concern to the Great criteria based on the best controlled standard at a level—which may be equal Waters are subject to section 112(d) sources in the source category, to or more stringent, but not less standards (42 U.S.C. 7412(c)(6)), and depending on whether sources are new stringent than the ‘‘safe’’ or that section 112(c)(5) provides broad or existing sources (42 U.S.C. ‘‘acceptable’’ level—that protects the authority to list additional categories 7412(d)(3)). The EPA noted that the Act public health with an ample margin of and subcategories of area sources of allows the Agency to focus these MACT safety. In determining the ample margin HAP any time EPA finds they present a standards on major sources, and that of safety, the Agency would again threat of adverse effects to human health area sources may be subject to less consider all of the health risk and other or the environment (42 U.S.C. stringent GACT standards under section health information considered in the 7412(c)(5)). Finally, EPA discussed the 112(d)(5). However, EPA retains the first step. Beyond that information, requirements under section 112(c)(3) discretion both to subject area sources to additional factors relating to the that the Agency first list each category MACT standards (e.g., 60 FR 4948, appropriate level of control would also or subcategory of area sources which 4953, January 25, 1995) where it is be considered, including costs and EPA finds present a threat of adverse appropriate to do so, and to establish economic impacts of controls, effects to human health or the lesser quantity emissions rates (LQER) technological feasibility uncertainties, environment warranting regulation for determining whether a source is and any other relevant factors. under section 112, and second, list major based on a HAP’s potency, Considering all of these factors, the sufficient categories or subcategories of persistence, potential to bioaccumulate, Agency would establish the standard at area sources to ensure that area sources or other factors. Finally, in a level that provides an ample margin of representing 90 percent of the area implementing the section 112(d) MACT safety to protect public health. Finally, source emissions of the 30 HAP that and GACT programs, section 112(e) in setting a more stringent section present the greatest threat to public requires that all emission standards for 112(f)(2) standard to prevent an adverse health in the largest number of urban listed categories be promulgated by environmental effect, EPA would areas are subject to regulation under November 15, 2000, and that EPA consider costs, energy, safety, and other section 112 (42 U.S.C. 7412(c)(3)). The consider known or anticipated effects of relevant factors. The EPA could even EPA recognized that under the HAP on public health and the tailor residual risk standards so that the provisions of section 112(c), it may list environment when determining regulations address effects that are only stationary sources for regulation priorities for promulgating section presented by a limited number of under section 112, and that the 112(d) standards (42 U.S.C. 7412(e)). sources over a limited geographical or provision does not reach mobile sources situational range. For example, EPA 2. Residual Risk Standards such as motor vehicles, aircraft, nonroad believes it could use its authority under engines, or locomotives. The EPA The EPA further explained that while the residual risk provisions to address explained, however, that other Act the vast majority of reductions in HAP adverse environmental effects to Great authorities exist that provide for emissions should be obtained through Waters water bodies, or other water regulation of those other types of section 112(d) programs, MACT and bodies, associated with deposition of sources, and that under the section GACT standards are not required to HAP emitted by particular sources. This 112(c) provisions, there would not be achieve health-based or environmental authority, especially, was the key to the any basis by which a category of quality-based results. However, the Agency’s draft determination that the stationary sources of HAP emissions of provisions of section 112 do provide other provisions of section 112 are concern for the Great Waters could another mechanism by which to protect adequate to prevent the effects set forth evade listing for regulation under public health and prevent adverse in section 112(m)(6). section 112. environmental effects, if necessary, after the application of MACT and GACT: the E. Other Relevant Provisions of Section D. Regulations to Control Emissions of section 112(f) residual risk program (62 112 HAP FR 36443–44, July 7, 1997). Under this The EPA also discussed the urban The EPA then analyzed the provisions authority, EPA is to adopt more area source program required by the of section 112 addressing control of stringent standards within 8 years after provisions of section 112(k) (which is HAP emissions from listed source adoption of MACT (and has discretion conducted in concert with the categories (62 FR 36442–44, July 7, to do so after adoption of GACT), if previously discussed section 112(c) 1997). There are two broad approaches necessary to provide an ample margin of source category listing program), the available under section 112: safety to protect public health or to section 112(n) provisions requiring EPA Performance-based MACT and generally prevent an adverse environmental effect to study and report on mercury and achievable control technology (GACT) (42 U.S.C. 7412(f)(2)). The Agency other HAP emissions from electric standards under section 112(d), and stated that it believes the residual risk utilities and other units, and the solid health-based and environmental quality- provisions of section 112, which also waste incineration units program under based residual risk standards under apply to sources regulated under the sections 111 and 129 of the Act (which section 112(f). solid waste incineration provisions of is subject to the section 112(f) residual sections 111 and 129, allow EPA to take risk program) (62 FR 36444–45, July 7, 1. MACT and GACT Standards necessary action to prevent any adverse 1997). These provisions, EPA stated, After listing pollutants and source environmental effect, including any of provide further authority to prevent the categories, EPA is required by section the enumerated effects in section effects enumerated in section 112(m)(6). 14096 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

For example, the urban area source A. Current Air Pollution Controls Are Many of the commenters interpreted the program could result in significant Inadequate, and EPA Should Institute draft determinations to amount to a reduction of polycyclic organic matter New Controls to Control HAP Emissions decision on the Agency’s part to (POM), one of the pollutants of concern that Harm the Great Waters maintain the ‘‘status quo’’ regarding control of HAP emissions that are for the Great Waters, if POM is 1. Summary of the Comments identified as one of the 30 most deposited into the Great Waters and that A majority of the comments from hazardous air pollutants emitted by area no further action, under any legal private citizens and environmental sources. Moreover, the application of authority, is needed in order to prevent advocacy groups asserted that current adverse impacts associated with HAP the section 112(f) residual risk program air pollution controls (i.e., current to the solid waste incineration unit deposition. This was not what EPA Federal and State regulatory programs) intended. Rather, EPA’s draft program (which by itself will result in of HAP emissions are not adequate to significant reductions in emissions of determinations reflect: (1) The Agency’s prevent the effects specified in section assessment of the strength of its existing Great Waters pollutants of concern, 112(m)(6). Many of these comments statutory authority under Act section particularly lead, cadmium, mercury, seem to interpret EPA’s notice as stating 112 enabling EPA to take action to dioxins and dibenzofurans) allows EPA that no further regulatory action ‘‘at all’’ prevent those effects; and, (2) whether to target particular sources whose under section 112 is needed, beyond regulatory action under its remedial emissions contribute to deposition- that which EPA has already taken. The authority in section 112(m)(6), in associated adverse effects. comments argue that adverse public addition to that which EPA can health and environmental effects in the F. Draft Conclusions otherwise take under section 112, is Great Waters have occurred and necessary and appropriate to prevent The EPA, therefore, stated its draft continue to occur as a result of those effects. Since EPA believes the determinations that: (1) the other atmospheric deposition of HAP, and legal authority provided by the other that, therefore, existing controls cannot provisions of section 112 are adequate provisions of section 112 is strong be adequate to prevent them. Many of to prevent serious adverse effects to enough to allow the Agency to prevent the comments request EPA to take public health and serious or widespread those effects, it also believes that specific actions such as the following: specific remedial regulations beyond environmental effects associated with (1) Reduce mercury emissions from the deposition of HAP which are those that can be issued under the other coal-burning power plants; (2) cut back provisions of section 112 are not needed emitted by stationary sources for which on dioxin emissions from incinerators; at this time. This does not mean that EPA has authority and jurisdiction to (3) reduce HAP emissions from steel EPA believes that the status quo should regulate; and, (2) as a result, no further mills; (4) eliminate non-industrial be maintained and that continued emission standards or control measures sources of HAP such as automobiles and regulatory action under section 112 and under section 112(m)(6), beyond those polluted sediments; (5) direct hospitals other legal authorities should not be that can otherwise be adopted under the and municipalities to increase source taken. other provisions of section 112, are reduction and recycling; (6) add more While not determinative of the issue necessary and appropriate at this time to chemicals (such as atrazine) to the list of whether the other provisions of of Great Waters pollutants of concern; prevent such effects. The EPA further section 112 are legally ‘‘adequate’’ (7) curtail air pollution from lead stated that even if the other provisions under section 112(m)(6), in response to of section 112 were found to be smelters, chemical plants, and petroleum refineries; (8) seek greater the many commenters’ requests for inadequate under section 112(m)(6), the specific action, EPA wishes to point out Agency did not believe it could authority to safeguard the environment from HAP emissions released in other that since the passage of the 1990 conclude confidently that further Amendments to the Clean Air Act, the emission standards or control measures countries; (9) take into account background levels of HAP that have Agency has taken and continues to take beyond those otherwise authorized by been already released; (10) shield the many actions under section 112 that are section 112 are now necessary and public from pesticides that evaporate designed and intended to achieve many appropriate, due to a continuing lack of from fields; (11) pursue additional of the results the commenters’ adequate scientific information scientific information on atmospheric requested. For example, EPA has issued regarding the relative contribution of air transport of persistent HAP and their several regulations that are currently emissions to adverse effects in the Great contribution to loadings in the Great being implemented and phased in that Waters. Waters and to known and perceived will substantially reduce HAP emissions impacts; (12) support legislation that and deposition to water bodies. The IV. Public Comments Received and EPA Synthetic Organic Chemical Responses makes it economically beneficial for industries to reduce emissions; (13) Manufacturing Industry rule (HON), is The EPA received over 450 written fund campaigns to inform the public as near full implementation and reduces HAP emitted by this industry by public comments on the draft to which companies are the worst HAP approximately 90 per cent (510,000 determinations from environmental polluters and which are looking for 6 alternatives; (14) regulate the use of tons) from 1994 levels. The Municipal advocacy organizations, industry trade Waste Combustors rule, which groups or individual companies, State uncovered lagoons on hog farms that contribute nitrogen to the atmosphere; governmental representatives, members 6 59 FR 19402(April 22, 1994), 59 FR 29196(June of Congress, and private citizens. The and (15) control HAP emissions from 6, 1994), 59 FR 48175(September 20, 1994), 59 FR arguments contained in these comments off-road vehicles such as snowmobiles 53359(October 24, 1994), 59 FR 54131(October 28, are organized below according to their and jet skis and all terrain vehicles 1994), 59 FR 54154(October 28, 1994), 60 FR (ATV). 5320(January 27, 1995), 60 FR 18020(April 10, themes. 1995), 60 FR 18071(April 10, 1995), 60 FR 2. EPA’s Response 63624(December 12, 1995), 61 FR 31435(June 20, 1996), 61 FR 7716(February 29, 1996), 61 FR The EPA wishes to clarify the scope 64572(December 5, 1996), 62 FR 62722(January 17, and purpose of the draft determinations. 1997). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14097 addresses sources that account for over mercury, lead, and cadmium) under the currently engaged in a number of other 60 per cent of the total estimated 1990 auspices of the Long Range Act activities which will reduce national dioxin emissions and almost 19 Transboundary Air Pollution working deposition of nitrogen pollution to Great per cent of the estimated 1990 national groups of the UN/ECE. In addition, on Waters. For instance, EPA recently anthropogenic mercury emissions, is April 7, 1997, the United States and issued a proposed rule that would expected to reduce dioxin emissions by Canada signed the Great Lakes significantly reduce regional transport 99 percent and mercury emissions by 90 Binational Toxics Strategy (Binational of NOX in the Eastern States, which if percent from 1990 levels for these Strategy), initiating a coordinated effort adopted and implemented would sources when fully implemented by to reduce toxic substances affecting the reduce nitrogen deposition associated 7 December 2000. Similarly, the final Great Lakes Basin. This strategy targets with NOX emissions during the summer standards for Hospital/Medical several of the Great Waters pollutants season (May–September), and Infectious Waste Incinerators (62 FR (e.g., dieldrin, chlordane, DDT, subsequent impacts on the Chesapeake 48348, September 15, 1997), when hexachlorobenzene, alkyl-lead, PCBs, Bay and other coastal estuaries (62 FR implemented by September 2002, are dioxins and furans, toxaphene, and 60318, November 7, 1997). In addition, expected to reduce dioxin and mercury mercury and mercury compounds) and title IV of the Act reduces nitrogen by 94 percent and 95 percent, includes the goal of a 50 per cent deposition by establishing a 2 million respectively, from subject sources. reduction in the deliberate use of ton reduction target in NOX emissions These sources account for mercury and a 50 per cent reduction in nationwide, in combination with other approximately 10 per cent of the the release of mercury caused by human provisions of the Act (42 U.S.C. 7651(b); estimated 1990 national mercury activity by 2006. 61 FR 67112, 67116 (December 19, emissions to the air and 11 per cent of Building on the binational strategy, 1996)). A recent ruling was issued the estimated 1990 national dioxin EPA is developing a multimedia, agency upholding EPA’s emission limits and emissions. The Primary Aluminum wide strategy for addressing priority January 1, 2000 compliance date for Industry MACT rule (62 FR 52384, persistent, bioaccumulative, and toxic coal-fired electric utility boilers October 7, 1997) is expected to reduce (PBT) chemicals. Through this effort, (Appalachian Power Co. v. EPA, No. 96– POM emitted by this industry by 50 EPA is developing action plans for 1497 (D.C. Cir., February 13, 1998)). percent, or 2000 tons per year. priority substances, namely ‘‘Level 1’’ This ruling supports using multiple Section 112 also requires EPA to substances found in the Binational public health and environmental conduct a study to evaluate the public Strategy, emphasizing pollution benefits as justification for regulatory health impacts of emissions of HAP, prevention and enlisting the actions under the Act. Also, including mercury and dioxins, from participation and involvement of all implementation of EPA’s recently power plants (section 112(n)(1)(A)). The interested stakeholders to effect issued revised national ambient air report, released in early 1998, provides reductions. This effort takes an quality standards (NAAQS) for ozone an assessment of the health effects of innovative, pollution prevention and particulate matter will reduce HAP emitted from power plants. Under approach toward reducing persistent, nitrogen deposition (in the form of NOX) section 112(f)(1), EPA will also issue, in toxic substances. This effort envisages to the Great Waters. One EPA estimate 1998, a report on the methods and working with all the Regions to reach all of the impact of the Act activities significance of risks to public health and interested stakeholders (e.g., industry, projects up to a 30 per cent reduction the environment which may remain environmental groups, States, Tribes of annual nitrogen deposition to the after application of standards to sources and the public) to build partnerships Chesapeake Bay (U.S. EPA, (1997), subject to regulation under section and to work on voluntary reduction Regulatory Impact Analysis for the 112(d). In addition, EPA expects to projects. Although pollution prevention Particulate Matter and Ozone National finalize, in 1998, emission standards for and voluntary approaches are the Ambient Air Quality Standards and hazardous waste combustors, which preferred method of targeting Proposed Regional Haze Rule; Office of includes incinerators and cement kilns, substances, the Agency will use its full Air Quality Planning and Standards; and accounts for over 4 per cent of the complement of regulatory and non- Washington, DC; docket A–95–58, item estimated total national mercury regulatory tools to achieve reductions. #IV–A–13). emissions (1990 baseline). Furthermore, EPA is taking advantage The EPA, through international Furthermore, the recently issued of opportunities to reduce multimedia organizations such as the International ‘‘Clean Water Action Plan,’’ is an contamination, such as through the pulp Joint Commission and the United aggressive plan to, among other things, and paper ‘‘cluster’’ of rules developed Nations Economic Commission for reduce toxic contaminants in our water 8 # Europe (UN/ECE), has taken a lead role jointly by EPA’s Air and Water Offices. and fish (document EPA–840-R–98– in international strategies to reduce These rules are expected to result in a 001 (Feb.14, 1998)). The plan identifies HAP of concern to the Great Waters. For 74 per cent reduction from a 1995 several key actions of EPA and other example, EPA is participating in the baseline in dioxin releases from these Federal agencies that address the Great current negotiations on international sources to water when fully Waters pollutants: protocols for persistent organic implemented in 3 to 6 years. —The EPA will evaluate the linkage of pollutants (which include chlordane, While nitrogen compounds are not air emissions to water quality impacts DDT, dioxins and furans, dieldrin, listed as HAP, under the discretionary to help determine appropriate hexachlorobenzene, authority provided to the Administrator reduction actions in the context of the hexachlorocyclohexane (primarily under section 112(m), these compounds ‘‘Total Maximum Daily Load’’ lindane), and polychlorinated biphenyls have been identified as pollutants of program which directs States to (PCB)) and for heavy metals (i.e., concern in both Great Waters Reports to identify all sources of pollutants to an Congress. The EPA has taken or is impaired water body and to develop 7 60 FR 65387(December 19, 1995), 55 FR a plan to remedy the impairment. 8 5488(February 11, 1991), 60 FR 65382(December 19, See 61 FR 36835, July 15, 1996, for the proposed —The EPA and NOAA will conduct a 1995), 61 FR 18260(April 25, 1996), 61 FR water rule and 61 FR 9383, March 8, 1996 for the 18260(April 25, 1996), 62 FR 45116(August 25, proposed air rule. Expected promulgation for national survey of mercury and other 1997), 62 FR 45124(August 25, 1997). ‘‘cluster’’ is March 1998. contaminant levels in fish and 14098 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

shellfish throughout the country owned treatment works about its obligations under section 112(m)(6). during the period 1998–2000. This preventing mercury pollution in As stated in the draft determination effort will be coordinated with State sewage discharges, and revise water notice, if, subsequent to issuing these and tribal efforts to maximize quality criteria development plans, as final determinations, it becomes geographic coverage. appropriate. apparent through implementation of the —The EPA is considering changing the —The EPA will seek reductions in uses other provisions of section 112 or other reporting requirements for mercury of mercury. These use reduction events that the Agency was incorrect in and other Great Waters pollution measures will reduce the levels of its initial assessment of its legal under the Toxic Release Inventory mercury in waste streams, as well as authorities, EPA could revisit and which could result in additional the danger of accidental releases. reverse them and, if necessary and reporting of releases of the Great Generally, EPA will look to voluntary appropriate, promulgate further Waters pollutants. rather than regulatory approaches to regulations under section 112(m)(6). In —The EPA will work with NOAA and reduce mercury use. addition, EPA’s ability to accommodate other Federal agencies, States, Tribes, The EPA stresses that its continued the commenters’ requests at this time is and other interested parties to adopt, development and implementation of the significantly constrained by the consent by December 1999, nationally MACT program and other programs decree entered in Sierra Club, et al v. consistent processes for monitoring under section 112 will significantly Browner, Civ. No. 96–1680 (D.C.C.). The water quality and fish tissue, and reduce HAP emissions, and that today’s schedule for EPA actions agreed to by review EPA guidelines for decision- determinations should in no way be the parties in settlement of that case making on issuance of fish viewed as EPA’s conclusion that no requires EPA to issue the consumption advisories. The EPA further work under section 112, or determinations by March 15, 1998. This will support State actions, and, after elsewhere under the Act, needs to be date is well in advance of full consultation with the State, will issue done. As EPA implements section 112 implementation of the MACT program fish consumption advisories if a State programs and other programs which and the statutory deadlines for the fails to do so. address Great Waters pollutants of residual risk program, and, therefore, —The EPA will release the concern, it will take under advisement makes it impossible to evaluate the Contaminated Sediment Strategy that the many useful suggestions provided regulatory actions EPA is taking under will coordinate its programs to by the commenters. section 112 in these determinations. address the following goals: (1) Preventing the volume of B. Timing of Determinations under C. Scope of Analysis contaminated sediment from Section 112(m)(6) 1. Summary of the Comments increasing; (2) reducing the volume of existing contaminated sediment; (3) 1. Summary of the Comments Numerous comments were submitted ensuring that sediment dredging and A State regulatory agency and an in response to the draft determination’s disposal are managed in an environmental group submitted separate discussion of the scope of the analysis environmentally sound manner comments questioning the required by section 112(m)(6). The first consistent with the needs of appropriateness of the timing of the area commenters addressed regarded waterborne commerce; and (4) draft determinations, and requesting EPA’s view that section 112(m)(6) developing scientifically sound that final determinations be deferred charges the Agency to assess the sediment management tools for use in until after further implementation of the underlying statutory authorities of pollution prevention, source control, other provisions of section 112. The section 112, rather than the regulatory remediation, and dredged material commenters argued that it is not programs EPA has established pursuant management. possible for EPA to have made a proper to those provisions. The second area —In 1998, EPA will initiate place-based determination of its regulatory success regarded EPA’s focus on the ability of contaminated sediment recovery at this point, since development of the the Agency to use section 112 to address demonstration projects in five MACT program will occur up through emissions from just domestic stationary watersheds selected from those the year 2000. The commenters feared sources of HAP, rather than either identified in EPA’s National Inventory that making a determination solely foreign, mobile, and/or non-HAP of Sediment Quality as being of the regarding statutory authorities may sources. greatest concern. Remediation efforts preclude EPA from ever promulgating a. Statutory Authorities. State, will be coordinated with Federal remedial standards in the future. environmental group, and congressional natural resource trustees. commenters questioned whether EPA’s —With regard to mercury, the Clean 2. EPA’s Response focus on the underlying statutory Water Action Plan states that: ‘‘A The EPA continues to believe that the provisions of section 112, rather than on balanced strategy which integrates more reasonable interpretation of both the regulatory programs that implement end-of-pipe control technologies with the language of section 112(m)(6) and section 112, was appropriate and material substitution and separation, the subsection’s deadlines for action is consistent with congressional intent. design-for-environment, and as a mandate that EPA evaluate the They argued that an assessment of fundamental process change underlying statutory authority provided statutory authorities serves little approaches is needed.’’ The plan calls by the other provisions of section 112 to purpose to control HAP emissions if not for the following actions with respect prevent the enumerated effects, rather accompanied by an analysis of the to mercury, in addition to those noted than an assessment of the actual success adequacy of the implementation of the above: of implementing measures to prevent regulations adopted under those —The EPA will publish new analytical them. While the commenters are correct authorities. Some asserted that the methods for mercury, expand that any assessment of the success of the statutory deadline Congress imposed for compliance and enforcement implementation of section 112 could not making the determination, and the activities for direct and indirect occur prior to full development of the directive that the determination be dischargers of mercury into surface program, EPA does not believe that this made as part of the Report to Congress, waters, expand outreach to publicly fact prevents the Agency from fulfilling shows EPA’s statutory analysis was to Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14099 be melded with a factual inquiry into objecting to the draft determinations 9 any revisions to any Federal statutes what effects are occurring and what (letter to Carol Browner dated October 3, into the more specific section 112(m)(6) measures are needed to prevent them. 1997, docket item #IV–G–474). An determination of the adequacy of Some also argued that the statutory 1995 assessment of EPA’s statutory authority section 112, EPA was violating not only deadline for further measures, if any, under the Act is not sufficient, in their section 112(m) but also the consent under section 112(m)(6), means that view, since EPA may never exercise decree in Sierra Club v. Browner. some of that authority or may do so EPA was not free to defer the control of 2. EPA’s Response HAP deposition to other section 112 under a protracted time frame which rules that will not be in place until later may not be acceptable to their a. Statutory Authorities. The EPA years, and that any section 112 constituents. stands by its view that section 112(m)(6) provisions that provide discretionary b. Stationary Sources of HAP. State mandates that the Agency evaluate the authority to act cannot be relied upon to and environmental group commenters underlying statutory authority provided support the adequacy of section 112 in argued that EPA should have included by section 112, rather than the success light of the directive language in section a discussion of all sources of HAP of regulations adopted in 112(m)(6). Some then objected to EPA’s emissions that deposit to the Great implementation of the Act, in making the adequacy determination. The EPA view that section 112(m)(6), rather than Waters in the adequacy determination. appreciates the comments that imposing an absolute requirement to By excluding mobile sources, foreign presented concerns regarding the promulgate further regulations, sources, and contaminated sediments, ‘‘practicality’’ of the adequacy establishes a duty to determine whether since they cannot be regulated under determination, but EPA continues to any further emission standards or section 112, EPA cannot make a proper analysis of section 112 authorities that believe that the statutory language of control measures are necessary and apply to major and area stationary section 112(m)(6) supports the Agency’s appropriate. sources, they argued. Some of these approach. The introductory language of In support of these arguments, commenters disagreed with EPA’s view section 112(m)(6) requires the environmental group commenters made that section 112 authorities can be Administrator to determine whether several assertions. First, they stated that applied only to domestic stationary ‘‘the other provisions of this section’’ EPA cannot substitute its own sources, and with EPA’s reading of the are adequate to prevent the enumerated interpretation for the plain words of the section 112(m)(6) remedy to adopt effects (emphasis added). This is an statute, and that an agency can neither further emission standards or control explicit reference to the other statutory enlarge upon nor narrow the terms of a measures ‘‘in accordance with’’ section subsections and paragraphs of section statute. Second, they argued that the 112 as meaning that such measures 112, rather than to administrative legislative history to section 112 shows must be limited to domestic stationary regulations adopted pursuant to the Act. that EPA must consider the sources of HAP. The EPA believes that this language in effectiveness of regulations adopted One commenter presented a lengthy the introduction of section 112(m)(6) under section 112 in the determinations. argument that the determination should means that the Agency was directed to For example, one commenter cited the not be limited to HAP, but should also determine whether the provisions of House Report’s statement that ‘‘[t]his include non-HAP pollutants of concern section 112 itself provide sufficient subsection is intended to provide the for the Great Waters, such as NOX. This authority to prevent the effects specified Administrator with the responsibility view was based on the fact that EPA has in section 112(m)(6). If Congress had and authority to promptly evaluate the the discretion to include non-HAP in its intended EPA to take another meaning sufficiency of the regulatory structure ongoing implementation of the Great from this language, it would have provided under section 112 * * *, Waters program and is directed in the established the mandate in such a giving special emphasis to the effects section 112(m)(5) provisions regarding manner as to clearly refer to subsequent associated with the bioaccumulation of Reports to Congress to focus on the regulatory actions as being the focus of hazardous air pollutants’’ (H.Rep. 101– effects of any air-deposited pollution the determination, in addition to 490, p. 3360), and other statements that into the Great Waters. This latter establishing a deadline for such a the commenter interprets as showing provision, the commenter pointed out, determination after that regulatory Congress assumed EPA would be in a broadly requires EPA to describe any program had been established. position, by 1995, to evaluate a revisions to Federal statutes as are Moreover, even if EPA is incorrect in regulatory structure that had not yet necessary to assure protection of human its interpretation of the introductory been established. Third, the commenters health and the environment. The phrase ‘‘other provisions of this argued that the Act required EPA to commenter then claimed that since EPA section,’’ or if the language is ambiguous have already implemented ‘‘the highest has exercised its discretion to address and susceptible to more than one meaning, EPA continues to believe that priority provisions’’ of section 112 by deposition-related impacts from NOX in the rest of section 112(m)(6) supports November 15, 1995, and that EPA could its Great Waters monitoring work and EPA’s interpretation of the introductory have in fact evaluated the effectiveness ongoing implementation of sections phrase of this ambiguous statutory of their subsequent implementation by 112(m)(1)–(5), the Agency cannot paragraph, which is somewhat 1995. Fourth, some commenters argued exclude NOX from the section 112(m)(6) grammatically and syntactically that the Act required EPA to regulate determination of whether section 112 is awkward (e.g., Appalachian Power Co. pursuant to section 112(m)(6) in adequate. This commenter suggested v. EPA, No. 96–1497 (D.C. Cir., February advance of developing the broader that by not importing the section 13, 1998)). The subsection requires EPA section 112 program. Finally, the 112(m)(5) duty to report on the need for to have made the determination at a commenters infer that the timing of 9 point in time before full development of actions required under section 112 is This letter was signed by Senators John Glenn, Jim Jeffords, Carol Moseley-Braun, Carl Levin, Herb the section 112 regulatory program. The just as much an ‘‘adequacy’’ issue as is Kohl, and Daniel P. Moynihan, and by Agency’s view is also supported by the the Agency’s ability to regulate at all. Representatives Steven LaTourette, Lane Evans, Sander Levin, Louise M. Slaughter, John Conyers, fact that the 1990 Amendments In addition, several members of Maurice Hinchey, James Oberstar, Sherrod Brown, represented a fundamental overhaul of Congress sent a joint letter to EPA Lynn N. Rivers, Bart Stupak, and Louis Stokes. the approach to regulating air toxics, 14100 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices and it was reasonable for Congress to Waters,10 the deadline for promulgation sections 112(i)(1)–(8).11 If EPA were to have been uncertain as to whether the of any further regulations does not perform an analysis of the actual new fleet of provisions in section 112 imply a deadline for either achieving effectiveness of its regulations in were sufficient to address HAP that protection or for source compliance preventing effects, it would presumably deposition. For this reason, EPA with further measures. be more possible to do so after the disagrees with assertions that an The EPA does not find the legislative Agency had an opportunity to assess assessment of the legal authority granted history cited by the commenters to progress made as a result of source by the other provisions of section 112 conflict with EPA’s reading. While the compliance with the standards. Thus, serves little purpose. As stated in the quoted language in the House Report even though some of the standards draft determination, section 112(m)(6) could be interpreted as the commenter under section 112(e) may have been due directed EPA to do an early, pre-full suggests, EPA notes that the discussion before, at the same time as, or soon after implementation analysis of the new in the House Report also assumed that 1995, the factual information needed to legal authority provided by the EPA would be issuing the report and evaluate the actual effectiveness of the substantial and complex revisions to determination within 2 years after developing regulatory programs would section 112 enacted in the 1990 passage of the 1990 Amendments, and not be available for several years after the deadline for the determination. Amendments. If the Agency concluded after an opportunity for public comment Congress clearly understood that by those new provisions could not be (H.Rep. 101–490, p. 336). This even prescribing a schedule in which EPA employed to prevent the enumerated more abbreviated schedule would have would promulgate standards over no effects, EPA interprets the Act as compounded the impossibility of less than 10 years, full control of HAP directing it to take necessary and assessing the adequacy of a not-yet- emissions from covered stationary appropriate further regulatory action adopted regulatory program, and EPA that was not otherwise contemplated by sources could not be achieved doubts that the Congress as a whole, or immediately. Section 112 does not those other provisions to fill the even the entire House of identified gap by November 15, 1995. impose any barriers on EPA which Representatives, interpreted section prevent it from taking actions in The schedule for this analysis and the 112(m)(6) consistently with the establishment of gap-filling further advance of statutorily prescribed commenter’s reading. The other deadlines in those instances where the regulations under section 112 ensures passages cited by the commenter that if EPA concluded that the Agency believes that early action is reiterate that if EPA finds the Act does necessary to achieve the purpose of the substantial rewrite of section 112 was not adequately prevent adverse effects not sufficient to protect the Great Waters section. Thus, EPA believes that it of HAP deposition, EPA is to take cannot determine that the authorities from HAP deposition from stationary further necessary and appropriate sources, EPA would be able to take available to it under section 112 are action—but, again, it is the adequacy of inadequate based on possible concerns administrative action to meet this section 112 itself and the existence of environmental objective without having about whether the schedule prescribed adverse effects that are at issue and by Congress is sufficiently rapid. To do to return to Congress to seek further discussed in these passages, rather than statutory authority. so would implicitly raise the question as the post-enactment development of to why Congress also directed the The EPA believes that the first two regulatory programs under the Act. Agency to make the adequacy Reports to Congress do reflect a While some of the deadlines for some determination in section 112(m)(6). substantial factual inquiry into the regulatory actions under section 112(e) The EPA also disagrees with effects of HAP deposition to the Great did fall before November 15, 1995, commenters who argued that EPA was Waters, and EPA’s assessment of its promulgation alone of a standard under directed to assess the particular legal authority under the other section 112(d) may not yield the authority added by section 112(m)(6) provisions of section 112 was information needed to assess its success and implement it first, before influenced by that inquiry. But EPA in actually preventing certain effects development of the broader section 112 disagrees with the commenters who that the standard may have been program. Such a reading renders the read the regulatory deadline in section expected to achieve at promulgation. duty to assess the adequacy of the 112(m)(6) as meaning that EPA may not This is because, under section 112(i), ‘‘other provisions’’ of section 112 rely upon either later-in-time or varying deadlines for compliance with meaningless. As mentioned above, the discretionary authority under section promulgated standards apply, based on statute and the legislative history show 112 in support of the section’s whether a source is new or existing, that EPA is to first determine whether adequacy. The language in section whether it achieves early reductions of the other provisions of section 112 are 112(m)(6) in no way puts discretionary HAP emissions, whether additional time adequate and whether further authority under section 112 off limits to install controls is needed, and other regulations as provided by section for purposes of the adequacy factors as specified, for example, in 112(m)(6) are needed, before issuing any determination. It does not follow that such regulations. This basic structure is simply because such action can be taken 10 One commenter misinterprets the point of reflected in the consent decree. after November 15, 1995, that Congress EPA’s citation to Environmental Defense Fund v. Finally, EPA respectfully disagrees either excluded those provisions from Thomas, 870 F.2d 892, 898–900 (2nd Cir. 1989). with the members of Congress who The EPA cited this case in support of the the scope of the adequacy determination proposition that section 112(m)(6), rather than commented that EPA’s approach is or required EPA to conduct an establishing an absolute requirement to promulgate based on a ‘‘technicality’’ in the assessment other than of the statutory further emission standards and control measures, language of section 112(m)(6). As stated provisions of section 112. Moreover, requires EPA to initially determine whether such above, EPA does not agree that section measures are necessary and appropriate. The EPA while section 112(m)(6) establishes a did not mean to imply that EPA’s action to make 112(m)(6) is appropriately interpreted as duty to determine whether it is this determination could not be compelled under necessary and appropriate to take Act section 304. However, EPA does not agree with 11 For example, note that section 112(i)(3) further action to prevent adverse effects the commenter that EPA’s determinations under provides that existing sources may have up to 3 section 112(m)(6)are reviewable final actions under years to comply with new standards, and that this from HAP deposition to the Great section 307 of the Act. period may be extended in certain cases. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14101 excluding discretionary authority The Agency believes that Congress reading of the mandate of section provided by section 112 from the scope could not have intended this result, 112(m)(6) that the regulatory remedy be of the adequacy determination, since the especially in light of the fact that the ‘‘in accordance with’’ section 112 is as broad, unqualified phrase ‘‘other determination was due under the statute a limitation on the sources of HAP that provisions of this section’’ does not in advance of the majority of EPA’s final EPA is to include within the scope of imply that EPA must assess only the actions under section 112 being taken the determination. Under EPA’s reading, provisions that EPA may be compelled and implemented. the scope of Congress’s question to implement. The EPA disagrees with b. Stationary Sources of HAP. The regarding the adequacy of section 112, the argument, which some commenters EPA continues to believe that the proper and the scope of the remedy Congress made, that only the mandatory focus in assessing the adequacy of allowed EPA to establish if section 112 provisions under section 112 be section 112 under section 112(m)(6) is is inadequate, are consistent, and the included in the adequacy on HAP emissions from sources that are further regulations adopted under determination. This is because the within EPA’s jurisdiction to regulate section 112(m)(6) could be crafted to under section 112. This means that EPA discretionary provisions provide address whatever deficiency EPA would is not required to determine whether the specific authority to address adverse have found in the other provisions of provisions of section 112 are adequate effects and because section 112(m)(6) section 112 itself. If Congress had to control HAP emissions from mobile itself allows EPA to exercise some intended EPA to include non-section discretion in determining whether any sources, HAP emissions from non- domestic sources, recycling of HAP 112 sources within the scope of the further regulations are necessary and determination, in order to allow EPA to appropriate, even if the other provisions historically introduced to the environment that cannot be controlled apply the section 112(m)(6) remedy to of section 112 are not adequate. though regulation of stationary sources, the deficiency caused by the failure of Therefore, EPA continues to believe the or non-HAP emissions from all sources. section 112 to extend to such sources, scope of the draft determination was The EPA believes this interpretation is Congress would not have limited its correct in evaluating the statutory clear from the statutory language scope to further regulations under authorities provided by section 112, directing EPA, in the case of an section 112. rather than the regulatory actions taken ‘‘inadequacy’’ determination, to issue The EPA disagrees with arguments under the section, and EPA continues to necessary and appropriate further that Congress intended that EPA could rely on its analysis (62 FR 36438–39, regulations in accordance with section July 7, 1997). use section 112-like procedures to list 112, and from the fact that section other types of sources and establish In addition, EPA notes that 112(m)(6) directed EPA to assess the section 112 controls for them. The Clean interpreting section 112(m)(6) to require adequacy of section 112 rather than that Air Act establishes a distinct separation an assessment of the success of EPA’s of the Clean Air Act as a whole. The of the stationary source and mobile regulations implementing section 112 EPA disagrees with assertions that a source programs, under which single could frustrate the jurisdictional scheme proper analysis of section 112 sources are to be regulated under either established in the Act for judicial provisions applicable to major and area the mobile source or stationary source review of EPA’s substantive actions. stationary sources cannot be performed programs.13 This separation is due to the without considering emissions from Standards under section 112 are subject fundamental differences in approach of non-section 112 sources, and with the to judicial review in the Court of the two programs. The stationary source view that the section 112(m)(6) remedy Appeals under section 307(b)(1) of the program generally applies to owners Act. A petition for review must be filed may apply to sources other than domestic stationary sources of HAP. In and operators of stationary sources, within 60 days from the date notice of while the mobile source program the final action appears in the Federal contrast, including non-section 112 sources within the scope of the generally applies to manufacturers of Register. This short window of engines and vehicles that are sold in opportunity to challenge final assessment of whether section 112 is United States commerce (without regulations is time limited in part so adequate might arguably force an generally regulating operation of those that standards do not become the ‘‘inadequacy’’ determination, since it mobile sources). Under the commenter’s subject of review in subsequent goes without saying that section 112 reading, this separation would fall. The implementation, such as in enforcement cannot be used to regulate HAP EPA also believes section 112(m)(6) actions or in applicability emissions from such sources. This could could not possibly be interpreted as determinations, with possibly disastrous then result in the confounding situation conferring jurisdiction to regulate and inconsistent programmatic that if HAP emissions from those non- consequences. If today’s action were to section 112 sources cause section 112 to sources that are outside the scope of the be treated as a referendum on EPA’s be inadequate, EPA would be required Clean Air Act entirely (e.g., foreign individual regulatory actions, to establish further controls applicable sources) or activities that do not fit amounting to a wholesale reopening of only to section 112 sources in order to within either of the basic regulatory the regulations themselves, the goals of remedy the deficiency, even if doing so approaches of the Act (e.g., background section 307(b) of ensuring the ‘‘finality’’ could not achieve the desired result. concentrations of HAP in the of EPA’s actions and of circumscribing Moreover, section 112(m)(6) provides the methods by which those actions can authority to establish further regulations 13 See, e.g., section 111(a)(3), defines ‘‘stationary 12 only ‘‘in accordance with’’ section 112, source’’ for purposes of section 112: ‘‘The term be reviewed, could be circumvented. ‘stationary source’ means any building, structure, and does not itself enable EPA to adopt facility, or installation which emits or may emit any 12 As noted above, EPA does not believe that regulations applicable to sources air pollutant. Nothing in title II of this Act relating today’s notice, in that it is a supplement to the covered by other titles in the Act (or not to nonroad engines shall be construed to apply to second Report to Congress, is a judicially covered at all by the Act). Therefore, stationary internal combustion engines.’’ 42 U.S.C. reviewable final action under Act section 307(b). 7411(a)(3), 7412(a)(3). See also section 216(11), But if a reviewing court were to find it had EPA believes that the more reasonable defining ‘‘nonroad engine’’ as ‘‘an internal jurisdiction to review the contents of the combustion engine * * * that is not subject to determination, and the determination regarded the limitations provided by section 307(b) could be standards promulgated under section 111 * * *.’’ adequacy of regulatory final actions, the statute of undermined. 42 U.S.C. 7550(11). 14102 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices environment that do not constitute nothing to extend the language of of ‘‘or’’ should not automatically render either stationary or mobile sources). section 112(m)(6) to cover non-HAP it as applying differently than the The EPA also disagrees with pollutants. definition of ‘‘adverse environmental commenters who argued that the Therefore, EPA continues to believe effect.’’ that the approach taken in the draft adequacy determination should cover 2. EPA’s Response pollutants that are not listed as HAP. determinations to focus on only While the other paragraphs in section domestic stationary sources of HAP was The EPA continues to believe that the 112(m) allow EPA to exercise discretion correct. Today’s section 112(m)(6) scope of the term ‘‘adverse to study and report on the impacts of determinations consequently are limited environmental effect’’ defined in section deposition of non-HAP such as nitrogen to consideration of the adequacy of the 112(a)(7) applies just as broadly as the compounds, section 112(m)(6) is other provisions of section 112 to language in section 112(m)(6) directing explicit in stating that EPA is to prevent the enumerated effects EPA to address ‘‘serious or widespread determine whether section 112 is associated with HAP emissions from environmental effects.’’ The Agency adequate to prevent effects associated sources that are within the scope of recognizes that the language of the two with HAP deposition, and does not EPA’s section 112 regulatory authority sections is literally different. But EPA require EPA to include within the scope (62 FR 36438–39, July 7, 1997). also urges that the presence of that of the determination other pollutants difference reveals a substantial degree of D. Definition of Adverse Environmental ambiguity in the statutory language that the Agency has chosen to address under Effect other aspects of the Great Waters EPA, in implementing section program. The EPA, having exercised its 1. Summary of the Comments 112(m)(6), must reasonably interpret (Chevron U.S.A., Inc. v. NRDC, 467 U.S. discretion to address NOX under section Environmental group commenters 112(m)(1)–(4), is required under section 837 (1984)). objected to EPA’s interpretation that the The EPA does not agree that the use 112(m)(5) to report to Congress on the language in the section 112(a)(7) of ‘‘or’’ in section 112(m)(6), combined results of any monitoring, studies, and definition of ‘‘adverse environmental with the subsection’s explicit reference investigations regarding NOX conducted effect’’ applies to as broad a set of to indirect exposure pathways and under section 112(m). That report is environmental impacts as does the bioaccumulation, means that it must be required to include, among other things, language in section 112(m)(6) interpreted as specifically providing a description of any revisions to existing addressing ‘‘serious or widespread EPA more authority to address impacts Federal law EPA identifies as necessary environmental effects’’ associated with from HAP deposition than is provided to assure protection of human health HAP deposition. They did not agree otherwise under section 112. The EPA and the environment (42 U.S.C. with EPA that the language in the two does not believe that impacts resulting 7412(m)(5)(E)). However, the separate subsections functions interchangeably, from indirect exposure pathways or and distinct requirement in section primarily because section 112(m)(6) bioaccumulation are excluded from the 112(m)(6) that EPA determine the uses the word ‘‘or’’ to link ‘‘serious’’ scope of the definition of ‘‘adverse adequacy of section 112 refers only to with ‘‘widespread’’ environmental environmental effect.’’ This is partly deposition of HAP, without the effects, rather than the word ‘‘and.’’ (In because several other provisions of reference to the discretionary authority contrast, section 112(a)(7) defines section 112 reveal Congress’ broader to study non-HAP under the other ‘‘adverse environmental effect’’ to mean concerns with these aspects of HAP provisions of section 112(m). Moreover, ‘‘any significant and widespread emissions, such as the section 112(a)(1) as discussed above, the remedy for an adverse effect, which may be reasonably definition of ‘‘major source,’’ 15 the inadequacy determination is further anticipated, to wildlife, aquatic life, or section 112(b)(2) criteria for adding regulation under section 112, which can other natural resources, including pollutants to the HAP list,16 and the only address pollutants that have been adverse impacts on populations of section 112(m)(1)(D) directive that EPA listed as HAP.14 Since the rulemaking endangered or threatened species or assess adverse effects to the procedures and criteria for listing a significant degradation of environment from HAP deposition.17 pollutant are clearly set forth in section environmental quality over broad Since EPA is clearly empowered to 112(b), EPA does not believe it would areas.’’) The commenters argued that an consider these factors when have the legal authority to grant HAP environmental impact could qualify implementing the broader section 112 status to a pollutant merely by exercise under the former test while not under program, the fact that section 112(m)(6) of its discretion to include a non-HAP the latter, meaning that the universe of also explicitly refers to them does not within the scope of its monitoring and effects under the definition of adverse mean that it provides greater authority studying functions under the Great environmental effect is necessarily than section 112 otherwise does in Waters program. For a nitrogen narrower than the universe of effects allowing EPA to prevent ‘‘adverse compound, e.g., NOX, to come within section 112(m)(6) addresses. The environmental effects.’’ In fact, the the scope of the section 112(m)(6) commenters asserted that under EPA’s broader language in section 112(a)(7) determination and possible remedy, it interpretation, EPA could not, for referring to ‘‘any’’ enumerated effect would first have to be listed as a HAP example, prevent effects of mercury pursuant to section 112(b). Further, EPA deposition in the Everglades on 15 As mentioned above, section 112(a)(1) allows disagrees with assertions that by alligators or protect a particular EPA to establish LQER for determining whether a excluding NOX from the scope of the ecosystem such as one of the Great source is major, based on such factors as adequacy determination, it is violating Lakes or even the Great Lakes ecosystem persistence, potential for bioaccumulation, or other the consent decree in Sierra Club v. relevant factors. as a whole. The commenters cited 16 Sections 112(b) (2) and (3) require evaluation Browner. The consent decree does legislative history that they believe and revision of the list based on factors such as supports the view that Congress exposure pathways other than inhalation, 14 This does not imply, however, that EPA may deliberately used the disjunctive ‘‘or’’ in bioaccumulation, deposition. not assess the need to pursue any future revisions 17 Section 112(m)(1)(D) includes as an example of to existing Federal law necessary to assure section 112(m)(6), and argue that EPA ‘‘adverse effects to public health or the protection of human health and the environment improperly relies upon case law in environment’’ effects that result ‘‘from indirect from NOX emissions. support of the proposition that the use exposure pathways.’’ Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14103

‘‘which may be reasonably anticipated’’ Third, EPA disagrees that the section 112(a)(7) and 112(m)(6) as being evinces congressional intent to not language of section 112(a)(7) defining determinative of the adequacy of section restrict the scope of that term to only adverse environmental effect must be so 112. As shown by the legislative history, certain specific impacts. narrowly construed as to prevent the Congress did not appear to assume it For similar reasons, EPA disagrees Agency from being able to use its was requiring EPA to do so. The use of that the sentence construction in section various section 112 authorities to language similar to that in section 112(a)(7) and 112(m)(6) force a address significant impacts that occur, 112(a)(7) in establishing the general conclusion that the scope of for example, in only a single Great Lake Great Waters program shows Congress environmental effects in the latter is (or the Great Lakes collectively) or such expected the scope of environmental broader than that in the former (and that a substantial water body as the effects addressed by the Great Waters the other provisions of section 112 are Everglades. In the section 112(a)(7) program to be the same as those that therefore inadequate). In interpreting reference to ‘‘any’’ enumerated effect in would qualify as adverse under section the ambiguous language of section the singular clearly contemplates 112. If the literally different language 112(m)(6), the Agency has discovered impacts of limited geographic scope, absolutely forced a difference in real clear evidence of congressional intent suggesting that the ‘‘widespread’’ meaning, the need for Congress to have for the two phrases to have the same criterion does not present a particularly asked EPA to assess the adequacy of the meaning. First, in the provision of difficult threshold to cross. This is other provisions of section 112 would section 112(m) initially establishing the further supported by the fact that not be apparent, since as a definitional Great Waters program, section 112(m)(1) section 112(a)(7) provides as an example matter, it would have been impossible charges EPA to ‘‘evaluate any adverse of adverse environmental effects, for section 112 to be ‘‘adequate’’ for effects to public health or the adverse impacts on populations of purposes of section 112(m)(6). environment caused by (HAP) endangered or threatened species, The EPA also believes other deposition (including effects resulting which as reflective of their imperiled considerations argue against making too from indirect exposure pathways).’’ This status are especially likely to exist in much of the language differences of the use of a variant of the language in the limited geographic areas. Moreover, two subsections. Read literally, it is not definition of ‘‘adverse environmental EPA has in other contexts interpreted necessarily the case that section effect,’’ as inclusive of the same types ‘‘widespread’’ to have a very localized 112(m)(6) would reach a broader on non-direct exposure routes as that meaning: e.g., EPA interpreted universe of impacts than does section mentioned in section 112(m)(6), ‘‘widespread’’ economic impacts as 112(a)(7). This is because section suggests Congress’ use of different being those that applied to a single 112(a)(7) could be interpreted as language in section 112(m)(6) than is 19 community. Ultimately, EPA believes allowing EPA to address a singular used elsewhere in section 112 may have that the ‘‘widespread’’ criterion would impact that may merely be reasonably been inadvertent. not exclude impacts that might occur in anticipated (i.e., a lone impact that does Second, the legislative history one of the Great Lakes, the Chesapeake suggests that the members of Congress not yet exist but that could be rationally Bay, another Great Waters water body, expected to occur), whereas section championing section 112(m)(6) or a significant portion of such a water understood its language to encompass 112(m)(6) could be interpreted to body. For example, EPA believes that it address only presently occurring the same scope as adverse could, in appropriate cases, employ its environmental effects. For example, in impacts that exist in the plural. In section 112 authorities to address addition, while under a literal reading describing the amendment to add adverse environmental effects in concert section 112(m)(6), Congressman Levine of section 112(m)(6), a qualifying effect with its efforts to establish total could be one that is merely stated, ‘‘If the EPA finds that the Clean maximum daily loads under the Clean Air Act does not protect human health ‘‘widespread’’ but not ‘‘serious,’’ the fact Water Act. that an impact might not be serious or the environment from airborne Fourth, EPA continues to believe the depositions, the EPA would be required could complicate the Agency’s practical case law cited in the draft ability to address it in a regulatory to develop regulations to prevent such determination, in addition to more adverse effects.’’ 18 context, whereas under section 112(a)(7) recent case law, is supportive of the that ‘‘widespread’’ impact would only Agency’s approach (e.g., De Sylva v. 18 need to be ‘‘significant’’ in order to be Remarks of Mr. Levine, House Debate 5–21–90, Ballentine, 351 U.S. 570 (1956) (‘‘the reprinted in ‘‘A Legislative History of the Clean Air plainly within the definition.20 As a word ‘or’ is often used as a careless Act Amendments of 1990,’’ at 2633. See also, result, EPA believes that it is reasonable substitute for the word ‘and,’ that is, it Remarks of Mr. Bilirakis, House Debate 5–23–90, to reconcile the differences in the id., at 2941 (‘‘The amendment further grants is often used in phrases where ‘and’ statutory language of section 112(a)(7) authority to EPA to regulate such substances should would express greater clarity’’); Bell it find that the amended Clean Air Act is and 112(m)(6) in a manner that makes Atlantic Telephone Co. v. FCC, No. 97– inadequate to prevent serious adverse effects on them most consistent and seems to give human health and the environment.’’); Remarks of 1432 (D.C. Cir. Dec. 23, 1997); Alarm greatest effect to Congress’ apparent Mr. Lagomarsino, id., at 2946 (‘‘If the EPA finds that Industry Communications Committee v. intended meaning and purpose (Bell other provisions of the Clean Air Act do not FCC, No. 97–1218 (D.C. Cir. Dec. 30, adequately prevent depositions, the EPA would be Atlantic Telephone Co.s v. FCC, No. 97– 1997); U.S. v. Moore, 613 F.2d 1029 authorized to develop regulations to prevent such 1432 (D.C. Cir. Dec. 23, 1997)). The adverse effects.’’); Remarks of Mr. Levine, id., at (D.C. Cir. 1979); U.S. v. One Rolls Agency continues to rely on the 2938 (‘‘In the event that the EPA found that other Royce, 43 F.3d 794 (3rd Cir. 1994); Kelly rationale contained in the draft provisions of the Clean Air Act did not adequately v. Wauconda Park Dist., 801 F.2d 269 prevent serious adverse impacts, the EPA would be determination for this approach (62 FR (7th Cir. 1986); U.S. v. Smeathers, 884 required to develop regulations to prevent such 36440–41, July 7, 1997). adverse impacts with regard to the Pacific, Arctic, F.2d 363 (8th Cir. 1989)). The EPA does Atlantic, and eastern gulf coasts.’’; Remarks of Mrs. not believe it is necessary to read the Lowey, id., at 2939 (‘‘Under the Amendment, if EPA 20 See the dictionary definitions of ‘‘serious’’ as finds that the Clean Air Act does not adequately literal differences in the language of ‘‘having important or dangerous possible minimize dangers to human health and the consequences,’’ and ‘‘significant’’ as ‘‘having or environment from toxic depositions, EPA is 19 See Final Rule, Water Quality Standards likely to have influence or effect’’ Webster’s Ninth authorized to develop regulations to prevent such Regulation, 48 FR 51400, 51401 (November 8, New Collegiate Dictionary (Merriam-Webster Inc., adverse effects.’’). 1983), codified at 40 CFR 131.10(g)(6). Springfield, MA: 1986). 14104 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

E. Regulations to Control Emissions of been established for a source category. evaluate those factors and what weight Pollutants They noted that these standards would to give them, and need not value any The EPA also received comments then likely be subject to litigation, single factor above the others or above especially due to the requirement that the need to prevent an adverse questioning the ability of the provisions 21 of section 112 relating to emission EPA consider the several environmental effect. While section standards to control HAP and prevent aforementioned factors in setting 112(m)(6) does not refer to factors such adverse impacts from deposition. Some residual risk standards. They then as those specified in section 112(f)(2), of these comments raised distinct argued that the fact that EPA has already under the Great Waters provision, the questions about whether certain missed several statutory deadlines Agency is directed to establish such under section 112 suggests the timing of provisions could be used to address the further regulations ‘‘as may be necessary EPA’s implementation of the program effects enumerated in section 112(m)(6), and appropriate to prevent’’ adverse may be too protracted. Since some while others focused on the timing the effects from HAP deposition to the Great argued that the determination was due Act provides for implementing these Waters. Congress’ use of such language in 1993 and was to address the new provisions, even assuming they can indicates that EPA is expected to weigh regulatory program, with further prevent the enumerated effects. considerations in addition to the need to regulations required if EPA found prevent adverse effects when 1. Summary of the Comments section 112 to be inadequate, those establishing regulations under section a. Utility of Section 112 Emission further remedial regulations were due to 112(m)(6). Such further regulations Control Provisions. State and be established and successfully would need to be both ‘‘necessary’’ and environmental groups commented that implemented long before then. ‘‘appropriate’’ to achieve their purpose, The members of Congress who even where airborne deposition of HAP and the factors that EPA traditionally objected to the draft adequacy has serious adverse effects to public considers when establishing binding determination were troubled by the lack health and the environment, EPA’s regulations (e.g., costs, technological of focus on the amount of time that it ability to control emissions of those feasibility, lead time, safety, energy) would take to achieve the Great Waters would naturally come into play. The HAP under the section 112(d) MACT goals under the other provisions of and GACT programs is still constrained EPA also disagrees with the assertion section 112 (letter to Carol Browner, that residual risk regulations could only by what current technology can achieve. # dated October 3, 1997, docket item IV– be developed in consideration of direct The commenters requested that EPA G–474). Those members asked EPA to describe how MACT standards will in exposure pathways. Nothing in the inform Congress of the Agency’s specific statutory language of section 112(f) fact be developed to prevent adverse plan and time frame for using section effects. They then argued that even implies such a limitation on the utility 112, and stated that if the required of the residual risk program. And, in though the section 112(f) residual risk protection can be provided but not in a authority allows more stringent post- light of the fact that other provisions of ‘‘timely fashion,’’ section 112 is not section 112 such as the definition of MACT or -GACT standards based on adequate. environmental needs, since section major source at section 112(a)(1) and the 112(f) requires EPA to consider factors 2. EPA’s Responses section 112(b) HAP listing provisions permit EPA to consider indirect such as ‘‘costs, energy, safety, and other a. Utility of Section 112 Emission relevant factors’’ in setting residual risk Control Provisions. The Agency exposure pathways, consideration of standards to prevent an adverse recognizes that MACT and GACT such effects would not be precluded environmental effect and does not standards promulgated pursuant to the under the residual risk program. The EPA also disagrees that section explicitly address indirect exposure provisions of section 112(d) are not 112, simply due to its limited reach of pathways, it is ambiguous how much required to achieve specified health- applying only to domestic stationary legal flexibility EPA has to actually based results or to prevent specified sources, is inadequate. Congress could achieve environmental quality-based environmental effects. However, section not have assumed that the adequacy goals. Since section 112(m)(6) does not 112(d)(2) does contemplate that EPA specify these factors but does refer to would take into account measures that question could be answered so easily, indirect exposure pathways, they are consistent with ‘‘pollution since it was common knowledge that argued, it must provide greater prevention’’ principles when setting the section 112 authorities could only authority. Some argued that EPA’s standards. For example, the apply to stationary sources. The regulatory authority contains a gap introductory language to section commenters have not identified any simply by virtue of the fact that mobile 112(d)(2) directs EPA to establish inadequacies in the provisions of sources and foreign sources emit HAP standards that, where achievable, section 112 themselves that would that deposit in the Great Waters, while prohibit emissions of HAP, and prevent EPA from addressing adverse section 112 can only reach domestic paragraph (A) of that subsection impacts from deposition of HAP emitted stationary sources, and that section 112 anticipates that MACT will either by domestic stationary sources, and is inadequate to control other human reduce or ‘‘eliminate’’ such emissions. therefore EPA disagrees that section 112 activities or other causes of HAP In addition, EPA disagrees that the contains a gap in authority. In sum, EPA deposition, such as pesticide factors EPA is required to consider in continues to believe it has sufficient application and revolatilization. setting health- or environment-based legal authority through the b. Timing of Implementation of residual risk standards under section implementation of section 112(d) and Section 112 Provisions to Control HAP 112(f) would limit EPA’s ability to 21 New York v. Reilly, 969 F.2d 1147, 1150 (D.C. Emissions. State and environmental prevent adverse effects resulting from Cir. 1992) (citing Center for Auto Safety v. Peck, 751 groups observed that EPA is still in the HAP deposition to any greater degree F.2d 1336, 1342 (D.C. Cir. 1985), Weyerhauser Co. process of establishing initial MACT than would be the case if EPA were to v. Costle, 590 F.2d 1011, 1045 (D.C. Cir. 1978) standards, and that EPA may wait up to adopt standards under section (Congress ‘‘left EPA with discretion to decide how to account for the consideration of factors, and how 8 more years after promulgation of 112(m)(6). As explained in the draft much weight to give each factor.’’); Appalachian MACT before setting environment-based determinations, EPA has substantial Power Co. v. EPA, No. 96–1497 (D.C. Cir., February residual risk standards after MACT has discretion in determining how to 13, 1998). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14105

112(f) to achieve the preventative are irrelevant for purposes of the there have been several consent decrees mandate of section 112(m)(6), and determination. Nowhere in section entered by the district courts continues to rely upon the rationale 112(m)(6) does it specify at what point establishing new deadlines in cases contained in the draft determinations in time sources would be required to where EPA has missed the statutory (62 FR 36442–44, July 7, 1997). comply with such further regulations, or deadlines.23 Finally, EPA has included In addition, EPA wishes to point out at what point the environmental goals of in the docket for today’s notice a two additional provisions of section 112 section 112(m)(6) would have to be document that sets forth in detail EPA’s that support the Agency’s conclusion achieved (e.g, Appalachian Power Co. v. most up-to-date expected schedule for that it is adequate under section EPA, No. 96–1497 (D.C. Cir., February implementation of the general section 112(m)(6). First, section 112(d)(4) 13, 1998)). It is certain that Congress, in 112 program which has also been provides that, with respect to pollutants enacting the complicated provisions of forwarded, along with a copy of this for which a health threshold has been section 112 in the 1990 Amendments, notice, to the individual members of established, the Administrator may understood that full development of the Congress who signed the letter consider such threshold level, with an HAP program would take a significant commenting on the draft determination. ample margin of safety, when amount of time, and that, in addition, establishing emission standards under F. Mercury and Electric Utilities Reports full source compliance with the new to Congress section 112(d)(42 U.S.C. 7412(d)(4)). If program would not occur immediately EPA invokes this provision, it must upon the establishment of the program. 1. Summary of the Comments assure that any emission standards The schedules for development and In comments supporting the would not only result in ambient compliance contained in section 112(e) discussion of the section 112(n) concentrations that would protect the and 112(i), for example, are clear provisions governing reports to public health with an ample margin of evidence of this understanding. In light Congress on mercury emissions and safety, but that the standards would also of this, if Congress had in fact intended emissions from electric utilities in the be sufficient to protect against the threat that any regulations adopted under draft determinations, an industry of adverse environmental effects (62 FR section 112(m)(6) would be immediately commenter stated that attempting to 33631, June 20, 1997). Second, under implemented and enforced, with regulate electric utility steam generating section 112(l), states may develop and successful results, upon their units under section 112(m)(6)(assuming submit to EPA for approval their own promulgation, it would have been the Agency concluded that the other programs for implementation and unnecessary to ask whether the other provisions of section 112 are enforcement of emission standards for provisions of section 112 that employed inadequate) would thwart Congress’ HAPs (42 U.S.C. 7412(l)(1)). The EPA the more detailed and longer intent that regulation of such units has previously stated its view that implementation schedules are adequate, under section 112 could occur only if section 112(l) provides authority to since they clearly could not have been. EPA had found under section approve state programs that contain Rather, EPA believes that the specific 112(n)(1)(A) that regulating these elements for controlling the potential-to- timetables for implementation of the sources is necessary and appropriate. emit (PTE) of source HAP emissions (61 other section 112 provisions, contrasted Especially if regulation under section FR 36295, 36296–7, July 10, 1996). with the bare deadline in section 112(m)(6) were attempted in advance of Under such a program, a state could, for 112(m)(6) for promulgating any the completion of the section example, issue a prohibitory rule necessary and appropriate further 112(n)(1)(A) utility study, they argued, applicable to source HAP emissions, or regulations, actually do more to assure section 112(n)(1)(A) would be rendered a federally enforceable state operating timely achievement of the intended irrelevant. permit applicable to a specific source to results, as a statutory matter, than does An environmental group commenter, control its HAP PTE. section 112(m)(6). Therefore, EPA on the other hand, argued that since at b. Timing of Implementation of the time of the draft determinations Section 112 Provisions to Control HAP rejects the reading that section neither the mercury nor the utility Emissions. The fact that EPA has missed 112(m)(6) requires the actual prevention reports were completed, and EPA had some of the statutory deadlines of adverse effects from HAP deposition established in the Act is not relevant to to be achieved in advance of when the not made any decision regarding the subject of the adequacy of section other provisions of section 112 could be whether it is necessary and appropriate 112 to prevent adverse effects from HAP employed to prevent them. to regulate HAP emissions (particularly The EPA recognizes that the time deposition. If anything, the Clean Air mercury) from electric utility steam frame for implementation of section 112 Act’s provision of a mechanism under generating units, EPA is obligated under section 304 by which citizens can is also a concern of the members of section 112(m)(6) to ‘‘immediately’’ enforce these statutory deadlines and Congress who objected to the draft promulgate further regulations to reduce seek to compel EPA to implement the adequacy determination, and who mercury emissions from coal-burning provisions of section 112 (a failure requested EPA to set forth the Agency’s power plants. In the alternative, they which is only ‘‘temporary’’ in that it specific plan and schedule for implementing section 112. In response, sources of emissions of seven specified HAP that does not preclude ultimate are pollutants of concern for the Great Waters implementation of the underlying EPA first refers attention to section 112(c)–(f), which establishes several Program; section 112(d)(2) provides a detailed statutory authority) supports EPA’s schedule for the regulation of coke ovens; section 22 confidence in the substantive utility of deadlines for EPA action. In addition, 112(e)(1) establishes deadlines for promulgation of section 112. The EPA also disagrees MACT and GACT standards ranging from 22 In summary, section 112(c)(3) in concert with November 15, 1992, though November 15, 2000; with the interpretation that the section 112(k)(3)(B) requires EPA by November 15, section 112(f)(2) provides the deadlines for November 15, 1995 deadline in section 1995, to have listed categories and subcategories of establishing residual risk standards after 112(m)(6) for establishing any necessary area sources sufficient to ensure that 90 percent of promulgation of standards under section 112(d); and appropriate further regulations area source emissions of the 30 HAP that present and section 112(i) sets forth the detailed schedules the greatest threat to public health in large urban for when certain types of sources are required to compels a conclusion that the other areas are subject to regulations promulgated by comply with promulgated standards. provisions of section 112 that provide November 15, 2000; the same deadlines apply 23 Docket number A–97–21; item II–B–2 for 2 year later deadlines are either inadequate or under section 112(c)(6) for listing and regulating and 4 year MACT schedules. 14106 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices demanded that EPA immediately list several specific things that the certain HAP, such as mercury by complete the mercury and utility reports commenter believes revised standards lowering the alkalinity of receiving and promulgate measures to reduce under section 129 must achieve or waters. Since EPA has no authority mercury from power plants such that incorporate. These include setting a goal under section 112 at all to regulate adverse health effects from mercury in of zero discharge of dioxin for all pollutants other than HAP, the the Great Waters, and resulting fish medical waste incinerators, and other commenter argued, and since a consumption advisories, are eliminated. such regulatory actions to achieve the comprehensive approach to remedying preventative goals of section 112(m)(6). adverse impacts from deposition of 2. EPA’s Response mercury may arguably require 2. EPA’s Response The EPA agrees that section additional regulation of NOX and SO2 112(n)(1)(A) is the primary provision of The comments objecting to the emissions, section 112 cannot be section 112 pursuant to which the stringency of the current section 129 adequate. Another commenter Agency could determine whether it is standards for medical and municipal demanded that EPA’s action to issue the appropriate to regulate HAP emissions waste incinerators are not within the determinations serve as a vehicle for from electric utilities. The EPA will be scope of today’s determination of particular substantive actions, such as making the determination of whether it whether the statutory authorities reducing ongoing emissions of PCB is appropriate and necessary to regulate provided by section 112 are adequate. emitted by utilities and landfills, such emissions in the context of These regulations were adopted creating an inventory of pesticide use in fulfilling the Agency’s responsibilities pursuant to the procedural requirements the United States, developing a Great under section 112(n)(1). If EPA of section 307(d) of the Act. The proper Lakes pesticide initiative, and concludes that such regulation is forum for challenging the sufficiency of preventing air revolatilization of HAP in necessary and appropriate, the full a particular regulation is either: (1) The implementing the Assessment and range of authority contained in section rulemaking action establishing the Remediation of Contaminated 112 would be available to address HAP standard itself (either in comments on Sediments program. This commenter emitted by electric utilities. the proposed regulation or in a petition stated that EPA did not explicitly The EPA disagrees that the then- for review of the final action rulemaking address whether section 112 is adequate pending status of the mercury and action under section 307(b)); or, (2) a to prevent adverse effects to especially utility reports established an immediate petition for reconsideration of the final sensitive segments of the populations, duty for EPA to regulate mercury rule (and possible petition for review of such as children, and why, if adequate emissions from electric utilities under the Agency’s final action in response to authority exists, the Agency has section 112(m)(6). The environmental the petition). Today’s notice is not the allegedly not applied it to eliminate the group’s position is based on its view appropriate place to address comments ‘‘environmental injustice’’ of these that section 112(m)(6) requires EPA to objecting to the substance of the effects. The commenter noted that fish regulate all HAP emissions under that regulations adopted pursuant to section consumption presents more acute risks provision pending development of the 129. Rather, EPA notes that the for people especially vulnerable to broader regulatory program under the commenter does not dispute EPA’s view toxics, such as nursing women and other provisions of section 112. The that the section 112(f) residual risk unborn children, and then observed that EPA does not believe that section authority applicable to sources EPA in the first Report to Congress 112(m)(6) trumps the statutory schedule regulated under section 129 provides a stated that since certain sub-populations for development of the section 112 valuable statutory tool for preventing such as Native Americans are more program. The EPA also notes that the adverse effects from HAP emissions likely to consume greater amounts of demand that EPA ‘‘immediately’’ depositing into the Great Waters. Great Lakes fish and, therefore, be more promulgate controls under section exposed to toxic chemicals, their effects H. Other Comments Regarding the 112(m)(6) for mercury emissions from need to be considered in decision Adequacy of Section 112 utilities conflicts with the schedule making on toxic substances control. The reflected in the consent decree entered 1. Summary of the Comments commenter asserts that since the draft determinations did not separately or in Sierra Club, et al v. Browner, under Several other miscellaneous which any further emissions standards explicitly address environmental justice comments regarding the adequacy of issues, EPA is in violation of Executive would not be due until November 15, section 112 to prevent adverse effects 2000. Order 12898, ‘‘Federal Actions to from HAP deposition were submitted. Address Environmental Justice in G. Solid Waste Incineration Units Some argued that section 112 cannot be Minority Populations and Low-Income adequate in light of the fact that EPA 1. Summary of the Comments Populations.’’ Another commenter recently signed the Great Lakes argued that additional pollutants, An environmental group commented Binational Toxics Strategy (Canada/ particularly dieldrin, a Great Waters regarding EPA’s discussion of its U.S.—April 7, 1997). Similarly, some pollutant of concern, must be listed as authority under section 112(f) and 129 argued that initiatives such as the Great a HAP under section 112(b), due to its to regulate HAP emissions (and Lakes Water Quality Guidance indicate effects as discussed in the second emissions of other pollutants) from solid that additional legal authorities beyond report. Since dieldrin is not currently waste incineration units such as section 112 are needed to protect public listed, the commenter notes, EPA cannot medical and municipal waste health and the environment. Others currently regulate it under section 112 incinerators. In essence, these commented that while NOX is not a and address its deposition impacts. comments object to the standards EPA listed HAP and thus not within the has already developed under section scope of the section 112 regulatory 2. EPA’s Response 129 for controlling emissions from these reach of the section 112(m)(6) remedy, The EPA disagrees that the fact that sources, and demand that EPA explain there is mounting evidence that NOX EPA has entered into the Binational exactly how the Agency will implement and sulfur dioxide (SO2), precursors to Toxics Strategy and other such the residual risk program to address any acid rain, may act synergistically to initiatives demonstrates that section 112 remaining impacts that may exist. They exacerbate the problems caused by is inadequate to prevent adverse effects Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14107 from HAP deposition of domestic protect the public health with an ample On the other hand, industry stationary source emissions. The EPA margin of safety, are in no way so commenters interpreted the second has never in any such action insinuated limiting. Finally, EPA notes that the report as indicating that the science that its underlying statutory authority to Executive Order applies to EPA’s does not yet exist to connect air control emissions from these sources is implementation of section 112 and to deposition of HAP to actual wanting, and there is no basis for the regulatory actions EPA takes under environmental or public health effects, concluding that EPA’s determinations its provisions, thus ensuring that or to connect air deposition of HAP to regarding the adequacy of section 112 environmental justice issues will be individual facilities. As a result, they are in conflict with the Agency’s taken into consideration as the various argued, EPA does not have an adequate participation in these initiatives. On the section 112 programs are developed. In technical basis for imposing further contrary, EPA has used and will response to the request that dieldrin be regulations under section 112(m)(6) to continue to use its authority under listed as a HAP, EPA notes that address HAP deposition. In addition, section 112 to further the goals of interested citizens may petition the they argued, since water quality in the strategies such as the Binational Toxics Agency to add substances to the section Great Waters is improving, further Strategy. The EPA also disagrees that 112(b) HAP list, and the commenter is measures under section 112(m)(6) are not needed. They also argued that the exacerbating effects NOX and SO2 welcome to do so. Today’s notice would may have on HAP deposition impacts not be a proper forum for conducting current data are limited and unclear, compels an inadequacy determination. this rulemaking exercise. and that there is too much uncertainty regarding several scientific issues for The EPA can still use its section 112 I. Comments Regarding the Need for authority to address the HAP emission EPA to be able to support further Further Regulations under Section regulations. component of such impacts, and while 112(m)(6) unlisted pollutants such as SO2 and 2. EPA’s Response Many comments objected to EPA’s NOX may not be regulated under section Since EPA is determining that the draft determination that, since EPA 112, there are ongoing efforts under the other provisions of section 112 are believes the other provisions of section Clean Air Act to control non-HAP adequate under section 112(m)(6), it 112 are adequate, no further regulations emissions. The EPA referred to this therefore follows that further regulations under section 112(m)(6), beyond those authority in the draft determination under section 112(m)(6), beyond those partly in order to highlight the fact that that can otherwise be adopted under that can otherwise be adopted under while certain pollutants cannot be section 112, are necessary and section 112, are not necessary and controlled under section 112, that does appropriate at this time. These appropriate. However, EPA does wish to not automatically render section 112 objections flow from the objections to respond to the points raised above in inadequate to control emissions of the draft adequacy determination. In order to clear up any confusion caused pollutants that are HAP. The EPA sees addition, several comments were by the Agency’s statement in the draft no restriction in section 112 that would submitted concerning the issue of the determinations. In response to preclude the Agency from preventing need for further regulations under comments concerning the factual basis impacts caused by HAP that are section 112(m)(6), notwithstanding the for today’s determinations, EPA’s enhanced by the presence of other issue of the adequacy of section 112. statement should not be interpreted as pollutants. The comments that request 1. Summary of the Comments meaning that EPA concludes that EPA to take particular actions are not adverse effects associated with HAP directly relevant to the question of An environmental group specifically deposition are not presently occurring whether the other provisions of section objected to EPA’s statement that even if or that further research and action is not 112 are adequate to prevent adverse section 112 were found to be inadequate necessary. In fact, EPA believes that the effects from HAP deposition. Moreover, under section 112(m)(6), further first and second reports clearly indicate charges that EPA has failed to comply regulations under that subsection are that atmospheric deposition of toxic and with Executive Order 12898 because the not necessary and appropriate at this other pollutants is often an important draft determination did not explicitly time in light of the fact that much factor affecting the environmental discuss effects on particularly sensitive scientific information is still lacking conditions of the Great Waters and can segments of the population do not concerning issues such as the relative contribute to adverse ecological and recognize that EPA stated it believes contribution of air emissions of HAP to human health effects. As the industry that section 112 is adequate to prevent adverse effects in the Great Waters. The groups observed, water quality does any of the enumerated adverse effects commenter argued that the Agency’s appear to be generally improving. from HAP deposition. This necessarily Report to Congress under the Great However, the rate of improvement in includes qualifying adverse effects that Waters program, as well as information recent years is declining, and therefore are experienced by sensitive population gathered in support of EPA’s actions EPA’s continued implementation of its segments, such as children and nursing implementing section 112, show the section 112 authorities is necessary to mothers, and those experienced by need to act under section 112(m)(6) and ensure continued improvements in segments of the population that indicate which sources are responsible water quality. experience greater exposure to for adverse impacts. Moreover, the While EPA believes that it has environmental toxics, such as Native commenter argued that EPA should sufficient authority under section 112, it Americans. The EPA’s assessment of its have set forth data and analysis in is true that EPA’s technical information legal authority under section 112 was support of its draft determination that base is such that the Agency is not not limited to whether the Agency can further regulations under section 112 presently in a position to conclude act to prevent adverse effects are not necessary and appropriate at this confidently that further, unique experienced only by a ‘‘majority’’ of time. The commenter claimed that EPA regulations under section 112(m)(6), citizens. Indeed, the definition of has failed to fulfill its duties under beyond those that can be adopted under adverse environmental effect in section administrative law to provide the public the other provisions of section 112, 112(a)(7), and the relevant provisions of with sufficient information upon which would be appropriate. The EPA is not section 112(f)(2) directing EPA to to comment meaningfully. presently able to determine what 14108 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices additional types of regulations beyond modeling to calculate ‘‘airsheds’’ where otherwise using this notice to update or those authorized by section 112, and emissions significantly impact each revise the second report. Rather, the what domestic stationary sources they estuary has begun for the Atlantic and methods for achieving these purposes would apply to, would be necessary and Gulf of Mexico estuaries. A 6-year study are the periodic reports themselves, and appropriate to prevent adverse effects of ‘‘urban plumes’’ in Lake Michigan EPA will be considering public from HAP deposition. The EPA’s and Chesapeake Bay is just being comments submitted on its second understanding of these issues is, completed to quantitatively evaluate the report in the third report due in June however, improving. For example, in impacts of cities on nearby large water 1999. However, EPA does summarize recent years, considerable progress has bodies via air transport. Research some of the comments received on the projects are under way to improve been made in quantifying emission second report in the Response to scientific understanding of air and water inventories, monitoring concentrations Comments Document contained in the exchanges of pollutant metals and in ambient air and deposition, and docket for today’s notice and presents modeling total atmospheric deposition organic compounds at the air-water some preliminary responses. to a waterbody. Studies are improving boundary. the ability to relate deposition to source Finally, in response to the criticism V. Determinations of Adequacy of categories, and these techniques are that the draft determination did not Section 112 and of Need for Further being refined in order to better link provide sufficient opportunity for Regulations Under Section 112(m)(6) effects to individual sources of meaningful public comment, thereby pollution. Examinations are under way allegedly causing the Agency to fail to Based on available information, the for the total picture relating HAP to a meet its responsibilities under analyses contained in the first and single waterbody (e.g., air deposition, administrative law, the Agency was not second Reports to Congress and the waterborne and sediment inputs, required by the Administrative draft determinations published at 62 FR comparing current sources, historic Procedure Act (APA) or by section 36436 (July 7, 1997), and guided by deposits, and natural sources, and 307(d) of the Act to make these EPA’s interpretation of the statutory tracking cycling among components of determinations through a notice and requirements of section 112(m) of the comment process, and these the system). Such examinations are Act, EPA determines that the other determinations are not rulemakings that expected to contribute to EPA’s ability provisions of section 112 are adequate to obtain more focused information on establish new binding requirements. The EPA could have made the to prevent serious adverse effects to the impacts of individual sources. The public health and serious or widespread EPA is currently drafting the Report to determinations unilaterally and without public input in its Report to Congress, environmental effects associated with Congress, under section 112(f)(1), on the the deposition of HAP to the Great methods and significance of risks to but chose instead to invite public participation by first issuing the Waters. As a result of this public health and the environment determination, EPA determines that, which may remain after application of determinations in draft and then based on information available to the standards to sources subject to supplementing the report with today’s Agency, no further emission standards regulation under section 112(d). As notice. The EPA provided a full or control measures under section these risk evaluations are developed, opportunity for review and comment on they can be applied to sources and the draft determinations at the time EPA 112(m)(6), beyond those that can released the second Report to Congress. pollutants to determine the appropriate otherwise be adopted under the other Moreover, having done so does not additional actions that may be needed. provisions of section 112, are necessary make the APA and provisions of the Act and appropriate to prevent such effects. The EPA’s air, water, solid waste, regarding procedural requirements or Due to the state of current scientific pesticides, and research offices, working judicial review applicable to the with State agencies, universities and information concerning factors such as determinations or to other aspects of the the relative contribution of air emissions others are moving forward on several second report. In any event, EPA fronts to better characterize multimedia to adverse effects in the Great Waters, as believes that the factual bases for EPA’s discussed in the first and second movements and effects of pollutants. conclusion that it is not at this time Reports to Congress, EPA could not Several projects are under way and will necessary and appropriate to establish conclude confidently that unique produce data-sets and analyses within further regulations under section the next 1 to 6 years. An extensive 112(m)(6) are fully presented in the further regulatory actions to reduce HAP emissions inventory of individual report itself. under the remedial authority of section sources which release air toxics is 112(m)(6) would be necessary and nearing completion in the eight Great J. Comments Regarding the Second appropriate. As discussed earlier in this Lakes States and the Province of Ontario Report to Congress notice, this does not mean that actions and is expected to be publicly available The EPA received numerous under the other provisions of section in the summer of 1998. The USA and comments addressing aspects of the 112 or other authorities that reduce any Canada cooperative monitoring network second report apart from the section impacts from deposition of air pollution for air quality around the Great Lakes is 112(m)(6) draft determinations. Many of are not warranted, or that EPA is completing its review of the first 6 years these related to specific technical or concluding that air deposition of HAP and is defining an active program for the scientific issues, or to the Agency’s does not currently cause or contribute to next 6 years. The Lake Michigan Mass method of addressing the elements of adverse effects to public health or the Balance project has obtained several section 112(m)(5). Since today’s notice environment. If future events or years of air-monitoring data, which are concerns only the determinations under additional information indicate that the expected to be released this year, and section 112(m)(6), it has focused on the determinations are not correct, EPA has begun using advanced computer points raised in comments regarding the retains its discretion to promulgate any models of air, water, watershed, draft determinations discussed in the necessary and appropriate regulations sediment, and biota to characterize July 7, 1997, notice. While today’s under section 112(m)(6). movements and fates of four selected notice of determinations supplements pollutants in the ecosystem. Large scale the second report, the Agency is not Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14109

VI. Administrative Procedures binding regulations. Therefore, the ADDRESSES: The Clean Water Action requirements of the Unfunded Mandates Plan is available for viewing on the A. Executive Order 12866 Reform Act of 1995 do not apply to Internet at Executive Order 12866 (58 FR 51735, today’s notice. http://www.nhq.nrcs.usda.gov/ October 4, 1993) requires agencies to Dated: March 13, 1998. cleanwater/ or determine whether regulatory actions http://www.epa.gov/cleanwater/. are ‘‘significant’’ and therefore subject to Carol M. Browner, Office of Management and Budget Administrator. Copies of the Clean Water Action Plan (OMB) review. It has been determined [FR Doc. 98–7488 Filed 3–23–98; 8:45 am] may be obtained from EPA’s National that today’s notice of determinations is BILLING CODE 6560±50±P Center for Environmental Publications not a ‘‘significant’’ regulatory action, and Information, 1–800–490–9198 (toll since it does not establish new free), P.O. Box 42419, Cincinnati, OH requirements or lead to likely regulatory ENVIRONMENTAL PROTECTION 45242; (513) 489–8695 (fax). Ask for requirements (and therefore is not a AGENCY EPA–840–R–98–001. Copies may also be regulatory action) and is a supplement obtained from Douglas Wilson, USDA– Department of Agriculture to the second Report to Congress under NRCS, Conservation Communications the Great Waters program. A draft of this [FRL±5985±6] Staff, Room 0054—South Building, P.O. notice was submitted to OMB for Box 2890, Washington, D.C. 20013– review. Changes made in response to Clean Water Act; Clean Water Action 2890, or by fax at (202) 720–6009. OMB suggestions or recommendations Plan FOR FURTHER INFORMATION CONTACT: Ben will be documented in the public Ficks, U.S. EPA, Office of Wetlands, AGENCY: Environmental Protection record. Oceans, and Watersheds, 401 M Street, Agency and Department of Agriculture. S.W. (4501F), Washington, D.C. 20460; B. Regulatory Flexibility ACTION: Notice of availability of clean fax: 202–260–2529; email The EPA has determined that it is not water action plan. [email protected]; or Douglas necessary to prepare a regulatory Wilson, USDA–NRCS Conservation SUMMARY: In his 1998 State of the Union flexibility analysis in connection with Communications Staff, Room 0054— Address, President Clinton announced a these determinations since they are not South Building P.O. Box 2890, major new Clean Water Initiative to rules of general applicability for which Washington, D.C. 20013–2890; fax: 202– speed the restoration of the nation’s EPA is required to publish a notice of 720–6009. rivers, lakes, and coastal waters. This proposed rulemaking under the SUPPLEMENTARY INFORMATION: Administrative Procedure Act or any new initiative aims to achieve clean other statute. Moreover, these water by strengthening public health Clean Water Action Plan Overview protection, targeting community-based determinations that section 112 is I. Clean Water—The Road Ahead adequate to prevent adverse effects from watershed protection efforts at high HAP deposition and that, therefore, no priority areas, and providing Over the past quarter century, further regulations under section communities with new resources to America has made tremendous strides 112(m)(6) are necessary and control polluted runoff. in cleaning up its rivers, lakes, and appropriate, could not by their nature On October 18, 1997, the 25th coastal waters. In 1972, the Potomac impose any direct or binding anniversary of the Clean Water Act, Vice River was too dirty to swim in, Lake requirements on any person, and, President Gore directed the Department Erie was dying, and the Cuyahoga River therefore, could not impose any of Agriculture (USDA) and the was so polluted it burst into flames. economic impacts on the regulated Environmental Protection Agency (EPA) Many rivers and beaches were little community or small entities. to work with other Federal agencies and more than open sewers. The the public to prepare an aggressive improvement in the health of the C. Congressional Review Action Plan to meet the promise of nation’s waters is a direct result of a The Congressional Review Act, 5 clean, safe water for all Americans. The concerted effort to enhance stewardship U.S.C. 801 et seq., as added by the Small Action Plan forms the core of President of natural resources and to implement Business Regulatory Enforcement Clinton’s Clean Water Initiative in the environmental provisions of federal, Fairness Act of 1996, does not apply which he proposed $568 million in new state, tribal and local laws. In particular, because this action is not a rule, as that resources in his Fiscal Year 1999 budget the Clean Water Act has stopped term is defined in 5 U.S.C. 804(3). to carry it out. The Action Plan builds billions of pounds of pollution from Today’s notice serves as a supplement on the solid foundation of existing clean fouling the nation’s water, doubling the to EPA’s second Report to Congress water programs and proposes new number of waterways safe for fishing under the Great Waters program and actions to strengthen efforts to restore and swimming. Today, rivers, lakes, and does not establish any binding rules of and protect water resources. coasts are thriving centers of healthy general applicability. Pursuant to the In implementing the Action Plan, the communities. consent decree entered in Sierra Club v. federal government will: support locally Despite tremendous progress, 40 Browner, Civ. No. 96–1680 (D.D.C.), led partnerships that include a broad percent of the nation’s waterways EPA shall deliver to Congress a copy of array of watershed partners, including assessed by states are still unsafe for the notice as a supplement to the second federal and state agencies, tribes, fishing and swimming. Pollution from Report. communities, businesses, and citizens factories and sewage treatment plants, to meet clean water and public health soil erosion, and wetland losses have D. Unfunded Mandates goals; increase financial and technical been dramatically reduced. But runoff Today’s determinations establish no assistance to states, tribes, local from city streets, rural areas, and other Federal mandates. That is, they impose governments, farmers, and others; and sources continues to degrade the no enforceable duties on State, local or help states and tribes restore and sustain environment and puts drinking water at tribal governments, or on the private the health of aquatic systems on a risk. Fish in many waters still contain sector, since they do not establish watershed basis. dangerous levels of mercury, 14110 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices polychlorinated biphenyls (PCBs), and A Watershed Approach Why Watersheds? other toxic contaminants. The Action Plan envisions a new, Clean water is the product of a After 25 years of progress, the nation’s collaborative effort by federal, state, healthy watershed—a watershed in clean water program is at a crossroads. tribal, and local governments; the which urban, agricultural, rangelands, Implementation of the existing programs public; and the private sector to restore forest lands, and all other parts of the will not stop serious new threats to and sustain the health of watersheds in landscape are well-managed to prevent public health, living resources, and the the nation. The watershed approach is pollution. Focusing on the whole nation’s waterways, particularly from the key to setting priorities and taking watershed helps strike the best balance polluted runoff. These programs lack action to clean up rivers, lakes, and among efforts to control point source the strength, resources and framework coastal waters. pollution and polluted runoff, and to finish the job of restoring rivers, lakes Strong Federal and State Standards protect drinking water sources and and coastal areas. To fulfill the original sensitive natural resources such as goal of the Clean Water Act—‘‘fishable The Action Plan calls for federal, wetlands. A watershed focus also helps and swimmable’’ water for every state, and tribal agencies to revise identify the most cost-effective American—the nation must chart a new standards where needed and make pollution control strategies to meet course to address the pollution existing programs more effective. clean water goals. problems of the next generation. Effective standards are key to protecting Working at the watershed level public health, preventing polluted encourages the public to get involved in In his 1998 State of the Union runoff, and ensuring accountability. Address, President Clinton announced a efforts to restore and protect their water major new Clean Water initiative to Natural Resource Stewardship resources and is the foundation for speed the restoration of the nation’s Most of the land in the nation’s building strong clean water precious waterways. This new initiative watersheds is cropland, pasture, partnerships. The watershed approach aims to achieve clean water by rangeland, or forests, and most of the is the best way to bring state, tribal, strengthening public health protection, water that ends up in rivers, lakes, and federal, and local programs together to targeting community-based watershed coastal waters falls on these lands first. more effectively and efficiently clean up protection efforts at high priority areas, Clean water depends on the and protect waters. It is also the key to and providing communities with new conservation and stewardship of these greater accountability and progress resources to control polluted runoff. natural resources. The Action Plan calls toward clean water goals. On October 18, 1997, the 25th on federal natural resource and Key Elements of the Watershed anniversary of the Clean Water Act, conservation agencies to apply their Approach collective resources and technical Vice-President Gore directed USDA and The Action Plan proposes a watershed EPA to work with other federal agencies expertise to state and local watershed restoration and protection. approach built on several key elements. and the public to prepare an aggressive 1. Unified Watershed Assessments. Action Plan to meet the promise of Informed Citizens and Officials States, tribes, and other federal agencies clean, safe water for all Americans. This Clear, accurate, and timely currently set priorities for watershed Action Plan forms the core of President information is the foundation of a sound action in many different ways. For Clinton’s Clean Water Initiative in and accountable water quality program. example, state water quality agencies which he proposed $568 million in new Informed citizens and officials make are developing lists of impaired water resources in his FY 1999 budget to carry better decisions about their watersheds. bodies, defining source water protection it out. The Action Plan builds on the The Action Plan calls on federal areas for drinking water, identifying solid foundation of existing clean water agencies to improve the information coastal protection priorities, and programs and proposes new action to available to the public, governments, defining priority areas for agricultural strengthen efforts to restore and protect and others about the health of their assistance programs. Similarly, federal, water resources. In implementing the watersheds and the safety of their state and tribal natural resource Action Plan, the federal government beaches, drinking water, and fish. agencies set their priorities for will support locally led partnerships watershed restoration and protection in that include a broad array of federal A. A Watershed Approach—The Key to various ways to meet their mandates for agencies, states, tribes, communities, the Future natural resource conservation. These businesses, and citizens to meet clean The Action Plan proposes a new processes are designed to meet valid water and public health goals; increase collaborative effort by state, tribal, objectives, but too often opportunities to financial and technical assistance to federal, and local governments, the work together to meet common goals are states, tribes, local governments, farmers private sector and the public to restore overlooked. and others; and help states and tribes those watersheds not meeting clean The Action Plan creates a strategic restore and sustain the health of aquatic water, natural resource, and public opportunity for states and tribes, in systems on a watershed basis. health goals and to sustain healthy cooperation with federal land and II. Four Tools for Clean Water conditions in other watersheds. resource managers on federal lands to For the past 25 years, most water take the lead in unifying these various Federal, state, tribal, and local pollution control efforts relied on existing efforts and leveraging scarce governments have many tools they can broadly applied national programs that resources to advance the pace of use to clean up and protect water reduced water pollution from individual progress toward clean water. As a resources. Regulation, economic sources, such as discharges from sewage number of states and tribes have incentives, technical assistance treatment plants and factories, and from demonstrated, they can meet existing research, education, and accurate polluted runoff. Today, there is growing requirements efficiently and develop information all have a role to play in recognition that clean water strategies more coordinated and comprehensive meeting clean water goals. The Action built on this foundation and tailored to priorities on a watershed basis. Plan is built around four key tools to specific watershed conditions are the Unified watershed assessments are a achieve clean water goals. key to the future. vehicle to identify: watersheds that will Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14111 be targeted to receive significant new agencies will work with states and tribes watersheds where water quality is resources from the President’s FY 1999 to expand programs to reduce impaired. budget and beyond to clean up waters contaminants that can make locally The Action Plan commits all federal that are not meeting water quality goals; caught fish and shellfish unsafe to eat, natural resource conservation and pristine or sensitive watersheds on particularly mercury and other environmental agencies to focus their federal lands where core federal and persistent, bio-accumulative toxic expertise and resources to support the state programs can be brought together pollutants, and to ensure that the public watershed approach described above. In to prevent degradation of water quality; gets clear notice of fish consumption addition, these agencies will work with and threatened watersheds that need an risks. states, tribes, and others to enhance extra measure of protection and 2. Ensure Safe Beaches. Federal, state, critical natural resources essential to attention. and local governments will work to clean water. 2. Watershed Restoration Action improve the capacity to monitor water 1. Federal Land Stewardship. More Strategies. The Action Plan encourages quality at beaches, develop new than 800 million acres of the United states and tribes to work with local standards, and use new technologies States, including Alaska, is federal land. communities, the public, and federal such as the Internet to report public These lands contain an immense environmental, natural resource, and health risks to recreational swimmers. diversity and wealth of natural land management agencies to develop 3. Expand Control of Storm Water resources, including significant sources strategies to restore watersheds that are Runoff. EPA will publish final Phase II of drinking water and public recreation not meeting clean water and natural storm water regulations for smaller opportunities. resource goals. Watershed Restoration cities and construction sites in 1999. By 1999, the U.S. Department of the Action Strategies will spell out the most EPA will also work with its partners to Interior (DOI) and USDA will take the important causes of water pollution and make sure that existing storm water lead in developing a Unified Federal resource degradation, detail the actions control requirements for large urban and Policy to enhance watershed that all parties need to take to solve industrial areas are implemented. management for the protection of water those problems, and set milestones by 4. Improve State and Tribal quality and the health of aquatic which to measure progress. Funds made Enforceable Authorities to Address systems on federal lands and for federal available to federal agencies through the Polluted Runoff. Federal agencies will resource management. Federal land FY 1999 Clean Water and Watershed work with states and tribes to promote managers will improve water quality Restoration Budget Initiative will be the establishment of state and tribal protection for over 2,000 miles of roads used to help states implement these enforceable authorities to ensure the and trails each year through 2005 and strategies. implementation of polluted runoff decommission 5,000 miles each year by 3. Watershed Pollution Prevention. controls by the year 2000. 2002. Federal land managers will also Protecting pristine or sensitive waters 5. Define Nutrient Reduction Goals. accelerate the cleanup rate of and taking preventive action when clean EPA will establish by the year 2000 watersheds affected by abandoned water is threatened by new activities in numeric criteria for nutrients (i.e., mines and will implement an the watershed can be the most cost- nitrogen and phosphorus) that reflect accelerated riparian stewardship effective approach to meeting clean the different types of water bodies (e.g., program to improve or restore 25,000 water goals. The Action Plan encourages lakes, rivers, and estuaries) and different miles of stream corridors by 2005. states, tribal, and federal agencies to ecoregions of the country and will assist 2. Protect and Restore Wetlands. The bring core programs and existing states and tribes in adopting numeric Action Plan sets a goal of attaining a net resources together to support watershed water quality standards based on these increase of 100,000 wetland acres per pollution prevention strategies to keep criteria. year by the year 2005. This goal will be clean waters clean. 6. Reduce Pollution from Animal achieved by ensuring that existing 4. Watershed Assistance Grants. Feeding Operations. EPA will publish wetland programs continue to slow the Federal agencies will provide small and, after public comment, implement rate of wetland losses, improving federal grants to local organizations that want to an Animal Feeding Operation Strategy restoration programs, and by expanding take a leadership role in building local for important and necessary actions on incentives to landowners to restore efforts to restore and protect watersheds. standards and permits. In addition, by wetlands. These grants will ensure that local November 1998, EPA and USDA will 3. Protect Coastal Waters. Federal communities and stakeholders can jointly develop a broad, unified national agencies, led by the National Oceanic effectively engage in the process of strategy to minimize the environmental and Atmospheric Administration setting goals and devising solutions to and public health impacts of Animal (NOAA), will work in partnership to restore their watersheds. Feeding Operations. improve the monitoring of coastal waters, expand research of emerging C. Natural Resource Stewardship B. Strong Federal and State Standards problems like Pfiesteria, amend Fishery The Action Plan calls on federal, Nearly 70 percent of the United Management Plans to address water state, and tribal governments to States, exclusive of Alaska, is held in quality issues, and ensure the strengthen existing programs to support private ownership by millions of implementation of strong programs to an accelerated effort to attack the individuals. Fifty percent, or 907 reduce polluted runoff to coastal waters. nation’s remaining water quality million acres, is owned by farmers, 4. Provide Incentives for Private Land problems. Federal, state, and tribal ranchers, and their families. Another Stewardship. The Action Plan relies on standards for water quality and polluted 400 million acres are federal lands. Most a substantial increase in the technical runoff are key tools for protecting public of the rainfall in the country falls on and financial assistance available to health, preventing polluted runoff, and these lands before it enters rivers, lakes private landowners as the primary ensuring accountability. Some of the and coastal waters. Effective means of accelerating progress toward specific actions called for in the Action management of these croplands, reducing polluted runoff from Plan are identified below. pastures, forests, wetlands, rangelands, agricultural, range, and forest lands. 1. Improve Assurance that Fish and and other resources is key to keeping USDA, working with federal, state, Shellfish are Safe to Eat. Federal clean water clean and restoring tribal, and private partners, will 14112 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices establish by 2002 two million miles of grants to engage local communities and specific meetings, please contact the conservation buffers to reduce polluted citizens in leadership roles in restoring individuals listed below. Documents runoff and protect watersheds, direct their watersheds; accelerate progress in that are the subject of SAB reviews are new funding for the Environmental addressing critical water quality normally available from the originating Quality Incentives Program to support problems on federal lands, including EPA office and are not available from watershed restoration, and develop as those related to roads, abandoned the SAB Office. many new agreements with states as mines, riparian areas, and rangelands; 1. Environmental Economics Advisory practicable to use the Conservation expand and coordinate water quality Committee (EEAC) Reserve Enhancement Program to monitoring programs; and increase improve watersheds. The Plan also efforts to restore nationally significant The Environmental Economics envisions new and innovative methods watersheds, such as the Florida Advisory Committee (EEAC) of the to provide incentives for private Everglades and the San Francisco Bay- Science Advisory Board (SAB), will landowners to implement pollution Delta. meet on April 9, 1998, from 9 am to no prevention plans, including risk later than 4 pm in Room 1103 West IV. A Continuing Commitment to Clean management protection for adoption of Tower, US EPA, 401 M Street SW, Water new pollution prevention technologies Washington, DC 20460. The purpose of and market recognition for producers The publication of the Action Plan is the meeting will be to plan Committee that meet environmental goals. just the beginning of a long-term effort. activities for the next twelve months. In addition, DOI will expand its Many of the proposed actions will Topics to be discussed include the existing Partners for Wildlife Program, provide for later public review and mission of the EEAC, economic analysis which restores degraded fish and comment and federal agencies are at the US EPA, and economics research wildlife habitats and improves water committed to working closely with planning. quality through partnerships with states, tribes, and others to ensure FOR FURTHER INFORMATION CONTACT: landowners. The program provides successful implementation of specific Single copies of the information technical and financial assistance, and actions. provided to the Committee can be gives priority to threatened and In addition, regular reports will keep obtained from Ms. Diana Pozun, Staff endangered species. the public apprised of progress and Secretary, Committee Operations Staff, remaining challenges. By the end of the Science Advisory Board (1400), U.S. D. Informed Citizens and Officials year 2000 and periodically thereafter, EPA, 401 M Street SW., Washington DC Effective management of water status reports on progress in 20460, telephone (202) 260–8414, fax resources requires reliable information implementing watershed restoration (202) 260–7118, or via Email at: about water quality conditions and new plans and related programs will be [email protected]. Anyone wishing tools to communicate information to the provided to the President, the nation’s to make an oral presentation at the public. Federal agencies, led by the U.S. governors, tribal leaders, and the public. meeting must contact Mr. Thomas Geological Survey (USGS), will work Dated: March 18, 1998. Miller, the Designated Federal Officer with states and tribes to improve Robert Perciasepe, for the Environmental Economics monitoring and assessment of water Advisory Committee, in writing no later quality, focusing on nutrients and Assistant Administrator, Office of Water, Environmental Protection Agency. than 4 pm, April 3, 1998, at the above related pollutants. Federal agencies will James R. Lyons, address, via fax (202) 260–7118, or via also work with states and tribes to Email at: [email protected]. The develop and use state-of-the-art systems, Under Secretary, Natural Resources and Environment, Department of Agriculture. request should identify the name of the such as EPA’s Index of Watershed individual who will make the [FR Doc. 98–7641 Filed 3–23–98; 8:45 am] Indicators on the Internet, to presentation and an outline of the issues communicate meaningful information to BILLING CODE 6560±50±P to be addressed. At least 35 copies of the public about water quality any written comments to the Committee conditions in their communities. ENVIRONMENTAL PROTECTION are to be given to Mr. Miller no later III. Clean Water and Watershed AGENCY than the time of the presentation for Restoration Budget Initiative distribution to the Committee and the [FRL±5985±8] interested public. To discuss technical To support the new and expanded aspects of the meeting, please contact efforts to restore and protect the nation’s Science Advisory Board Mr. Miller by telephone at (202) 260– waters as proposed in the Clean Water 5886. Action Plan, the President’s FY 1999 Notification of Public Advisory budget proposes a Clean Water and Committee Meetings 2. The Integrated Risk Project (IRP) Steering Committee (IRP–SC) Watershed Restoration Budget Initiative. AGENCY: Environmental Protection The funding provided in this budget Agency (EPA). The Integrated Risk Project (IRP) initiative will dramatically increase ACTION: Notice. Steering Committee, an ad hoc federal financial support for clean water committee established by the Executive programs in FY 1999 and beyond. SUMMARY: Pursuant to the Federal Committee of the Science Advisory Specifically, the Clean Water and Advisory Committee Act, Pub. L. 92– Board (SAB), will meet on April 13–14, Watershed Restoration Budget Initiative 463, notification is hereby given that 1998 at the Quality Hotel, 1200 North will: increase direct support to states several committees of the Science Courthouse Road, Arlington, VA, and tribes to carry out a watershed Advisory Board (SAB) will meet on the telephone (703) 524–4000. The meeting approach to clean water; increase dates and times described below. All will begin at 8:30 am on April 13, and technical and financial assistance to times noted are Eastern Time. All end no later than 5:30 pm on April 14, farmers, ranchers, and foresters to meetings are open to the public, 1998. The purpose of the meeting is to reduce polluted runoff and enhance the however, due to limited space, seating review and reach closure on two draft natural resources on their lands; fund at meetings will be on a first-come basis. reports that are being developed as part watershed assistance programs and For further information concerning of the Integrated Risk Project. The Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14113 reports include a short overview information on providing comments to subcommittee prior to its meeting; document and a longer detailed the SAB. comments received too close to the document which describes the approach meeting date will normally be provided 3. Executive Committee for integrated environmental decision- to the committee at its meeting. Written making that has been developed by the The Science Advisory Board’s (SAB) comments may be provided to the Committee. Executive Committee (EC) will conduct relevant committee or subcommittee up a public meeting on Wednesday, April until the time of the meeting. Background on the Integrated Risk 15, 1998 and Thursday, April 16, 1998. Information concerning the Science Project (IRP) The meeting will convene each day at Advisory Board, its structure, function, In a letter dated October 25, 1995, to 8:30 am, in the Administrator’s and composition, may be found in The Dr. Matanoski, Chair of the SAB Conference Room 1103 West Tower of FY1997 Annual Report of the Staff Executive Committee, Deputy the U.S. Environmental Protection Director which is available from the Administrator Fred Hansen charged the Agency Headquarters Building, 401 M SAB Committee Evaluation and Support SAB to: (a) Develop an updated ranking Street, SW, Washington, DC 20460, and Staff (CESS) by contacting US EPA, of the relative risk of different will adjourn no later than 5:30 pm on Science Advisory Board (1400), environmental problems based upon each day. Attention: CESS, 401 M Street, SW, explicit scientific criteria; (b) provide an At this meeting, among the topics to Washington, DC 20460 or via fax (202) assessment of techniques and criteria be addressed by the Executive 260–1889. Additional information that could be used to discriminate Committee are the following: (a) concerning the SAB can be found on the among emerging environmental risks Consideration of updates from its SAB Home Page at: http:// and identify those that merit serious, committees; (b) Review of any reports www.epa.gov/sab. that are available for Executive near-term Agency attention; (c) assess Committee action; (c) Discussion of Dated: March 18, 1998. the potential for risk reduction and possible ‘‘strategic-oriented’’ projects Donald G. Barnes, propose alternative technical risk that could be undertaken by the Board; Staff Director, Science Advisory Board. reduction strategies for the (d) Discussion with Agency leaders on environmental problems identified; and [FR Doc. 98–7643 Filed 3–23–98; 8:45 am] the role and impact of science at EPA; (d) identify the uncertainties and data BILLING CODE 6560±50±P and (e) Discussion of other issues that quality issues associated with the may arise. relative rankings. The project is being ENVIRONMENTAL PROTECTION conducted by several SAB panels, FOR FURTHER INFORMATION CONTACT: AGENCY working at the direction of an ad hoc Members of the public desiring additional information concerning the Steering Committee established by the [OPP±30440A; FRL±5778±6] SAB Executive Committee. meeting or who wish to submit comments should contact Dr. Donald G. Single copies of Reducing Risk, the BioSafe Systems; Approval of a Barnes, Designated Federal Officer for Pesticide Product Registration report of the previous relative risk the Executive Committee, Science ranking effort of the SAB, can be Advisory Board (1400), U.S. EPA, 401 M AGENCY: Environmental Protection obtained by contacting the SAB’s Street, SW, Washington, DC 20460, Committee Evaluation and Support Staff Agency (EPA). telephone (202) 260–4126; fax (202) ACTION: Notice. (1400), 401 M Street, SW, Washington, 260–9232; or via Email at: DC 20460, telephone (202) 260–8414, or [email protected]. Copies of the draft SUMMARY: This notice announces fax (202) 260–1889. Members of the meeting agenda and available draft Agency approval of an application to public desiring additional information reports listed above can be obtained register the pesticide product ZeroTol, about the meeting, including an agenda, from Ms. Priscilla Tillery-Gadson on containing an active ingredient should contact Ms. Wanda Fields, Staff (202) 260–8414; fax (202) 260–7118; or involving a change use pattern of the Secretary, Committee Operations Staff, via Email at: [email protected]. product pursuant to the provisions of Science Advisory Board (1400), US An updated agenda will be mounted on section 3(c)(5) of the Federal Insecticide, EPA, 401 M Street, SW, Washington DC the SAB Website [http://www.epa.gov/ Fungicide, and Rodenticide Act 20460, by telephone at (202) 260–8414, sab] no later than one week prior to the (FIFRA), as amended. fax at (202) 260–7118, or via Email at: meeting. [email protected]. FOR FURTHER INFORMATION CONTACT: By Anyone wishing to make a brief oral Providing Oral or Written Comments at mail: Anne Ball, Biopesticides and presentation at the IRP meeting must SAB Meetings Pollution Prevention Division (7511W), contact Mr. Thomas O. Miller, The Science Advisory Board expects Office of Pesticide Programs, Designated Federal Officer, no later than that public statements presented at its Environmental Protection Agency, 401 4:00 pm on April 3, 1998, at fax: (202) meetings will not be repetitive of M St., SW., Washington, DC 20460. 260–7118 or via the Internet at previously submitted oral or written Office location and telephone number: [email protected]. The request should statements. In general, each individual Rm. CS51B6, Westfield Building North identify the name of the individual who or group making an oral presentation Tower, 2800 Crystal Drive, Arlington, will make the presentation and an will be limited to a total time of ten VA 22202, (703) 308–8717; e-mail: outline of the issues to be addressed. At minutes. For conference call meetings, [email protected]. least 35 copies of any written comments opportunities for oral comment will be SUPPLEMENTARY INFORMATION: to the Committee are to be given to Mr. limited to no more than five minutes per Electronic Availability: Electronic Miller no later than the time of the speaker and no more than fifteen copies of this document and the Fact presentation for distribution to the minutes total. Written comments (at Sheet are available from the EPA home Committee and the interested public. least 35 copies) received in the SAB page at the Environmental Sub-Set entry For further information, you may also Staff Office sufficiently prior to a for this document under ‘‘Laws and reach Mr. Miller by phone on (202) 260– meeting date, may be mailed to the Regulations’’ (http://www.epa.gov/ 5886. See below for additional relevant SAB committee or fedrgstr/). 14114 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

EPA issued a notice, published in the (NTIS), 5285 Port Royal Road, ACTION: Notice. Federal Register of September 19, 1997 Springfield, VA 22161. (62 FR 49223)(FRL–5743–5), which In accordance with section 3(c)(2) of SUMMARY: This notice announces receipt announced that BioSafe Systems Inc., 45 FIFRA, a copy of the approved label, the of applications to register pesticide E. Woodthrush Trail, Medford, NJ list of data references, the data and other products containing new active 08055, had submitted an application to scientific information used to support ingredients not included in any register the pesticide product ZeroTol, registration, except for material previously registered products pursuant an algaecide/fungicide (EPA File specifically protected by section 10 of to the provisions of section 3(c)(4) of the Symbol 70299–R), containing the active FIFRA, are available for public Federal Insecticide, Fungicide, and ingredient hydrogen dioxide at 24.00 inspection in the Public Information Rodenticide Act (FIFRA), as amended. percent, an active ingredient which is and Records Integrity Branch, DATES: Written comments must be involves a change use pattern of the Information Resources and Services submitted by April 23, 1998. product. Division (7506C), Office of Pesticide ADDRESSES: By mail, submit written The application was approved on Programs, Environmental Protection comments identified by the document February 11, 1998, as ZeroTol, a broad Agency, Rm. 1132, CM #2, Arlington, control number [OPP–30451] and the spectrum algaecide/fungicide, to VA 22202 (703-305–5805). Requests for file symbols to: Public Information and include in its presently registered use, a data must be made in accordance with Records Intregrity Branch, Information new use for the prevention and control the provisions of the Freedom of Resources and Services Division of horticultural diseases in commercial Information Act and must be addressed (7502C), Office of Pesticide Programs, greenhouses, garden centers, to the Freedom of Information Office (A- Environmental Protection Agency, 401 landscapes, nurseries, and 101), 401 M St., SW., Washington, D.C. M St., SW., Washington, DC 20460. In interiorscapes (EPA Registration 20460. Such requests should: (1) person, bring comments to: Number 70299–1). Identify the product name and Environmental Protection Agency, Rm. The Agency has considered all registration number and (2) specify the 119, CM #2, 1921 Jefferson Davis Hwy., required data on risks associated with data or information desired. Arlington, VA. the proposed use of hydrogen dioxide, and information on social, economic, Authority: 7 U.S.C. 136. Comments and data may also be and environmental benefits to be submitted electronically to: opp- List of Subjects derived from use. Specifically, the [email protected]. Follow the Agency has considered the nature of the Environmental protection, Pesticides instructions under ‘‘SUPPLEMENTARY chemical and its pattern of use, and pests, Product registration. INFORMATION.’’ No Confidential application methods and rates, and level Business Information (CBI) should be and extent of potential exposure. Based Dated: March 16, 1998 submitted through e-mail. on these reviews, the Agency was able Information submitted as a comment to make basic health safety Janet L. Andersen concerning this notice may be claimed determinations which show that use of confidential by marking any part or all Director, Biopesticides and Pollution of that information as CBI. Information hydrogen dioxide when used in Prevention Division, Office of Pesticide accordance with widespread and Programs. so marked will not be disclosed except in accordance with procedures set forth commonly recognized practice, will not [FR Doc. 98–7644 Filed 3–23–98; 8:45 am] generally cause unreasonable adverse in 40 CFR part 2. A copy of the effects to the environment. BILLING CODE 6560±50±F comment that does not contain CBI More detailed information on these must be submitted for inclusion in the registrations is contained in an EPA public record. Information not marked ENVIRONMENTAL PROTECTION confidential may be disclosed publicly Pesticide Fact Sheet on hydrogen AGENCY dioxide. by EPA without prior notice. The public A copy of the fact sheets, which docket is available for public inspection provide a summary description of the [OPP±30451; FRL±5780±3] in Rm. 119 at the Virginia address given pesticides, use patterns and above, from 8:30 a.m. to 4 p.m., Monday Certain Companies; Applications to through Friday, excluding holidays. formulations, science findings, and the Register Pesticide Products Agency’s regulatory position and FOR FURTHER INFORMATION CONTACT: The rationale, may be obtained from the AGENCY: Environmental Protection Regulatory Action Leader listed in the National Technical Information Service Agency (EPA). table below:

Regulatory Action Leader Office location/telephone number Address

Denise Greenway ...... 5th Floor, CS1 #2, 703±308±8263, e-mail: [email protected]. 2800 Crystal Drive, Arlington, VA 22202 John Tice ...... Rm. 5-W43, CS #2, 703±308±8295, e-mail: [email protected]. Do.

SUPPLEMENTARY INFORMATION: EPA applications does not imply a decision 1400, Denver, CO 80237. Product Name: received applications as follows to by the Agency on the applications. FTGΤΜ. Microbial pest control agent. register pesticide products containing Active ingredient: Burkholderia cepacia active ingredients not included in any I. Products Containing Active strain Ral-3 at 1.96 percent. Proposed Ingredients Not Included In Any previously registered products pursuant classification/Use: General. For Previously Registered Products to the provision of section 3(c)(4) of commercial application to seed and/or FIFRA. Notice of receipt of these 1. File Symbol: 70724–R. Applicant: seedlings of conifers and deciduous Agrium U.S. Inc., South Ulster St., Suite Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14115 trees, also intended for indoor use only. Dated: March 16, 1998 DATES: RAGS Part D was conveyed to (D. Greenway) EPA Superfund National Managers by 2. File Symbol: 4822–UOO. Janet L. Andersen memorandum from Stephen D. Luftig Applicant: S.C. Johnson and Son, Inc., Director, Biopesticides and Pollution (Director, Office of Emergency and 5125 Howe St., Racine, WI 53403–2236. Prevention Division, Office of Pesticide Remedial Response) and Barry Breen Product Name: Granola 97. Programs. (Director, Office of Site Remediation Enforcement) on December 17, 1997, Manufacturing Use Product. Active [FR Doc. 98–7645 Filed 3–23–98; 8:45 am] and is now being published by National ingredient: p-Methane-3,8-diol at 99.0 BILLING CODE 6560±50±F Technical Information Service (NTIS). percent. Proposed classification/Use: General. For manufacturing of insect ADDRESSES: Copies of RAGS Part D can repellent products. (J. Tice) ENVIRONMENTAL PROTECTION be downloaded from the Internet AGENCY immediately by going to the RAGS Part Notice of approval or denial of an D website, located at http:// application to register a pesticide [FRL±5985±7] www.epa.gov/superfund/oerr/techres/ product will be announced in the ragsd/ragsd.html. In approximately Federal Register. The procedure for Risk Assessment Guidance for three weeks, a hard copy of the requesting data will be given in the Superfund: Volume IÐHuman Health document can be obtained by contacting Federal Register if an application is Evaluation Manual (Part D, NTIS at (703) 487–4650. Members of the approved. Standardized Planning, Reporting, and public are invited to inspect the docket Review of Superfund Risk developed to support the RAGS Part D Comments received within the Assessments) (RAGS Part D) specified time period will be considered guidance at the Superfund Docket, U.S. before a final decision is made; AGENCY: Environmental Protection. Environmental Protection Agency, 1235 comments received after the time ACTION: Notice of availability of RAGS Jefferson Davis Highway, Arlington, specified will be considered only to the Part D. Virginia. [Docket Number RAGS Part D]. extent possible without delaying The docket is available for inspection processing of the application. SUMMARY: The U.S. Environmental between 9:00 a.m. and 4:00 p.m. Protection Agency (EPA) has developed Monday through Friday, excluding II. Public Record and Electronic Risk Assessment Guidance for Federal holidays. Appointments to Submissions Superfund: Volume I—Human Health review the docket can be made by Evaluation Manual (Part D, calling (703) 603–9232. The public may The official record for this notice, as Standardized Planning, Reporting, and copy a maximum of 266 pages from the well as the public version, has been Review of Superfund Risk Assessments) docket at no charge; each page thereafter established for this notice under docket RAGS Part D), which is now available. will cost 15 cents, plus a $25 number [OPP–30451] (including This guidance is intended to assist administrative fee. comments and data submitted remedial project managers (RPMs), risk In addition to the guidance document, electronically as described below). A assessors, site engineers, and others in the Part D guidance and corresponding public version of this record, including standardizing risk assessment planning, information may be accessed printed, paper versions of electronic reporting, and review at electronically on the RAGS Part D comments, which does not include any Comprehensive, Environmental website. Updates to Part D will also information claimed as CBI, is available Response Compensation and Liability appear on the website along with an for inspection from 8:30 a.m. to 4 p.m., Act (CERCLA) sites. index of the current version of each Monday through Friday, excluding legal This guidance is the fourth part (Part Chapter or Appendix. holidays. The official notice record is D) in the series Risk Assessment Questions or comments regarding Part located at the address in ‘‘ADDRESSES’’ Guidance for Superfund: Volume I— D usage should be directed to an EPA at the beginning of this document. Human Health Evaluation Manual regional risk assessor or to the EPA Electronic comments can be sent (RAGS/HHEM). Part A describes how to RAGS Part D Workgroup through the directly to EPA at: conduct a site-specific baseline risk RAGS Part D website. Questions or [email protected] assessment and provides the necessary comments received through the website background for Part D. Part B provides will be considered by the Workgroup guidance for calculating risk-based and a response will be developed and Electronic comments must be concentrations that may be used, along forwarded via telephone or E—mail as submitted as an ASCII file avoiding the with applicable or relevant and appropriate. Frequently asked questions use of special characters and any form appropriate requirements (ARARs) and will be assembled and displayed on the of encryption. Comment and data will other information, to develop website with corresponding responses. also be accepted on disks in preliminary remediation goals (PRGs) FOR FURTHER INFORMATION CONTACT: Wordperfect 5.1/6.1 or ASCII file during project scoping. The analyses in Contact the RCRA/Superfund Hotline at format. All comments and data in Part C utilize PRGs (and final (800) 424–9346; from the Washington, electronic form must be identified by remediation levels set in the Record of D.C. metropolitan area call (703) 412– the docket number [OPP–30451]. Decision [ROD]) to assist in evaluating 9810. The Telecommunications Device Electronic comments on this notice may the human health risks of remedial for the Deaf (TDD) Hotline number is be filed online at many Federal alternative. Part D complements the (800) 553–7672; from the Washington, Depository Libraries. guidance provided in Parts A, B, and C, D.C. metropolitan area the number is Authority: 7 U.S.C. 136. and presents approaches to standardize (703) 412–3323. You may also contact risk assessment planning, reporting, and the Senior Process Manager for Risk, List of Subjects review. Part D guidance spans the RAGS Part D, Office of Emergency and CERCLA remedial process from project Remedial Response (5202G), U.S. Environmental protection, Pesticides scoping to periodic review of the Environmental Protection Agency, 401 and pest, Product registration. implemented remedial action. M Street, SW, Washington, D.C. 20460. 14116 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

SUPPLEMENTARY INFORMATION: Technical Approach for Risk • Chapter 2: Risk Considerations Assessment (TARA), Standard Tables, During Project Scoping; Background and Instructions for the Standard • Chapter 3: Risk Assessment Data The March 21, 1995 memorandum on Tables. Needs and Tasks During the Remedial Risk Characterization Policy and • TARA is a road map for Investigation; Guidance from Administrator Browner incorporating continuous involvement • Chapter 4: Risk Evaluations During directed improvement in the of the EPA risk assessor throughout the the Feasibility Study; transparency, clarity, consistency, and CERCLA remedial process for a • Chapter 5: Risk Evaluations After reasonableness of risk assessments at particular site. Addressed are risk- the Feasibility Study; EPA. EPA, over the years, has identified related activities starting with project • Appendix A: Standard Tables; opportunities for improvement in scoping and problem formulation, • Appendix B: Instructions for presentation of Superfund risk extending through collection and Completion of the Standard Tables; and assessments. Furthermore, the General analysis of risk-related data, and • Appendix C: Data Useability Accounting Office (GAO), members of supporting risk management decision Worksheet. Congress, and others have called for making and remedial design/remedial In addition, other useful information betterment of Superfund risk action issues. is presented in highlight boxes placed assessments. The October 1995 • # The Standard Tables have been throughout the document. Superfund Administrative Reform 6A developed to clearly and consistently directed EPA to: Establish National This guidance will be updated document important parameters, data, periodically in response to user Criteria to Plan, Report, and Review calculations, and conclusions from all Superfund Risk Assessments. EPA has comments and suggestions and to stages of human health risk assessment address new human health risk developed an approach to respond to development. Electronic templates for these challenges, which is presented in assessment guidance, as appropriate. A the Standard Tables are available in RAGS Part D mailing list will be RAGS Part D.   LOTUS and EXCEL . compiled. By using the card found at An Agency workgroup of regional and • headquarters risk assessors (the RAGS Instructions for the Standard Tables the back of the Part D package, Part D Workgroup) has been active since have been prepared to ensure interested parties can add their names to the second quarter of FY 96 developing standardization in the preparation and/ the list for automatic notification Standard Tools and other approaches to or review of Standard Tables for each regarding future updates. support standardization. Preliminary site-specific human health risk assessment. Goals draft Standard Tools developed by the • Workgroup in 1996 were tested and Continuous Involvement of EPA The RAGS Part D approach provides subjected to regional and state review in Risk Assessors—Early and continuous numerous advantages over current risk the fourth quarter of FY 96. Additional involvement by the EPA risk assessor is assessment practices in the Superfund developing and testing were performed critical in the CERCLA remedial program at both the site level and the by the Workgroup in FY 97, and a process, from scoping through overall program level. second regional review occurred in completion of remedial activities. EPA The use of Standard Tools will fourth quarter FY 97. The Workgroup risk assessors support reasonable and facilitate planning with TARA, also coordinated extensively with the consistent risk analysis and risk-based reporting with Standard Table formats, development team for the National decision making. Their up-front and reviewing of Interim Deliverables. Superfund Database (CERCLIS 3) during involvement should include scoping, The Standard Tools will provide FY 97, concurrent with CERCLIS 3 work plan review, and customization of consistent content and clarity of data, development and testing efforts. The the TARA for each site to identify all parameters, and assumptions. Standard Tools in RAGS Part D risk-related requirements. The EPA risk Transparency will be improved by the (Technical Approach for Risk assessors will review Interim Standard Tables, making it easier for the Assessment, Standard Tables, and Deliverables and identify corrections public and other interested parties to Instructions for the Standard Tables) needed prior to preparation of the Draft understand the risk assessment, and reflect the results of continued and Final Baseline Risk Assessment review will be facilitated because the development, testing, and CERCLIS 3 Reports. Participation of the EPA risk basis for conclusions will be clear. interaction, and are now available for assessors in all other phases of the Because Interim Deliverables are use immediately. CERCLA remedial process will ensure integral parts of the baseline risk human health risk issues are assessment, their early review and Elements for Part D Approach appropriately incorporated in the resolution by EPA risk assessors will Today’s Federal Register notice remedy selection and implementation minimize rework and may reduce announces the availability of Risk processes. project schedules and budgets while Assessment Guidance for Superfund: • Electronic Data Transfer to a improving quality of the final product. Volume I—Human Health Evaluation National Superfund Database— Continuous involvement of the EPA Manual (Part D, Standardized Planning, Summary-level site-specific risk risk assessor throughout the CERCLA Reporting, and Review of Superfund information will be stored in a National remedial process will result in holistic Risk Assessments) (RAGS Part D). The Superfund database (CERCLIS 3) to consideration of risk issues during RAGS Part D approach consists of three provide data access and data scoping and will ensure that appropriate elements: Use of Standard Tools, management capabilities to all EPA and adequate data are collected. At later Continuous Involvement of EPA Risk staff. The CERCLIS 3 risk-related data stages of the project, continuous Assessors, and Electronic Data Transfer represent a subset of the data presented involvement of the EPA risk assessor to a National Superfund Database: in the Standard Tables. will promote reasonableness and • Use of Standard Tools—The RAGS Part D is organized into five consistency in risk management Standard Tools developed by the EPA chapters and three appendices as decision making by clearly providing RAGS Part D Workgroup and refined follows: risk managers with the information they through regional review include a • Chapter 1: Introduction; need. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14117

Through submission of electronic Assistance Grants; 83.545, Disaster Housing FEDERAL EMERGENCY Standard Tables, CERCLIS 3 risk data Program; 83.548, Hazard Mitigation Grant MANAGEMENT AGENCY reporting requirements will be met Program.) [FEMA±1195±DR] electronically. Submission of the risk Dennis H. Kwiatkowski, data to CERCLIS 3 will also fulfill the Deputy Associate Director, Response and Florida; Amendment to Notice of a review objectives of Superfund Recovery Directorate. Major Disaster Declaration # Administrative Reform 6A by [FR Doc. 98–7610 Filed 3–23–98; 8:45 am] providing the public and other AGENCY: Federal Emergency BILLING CODE 6718±02±P interested parties access to risk data. Management Agency (FEMA). Use of the data by EPA risk assessors ACTION: Notice. will improve consistency in future risk FEDERAL EMERGENCY assessments. SUMMARY: This notice amends the notice MANAGEMENT AGENCY of a major disaster for the State of Dated: March 17, 1998. Florida, (FEMA–1195–DR), dated Timothy Fields, Jr., [FEMA±1195±DR] January 6, 1998, and related Acting Assistant Administrator, determinations. Florida; Amendment to Notice of a Office of Solid Waste and Emergency EFFECTIVE DATE: March 17, 1998. Response. Major Disaster Declaration FOR FURTHER INFORMATION CONTACT: [FR Doc. 98–7639 Filed 3–23–98; 8:45 am] Madge Dale, Response and Recovery BILLING CODE 6560±50±M AGENCY: Federal Emergency Management Agency (FEMA). Directorate, Federal Emergency Management Agency, Washington, DC ACTION: Notice. 20472, (202) 646–3260. FEDERAL EMERGENCY SUPPLEMENTARY INFORMATION: The notice MANAGEMENT AGENCY SUMMARY: This notice amends the notice of a major disaster for the State of [FEMA±1208±DR] of a major disaster for the State of Florida, is hereby amended to include Florida, (FEMA–1195–DR), dated the following areas among those areas Alabama; Amendment to Notice of a January 6, 1998, and related determined to have been adversely Major Disaster Declaration determinations. affected by the catastrophe declared a major disaster by the President in his AGENCY: Federal Emergency EFFECTIVE DATE : March 16, 1998. declaration of January 6, 1998: Management Agency (FEMA). FOR FURTHER INFORMATION CONTACT: Jackson County for Public Assistance ACTION: Notice. Madge Dale, Response and Recovery (already designated for Individual SUMMARY: This notice amends the notice Directorate, Federal Emergency Assistance). of a major disaster for the State of Management Agency, Washington, DC (The following Catalog of Federal Domestic Alabama, (FEMA–1208-DR), dated 20472, (202) 646–3260. Assistance Numbers (CFDA) are to be used March 9, 1998, and related for reporting and drawing funds: 83.537, SUPPLEMENTARY INFORMATION: The notice Community Disaster Loans; 83.538, Cora determinations. of a major disaster for the State of Brown Fund Program; 83.539, Crisis EFFECTIVE DATE: March 17, 1998. Florida, is hereby amended to include Counseling; 83.540, Disaster Legal Services FOR FURTHER INFORMATION CONTACT: the following areas among those areas Program; 83.541, Disaster Unemployment Madge Dale, Response and Recovery determined to have been adversely Assistance (DUA); 83.542, Fire Suppression Directorate, Federal Emergency Assistance; 83.543, Individual and Family affected by the catastrophe declared a Grant (IFG) Program; 83.544, Public Management Agency, Washington, DC major disaster by the President in his Assistance Grants; 83.545, Disaster Housing 20472, (202) 646–3260. declaration of January 6, 1998: Program; 83.548, Hazard Mitigation Grant SUPPLEMENTARY INFORMATION: Program.) The notice Calhoun and Gulf Counties for Public of a major disaster for the State of Assistance (already designated for Dennis H. Kwiatkowski, Alabama, is hereby amended to include Individual Assistance) Deputy Associate Director, Response and Public Assistance in the following areas Recovery Directorate. determined to have been adversely (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used [FR Doc. 98–7609 Filed 3–23–98; 8:45 am] affected by the catastrophe declared a for reporting and drawing funds: 83.537, BILLING CODE 6718±02±P major disaster by the President in his Community Disaster Loans; 83.538, Cora declaration of March 9, 1998: Brown Fund Program; 83.539, Crisis Barbour, Butler, Conecuh, Crenshaw, Henry, Counseling; 83.540, Disaster Legal Services FEDERAL EMERGENCY and Randolph Counties for Individual Program; 83.541, Disaster Unemployment MANAGEMENT AGENCY Assistance and Public Assistance. Assistance (DUA); 83.542, Fire Suppression [FEMA±1209±DR] Coffee, Covington, Dale, Escambia, Geneva, Assistance; 83.543, Individual and Family and Houston Counties for Public Grant (IFG) Program; 83.544, Public Georgia; Amendment to Notice of a Assistance (already designated for Major Disaster Declaration Individual Assistance). Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant (The following Catalog of Federal Domestic AGENCY: Federal Emergency Program.) Assistance Numbers (CFDA) are to be used Management Agency (FEMA). for reporting and drawing funds: 83.537, Dennis H. Kwiatkowski, ACTION: Notice. Community Disaster Loans; 83.538, Cora Deputy Associate Director, Response and Brown Fund Program; 83.539, Crisis Recovery Directorate. SUMMARY: This notice amends the notice Counseling; 83.540, Disaster Legal Services [FR Doc. 98–7608 Filed 3–23–98; 8:45 am] of a major disaster for the State of Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression BILLING CODE 6718±02±P Georgia, (FEMA–1209-DR), dated March Assistance; 83.543, Individual and Family 11, 1998, and related determinations. Grant (IFG) Program; 83.544, Public EFFECTIVE DATE: March 17, 1998. 14118 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

FOR FURTHER INFORMATION CONTACT: from severe storms and flooding beginning FEDERAL EMERGENCY Madge Dale, Response and Recovery on March 7, 1998, and continuing, is of MANAGEMENT AGENCY Directorate, Federal Emergency sufficient severity and magnitude to warrant Management Agency, Washington, DC a major disaster declaration under the Robert [FEMA±1209±DR] 20472, (202) 646–3260. T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93–288 as amended, SUPPLEMENTARY INFORMATION: The notice (‘‘the Stafford Act’’). I, therefore, declare that Georgia; Amendment to Notice of a of a major disaster for the State of such a major disaster exists in the State of Major Disaster Declaration Georgia, is hereby amended to include Georgia. Public Assistance in the following areas In order to provide Federal assistance, you AGENCY: Federal Emergency determined to have been adversely are hereby authorized to allocate from funds Management Agency (FEMA). affected by the catastrophe declared a available for these purposes, such amounts as major disaster by the President in his you find necessary for Federal disaster ACTION: Notice. assistance and administrative expenses. declaration of March 11, 1998: You are authorized to provide Individual SUMMARY: This notice amends the notice DeCatur and Mitchell Counties for Public Assistance and Hazard Mitigation in the Assistance (already designated for designated areas and any other forms of of a major disaster for the State of Individual Assistance). assistance under the Stafford Act you may Georgia, (FEMA–1209-DR), dated March (The following Catalog of Federal Domestic deem appropriate. Consistent with the 11, 1998, and related determinations. requirement that Federal assistance be Assistance Numbers (CFDA) are to be used EFFECTIVE DATE: March 14, 1998. for reporting and drawing funds: 83.537, supplemental, any Federal funds provided Community Disaster Loans; 83.538, Cora under the Stafford Act for Public Assistance FOR FURTHER INFORMATION CONTACT: Brown Fund Program; 83.539, Crisis or Hazard Mitigation will be limited to 75 Madge Dale, Response and Recovery Counseling; 83.540, Disaster Legal Services percent of the total eligible costs. Directorate, Federal Emergency Program; 83.541, Disaster Unemployment The time period prescribed for the Management Agency, Washington, DC Assistance (DUA); 83.542, Fire Suppression 20472, (202) 646–3260. Assistance; 83.543, Individual and Family implementation of section 310(a), Grant (IFG) Program; 83.544, Public Priority to Certain Applications for SUPPLEMENTARY INFORMATION: The notice Assistance Grants; 83.545, Disaster Housing Public Facility and Public Housing of a major disaster for the State of Program; 83.548, Hazard Mitigation Grant Assistance, 42 U.S.C. 5153, shall be for Georgia, is hereby amended to include Program.) a period not to exceed six months after the following areas among those areas Dennis H. Kwiatkowski, the date of this declaration. determined to have been adversely Deputy Associate Director, Response and Notice is hereby given that pursuant affected by the catastrophe declared a Recovery Directorate. to the authority vested in the Director of major disaster by the President in his [FR Doc. 98–7611 Filed 3–23–98; 8:45 am] the Federal Emergency Management declaration of March 11, 1998: BILLING CODE 6718±02±P Agency under Executive Order 12148, I DeCatur and Monroe Counties for Individual hereby appoint Warren M. Pugh, Jr. of Assistance. the Federal Emergency Management Baker, Coffee, Crisp, Dougherty, Irwin, Lee, FEDERAL EMERGENCY Agency to act as the Federal MANAGEMENT AGENCY Miller, and Montgomery Counties for Coordinating Officer for this declared Public Assistance (already designated for [FEMA±1209±DR] disaster. Individual Assistance). I do hereby determine the following Appling, Atkinson, Ben Hill, Berrien, Georgia; Major Disaster and Related areas of the State of Georgia to have Bleckley, Brooks, Burke, Calhoun, Candler, Determinations been affected adversely by this declared Clay, Colquitt, Cook, Dodge, Dooly, major disaster: Douglas, Early, Emanuel, Heard, Jefferson, AGENCY: Federal Emergency Johnson, Jenkins, Laurens, McIntosh, Pike, Management Agency (FEMA). Baker, Dougherty, Irwin, Miller, Pulaski, Quitman, Randolph, Screven, Montgomery, and Seminole Counties ACTION: Notice. Stewart, Sumter, Talbot, Telfair, Terrell, Individual Assistance. Thomas, Toombs, Treutlen, Webster, SUMMARY: This is a notice of the All counties within the State of Wheeler, Wilcox, and Worth Counties for Presidential declaration of a major Georgia are eligible to apply for Individual Assistance and Public disaster for the State of Georgia (FEMA– assistance under the Hazard Mitigation Assistance. 1209–DR), dated March 11, 1998, and Grant Program. (The following Catalog of Federal Domestic related determinations. Assistance Numbers (CFDA) are to be used (The following Catalog of Federal Domestic for reporting and drawing funds: 83.537, EFFECTIVE DATE: March 11, 1998. Assistance Numbers (CFDA) are to be used Community Disaster Loans; 83.538, Cora FOR FURTHER INFORMATION CONTACT: for reporting and drawing funds: 83.537, Brown Fund Program; 83.539, Crisis Community Disaster Loans; 83.538, Cora Madge Dale, Response and Recovery Counseling; 83.540, Disaster Legal Services Directorate, Federal Emergency Brown Fund Program; 83.539, Crisis Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment Management Agency, Washington, DC Assistance (DUA); 83.542, Fire Suppression 20472, (202) 646–3260. Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family SUPPLEMENTARY INFORMATION: Notice is Assistance; 83.543, Individual and Family Grant (IFG) Program; 83.544, Public hereby given that, in a letter dated Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing March 11, 1998, the President declared Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant a major disaster under the authority of Program; 83.548, Hazard Mitigation Grant Program.) the Robert T. Stafford Disaster Relief Program.) Dennis H. Kwiatkowski, and Emergency Assistance Act (42 James L. Witt, Deputy Associate Director, Response and U.S.C. 5121 et seq.), as follows: Director. Recovery Directorate. I have determined that the damage in [FR Doc. 98–7612 Filed 3–23–98; 8:45 am] [FR Doc. 98–7613 Filed 3–23–98; 8:45 am] certain areas of the State of Georgia, resulting BILLING CODE 6718±02±P BILLING CODE 6718±02±P Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14119

FEDERAL EMERGENCY A. Federal Reserve Bank of San 1. Mainline Bancorp, Ebensburg, MANAGEMENT AGENCY Francisco (Maria Villanueva, Manager Pennsylvania; to acquire 100 percent of of Analytical Support, Consumer the voting shares of First National Bank [FEMA±1209±DR] Regulation Group) 101 Market Street, of Spangler, Spangler, Pennsylvania. Georgia; Amendment to Notice of a San Francisco, California 94105-1579: Board of Governors of the Federal Reserve Major Disaster Declaration 1. Security Bank Holding Company System, March 19, 1998. Stock Ownership Plan, and Security Jennifer J. Johnson, AGENCY: Federal Emergency Bank Holding Company, both of Coos Deputy Secretary of the Board. Management Agency (FEMA). Bay, Oregon; to acquire 100 percent of [FR Doc. 98–7649 Filed 3–23–98; 8:45 am] ACTION: Notice. the voting shares of Family Security Bank, Brookings, Oregon (in BILLING CODE 6210±01±F SUMMARY: This notice amends the notice organization). of a major disaster for the State of Comments on this application must FEDERAL RESERVE SYSTEM Georgia, (FEMA–1209–DR), dated be received by April 10, 1998. March 11, 1998, and related Sunshine Act Meeting determinations. Board of Governors of the Federal Reserve System, March 19, 1998. EFFECTIVE DATE: March 16, 1998. AGENCY HOLDING THE MEETING: Board of Jennifer J. Johnson, Governors of the Federal Reserve FOR FURTHER INFORMATION CONTACT: Deputy Secretary of the Board. System. Madge Dale, Response and Recovery [FR Doc. 98–7650 Filed 3–23–98; 8:45 am] Directorate, Federal Emergency TIME AND DATE: 12:00 noon, Monday, BILLING CODE 6210±01±F Management Agency, Washington, DC March 30, 1998. 20472, (202) 646–3260. PLACE: Marriner S. Eccles Federal SUPPLEMENTARY INFORMATION: The notice FEDERAL RESERVE SYSTEM Reserve Board Building, 20th and C of a major disaster for the State of Streets, N.W., Washington, D.C. 20551. Georgia, is hereby amended to include Formations of, Acquisitions by, and STATUS: Closed. the following areas among those areas Mergers of Bank Holding Companies MATTERS TO BE CONSIDERED: determined to have been adversely The companies listed in this notice 1. Personnel actions (appointments, affected by the catastrophe declared a have applied to the Board for approval, promotions, assignments, major disaster by the President in his pursuant to the Bank Holding Company reassignments, and salary actions) declaration of March 11, 1998: Act of 1956 (12 U.S.C. 1841 et seq.) involving individual Federal Reserve Bacon, Crawford, Haralson, Jeff Davis, (BHC Act), Regulation Y (12 CFR Part System employees. Macon, and Tift for Individual Assistance 225), and all other applicable statutes 2. Any matters carried forward from a and Public Assistance. and regulations to become a bank previously announced meeting. Ware County for Individual Assistance. holding company and/or to acquire the CONTACT PERSON FOR MORE INFORMATION: (The following Catalog of Federal Domestic assets or the ownership of, control of, or Joseph R. Coyne, Assistant to the Board; Assistance Numbers (CFDA) are to be used 202–452–3204. for reporting and drawing funds: 83.537, the power to vote shares of a bank or Community Disaster Loans; 83.538, Cora bank holding company and all of the SUPPLEMENTARY INFORMATION: You may Brown Fund Program; 83.539, Crisis banks and nonbanking companies call 202–452–3206 beginning at Counseling; 83.540, Disaster Legal Services owned by the bank holding company, approximately 5 p.m. two business days Program; 83.541, Disaster Unemployment including the companies listed below. before the meeting for a recorded Assistance (DUA); 83.542, Fire Suppression The applications listed below, as well announcement of bank and bank Assistance; 83.543, Individual and Family as other related filings required by the holding company applications Grant (IFG) Program; 83.544, Public Board, are available for immediate scheduled for the meeting; or you may Assistance Grants; 83.545, Disaster Housing contact the Board’s Web site at http:// Program; 83.548, Hazard Mitigation Grant inspection at the Federal Reserve Bank Program.) indicated. The application also will be www.bog.frb.fed.us for an electronic announcement that not only lists Dennis H. Kwiatkowski, available for inspection at the offices of the Board of Governors. Interested applications, but also indicates Deputy Associate Director, Response and procedural and other information about Recovery Directorate. persons may express their views in writing on the standards enumerated in the meeting. [FR Doc. 98–7614 Filed 3–23–98; 8:45 am] the BHC Act (12 U.S.C. 1842(c)). If the Dated: March 20, 1998. BILLING CODE 6718±02±P proposal also involves the acquisition of Jennifer J. Johnson, a nonbanking company, the review also Deputy Secretary of the Board. includes whether the acquisition of the FEDERAL RESERVE SYSTEM nonbanking company complies with the [FR Doc. 98–7838 Filed 3–20–98; 3:21 pm] standards in section 4 of the BHC Act. BILLING CODE 6210±01±P Formations of, Acquisitions by, and Unless otherwise noted, nonbanking Mergers of Bank Holding Companies; activities will be conducted throughout Correction the United States. GOVERNMENT PRINTING OFFICE This notice corrects a notice (FR Doc. Unless otherwise noted, comments Depository Library Council to the 98-6914) published on page 13256 of the regarding each of these applications Public Printer; Meeting issue for Wednesday, March 18, 1998. must be received at the Reserve Bank Under the Federal Reserve Bank of indicated or the offices of the Board of The Depository Library Council to the San Francisco heading, the entry for Governors not later than April 17, 1998. Public Printer (DLC) will hold its Spring Security Bank Holding Company A. Federal Reserve Bank of 1998 meeting on Monday, April 20, Employee Stock Ownership Plan, Coos Philadelphia (Michael E. Collins, Senior 1998, through Thursday, April 23, 1998, Bay, Oregon, is revised to read as Vice President) 100 North 6th Street, in Arlington, Virginia. The meeting follows: Philadelphia, Pennsylvania 19105-1521: sessions will take place from 8:30 a.m. 14120 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices until 5 p.m. on Monday, Tuesday, information standards development 14. Do you feel that there is a need for the Wednesday and from 8:30 a.m. until 12 organizations, parents, social welfare Federal Government to provide leadership in noon on Thursday. The sessions will be agencies, law enforcement agencies, developing state and community based legislators, privacy and consumer interest immunization registries? What should the held at the Washington National Airport groups and other representatives of the Hilton, 2399 Jefferson Davis Highway, role of the Federal Government be in this public at large. effort? Arlington, Virginia 22202. The purpose Based on the outcome of these meetings, a 15. Given the mandate of Health Insurance of this meeting is to discuss the Federal National Immunization Registry Plan of Portability and Accountability Act (HIPPA) Depository Library Program. The Action will be developed and proposed to to create a unique health identifier, how meeting is open to the public. NVAC for their deliberation and approval. should that goal be achieved while A limited number of hotel rooms have This plan will identify registry barriers and minimizing the probability of inappropriate been reserved at the Washington solutions; strategies to build a registry use of the identifier? National Airport Hilton for anyone network, resource requirements and 16. What steps can be taken to prevent commitments, and a target date for network unauthorized re-disclosure of information needing hotel accommodations. completion. already provided to an organization or Telephone: 800–HILTONS, 703–418– Matters to be Discussed: Agenda items will person? 6800; FAX: 703–418–3763. Please include an overview of the Initiative on specify the Depository Library Council Immunization Registries and current 17. What data capture technology (e.g., bar immunization registry efforts and discussions codes, voice recognition, etc.) can minimize when you contact the hotel. Room cost the negative impact on workflow? per night is $124. by organizational representatives on privacy and confidentiality issues relevant to 18. What techniques (e.g., standard Michael F. DiMario, immunization registries. knowledge representation such as Arden Public Printer. Agenda items are subject to change as Syntax) can be used to disseminate [FR Doc. 98–7615 Filed 3–23–98; 8:45 am] priorities dictate. vaccination guidelines to individual registries quickly and with a minimum of BILLING CODE 1520±01±P Terminology: Privacy—The right of an individual to limit access by others to some new programming required to update aspect of the person. Confidentiality—The automated reminder/recall and forecasting treatment of information that an individual based on the guidelines? DEPARTMENT OF HEALTH AND has disclosed in a relationship of trust and 19. What legal barriers exist that prevent HUMAN SERVICES with the expectation that it will not be data sharing by MCOs and how can they be divulged to others in ways that are obviated? Centers for Disease Control and inconsistent with the understanding of the 20. What mechanism should be available to Prevention original disclosure. Individually identifiable allow parents to opt out of the registry? information—Information that can 21. What agency/organization should be National Vaccine Advisory Committee reasonably be used to identify an individual responsible for maintaining registry Meeting (by name or by inference). information? 22. How should consent for inclusion in an Questions To Be Considered The National Vaccine Program Office immunization registry be obtained? Should it of the Centers for Disease Control and 1. Should immunization data have be implicit or explicit? Prevention (CDC) announces the different privacy requirements than the rest 23. What information should be included following meeting: of the medical record? in an immunization registry? 2. How can the disclosure and re- 24. Should registries include (and release) Name: National Vaccine Advisory disclosure of immunization information be information on contraindications, adverse Committee (NVAC) Immunization Registries controlled through policies, procedures, and events, etc.? Workgroup on Privacy and Confidentiality. legislation? 25. Who should have access to Time and Date: 9 a.m.–5:30 p.m., April 6, 3. Should consent to participate be implied 1998. immunization registry data and how can or required? In what form? restricted access be assured? Place: The Hilton at Riverside, 2 Poydras 4. Should different levels of disclosure be at the Mississippi River, New Orleans, 26. What information should be available possible? What levels should be available to to persons other than the client/patient and Louisiana 70140, telephone 504/561–0500. what groups? the direct health care provider (e.g., schools)? Status: Open to the public, limited only by 5. Who should have access to 27. What is the best way to protect privacy space available. The meeting room immunization registry data? and ensure confidentiality within a registry? accommodates approximately 400 people. 6. What information should be disclosed to 28. How should individuals/parents have Purpose: During a White House ceremony an immunization registry? on July 23, 1997, the President directed the 7. What other uses can immunization access to registry information on themselves/ Secretary of Health and Human Services registry data have? their children? (HHS) to work with the States on integrated 8. Would ability to produce a legal record 29. Should data maintained in a state and immunization registries. As a result, NVAC be a desirable function for the registry? community based immunization registry be has formed a workgroup, staffed by the 9. What fair information practices should considered public information? National Immunization Program (NIP) which be implemented (e.g., ability to correct the 30. Would national privacy and will gather information for development of a record, notice of being put in registry to confidentiality standards help ensure that National Plan of Action for Immunization parent)? data maintained in an immunization registry Registries. 10. How long should information be kept is protected? To assist in the formulation of this work in a registry? Contact Person for More Information: Robb plan, a series of public meetings, relating to 11. How will privacy issues affect the Linkins, Ph.D., Chief, Systems Development (1) privacy and confidentiality; (2) resource following groups: parents, immigrants, Branch, Data Management Division, NIP, issues; (3) technology and operations; and (4) religious groups, HIV-positive and other CDC, 1600 Clifton Road, NE, M/S E–62, ensuring provider participation, will be held immunocompromised health conditions, law Atlanta, Georgia 30333, telephone 404/639– throughout the Nation. These meetings will enforcement, victims of domestic violence, 8728, e-mail address: [email protected]. provide an opportunity for input from all and custodial parents? Dated: March 19, 1998. partners and stakeholders which include 12. How should registries ensure that Carolyn J. Russell, state and local public health agencies, privacy policies are followed? Director, Management Analysis and Services professional organizations of private health 13. Do you have any comment or Office, Centers for Disease Control and agencies, managed care organizations, recommendation for NVAC/CDC/HHS related Prevention (CDC). employer-funded health care plans, vaccine to the implementation of the network of state manufacturers and developers, vendors and and community based registries and do you [FR Doc. 98–7694 Filed 3–23–98; 8:45 am] developers of medical information systems, have any concerns? BILLING CODE 4163±18±P Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14121

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND to a health professions practice HUMAN SERVICES HUMAN SERVICES outcome. Participants will be advised that the provision of SSNs is voluntary. Health Resources and Services Health Resources and Services DATES: HRSA invites interested parties Administration Administration to submit comments on the proposed new use of existing record on or before Availability of the HRSA Competitive Availability of the HRSA Competitive May 4, 1998. HRSA has sent a Report of Grants Preview; Correction Grants Preview; Cancellation for Ryan New System of Records to the Congress White HIV Service Delivery Models AGENCY: Health Resources and Services and to the Office of Management and Administration, HHS. AGENCY: Health Resources and Services Budget (OMB) on March 2, 1998. The ACTION: Correction of deadline date. Administration, HHS. New System of Records will be effective ACTION: Cancellation of notice of 40 days from the date submitted to OMB SUMMARY: In notice FR Doc. 97–26645, availability of funds. unless HRSA receives comments which in the issue of Thursday, October 9, would result in a contrary 1997, make the following corrections: SUMMARY: This notice rescinds the determination. In the table on page 52893, in the Notice of Availability of funds in notice ADDRESS: Please address comments to section HIV/AIDS Programs, under FR Doc. 97–26645, in the issue of Richard E. Henrichsen, the Health ‘‘Ryan White Title IV Coordinated HIV Thursday, October 9, 1997 on the Resources and Services Administration Services and Access to Research- following pages: (HRSA) Privacy Act Officer, Department Geographic Areas with Currently In the table on page 52893, in the of Health and Human Services, 5600 Funded Title IV Projects’’ and ‘‘Ryan section HIV/AIDS Programs, under Fishers Lane, Room 14A–20, Rockville; White Title IV Coordinated HIV ‘‘Ryan White HIV Service Delivery Maryland 20857; telephone (301) 443– Services and Access to Research-New Models.’’ 3780. Comments received will be Geographic Areas,’’ the deadline dates On page 52898, in column 2, line available for inspection at this same are corrected to read ‘‘April 13, 1998.’’ eighteen, ‘‘Ryan White HIV Service address from 9 a.m. to 3 p.m., Monday On page 52897, in column 2, in the Delivery Models.’’ through Friday. This is not a toll-free twentieth line, the deadline date is Dated: March 16, 1998. number. corrected to read ‘‘April 13, 1998.’’ FOR FURTHER INFORMATION CONTACT: On page 52898, in column 1, in the James J. Corrigan, Director, Division of Disadvantaged twentieth line, the deadline date is Acting Associate Administrator for Assistance, Room 8A–09, Parklawn corrected to read ‘‘April 13, 1998.’’ Management and Program Support. [FR Doc. 98–7499 Filed 3–23–98; 8:45 am] Building, 5600 Fishers Lane, Rockville, Dated: March 16, 1998. BILLING CODE 4160±15±P Maryland 20857; telephone (301) 443– James J. Corrigan, 2100. This is not a toll-free number. Acting Associate Administrator for SUPPLEMENTARY INFORMATION: The Management and Program Support. DEPARTMENT OF HEALTH AND Health Resources and Services [FR Doc. 98–7497 Filed 3–23–98; 8:45 am] HUMAN SERVICES Administration (HRSA) proposes to BILLING CODE 4160±15±P establish a new system of records: 09– Health Resources and Services 15–0060, ‘‘Minority/Disadvantaged Administration Health Professions Programs, HHS/ DEPARTMENT OF HEALTH AND HRSA/BHPr.’’ This program awards HUMAN SERVICES Privacy Act of 1974; New System of grants to schools of allopathic medicine, Records osteopathic medicine, dentistry, Health Resources and Services optometry, pharmacy, public health, Administration AGENCY: Health Resources and Services Administration, HHS. allied health, podiatric and chiropractic Availability of the HRSA Competitive ACTION: Notification of new system of medicine, veterinary medicine, public Grants Preview; Correction records. and non-profit private schools which offer graduate programs in clinical AGENCY: Health Resources and Services SUMMARY: In accordance with the psychology, and other public or private Administration, HHS. requirements of the Privacy Act, the non-profit health or educational entities ACTION: Correction of deadline date. Health Resources and Services to carry out programs which assist Administration (HRSA) is publishing individuals from disadvantaged SUMMARY: In notice FR Doc. 97–26645, notice of a proposal to add a new system backgrounds to enter and graduate from in the issue of Thursday, October 9, of records 09–15–0060, Minority/ these schools. Grants are also awarded 1997, make the following corrections: Disadvantaged Health Professions to health professions schools for the In the table on page 52893, in the Programs, Health and Human Services, purpose of assisting them in supporting section HIV/AIDS Programs, under Health Resources and Services programs of excellence in health ‘‘Ryan White Title III HIV Planning Administration, Bureau of Health professions education for minority Grants,’’ the deadline dates is corrected Professions. HRSA proposes to add individuals. to read ‘‘June 15, 1998.’’ names and social security numbers The purposes of the records On page 52896, in column 3, in the (SSN) of participants in the health maintained in this system are to: (1) fifty-sixth line, the deadline date is professions programs of Title VII of the Maintain information relative to the corrected to read ‘‘June 15, 1998.’’ Public Health Service Act, in sections activities and participants of programs Dated: March 16, 1998. 739 Centers of Excellence, and 740 of institutions and organizations James J. Corrigan, Educational Assistance Regarding awarded grants under this program; (2) Acting Associate Administrator for Undergraduates. This new system of to monitor grantees’ performance Management and Program Support. records is used for program evaluation outcomes and progress in meeting stated [FR Doc. 98–7498 Filed 3–23–98; 8:45 am] to effectively track program participants objectives; (3) to track individual BILLING CODE 4160±15±P through the health professions pathway program participants using aggregate 14122 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices data base identifiers with other participation for participants, and 4. In the event that a system of records aggregate data bases from various programmatic results for the grantee. maintained by this agency to carry out sources in order to assess program its functions indicates a violation or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: effectiveness and outcomes; and (4) to potential violation of law, whether civil, compile and generate managerial and The Programs are authorized by Title criminal, or regulatory in nature and statistical reports. VII, sections 739 Center of Excellence whether arising by general statute or HRSA will permit disclosure of the and 740 Educational Assistance particular program statute, or by records to third parties pursuant to a Regarding Undergraduates of the Public regulation, rule, or order issued routine use as follows. The first routine Health Service Act, as amended by Pub. pursuant thereto, the relevant records in use permits disclosure to a L. 102–408. the system of records may be referred to congressional office to allow subject PURPOSE(S): the appropriate agency, whether individuals to obtain assistance from 1. To maintain information relative to Federal, State or local, charged with the their representatives in Congress, if they the activities and participants of responsibility of investigating or so desire. The second routine use allows programs conducted by institutions and prosecuting such violation or charged disclosure to the Department of Justice organizations awarded grants under this with enforcing or implementing the or a court, in the event of litigation. The program. statute or rule, regulation or order third routine use allows disclosure of 2. To monitor grantees’ performance issued pursuant thereto. records to contractors for the purposes outcomes and progress in meeting stated of data analysis and record systems POLICIES AND PRACTICES FOR STORING, objectives. RETRIEVING, ACCESSING, RETAINING AND processing and refinement. 3. To track individual student DISPOSING OF RECORDS IN THE SYSTEM: For monitoring of this program and program participants in order to determining its outcomes and evaluate program effectiveness and STORAGE: effectiveness, grantees will be asked to outcomes. Records are maintained in file folders, provide the names of participants in 4. To compile and generate statistical on computer hard drives and/or disk their programs. reports. packs. The following notice is written in the present tense, rather than the future ROUTINE USES OF RECORDS MAINTAINED IN THE RETRIEVABILITY: SYSTEM, INCLUDING CATEGORIES OF USERS AND tense, in order to avoid the unnecessary Retrieval will be by grantee name or THE PURPOSES OF SUCH USES: expenditure of public funds to republish by grant number or programs’ the notice after the alteration becomes 1. Disclosure may be made to a participant name and/or social security effective. congressional office from the record of number. an individual participant or Dated: March 2, 1998. institutional grantee, in response to an SAFEGUARDS: Claude Earl Fox, inquiry from the congressional office 1. Assign Responsibility for Security: Acting Administrator. made at the request of the student or the Assign responsibility for security to a institution. management official knowledgeable in 09±15±0060 2. Disclosure may be made to the the nature of the information and SYSTEM NAME: Department of Justice, or to a court or process supported by the application Minority/Disadvantaged Health other tribunal, from this system of and in the management, personnel, Professions Programs, HHS/HRSA/ records, when (a) HHS, or any operational, and technical controls used BHPr. component thereof; or (b) any HHS to protect it. employee in his or her official capacity; 2. Develop Application Security Plan: SECURITY CLASSIFICATION: or (c) any HHS employee in his or her Plan for the adequate security of the None. individual capacity where the application, taking into account the Department of Justice (or HHS, where it security of all systems in which the SYSTEM LOCATION: is authorized to do so) has agreed to application will operate. Application Division of Disadvantaged Assistance, represent the employee; or (d) the security plans shall address application Bureau of Health Professions, Health United States or any agency thereof, rules, training on use of the system, Resources and Services Administration, where HHS determines that the personnel security, contingency Room 8A–09, Parklawn Building, 5600 litigation is likely to affect HHS or any planning, technical controls, Fishers Lane, Rockville, Maryland of its components, is a party to litigation information sharing, public access 20857. or has an interest in such litigation, and controls. CATEGORIES OF INDIVIDUALS COVERED BY THE HHS determines that the use of such 3. Review Application Controls: SYSTEM: records by the Department of Justice, the Perform an independent review or audit Institutional grantees, student and court or other tribunal is relevant and of the security control in the application faculty participants in the Health necessary to the litigation and would at least every 3 years. Careers Opportunity Program, and help in the effective representation of 4. Authorize Processing: Ensure that a Centers of Excellence Program. the governmental party, provided, management official authorizes in however, that in such case HHS writing use of the application by CATEGORIES OF RECORDS IN THE SYSTEM: determines that such disclosure is confirming that its security plan as Name of the institutional grantee, compatible with the purpose for which implemented adequately secures the grant number, type of grantee the records were collected. application. The application must be institution, budget information, project 3. HRSA may disclose records to authorized prior to operating and dates, amount of grant award, program Department contractors and reauthorized at least every 3 years participants by name, date of birth, subcontractors for the purposes of thereafter. Management authorization social security number, race ethnicity conducting data analysis for program implies accepting the risk of each and gender, current educational evaluations, compiling managerial and system used by the application. pathway or practice status of statistical reports, and record systems 5. Implementation Guidelines: DHHS participants, outcomes of program processing and refinement. Chapter 45–13 and supplementary Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14123

Chapter PHS.H:45–13 of the General CONTESTING RECORD PROCEDURE: 09–15–0001 Division of Federal Administration Manual; the DHHS Contact the System Manager at the Occupational Health (FOH) Health Records, HHS/HRSA/BPHC. Automated Information Systems address specified above and reasonably Security Program Handbook; and 09–15–0002 Record of Patients’ Personal identify the record, specify the Valuables and Monies, HHS/HRSA/ Appendix III to OMB Circular No. A– information being contested, and state BPHC. 130. the corrective action and the reason(s) 09–15–0003 Contract Physicians and for requesting the correction, along with Consultants, HHS/HRSA/BPHC. RETENTION AND DISPOSAL: supporting justification to show how the 09–15–0004 Federal Employee Records will be retained for 6 years record is inaccurate, incomplete, Occupational Health Data System, HHS/ after the grant is closed, and then untimely, or irrelevant. HRSA/BPHC. destroyed. 09–15–0007 Patients Medical Records RECORD SOURCE CATEGORIES: System PHS Hospitals/Clinics, HHS/ SYSTEM MANAGER(S) AND ADDRESS: HRSA/BPHC. Institutions and organizations Director, Division of Disadvantaged 09–15–0028 PHS Clinical Affiliation awarded grants. Trainee Records, HHS/HRSA/BPHC. Assistance, Bureau of Health 09–15–0037 Public Health Service (PHS) Professions, Health Resources and SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS and National Health Service Corps Services Administration, Parklawn OF THE ACT: (NHSC) Scholarship/Loan Repayment Building, Room 8A–09, 5600 Fishers None. Participant Records System, HHS/HRSA/ Lane, Rockville, MD 20857. BPHC. [FR Doc. 98–7496 Filed 3–23–98; 8:45 am] 09–15–0038 Disability Claims of the NOTIFICATION PROCEDURE: BILLING CODE 4160±15±P Nursing Student Loan Program, HHS/ Requests must be made to the System HRSA/BHPr. Manager. 09–15–0039 Disability Claims in the Health DEPARTMENT OF HEALTH AND Professions Student Loan Program, HHS/ Requests in person: An individual HUMAN SERVICES HRSA/BHPr. who appears at the site where records 09–15–0042 Physician Shortage Area are stored seeking access to or Health Resources and Services Scholarship Program, HRSA/HRSA/ disclosure of records relating to him/her Administration BPHC. shall provide his/her name, current 09–15–0044 Health Educational Assistance address, and at least one piece of Privacy Act of 1974; Annual Loan Program (HEAL) Loan Control identification such as driver’s license, Publication of Systems of Records Master File, HHS/HRSA/BHPr. passport, voter registration card, or 09–15–0046 Health Professions Planning union card. Identification with a current AGENCY: Health Resources and Services and Evaluation, HHS/HRSA/OA. Administration, (HRSA), HHS. 09–15–0054 National Practitioner Data photograph is preferred but not Bank for Adverse Information on required. Additional identification may ACTION: Publication of minor changes to Physicians and Other Health Care be requested when there is a request for system-of-records notices. Practitioners, HHS/HRSA/BHPr. access to records which contain an 09–15–0055 Organ Procurement and apparent discrepancy between SUMMARY: In accordance with Office of Transplantation Network (OPTN) Data information contained in the records Management and Budget Circular No. System, HHS/HRSA/OSP. and that provided by the individual A–130, Appendix I, ‘‘Federal Agency 09–15–0056 National Vaccine Injury requesting access to the records. No Responsibilities for Maintaining Compensation Program, HHS/HRSA/ verification of identity shall be required BHPr. Records About Individuals,’’ HRSA is 09–15–0057 Scholarships for the where the record is one which is publishing minor changes to its notices Undergraduate Education of Professional required to be disclosed under the of systems of records. Nurses Grant Programs, HHS/HRSA/ Freedom of Information Act. SUPPLEMENTARY INFORMATION: HRSA has BHPr. Requests by mail: Requests for completed the annual review of its 09–15–0058 Faculty Loan Repayment information and/or access to records Program, HHS/HRSA/BHPr. systems of records and is publishing 09–15–0059 Health Resources and Services received by mail must contain below those minor changes which affect information providing the identity of Administration Correspondence Control the public’s right or need to know, such System, HHS/HRSA/OMPS. the writer and a reasonable description as system deletions, title changes, and of the record desired. Written requests changes in the system location of Changes must contain the name and address of records, or the addresses of systems 09±15±0001 the requester, his/her date of birth and managers. A major alteration was made at least one piece of information which to system-of-records notice 09–15–0054, SYSTEM NAME: is also contained in the subject record, ‘‘National Practitioner Data Bank for and his/her signature for comparison Adverse Information on Physicians and Division of Federal Occupational purposes. Other Health Care Practitioners, HHS/ Health (FOH) Health Records, HHS/ Requests by telephone: Since positive HRSA/BHPr,’’ 62 FR 12653–12656, HRSA/BPHC. identification of the caller cannot be March 17, 1997. Minor changes have been made to this established, telephone requests are not system-of-records notice. The following honored. Dated: March 3, 1998. James J. Corrigan, category should be revised: RECORD ACCESS PROCEDURES: Acting Associate Administrator for * * * * * Same as notification procedures. Management and Program Support. SYSTEM MANAGER(S) AND ADDRESS: Requesters should also reasonably Table of Contents specify the record contents being The following table of contents lists all Director, Division of Federal sought. Individuals may also request an currently active Privacy Act systems of Occupational Health, Bureau of Primary accounting of disclosure that may have records maintained by the Health Resources Health Care, Health Resources and been made of their records, if any. and Services Administration: Services Administration, 4530 East West 14124 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Highway, 3rd Floor, Bethesda, MD 09±15±0038 09±15±0055 20814. SYSTEM NAME: SYSTEM NAME: * * * * * Disability Claims of the Nursing Organ Procurement and 09±15±0007 Student Loan Program, HRSA/HRSA/ Transplantation Network (OPTN) Data System, HHS/HRSA/OSP. SYSTEM NAME: BHPr. Minor changes have been made to this Patients Medical Record System PHS Minor changes have been made to this system-of-records notice. The following Hospitals/Clinics, HHS/HRSA/BPHC. system-of-records notice. The following Minor changes have been made to this category should be revised: categories should be revised: system-of-records notice. The following * * * * * * * * * * category should be revised: SAFEGUARDS: * * * * * SYSTEM MANAGER(S) AND ADDRESS: 1. Authorized users: Access is limited Appendix 2—Federal Records Centers Associate Division Director, Office for to authorized Health Resources and Federal Archives and Records Center, 380 Campus Based Programs, Division of Services Administration (HRSA) and Trapelo Road, Waltham, Massachusetts Student Assistance, Bureau of Health contract personnel responsible for 02154. Area served: Maine, Vermont, New Professions, Health Resources and administering the program. Authorized Hampshire, Massachusetts, Connecticut, and Services Administration, 5600 Fishers personnel include the System Manager Rhode Island. Lane, Room 8–34, Rockville, MD 20857. and Project Officer, and the HRSA Federal Archives and Records Center, * * * * * Military Ocean Terminal, Building 22, Automated Information System (AIS) Bayonne, New Jersey 07002 (Closing in 09±15±0039 Systems Security Officer; and the Spring of 1998). Area served: New York, New program managers who have Jersey, Puerto Rico, the Virgin Islands, and SYSTEM NAME: responsibilities for implementing the the Panama Canal Zone. program. Both HRSA and the contractor Federal Records Center, Central Plains Disability Claims in the Health shall maintain current lists of Region, 200 Space Center Drive, Lee’s Professions Student Loan Program, authorized users Summit, Missouri 64064 (Replacing HHS/HRSA/BHPr. Bayonne, New Jersey, center. 2. Physical safeguards: Magnetic Federal Archives and Records Center, 5000 Minor changes have been made to this tapes, disc packs, computer equipment, Wissahickon Avenue, Philadelphia, system-of-records notice. The following and hard-copy files are stored in areas Pennsylvania 19144. Area served: Delaware category should be revised: where fire and life safety codes are and Pennsylvania east of Lancaster. * * * * * strictly enforced. All automated and Washington National Records Center, 4205 nonautomated documents are protected Suitland Road, Suitland, Maryland 20409. SYSTEM MANAGER(S) AND ADDRESS: Area served: District of Columbia, Maryland, on a 24-hour basis in locked storage Virginia, and West Virginia. Associate Division Director, Office for areas. Security guards perform random Federal Archives and Records Center, GSA, Campus Based Programs, Division of checks on the physical security of the 1557 St. Joseph Avenue, East Point, Georgia Student Assistance, Bureau of Health records storage area. The contractor is 30344. Area served: North Carolina, South Professions, Health Resources and required to maintain off site a complete Carolina, Tennessee, Mississippi, Alabama, Services Administration, 5600 Fishers copy of the system and all necessary Georgia, Florida, and Kentucky. Lane, Room 8–34, Rockville, MD 20857. files to run the computer organ donor- Federal Archives and Records Center, GSA, recipient match and update software. 7358 South Pulaski Road, Chicago, Illinois * * * * * 60629. Area served: Illinois, Wisconsin, and 3. Procedural safeguards: A password Minnesota. 09±15±0046 is required to access the terminal and a Federal Records Center, 3150 Springbro data set name controls the release of Road, Dayton, Ohio 45439. Area served: SYSTEM NAME: data to only authorized users. All users Indiana, Michigan, and Ohio. Health Professions Planning and of personal information in connection National Records Center (Civilian Evaluation, HHS/HRSA/OA. with the performance of their jobs Personnel Records), 111 Winnebago Street, St. Louis, Missouri 63118. Area served: A minor change has been made to this protect information from public view Greater St. Louis Area. system-of-record notice. The following and from unauthorized personnel Federal Archives and Records Center, Post category should be revised: entering an unsupervised office. All Office Box 6216, Fort Worth, Texas 76115. * * * * * authorized users must sign a Area served: Texas, Oklahoma, Arkansas, nondisclosure statement. Access to Louisiana, and New Mexico. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: records is limited to those staff members Federal Archives and Records Center, 1000 trained in accordance with the Privacy Commodore Drive, San Bruno, California Authority is found in the following Act and Automated Data Processing 94066. Area served: Nevada (except Clark sections of the Public Health Service County), California (except Southern (ADP) security procedures. The Act: Title III, Part D, Primary Health contractor is required to assure that the California), and American Samoa. Care (42 U.S.C. 254b); Title VII, Health Federal Archives and Records Center, Post confidentiality safeguards of these Office Box 6719, Laguna Niguel, California Research and Training Facilities and records will be employed and that it 92677. Area served: Clark County, Nevada; Training of Professional Health complies with all provisions of the Southern California (Counties of San Luis Personnel (42 U.S.C. 292); Title VIII, Privacy Act. All individuals who have Obispo, Kern, San Bernadino, Santa Barbara, Nurse Education (42 U.S.C. 296k); Title access to these records must have the Ventura, Los Angeles, Riverside, Orange, XXVI (42 U.S.C. 300ff–11); section 241 Imperial, Inyo, and San Diego); and Arizona. appropriate ADP security clearances. (42 U.S.C. 238j); and section 301 (42 Privacy Act and ADP system security Federal Archives and Records Center, 6125 U.S.C. 241). Sand Point Way, Seattle, Washington 98115. requirements are included in the Area served: Washington, Oregon, Idaho, Authority is also found in section 401 contract. The HRSA Project Officer and Alaska, Hawaii, and Pacific Ocean area of the Health Care Quality Improvement the System Manager oversee compliance (except American Samoa). Act of 1986 (42 U.S.C. 11101 note). with these requirements. The HRSA * * * * * * * * * * authorized users will make visits to the Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14125 contractor’s facilities to assure security disclose such records as it deems secured during non-work hours; disk and Privacy Act compliance. desirable or necessary to the DOJ to packs and computer equipment are * * * * * enable that Department to present an retained in areas where fire and safety effective defense, provided that such codes are strictly enforced. All SYSTEM MANAGER(S) AND ADDRESS: disclosure is compatible with the automated and non-automated Chief, Operations and Analysis purpose for which the records were documents are protected on a 24-hour Branch, Division of Organ collected. basis in security areas. Security guards Transplantation, Office of Special 3. HRSA will contract with expert perform random checks of the physical Programs, Health Resources and medical consultants for the purpose of security of the record storage area. Services Administration, 5600 Fishers obtaining advice on petitioner’s 3. Procedural safeguards: HRSA/BHPr Lane, Room 7–18, Rockville, MD 20857. eligibility for compensation. Relevant has established stringent safeguards in * * * * * records may be disclosed to such line with the sensitivity of the records. consultants. The consultants shall be These include: Transmitting records to 09±15±0056 required to maintain Privacy Act consultants by Federal Express, United safeguards with respect to such records SYSTEM NAME: Parcel Service, or other courier service and return all records to HRSA. to ensure that a signature is required National Vaccine Injury 4. HRSA will release the petitioner’s upon receipt of the records; escorting Compensation Program, HHS/HRSA/ complete medical file and may release visitors into areas where records are BHPr. consultants’ report to the DOJ and the maintained; utilizing passwords for Minor changes have been made to this Special Master of the U.S. Court of computer access; and securing areas system-of-records notice. The following Federal Claims for adjudication of the where records are stored. A password is categories should be revised: compensation claim. required to access the terminal and the * * * * * 5. HRSA will disclose for publication data set name controls the release of in the Federal Register the name of the CATEGORIES OF RECORDS IN THE SYSTEM: data only to authorized users. All users petitioner, the name of the person of personal information in connection Petition for compensation, including vaccinated, if not the petitioner, the city with the performance of their jobs petitioner’s name and name of person and State where the vaccine was protect information from public view vaccinated if different from petitioner administered and the U.S. Court of and from unauthorized personnel and all relevant medical records Federal Claims’ Docket Number as entering an unsupervised office. (including autopsy reports and slides, required by the National Childhood radiological films, and home videos, if Vaccine Injury Act. RETENTION AND DISPOSAL: any), appropriate assessments, 6. Records may be disclosed to The records shall be disposed of by evaluations, prognoses, and such other organizations deemed qualified by the shredding twenty-five years after the records and documents as are Secretary for the purpose of evaluating termination of all administrative and reasonably necessary for the the administration, process, or outcomes judicial proceedings, determined by a determination of eligibility for and the of the National Vaccine Injury final adjudication. Upon written amount of compensation to be paid to, Compensation Program (as required by notification to the Government, the or on behalf of, the person who suffered Congress). The purpose of the disclosure petitioner shall have the right to reclaim such injury or who died from the is to document the extent to which the the original medical records submitted administration of the vaccine. National Vaccine Compensation to the Government, after the final * * * * * Program is satisfying the goals and adjudication. objectives of its authorizing legislation, ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM MANAGER(S) AND ADDRESS: i.e., maintaining a system for SYSTEM, INCLUDING CATEGORIES OF USER AND Associate Administrator for Health THE PURPOSES OF SUCH USES: compensating those who have been injured by a vaccine that is fair and Professions, Bureau of Health 1. Disclosures may be made to a expeditious. Organizations to which Professions, Health Resources and Congressional office from the record of information is disclosed for this use Services Administration, 5600 Fishers an individual, in response to an inquiry shall be required to maintain Privacy Lane, Room 8–05, Rockville, MD 20857. from the Congressional office made at Act safeguards with respect to such the written request of the individual. NOTIFICATION PROCEDURE: records. 2. In the event of litigation where the Requests must be made to the System defendant is (a) the Department, any * * * * * Manager at the above address. component of the Department, or any RETRIEVABILITY: Request in person: A subject employee of the Department in his or Retrieval is by (1) docket number individual who appears in person her official capacity; (b) the United assigned by the U.S. Court of Federal seeking access or disclosure of records States where the Department determines Claims, (2) the petitioner and/or name relating to him/her shall provide his/her that the claim, if successful, is likely to of person vaccinated, and (3) Social name, current address, and at least one directly affect the operations of the Security Number. piece of tangible identification such as Department or any of its components; or a driver’s license, passport, voter (c) any Department employee in his or SAFEGUARDS: registration card, or union card. her individual capacity where the 1. Authorized users: Access is limited Identification papers with current Department of Justice (DOJ) has agreed to the System Manager and authorized photographs are preferred but not to represent such employee, for example HRSA/BHPr personnel responsible for required. Additional identification may in defending against a claim based upon administering the program. HRSA/BHPr be requested when there is a request for an individual’s mental or physical will maintain a current list of access to records which contain an condition and alleged to have risen authorized users. apparent discrepancy between because of activities of the Public Health 2. Physical safeguards: All files are information contained in the records Service in connection with such stored in an electronic carriage filing and that provided by the individual individual, the Department may system which can be locked and requesting access to the record. No 14126 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices verification of identity shall be required Resources and Services Administration, Minor changes have been made to this where the record is one which is 5600 Fishers Lane, Room 8A–09, system-of-records notice. The following required to be disclosed under the Rockville, MD 20857. categories should be revised: Freedom of Information Act. * * * * * * * * * * Requests by mail: To determine if a record exist about you, write to the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM LOCATION: System Manager. The request must Public Health Service Act, as Executive Secretariat, Division of contain the name and address of the amended, section 738 (42 U.S.C. 294cc). individual, assigned court docket Policy Review and Coordination, Office This section authorizes the of Management and Program Support, number (if known), and a written establishment of a program for entering statement that the requester is the Health Resources and Services into contract with individuals from Administration (HRSA), 5600 Fishers person he/she claims to be and that he/ disadvantaged backgrounds for she understands that the request or Lane, Room 14A–08, Rockville, MD repayment of educational loans in 20857. acquisition of records pertaining to exchange for teaching services. another individual, under false Office of Program Support, Bureau of pretenses, is a criminal offense subject SAFEGUARDS: Health Professions, HRSA, 5600 Fishers to a $5000 fine. Lane, Room 8–15, Rockville, MD 20857. Requests by telephone: Since positive 1. Authorized users: Personnel of the Division of Student Assistance and Executive Secretariat, Office of identification of the caller cannot be Program Support, HIV/AIDS Bureau, established, telephone requests are not other components of the Health Resources and Services Administration. HRSA, 5600 Fishers Lane, Room 7–08, honored. Rockville, MD 20857. * * * * * 2. Physical safeguards: Magnetic tapes, microfilms, disk packs, computer Office of Program and Policy 09±15±0057 equipment, and hard copy files are Development, Bureau of Primary Health stored in areas where fire and life safety Care, HRSA, 4350 East West Highway, SYSTEM NAME: codes are strictly enforced. Twenty-four Room 7–2B3, Bethesda, MD 20814. Scholarships for the Undergraduate hour, seven-day security guards perform Office of the Director, Maternal and Education of Professional Nurses Grant random checks on the physical security Child Health Bureau, HRSA, 5600 Programs, HHS/HRSA/BHPr. of the data. All documents are protected Fishers Lane, Room 18–05, Rockville, Minor changes have been made to this during lunch hours and nonworking MD 20857. system-of-records notice. The following hours in locked file cabinets or locked Washington National Records Center, categories should be revised: storage areas. * * * * * 4205 Suitland Road, Suitland, MD 3. Procedural and technical 20409. safeguards: A password is required to PURPOSE(S): * * * * * 1. To maintain all information relative access the terminal, and a software to the application for an awarding of security system controls the release of SYSTEM MANAGER(S) AND ADDRESS: scholarship(s) to an individual. data to only authorized users. All users Policy Coordinator: Director, Division 2. To monitor recipient’s continued of personal information in connection of Policy Review and Coordination, eligibility. with the performance of their jobs 3. To monitor recipient’s employment protect information from public view Office of Management and Program in nursing shortage areas in fulfillment and from unauthorized personnel Support, Health Resources and Services of recipient’s service obligations. entering an unsupervised area. Access Administration (HRSA), 5600 Fishers 4. To monitor all repayment actions to records is strictly limited to those Lane, Room 14A–08, Rockville, MD until the repayment obligation is staff members trained in accordance 20857. satisfied. with the Privacy Act. System Manager: Chief, Executive * * * * * 4. Implementation guidelines: DHHS Secretariat, Division of Policy Review Chapter 45–13 and supplementary and Coordination, Office of SYSTEM MANAGER(S) AND ADDRESS: Chapter PHS.hf: 45–13 of the General Management and Program Support, Associate Division Director, Office for Administration Manual; and the HRSA, 5600 Fishers Lane, Room 14A– Campus Based Programs, Division of Department’s Information Systems 08, Rockville, MD 20857. Student Assistance, Bureau of Health Security Handbook. System Manager: Executive Professions, Health Resources and * * * * * Secretariat, Office of Program Support, Services Administration, 5600 Fishers HIV/AIDS Bureau, HRSA, 5600 Fishers Lane, Room 8–34, Rockville, MD 20857. SYSTEM MANAGER(S) AND ADDRESS: Lane, Room 7–08, Rockville, MD 20857. * * * * * Director, Division of Student System Manager: Information Systems 09±15±0058 Assistance, Bureau of Health Specialist, Office of Program and Policy Professions, Health Resources and Development, Bureau of Primary Health SYSTEM NAME: Services Administration, 5600 Fishers Care, HRSA, 4350 East West Highway, Faculty Loan Repayment Program, Lane, Room 8A–09, Rockville, MD Room 7–2B3, Bethesda, MD 20814. 20857. HHS/HRSA/BHPr. System Manager: Correspondence Minor changes have been made to this * * * * * Coordinator, Office of the Director, system-of-record notice. The following Maternal and Child Health Bureau, categories should be revised: 09±15±0059 HRSA, 5600 Fishers Lane, Room 18–05, * * * * * SYSTEM NAME: Rockville, MD 20857. SYSTEM LOCATION: Health Resources and Services * * * * * Division of Student Assistance, Administration Correspondence Control [FR Doc. 98–7500 Filed 3–23–98; 8:45 am] Bureau of Health Professions, Health System, HHS/HRSA/OMPS. BILLING CODE 4160±15±P Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14127

DEPARTMENT OF HEALTH AND Time: 9:00 a.m. to Adjournment. property such as patentable material and HUMAN SERVICES Place: Ramada Inn—Rockville, 1775 personal information concerning individuals Rockville Pike, Rockville, MD 20852. associated with the application, the National Institutes of Health Contact Person: Ray Bramhall, Ph.D., disclosure of which would constitute a Scientific Review Administrator, National clearly unwarranted invasion of personal National Cancer Institute; Closed Cancer Institute, NIH, Executive Plaza North, privacy. Meeting Room 636B, 6130 Executive Boulevard, MSC (Catalog of Federal Domestic Assistance 7405, Bethesda, MD 20892–7405, Telephone: Program Numbers: 93.393, Cancer Cause and Pursuant to Section 10(d) of the 301/496–3428. Prevention Research; 93.394, Cancer Federal Advisory Committee Act, as Purpose/Agenda: To review, discuss and Detection and Diagnosis Research; 93.395, evaluate grant applications. amended (5 U.S.C. Appendix 2), notice Cancer Treatment Research; 93.396, Cancer The meeting will be closed in accordance Biology Research; 93.397, Cancer Centers is hereby given of the following with the provisions set forth in secs. Support; 93.398, Cancer Research Manpower; National Cancer Institute Special 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. 93.399, Cancer Control) Emphasis Panel (SEP) meeting: Applications and the discussions could Dated: March 17, 1998. Name of SEP: International Cooperative reveal confidential trade secrets or Biodiversity Groups. commercial property such as patentable LaVerne Y. Stringfield, Date: April 14–16, 1998. material and personal information Committee Management Officer, NIH. concerning individuals associated with the Time: April 14—9:00 a.m. to Recess, April [FR Doc. 98–7553 Filed 3–23–98; 8:45 am] 15—9:00 a.m. to Recess, April 16—9:00 a.m. applications, the disclosure of which would to Adjournment. constitute a clearly unwarranted invasion of BILLING CODE 4140±01±M Place: Double Tree Hotel—Rockville, 1750 personal privacy. Rockville Pike, Rockville, MD 20852. (Catalog of Federal Domestic Assistance Contact Person: Lalita Palekar, Ph.D., Program Numbers: 93.393, Cancer Cause and DEPARTMENT OF HEALTH AND Scientific Review Administrator, National Prevention Research; 93.394, Cancer HUMAN SERVICES Cancer Institute, NIH, Executive Plaza North, Detection and Diagnosis Research; 93.395, Room 622, 6130 Executive Boulevard, MSC Cancer Treatment Research; 93.396, Cancer National Institutes of Health 7405, Bethesda, MD 20892–7405, Telephone: Biology Research; 93.397, Cancer Centers 301/496–7575. Support; 93.398, Cancer Research Manpower; National Heart, Lung, and Blood Purpose/Agenda: To review, discuss and 93.399, Cancer Control) Institute; Closed Meetings evaluate grant applications. Dated: March 17, 1998. The meeting will be closed in accordance LaVerne Y. Stringfield, Pursuant to Section 10(d) of the with the provisions set forth in secs. Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. Committee Management Officer, NIH. amended (5 U.S.C. Appendix 2), notice Applications and the discussions could [FR Doc. 98–7552 Filed 3–23–98; 8:45 am] is hereby given of the following reveal confidential trade secrets or BILLING CODE 4140±01±M commercial property such as patentable National Heart, Lung, and Blood material and personal information Institute Special Emphasis Panel (SEP) concerning individuals associated with the DEPARTMENT OF HEALTH AND meetings: applications, the disclosure of which would constitute a clearly unwarranted invasion of HUMAN SERVICES Name of SEP: Prevention of Weight Gain personal privacy. and ‘‘Premier’’ Lifestyle Interventions for National Institutes of Health Blood Pressure Control—Clinical Trial. (Catalog of Federal Domestic Assistance Date: April 3, 1998. Program Numbers: 93.393, Cancer Cause and National Cancer Institute; Closed Time: 8:00 a.m. Prevention Research; 93.394, Cancer Meeting Place: Holiday Inn Silver Spring, 8777 Detection and Diagnosis Research; 93.395, Georgia Avenue, Silver Spring, MD 20910. Cancer Treatment Research; 93.396, Cancer Pursuant to Section 10(d) of the Contact Person: Valerie L. Prenger, Ph.D., Biology Research; 93.397, Cancer Centers Federal Advisory Committee Act, as Two Rockledge Center, Room 7198, 6701 Support; 93.398, Cancer Research Manpower; amended (5 U.S.C. Appendix 2), notice Rockledge Drive, Bethesda, MD 20892–7924, 93.399, Cancer Control) is hereby given of the following (301) 435–0297. Dated: March 17, 1998. National Cancer Institute Special Purpose/Agenda: To review and evaluate LaVerne Y. Stringfield, Emphasis Panel (SEP) meeting: grant applications. Committee Management Officer, NIH. This notice is being published less than Name of SEP: Oncogene Deregulation and [FR Doc. 98–7550 Filed 3–23–98; 8:45 am] fifteen days prior to this meeting due to the Tumor Suppressor Gene Loss of Function in urgent need to meet timing limitations BILLING CODE 4140±01±M CLL. imposed by the review and funding cycle. Date: April 13–15, 1998. Time: April 13—7:00 p.m. to Recess, April Name of SEP: Retrovirus Epidemiology, DEPARTMENT OF HEALTH AND 14—8:00 a.m. to Recess, April 15—8:00 a.m. Donor Study (REDS) (Telephone Conference HUMAN SERVICES to Adjournment. Call). Place: The Latham Hotel, 135 South Date: April 8, 1998. National Institutes of Health Seventeenth Street, Philadelphia, Time: 1:00 p.m. Pennsylvania 19103. Place: Rockledge Building, Room 7204, National Cancer Institute; Closed Contact Person: Kevin Ryder, Ph.D., 6701 Rockledge Drive, Bethesda, MD 20892– Meeting Scientific Review Administrator, National 7924. Cancer Institute, NIH, Executive Plaza North, Contract Person: Eric H. Brown, Ph.D., Pursuant to Section 10(d) of the Room 611D, 6130 Executive Boulevard, MSC Two Rockledge Center, Room 7204, 6701 Federal Advisory Committee Act, as 7403, Bethesda, MD 20892–7403, Telephone: Rockledge Drive, Bethesda, MD 20892–7924, amended (5 U.S.C. Appendix 2), notice 301/402–2785. (301) 435–0299. is hereby given of the following Purpose/Agenda: To review, discuss and Purpose/Agenda: To review and evaluate National Cancer Institute Special evaluate grant applications. contract proposals. The meeting will be closed in accordance These meetings will be closed in Emphasis Panel (SEP) meeting: with the provisions set forth in secs. accordance with the provisions set forth in Name of SEP: Minority-Based Community 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. secs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Clinical Oncology Program. Application and the discussions could reveal Applications and/or proposals and the Date: April 16, 1998. confidential trade secrets or commercial discussions could reveal confidential trade 14128 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices secrets or commercial property such as DEPARTMENT OF HEALTH AND Date: April 3, 1998. patentable material and personal information HUMAN SERVICES Time: 3:00 p.m. concerning individuals associated with the Place: NIH, Rockledge 2, Room 4216, applications and/or proposals, the disclosure National Institutes of Health Telephone Conference. of which would constitute a clearly Contact Person: Dr. Harold Davidson, unwarranted invasion of personal privacy. Center for Scientific Review; Closed Scientific Review Administrator, 6701 (Catalog of Federal Domestic Assistance Meetings Rockledge Drive, Room 4216, Bethesda, Programs Nos. 93.837, Heart and Vascular Maryland 20892, (301) 435–1776. Diseases Research; 93.838, Lung Diseases Pursuant to Section 10(d) of the This notice is being published less than 15 Research; and 93–839, Blood Diseases and Federal Advisory Committee Act, as days prior to the above meetings due to the Resources Research, National Institutes of amended (5 U.S.C. Appendix 2), notice urgent need to meet timing limitations Health) is hereby given of the following Center imposed by the grant review and funding cycle. Dated: March 17, 1998. for Scientific Review Special Emphasis LaVerne Y. Springfield, Panel (SEP) meetings: Name of SEP: Microbiological and Immunological Sciences. Committee Management Officer, NIH. Purpose/Agenda: To review individual Date: April 6, 1998. [FR Doc. 98–7551 Filed 3–23–98; 8:45 am] grant applications. Time: 12:30 p.m. Name of SEP: Clinical Sciences. BILLING CODE 4140±01±M Place: NIH, Rockledge 2, Room 4186, Date: March 24, 1998. Telephone Conference. Time: 4:40 p.m. Contact Person: Dr. Gerald Liddel, Place: NIH, Rockledge 2, Room 4216, Scientific Review Administrator, 6701 DEPARTMENT OF HEALTH AND Telephone Conference. HUMAN SERVICES Rockledge Drive, Room 4186, Bethesda, Contact Person: Dr. Harold Davidson, Maryland 20892, (301) 435–1150. Scientific Review Administrator, 6701 National Institutes of Health Rockledge Drive, Room 4216, Bethesda, Name of SEP: Clinical Sciences. Maryland 20892, (303) 435–1776. Date: April 8, 1998. Time: 12:00 p.m. National Institute of Diabetes and Name of SEP: Biological and Physiological Place: NIH, Rockledge 2, Room 4218, Digestive and Kidney Diseases; Closed Sciences. Telephone Conference. Meeting Date: March 26–27, 1998. Contact Person: Dr. Shirley Hilden, Time: 7:00 p.m. Scientific Review Administrator, 6701 Pursuant to Section 10(d) of the Place: Holiday Inn-Georgetown, Rockledge Drive, Room 4218, Bethesda, Washington, DC. Federal Advisory Committee Act, as Maryland 20892, (301) 435–1198. amended (5 U.S.C. Appendix 2), notice Contact Person: Dr. Sherry Dupere, Scientific Review Administrator, 6701 Name of SEP: Biological and Physiological is hereby given of the following Sciences. National Institute of Diabetes and Rockledge Drive, Room 5136, Bethesda, Maryland 20892, (303) 435–1021. Date: April 8, 1998. Digestive and Kidney Diseases Special Name of SEP: Biological and Physiological Time: 1:30 p.m. Emphasis Panel meeting: Sciences. Place: NIH, Rockledge 2, Room 5202, Name of SEP: ZDK1 GRB–8 M2. Date: March 30, 1998. Telephone Conference. Date: April 13–15, 1998. Time: 9:00 a.m. Contact Person: Dr. Anita Miller Sostek, Time: 5:00 PM. Place: NIH, Rockledge 2, Room 5204, Scientific Review Administrator, 6701 Place: Marriott Residence Inn, 8901 Telephone conference. Rockledge Drive, Room 5202, Bethesda, Gilman Drive, LaJolla, California 92037, Contact Person: Dr. Bob Weller, Scientific Maryland 20892, (301) 435–1260. Telephone: (619) 587–1770. Review Administrator, 6701 Rockledge Drive, Name of SEP: Clinical Sciences. Contact: Roberta J. Haber, Ph.D., Scientific Room 5204, Bethesda, Maryland 20892, (303) Date: April 9, 1998. Review Administrator, Review Branch, DEA, 435–1259. Time: 2:00 p.m. NIDDK, Natcher Building, Room 6AS–25N, Name of SEP: Clinical Sciences. Place: NIH, Rockledge 2 Room 4100, National Institutes of Health, Bethesda, Date: April 1, 1998. Telephone Conference. Maryland 20892–6600, Phone: (301) 594– Time: 1:00 p.m. Contact Person: Dr. Jeanne Ketley, 8898. Place: NIH, Rockledge 2, Room 4138, Scientific Review Administrator, 6701 Purpose/Agenda: To review and evaluate Telephone Conference. Rockledge Drive, Room 4100, Bethesda, grant applications. Contact Person: Dr. Anthony Chung, Maryland 20892, (301) 435–1789. This meeting will be closed in accordance Scientific Review Administrator, 6701 Name of SEP: Clinical Sciences. with the provisions set forth in secs. Rockledge Drive, Room 4138, Bethesda, Date: April 13, 1998. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. Maryland 20892, (301) 435–1213. Time: 1:00 p.m. Applications and/or proposals and the Name of SEP: Biological and Physiological Place: NIH, Rockledge 2, Room 4128 discussions could reveal confidential trade Sciences. Telephone Conference. secrets or commercial property such as Date: April 2–3, 1998. Contact Person: Dr. Anshumali Chaudhari, patentable material and personal information Time: 7:30 p.m. Scientific Review Administrator 6701 concerning individuals associated with the Place: Holiday Inn, Bethesda, MD. Rockledge Drive, Room 4128, Bethesda, applications and/or proposals, the disclosure Contact Person: Dr. Cheryl Corsaro, Maryland 20892, (301) 435–1210. of which would constitute a clearly Scientific Review Administrator, 6701 Name of SEP: Biological and Physiological unwarranted invasion of personal privacy. Rockledge Drive, Room 6172, Bethesda, Sciences. (Catalog of Federal Domestic Assistance Maryland 20892, (301) 435–1045. Date: Arpil 16–17, 1998. Program No. 93.847–849, Diabetes, Endocrine Name of SEP: Biological and Physiological Time: 8:30 a.m. and Metabolic Diseases; Digestive Diseases Sciences. Place: Holiday Inn-Georgetown, and Nutrition; and Kidney Diseases, Urology Date: April 3, 1998. Washington, DC. and Hematology Research, National Institutes Time: 2:00 p.m. Contact Person: Dr. Calbert Laing, of Health) Place: NIH, Rockledge 2, Room 4144, Scientific Review Administrator, 6701 Dated: March 17, 1998. Telephone Conference. Rockledge Drive, Room 4204, Bethesda, Contact Person: Dr. Syed Quadri, Scientific Maryland 20892, (301) 435–1221. LaVerne Y. Stringfield, Review Administrator, 6701 Rockledge Drive, Name of SEP: Biological and Physiological Committee Management Officer, NIH. Room 4144, Bethesda, Maryland 20892, (301) Sciences. [FR Doc. 98–7554 Filed 3–23–98; 8:45 am] 435–1211. Date: April 29, 1998. BILLING CODE 4140±01±M Name of SEP: Clinical Sciences. Time: 2:30 p.m. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14129

Place: NIH, Rockledge 2, Room 5196, Extramural Activities, Policy, and The meeting will include the review, Telephone Conference. Review, 5600 Fishers Lane, Room 17– discussion and evaluation of individual Contact Person: Ms. Carol Campbell, 89, Rockville, Maryland 20857. grant applications. These discussions Scientific Review Administrator, 6701 Telephone: (301) 443–7390. could reveal personal information Rockledge Drive, Room 5196, Bethesda, Substantive program information may Maryland 20892, (301) 435–1257. concerning individuals associated with be obtained from the individual named the applications. Accordingly, this Name of SEP: Biological and Physiological as Contact for the meeting listed below. meeting is concerned with matters Sciences. The meeting will include the review, Date: Jume 12, 1998. exempt from mandatory disclosure in Time: 8:30 a.m. discussion and evaluation of individual Title 5 U.S.C. 552b(c)(6) and 5 U.S.C. Place: Holiday Inn, Chevy Chase, MD. contract proposals. These discussions App.2, § 10(d). Contact Person: Dr. Sandy Warren, could reveal personal information Committee Name: SAMHSA Special Scientific Review Administrator, 6701 concerning individuals associated with Emphasis Panel I (SEP I). Rockledge Drive, Room 5134, Bethesda, the proposals and confidential and Meeting Dates: May 18–19, 1998. Maryland 20892, (301) 435–1019. financial information about an Place: Residence Inn, Missouri Room, Purpose/Agenda: To review Small individual’s proposal. The discussion 335 Wisconsin Avenue, Bethesda, MD Business Innovation Research. may also reveal information about 20815. Name of SEP: Behavioral and procurement activities exempt from Closed: May 18, 1998 9:00 a.m.—5:00 Neurosciences. disclosure by statute and trade secrets p.m.; May 19, 1998 9:00 a.m.— Date: April 10, 1998. and commercial or financial information adjournment. Time: 8:30 a.m. Panel: Center for Mental Health Place: Ramada Inn, Rockville, Maryland. obtained from a person and privileged and confidential. Accordingly, the Services State Reform Grants. Contact Person: Dr. Luigi Giacometti, Contact: Marcus A. Hairstone, Ph.D., Scientific Review Administrator, 6701 meeting is concerned with matters Rockledge Drive, Room 5170, Bethesda, exempt from mandatory disclosure in Room 17–89, Parklawn Building, Maryland 20892, (301) 435–1246. Title 5 U.S.C. 552b(c)(3), (4), and (6) and Telephone: 301–443–9919 and FAX: Name of SEP: Multidisciplinary Sciences. 5 U.S.C. App. 2, § 10(d). 301–443–3437. Date: June 29–30, 1998. Dated: March 18, 1998. Time: 8:00 a.m. Committee Name: SAMHSA Special Emphasis Panel II. Jeri Lipov, Place: Doubletree Hotel, Rockville, MD. Meeting Date: April 1, 1998. Contact Person: Dr. Dharam Dhindsa, Committee Management Officer, SAMHSA. Place: Conference Room 12–94, Parklawn Scientific Review Administrator, 6701 [FR Doc. 98–7583 Filed 3–23–98; 8:45 am] Building, 600 Fishers Lane, Rockville, MD Rockledge Drive, Room 5206, Bethesda, 20857. BILLING CODE 4162±20±P Maryland 20892, (301) 435–1174. Closed: April 1, 1998 10:30 a.m.— The meetings will be closed in accordance adjournment. with the provisions set forth in secs. Contact: Joan Harrison, Room 17–89, DEPARTMENT OF THE INTERIOR 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Parklawn Building, Telephone: (301) 594– Applications and/or proposals and the 2811 and FAX: (301) 443–3437. Fish and Wildlife Service discussions could reveal confidential trade This notice is being published less than 15 secrets or commercial property such as Availability of Draft Recovery Plan for patentable material and personal information days prior to the meeting due to the urgent concerning individuals associated with the need to meet timing limitations imposed by Serpentine Soil Species of the San applications and/or proposals, the disclosure the review and funding cycle. Francisco Bay Area, California, for of which would constitute a clearly Dated: March 18, 1998. Review and Comment unwarranted invasion of personal privacy. Jeri Lipov, AGENCY: U.S. Fish and Wildlife Service, (Catalog of Federal Domestic Assistance Committee Management Officer, SAMHSA. Interior. Program Nos. 93.306, 93.333, 93.337, 93.393– [FR Doc. 98–7582 Filed 3–23–98; 8:45 am] 93.396, 93.837–93.844, 93.846–93.878, ACTION: Notice of document availability. BILLING CODE 4162±20±P 93.892, 93.893, National Institutes of Health, SUMMARY: HHS) The U.S. Fish and Wildlife Service (Service) announces the Dated: March 17, 1998. DEPARTMENT OF HEALTH AND availability for public review of the LaVerne Y. Stringfield, HUMAN SERVICES Draft Recovery Plan for Serpentine Soil Committee Management Officer, NIH. Species of the San Francisco Bay Area, [FR Doc. 98–7555 Filed 3–23–98; 8:45 am] Substance Abuse and Mental Health California. This recovery plan includes BILLING CODE 4140±01±M Services Administration (SAMHSA); 28 species, of which 14 species are Notice of Meeting federally listed as endangered or Pursuant to Pub. Law 92–463, notice threatened. The draft plan includes DEPARTMENT OF HEALTH AND is hereby given of the following meeting recovery criteria and recommended HUMAN SERVICES of the SAMHSA Special Emphasis Panel management actions for the plants—San Mateo thornmint (Acanthomintha Substance Abuse and Mental Health I in May 1998. obovata ssp. duttonii), Tiburon Services Administration (SAMHSA) A summary of the meeting and a mariposa lily (Calochortus Notice of Meeting roster of the members may be obtained from: Ms. Dee Herman, Committee tiburonensis), Tiburon paintbrush Pursuant to Pub. L. 92–463, notice is Management Liaison, SAMHSA, Office (Castilleja affinis ssp. neglecta), coyote hereby given of the following meeting of of Policy and Program Coordination, thistle (Ceanothus ferrisae), fountain the SAMHSA Special Emphasis Panel II Division of Extramural Activities, thistle (Cirsium fontinale var. fontinale), in April 1998. Policy, and Review, 5600 Fishers Lane, Presidio clarkia (Clarkia franciscana), A summary of the meeting may be Room 17–89, Rockville, Maryland Pennell’s birds-beak (Cordylanthus obtained from: Ms. Dee Herman, 20857. Telephone: 301–443–7390. tenuis ssp. capillaris), Santa Clara Committee Management Liaison, Substantive program information may Valley dudleya (Dudleya setchellii), San SAMHSA, Office of Program Planning be obtained from the individual named Mateo woolly sunflower (Eriophyllum and Coordination (OPPC), Division of as Contact for the meeting listed below. latilobum), Marin dwarf flax 14130 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

(Hesperolinon congestum), white-rayed to approval of each new or revised DEPARTMENT OF THE INTERIOR pentachaeta (Pentachaeta bellidiflora), recovery plan. Substantive technical Metcalf canyon jewelflower comments will result in changes to the Bureau of Indian Affairs (Streptanthus albidus ssp. albidus), plan. Substantive comments regarding Tiburon jewelflower (Streptanthus recovery plan implementation may not Receipt of Petition for Federal niger), and the bay checkerspot butterfly necessarily result in changes to the Acknowledgment of Existence as an (Euphydryas editha bayensis); and an recovery plan, but will be forwarded to Indian Tribe additional six species of plants, one appropriate Federal or other entities so species of moth, and seven harvestman that they can take these comments into AGENCY: Bureau of Indian Affairs. (spider) species that are considered to account during the course of ACTION: be species of concern are addressed in implementing recovery actions. Notice. the draft recovery plan. Individualized responses to comments DATES: Comments on the draft recovery will not be provided. This is published in the exercise of plan must be received on or before June The 28 species of plants and animals authority delegated by the Secretary of 22, 1998. covered in the draft recovery plan are the Interior to the Assistant Secretary— Indian Affairs by 209 DM 8. Pursuant to ADDRESSES: Copies of the draft recovery primarily restricted to serpentine soils plan are available for inspection, by habitat in the San Francisco Bay area of 25 CFR 83.9(a) notice is hereby given appointment, during normal business California. Conversion of habitat to that: The Nehantic Tribe and Nation, hours at the following location: U.S. urban and industrial uses has extirpated Inc., 231 West Main Street, Chester, Fish and Wildlife Service, Sacramento the listed species and species of concern Connecticut 06412, has filed a petition Fish and Wildlife Office, 3310 El from the majority of their historic for acknowledgment by the Secretary of Camino Avenue, Suite 130, Sacramento, ranges. The remaining natural the Interior that the group exists as an California (telephone (916) 979–2725). communities are highly fragmented, and Indian tribe. The petition was received Requests for copies of the draft recovery many are marginal habitats in which by the Bureau of Indian Affairs (BIA) on plan and written comments and these species may not persist during September 5, 1997, and was signed by catastrophic events, such as fire or materials regarding this plan should be members of the group’s governing body. addressed to Wayne S. White, Field persistent drought. Natural communities This is a notice of receipt of petition Supervisor, Ecological Services, at the also have been altered permanently by and does not constitute notice that the above Sacramento address. the introduction of aggressive, nonnative plants, which now dominate petition is under active consideration. FOR FURTHER INFORMATION CONTACT: in many of the remaining undeveloped Notice of active consideration will be Karen Miller, Fish and Wildlife areas. sent by mail to the petitioner and other Biologist, at the above Sacramento The objectives of this recovery plan interested parties at the appropriate address. are two-fold: (1) to delist the plants San time. SUPPLEMENTARY INFORMATION: Mateo thornmint, Tiburon mariposa lily, Under Section 83.9(a) of the Federal Background Tiburon paintbrush, coyote thistle, fountain thistle, Presidio clarkia, regulations, third parties may submit Restoring endangered or threatened Pennell’s birds-beak, Santa Clara Valley factual or legal arguments in support of animals and plants to the point where dudleya, San Mateo woolly sunflower, or in opposition to the group’s petition. they are again secure, self-sustaining Marin dwarf flax, white-rayed Any information submitted will be members of their ecosystems is a pentachaeta, Metcalf canyon made available on the same basis as primary goal of the Service’s jewelflower, Tiburon jewelflower, and other information in the BIA’s files. endangered species program. To help the bay checkerspot butterfly by Such submissions will be provided to guide the recovery effort, the Service is protecting, enhancing, restoring, and the petitioner upon receipt by the BIA. working to prepare recovery plans for appropriately managing their habitat; The petitioner will be provided an most of the listed species native to the and (2) to ensure the long-term opportunity to respond to such United States. Recovery plans describe conservation of the 14 species of submissions prior to a final actions considered necessary for the concern that occur in the same determination regarding the petitioner’s conservation of the species, establish serpentine habitats with the listed status. criteria for downlisting or delisting species. listed species, and estimate time and The petition may be examined, by cost for implementing the recovery Public Comments Solicited appointment, in the Department of the measures needed. The Service solicits written comments Interior, Bureau of Indian Affairs, The Endangered Species Act of 1973, on the recovery plan described. All Branch of Acknowledgment and as amended (16 U.S.C. 1531 et seq.) comments received by the date specified Research, Room 3427—MIB, 1849 C (Act), requires the development of above will be considered prior to Street, NW., Washington, DC 20240, recovery plans for listed species unless approval of this plan. (202) 208–3592. such a plan would not promote the conservation of a particular species. Authority : The authority for this action is Dated: March 11, 1998. Section 4(f) of the Act as amended in section 4(f) of the Endangered Species Act, Hilda Manuel, 16 U.S.C. 1533(f). 1988 requires that public notice and an Deputy Commissioner of Indian Affairs. Dated: February 13, 1998. opportunity for public review and [FR Doc. 98–7549 Filed 3–23–98; 8:45 am] Don Weathers, comment be provided during recovery BILLING CODE 4310±02±P plan development. The Service will Acting Regional Director, Region 1. consider all information presented [FR Doc. 98–7575 Filed 3–23–98; 8:45 am] during the public comment period prior BILLING CODE 4310±55±P Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14131

DEPARTMENT OF THE INTERIOR The proposal would be authorized by Colorado 80225–0165, telephone (303) a lease for a term of 10 years. The lease 275–7210. Bureau of Land Management could be renewed at the discretion of SUPPLEMENTARY INFORMATION: On the authorized officer. October 16, 1997, the Secretary of the (NV±020±1430±01; N±62361) The proposed parcel has not been Interior (Secretary) approved an April appraised at this time, so no estimate of 16, 1997, recommendation from the Notice of Realty Action for Proposed rent is available. However, rent will not Royalty Policy Committee (RPC) to Agricultural Lease of Public Lands, be less than the appraised fair market revise the current method of adjusting Nevada. value. the value used to compute royalty AGENCY: Bureau of Land Management, For a period of 45 days from the date payments on Federal phosphate Interior. of publication of this Notice in the production. Federal Register, interested parties may ACTION: RPC is a committee of the MMS The proposed leasing of public submit comments to the District land for agricultural purposes to resolve Advisory Board (Board). The Board was Manager, Winnemucca Field Office, created under the authority of the the unintentional, unauthorized use by 5100 E. Winnemucca Boulevard, the applicant. Federal Advisory Committee Act. The Winnemucca, Nevada 89445. In the Board’s purpose includes, in relevant The United States shall reserve the absence of adverse comments, an part, providing advice to the Secretary, right to issue compatible rights-of-way application for the proposed use will be the Director, MMS, and other or use permits over the lease lands. processed in accordance with proper Department of the Interior (Department) Such uses, however, shall not unduly application procedures. officials on royalty management of impair the use of the lands for FOR FURTHER INFORMATION CONTACT: Federal and Indian leases. RPC includes authorized purposes nor damage Mary Figarelle, Realty Specialist, representatives of States which share in authorized improvements therein. The Winnemucca Field Office, 5100 E. mineral revenues from Federal lands; United States shall also reserve all of the Winnemucca Boulevard, Winnemucca, Indian tribes and allottees whose coal, oil, gas, and other mineral deposits Nevada, 89445, or call (702) 623–1500. mineral revenues MMS collects in trust; in the leased land together with the Ron Wenker, and oil and gas and solid minerals right to enter upon and prospect for, District Manager, Winnemucca, Nevada. producing industries who pay royalties; mine, and remove such minerals. [FR Doc. 98–7528 Filed 3–23–98; 8:45 am] and the public. The proposed action is in BILLING CODE 4310±HC±P RPC Recommendations conformance with the Paradise-Denio Management Framework Plan, dated RPC made the following July 9, 1982. DEPARTMENT OF THE INTERIOR recommendations concerning phosphate The parcel proposed for leasing under valuation which were approved by the provisions of section 302 of the Federal Minerals Management Service Secretary: Land Policy and Management Act 1. The current indexing procedure, (FLPMA) of 1976 and 43 CFR Part 2920 Royalty Computation on Phosphate which utilizes the Gross Domestic is described as follows: Production on Western Public Lands Product—Implicit Price Deflator (GDP– IPD) to annually adjust the phosphate AGENCY: Minerals Management Service, Mount Diablo Meridian, Nevada value for royalty calculation purposes, Interior. T. 38 N., R. 32 E., should be discontinued. Sec. 1: Lot 3. ACTION: Notice of proposed revision of 2. The phosphate value should be The proposal would encumber method for determining value used to determined using a weighted composite approximately 39.660 acres of public land. compute royalty payments on index methodology having the following The parcel affected by the proposed phosphate ore mined on western public indices and weights: lease is located near Willow Creek lands. • The Chemical and Fertilizer Minerals Mining Index (Standard Ranch on the east side of the Jackson SUMMARY: The Minerals Management Mountain Range. The lands are Service (MMS) is soliciting comments Industry Code (SIC) 147), weighted at 50 currently under cultivation, so no percent. on a proposal to adopt a new method for • additional surface disturbance of the determining the value of production The Phosphate Rock Index (SIC area would occur as a result of this 1475), weighted at 25 percent. used to compute royalties on phosphate • lease. ore produced from Federal leases in the The Phosphatic Fertilizers Index No other proposals will be accepted. State of Idaho. (SIC 2874), weighted at 25 percent. The proposed parcel is currently being The phosphate unit value would be farmed by the applicant, and the DATES: Submit comments on or before recalculated annually, as under the pending lease would be issued to April 23, 1998. existing indexing procedure. resolve the unintentional unauthorized ADDRESSES: Send your written 3. This recommended methodology use by the applicant, until a comments to David S. Guzy, Chief, should continue for 5 years, at which determination is made by the Bureau of Rules and Publications Staff, Royalty time the methodology and the values Land Management on whether it is in Management Program, Minerals determined thereunder will be the publics interests to sell the lands to Management Service, PO Box 25165, examined to assure there is a continued the applicant for agricultural purposes, MS 3021, Denver, Colorado 80225– relationship to the marketplace. or terminate the agricultural use of the 0165; or e-Mail 4. The valuation methodology applies public lands. Use of the parcel by the [email protected]. only to Federal phosphate production; applicant’s family has occurred over FOR FURTHER INFORMATION CONTACT: there is no Indian phosphate three (3) generations, in belief that it Herbert B. Wincentsen, Chief, Solid production. State or fee phosphate was part of their deeded property. Minerals Valuation and Reporting leases are also unaffected unless the Therefore, no other proposals would be Branch, Minerals Management Service, parties to a State or fee lease elect to use acceptable. PO Box 25165, Mail Stop 3153, Denver, the Federal valuation methodology. 14132 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

5. The recommended composite $5 per ton benchmark price for adjustment for P205 unit value indexing method will not be retroactive. application of the 5-percent royalty rate. determination in a Federal Register The methodology will become effective In 1974, an audit by the Department (the release (46 FR 9210, January 28, 1981). if and when approved by the Office of Audit and Investigation) The index selected was the GDP–IPD, as Department. concluded that the Federal Government published by the U.S. Department of Problems Identified in RPC Report was not following its statutory mandate Commerce, Bureau of Economic to collect not less than 5 percent of the Analysis. In selecting that index, the RPC identified the following problems gross value. Department left open the question of with the current phosphate valuation However, required use of the ad future valuation procedures, stating: method: valorem royalty rate introduced a new If a better method is developed that more 1. There is a lack of open market problem. The Western phosphate (arm’s-length) sales of phosphate ore, accurately reflects the value of phosphate industry is, for the most part, a rock, it will be considered at that time. the product on which the value for vertically integrated industry internally MMS has routinely recalculated each royalty purposes is based. The Western consuming phosphate lease ore year’s value and provided that value to phosphate industry has been, and production in either electric furnaces to industry. By 1995, MMS recognized that continues to be, characterized by make elemental phosphorus or in wet the GDP–IPD adjustment mechanism vertically integrated companies. These acid plants to make a variety of was developing values that did not companies consume virtually all phosphate-based fertilizers. The absence appear to correlate with phosphate phosphate ore production internally, to of significant quantities of open market market changes. Moreover, if allowed to make a variety of downstream refined sales was problematic since the ad continue, the GDP–IPD adjusted phosphate based fertilizers and valorem royalty was based on the unit phosphate value would eventually elemental phosphorus. sale or contract price obtained under 2. About 16 years have elapsed since become completely unrelated to the bona fide arm’s-length sales, as the Department adopted an indexed marketplace. Operating under the RPC, specified by regulations at 30 CFR valuation adjustment method using the Phosphate Study Group and later, 206.301 (1997). GDP–IPD. As expected, the P205 unit the Phosphate Valuation Subcommittee, Following extensive analysis over value has steadily increased each year, was formed to examine whether an several years, then Secretary Thomas S. consistent with the use of a broad-based alternative valuation methodology could Kleppe decided on May 13, 1976, to use measure of price changes such as the be agreed upon to replace the GDP–IPD a net back valuation methodology where GDP–IPD. index. 3. Comparison of the Federal GDP– in open market (arm’s-length) sales of IPD indexed-valuation methodology to beneficiated phosphate rock would be Chronology of Meetings the market shows that its use has failed adjusted for beneficiation and related In March 1995, MMS contacted the to accurately track the relative rise and costs to arrive at the gross value of mine State of Idaho, industry, and the Bureau fall of a single product or market such output, which is phosphate ore. This of Land Management (BLM) asking for as that for phosphate rock; therefore, a ‘‘Kleppe Method’’ valuation procedure expressions of interest to form a study valuation problem currently exists. was made retroactive to January 1, 1975. group to examine the Federal phosphate 4. The valuation problem will grow The Kleppe Method was difficult to royalty valuation issue. All parties with continued use of the GDP–IPD. The administer. In an advance notice contacted agreed to meet to discuss the continued use of the GDP–IPD will published in the Federal Register (45 Federal phosphate valuation issue and, increase the P205 unit value at the same FR 74065, November 7, 1980), the on June 22, 1995, these parties met with rate as the IPD deflates the GDP. This is Department stated that there were two MMS representatives at BLM’s Pocatello not a true reflection of changes in the problems related to the continued use of office. MMS representatives briefed the phosphate marketplace because it does the Kleppe formula: parties on (1) the phosphate valuation not take into consideration the changing During the period 1975 through 1979, issue, (2) the Federal Advisory phosphate product consumption pattern arm’s-length sales, both long-term sales and Committee Act, and (3) the relationships and the ancillary price impacts on spot sales, were of sufficient magnitude to of the RPC and the various phosphate ore. establish a realistic product value. In 1980, subcommittees. however, arm’s-length sales diminished to In 1995, when RPC was initially Background of Phosphate Ore less than 1 percent of total mine production Valuation in the western phosphate region... formed, a subcommittee named the Also, this method was cumbersome, as it Phosphate and Other Leasable Solid Valuation Before 1975 required the phosphate lessees to submit all Minerals Subcommittee was formed. Before 1975, phosphate royalty their cost and sales data. These data, in turn, This subcommittee was intended not payments were based on a lease- were audited by the Department and, after only to address the phosphate valuation imposed minimum rate of $0.25 per ton. several months, a gross value was issue but perhaps other, not yet Federal phosphate leases have established. In most years, the royalty specified issues for other solid minerals. historically carried lease terms requiring assessment was not determined until after However, no additional meetings of this the mining year was completed. royalty to be paid on the greater of subcommittee occurred subsequent to either $0.25 per ton or 5 percent of the To overcome these problems, the its formation. gross value. Under this term, the 5 Department recommended adoption of In a letter dated February 2, 1996, the percent rate applies whenever the gross an index adjustment methodology; RPC Chair notified the Chair of the value exceeds $5 per ton. Before 1975, however, no specific index was Phosphate and Other Leasable Solid the value was assumed to be less than recommended. The Department also Minerals Subcommittee of his decision $5 per ton and thus the royalty rate solicited proposals on other methods for to segregate the phosphate valuation remained fixed at $0.25 per ton. valuing phosphate ore. issue. In doing so, the Phosphate Subcommittee was created. Valuation From 1975 to 1981 Valuation From 1981 to the Present The Phosphate Subcommittee initially In the early 1970’s phosphate rock Effective January 1, 1981, the met on April 25, 1996, at J.R. Simplot’s prices rapidly increased, surpassing the Department adopted the index-based office in Pocatello, Idaho. Rules for Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14133 conducting the meeting and for The Phosphate Subcommittee 2. No single index best represents the approving recommendations were reconvened on January 22, 1997, at western phosphate industry. However, a established. The composition of the BLM’s Pocatello office. Industry composite of PPI’s that are closely Phosphate Subcommittee was modified, concurred with the proposal. The State related to the phosphate mining with the Caribou County Treasurer and County officials, while agreeing that industry provide a measurement that is substituting for the representative from a valuation problem existed under the better than the existing GDP–IPD index: the Idaho State Treasurer’s office. The present methodology, were unable to • The Phosphatic Fertilizers Index final composition of the Phosphate recommend adoption of an alternative Subcommittee included industry methodology that might impact royalty emphasizes price movements of representatives, the Caribou County revenue streams that benefit the school downstream phosphate-based fertilizers Treasurer, a representative from the system and county infrastructure. that were manufactured from phosphate Idaho State Lands, and a member of the The nonconsensus recommendation rock. All phosphate producers do not public. MMS facilitators and BLM was presented to the RPC for make fertilizers. Some are elemental representatives also attended the consideration on April 16, 1997. RPC phosphorus producers whose meetings, providing background approved the recommendation under its downstream refined products are not material, detailed analysis of the issue, voting rules, with 9 votes in favor, 1 used in the fertilizer industry. and guiding the discussion. The opposed, and 4 abstentions. Therefore, this index, in itself, does not Phosphate Subcommittee agreed to Later, in a letter dated June 4, 1997, represent downstream price changes for address the following issues: the Idaho State Treasurer wrote to the all phosphate producers. 1. Has the phosphate market changed Chair, RPC, endorsing the RPC • The Chemical and Fertilizer in the last 15 years? If so, how has it recommendation and asking that the Minerals Mining Index represents the Secretary accept and implement the impacted valuation? output of basic mining for phosphate, recommendation. 2. Is the index adjustments using the sodium, borates, and potash. This is the On October 16, 1997, the Secretary GDP–IPD accurate or is there a more principal index for measuring mining accurate method of valuing phosphate approved the RPC recommendation for revising the methodology used to output, excluding nonfuel and ore that should replace the GDP–IPD nonmetals. Also, these minerals are adjustment method? compute the value used for Federal phosphate production royalty payments. produced extensively in the western 3. Is the value accurate or should it be United States; therefore, this index is adjusted? Principal Provisions of the Proposed responsive to changes in western mine The Phosphate Subcommittee agreed Valuation Revision production. not to reconvene until a proposal had The following constitute the principal • The Phosphate Rock Index been made. In the interim, MMS provisions of the proposed valuation represents beneficiated rock prices, representatives and Idaho BLM revisions: nationwide. The nationwide output of representatives met on July 23 and 24, 1. Use Producer Price Indexes (PPI) phosphate rock is dominated by 1996, with a Washington Office BLM because PPI: Florida’s production; therefore, even official for briefing on the purpose of the • Measures average changes in selling though this index would seem to be Phosphate Subcommittee. prices received by domestic producers most closely allied with the western The Phosphate Subcommittee (import prices are excluded); phosphate producers, it cannot reconvened on November 19, 1996, at • Emphasizes the reporting of represent the single best indicator of BLM’s Pocatello office to discuss an realistic transaction prices, including Idaho production, particularly since October 31 proposal to use a weighted- discounts, premiums, rebates, almost all of the Idaho phosphate average composite index to adjust the allowances, etc., rather than list or book production is not sold on the open annual unit value for phosphate prices. No ‘‘futures markets’’ are used; valuation. The members agreed to and market. review the proposal and reconvene in • Reflects ‘‘point of production’’ The weighted composite index January 1997. prices exclusive of transportation. methodology is shown in Table 1 below:

TABLE 1.ÐCOMPOSITE INDEX METHODOLOGY FOR FEDERAL PHOSPHATE VALUATION

Phosphatic Fertilizer Year fertilizer mining Rock price Composite Index unit index index index index value

1988 ...... 127.30 99.60 81.30 101.95 $0.5310 1989 ...... 126.00 104.70 88.20 105.90 0.5516 1990 ...... 115.70 106.70 93.80 105.73 0.5507 1991 ...... 117.90 108.50 96.80 107.93 0.5621 1992 ...... 107.60 108.30 103.70 106.98 0.5572 1993 ...... 97.50 104.30 97.40 100.88 0.5254 1994 ...... 118.60 102.10 94.60 104.35 0.5435 1995 ...... 139.10 104.20 98.00 111.38 0.5801 1996 ...... 150.40 108.60 101.80 117.35 0.6112 Weight Factor (percent) ...... 25 50 25 ...... Base Year 1987 ...... 110.90 96.40 83.20 96.73 0.5038

As under the existing methodology, determined with reference to the prior year’s index value compared to the base the unit value of phosphate ore is year value. For example: 14134 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Existing Methodology

1995 GDP-IPD 1996 Phosphate Unit Value = 1979 Base Year Unit Value × 1979 GDP-IPD 107.5 1996 Phosphate Unit Value = $0.337/Unit × = $0.6551 /Unit 55.3 Revised Methodology

1995 Composite Index 1996 Phosphate Unit Value = 1987 Base Year Unit Value × 1987 Composite Index 111.38 1996 Phosphate Unit Value = $0.5038 × = $0.5801 /Unit 96.73

The revised methodology would not either increase or decrease based solely SEND COMMENTS TO: Diane M. Cooke, be applied retroactively. However, the on changes to the level of production Information Collection Clearance weighted composite index calculated even without any change to the Officer, WASO Administrative Program value would be compared retroactively valuation methodology. Center, National Park Service, 1849 C to the GDP-IPD based value to form a Dated: March 17, 1998. Street N.W., Room 3317, Washington, basis for correcting for actual phosphate Lucy Querques Denett, D.C. 20240, phone 202/208–3933. market trends. Using this comparison Associate Director for Royalty Management. FOR FURTHER INFORMATION CONTACT: Dr. technique, 1987 forms a new base value Francis P. McManamon, Manager, year, when the GDP-IPD indexed value [FR Doc. 98–7547 Filed 3–23–98; 8:45 am] BILLING CODE 4310±MR±P Archeology and Ethnography Program, and the composite indexed (market National Park Service, 1849 C Street based) value coalesced. N.W., Room NC210, Washington, D.C. No attempt would be made to apply 20240, phone: 202/343–4101. a one-time Kleppe Formula (net back) to DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: determine actual industry production National Park Service costs and revenues for the same reasons Title: Application for and issuance of that were acknowledged by the 60-day Notice of Intention to Request Federal permits under the Department in 1980: Clearance of Collection of Information; Archaeological Resources Protection Act • There is a continued lack of bona Opportunity for Public Comment. and the Antiquities Act. fide open market sales from which to Departmental Form Numbers: DI– base overall revenues and prices. AGENCY: Department of the Interior, 1926 (permit application), DI–1991 • The process takes too long and is National Park Service. (permit form). cumbersome, entailing extensive data ACTION: Notice and request for OMB Number: 1024–0037. collection and consuming audit comments. Expiration date: 7/31/98 resources. Type of request: Renewal of clearance. The phosphate value computed under SUMMARY: Under the Paperwork Description of need: Information the revised methodology would be Reduction Act of 1995 and 5 CFR Part collected responds to statutory examined through a market analysis 1320, Reporting and Record Keeping requirements that Federal agencies (1) every 5 years, to ensure that the new Requirements, the NPS invites public issue permits to qualified individuals valuation methodology is, in fact, comments on (1) the need for the and institutions desiring to excavate or reflecting changes in the western information including whether the remove archeological resources from phosphate industry. Since the analysis information has practical utility; (2) the public or Indian lands, and (2) specify that was part of the Phosphate accuracy of the reporting burden terms and conditions, including Subcommittee’s work occurred in 1996, estimate; (3) ways to enhance the reporting requirements, in permits. The the values computed for phosphate ore quality, utility, and clarity of the information collected is reported will be examined and compared to information to be collected; and (4) annually to Congress and is used for market data in 2001. ways to minimize the burden of the information collection on respondents, land management purposes. Potential Revenue Impact including the use of automated Automated data collection: At the The revenue impact associated with collection techniques or other forms of present time, there is no automated way this proposed revision to the value information technology. to gather this information. adjustment methodology is difficult to The request is for revision of an Description of Respondents: predict because the selected indexes are existing information collection Individuals, businesses, academic relatively more volatile than the GDP– requirement approved by OMB and institutions, tribes or tribal members, IPD and they will follow market trends. assigned clearance No. 1024–0037. Federal agencies and other parties Had this index been adopted for 1996 Copies of the request and related forms wishing to excavate or remove the impact would have been an annual and explanatory material may be archeological resources from public or reduction in royalty of about $444,000, obtained by contacting the Bureau’s Indian lands. or about 10.6 percent. However, royalty Clearance Officer at the phone number Estimated average number of revenue is also impacted by the level of listed below. respondents: 1050. production from Federal leases as well DATES: Public comments will be Estimated average burden hours per as the unit value. Thus, royalty could accepted on or before May 26, 1998. response: 1 hour. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14135

Estimated annual reporting burden: their park visits, and to obtain their memorial—Iwo Jima, 800 at the 1050. opinions regarding services provided by National Monuments and Memorials Diane M. Cooke, the four parks and the suitability of the (National Mall), 480 at Klondike Gold Information Collection Clearance Officer, visitor facilities maintained in the four Rush National Historical Park (Skagway, WASO Administrative Program Center, parks. This information will be used by Alaska), and 864 at Whiskeytown National Park Service. park planners and managers to plan, National Recreation Area. [FR Doc. 98–7602 Filed 3–23–98; 8:45 am] develop, and operate visitor services Estimated Average Number of BILLING CODE 4310±70±M and facilities in ways that maximize use Responses: Each respondents will of limited park financial and personnel respond only one time, so the number resources to meet the expectations and of responses will be the same as the DEPARTMENT OF THE INTERIOR desires of park visitors. number of respondents. There were no public comments Estimated Average Burden Hours Per National Park Service received as a result of publishing in the Response: 12 minutes. Federal Register a 60 day notice of Frequency of Response: One time per Submission of Study Package to Office intention to request clearance of respondent. of Management and Budget; information collection for these four Estimated Annual Reporting Burden: Opportunity for Public Comment surveys. 160 hours at The Netherlands Carillon/ AGENCY: Department of the Interior, DATES: Public comments will be The U.S. Marine Corps War memorial— National Park Service; and 4 units of the accepted on or before April 23, 1998. Iwo Jima, 1600 hours at the National Monuments and Memorials (National National Park System. SEND COMMENTS TO: Office of Mall), 96 hours at Klondike Gold Rush ACTION: Notice and request for Information and Regulatory Affairs of National Historical Park (Skagway, comments. OMB, Attention Desk Officer for the Interior Department, Office of Alaska), and 173 hours at Whiskeytown ABSTRACT: The National Park Service Management and Budget, Washington, National Recreation Area. (NPS) Visitor Services Project and four DC 20530; and also to: Margaret Diane M. Cooke, parks (The Netherlands Carillon/The Littlejohn; Cooperative Park Studies Information Collection Clearance Officer, U.S. Marine Corps War memorial—Iwo Unit; Department of Forest Resources; WASO Administration Program Center, Jima (part of the George Washington College of Forestry, Wildlife and Range National Park Service. Memorial Parkway), the National Sciences; University of Idaho; Moscow, [FR Doc. 98–7603 Filed 3–23–98; 8:45 am] Monuments and Memorials (National ID 83844–1133. BILLING CODE 4310±70±M Mall), Klondike Gold Rush National FOR FURTHER INFORMATION OR A COPY OF Historical Park (Skagway, Alaska), and THE STUDY PACKAGES SUBMITTED FOR OMB DEPARTMENT OF THE INTERIOR Whiskeytown National Recreation Area) REVIEW, CONTACT: Margaret Littlejohn, propose to conduct visitor surveys to phone: 208–885–7863, fax: 208–885– National Park Service learn about visitor demographics and 4261, or email: [email protected]. visitor opinions about services and SUPPLEMENTARY INFORMATION: Notice of Intent To Issue a Prospectus facilities in these four parks. The results Title: National Park Service (NPS) for Operation of a Photographic and of the surveys will be used by park Visitor Services Project Visitor Surveys Art Studio Within Yosemite National managers to improve the services they at Four Parks. Park provide to visitors while better Form: Not applicable. SUMMARY: protecting park natural and cultural OMB Number: To be assigned. The National Park Service resources. Study packages that include Expiration Date: To be assigned. will be releasing a concession the proposed survey questionnaires for Type of Request: Request for new Prospectus authorizing continued these four proposed park studies have clearance. operation of a photographic and art been submitted to the Office of Description of Need: The National business for the visiting public within Management and Budget for review. Park Service needs information Yosemite National Park. The operation SUMMARY: Under the provisions of the concerning visitor demographics and is located in Yosemite Valley in close Paperwork Reduction Act of 1995 and 5 visitor opinions about the services and proximity to the park’s Visitor Center. CFR Part 1320, Reporting and Record facilities that the National Park Service The operation consists of the sale of Keeping Requirements, the NPS invites provides in each of these four parks. photographic and art supplies and public comment on these four proposed The proposed information to be equipment, works of art, publications information collection requests (ICR). collected regarding visitors in these four and handicraft items. The operation is Comments are invited on: (1) the need parks is not available from existing year-round with the peak season during for the information including whether records, sources, or observation. the summer months. The average the information has practical utility; (2) Automated Data Collection: At the visitation to the park is approximately 4 the accuracy of the reporting burden present time, there is no automated way million annually. The annual gross estimate; (3) ways to enhance the to gather this information, since it receipts over the last 5 years has quality, utility, and clarity of the includes asking visitors to evaluate averaged about $2 million. Staffing for information to be collected; and (4) services and facilities that they used the operation is 12–20 people. Limited ways to minimize the burden of the during their park visit. The intrusion on employee housing is available on site. information collection on respondents, visitors to the parks is minimized by The new contract will be for five (5) including the use of automated only contacting visitors during one 7–9 years beginning October 1,1998. There collection techniques or other forms of day period at each park. is an existing concessioner which has information technology. The purpose of Description of Respondents: A sample operated satisfactorily under the the four proposed ICRs is to document of visitors to each of these four parks. existing contract and has a right of the demographics of visitors to the four Estimated Average Number of preference in renewal. parks, to learn about the motivations Respondents: 800 at The Netherlands SUPPLEMENTARY INFORMATION: The cost and expectations these visitors have for Carillon/The U.S. Marine Corps War for purchasing a Prospectus is $30.00. 14136 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Parties interested in obtaining a copy (9) New business. * The selection of sites for should send a check (NO CASH) made a. Hunting plan work session. interpretation and preservation by payable to ‘‘National Park Service’’ to (10) Set time and place of next means of cooperative agreements. the following address: National Park Subsistence Resource Commission The Agenda for this meeting is as Service, Pacific Great Basin Support meeting. follows: Office, Office of Concession Program (11) Adjournment. 1. Review of February 6, 1998 Management, 600 Harrison Street, Suite summary report. DATES: 600, San Francisco, California 94107– The meeting dates are: 2. Speaker: Sylvain Godin of the 1372. A Tax Identification Number The meeting will begin at 7 p.m. on Village Historique Acadien on ‘‘The (TIN) OR Social Security Number (SSN) Tuesday, April 7, 1998, and conclude at Changing Interpretation of Acadian MUST be provided on all checks. The approximately 9 p.m. The meeting will Culture.’’ front of the envelope should be marked reconvene at 8:30 a.m. on Wednesday, 3. Report of the National Park Service ‘‘Attention: Office of Concession April 8, 1998, and conclude at 5 p.m. project staff. Program Management—Mail Room Do The meeting will reconvene at 8:30 a.m. 4. Opportunity for public comment. Not Open’’. Please include in your on Thursday, April 9, 1998 and adjourn 5. Proposed agenda, place, and date of request a mailing address indicating at approximately 12 p.m. the next Commission meeting. The meeting is open to the public. where to send the Prospectus. Inquiries ADDRESSES: The meeting location is: Further information concerning may be directed to Ms. Teresa Jackson, National Park Service/United States Commission meetings may be obtained Office of Concession Program Fish and Wildlife Service Building in from the Superintendent, Acadia Management at (415) 427–1369. Bettles, Alaska. National Park. Interested persons may Dates: March 12, 1998. FOR FURTHER INFORMATION CONTACT: make oral/written presentations to the Holly Bundock, Dave Mills, Superintendent, Gates of the Commission or file written statements. Acting Regional Director, Pacific West Region. Arctic National Park and Preserve, 201 Such requests should be made at least [FR Doc. 98–7598 Filed 3–23–98; 8:45 am] First Avenue, Doyon Building, seven days prior to the meeting to: Fairbanks, Alaska 99707. Phone (907) BILLING CODE 4310±70±P Superintendent, Acadia National Park, 456–0281. P.O. Box 177, Bar Harbor, ME 04609– SUPPLEMENTARY INFORMATION: The 0177; telephone (207) 288–5472. DEPARTMENT OF THE INTERIOR Subsistence Resource Commissions are Dated: March 12, 1998. authorized under Title VIII, Section 808, Paul F. Haertel, National Park Service of the Alaska National Interest Lands Conservation Act, Pub. L. 96–487, and Superintendent, Acadia National Park. Announcement of Subsistence operate in accordance with the [FR Doc. 98–7601 Filed 3–23–98; 8:45 am] Resource Commission Meeting provisions of the Federal Advisory BILLING CODE 4310±70±P AGENCY: National Park Service, Interior. Committees Act. ACTION: Announcement of Subsistence Robert D. Barbee, DEPARTMENT OF THE INTERIOR Resource Commission meeting. Regional Director. [FR Doc. 98–7599 Filed 3–23–98; 8:45 am] National Park Service SUMMARY : The Superintendent of Gates BILLING CODE 4310±70±P of the Arctic National Park and Preserve Trail of Tears National Historic Trail and the Chairperson of the Subsistence Advisory Council; Notice of Meeting Resource Commission for Gates of the DEPARTMENT OF THE INTERIOR Arctic National Park and Preserve Notice is hereby given in accordance announce a forthcoming meeting of the National Park Service with the Federal Advisory Committee Gates of the Arctic National Park and Act, Pub. L. 92–463, that a meeting of Preserve Subsistence Resource Maine Acadian Culture Preservation the Trail of Tears National Historic Trail Commission. The following agenda Commission; Notice of Meeting Advisory Council will be held April 28, items will be discussed: 1998 at 8:00 a.m., in Wagoner, Notice is hereby given in accordance (1) Call to order. Oklahoma at the Western Hills Guest with the Federal Advisory Committee (2) Roll call. Ranch State Park (between Tulsa and (3) Approval of summary of minutes Act (Pub. L. 92–463) that the Maine Tahlequah). from January 14–15, 1998 meeting. Acadian Culture Preservation The Trail of Tears National Historic (4) Review agenda. Commission will meet on Friday, April Trail Advisory Council was established (5) Superintendent’s introduction of 10, 1998. The meeting will convene at pursuant to Pub. L. 100–192 guests and staff and review of 7:00PM in the St. John Valley Regional establishing the Trail of Tears National Commission function and purpose. Vocational Technical Center, in Historic Trail to advise the National (6) Superintendent’s management/ Frenchville, Aroostook County, Maine. Park Service on such issues as research reports. The Maine Acadian Culture preservation of trail routes and features, a. Administration and management. Preservation Commission was public use, standards for posting and b. Park operations. appointed by the Secretary of the maintaining trail markers, as well as c. Resource management. Interior pursuant to the Maine Acadian administrative matters. d. Subsistence program. Culture Preservation Act (Pub. L. 101– The matters to be discussed include: (7) Public and agency comments. 543). The purpose of the Commission is —Plan Implementation Status (8) Old business. to advise the National Park Service with —Trail Association Status a. Correspondence. respect to: —Cooperative Agreements Negotiation b. Subsistence Management Plan work * The development and —Trail Route session. implementation of an interpretive The meeting will be open to the c. Review traditional use area program of Acadian culture in the state public. However, facilities and space for analysis. of Maine; accommodating members of the public Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14137 are limited, and persons will be of twelve major chants still performed A detailed assessment of the human accommodated on a first-come, first- in the Navajo Nation. Bundles for these remains was made by Plimoth served basis. Any member of the public Ways should only be in the possession Plantation professional staff in may file a written statement concerning of a qualified Hataalii (chanter, singer, consultation with representatives of the the matters to be discussed with David or medicine person) capable of Wampanoag Confederation on behalf of Gaines, Superintendent. understanding the jish. In Navajo the Gay Head Tribe of Wampanoag Persons wishing further information tradition, jish is only cared for or Indians, a Federally-recognized Indian concerning this meeting, or who wish to possess by a human being, it is not tribe; and the Mashpee Wampanoag, the submit written statements may contact ‘‘property’’ capable of being ‘‘owned’’ in Assonet Wampanoag, two Indian David Gaines, Superintendent, Long the Western meanings of the words. groups. Distance Trails Group Office—Santa Fe, Officials of the Arizona State Museum Between 1936 and 1945, human National Park Service, P.O. Box 728, have determined that, pursuant to 43 remains representing one individual Santa Fe, New Mexico 87504–0728, CFR 10.2 (d)(4), these 16 cultural items were recovered from the Brown site on telephone 505/988–6888. Minutes of the have ongoing historical, traditional, and the Eel River in Plymouth, MA as part meeting will be available for public cultural importance central to the tribe of an amateur excavation/surface inspection at the office of the itself, and could not have been collection by Harry Hornblower II. In Superintendent, located in Room 205, alienated, appropriated, or conveyed by 1987, Mr. Hornblower’s estate donated Pinon Building, 1220 South St. Francis any individual. Officials of the Arizona his collections from the Brown site to Drive, Santa Fe, New Mexico. State Museum have also determined Plimoth Plantation. No known Dated: March 12, 1998. that, pursuant to 43 CFR 10.2 (e), there individual was identified. No associated David M. Gaines, is a relationship of shared group funerary objects are present. identity which can be reasonably traced Superintendent. Historical documents from the 17th between these items and the Navajo [FR Doc. 98–7600 Filed 3–23–98; 8:45 am] and early 18th centuries [including the Nation. BILLING CODE 4310±70±P 1606 Champlain Map of Port St. Louis This notice has been sent to officials (Plymouth)] indicate the Brown site is of the Navajo Nation. Representatives of located within Wampanoag historic DEPARTMENT OF THE INTERIOR any other Indian tribe that believes itself homelands and corresponds to to be culturally affiliated with these Wampanoag settlements along the Eel National Park Service objects should contact Dr. Gwinn River during this period. Cultural Vivian, Acting Repatriation Coordinator, Notice of Intent to Repatriate Cultural material recovered at this site, including Arizona State Museum, University of Items from New Mexico in the ceramics, points, and a gun flint Arizona, Tucson, AZ 85721; telephone Possession of the Arizona State indicate continuous occupation from (520) 621–4500 before April 23, 1998. Museum, The University of Arizona, the late Woodland into the early contact Repatriation of these objects to the Tucson, AZ period. Archeological and ethnographic Navajo Nation may begin after that date sources further indicate continuities of AGENCY: National Park Service if no additional claimants come material culture and language between ACTION: Notice forward. 17th century Wampanoag of the Eel Dated: March 18, 1998. River area and tribe and communities Notice is hereby given under the Veletta Canouts, represented by the Wampanoag Native American Graves Protection and Acting Departmental Consulting Confederation. Repatriation Act, 43 CFR 10.10 (a)(3), of Archeologist, the intent to repatriate cultural items in Based on the above mentioned Deputy Manager, Archeology and information, officials of Plimoth the possession of the Arizona State Ethnography Program. Museum which meet the definition of Plantation, Inc. have determined that, [FR Doc. 98–7581 Filed 3–23–98; 8:45 am] pursuant to 43 CFR 10.2 (d)(1), the ‘‘object of cultural patrimony’’ under BILLING CODE 4310±70±F Section 2 of the Act. human remains listed above represent The cultural items are: four carved the physical remains of one individual of Native American ancestry. Officials of wooden birds, four wooden snakes, four DEPARTMENT OF THE INTERIOR wooden god heads, four unpainted Plimoth Plantation, Inc. have also wooden rods, and a ceremonial screen. National Park Service determined that, pursuant to 43 CFR Together, these items are collectively 10.2 (e), there is a relationship of shared referred to as Na’at’oye jish, Lightning Notice of Inventory Completion for group identity which can be reasonably Way paraphernalia. Native American Human Remains from traced between these Native American In 1927 or 1928, these items were Plymouth, MA in the Possession of human remains and the Wampanoag removed from a cave in the Lukachukai Plimoth Plantation, Inc., Plymouth, MA Confederation. Mountains by John Hands during This notice has been sent to officials AGENCY: University of Arizona summer National Park Service of the Wampanoag Confederation. expedition surveys of the Vandal Cave ACTION: Notice Representatives of any other Indian tribe area of the Lukachukai Mountains under that believes itself to be culturally the direction of Byron Cummings of the Notice is hereby given in accordance affiliated with these human remains Arizona State Museum/Department of with provisions of the Native American should contact Karin Goldstein, Curator Archeology. In 1931, John Hands Graves Protection and Repatriation Act of Original Collections, Plimoth donated this Lightning Way jish to the (NAGPRA), 43 CFR 10.9, of the Plantation, P.O. Box 1620, Plymouth, Arizona State Museum. completion of an inventory of human MA 02362; telephone: (508) 746–1622, Consultation evidence presented by remains from Plymouth, MA in the ext. 379, before April 23, 1998. representatives of the Navajo Nation possession of the Plimoth Plantation, Repatriation of the human remains to indicate that the Lightning Way is one Inc., Plymouth, MA. the Wampanoag Confederation may 14138 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices begin after that date if no additional cultural item is a specific ceremonial understood, and the impact of collection claimants come forward. object needed by traditional Native requirements on respondents can be Dated: March 18, 1998. American religious leaders for the properly assessed. Currently, the practice of traditional Native American Employment and Training Veletta Canouts, religions by their present-day adherents. Administration is soliciting comments Acting Departmental Consulting Officials of the Robert S. Peabody concerning the proposed extension of Archeologist, Museum have determined that, the Standardized Participant Deputy Manager, Archeology and pursuant to 43 CFR 10.2 (d)(4), this Information Reporting system (SPIR). A Ethnography Program. cultural item has ongoing historical, copy of the proposed information [FR Doc. 98–7580 Filed 3–23–98; 8:45 am] traditional, and cultural importance collection request (ICR) may be obtained BILLING CODE 4310±70±F central to the culture itself, and could by contacting the addressee listed not have been alienated, appropriated, below. or conveyed by any individual. Officials DATES: Written comments must be DEPARTMENT OF THE INTERIOR of the Robert S. Peabody Museum have submitted to the office listed in the also determined that, pursuant to 43 addressee section below on or before National Park Service CFR 10.2 (e), there is a relationship of May 26, 1998. shared group identity which can be The Department of Labor is Notice of Intent to Repatriate a Cultural reasonably traced between this item and particularly interested in comments Item in the Possession of the Robert S. the Pueblo of Jemez. which: Peabody Museum of Archaeology, This notice has been sent to officials • Evaluate whether the proposed Phillips Academy, Andover, MA of the Pueblo of Jemez. Representatives collection of information is necessary of any other Indian tribe that believes AGENCY: National Park Service for the proper performance of the itself to be culturally affiliated with this functions of the agency, including ACTION: Notice object should contact James W. Bradley, whether the information will have Notice is hereby given under the Director, Robert S. Peabody Museum of practical utility; • Native American Graves Protection and Archaeology, Phillips Academy, Evaluate the accuracy of the Repatriation Act, 43 CFR 10.10 (a)(3), of Andover, MA 01810, telephone (978) agency’s estimate of the burden of the the intent to repatriate a cultural item in 749–4490 before April 23, 1998. proposed collection of information, the possession of the Robert S. Peabody Repatriation of this object to the Pueblo including the validity of the Museum of Archaeology, Phillips of Jemez may begin after that date if no methodology and assumptions used; • Academy which meets the definition of additional claimants come forward. Enhance the quality, utility, and ‘‘sacred object’’ and ‘‘object of cultural Dated: March 16, 1998. clarity of the information to be patrimony’’ under Section 2 of the Act. collected; and • The item is a clan mask made of Francis P. McManamon, Minimize the burden of the buffalo hide, including an arm Departmental Consulting Archeologist, collection of information on those who decoration with tin tinklers. Manager, Archeology and Ethnography are to respond, including through the In November of 1938, this clan mask Program. use of appropriate automated, was bought from a member of the [FR Doc. 98–7503 Filed 3–23–98 ; 8:45 am] electronic, mechanical, or other Pueblo of Jemez through Frank C. BILLING CODE 4310±70±F technological collection techniques or Hibben and E.F. Goad of the University other forms of information technology, of New Mexico on behalf of Douglas S. (e.g., permitting electronic submissions Byers, Director of the Robert S. Peabody DEPARTMENT OF LABOR of responses). Museum. ADDRESSES: Anna Goddard, Director, The cultural affiliation of this clan Employment and Training Office of National Programs, mask with the Pueblo of Jemez is clear. Administration Employment and Training The mask is known by the religious Administration, U.S. Department of leaders of the Pueblo of Jemez, and JTPA Section 402 Migrant and Labor, Room N–4641, 200 Constitution museum documentation indicates it is Seasonal Farmworker Standardized Avenue, NW, Washington, DC 20210. from the Pueblo of Jemez. Museum Participant Information Reporting Telephone: (202) 219–5500 (VOICE) documentation further indicates that the (SPIR) System; Comment Request (this is not a toll-free number) or Museum staff were aware at the time of ACTION: Notice. INTERNET: [email protected] acquisition this mask’s importance to SUPPLEMENTARY INFORMATION: the clan it originated from and of its SUMMARY: The Department of Labor, as active role in the religious life of the part of its continuing effort to reduce I. Background community. Consultation evidence paperwork and respondent burden The Employment and Training presented by representative of the conducts a pre-clearance consultation Administration of the Department of Pueblo of Jemez indicates it is needed program to provide the general public Labor is seeking an extension of its by traditional religious leaders for the and Federal agencies with an approved JTPA, Title IV, Section 402 practice of traditional Native American opportunity to comment on proposed Migrant and Seasonal Farmworker religion by present-day adherents. and/or continuing collections of Standardized Participant Information Further, representatives of the Pueblo of information in accordance with the Reporting (SPIR) system for a period of Jemez have stated that this mask was Paperwork Reduction Act of 1995 three program years (July 1, 1998 to June not and is not an object which can be (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 30, 2001). This decision stems from alientated by any individual. program helps to ensure that requested favorable experience during both the Based on the above-mentioned data can be provided in the desired pilot test year (ending June 30, 1995 information, officials of the Robert S. format, reporting burden (time and with 19 grantees participating) and two Peabody Museum have determined that, financial resources) is minimized, consecutive program years (ending June pursuant to 43 CFR 10.2 (d)(3), this collection instruments are clearly 30, 1997). DOL is currently reviewing Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14139 the performance standards and program year. If the grantee has a fully OSHA will consult with ACCSH reporting system for this program in an developed MIS, the response time is regarding any construction-specific effort to enhance program accountability limited to one-time programming plus considerations raised by a proposed and improve reporting. As a result, processing time for each response. All standard on employer responsibility to future changes to the reporting format efforts are being directed towards this pay for personal protective equipment. and instructions may be necessary. end, so that response time for reporting DATES: Meetings will be held on April However, for the purpose of this will eventually sift down to an 8th and 9th, 1998 as described further approval, only minor modifications irreducible minimum with little human in the body of this document. have been made in reporting due to intervention. Currently, it is estimated FOR FURTHER INFORMATION CONTACT: cross-program changes in the Federal at 3.6 hours per response. Theresa Berry, Office of Public Affairs, Estimated Total Burden Hours: 954 Register Notice to the definition of Room N–3647, Telephone 202–219– hours. (53 respondents times 5 Race/Ethnicity and all references from 8615 Ext. 106, at the Occupational submissions times 3.6 hours each = 954 AFDC to TANF. Safety and Health Administration, 200 total hours) II. Current Actions Total Burden Cost (capital/startup): Constitution Avenue, NW., Washington, DC, 20210. The proposed ICR will be a No additional Burden Cost for capital/ continuation of an existing system startup as all grantees are currently SUPPLEMENTARY INFORMATION: ACCSH currently in place and used by all reporting using the SPIR. was established under section 107(e)(1) Section 402 grantees as the primary Total Burden Cost (operating/ of the Contract Work Hours and Safety reporting vehicle for individuals maintaining): DOL’s estimated annual Standards Act (40 U.S.C. 333) and enrolled and terminated from the burden cost for maintaining a section 7(b) of the Occupational Safety program, their demographic centralized SPIR database system for and Health Act of 1970 (29 U.S.C. 656). characteristics, training and services JTPA Title IV–B programs is $265,000 An official record of the meeting will be provided and outcomes including job (53 grantees times $5,000). The cost for available for public inspection at the placement and employability programs who maintain and operate OSHA Docket Office, Room N–2625, enhancements. This is a request for an their own data systems will vary widely Telephone 202–219–7894. All ACCSH extension of an existing collection from among grantees, from nearly no meetings and those of its workgroups a previously approved ICR. additional cost to some higher figure are open to the public. Individuals with Type of Review: Extension. depending on the state of automation disabilities requiring appropriate Agency: Employment & Training attained by each grantee. However, the accommodations should contact Administration. majority of grantees use DOL’s statistical Theresa Berry no later than April 3 at Title: Standardized Participant support contractor SPR Associates for the address above. Information Reporting system for the data management. Therefore, there is no ACCSH will meet on Wednesday, JTPA Section 402 Migrant and Seasonal extra burden cost to grantees unless they April 8 from 9 a.m. to 4:30 p.m., and on Farmworker Programs OMB Number: purchase new automated equipment. Thursday, April 9 from 9 a.m. to 1:00 1205–0350. Comments submitted in response to p.m. in Room N–3437 B, C and D. The Recordkeeping: Grantees shall retain this comment request will be following items will be discussed at the supporting and other documents summarized and/or included in the meeting. On April 8, ACCSH and OSHA necessary for the compilation and request for Office of Management and will discuss: submission of the SPIR for three Budget approval of the information • A proposed standard regarding consecutive years. collection request; they will also employer responsibility to pay for Affected Public: Not-for-profit become a matter of public record. personal protective equipment; • An historical overview of activities organizations. Dated: March 18, 1998. Cite/Reference/Form/etc: The of previous ACCSH Work Groups, Anna Goddard, collection instrument is the including Training, Safety and Health Standardized Participant Information Director, Office of National Programs. Programs, Women in Construction, Record (SPIR) and Instructions. A SPIR [FR Doc. 98–7624 Filed 3–23–98; 8:45 am] Washing Facilities, Confined Space Form is provided for optional use in BILLING CODE 4510±30±M Entry, Scaffolding, and Sanitation and gathering information at the grantee Decontamination; field office level. The SPIR itself is a • OSHA rulemaking activities DEPARTMENT OF LABOR computer file in a specified form which regarding the construction industry, is submitted by grantees via diskette, Occupational Safety and Health including Steel Erection (Subpart R), modem or INTERNET. Administration Fall Protection (Subpart M), and Total Respondents: 53. Respiratory Protection; and Frequency: Quarterly and One-Time Advisory Committee on Construction • OSHA Link—OSHA’s Computer Report. Safety and Health; Notice of Open Information System. Total Responses: 265 (53 times 5) Meeting On April 9, ACCSH and OSHA will (There are four quarterly submissions discuss: per year plus a fifth submission which AGENCY: Occupational Safety and Health • General activities of the Directorate includes the 13-week follow-up data Administration (OSHA), Labor. of Construction (DOC), including a obtained for individuals terminating in SUMMARY: Notice is hereby given that report on OSHA Special Emphasis the last quarter of the program year. the Advisory Committee on Programs in Construction, residential Average Time per Response: 3.6 Construction Safety and Health construction grants, construction additional burden hours. The average (ACCSH) will meet April 8–9, 1998, at industry statistics; time per response varies widely the Frances Perkins Department of • Special Recognition Programs for depending on the degree of automation Labor Building, 200 Constitution Construction. attained by individual grantees. Avenue, NW., Washington, DC. This Also on April 9, NIOSH will brief Grantees also vary according to the meeting is open to the public. Among ACCSH on its construction research numbers of individuals served in each items on the agenda at this meeting, projects. 14140 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Interested persons may submit written LEGAL SERVICES CORPORATION Corporation Board of Directors will data, views or comments, preferably meet on April 6, 1998. The meeting will with 20 copies, to Theresa Berry, at the Sunshine Act Meeting of the Board of begin at 9:00 a.m. and continue until address above. Those submissions Directors Operations and Regulations conclusion of the committee’s agenda. received prior to the meeting will be Committee LOCATION: Hyatt Regency Phoenix, 122 provided to ACCSH and will be TIME AND DATE: The Operations and N. Second Street, Phoenix, AZ 85004, included in the record of the meeting. Regulations Committee of the Legal (602) 252–1234. Interested persons may also request to Services Corporation Board of Directors STATUS OF MEETING: make an oral presentation by notifying Open. will meet on April 5, 1998. The meeting Theresa Berry before the meeting. The MATTERS TO BE CONSIDERED: will begin at 8:00 a.m. and continue request must state the amount of time 1. Approval of agenda. until the committee concludes its desired, the interest that the person 2. Approval of minutes of the Feb. 6, agenda. represents, and a brief outline of the 1998, committee meeting. presentation. ACCSH may grant LOCATION: Hyatt Regency Phoenix, 122 3. Report on current and proposed requests, as time permits, at the N. Second Street, Phoenix, AZ 85004, activities of the Office of Program discretion of the Chair of ACCSH. (602) 252–1234. Operations. STATUS OF MEETING: Open. 4. Presentation by LSC recipients Signed at Washington, DC this 18th day of about legal services delivery issues in March, 1998. MATTERS TO BE CONSIDERED: 1. Approval of agenda. the Southwest. Charles N. Jeffress, 5. Consider and act on other business. Assistant Secretary of Labor. 2. Approval of minutes of the committee’s meeting of Feb. 6, 1998. CONTACT PERSON FOR INFORMATION: [FR Doc. 98–7623 Filed 3–23–98; 8:45 am] 3. Consider and act on proposed Victor M. Fortuno, General Counsel and BILLING CODE 4510±26±P revisions to 45 CFR Part 1623, Secretary of the Corporation, at (202) Procedures for Suspension of Financial 336–8810. Assistance. SPECIAL NEEDS: Upon request, meeting LEGAL SERVICES CORPORATION 4. Consider and act on proposed notices will be made available in revisions to 45 CFR Part 1606, alternate formats to accommodate visual Sunshine Act Meeting of the Board of Termination and Debarment Procedures; and hearing impairments. Individuals Directors Finance Committee Recompetition. who have a disability and need an TIME AND DATE: The Finance Committee 5. Consider and act on proposed accommodation to attend the meeting of the Legal Services Corporation Board removal of 45 CFR Part 1625, Denial of may notify Jean Edwards at (202) 336– of Directors will meet on April 5, 1998. Refunding. 8811. The meeting will begin at 3:00 p.m. and 6. Consider public comment and act Dated: March 19, 1998. continue until conclusion of the on final rule 45 CFR Part 1644, Victor M. Fortuno, Disclosure of Case Information. committee’s agenda. General Counsel. 7. Consider and act on proposed rule LOCATION: Hyatt Regency Phoenix, 122 [FR Doc. 98–7730 Filed 3–20–98; 12:25 pm] N. Second Street, Phoenix, AZ 85004, 45 CFR Part 1641, Debarment, BILLING CODE 7050±01±P (602) 252–1234. Suspension and Removal of Recipient STATUS OF MEETING: Open. Auditors 8. Consider and act on other business. MATTERS TO BE CONSIDERED: LEGAL SERVICES CORPORATION 1. Approval of agenda. CONTACT PERSON FOR INFORMATION: 2. Approval of minutes of the Victor M. Fortuno, General Counsel and Sunshine Act Meeting of the Board of committee meeting of Feb. 6, 1998. Secretary of the Corporation, at (202) Directors 1997 Annual Performance 3. Review of consolidated operating 336–8810. Reviews Committee budget and expenses through Feb. 28, SPECIAL NEEDS: Upon request, meeting TIME AND DATE: The 1997 Annual 1998. notices will be made available in Performance Reviews Committee of the 4. Review the Finance Committee alternate formats to accommodate visual Legal Services Corporation Board of timetable for 1998. and hearing impairments. Individuals Directors will meet on April 6, 1998. 5. Public comment. who have a disability and need an The meeting will begin at 11:00 a.m. 6. Consider and act on other business. accommodation to attend the meeting and continue until conclusion of the CONTACT PERSON FOR INFORMATION: may notify Jean Edwards at (202) 336– committee’s agenda. Victor M. Fortuno, General Counsel and 8811. LOCATION: Hyatt Regency Phoenix, 122 Secretary of the Corporation, at (202) Dated: March 19, 1998. 336–8810. N. Second Street, Phoenix, AZ 85004, Victor M. Fortuno, (602) 252–1234. SPECIAL NEEDS: Upon request, meeting General Counsel. STATUS OF MEETING: Open. notices will be made available in [FR Doc. 98–7729 Filed 3–20–98; 12:25 p.m.] alternate formats to accommodate visual MATTERS TO BE CONSIDERED: BILLING CODE 7050±01±P and hearing impairments. Individuals 1. Approval of agenda. who have a disability and need an 2. Approval of the minutes of the committee’s meeting of Feb. 6, 1998. accommodation to attend the meeting LEGAL SERVICES CORPORATION may notify Jean Edwards at (202) 336– 3. Continue and complete the 8811. Sunshine Act Meeting of the Board of committee’s performance appraisal of the President of the Corporation. Dated: March 19, 1998. Directors Committee on Provision for the Delivery of Legal Services 4. Continue and complete the Victor M. Fortuno, committee’s performance appraisal of General Counsel. TIME AND DATE: The Committee on the Inspector General of the [FR Doc. 98–7728 Filed 3–20–98; 12:25 pm] Provision for the Delivery of Legal Corporation. BILLING CODE 7050±01±P Services of the Legal Services 5. Consider and act on other business. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14141

CONTACT PERSON FOR INFORMATION: 8. Consider and act on the report of Kathleen Dal Bon, Patent Counsel, Ames Victor M. Fortuno, General Counsel and the Board’s Finance Committee. Research Center, Mail Code 202A–3, Secretary of the Corporation, at (202) 9. Consider and act on the report of Moffett Field, CA 94035; telephone 336–8810. the Board’s Provision for the Delivery of (650) 604–0887, fax (650) 604–1592. SPECIAL NEEDS: Upon request, meeting Legal Services Committee. NASA Case No. ARC–14206–1SB: notices will be made available in 10. Consider and act on the report of Method And Apparatus for Assessing alternate formats to accommodate visual the Board’s 1997 Annual Performance the Visibility of Differences Between and hearing impairments. Individuals Reviews Committee. Two Image Sequences; who have a disability and need an 11. Inspector General’s Report. NASA Case No. ARC–14189–1SB: accommodation to attend the meeting Closed Session Surface Imaging Skin Friction may notify Jean Edwards at (202) 336– Instrument; 1 8811. 12. Briefing by the Inspector General NASA Case No. ARC–14205–1SB: on the activities of the OIG. Automated Traffic Management System Dated: March 19, 1998. 13. Consider and act on the General Victor M. Fortuno, and Method; Counsel’s report on potential and NASA Case No. ARC–14120–1GE: General Counsel. pending litigation involving the Chemical Vapor Deposition for Thin [FR Doc. 98–7731 Filed 3–20–98; 12:25 pm] Corporation. Films for Waterproofing; BILLING CODE 7050±01±P Open Session NASA Case No. ARC–12070–1GE: Aerogel-Loaded Tile Composite 14. Public comment. Material; LEGAL SERVICES CORPORATION 15. Consider and act on other NASA Case No. ARC–14231–1GE: business. Multimodality Instrument for Tissue Sunshine Act Meeting of the Board of CONTACT PERSON FOR INFORMATION: Directors Characterization; Victor M. Fortuno, General Counsel and NASA Case No. ARC–14176–1LE: TIME AND DATE: The Board of Directors Secretary of the Corporation, at (202) Evaporative Cooling Membrane Device. 336–8810. of the Legal Services Corporation will Edward A. Frankle, meet on April 6, 1998. The meeting will SPECIAL NEEDS: Upon request, meeting General Counsel. begin at 1:00 p.m. and continue until notices will be made available in conclusion of the Board’s agenda. alternate formats to accommodate visual [FR Doc. 98–7507 Filed 3–23–98; 8:45 am] BILLING CODE 7510±01±M LOCATION: Hyatt Regency Phoenix, 122 and hearing impairments. Individuals North Second Street, Phoenix, AZ who have a disability and need an 85004, (602) 252–1234. accommodation to attend the meeting NATIONAL ARCHIVES AND RECORDS STATUS OF MEETING: Open, except that a may notify Jean Edwards at (202) 336– ADMINISTRATION portion of the meeting may be closed 8811. pursuant to a unanimous vote of the Dated: March 19, 1998. Electronic Records Work Group; Board of Directors to hold an executive Victor M. Fortuno, Notice of Meeting session. At the closed session, the General Counsel. Corporation’s General Counsel will AGENCY: National Archives and Records [FR Doc. 98–7732 Filed 3–20–98; 12:25 pm] report to the Board on litigation to Administration (NARA). BILLING CODE 7050±01±P which the Corporation is or may become ACTION: Notice of meeting. a party, and the Board may act on the matters reported. The closing is SUMMARY: NARA will hold a public authorized by the relevant provisions of NATIONAL AERONAUTICS AND meeting of the Electronic Records Work the Government in the Sunshine Act [5 SPACE ADMINISTRATION Group with its external consultants on U.S.C. 552b(c) (10)] and the [Docket No. 98±042] April 7, 1998, to discuss the preliminary corresponding provisions of the Legal options for replacing NARA’s General Services Corporation’s implementing Government-Owned Inventions, Records Schedule (GRS) 20 for regulation [45 CFR § 1622.5(h)]. A copy Available for Licensing Electronic Records, and the comments of the General Counsel’s Certification received on the options paper. Members AGENCY: National Aeronautics and that the closing is authorized by law of the public are invited to observe the Space Administration. will be available upon request. meeting. If time permits, the Work ACTION: Notice of availability of MATTERS TO BE CONSIDERED: Group will accept questions and inventions for licensing. comments from observers at the end of Open Session SUMMARY: The inventions listed below the day. The Electronic Records Work 1. Approval of agenda. are assigned to the National Aeronautics Group, with members drawn from 2. Approval of minutes of the Board’s and Space Administration, have been NARA and other Federal agencies, has meeting of Feb. 7, 1998. filed in the United States Patent and been charged with identifying workable 3. Approval of minutes of the Board’s alternatives to the disposition practices executive session of Feb. 7, 1998. Trademark Office, and are available for licensing. currently authorized under GRS 20. 4. Chairman’s and Members’ Reports. Additional information about the DATES: March 24, 1998. 5. President’s Report. Electronic Records Work Group is 6. Remarks by elected officials and FOR FURTHER INFORMATION CONTACT: available on NARA’s GRS 20 Internet special guests. Web page at . the Board’s Operations and Regulations solely of staff briefings does not fall within the Committee. Sunshine Act’s definition of the term ‘‘meeting’’ DATES: The meeting will be held on and, therefore, the requirements of the Sunshine April 7, 1998, from 9 a.m. to 5 p.m. a. Consider and act on final rule, 45 Act do not apply to any such portion of the closed CFR Part 1644, Disclosure of Case session. 5 U.S.C. 552(b)(a)(2) and (b). See also 45 ADDRESSES: The meeting will be held in Information. CFR §§ 1622.2 & 1622.3. the Auditorium of the Office of Thrift 14142 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Supervision, 17th and G Streets, NW, FOR FURTHER INFORMATION CONTACT: Auditorium of the NH Historical Society Washington, DC. Persons wishing to Joyce A. Jatko or Nadene G. Kennedy at at 30 Park Street, Concord, New attend the meeting should enter the the above address or (703) 306–1030. Hampshire (exit 14 off Interstate 93). building through the East Lobby DESCRIPTION OF PERMIT MODIFICATION FOR FURTHER INFORMATION CONTACT: entrance on 17th Street, and must be REQUESTED: On September 29, 1994, the Daniel Smith, Executive Director, prepared to show a photo identification. National Science Foundation issued a Northeast Dairy Compact Commission, The closest METRO station is Farragut permit (95WM1–NSFA/ASA) to the U.S. 43 State Street, PO Box 1058, West, using the 17th Street exit. Naval Support Force, Antarctica (NSFA) Montpelier, VT 05601. Telephone (802) FOR FURTHER INFORMATION CONTACT: Lisa and Antarctic Support Associates (ASA) 229–1941. Haralampus at 301–713–6677, extension jointly, for waste management activities SUPPLEMENTARY INFORMATION: Notice is 266. at all U.S. Antarctic Program facilities in hereby given that the Northeast Dairy SUPPLEMENTARY INFORMATION: In the Antarctica. Significant changes in the Compact Commission will hold its March 19, 1998, Federal Register (63 FR United States Antarctic Program (USAP) regularly scheduled monthly meeting. 13436) NARA published a notice of are in progress which make The Commission will consider availability of the options paper for modification of the permit necessary. administration matters and issues comment and asked for public comment Specifically, one of the permit holders, relating to milk production in the by March 31, 1998. At the public NSFA, is being disestablished and will Compact region and supplied to the meeting on April 7, 1998, the members no longer be a participant in the USAP. Compact region. of the Electronic Records Work Group The functions performed by NSFA are being redistributed among ASA, the Air (Authority: (a) Article V, Section 11 of the will discuss the comments and issues Northeast Interstate Dairy Compact, and all raised on the options paper with National Guard (ANG) and other applicable Articles and Sections, as consultants to the Work Group who are SPAWARSYSCEN Aviation Technical approved by Section 147, of the Federal experts having experience with Services (ATS). As part of the transition, Agriculture Improvement and Reform Act governmental and private sector ASA will become the sole entity (FAIR ACT), Pub. L. 104–127, and as thereby electronic records. NARA intends to responsible for shipment, inventory set forth in S.J. Res. 28(1)(b) of the 104th hold additional public meetings on management, and issue of Antarctic Congress; Finding of Compelling Public alternatives for scheduling electronic Conservation Act (ACA) designated Interest by United States Department of records that are developed as a result of pollutants. In this capacity, ASA will be Agriculture Secretary Dan Glickman, August able to meet the regulatory requirements 8, 1996 and March 20, 1997. (b) Bylaws of the options paper. the Northeast Dairy Compact Commission, Dated: March 20, 1998. of 45 CFR 671 to identify the types and adopted November 21, 1996.) volumes of designated pollutants and to Michael Miller, Daniel Smith, designate the nature and timing of the Director, Modern Records Programs. use of these designated pollutants for all Executive Director. [FR Doc. 98–7715 Filed 3–23–98; 8:45 am] operations in support of the USAP. [FR Doc. 98–7572 Filed 3–23–98; 8:45 am] BILLING CODE 7515±01±P Approval of the modification BILLING CODE 1650±01±P requested will still ensure that waste management and regulatory NATIONAL SCIENCE FOUNDATION requirements are met while providing a NUCLEAR REGULATORY streamlined approach to waste COMMISSION Notice of Permit Modification Request management. The duration of the Received Under the Antarctic requested modification is coincident [Docket Nos. 50±334 and 50±412] Conservation Act of 1978 with the current permit which expires Duquesne Light Company; Notice of AGENCY: National Science Foundation. on September 30, 1999. Consideration of Issuance of ACTION: Notice of permit modification Nadene G. Kennedy, Amendment to Facility Operating request received under the Antarctic Permit Officer. License, Proposed No Significant Conservation Act of 1978, Pub. L. 95– [FR Doc. 98–7622 Filed 3–23–98; 8:45 am] Hazards Consideration Determination, 541. BILLING CODE 7555±01±M and Opportunity for a Hearing SUMMARY: Notice is hereby given that The U.S. Nuclear Regulatory the National Science Foundation (NSF) Commission (the Commission) is has received a request to modify a NORTHEAST DAIRY COMPACT COMMISSION considering issuance of an amendment permit issued to conduct activities to Facility Operating License Nos. DPR– regulated under the Antarctic Meeting 66 and NPF–73, issued to Duquesne Conservation Act of 1978 (Pub. L. 95– Light Company, et al. (the licensee), for 541; Code of Federal Regulations Title AGENCY: Northeast Dairy Compact operation of the Beaver Valley Power 45, Part 670). Commission. Station, Unit Nos. 1 and 2 (BVPS–1 and DATES: Intested parties are invited to ACTION: Notice of meeting. BVPS–2) located in Beaver County, submit written data, comments, or Pennsylvania. views with respect to the permit SUMMARY: The Compact Commission The proposed amendment would add modification on or before April 23, will hold its monthly meeting to a new Limiting Condition for Operation 1998. The permit modification request consider matters relating to (LCO) 3.0.6 to technical specification may be inspected by interested parties administration and issues relating to the (TS) Section 3/4.0, ‘‘APPLICABILITY.’’ at the Permit Office, address below. price regulation. The new LCO 3.0.6 would provide ADDRESSES: Comments should be DATES: The meeting is scheduled for specific guidance for returning addressed to Permit Office, Room 755, March 31, 1998 commencing at 10:00 equipment to service under Office of Polar Programs, National a.m. to adjournment. administrative control for the sole Science Foundation, 4201 Wilson ADDRESSES: The meeting will be held at purpose of performing testing to Boulevard, Arlington, VA 22230. the Tuck Library Building, 1st Floor demonstrate OPERABILITY. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14143

The proposed amendment is 4, and 5 when the reactor trip system normal operational mode. The normal requested to be processed as an exigent breakers are in the closed position. The operation of plant equipment is not a TS change in accordance with 10 CFR action statement requires opening of the precursor to any accident. The purpose of 50.91(a)(6). Exigent processing is being reactor trip system breakers. TS 4.1.3.3 tests performed using this change is to requested for both BVPS–1 and BVPS– requires that at least once per 31 days, demonstrate that required automatic actions are carried out. Equipment will be operated 2. Both units are currently in cold certain control rods be moved at least 10 under administrative control for only a short shutdown (Mode 5) and cannot be steps in any one direction when the period of time. If it should be required, restarted until the proposed reactor coolant system pressure is personnel will be immediately available to amendments have been issued. greater than 400 psig. take appropriate manual action. Therefore, Action statements within the TSs If TS 4.1.3.3 has not been completed operation of equipment under this change is provide guidance for compensatory within the last 31 days due to an not expected to increase the probability or actions and other restrictions to be taken extended plant shutdown, plant startup consequences of an accident previously when the requirements of an LCO will not be possible since the ACTION evaluated. cannot be met. When equipment has statement of TS 3.1.3.3 will not permit 2. Does the change create the possibility of been out of service it is necessary to a new or different kind of accident from any closing of the reactor trip breakers to accident previously evaluated? demonstrate that it can perform its perform the necessary testing to The proposed testing allowance will not required function before it can be demonstrate equipment operability. change the physical plant or the modes of returned to an OPERABLE condition. Therefore, the application of TS 3.0.6 is plant operation defined in the operating Some action statements require that necessary in this situation to allow the license. The change does not involve the components be placed in a condition required testing of the group demand addition or modification of equipment nor which prohibits the functional testing position indicators to support plant does it alter the design or operation of plant necessary to return components and/or restart. BSPS–1 is in this condition at systems. Therefore, operation of the facility associated systems to OPERABLE status. the present time. in accordance with the proposed amendment In these cases, the proposed change It was only during an extensive will not create the possibility of a new or provides guidance for returning different kind of accident from any accident review of the TS surveillance previously evaluated. equipment to service for the sole requirements during the current outages 3. Does the change involve a significant purpose of demonstrating that the licensee recognized that the reduction in a margin of safety? OPERABILITY. Two examples are current TSs do not allow changing plant Equipment will be operated under provided below. conditions under administrative control administrative control for only a short period As a prudent measure, a decision was to permit testing necessary to of time. If it should be required, personnel made to repair all three BVPS–2 Power- demonstrate equipment operability. will be immediately available to take Operated Relief Valves (PORVs), 2RCS– When it was recognized that a TS appropriate manual action. The purpose of PCV455C, 455D, and 456, which were change was necessary to resolve this the testing is to restore required equipment leaking, prior to startup from the current to an OPERABLE state which increases the issue, a license amendment request was automatic protection available and reduces BVPS–2 outage. When the repair work prepared in a timely manner. was completed, a Temporary Operating the reliance on the compensatory measures Before issuance of the proposed provided by ACTION statements. Therefore, Procedure (TOP) was written to ensure license amendment, the Commission the proposed changes do not involve a all administrative controls would be in will have made findings required by the significant reduction in a margin of safety. place before pressurizing the plant for a Atomic Energy Act of 1954, as amended The NRC staff has reviewed the post maintenance test. For this test, the (the Act) and the Commission’s licensee’s analysis and, based on this PORVs must have pressure in order to regulations. be stroke tested. During the review of Pursuant to 10 CFR 50.91(a)(6) for review, it appears that the three the TOP, the Onsite Safety Committee amendments to be granted under standards of 10 CFR 50.92(c) are (OSC) identified that TS 3.0.1 did not exigent circumstances, the NRC staff satisfied. Therefore, the NRC staff allow the Reactor Coolant System (RCS) must determine that the amendment proposes to determine that the to be repressurized with all three PORVs request involves no significant hazards amendment request involves no inoperable (i.e., without normal consideration. Under the Commission’s significant hazards consideration. overpressure protection system regulations in 10 CFR 50.92, this means The Commission is seeking public operable). The current TS creates a that operation of the facility in comments on this proposed dilemma in that BVPS–2 cannot be accordance with the proposed determination. Any comments received pressurized without the PORVs operable amendment would not (1) involve a within 14 days after the date of and the PORVs cannot be tested to significant increase in the probability or publication of this notice will be demonstrate operability without consequences of an accident previously considered in making any final pressurizing the plant. The current TS evaluated; or (2) create the possibility of determination. (unlike the Improved Standard a new or different kind of accident from Normally, the Commission will not Technical Specifications of NUREG– any accident previously evaluated; or issue the amendment until the 1431, Revision 1) does not allow (3) involve a significant reduction in a expiration of the 14-day notice period. changing plant conditions under margin of safety. As required by 10 CFR However, should circumstances change administrative control to support 50.91(a), the licensee has provided its during the notice period, such that returning equipment to service. analysis of the issue of no significant failure to act in a timely way would A second example of this problem hazards consideration, which is result, for example, in derating or with TS 3.0.1 is TS 3.1.3.3, ‘‘Position presented below: shutdown of the facility, the Indication System—Shutdown.’’ TS Commission may issue the license 3.1.3.3 requires that the group demand 1. Does the change involve a significant amendment before the expiration of the position indicators be OPERABLE and increase in the probability or consequences 14-day notice period, provided that its ± of an accident previously evaluated? capable of determining within 2 steps, The proposed change does not affect the final determination is that the the demand position for each shutdown operation or design of the plant in any way. amendment involves no significant or control rod not fully inserted. This Operation of plant equipment under this hazards consideration. The final specification is applicable in MODES 3, change will not differ in any way from its determination will consider all public 14144 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices and State comments received. Should with particular reference to the significant hazards consideration. If a the Commission take this action, it will following factors: (1) The nature of the hearing is requested, the final publish in the Federal Register a notice petitioner’s right under the Act to be determination will serve to decide when of issuance. The Commission expects made a party to the proceeding; (2) the the hearing is held. that the need to take this action will nature and extent of the petitioner’s If the final determination is that the occur very infrequently. property, financial, or other interest in amendment request involves no Written comments may be submitted the proceeding; and (3) the possible significant hazards consideration, the by mail to the Chief, Rules and effect of any order which may be Commission may issue the amendment Directives Branch, Division of entered in the proceeding on the and make it immediately effective, Administrative Services, Office of petitioner’s interest. The petition should notwithstanding the request for a Administration, U.S. Nuclear Regulatory also identify the specific aspect(s) of the hearing. Any hearing held would take Commission, Washington, DC 20555– subject matter of the proceeding as to place after issuance of the amendment. 0001, and should cite the publication which petitioner wishes to intervene. date and page number of this Federal Any person who has filed a petition for If the final determination is that the Register notice. Written comments may leave to intervene or who has been amendment request involves a also be delivered to Room 6D59, Two admitted as a party may amend the significant hazards consideration, any White Flint North, 11545 Rockville petition without requesting leave of the hearing held would take place before Pike, Rockville, Maryland, from 7:30 Board up to 15 days prior to the first the issuance of any amendment. a.m. to 4:15 p.m. Federal workdays. prehearing conference scheduled in the A request for a hearing or a petition Copies of written comments received proceeding, but such an amended for leave to intervene must be filed with may be examined at the NRC Public petition must satisfy the specificity the Secretary of the Commission, U.S. Document Room, the Gelman Building, requirements described above. Nuclear Regulatory Commission, 2120 L Street, NW., Washington, DC. Not later than 15 days prior to the first Washington, DC 20555–0001, Attention: The filing of requests for hearing and prehearing conference scheduled in the Rulemakings and Adjudications Staff, petitions for leave to intervene is proceeding, a petitioner shall file a may be delivered to the Commission’s discussed below. supplement to the petition to intervene Public Document Room, the Gelman By April 23, 1998, the licensee may which must include a list of the Building, 2120 L Street, NW., file a request for a hearing with respect contentions which are sought to be Washington, DC, by the above date. A to issuance of the amendment to the litigated in the matter. Each contention copy of the petition should also be sent subject facility operating license and must consist of a specific statement of to the Office of the General Counsel, any person whose interest may be the issue of law or fact to be raised or U.S. Nuclear Regulatory Commission, affected by this proceeding and who controverted. In addition, the petitioner Washington, DC 20555–0001, and to Jay wishes to participate as a party in the shall provide a brief explanation of the E. Silberg, Esquire, Shaw, Pittman, Potts proceeding must file a written request bases of the contention and a concise & Trowbridge, 2300 N Street, NW., for a hearing and a petition for leave to statement of the alleged facts or expert Washington, DC 20037, attorney for the intervene. Requests for a hearing and a opinion which support the contention licensee. petition for leave to intervene shall be and on which the petitioner intends to filed in accordance with the rely in proving the contention at the Nontimely filings of petitions for Commission’s ‘‘Rules of Practice for hearing. The petitioner must also leave to intervene, amended petitions, Domestic Licensing Proceedings’’ in 10 provide references to those specific supplemental petitions and/or requests CFR Part 2. Interested persons should sources and documents of which the for hearing will not be entertained consult a current copy of 10 CFR 2.714 petitioner is aware and on which the absent a determination by the which is available at the Commission’s petitioner intends to rely to establish Commission, the presiding officer or the Public Document Room, the Gelman those facts or expert opinion. Petitioner presiding Atomic Safety and Licensing Building, 2120 L Street, NW., must provide sufficient information to Board that the petition and/or request Washington, DC, and at the local public show that a genuine dispute exists with should be granted based upon a document room located at the B. F. the applicant on a material issue of law balancing of the factors specified in 10 Jones Memorial Library, 663 Franklin or fact. Contentions shall be limited to CFR 2.714(a)(1)(i)–(v) and 2.714(d). Avenue, Aliquippa, Pennsylvania matters within the scope of the For further details with respect to this 15001. If a request for a hearing or amendment under consideration. The action, see the application for petition for leave to intervene is filed by contention must be one which, if amendment dated March 16, 1998, the above date, the Commission or an proven, would entitle the petitioner to which is available for public inspection Atomic Safety and Licensing Board, relief. A petitioner who fails to file such at the Commission’s Public Document designated by the Commission or by the a supplement which satisfies these Room, the Gelman Building, 2120 L Chairman of the Atomic Safety and requirements with respect to at least one Street, NW., Washington, DC, and at the Licensing Board Panel, will rule on the contention will not be permitted to local public document room, located at request and/or petition; and the participate as a party. the B. F. Jones Memorial Library, 663 Secretary or the designated Atomic Those permitted to intervene become Franklin Avenue, Aliquippa, Safety and Licensing Board will issue a parties to the proceeding, subject to any Pennsylvania 15001. notice of hearing or an appropriate limitations in the order granting leave to order. intervene, and have the opportunity to Dated at Rockville, Maryland, this 18th day As required by 10 CFR 2.714, a participate fully in the conduct of the of March 1998. petition for leave to intervene shall set hearing, including the opportunity to For the Nuclear Regulatory Commission. forth with particularity the interest of present evidence and cross-examine Donald S. Brinkman, the petitioner in the proceeding, and witnesses. Senior Project Manager, Project Directorate how that interest may be affected by the If the amendment is issued before the I–2, Division of Reactor Projects—I/II, Office results of the proceeding. The petition expiration of the 30-day hearing period, of Nuclear Reactor Regulation. should specifically explain the reasons the Commission will make a final [FR Doc. 98–7651 Filed 3–23–98; 8:45 am] why intervention should be permitted determination on the issue of no BILLING CODE 7590±01±P Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14145

NUCLEAR REGULATORY notice. To verify the status of meetings Commission (‘‘SEC’’ or ‘‘Commission’’) COMMISSION call (Recording)—(301) 415–1292. the proposed rule change as described Contact person for more information: in Items I, II, and III below, which Items Sunshine Act Meeting Bill Hill (301) 415–1661. have been prepared by the Amex. The Commission is publishing this notice to AGENCY HOLDING THE MEETING: Nuclear The NRC Commission Meeting Regulatory Commission. Schedule can be found on the Internet solicit comments on the proposed rule change from interested persons. DATES: Weeks of March 23, 30, April 6, at: and 13, 1998. http://www.nrc.gov/SECY/smj/ I. Self-Regulatory Organizations PLACE: Commissioners’ Conference schedule.htm Statement of the Terms of Substance of Room, 11555 Rockville Pike, Rockville, This notice is distributed by mail to the Proposed Rule Change Maryland. several hundred subscribers; if you no The text of the proposed rule change STATUS: Public and Closed. longer wish to receive it, or would like is available at the Office of the to be added to it, please contact the MATTERS TO BE CONSIDERED: Secretary, the Amex and at the Office of the Secretary, Attn: Operations Commission. Week of March 23 Branch, Washington, D.C. 20555 (301– II. Self-Regulatory Organization’s Monday, March 23 415–1661). In addition, distribution of this meeting notice over the Internet Statement of the Purpose of, and 2:30 p.m.—Briefing by Executive Branch system is available. If you are interested Statutory Basis for the Proposed Rule (Closed—Ex. 1) in receiving this Commission meeting Change Thursday, March 26 schedule electronically, please send an In its filing with the Commission, the electronic message to [email protected] or 11:00 a.m.—Briefing by Executive Amex included statements concerning [email protected]. Branch (Closed—Ex. 1) the purpose of and basis for the 2:00 p.m.—Affirmation Session (Public William M. Hill, Jr., proposed rule change and discussed any Meeting) (if needed) SECY, Tracking Officer, Office of the comments it received on the proposed Secretary. rule change. The text of these statements Week of March 30—Tentative [FR Doc. 98–7806 Filed 3–20–98; 2:38pm] may be examined at the places specified Monday, March 30 BILLING CODE 7590±01±M in Item IV below. The Amex has prepared summaries, set forth in 2:00 p.m.—Briefing by Nuclear Waste Sections A, B, and C below, of the most Technical Review Board (NWTRB) significant aspects of such statements. (Public Meeting) SECURITIES AND EXCHANGE COMMISSION A. Self-Regulatory Organization’s Tuesday, March 31 [Release No. 34±39767; File No. SR±AMEX± Statement of the Purpose of, and 10:00 a.m.—Briefing on Fire Protection 97±30] Statutory Basis for, the Proposed Rule (Public Meeting) (Contact: Tad Change Marsh, 301–415–2873) Self-Regulatory Organizations; Notice 3:00 p.m.—Briefing by Organization of of Filing of Proposed Rule Change by 1. Purpose Agreement States and Status of The American Stock Exchange, Inc., i. Professional Hearing Officers IMPEP Program (Public Meeting) Relating to Professional Hearing Article V, Section 1(b) of the (Contact: Richard Bangart, 301– Officers, Executive Committee Review Exchange Constitution and the 415–3340) of Appeals From Disciplinary Panel Exchange’s Rules of Procedure Decisions and Indemnification of Thursday, April 2 Applicable to Exchange Disciplinary Persons Serving on Disciplinary Proceedings currently require the 1:00 p.m.—Meeting with Advisory Panels and Exchange Officials Exchange to draw members of Committee on Reactor Safeguard disciplinary panels exclusively from the (ACRS) (Public Meeting) (Contact: March 17, 1998. ranks of practicing securities industry John Larkins, 301–415–7360) Pursuant to Section 19(b)(1) of the 2:30 p.m.—Briefing on Improvements to Securities Exchange Act of 1934 professionals. These rules also generally the Senior Management Meeting (‘‘Act’’),1 notice is hereby given that on require the Chairmen of Disciplinary Process (Public Meeting) (Contact: August 11, 1997,2 the American Stock Panels to be Exchange Officials. The Bill Borchard, 301–415–1257) Exchange, Inc. (‘‘Amex’’ or ‘‘Exchange’’) current system for selecting Disciplinary filed with the Securities and Exchange Panels has worked well for many years, Friday, April 3 and Panel members have performed an 9:00 p.m.—Briefing on MOX Fuel 1 15 U.S.C. 78s(b)(1). invaluable service to the Exchange on a Fabrication Facility Licensing 2 On September 11, 1997, the Amex submitted an voluntary basis. (Public Meeting) (Contact: Ted amendment reflecting editorial corrections to the While the current system for Sherr, 301–415–7218) text of Exhibit A. See letter from William Floyd- constituting Disciplinary Panels has Jones, Jr., Assistant General Counsel, Legal & worked well, the Exchange has noted a 11:30 a.m.—Affirmation Session (Public Regulatory Policy Division, American Stock Meeting) Exchange, Inc., to Katherine A. England, Esq., trend toward increasing complexity in Assistant Director, Market Supervision, Division of the legal issues confronting Disciplinary Week of April 6—Tentative Market Regulation, SEC, dated September 11, 1997. Panels. Frequently, Panels face There are no meetings the week of On February 26, 1998, the Amex submitted an complicated legal questions that must amendment clarifying, among other things, April 6. perceived discrepancies in the disciplinary system, be resolved promptly to ensure the timely resolution of enforcement Week of April 13—Tentative recusal procedures, and vague terminology. See letter from Janice M. Stroughter, Director of matters. While the Exchange provides There are no meetings the week of Hearings and Special Counsel, Legal & Regulatory Disciplinary Panels with an assistant, April 13. Policy, American Stock Exchange, Inc., to Katherine England, Esq., Assistant Director, Market this staff person has a non-substantive * The schedule for Commission Supervision, SEC, dated February 25, 1998 role in enforcement proceedings and, meetings is subject to change on short (‘‘Amendment No. 2’’) therefore, is unable to fully participate 14146 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices with the Panel in evaluating important disciplinary decisions when such Commission and any person, other than legal, evidentiary and procedural review is deemed appropriate. those that may be withheld from the questions. public in accordance with the 2. Statutory Basis The Exchange, accordingly, is provisions of 5 U.S.C. 552, will be proposing to amend its Constitution and The proposed rule change is available for inspection and copying in Rules to provide for professional consistent with Section 6(b) 4 of the Act the Commission’s Public Reference hearing officers to serve as chairmen in general and furthers the objectives of Room. Copies of such filing will also be and voting members of Exchange Section 6(b)(7) 5 in particular, in that the available for inspection and copying at Disciplinary Panels.3 The remaining proposed rule change provides for a fair the principal office of the Amex. All members of Disciplinary Panels would procedure for the disciplining of submissions should refer to the file continue to be drawn from the ranks of Exchange members and persons number in the caption above and should practicing securities industry associated with its members. be submitted by April 14, 1998. professionals as currently provided for B. Self-Regulatory Organization’s For the Commission, by the Division of in the Exchange’s Constitution and Statement on Burden on Competition Market Regulation, pursuant to delegated Rules. authority.6 The Amex does not believe that the ii. Indemnification of Persons Serving Margaret H. McFarland, proposed rule change will impose any Deputy Secretary. on Disciplinary Panels and Exchange burden on competition not necessary or [FR Doc. 98–7517 Filed 3–23–98; 8:45 am] Officials appropriate in furtherance of the BILLING CODE 8010±01±M The Exchange has noted that the purposes of the Act. indemnification provision of the C. Self-Regulatory Organization’s Exchange’s Constitution does not Statement on Comments on the SECURITIES AND EXCHANGE specifically mention persons serving on Proposed rule Change Received From COMMISSION Disciplinary Panels and Exchange Members, Participants, or Others Officials. While the Exchange believes [Release No. 34±39766; International Series that there are sound arguments for Written comments were neither Release No. 1123; File No. SR±CBOE±97± 64] concluding that persons serving on solicited nor received with respect to Disciplinary Panels and Exchange the proposed rule change. Self-Regulatory Organizations; Order Officials already are covered by the III. Date of Effectiveness of the Approving Proposed Rule Change and Exchange’s indemnity provision, the Proposed Rule Change and Timing for Notice of Filing and Order Granting Exchange is proposing to amend the Commission Action Accelerated Approval of Amendment Constitution to make this coverage Nos. 1 and 2 by the Chicago Board explicit in order to help ensure that the Within 35 days of the date of Options Exchange, Incorporated, Exchange can continue to attract and publication of this notice in the Federal Relating to the Listing and Trading of retain the services of qualified persons Register or within such longer period (i) Warrants on the Asia Tiger 100 Index to serve in these capacities. as the Commission may designate up to 90 days of such date if it finds such March 17, 1998. iii. Board Review of Disciplinary Panel longer period to be appropriate and I. Introduction Decisions publishes its reason for so finding or (ii) Disciplinary appeals are heard by the as to which the self-regulatory On December 5, 1997, the Chicago Executive Committee of the Board under organization consents, the Commission Board Options Exchange, Incorporated delegated authority from the Board of will: (‘‘CBOE’’ or ‘‘Exchange’’) filed with the Governors as authorized by Article V, A. By order approve such proposed Securities and Exchange Commission Section 1(b) of the Constitution in all rule change, or (‘‘Commission’’), pursuant to Section instances except where a member or B. Institute proceedings to determine 19(b)(1) of the Securities Exchange Act 1 member organization is expelled or whether the proposed rule change of 1934 (‘‘Act’’), and Rule 19b–4 2 suspended for a period of one year or should be disapproved. thereunder, the proposed rule change to list and trade warrants on the Asia more. In such instance, a review by the IV. Solicitation of Comments full Board is required. It is proposed Tiger 100 Index (‘‘Asia 100’’ or that the Executive Committee be the Interested persons are invited to ‘‘Index’’). Notice of the filing appeared delegated authority to hear all appeals submit written data, views, and in the Federal Register on February 4, 3 (including matters the Board calls for arguments concerning the foregoing, 1998. No comments were received review) regardless of the nature of the including whether the proposed rule concerning the proposed rule change. respondent or the penalty. This would change is consistent with the Act. On February 24, 1998 and March 13, make the appeal process less Persons making written submissions 1998 the Exchange filed Amendment cumbersome, while at the same time should file six copies thereof with the Nos. 1 and 2, respectively, to the 4 eliminating a special review privilege Secretary, Securities and Exchange proposed rule change. This order (i.e., full Board review) that exists for Commission, 450 Fifth Street, NW., 6 members and member organizations, but Washington, DC 20549. Copies of the 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). not for their employees. The full Board submission, all subsequent amendments, all written statements 2 17 CFR 240.19b–4. would retain authority to review 3 Securities Exchange Act Release No. 37584 with respect to the proposed rule (January 27, 1998) 63 FR 5825. 3 The Amex expects that the ‘‘professional change that are filed with the 4 See letters from Timothy Thompson, Senior hearing officer will be an individual who is a Commission, and all written Attorney, CBOE to Michael Walinskas, Senior lawyer who has had litigation experience in the communications relating to the Special Counsel, Division of Market Regulation, securities area. It is possible that such individual, proposed rule change between the SEC dated February 24, 1998 (‘‘‘Amendment No. or his firm, may provide advice or services to the 1’’) and March 13, 1998 (‘‘Amendment No. 2’’). Exchange on matters that do not relate to the Amendment No. 1 sets forth maintenance standards investigation or preparation of disciplinary 4 15 U.S.C. 78f. for the Index and provides information regarding matters.’’ See Amendment No. 2 at p. 2. 5 15 U.S.C. 78f(b)(7). the calculation and dissemination of the Index Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14147 approves the CBOE’s proposal, as other stocks from that country. must have been greater than $5 million,9 amended. Separately, each country is weighted (4) the stock must have traded on at based on the relative size of its stock least 95% of the country’s trading days; II. Description of the Proposal market in relation to that of other Asia and (5) at least 20% of a company’s The purpose of the proposed rule 100 countries. The CBOE believes this common stock (measured by change is to permit the Exchange to list design gives the Index significant outstanding shares) must be available to and trade warrants based on the Index. coverage of the countries’ largest and foreign investors. In addition to the five A. Design of the Index most liquid stocks and a proxy for the maintenance criteria discussed above, stock portfolios held by foreign the CBOE will notify the Commission The Exchange represents that the investors in these countries. The CBOE prior to: adding a country to, or deleting Index is comprised of the 100 highest also believes that warrants on the Index a country from, the Index; or reducing capitalized stocks from eight major the number of component securities 5 will provide investors with a low-cost Asian markets. The stocks were below 95 securities.10 selected for their market capitalization means of participating in the performance of the Asian economy and The country weights will be and liquidity. The CBOE believes that rebalanced annually (most likely in they are representatives of the hedging against the risk of investing in those economies. March) to address, among other things, composition of the broader equity a country’s stock market expansion or markets in each of the eight countries. Country weights will be based upon contraction in relation to the markets of The component securities represent the relative size of each country’s stock the other countries represented in the several industry groups including: market at the time the Index is Index. There will be a 4% limit on the Airlines; financial institutions; high established. Country weights will be change that will be made to a country’s technology; real estate; rounded to the nearest 2% based on the weight at the rebalancing so that a single telecommunications; and utilities. International Federation of Stock year aberration for a particular market The total capitalization of the Exchange month-end market values does not improperly affect the Index. component securities in the Index on used in the country rebalancing. For The weights of other countries will be February 11, 1998 was approximately example, a country with an Asia 100 adjusted accordingly. A country’s whose 6 $549 billion. The average capitalization market share of 28.68% will have a weight falls below 1% may be retained on that date was approximately $5.49 country weight of 28%. Once a in the Index based on the Exchange’s billion. The individual market country’s weight is determined, the determination of foreign investment in capitalization of these component individual stocks within a country will the country and other factors. CBOE securities ranged from approximately be selected based on the Stock Selection staff may determine to retain a country’s $682 million to $46 billion on February Criteria, as defined below. weight in the Asia 100 Index at no more 11, 1998. The component securities had When required to make the country than the maximum 2% level after its average U.S. dollar volume per day for weights sum up to 100% due to weight has fallen below 1% of the 1997 that ranged from $146 million to market value of the countries $38 billion. As of February 11, 1998, the rounding, the country whose weight would normally be rounded up (down) represented in the Index. Weights of the highest weighted component security other countries will be adjusted (HSBC Holdings, PLC of Hong Kong) will be rounded down (up) if the weight is the closest to the midpoint between accordingly. comprised approximately 6.00% of the In addition, stock weights within a Index weight while the lowest weighted two weights. Country weights are capped at 40% for the largest country country will be rebalanced semi- component security (Hang Lung annually (most likely in March and Development, Co. of Hong Kong) and at 15% for a country with which there is not a comprehensive September) according to the five criteria comprised approximately 0.15% of the listed above and based on the Index weight. The five highest weighted surveillance sharing agreement (‘‘CSSA’’), as defined below. capitalization of stocks and the country securities comprised approximately weights determined at the annual 7 21.54% of the Index weight. B. Initial Listing and Maintenance country weighting rebalancing as of the The CBOE represents that the Asia Criteria and Rebalancing last business day of the previous. year.11 100 is a modified capitalization- Each stock’s price on the day of the weighted index. The Index will be To be included and maintained in the rebalancing will be multiplied by the adjusted annually to ensure that each Index, a stock must meet the following represented country’s stocks are minimum Stock Selection Criteria: (1) 9 To calculate this figure, the CBOE staff capitalization-weighted and reflected in The minimum market value of the multiplies the average daily price by the total a manner that ensures the weighting of company during the past year must have monthly trading volume. See letter from each stock is based on its market value been greater than $200 million; (2) the Amendment No. 2, supra note 4. in relation to the market value of the 10 The Commission notes that if the Index fails to minimum dollar trading value of meet the established maintenance or notification turnover of the stock must have been criteria, CBOE may be required to: re-classify the value. Amendment No. 2 provides technical $100 million in the past year;8 (3) the Index as narrow-based; remove certain securities clarifications to the Index maintenance standards minimum monthly trading value of the from the Index; or discontinue listing new series of and rebalancing procedures. Index warrants. In addition, if the composition of 5 The eight Asian markets included in the index stock in any month during the past year the Index was to substantially change, the are: Hong Kong; Indonesia; Malaysia; the Commission’s decision regarding the Philippines; Singapore; South Korea; Taiwan; and 8 To calculate this figure, the CBOE staff takes the appropriateness of the Index’s current maintenance Thailand. following steps: first, an average daily volume standards would be reevaluated and additional 6 All values are express in U.S. dollars at the (‘‘ADV’’) is obtained for each component security approval under Section 19(b) of the Act may be prevailing rates on February 11, 1998. for the previous year from Bloomberg; second, each necessary to continue to list Index products. In 7 The text of the proposed rule change and component security’s ADV is multiplied by the addition, the Commission notes that the CBOE has Amendment No. 1 contains a list of the component number of trading days in the year for the relevant inquired whether it would be required to submit to securities including the countries they represent, country; and third, the turnover value is converted a Section 19(b) filing in order to list equity linked the individual component security weights, the to U.S. dollars using Bloomberg’s calculation of the notes overlying the Index. The staff does not believe country Index weights, average daily trading value average exchange rate in the previous year for the that a new filing is warranted provided that the for each security and country and market relevant country. See Amendment No. 1, supra note requirements of CBOE Rule 31.5(F) are met. capitalization for each security and country. 4. 11 See Amendment No. 1, supra note 4. 14148 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices number of shares (rounded to the fourth payment in U.S. dollars to the extent will be valued in U.S. dollars using each decimal place) so that the stock weight that the Index value has declined below country’s cross-rate to the U.S. dollar. in the Index represents its share of the a pre-stated cash settlement value. Bloomberg’s Composite New York rates, market value of the stocks selected Conversely, holders of a warrant or comparable rates, quoted at 7:00 a.m. within the country. Stock weights will structured as a ‘‘call’’ would, upon Chicago time will be used to convert the be capped such that the weight of the exercise or at expiration, receive stock prices from the respective largest stock in a country may not be payment in U.S. dollars to the extent countries to U.S. dollars. If there are greater than 50% of that country’s that the Index value has increased above several quotes at 7:00 a.m. for the weight at rebalancing. Weights of the the pre-stated cash settlement value. If currency, the first quoted rate in that other stocks of the country will be ‘‘out-of-the-money’’ at the time of minute will be used to calculate the adjusted accordingly. For example, if a expiration, the warrants would expire Asia 100 Index. In the event that there stock represents 60% of the market worthless. is no Bloomberg exchange rate for a value within a country, its weight The procedures for determining the country’s currency at 7:00 a.m., stocks within the country will be adjusted cash settlement value for the warrants will be valued at the first U.S. dollar down to 50%. The weights of the have not yet been determined by the cross-rate quoted prior to 7:00 a.m. remaining component securities from CBOE. Once those procedures have been E. Warrant Listing Standards and that country will be increased determined by the CBOE, they will be Customer Safeguards proportionally, in the aggregate 10%, by fully set forth in the prospectus and in their pre-adjustment weights. Further, if the Information Circular distributed by The CBOE proposes to list the the stock represents 30% of the market the Exchange to its membership prior to warrants on the Asia 100 pursuant to its value in a country with an Asia 100 the commencement of trading the stock index warrant listing standards in country weight of 28%, the stock’s warrant.12 CBOE Rule 31.5(E).15 The CBOE weight in the entire Asia 100 Index will proposes that the Index be deemed D. Calculation and Dissemination of the broad-based for purposes of determining be 8.4%, i.e., 30% share within the Value of the Index country × 28% country weight = 8.4%. applicable position limits and margin The weight of each selected stock will The CBOE asserts that the treatment. As discussed further below in remain constant until the next stock methodology used to calculate the value the Surveillance section, the Asia 100 rebalancing, except for adjustments due of the Index is similar to the warrants will comply with all aspects of to circumstances described below. methodology used to calculate the value CBOE Rule 31.5(E) except paragraph (7) Stocks in the Asia 100 Index may of other stock indices. The Index base which states that foreign country need to be replaced between value was established at 200 on securities or ADRs that are not subject rebalancings due to corporate, November 17, 1997. The level of the to a CSSA and have less than 50% of governmental or regulatory actions or Index reflects the total market value of their global trading volume in dollar when the stock no longer meets the all 100 component stocks relative to a value in the United States, cannot, in Stock Selection Criteria. Eligible stocks particular base period. The daily the aggregate, represent more than 20% will be ranked in a replacement list by calculation of the Asia 100 Index is of the weight of an index. market capitalization on the date of the computed by dividing the total market Sales practice rules applicable to the rebalancing. In these cases, Exchange value of the 100 companies in the Index trading of Index warrants are provided staff will replace the stock with a stock by the Index divisor. The divisor keeps for in Exchange Rule 30.50 and to the from the replacement list. If the highest the Index comparable over time and is extent provided by Rule 30.52 they are capitalized replacement stock has low adjusted periodically to maintain the also contained in Chapter IX of the trading volume or would cause an Index. Similar to other stock index Exchange’s Rules. Rule 30.50 governs, uncovered country to exceed 15% of the values based on Asian markets, the among other things, communications Index, the Exchange staff would choose value of the Index will be calculated by with the public. Rule 30.52 subjects the the next succeeding replacement stock. CBOE and disseminated once per day transaction of customer business in Also, the Exchange staff will, where the prior to the opening in the U.S. via the stock index warrants to many of the circumstances permit, endeavor to Options Price Reporting Authority or requirements of Chapter IX of the provide at least three business days the Consolidated Tape Association.13 Exchange’s rules dealing with public notice prior to making such changes. To In the event that a security does not customer business, including suitability. maintain continuity of the Index, the trade on a given day, the previous day’s For example, no member organization divisor of the Index will be adjusted to last sale price is used for purposes of may accept an order from a customer to reflect certain events relating to the calculating the Index. Prices used to purchase a stock index warrant unless component stocks. These events value the stocks will be based upon the that customer’s account has been include, but are not limited to, spin-offs, closing prices for the stocks at the approved for options transactions. The certain rights issuances, mergers and primary exchanges for the respective listing and trading of warrants on the acquisitions. stocks. Primary and backup pricing Asia 100 Index will be subject to these sources, including Bloomberg, will be guidelines and rules. C. Trading of the Index Warrants used to obtain the closing prices for the The margin requirement for a short (Exercise and Settlement) stocks.14 Stocks in the Asia 100 Index Index warrant will be 100% of the The proposed warrants will be direct premium plus 15% of the underlying obligations of their issuer subject to 12 Phone conversation between Timothy value, less out-of-the-money dollar cash-settlement in U.S. dollars, and Thompson, Senior Attorney, CBOE and Marianne H. Duffy, Special Counsel, Division of Market amount, if any, to a minimum of 10% either exercisable throughout their life Regulation, Commission on January 22, 1998. of the Index value. A long Index warrant (i.e., American style) or exercisable only 13 None of the Asian markets represented in the position must be paid for in full. on their expiration date (i.e., European Index are open for trading during U.S. market Straddles will be permitted for call and style). Upon exercise, or at the warrant trading hours. put Index warrants covering the same 14 CBOE represents that the data provided by expiration date (if not exercisable prior Bloomberg comes directly from the stock exchanges underlying value. The margin to such date), the holder of a warrant of the various countries. See Amendment No. 1, structured as a ‘‘put’’ would receive supra note 4. 15 See Amendment No. 2, supra note 4. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14149 requirements are provided for under the Act.16 Specifically, the Commission component securities are relatively Exchange Rules 30.53 and 12.3. finds that the listing and trading of highly capitalized, diversified and The applicable position and exercise warrants based on the Index will serve actively traded. In this regard, CBOE limits will be determined pursuant to to promote the public interest and help will maintain the Index so that: (1) The Exchange Rule 30.35(a). Pursuant to to remove impediments to a free and minimum market value of the company Exchange Rules 4.13(a) and 30.35(e) open securities market by providing during the past year must have been each member will be required to file a investors with a means to hedge greater than $200 million; (2) the report with the Department of Market exposure to market risk associated with minimum dollar trading value of Regulation of the Exchange identifying the Asian equity markets 17 and promote turnover of the stock must have been those customer accounts with an efficiency, competition, and capital $100 million in the past year; 19 (3) the aggregate position in excess of 100,000 formation.18 minimum monthly trading volume of Index warrants. Nevertheless, the trading of warrants the stock in any month during the past on the Index raises several concerns F. Surveillance year must have been greater than $5 related to the design and maintenance of million; (4) the stock must have traded The CBOE entered into a CSSA with the Index, customer protection, the Stock Exchange of Hong Kong on at least 95% of the country’s trading surveillance and market impact. The days; and (5) at least 20% of a (‘‘HKSE’’) on October 1, 1992, pursuant Commission believes, however, for the to which the CBOE will be able to company’s stock must be available to reasons discussed below, that the CBOE foreign investors. In addition to the five obtain market surveillance information has adequately addressed these maintenance criteria discussed above, from the HKSE. The CBOE also entered concerns. into a CSSA with the Taiwan Stock the CBOE will notify the Commission Exchange (‘‘TSE’’) in October 1997. A. Design and Maintenance of the Index prior to: adding a country to, or deleting Moreover, the CBOE entered into an The Commission finds that it is a country from, the Index; or reducing information sharing agreement with the appropriate and consistent with the Act the number of component securities Kuala Lumpur (Malaysia) Stock for the CBOE to apply its broad-based below 95 securities.20 Exchange which is currently being index warrant listing standards and B. Customer Protection reviewed by the Commission to trading rules to the Index. First, the determine its effectiveness. In addition, Index is composed of 100 companies The Commission notes that the rules the CBOE notes that no single from several industry groups including: and procedures of the Exchange uncovered country in the Index may Airlines; financial institutions; high adequately address the special concerns represent more than 15% of the Index technology; real estate; attendant to the trading of Index weight. telecommunications; and utilities. warrants. Specifically, the applicable As of February 1, 1998, stocks from Second, no particular stock or group of suitability, account approval, disclosure Hong Kong (32% Index weight) and stocks dominates the Index. and compliance requirements of the Taiwan (22% Index weight) represent Specifically, as of February 11, 1998, the CBOE warrant listing standards 54% of the Index weight. Therefore, a highest weighted component security satisfactorily address potential public majority of the weight of the Index is (HSBC Holdings, PLC of Hong Kong) concerns. Moreover, the CBOE plans to currently composed of stocks traded on comprised approximately 6.00% of the distribute a circular to its membership marketplaces with which the CBOE has Index weight while the lowest weighted calling attention to specific risks a CSSA. No single uncovered country component security (Hang Lung associated with warrants on the Index. represents more than 14% (Malaysia) of Development, Co. of Hong Kong) Pursuant to the Exchange’s listing the Index weight and no two uncovered comprised approximately 0.15% of the guidelines, only companies capable of countries represent more than 26% Index weight. The five highest weighted meeting the CBOE’s index warrant (Malaysia and Singapore) of the Index securities comprised approximately issuer standards will be eligible to issue weight. As previously stated, the Asia 21.54% of the Index weight. Index warrants. 100 does not comply fully with CBOE Accordingly, the Commission believes Rule 31.5(E)(7), which states that foreign that it is appropriate for the CBOE to C. Surveillance country securities or ADRs that are not apply its broad-based index warrant In evaluating new derivative subject to a CSSA and have less than listing standards and trading rules, instruments, the Commission, 50% of their global trading volume in including those for position limits and consistent with the protection of dollar value in the United States, margin requirements, to the Index. cannot, in the aggregate, represent more The Commission notes that with investors, considers the degree to which than 20% of the weight of an index. The respect to the maintenance of the Index, the derivative instrument is susceptible CBOE believes, however, that its the CBOE has implemented several to manipulation. The ability to obtain existing CSSAs, along with the fact that safeguards in connection with the information necessary to detect and the Index contains 100 component listing and trading of Index warrants deter market manipulation and other securities from eight countries, that will serve to ensure that the Index trading abuses is a critical factor in the effectively eliminates the possibility of Commission’s evaluation. It is for this manipulation. 16 15 U.S.C. 78f(b)(5). reason that the Commission requires 17 Pursuant to Section 6(b)(5) of the Act, the that there be a CSSA in place between III. Commission Findings and Commission must predicate approval of any new an exchange listing or trading a Conclusions securities product upon a finding that the derivative product and the exchanges introduction of such product is in the public The Commission finds that the interest. Such a finding would be difficult with trading the stocks underlying the proposed rule change by the Exchange respect to a warrant that served no hedging or other derivative contract that specifically is consistent with the requirements of economic function, because any benefits that might enables officials to survey trading in the the Act and the rules and regulations be derived by market participants likely would be derivative product and its underlying outweighed by the potential for manipulation, thereunder applicable to a national diminished public confidence in the integrity of the 19 securities exchange, and in particular, markets, and other valid regulatory concerns. See note 8, supra. the requirements of Section 6(b)(5) of 18 15 U.S.C. 78c(f). 20 See note 10, supra. 14150 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices stocks.21 Such agreements provide a arrangements in the context of criteria, justifies approval of the Index necessary deterrent to manipulation numerous types of derivative products, for warrant trading. Specifically, the because they facilitate the availability of including derivative products based on large number of component securities information needed to fully investigate stock indices composed of component and countries, relatively highly a potential manipulation if it were to securities from several countries. In capitalized and actively traded occur. For foreign stock index derivative such cases, the Commission component securities and the products, these agreements are traditionally has considered multiple requirement that no single uncovered especially important to facilitate the factors in evaluating whether the subject country represent more than 15% of the collection of necessary regulatory, instruments are readily susceptible to Index weight sufficiently reduces the surveillance and other information from manipulation. In many cases, without likelihood that the Index could be foreign jurisdictions. CSSA’s, the Commission would be manipulated. Nonetheless, the In order to address the above unable to approve the proposed Commission encourages the CBOE to concerns, the Commission notes that the product. The Commission, however, CBOE has entered into a CSSA with the continue its efforts in securing CSSAs recognizes that the construction of an with additional countries in the Index. HKSE on October 1, 1992, pursuant to index can mitigate against the need to which the CBOE will be able to obtain require that CSSA’s be concluded with D. Market Impact market surveillance information from all the markets whose securities the HKSE. The CBOE also entered into underlie an index. Specifically, an The Commission believes that the a CSSA with the TSE in October 1997. index composed of a large number of listing and trading of Index warrants on In addition, the CBOE entered into an relatively highly capitalized and liquid the CBOE should not adversely impact information sharing agreement with the securities, traded across multiple the securities markets in the U.S. or Kuala Lumpur (Malaysia) Stock markets, should be difficult to Asia. First, the existing index warrant Exchange on January 6, 1995 which is manipulate because there will be greater listing standards and customer currently being reviewed by the execution costs and timing difficulties safeguard rules of the CBOE will apply Commission to determine its associated with coordinating trades on to warrants based on the Index. Second, effectiveness. multiple markets. Indeed, the the Commission notes that the Index is Based upon calculations made on Commission has approved or diversified and includes relatively February 11, 1998, stocks from Hong commented favorably upon deriative highly capitalized securities that are Kong (32% Index weight) and Taiwan products based on the Eurotrack 200, actively traded in their home markets. (22% Index weight) represent 54% of the Eurotop 100, the International Accordingly, the Commission does not the Index weight. Therefore, a majority Market Index (‘‘IMI’’), and the Europe, believe that the introduction of Index of the weight of the Index is currently Australia and Far East (‘‘EAFE’’) Index, warrants on the CBOE will have a composed of stocks traded on even though all of the stocks comprising significant effect on the underlying marketplaces with which the CBOE has these indices were not covered by a Asian securities markets. a CSSA. No single uncovered country CSSA. 23 In these cases, stocks from represents more than 14% (Malaysia) of The Commission finds good cause to countries with a major index weighting approve Amendment Nos. 1 and 2 prior the Index weight and no two uncovered were covered by CSSAs and no single countries represent more than 26% to the thirtieth day after the date of uncovered country’s securities publication of notice of filing thereof in (Malaysia and Singapore) of the Index accounted for more than a small weight. The Asia 100 does not comply the Federal Register. Specifically, percentage of the indices’ weight. fully with CBOE Rule 31.5(E)(7), which The Commission believes that this is Amendment No. 1 provides, among states that foreign country securities or also the case with the Asia 100 even other things: that the minimum market ADRs that are not subject to a CSSA and though the Asia 100 does not comply value of a component company during have less than 50% of their global fully with CBOE Rule 31.5(e)(7). The the past year must have been greater trading volume in dollar value in the Commission believes that the CBOE has than $200 million; that no single United States, cannot, in the aggregate, established sufficient CSSAs, country uncovered by a CSSA may represent more than 20% of the weight represent more than 15% of the Index 22 representing a majority of the Index of the an index. weight, to assist in the policing of the weight; and that the CBOE will notify The Commission has considered the Index warrants. In addition, the the Commission prior to adding a adequacy of survelliance sharing Commission believes that the unique country to, or deleting a country from, design of the Index, including the the Index; or reducing the number of 21 The Commission believes that the ability to component securities below 95 obtain relevant surveillance information, including, required maintenance and notification 24 among other things, the identity of the ultimate securities. Amendment No. 2 purchasers and sellers of securities, is an essential 23 See Securities Exchange Act Release No. 30462 provides, among other things, technical and necessary component of a CSSA. A CSSA (March 11, 1992) 57 FR 9290 (order approving the clarifications regarding the Index should provide the parties thereto with the ability listing and trading of warrants on the Eurotrack 200 rebalancing replacement of component to obtain information necessary to detect and deter on the CBOE and the New York Stock Exchange, market manipulation and other trading abuses. Inc. and the listing and trading of options on the securities. The Commission notes that Consequently, the Commission generally requires Eurotrack 200 on the CBOE); Securities and no comments were received when the that a CSSA require that the parties to the Exchange Act Release No. 30463 (March 11, 1992) original notice of the proposed rule agreement provide each other, upon request, 57 FR 9284 (order approving the listing and trading information about market trading activity, clearing of warrants and options on the Eurotop 100 on the change was published and that no new activity and customer identity. See Securities American Stock Exchange, Inc. (‘‘Amex’’)); regulatory issues are presented in Exchange Act Release No. 31529 (November 27, Securities Exchange Act Release No. 26653 (March Amendment Nos. 1 and 2. 1992). 21, 1989), 54 FR 12705) (order approving the listing 22 As previously stated, as of February 11, 1998, and trading of options on the IMI on the Amex); and Accordingly, the Commission believes stocks from countries with CSSAs represent 54% of letter from Jonathan G. Katz, Secretary, SEC to Dr. that it is consistent with Sections 6(b)(5) the Index weight. Additionally, the CBOE has Paula Tosini, Director, Division of Economic and 19(b)(2) 25 of the Act, to find good entered into an agreement with the Kuala Lumpur Analysis, Commodity Futures Trading Commission, (Malaysia) Stock Exchange representing 14% of the dated October 11, 1988 (letter not objecting to the 24 See note 10, supra. Index weight which is currently being reviewed by designation of the Chicago Merchantile Exchange as 25 the Commission to determine its effectiveness. a contract market to trade EAFE index futures). 15 U.S.C. 78s(b)(2). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14151 cause exists to approve Amendments SECURITIES AND EXCHANGE markets in all series of options classes No. 1 on an accelerated basis. COMMISSION at the station where a Market-Maker is present.’’ Rule 8.51 imposes firm IV. Solicitation of Comments [Release No. 34±39763; File No. SR±CBOE± 98±04] quotation obligations on trading crowds. Interested persons are invited to Ordinarily, in meeting these obligations, submit written data, views and Self-Regulatory Organizations; each market-maker makes his or her own independent decision concerning arguments concerning Amendment Nos. Proposed Rule Change by the Chicago what market to quote at any given time, 1 and 2, including whether the Board Options Exchange, Incorporated Clarifying the Application of Exchange and does not attempt to discuss or agree proposed rule change is consistent with with other market-makers concerning the Act. Persons making written Rules 8.7 and 8.51 to the Activities of Market-Makers on the CBOE what the market ought to be. However, submissions should file six copies there are circumstances where, in order thereof with the Secretary. Securities March 16, 1998. to make fair and orderly markets that are and Exchange Commission, 450 Fifth Pursuant to section 19(b)(1) of the competitive with other markets and Street, N.W., Washington, D.C. 20549. Securities Exchange Act of 1934 responsive to the legitimate needs of Copies of the submission, all subsequent (‘‘Act’’),1 notice is hereby given that on investors, some coordination among amendments, all written statements February 6, 1998, the Chicago Board market-makers is necessary. These with respect to the proposed rule Options Exchange, Incorporated circumstances arise (1) in connection change that are filed with the (‘‘CBOE’’ or ‘‘Exchange’’) filed with the with the establishment of parameters Commission, and all written Securities and Exchange Commission used by the automated quotation communications relating to the (‘‘Commission’’) the proposed rule updating system (which is generally the proposed rule change between the change as described in Items I, II, and Exchange’s Auto Quote system) to Commission and any person, other than III below, which Items have been automatically generate options those that may be withheld from the prepared by the CBOE. The Commission quotations in response to changes in the public in accordance with the is publishing this notice to solicit market for the underlying security or provisions of 5 U.S.C. 552, will be comments on the proposed rule change index; (2) in responding to requests for available for inspection and copying in from interested persons. markets in size, such that the coordinated efforts of more than one the Commission’s Public Reference I. Self-Regulatory Organization’s market-maker are called for in order to Room, 450 Fifth Street, N.W., Statement of the Terms of Substance of be able to fill any resulting order to buy Washington, D.C. 20549. Copies of such the Proposed Change or sell options; and (3) whenever a filing will also be available for CBOE proposes to amend certain of its trading crowd, in order to be inspection and copying at the principal rules pertaining to the obligations of competitive with other markets, office of CBOE. All submissions should market-makers. The text of the proposed determines collectively to honor its refer to File No. SR–CBOE–97–64 and rule change is available at the Office of disseminated quotations in a size greater should be submitted by April 14, 1998. the Secretary, CBOE and at the than the six (ordinarily 10 contracts) For the foregoing reasons, the Commission. called for under the Exchange’s firm quotation rule (Rule 8.51). As described Commission finds that the CBOE’s II. Self-Regulatory Organization’s below, the purpose of this filing is to proposal to list and trade warrants based Statement of the Purpose of, and describe the nature and extent of on the Asia Tiger 100 Index is Statutory Basis for, the Proposed Rule coordination among market-makers that consistent with the requirements of the Change Act and the rules and regulations is permitted under each of these In its filing with the Commission, circumstances. thereunder. CBOE included statements concerning It is therefore ordered, pursuant to the purpose of and basis for the Auto Quote Formulas Section 19(b)(2) of the Act, that the proposed rule change and discussed any Automated quotation updating proposed rule change (SR–CBOE–97– comments it received on the proposed systems, which are relied upon by all 64), as amended, is approved. rule change. The text of these statements trading crowds to provide immediately may be examined at the places specified updated quotations in options series For the Commission, by the Division of in Item IV below. The CBOE has traded by the crowd, utilize option Market Regulation, pursuant to delegated valuation formulas in order to generate authority.26 prepared summaries, set forth in sections A, B, and C below, of the most options quotations based on changes in Margaret H. McFarland, significant aspects of such statements. any one of a number of variables. Deputy Secretary. Among other things, these formulas [FR Doc. 98–7514 Filed 3–23–98; 8:45 am] A. Self-Regulatory Organization’s require assumed volatility factors to be Statement of the Purpose of, and BILLING CODE 8010±01±M established for each underlying interest. Statutory Basis for, the Proposed Rule The quotations that are generated and Change displayed by these systems translate The purpose of the proposed rule into obligations of the trading crowd to change is to clarify the application of buy or sell options at the quoted prices. Exchange Rules 8.7 and 8.51 to the For this reason, all members of the activities of market-makers on CBOE by trading crowd participate in the amending or adopting interpretations decisions concerning the components of and policies under those Rules. Rule 8.7 the automated quotation updating requires, among other things, that system formula applicable to each class market-makers on CBOE ‘‘compete with of options traded by the crowd. other Market-Makers to improve Proposed Interpretation and Policy 8.8.07 reflects this by providing 26 17 CFR 200.30–3(a)(12) (1994). 1 15 U.S.C. 78s(b)(1). expressly that the formula used in each 14152 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices trading crowd to generate automatically objectives of Section 6(b)(5)3 of the Act submissions should refer to the File No. updated market quotations shall be as to perfect the mechanism of a free and SR–CBOE–98–04 and should be agreed upon by the trading crowd. This open market and a national market submitted by April 14, 1998. is made subject to the exception that in system and to protect investors and the For the Commission, by the Division of those trading crowds where a public interest. Market Regulation, pursuant to delegated Designated Primary Market-Maker 4 B. Self-Regulatory Organization’s authority. (‘‘DPM’’) has been appointed, the DPM Statement on Burden on Competition Margaret H. McFarland, has the primary responsibility for Deputy Secretary. CBOE does not believe that the determining the variables of the formula [FR Doc. 98–7515 Filed 3–23–98; 8:45 am] used to generate automatically updated proposed rule change will impose any BILLING CODE 8010±01±M market quotations. The DPM is required burden on competition. to disclose the components used in that C. Self-Regulatory Organization’s formula to any member of the trading Statement on Comments on the SECURITIES AND EXCHANGE crowd immediately upon request, Proposed Rule COMMISSION provided that the MTS Committee will have the discretion to exempt DPMs Change Received From Members, [Release No. 34±39769; File No. JR±CBOE± using proprietary automated quotation Participants or Others 98±08] updating systems from having to No written comments were solicited Self-Regulatory Organizations; Notice disclose proprietary information or received with respect to the proposed of Filing and Immediate Effectiveness concerning the formulas used by those rule change. of Proposed Rule Change By the systems. III. Date of Effectiveness of the Chicago Board Options Exchange, Joint Responses to Requests for Markets Proposed Rule Change and Timing for Inc., Relating to Electronic Filing of When a request for a market to buy or Commission Action FOCUS Reports sell a large number of options is Within 35 days of the date of March 17, 1998. submitted to a trading crowd, it is publciation of this notice in the Federal Pursuant to Section 19(b)(1) of the usually the case that the customer on Register or within such longer period (i) Securities Exchange Act of 1934 (‘‘Act’’ whose behalf the request is made wants as the Commission may designate up to or ‘‘Exchange Act’’),1 notice is hereby to know promptly at what single price 90 days of such date if it finds such given that on February 20, 1998, the all of the options represented by the longer period to be appropriate and Chicago Board Options Exchange, Inc. request can be bought or sold. A unitary publishes its reasons for so finding or (‘‘CBOE’’ or ‘‘Exchange’’) filed with the specialist at another competing market (ii) as to which the self-regulatory Securities and Exchange Commission is better equipped to provide this kind organization consents, the Commission (‘‘Commission’’) the proposed rule of response. In order to compete will: change as described in Items I, II and III effectively, the collective members of a (A) by order approve such proposed below, which Items have been prepared market maker trading crowd must also rule change, or by the Exchange.2 The Commission is provide a response to this kind of (B) institute proceedings to determine publishing this notice to solicit request. Interpretation and Policy 8.7.09 whether the proposed rule change comments on the proposed rule change expressly permits the collective should be disapproved. from interested persons. response to a group of members. IV. Solicitation of Comments I. Self-Regulatory Organization’s A Crowd’s Agreeing to Honor its Market Interested persons are invited to Statement of the Terms of Substance of at a Greater Than Required Size submit written data, views and the Proposed Rule Change CBOE’s firm quote rule (Rule 8.51) arguments concerning the foregoing, The CBOE proposes to require generally obligates each trading crowd including whether the proposed rule members who are required to compute to honor disseminated quotations for ten change is consistent with the Act. net capital under Exchange Act Rule contracts. In some cases, especially for Persons making written submissions 15c3–1 (‘‘net capital computing classes of options traded in more than should file six copies thereof with the members’’) to file their FOCUS reports one market, trading crowds on CBOE Secretary, Securities and Exchange electronically using the WinJammer TM may be required by competitive and Commission, 450 Fifth Street, NW., system. other business considerations to honor Washington, DC 20549. Copies of the The text of the proposed rule change disseminated quotations for more than submission, all subsequent is available at the Office of the the required ten contracts. CBOE amendments, all written statements Secretary, CBOE and at the Commission. believes this necessarily requires with respect to the proposed rule II. Self-Regulatory Organization’s change that are filed with the agreement among the market-makers in Statement of the Purpose of, and Commission, and all written the trading crowd before it can be Statutory Basis for, the Proposed Rule communications relating to the announced. Interpretation and Policy Change 8.51.09 expressly contemplates such an proposed rule change between the agreement among the members of a Commission and any person, other than In its filing with the Commission, the trading crowd. those that may be withheld from the CBOE included statements concerning By enhancing the ability of CBOE to public in accordance with the make competitive, fair and orderly provisions of 5 U.S.C. 552, will be 4 17 CFR 200.30–3(a)(12). 1 markets in options, the proposed rule available for inspection and copying in 15 U.S.C. 78s(b)(1). 2 On March 16, 1998, the CBOE made a technical change is consistent with, and in the Commission’s Public Reference amendment to the proposal clarifying the furtherance of, the objectives of Section Room. Copies of such timing will also implementation schedule for the electronic filing 11A(a)(1)(C)(ii)2 of the Act to assure fair be available for inspection and copying requirement contained therein. Telephone conversation between Timothy Thompson, Senior competition among markets, and the at the principal office of CBOE. All Attorney, Exchange, and Kenneth Rosen, Attorney, Division of Market Regulation, Commission (March 2 15 U.S.C. 78k-1(a)(1)(C)(ii). 3 15 U.S.C. 78f(b)(5). 16, 1998). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14153 the purpose of and basis for the B. Self-Regulatory Organization’s available for inspection and copying in proposed rule change and discussed any Statement on Burden on Competition the Commission’s Public Reference comments it received on the proposed CBOE does not believe that the Room. Copies of such filing will also be rule change. The text of these statements proposed rule change will impose any available for inspection and copying at may be examined at the places specified burden on competition. the principal office of the CBOE. All in Item IV below. The CBOE has submissions should refer to the File No. prepared summaries, set forth in C. Self-Regulatory Organization’s SR–CBOE–98–08 and should be sections A, B, and C below, of the most Statement on Comments on the submitted by April 14, 1998. Proposed Rule Change Received From significant aspects of such statements. For the Commission, by the Division of Members, Participants, or Others Market Regulation, pursuant to delegated A. Self-Regulatory Organization’s No written comments were solicited authority.6 Statement of the Purpose of, and or received with respect to the proposed Margaret H. McFarland, Statutory Basis for, the Proposed Rule rule change. Deputy Secretary. Change III. Date of Effectiveness of the [FR Doc. 98–7516 Filed 3–23–98; 8:45 am] Exchange Rule 15.5 requires members Proposed Rule Change and Timing for BILLING CODE 8010±01±M to file financial reports in a manner Commission Action prescribed by the Exchange. Pursuant to The foregoing rule change has become Rule 15.5, the Exchange will now SECURITIES AND EXCHANGE effective pursuant to Section require that net capital computing COMMISSION 19(b)(3)(A)(i) of the Act 4 and members file electronically their subparagraph (e)(1) of Rule 19b–4 [Release No. 34±39759; File No. SR±CHX± required monthly/quarterly FOCUS 97±36] 3 thereunder because the proposal reports using the WinJammer system. constitutes a stated policy, practice, or The Exchange will add Interpretation Self-Regulatory Organizations; Order interpretation with respect to the Approving Proposed Rule Change by .02 to Rule 15.5 to set forth this meaning, administration, or requirement in its Rules. By requiring the Chicago Stock Exchange, Inc., enforcement of an existing rule of the Relating to the Structure and net capital computing firms to file their Exchange.5 Notwithstanding that this FOCUS reports electronically, the Composition of the Board of rule change is effective immediately Governors Exchange will be making its upon filing, the CBOE will not require requirements consistent with those of the filing of the electronic FOCUS March 6, 1998. the New York Stock Exchange and the reports until June 1998. At any time National Association of Securities within 60 days of the filing of such I. Introduction Dealers. proposed rule change, the Commission On December 16, 1997, The Chicago The use of WinJammer to collect may summarily abrogate such rule Stock Exchange, Inc. (‘‘CHX’’ or FOCUS information ensures that the change if it appears to the Commission ‘‘Exchange’’) filed with the Securities Exchange receives FOCUS reports from that such action is necessary or and Exchange Commission (‘‘SEC’’ or members without the risk of filings appropriate in the public interest, for ‘‘Commission’’) a proposed rule change being lost. Additionally, because of the the protection of investors, or otherwise pursuant to Section 19(b)(1) of the rigorous edit checks in the WinJammer in furtherance of the purposes of the Securities Exchange Act of 1934 system, the FOCUS data received will Act. (‘‘Act’’),1 and Rule 19b–4 thereunder.2 In this filing the Exchange proposed more likely be accurate and complete. IV. Solicitation of Comments Electronic receipt of FOCUS data also amendments to the structure and means that Exchange staff and outside Interested persons are invited to composition of its Board of Governors vendors will no longer have to re-key submit written data, views, and (‘‘Board’’) to include greater the information; thus, freeing up arguments concerning the foregoing, participation and oversight by including whether the proposed rule Exchange resources for more important individuals who are not affiliated with change is consistent with the Act. tasks. The Exchange will provide the Exchange or registered brokers or Persons making written submissions 3 members with copies of the WinJammer dealers. The filing was amended on should file six copies thereof with the software. January 16, 1998, to revise certain Board Secretary, Securities and Exchange By requiring net capital computing Commission, 450 Fifth Street, NW., 6 17 CFR 200.30–3(a)(12). firms to file electronically, the Exchange Washington, DC 20549. Copies of the 1 15 U.S.C. 78s(b)(1). will help to reduce errors and save submission, all subsequent 2 17 CFR 240.19b–4. resources. The filing, therefore, is amendments, all written statements 3 Specifically, the CHX proposed amendment to consistent with and furthers the Articles III, IV and V of its Constitution and Article with respect to the proposed rule IV, Rules 7, 8 and 10 of its Rules. The revised text objectives of Section 6(b)(5) of the change that are filed with the of the Constitution and Rules accompany this Order Exchange Act in that it is designed to Commission, and all written in the Addendum hereto and are incorporated promote just and equitable principles of communications relating to the herein. trade, to remove impediments to and proposed rule change between the For purposes of this Order, ‘‘affiliated’’ refers to a member of the Board of Governors or a committee perfect the mechanism of a free and Commission and any person, other than who is either a member of the Exchange or affiliated open market and a national market those that may be withheld from the with a broker or dealer in securities, and includes system, and to protect investors and the public in accordance with the all Member Governors and CHX committee public interest. provisions of 5 U.S.C. 552, will be members. Non-affiliated and Non-Industry both refer to a CHX Board or committee member who is neither a member of the Exchange nor affiliated 3 ‘‘FOCUS reports’’ are the Financial and 4 15 U.S.C. 78s(b)(3)(A)(i). with a broker or dealer. Finally CHX Public Operational Combined Uniform Single Report 5 17 CFR 240.19b–4(e)(1). In reviewing this rule, Governors and committee members, a subset of the which most broker-dealers are required to file with the Commission has considered the proposed rule’s Non-Affiliated or Non-Industry category, are those their designated examining authority pursuant to impact on efficiency, competition, and capital who have no material business relationship with Exchange Act Rule 17a–5. formation. 15 U.S.C. 78c(f). the Exchange, a broker or a dealer. 14154 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices and committee membership and nine without such affiliations The current Compensation Committee qualifications.4 Notice of the proposed (known as Non-Member Governors).7 Of consists of the Chair and at least one rule change, as amended, was published the affiliated Governors, nine must be affiliated and one non-affiliated in the Federal Register on February 5, from Chicago, and the remaining seven Governor. The Chair of the 1998.5 The Commission did not receive from outside the metropolitan area. Compensation Committee must be a any comment letters on the proposal. Moreover, the affiliated Governors non-affiliated Governor. The majority of cannot serve more than two consecutive the voting members of the II. Background Board terms. Compensation Committee cannot be The Exchange is a non-stock The current Executive Committee active on the trading floor of the membership corporation registered in consists of seven or more members, who exchange, and if the committee has five the State of Delaware. Its corporate are appointed by the Vice-Chair of the or more voting members, the Rules structure is defined in its Certificate of Board. The Chair and the President suggest inclusion of at least two non- Incorporation and its By-laws. The serve as ex-officio members with full affiliated participants.14 Consistent with Certificate of Incorporation includes voting power. The Chair of the Board this approach, and similar to the general parameters of corporate also serves as chair of the Executive practices of the Audit Committee and governance, while the By-laws, Committee. A majority of members the Executive Committee, the composed of the Constitution and the (including the ex-officio) constitute a Compensation Committee currently Rules, contains the specific quorum for transaction of business. All contains a balance of affiliated and non- requirements for constitution of the committee members must be Governors, affiliated committee members without Board, its committees and the daily but there are no other compositional being positively required to do so.15 operation of the Exchange. The requirements.8 Notwithstanding this, Finally, there currently does not exist submitted filing proposes changes to the the members of the Executive either Public representation By-laws only. Within the By-laws, the Committee are currently balanced requirements of the type included in the structure of the Board, the Executive between affiliated and non-affiliated proposal or quorum provisions related Committee and the Nominating members.9 to compositional structure on either the 16 Committee are set forth in the The current Nominating Committee Board or the four committees. Constitution, while the Audit has five members, who hold no other III. Description of the Proposal Committee and Compensation positions with the Exchange.10 The Committee requirements are included in The Exchange’s proposal will change 6 members of the Nominating Committee the Rules. must include at least two affiliated the structure and composition of the The current Board of Governors has persons; one who is active on the Board and the Executive, Nominating, twenty-seven voting members, trading floor of the Exchange, and one Audit and Compensation Committees by including the Vice-Chair of the Board who is not. Two non-affiliated imposing an enhanced non-industry and (who must be a member of the Exchange committee members are also required by public participation requirement similar active on its trading floor) (‘‘Vice- the Constitution.11 to those recently adopted by certain Chair’’), the president of the CHX (who other self-regulatory organizations is an Exchange employee appointed by The current Audit Committee is (‘‘SROs’’).17 The proposed changes are the Board) (the ‘‘President’’) and twenty- composed of at least three Governors, based upon recommendations made by five elected Governors. The Chair of the plus the Chair of the Board. The the Exchange’s Governance Committee, Board (who, as a matter of practice, is majority of voting committee members who is responsible for general oversight not a member of the Exchange active on cannot be affiliated individuals active of the CHX’s corporate governance its trading floor) (‘‘Chair’’) is appointed on the trading floor of the Exchange. In matters.18 The changes represent the by the full Board from among the addition, the Rules suggest inclusion of elected Governors. The twenty-five at least two non-affiliated participants, 14 See current Article IV, Rule 7 ‘‘Compensation governors include sixteen affiliated with when the Audit Committee has five or Committee’’ of the Rules. 12 15 the CHX or with a registered broker or more voting members. While Telephone call between Joseph M. Klauke, inclusion of non-affiliated persons is not Foley & Lardner and Mandy Cohen, Division of dealer (known as Member Governors), Market Regulation, Office of Market Supervision required, the Audit Committee currently dated March 5, 1998. 4 See Letter Amendment No. 1 from Joseph M. operates with a balance of affiliated and 16 See current Article IV Rule 10 ‘‘Committee Klauke, Foley & Lardner to Katherine A. England, non-affiliated members.13 Quorum’’ of the Rules (Audit and Compensation Division of Market Regulation, Commission, dated Committees); see also current Article III, Sec 7 January 16, 1998. ‘‘Quorum’’ (Board) and current Article V, Sec. 4 7 See current Article III, Sec. 2 ‘‘Members of the 5 ‘‘Membership of the Executive Committee’’ See Securities Exchange Act Release No. 39603 Board of Governors’’ of the Constitution. See also, (Executive Committee) of the Constitution. There is (January 30, 1998), 63 FR 5982 (File No. SR–CHX– supra note 3, defining ‘‘affiliated’’ and ‘‘non- no particular quorum for the Nominating 97–36). To allow time for approval of the proposal affiliated’’ Governors and Committee members. by its members, the Exchange agreed to extension Committee set for in the current By-laws; therefore, 8 See current Article V, Sec. 4 ‘‘Membership of of the time period specified in Section 19(b)(2) of a majority of the members is required. Delaware Executive Committee’’ of the Constitution. the Act. See letter from Joseph M. Klauke, Foley & Gen. Corp L Section 141. 9 Lardner to Katherine A. England, Division of Telephone call between Joseph M. Klauke, Foley 17 Securities Exchange Act Release No. 39608 Market Regulation, Commission, dated December & Lardner and Mandy Cohen, Division of Market (February 2, 1998), 63 FR 6249 (February 6, 1998) 30, 1997. A technical amendment to the filing Regulation, Office of Market Supervision dated (File No. SR–Philadep–97–06); Securities Exchange memorializing member approval of the proposal March 5, 1998. Act Release No. 39609 (February 2, 1998), 63 FR was submitted on February 12, 1998. See Letter 10 For instance, a single individual cannot be both 6250 (February 6, 1998) (File No. SR–SCCP–97–06); Amendment No. 2 from Joseph M. Klauke, Foley & member of the Board and member of the Securities Exchange Act Release No. 39326 Lardner to Katherine A. England, Division of Nominating Committee. See current Article IV, Sec. (November 14, 1997), 62 FR 62385 (November 21, Market Regulation, Commission, dated February 12, 3 ‘‘Nominating Committee’’ of the Constitution. 1997) (File No. SR–NASD–97–71); and Securities 1998. This technical amendment, which served to 11 See id. Exchange Act Release No. 38960 (August 22, 1997), notify the Commission that the CHX complied with 12 See current Article IV, Rule 8 ‘‘Audit 62 FR 45904 (August 29, 1997) (File No. SR–PHLX– its internal procedures, did not require notice and Committee’’ of the Rules. 97–31). comment, as it did not affect the substance of the 13 Telephone call between Joseph M. Klauke, 18 See current Article IV, Rule 9 ‘‘Committee on rule filing. Foley & Lardner and Mandy Cohen, Division of Organization and Governance’’ of the Rules; see 6 Collectively, these four committees are referred Market Regulation, Office of Market Supervision also Securities Exchange Act Release No. 31633 to as the ‘‘Committees.’’ dated March 5, 1998. (December 22, 1992), 57 FR 62402 (December 30, Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14155 latest in a continuing series of through management or ownership of a and fifty percent Member amendments to the corporate securities industry participant. Non- representatives.26 Currently, the Audit, governance structure of the CHX over Industry may, however, include Executive, and Compensation the past two decades.19 employees and other associates of Committees have this balance, although issuers exclusively listed on the CHX. 27 A. Board Composition and Size it is not specifically required. The Public Governors positions, however, Nominating Committee currently has The first portion of the proposal calls will be open only to those individuals five members, two of which are Non- for reduction in the number of who have no material business Industry.28 Governors and modification of Board relationship with a registered broker or membership standards to include dealer or the Exchange.22 C. Quorum Requirements greater participation and supervision by The affiliated Board members will be individuals without securities industry split between On-Floor and Off-Floor The third portion of the proposal affiliation. Under the proposal, the Member Governors, reflecting the addresses quorum requirements. current members of the Board will be different types of Exchange members.23 Currently there are no quorum reduced from twenty-seven to twenty- Under the proposal, an On-Floor provisions in the Exchange’s four and the number of Governors Member Governor is one who is, or is Constitution or Rules related to affiliated with Exchange or registered associated with, a member of the CHX compositional structure.29 20 brokers or dealers from sixteen to ten. that is primarily engaged in business on Under the proposed amendments, a At the same time, the number of non- the Exchange trading floor. The quorum for the transaction of business affiliated Governors will rise from nine proposed definition of Off-Floor on the Board of Governors will require to twelve.21 Member Governors includes all other participation by one-half of the number The amendments, as proposed, will CHX members (sometimes referred to as 30 The result in Exchange management up-stairs members), or their of Governors then in office. balanced between non-affiliated associates.24 The changes will also Executive and Nominating Committees individuals and CHX members. codify the current practice of selecting will require a majority of members to be Moreover, the non-affiliated Governors, a Chair who is not active on the trading present, while the Audit and termed Non-Industry, will include a floor of the Exchange. Compensation Committees will need at mandatory subset of five Public Board least half of their members to satisfy members, who should truly enhance the B. Committee Composition their quorum requirements.31 public interest in CHX operations. The The second portion of the proposed In addition, not less than fifty percent Non-Industry Governor positions will be amendments address the compositional of the Non-Industry participants on both filled by individuals who are not requirements of the Executive, the committees and the Board must be presently, and have not been involved Nominating, Audit and Compensation present to fulfill quorum committee in the securities industry for an Committees. The Executive, Audit and 32 extended period of time, whether Compensation Committees are made up requirements. Notwithstanding this, directly, as an employee of, or provider of Governors appointed by the Board, an informed waiver of attendance by of professional services to, the Exchange while the Nominating Committee is Non-Industry Board or Committee or a broker or dealer, or indirectly, made up of Non-Industry participants members will satisfy the compositional appointed by the Board, and Member quorum requirements. Thus, if at least 1992) (File Nos. SR–MSE–92–12 and SR–MSE–92– participants elected by the fifty percent of the Non-Industry Board 13) (formalizing the duties of the Committee on Membership.25 The definitions of Non- or Committee members are either Organization and Governance). Industry, Public On-Floor, Off-Floor and present at a meeting or have waived 19 See, e.g., Securities Exchange Act Release No. 34563 (August 19, 1994), 59 FR 44207 (August 26, Member Governors apply equally to their attendance for the meeting after 1994) (File No. SR–CHX–94–15) (increasing Board members of these four committees. As receiving notice of, and an agenda for, membership to accommodate operation of Exchange proposed, not less than fifty percent of such meeting, then the compositional and its clearance, settlement and securities depository subsidiaries as a single entity); the members of the Executive portion of the quorum requirements will Securities Exchange Act Release No. 33901 (April Committee, the Compensation be deemed satisfied.33 12, 1994), 59 FR 18586 (April 19, 1994) (File No. Committee and the Audit Committee SR–CHX–93–28) (including changes to the must be Non-Industry (including at least Executive and Finance Committees, voting powers 26 See proposed Article V, Sec. 4 (Executive of President and Chair and adding definition of one Public Governor on the Committee) and proposed Article IV, Sec. 3 Non-Member Governor); Securities Exchange Act Compensation and Audit Committees), (Nominating Committee) of the Constitution; see Release No. 32488 (June 18, 1993), 58 FR 34284 and the Nominating Committee will be also proposed Article IV, Rule 7 (Compensation (June 24, 1993) (File No. SR–MSE–93–13) (changing composed of fifty percent Non-Industry Committee) and proposed Article IV, Rule 8 (Audit name from Midwest Stock Exchange, Inc. to Committee). Chicago Stock Exchange, Inc.); Release No. 34– 27 See supra notes 8 through 14, pp. 3–4. 22 See proposed Article III, Sec. 2 ‘‘Members of 31633, supra note 18 at page 6 (transferring duties 28 See id. The change to require balanced the Board of Governors’’ of the Constitution. from Chair to President and making Chair part-time, committees will be effective upon approval of the 23 requiring Vice-Chair to be an On-Floor member, The proposed amendments will require a proposed rule change for these committees, except minimum of four On-Floor Member Governor formalizing various standing Board committees, the Nominating Committee. One additional Non- etc.); Securities Exchange Act Release No. 30844 positions and four Off-Floor Member Governor Industry person will be added to the Nominating (June 19, 1992), 57 FR 29106 (June 30, 1992) (File positions. Committee to achieve balance in conjunction with No. SR–MSE–92–07) (conforming certificate of 24 The current Constitution and Rules refer to the 1999 Annual Election. incorporation to previous by-laws and rule those persons who are ‘‘active on the [trading] floor 29 See supra note 16, p. 5 and accompanying text. changes); Securities Exchange Act Release Nos. of the Exchange’’ as floor Governors, although a 30 16468 and 16468A (January 4, 1980, as corrected specific definition is not included. These persons See proposed Article III, Sec. 7 ‘‘Quorum’’ of January 16, 1980) (File No. SR–MSE–79–22, as have been interpreted to include floor members the Constitution. corrected to reference SR–MSE–79–25). acting as, i.e., floor brokers, market makers or 31 See proposed Article V, Sec. 4 ‘‘Membership of 20 See proposed Article III, Sec. 2 ‘‘Members of specialists. The definition of On-Floor is somewhat the Executive Committee’’ of the Constitution the Board of Governors’’ of the Constitution. broader in scope, and will include all persons (Executive Committee); see also proposed Article 21 See id. The current rules also impose residence associated with On-Floor members under the IV, Rule 10 ‘‘Committee Quorum’’ of the Rules requirements on a portion of the affiliated current interpretation. (Audit and Compensation Committees). governors. The proposed amendments will 25 See proposed Article IV, Section 3 32 See Id. eliminate the distinction. ‘‘Nominating Committee’’ of the Constitution. 33 See id. 14156 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

D. Term Limits, Attendance at Board modified) whenever necessary to of the CHX’s Board, Executive Meetings and Recusal Provisions prevent confusion.40 Similarly, the Nominating, Compensation and Audit 46 The next several portions of the reference to member used in the context Committees should increase non- proposal revises gubernatorial term of voting designees is being clarified to partisan participation on these limits, impose an attendance specifically refer to a member of the governing bodies and provide adequate 41 requirement on Board members and Exchange. representation of On-Floor members, ‘‘upstairs firms’’ and investors. The expand the recusal provisions for IV. Discussion interested Governors. The current term changes to the structure of the Board As discussed below, the Commission limits on Board service affect only and Committees are a positive step to has determined at this time to approve affiliated Governors.34 The proposed ensure that no one group will be able to the Exchange’s proposal. The changes impose a three term limit on all dominate the governance of the Commission must approve a proposed elected Board members, regardless of Exchange. The Commission believes rule change if its finds that the proposal affiliation, and partial terms will not that these bodies, as revised, should be is consistent with the requirements of count. After serving three complete more responsive to the interests of the the Act and the rules and regulations terms, a minimum of two years must Exchange and its various constituencies, thereunder that govern the Exchange. elapse before a former Governor can including the public, and thus are The standard by which the Commission again serve on the Board.35 consistent with both the fair must evaluate a proposed rule change is representation requirements of Section The proposed rule changes will also 42 recognize failure to attend at least set forth in Section 19(b) of the Act. 6(b)(3) of the Act and the protection of seventy-five percent of all full Board In addition, Section 6 of the Act investors and the public interest meetings annually as cause for removal establishes specific standards for pursuant to Section 6(b)(5) of the Act. from the Board.36 The CHX has Exchange rules against which the Moreover, the changes should result in Commission must measure CHX’s the more efficient operation of the represented that this removal power 43 will not be implemented in an arbitrary proposal. In evaluating a given Exchange generally, and therefore do fashion.37 proposal, the Commission examines the not impose any unnecessary or Finally, the proposal includes record before it and all relevant factors inappropriate burdens on competition. changes to those provisions of the and necessary information. The CHX Board of Governors is Constitution related to disqualification The Commission finds that the responsible for oversight of all aspects of Governors due to personal interest in proposed rule change is consistent with of Exchange and SRO operations. Over a matter. The text of these provisions the requirements of the Act and the the past ten years, these operations have will be amended to refer to rules and regulations thereunder changed in various ways, and the Board applicable to a national securities has been adjusted to reflect these ‘‘determination’’ of matters rather than 44 just ‘‘adjudication’’ (as currently exchange. In particular, the changes.47 As suggested by this filing, worded). Member Governors will not, Commission believes that the proposal the CHX believes that the recent sale of is consistent with Sections 6(b)(1), (3), its clearance and settlement and however, be precluded from 45 participating in decisions that affect (5), and (8) of the Act. Section 6(b)(1) securities depository subsidiaries members or classes of members in requires that an exchange be organized requires readjustment of Board general, on the grounds of personal and have the capacity to carry out the structure. The Exchange submits that interest.38 purposes of the Act and to comply, and the governors added to the Board when to enforce compliance by its members the subsidiaries were consolidated into E. Technical Amendments and persons associated with its Exchange operations are no longer In addition to the foregoing, the last members with the Act, the rules and necessary, and that a smaller Board will portion of the proposal includes certain regulations thereunder, and the rules of make deliberations more efficient and technical changes to the Constitution the exchange. Section 6(b)(3) of the Act manageable. and rules, for organizational or accuracy requires, among other things, that the The Commission agrees that given the purposes. These include those changes rules of an exchange assure a fair Exchange’s downsizing, a smaller Board necessary throughout the Constitution representation of its members in the may be appropriate. Moreover, as the and Rules to reflect the use of the terms selection of its directors and remaining number of Governors Non-Industry and On-Floor.39 In administration of its affairs. Section (twenty-four) is substantial, and since addition, a number of revisions of the 6(b)(5) requires, among other things, the present restructuring includes an term ‘‘member’’ are included. For that the rules of an exchange be increase in the proportion of non- example, use of the word member in designed, in general, to protect investors affiliated Governors, the Commission connection with operation of the and the public interest. Finally, Section believes that reduction of the number of Nominating Committee, is being 6(b)(8) requires that the rules of an Board members should improve the changed to person (or otherwise exchange not impose any burden on Exchange’s ability to perform its SRO competition not necessary or responsibilities, conduct its business, 34 See current Article IV, Sec. 5 ‘‘Limitation on appropriate in furtherance of the provide fair representation to its Service’’ of the Constitution. purposes of the federal securities laws. members, and adequately protect 35 See proposed Article IV, Sec. 5 ‘‘Limitation on The Commission believes that the investors. Service’’ of the Constitution. proposals to diversify the composition The restructuring of the Board and the 36 See proposed Article III, Sec. 1 ‘‘The Board of Governors’’ of the Constitution. Committees, to include a greater 40 37 Telephone call between Craig Long, Foley & See, e.g., proposed Article IV, Sections 3 proportion of non-affiliated members, Lardner and Mandy Cohen, Division of Market ‘‘Nominating Committee’’ of the Constitution. 41 Regulation, Commission dated February 26, 1998. See e.g., proposed Article IV, Section 14 ‘‘Term 46 See supra, text accompanying notes 19 to 32. ‘Member’ includes Voting Designee’’ of the 38 See proposed Article III, Sec. 3 ‘‘Participation 47 See Securities Exchange Act Release No. 34563 Constitution. in Meeting, Action or Proceeding’’ of the (August 19, 1994), 59 FR 44207 (August 26, 1994) 42 Constitution. 15 U.S.C. 78s(b). (File No. SR–CHX–94–15) (increasing the number of 39 See, e.g., Article IV, Rules 7 and 8 of the Rules 43 15 U.S.C. 78o–3. Board members upon consolidation of the Exchange (regarding the Compensation Committee and the 44 15 U.S.C. 78f(b). and its subsidiaries under one management Audit Committee). 45 15 U.S.C. 78f(1), (3), (5) and (8). structure). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14157 and the redefinition of Public, Non- attendance requirements should sold by the President. It may fix fees and Industry and Member Governors and promote attendance and thus enhance compensation to be paid Governors, members committee members reflect recent participation in Board meetings. of committees and officers. It may fix dues, trends in SRO corporate governance fees, assessments and other charges to be Allowing removal for failure to attend paid by members and member organizations. generally, and ease concerns previously Board meetings should allow It may, for cause, remove any Governor or raised by the Commission. In approving replacement of Board members who are officer of the Exchange. ‘‘Cause’’ shall earlier changes to the Board and its not performing their required duties. include, but not be limited to, failure by a committees, the Commission expressed Extending the recusal provisions to Governor to attend at least seventy-five concerns about domination by include all determinations by Board percent of the Board meetings held in a Governors active on the trading floor of members more appropriately reflects the calendar year. It may fill vacancies in the the Exchange.48 By supplementing the kind of activities that Governors become Board of Governors or the office of Vice non-affiliated representation on these involved in. Chairman who shall serve until the next governing bodies, and imposing annual meeting, and the office of Chairman, Taken as a whole, the changes President, or Non-[Member] Industry compositionally-based quorums, the brought about by the proposed [Committee] committee members of the current proposal should have the effect amendments will have a beneficial Nominating Committee who shall serve until of countering the influence of On-Floor impact on the Board, the Committees the expiration of their term, and shall members, and increasing the influence and the Exchange. The Commission approve all appointments to Committees of unbiased Board and committee believes that the changes will benefit (other than the Nominating Committee) made members. Recognizing a distinction members of the Exchange and investors by the Vice Chairman. It may determine the between Public and Non-Industry particularly and the public interest manner in which its own proceedings and individuals advances this, and requiring the proceedings of any committee of the generally, are consistent with the Exchange shall be conducted. It shall have Public participation in critical areas provisions of the Act, and appropriate power to interpret the Constitution and Rules should enhance the non-partisan for approval at this time.50 of the Exchange and any interpretation oversight of Exchange operations. V. Conclusion thereof made by it shall be final and Inclusion of compositionally-based conclusive. quorums, requiring diversity between For all of the aforementioned reasons, The foregoing specification of the powers Non-Industry and Member participants, the Commission finds that the proposal and authority of the Board of Governors is in further protects such oversight.49 The is consistent with the requirements of furtherance of and not by way of limitation Commission retains some concerns that Section 19(b)(2) of the Act 51 and the of the power and authority of the Board of rules and regulations thereunder Governors to do all things necessary for the the categories of permissible Board government and administration of the members do not include securities applicable to a national securities Exchange, including all such things which industry individuals who are not exchange. are not by statute, by the Certificate of members of the CHX. The increased It is therefore ordered, pursuant to Incorporation or by the Constitution directed participation by Non-Industry and Section 19(b)(2) of the Act,52 that the or required to be done by the members. Public individuals, however, should proposed rule change (SR–CHX–97–36), Members of the Board of Governors provide the balance necessary for as amended, is approved. For the Commission, by the Division of SEC. 2. The Board of Governors shall be unbiased oversight by the Board and the composed of the Vice Chairman of the Board, Committees as a whole. Market Regulation, pursuant to delegated authority.53 the President and [25] 22 Governors (one of The proposal’s remaining changes which shall be appointed Chairman of the should similarly ease and improve the Margaret H. McFarland, Board as hereinafter provided). The Vice operations of the Board and the Deputy Secretary. Chairman of the Board shall be a member, Committees. Eliminating the Addendum general partner in a member firm, or officer geographical distinction for Member of a member corporation [and shall be active Additions are italicized; deletions are Governors should provide the on the floor of the Exchange] who is On- [bracketed]. Floor. [Sixteen] Ten of the [25] 22 Governors Nominating Committee with more shall be [members, general partners of flexibility in its choice of potential Constitution member firms or officers of member Governors and should eliminate an Article III corporations (such Governors sometimes inappropriate arbitrary distinction given hereinafter referred to as ‘‘member Government and Administration CHX’s current national constituency. Governors’’)] Member Governors, of whom at Imposing term limits on all Governors Powers of the Board of Governors lease 4 shall be On-Floor and at lease 4 shall should foster a healthy influx of fresh SEC. 1. The business of the Exchange shall be Off-Floor, and [nine] twelve Governors perspectives on the Board. Setting be managed by its Board of Governors which shall be [unaffiliated with the Exchange or shall be vested with all powers necessary for any broker or dealer in securities (such the government of the Exchange, the Governors sometimes hereinafter referred to 48 See Release No. 34–31633. as ‘‘non-member Governors’’)] Non-Industry, 49 In conversations with the Commission regulation of the business conduct of members and member organizations, and the of whom at least 5 shall be Public. The concerning the compositional quorum Chairman of the Board shall be appointed by requirements, the Exchange expressed concerns promotion of the welfare, objects and about the potential for disruption in operations purposes of the Exchange. Without limiting the Board of Governors [from among the 25] caused by the absence of the non-affiliated members the generality of the foregoing: The Board of and shall be one of the elected Governors (due to the part-time nature of their service) at Governors may establish Rules governing the that is not On-Floor. The President shall be various meetings. The informed waiver of qualifications for membership, the appointed by the Board of Governors to serve participation by Non-Industry Governors and requirements for remaining a member in at its pleasure. The Chairman and the Vice Committee members (which allows non-affiliated good standing and the circumstances under Chairman shall each serve a two-year term in members to review the agenda before a meeting to such capacities. [The initial term of the determine the nature of the matters to be discussed) which a membership owned by a person or organization not in good standing may be Chairman shall end at the first meeting of the addresses this concern, without sacrificing the Board held after the 1994 annual election benefits of the non-affiliate’s non-partisan oversight. meeting of the Exchange.] The members of By viewing the agenda, the non-affiliate member 50 See 15 U.S.C. 78c(f). the Board of Governors (other than the Vice will be able to judge the import of the subjects to 51 15 U.S.C. 78s(b)(2). be discussed and, if necessary, will be able to Chairman of the Board and the President) allocate his or her time to the most important 52 Id. shall be divided into classes; there shall be issues. 53 17 CFR 200.30–3(a)(12). [eight] seven Governors in Class I, [nine] 14158 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices seven Governors in Class II and eight may be otherwise specifically provided by revenues received by the Governor’s or Governors in Class III. [Three] Four members statute, the Certificate of Incorporation, the committee member’s firm or partnership; and of each of Class I, Class II and Class III shall Constitution or Rules. If at least 50 percent (F) does not have a consulting or be [non-member] Non-Industry Governors. At of the Non-Industry Governors are (i) present employment relationship with or provide each annual meeting of the Exchange, at or (ii) have waived their attendance for a professional services to the Exchange and Governors shall be elected to succeed those meeting after receiving an agenda prior to has not had any such relationship or whose terms then expire. The Governors so such meeting, the requirement that not less provided any such services at any time elected shall be identified as being of the than 50 percent of the Non-Industry within the prior three years. same class as the Governors they succeed and Governors be present to constitute the (b) ‘‘Public’’ means a Governor or shall be elected for a term expiring at the quorum shall be deemed satisfied. If a committee member who has no material third succeeding annual election meeting of quorum shall not be present at any meeting business relationship with a broker or dealer the Exchange or until their respective of the Board of Governors, a majority of the or the Exchange. successors in each case are thereafter elected Governors present thereat may adjourn the (c) ‘‘On-Floor’’ when used in the context of and qualified. meeting from time to time, without notice Governors and committee members means Anything in this Section 2 to the contrary other than announcement at the meeting, members who are primarily engaged in notwithstanding, (1) any Governor that is a until a quorum shall be present. business on the Exchange’s trading floor or general partner or officer of a participant of Definitions persons associated with member the Midwest Clearing Corporation or organizations primarily engaged in business Midwest Securities Trust Company SEC. 10. The following terms as used anywhere in the Constitution or the Rules, on the Exchange’s trading floor. (‘‘Participant Governor’’) and is acting as a (d) ‘‘Off-Floor’’ when used in the context of Participant Governor as of November 1, 1995 unless the context indicates otherwise, have the meanings herein specified: Governors and committee members means may continue to serve the remainder of his members and persons associated with or her term[, even if doing so causes the total (a) ‘‘Non-Industry’’ means a Governor or committee member (excluding the Chief member organizations who are not ‘‘On- number of Governors to exceed twenty-five.]; Floor.’’ and (2) the transition to a Board of Governors Executive Officer of the Exchange) who is: (i) a Public Governor or committee (e) ‘‘Member Governor’’ means a Governor as comprised in accordance with this Section who is a member, general partner of a 2, from the Board of Governors as comprised member; (ii) an officer or employee of an issuer of member firm or officer of a member as of September 24, 1997, shall be corporation. implemented as follows. At the 1998 annual securities listed exclusively on the Exchange; election, Class I shall be reduced by two or Article IV Member Governors. At the 1999 annual (iii) any other individual who: (A) is not, or has not served in the prior Meetings of Members, Nominations and election, Class II shall be reduced by four Elections Member Governors. At the 2000 annual three years (or such lesser period as deemed election, Class III shall be reduced by one appropriate by the Exchange, in its Nominating Committee discretion, but not less than one year), as an Member Governor and Class II shall be SEC. 3. There shall be a Nominating officer, director, or employee of a broker or increased by one Member Governor. The Committee composed of five (six to act in Board of Governors shall be increased by dealer and has not had (within the same time period specified above) an ownership interest conjunction with the 1999 Annual Election three Non-Industry Governors by the 1999 and thereafter) [members] persons. Three annual election to serve for staggered terms in a broker or dealer that permits him or her to be engaged in the day-to-day management [members] persons shall be elected at each so as to balance the Classes as determined annual election meeting of the Exchange by the Nominating Committee. of a broker or dealer, excluding an outside director or a director not engaged in the day- from among members, general partners of Participation in Meeting, Action or to-day management of a broker or dealer; member firms and officers of member Proceeding (B) is not an officer, director (excluding an corporations who do not hold any other SEC. 3. No Governor shall be disqualified outside director), or employee of an entity office in the Exchange (‘‘Member Committee from participating in any meeting, action or that owns more than ten percent of the equity members’’). At least one Member Committee proceeding of the Board of Governors by of a broker or dealer, and the broker or dealer member shall be [active on the floor of the reason of having, either personally or as a accounts for more than five percent of the Exchange] On-Floor and at least one Member member of any committee, made prior gross revenues received by the consolidated Committee member shall [not be active on inquiry, examination or investigation of the entity; the floor of the Exchange] be Off-Floor. Two subject under consideration, nor shall any (C) does not own more than five percent of [members other than Member Committee member of any such committee be the equity securities of any broker or dealer, members] other persons on the Committee disqualified from acting as a Governor upon whose investments in brokers or dealers do (three to act in conjunction with the 1999 any appeal from a decision of any committee. not exceed ten percent of his or her net Annual Election and thereafter) shall be But no [person] Governor shall participate in worth, or whose ownership interest does not [unaffiliated with any broker or dealer in the [adjudication] determination of any otherwise permit him or her to be engaged in securities] Non-Industry and shall be matter in which [he] such Governor is the day-to-day management of a broker or appointed annually by the Board of personally interested. Notwithstanding the dealer; Governors at its first meeting held after the foregoing, Member Governors shall not be (D) does not provide and whose firm or annual election meeting of the Exchange deemed to be personally interested in the partnership does not provide professional [(‘‘Non-member Committee members’’)]. Any determination of matters that may effect the services to brokers or dealers that constitute vacancy in Member Committee members members as a whole or certain classes of 20 percent or more of the professional [upon] on the Nominating Committee shall members, and Member Governors shall not revenues received by the Governor or be filed by the remaining [member of] be prohibited from participating in such committee member or 20 percent or more of persons on the Nominating Committee from determinations in the normal course of the gross revenues received by the Governor’s among persons who would have been eligible conducting Exchange business. or committee member’s firm or partnership; for election to such position at the preceding (E) does not provide and whose firm or annual election meeting. Any vacancy in Quorum partnership does not provide professional Non-[member] Industry [Committee] SEC. 7. At all meetings of the Board of services to a director, officer, or employee of committee members shall be filled by the Governors, one-half of the number of a broker, dealer, or corporation that owns 50 Board of Governors. No [member of] person Governors then in office (including not less percent or more of the voting stock of a on the Nominating Committee in any year than 50 percent of the Non-Industry broker or dealer, and such services relate to shall be eligible for election to any office or Governors) shall constitute a quorum for the the director’s, officer’s, or employee’s position in the Exchange for the ensuing year transaction of business and the act of a professional capacity and constitute 20 nor shall [he] such person serve [as a member majority of the Governors present at any percent or more of the professional revenues of] on the Nominating Committee for two meeting at which there is a quorum shall be received by the Governor or committee successive years. At all meetings of the the act of the Board of Governors except as member or 20 percent or more of the gross Nominating Committee, a quorum for the Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14159 transaction of business shall consist of a affiliated with member organizations, occupy candidate or candidates so nominated will be majority of the committee members, senior management positions having opposing only the candidate or candidates of including not less than 50 percent of the substantial responsibility in such member the same category nominated by the Non-Industry committee members. If at least organizations. Nominating Committee. 50 percent of the Non-Industry committee (iii) Having persons on the Board of Term ‘‘Member’’ Includes Voting Designee members are (i) present at or (ii) have filed Governors and the Nominating Committee a waiver of attendance for a meeting after who are interested in and knowledgeable SEC. 14. The word ‘‘member’’ wherever receiving notice of such meeting, the about the various aspects of Exchange used in this Article IV in the context of a requirement that not less than 50 percent of operations and of the securities business and member of the Exchange shall include and the Non-Industry committee members be the activities of the subsidiaries of the also mean the ‘‘voting designee’’ of a member present to constitute the quorum shall be Exchange. organization but shall not include or mean the ‘‘nominee’’ of a member organization. deemed satisfied. Limitation on Service Reporting of Nominating Committee SEC. 5. No [member] Member or Non- Article V SEC. 4(a). After consulting with the Industry Governor[, nor the Chairman nor the Committees President and the Chairman of the Board Vice Chairman of the Board] who has served with respect to the current developments and all [or part] of [two] three consecutive terms Membership of Executive Committee needs of the Exchange which should be in such capacity [(excluding terms expiring SEC. 4. The Executive Committee shall considered in connection with nominations at the first annual meeting of the Exchange)] consist of not less than seven member of the and not later than 30 days preceding each shall be eligible for election [or appointment] Board of Governors, plus the Chairman of the annual election meeting, the Nominating in such capacity except after an interval of Board and the President as ex-officio Committee shall report to the Secretary at least [one year] two years. Notwithstanding members with full voting powers. Not less nominations to be voted on at the annual the foregoing (1) No person who was elected than 50 percent of the committee members election meeting as follows: as a Member Governor, whose term expires shall be Non-Industry. The Chairman of the (i) A Vice Chairman of the Board to serve in either 1998 or 1999 and who will have Board shall be the Chairman of the Executive for two years if his term is then expiring or served all or part of two consecutive terms in Committee. Appointments to the Executive until the end of the unexpired term if the such capacity by the annual election meeting Committee shall be made by the Vice office had been filled by the Board as a result in 1998 or 1999, respectively, shall then be Chairman of the Board with the approval of of a vacancy. eligible for election in such capacity except the Board of Governors. Such appointments (ii) [Eight] Subject to the transition after an interval of at least two years; and (2) shall be made with a view to providing, over provisions of Article III, Sec. 2, seven any Non-Industry Governor whose term time, representation on the Committee to all Governors [five] three of whom shall be expires in either 1998 or 1999 and who will geographical areas in which there are [member] Member Governors and [three] four have served all of three or more consecutive member organizations which support and of whom shall be [non-member] Non- terms in such capacity by the annual election significantly contribute to the strength and Industry Govenors to serve for a term of three meeting in 1998 or 1999, respectively, shall growth of the Exchange and with a view to years, if the Governors whose terms are be eligible for election for one additional having persons on the Executive Committee expiring are [members of] in either Class I or term. Neither the Chairman nor the Vice who are interested in the knowledgeable Class [III] II, or [nine] eight Governors, [six] Chairman of the Board who has served all or about the various aspects of Exchange four of whom shall be [member] Member part of two consecutive terms in such operations and of the securities business and Governors and [three] four whom shall be capacity shall be eligible for election or the activities of the subsidiaries of the [non-member] Non-Industry Governors to appointment in such capacity except after an Exchange. Any Governor may be appointed serve a term of three years, if the Governors interval of at least one year. No [non- a temporary member of the Executive whose terms are expiring are [members of] in member]Non-Industry Governor shall be Committee by the Vice Chairman of the Class [II] III. eligible for election or reelection as a Board during the absence or inability to act (iii) That number of Governors required to Governor of the Exchange upon reaching the of a regular member of the Committee. Such fill any vacancies on the Board of Governors age of 71; however, having been elected or re- temporary appointee shall have all the rights, to serve for any unexpired terms. Any person elected prior to reaching the age of 71 such powers, authority, duties and obligations of nominated to fill a vacancy on the Board of [non-member] Non-Industry Governor shall the regular committeeman until the later Governors shall be of the same category be entitled to complete the term during returns or is again able to act. A majority of ([from the Chicago area or elsewhere, which he or she reached the age of 71. members of the Executive Committee member] Member or [non-member] Non- Nominations by Members (including not less than 50 percent of the Industry) as the Governor he is nominated to Non-Industry committee members), which succeed; SEC. 7. Members may nominate other candidates for the same office or offices as may include ex-officio members, shall (iv) Three Member Committee members of constitute a quorum. If at least 50 percent of the Nominating Committee to act in the candidates nominated by the Nominating Committee. Such nominations shall be by the Non-Industry committee members are (i) connection with the next following annual present at or (ii) have filed a waiver of election meeting; written petition which shall designate the attendance for a meeting after receiving an (b) [The] Subject to the transition candidate by name and office and shall be agenda prior to such meeting, the provisions of Article III, Sec. 2, Nominating signed by the members so nominating. The requirement that not less than 50 percent of Committee shall make its nominations so as petition must be filed with the Secretary at the Non-Industry committee members be to accomplish the following: least 20 days prior to the annual election present to constitute the quorum shall be (i) [Having] Of the [16] 10 [member] meeting. A petition shall not be valid unless deemed satisfied. Member Governors [in Classes I, II and III signed by not less than 10 members. No consist of nine from the Chicago area (at least member may endorse more than one Rules three of whom shall be active on the Floor candidate for the same office, excepting of the Exchange) and seven from elsewhere candidates for members of the Board of Article IV in the United States or Canada, selected with Governors and of the Nominating Committee, Committees a view to providing, over time, representation in which cse as many candidates as there are on the Board to all geographical areas in offices to be filled may be endorsed. In case Compensation Committee which there are member organizations which of any nomination of a candidate or RULE. 7. There shall be a Compensation support and significantly contribute to the candidates for election to the Board of Committee which shall consist of the strength and growth of the Exchange ]at least Governors pursuant to this Section 7, the Chairman of the Board with full voting 4 must be On-Floor and at least 4 must be election of [member] Member Governors powers, and not less than two other Off-Floor, and, of the 12 Non-Industry [from the Chicago area, member Governors Governors[,]. [at] [least one of whom] Not less Governors, at least 5 must be Public. from elsewhere in the United States or than 50 percent of the committee members (ii) Having a Vice Chairman of the Board Canada] and [non-member] Non-Industry shall be [a non-member[ Non-Industry and [member] Member Governors who, if Governors shall be separate so that the Governors (including at least one Public 14160 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Governor). [(Throughout the Rules, the term agenda prior to such meeting, the rule change will become operative on non-member governor shall mean a Governor requirement that not less than 50 percent of April 9, 1998.4 who is unaffiliated with the Exchange or any the Non-Industry committee members be broker or dealer in Securities, as defined in present to constitute the quorum shall be II. Self-Regulatory Organization’s Article III, Section 2 of the Exchange’s deemed satisfied. Statement of the Purpose of, and Constitution).] It shall have the responsibility [FR Doc. 98–7513 Filed 3–23–97; 8:45 am] Statutory Basis for the Proposed Rule of establishing the compensation of the Change President and of coordinating with the BILLING CODE 8010±01±M President to determine a comprehensive In its filing with the Commission, the corporate compensation and benefits policy. Board included statements concerning The comprehensive corporate policy shall SECURITIES AND EXCHANGE the purpose of and basis for the include the structure and the administration COMMISSION proposed rule change and discussed any of the determined compensation policy, the comments it received on the proposed advisability and use of outside consultants, [Release No. 34±39768; File No. SR±MSRB± and a periodic review of the manner in rule change. The texts of these 98±3] which the determined policy is being statements may be examined at the administered. places specified in Item IV below. The Self-Regulatory Organizations; Notice Audit Committee Board has prepared summaries, set forth of Filing and Immediate Effectiveness in Sections A, B, and C below, of the RULE 8. There shall be an Audit of Proposed Rule Change by the Committee which shall have not less than most significant aspects of such Municipal Securities Rulemaking statements. three members, all of whom shall be Board Relating to Rule G±36 Governors, in addition to the Chairman of the A. Self-Regulatory Organization’s Board. [The majority of the voting members March 17, 1998. Statement of the Purpose of, and of the Committee shall not be active on the floor of the Exchange. In the event that the Pursuant to Section 19(b)(1) of the Statutory Basis for, the Proposed Rule Committee is appointed with five or more Securities Exchange Act of 1934 Change 1 2 voting members, two such members shall be, (‘‘Act’’) and Rule 19b–4 thereunder, Rule G–36 requires that a broker, if practicable, non-member] Not less then 50 notice is hereby given that on March 10, dealer or municipal securities dealer percent of the committee members shall be 1998, the Municipal Securities Non-Industry Governors (including at least acting as underwriter in a primary Rulemaking Board (‘‘Board’’ or offering of municipal securities (with one Public Governor). The Chairman of the ‘‘MSRB’’) filed with the Securities and Committee shall be a [non-member] Non- certain limited exceptions) send to the Industry Governor. The Committee shall have Exchange Commission (‘‘Commission’’ Board copies of the official statement the responsibility to annually review with or ‘‘SEC’’) a proposed rule change (SR– and completed Form G–36(OS). The the independent auditors, the scope of their MSRB–98–3). The proposed rule change rule was adopted by the Board for the examination and the cost thereof. It shall is described in Items I and II below, purpose of creating a repository for periodically review with the independent which Items have been prepared by the official statements that would function auditors and the internal auditor, the Board. The Board has designated the Exchange’s internal controls and the much like a public library that stores, proposed rule change as constituting a indexes and provides copies of official adequacy of the internal audit program. It ‘‘non-controversial’’ rule change under shall review the annual ‘‘management letter’’ statements.5 This library 6 was intended and other reports submitted by the paragraph (e)(6) of Rule 19b–4 under the to serve as a central source for independent auditors, and take such action Act which renders the proposal effective information regarding municipal with respect thereto as it may deep upon receipt of this filing by the 3 securities trading in the primary and appropriate. The Committee shall also Commission. The Commission is secondary markets. As originally annually recommend to the Board of publishing this notice to solicit adopted by the Board and approved by Governors independent public accountants comments on the proposed rule change the Commission, Rule G–36 did not for appointment as auditors of the books, from interested persons. records and accounts of the Exchange and its apply to any primary offering that subsidiaries. I. Self-Regulatory Organization’s qualified for an exemption under Committee Quorum Statement of the Terms of Substance of current section (d)(1) of Rule 15c2–12 under the Act, including, among other RULE 10. One-half of its members, the Proposed Rule Change things, commercial paper that qualified including the ex-officio ones, shall constitute The Board has filed with the a quorum of each committee provided for in for the exemption set forth in paragraph Commission a proposed rule change 7 this Article, except for the Committee on (ii) of Rule 15c2–12(d)(1). In 1992, Rule Specialist Assignment and Evaluation, the consisting of an amendment to section G–36 was amended to make commercial Compensation Committee and the Audit (c)(iii) of Rule G–36, on delivery of paper and certain other categories of Committee. For [such] the Committee on official statements, advance refunding municipal securities subject to the rule Specialist Assignment and Evaluation, one- documents, and Forms G–36(OS) and if an official statement in final form had half of its members, not counting ex-officio G–36(ARD) to the Board. The proposed been prepared by or on behalf of the members, shall constitute the number of issuer, thereby extending the reach of committee members required for a quorum. 1 15 U.S.C. 78s(b)(1). Rule G–36 beyond the scope of Rule Ex-officio members may be included for 2 17 CFR 240.19b–4. purposes of determining a quorum, provided 3 On March 4, 1998, pursuant to Rule 19b– 4 that at least one-half of those members 4(e)(b)(iii), the Board provided the required five day Id. present are no ex-officio ones. For the advance notice to the Commission of its intent to 5 See Securities Exchange Act Rel. No. 28081 Compensation Committee and the Audit file this proposed rule change. In this notice, the (June 1, 1990), 55 FR 23333 (June 7, 1990). Board has represented that this proposed rule 6 The library is now known as the Municipal Committee, a quorum for the transaction of   business shall consist of one-half of the change: (1) Will not significantly affect the Securities Information Library (MSIL ) system. committee members, including not less than protection of investors; (2) will not impose any Municipal Securities Information Library and MSIL are registered trademarks of the Board. 50 percent of the Non-Industry members of significant burden on competition; and (3) will not become operative for thirty days after the date of 7 Prior to Rule 15c2–12 amendments adopted by such committees. If at least 50 percent of the this filing. See letter from Ernesto A. Lanza, the Commission on November 10, 1994, this section Non-Industry committee members are (i) Assistant General Counsel, MSRB, to Katherine A. was labeled ‘‘(c)(2).’’ See Securities Exchange Act present at or (ii) have filed a waiver of England, Esq., Assistant Director, Division of Rel. No. 26985 (June 28, 1989), 54 FR 28799 (July attendance for a meeting after receiving an Market Regulation, SEC, dated March 2, 1998. 10, 1989) (Adopting Release for Rule 15c2–12). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14161

15c2–12.8 the 1992 amendment was The Board proposed the rule change C. Self-Regulatory Organization’s adopted because the Board believed to clarify that underwriters of Statement on Comments on the there existed an interest among market commercial paper issues are required to Proposed Rule Change Received From participants in obtaining official submit to the Board the official Members, Participants, or Others statements relating to such municipal statement in final form, if any, prepared Written comments were neither securities. By expanding the scope of by or on behalf of the issuer only once solicited nor received. the rule to include such offerings, the rather than each time outstanding III. Date of Effectiveness of the Board believed a more complete commercial paper is rolled-over. Under Proposed Rule Change and Timing for collection of disclosure documents the amendment, once the official would result and the overall integrity, Commission Action statement for a commercial paper issue efficiency and liquidity of the municipal has been submitted to the Board, such Because the foregoing proposed rule securities market would be increased. change: (i) Does not significantly affect Rule G–36(c)(i) currently requires that official statement would not be required to be submitted in connection with the protection of investors or the public the underwriter in a primary offering of interest; (ii) does not impose any future roll-overs or issuances of new commercial paper send to the Board a significant burden on competition; (iii) tranches of commercial paper, even if it copy of the official statement, if any, was provided to the Commission for its prepared by or on behalf of the issuer is used in connection with such review at least five business days prior within one business day of the bond offering, so long as the official statement to the filing date; and (iv) does not closing.9 Some concern has been has not been modified from the form become operative for 30 days from the expressed that each roll-over under a previously submitted to the Board. If the date of its filing, the proposed rule commercial paper program may official statement is revised or otherwise change has become effective pursuant to technically constitute a primary offering modified (e.g., a periodic revision or a Section 19(b)(3)(A) of the Act and Rule that might trigger the rule’s official modification due to the occurrence of a 19b–4(e)(6) thereunder and will become statement submission requirement if material event), then the revised or operative on April 9, 1998.13 there exists an official statement in final modified official statement would be In particular, the Commission form prepared by or on behalf of the subject to the rule’s submission believes the proposed rule change issuer, even if such official statement requirement the first time it is used in qualifies as a ‘‘non-controversial filing’’ has previously been submitted to the connection with a primary offering of in that the proposed rule change does Board in connection with the initial sale the commercial paper, such as a roll- not significantly affect the protection of of commercial paper under the over or issuance of a new tranche. Such investors or the public interest and does commercial paper program. Such a revised or modified official statement not impose any significant burden on conclusion is not consistent with the would thereafter qualify for the competition. At any time within sixty intent of the Board in adopting Rule G– days of the filing of the proposed rule submission exemption until it is again 36. The Board had sought to build a change, the Commission may summarily revised or modified. library that included a substantially abrogate such rule change if it appears complete set of official statements rather The Board believes the proposed rule to the Commission that such action is than to impose, for reasons unrelated to change is consistent with Section necessary or appropriate in the public the central purpose of building such 15B(b)(2)(C) of the Act.12 The Board interest, for the protection of investors, library, a filing requirement in believes that the proposed rule change or otherwise in furtherance of the connection with each primary will provide greater clarity to brokers, purposes of the Act. offering.10 No purpose is served under dealers and municipal securities dealers IV. Solicitation of Comments these circumstances by having the same in complying with Rule G–36. official statement submitted to the Interested persons are invited to Board repeatedly.11 B. Self-Regulatory Organization’s submit written data, views, and Statement on Burden on Competition arguments concerning the foregoing, 8 Thus, only primary offerings that qualified for including whether the proposed rule the limited placement exemption from Rule 15c2– The Board does not believe that the change is consistent with the Act. 12 under current paragraph (i) of section (d)(1) proposed rule change will impose any Persons making written submissions (formerly section (c)(1)) remained exempt from Rule burden on competition not necessary or G–36. See Securities Exchange Act Rel. No. 32086 should file six copies thereof with the (March 31, 1993), 58 FR 18290 (April 8, 1993) appropriate in furtherance of the Secretary, Securities and Exchange (order approving SR–MSRB–92–7). purposes of the Act, because it would Commission, 450 Fifth Street, NW., 9 The official statement for a commercial paper apply equally to all brokers, dealers and Washington, DC 20549. Copies of the issue is often referred to as an offering memorandum. municipal securities dealers and would submission, all subsequent 10 Form G–36(OS) is also used to assist the Board reduce the burden of complying with amendments, all written statements in invoicing underwriters for underwriting Rule G–36 for brokers, dealers and with respect to the proposed rule assessments that are due under Rule A–13 in municipal securities dealers that change that are filed with the connection with primary offerings. However, as Commission, and all written commercial paper issues fall within the exemption underwrite commercial paper programs. from the underwriting assessment set forth in Rule communications relating to the A–13(a)(ii), this function is not served by requiring 12 Section 15B(b)(2)(C) states in pertinent part that proposed rule change between the that Form G–36(OS) be submitted in connection the rules of the Board ‘‘shall be designed to prevent Commission and any person, other than with each primary offering of commercial paper. fraudulent and manipulative acts and practices, to those that may be withheld from the 11 In contrast, in certain situations where different promote just and equitable principles of trade, to public in accordance with the underwriters or syndicates have underwritten foster cooperation and coordination with persons different portions of the securities offered in a provisions of 5 U.S.C. 552, will be engaged in regulating, clearing, settling, processing single official statement, separate submissions of available for inspection and copying in Form G–36(OS) and of the official statement information with respect to, and facilitating the Commission’s Public Reference transactions in municipal securities, to remove (thereby causing multiple copies of the official Room. Copies of the filing will also be statement to be filed with the Board) serve the impediments to and perfect the mechanism of a free purpose of ensuring that underwriting assessments and open market in municipal securities, and, in available for inspection and copying at are invoiced to the applicable underwriters in the general, to protect investors and the public appropriate amounts. interest.’’ 13 See supra note 3. 14162 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices the Board’s principal offices. All statements concerning the purpose of Exchange would assess the LMM a submissions should refer to File No. and basis for the proposed rule change staffing charge of $1,500 for contracts SR–MSRB–98–3 and should be and discussed any comments it received executed under the first tier (15,000 × submitted by April 14, 1998. on the proposed rule change. The text $0.10), plus $2,000 for contracts of these statements may be examined at executed under the second tier (10,000 For the Commission by the Division of × Market Regulation, pursuant to delegated the places specified in Item IV below. $0.20), for a total staffing charge for authority.14 The self-regulatory organization has December of $3,500. Margaret H. McFarland, prepared summaries, set forth in The staffing charge is intended to Deputy Secretary. Sections A, B and C below, of the most cover the Exchange’s cost of providing [FR Doc. 98–7518 Filed 3–23–98; 8:45 am] significant aspects of such statements. staff to assist the LMM in operating the Book. The Exchange is modifying the BILLING CODE 8010±01±M A. Self-Regulatory Organization’s current charge in order to encourage Statement of the Purpose of, and additional LMMs to participate in the Statutory Basis for, the Proposed Rule LMM Book Pilot Program.6 By SECURITIES AND EXCHANGE Change COMMISSION expanding participation in the program, On October 11, 1996, the Commission the Exchange will improve its [Release No. 34±39764; File No. SR±PCX± approved an Exchange proposal to competitive posture by giving its LMM 98±03] adopt the LMM Book Pilot Program participants the ability to lower under which a limited number of LMMs transaction costs to the customer and Self-Regulatory Organizations; Notice would be permitted to assume of Filing and Immediate Effectiveness thus to heighten competition with other operational responsibility for the options exchanges for order flow in of Proposed Rule Change by the options public limit order book Pacific Exchange, Inc. Relating to a issues included in the Program. (‘‘Book’’) in a limited number of issues The proposal is consistent with Change in the Lead Market Marker (‘‘LMM Book Pilot Program’’ or Staffing Charges Section 6(b) of the Act, in general and ‘‘Program’’).4 On October 28, 1996, the Section 6(b)(4), in particular, in that it March 16, 1998. Commission approved an Exchange is designed to provide for the equitable Pursuant to Section 19(b)(1) of the proposal to establish a staffing charge to allocation of reasonable dues, fees and Securities Exchange Act of 1934 LMMs who participate in the LMM other charges among Exchange (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Book Pilot Program.5 This charge is members. notice is hereby given that on January currently set at $0.50 per contract for each contract executed by the Book B. Self-Regulatory Organization’s 26, 1998, the Pacific Exchange, Inc. Statement on Burden on Competition (‘‘PCX’’ or ‘‘Exchange’’) filed with the under the LMM Book Pilot Program, Securities and Exchange Commission subject to a minimum monthly charge of The Exchange does not believe that (‘‘Commission’’ or ‘‘SEC’’) the proposed $200 and a maximum monthly charge of the proposed rule change will impose rule change as described in Items I, II, $16,000. any burden on competition that is not and III below, which Items have been The Exchange is now proposing to necessary or appropriate in furtherance prepared by the self-regulatory eliminate the current staffing charge and of the purposes of the Act. 3 to replace it with a tiered rate structure. organization. The Commission is C. Self-Regulatory Organization’s publishing this notice to solicit As with the existing staffing charge, the new charge will apply individually to Statement on Comments on the comments on the proposed rule change Proposed Rule Change Received From from interested persons. each LMM who is participating in the Program. It will also continue to apply Members, Participants, or Others I. Self-Regulatory Organization’s to all option contracts executed by the Written comments on the proposed Statement of the Terms of Substance of Book per month in all option issues rule change were neither solicited nor the Proposed Rule Change collectively traded by an LMM under received. the Program. The new rates are as The PCX is proposing to modify its III. Date of Effectiveness of the follows. For up to and including the staffing charge that is currently Proposed Rule Change and Timing for first 15,000 option contracts executed by applicable to Lead Market Makers Commission Action (‘‘LMMs’’) who participate in the the Book in Program issues traded by an Exchange’s LMM Book Pilot Program. LMM per trade month, the charge will The foregoing rule change has become The text of the proposed rule change is be $0.10 per contract. For the next tier, effective pursuant to Section 19(b)(3) of attached as Exhibit A. covering from 15,001 to 30,000 the Act and subparagraph (e) of Rule contracts, the charge will be $0.20 per 19b–4 thereunder because it constitutes II. Self-Regulatory Organization’s contract. For the next tier, covering from or changes a due, fee, or other charge Statement of the Purpose of, and 30,001 to 55,000 contracts, the charge imposed by the Exchange. At any time Statutory Basis for, the Proposed Rule will be $0.30 per contract. For the final within 60 days of the filing of such Change tier, covering all contracts over 55,000 proposed rule change, the Commission In its filing with the Commission, the contracts, the charge will be $0.20 per may summarily abrogate such rule self-regulatory organization included contract. change if it appears to the Commission For example, assume an LMM trades that such action is necessary or 14 17 CFR 200.30–3(a)(12). five option issues under the Program, appropriate in the public interest, for 1 15 U.S.C. 78s(b)(1). and during the month of December, the the protection of investors, or otherwise 2 17 CFR 240.19b–4. Book executed a total of 25,000 in furtherance of the purposes of the 3 On March 12, 1998, PCX submitted Amendment contracts in those five issues. The Act. No. 1, which made a technical correction and clarification to the filing. See Letter from Michael D. Pierson, Senior Attorney, Regulatory Policy, 4 See Exchange Act Release No. 37810 (October 6 Under the terms of the LMM Book Pilot PCX, to Marie Ito, Special Counsel, Division of 11, 1996), 61 FR 54481 (October 18, 1996). Program, no more than nine LMMs are permitted Market Regulation, Commission, dated March 11, 5 See Exchange Act Release No. 37874 (October to participate in the program. Currently, there are 1998. 28, 1996), 61 FR 56597 (November 1, 1996). three LMMs participating in the program. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14163

IV. Solicitation of Comments available for inspection and copying in PSE Options: Trade-Related Charges Interested persons are invited to the Commission’s Public Reference * * * * * submit written data, views and Room, 450 Fifth Street, N.W., arguments concerning the foregoing, Washington, D.C. 20549. Copies of such BOOK EXECUTION CHARGE including whether the proposed rule filing will also be available for change is consistent with the Act. inspection and copying at the principal Charge per contract Persons making written submissions office of the PCX. All submissions should refer to File No. SR–PCX–98–03 1st 10 11th contract should file six copies thereof with the Premium contracts and above Secretary, Securities and Exchange and should be submitted by April 14, Commission, 450 Fifth Street, N.W., 1998. No change .... No change .... No change. Washington, D.C. 20549. Copies of the For the Commission, by the Division of submission, all subsequent Market Regulation, pursuant to delegated This charge does not apply to option 7 amendments, all written statements authority. contracts that are subject to the LMM Book with respect to the proposed rule Margaret H. McFarland, Pilot Program. change that are filed with the Deputy Secretary. Commission, and all written LMM Book [Pilot] Exhibit A—Pacific Exchange, Inc. communications relating to the Program Staffing Charge proposed rule change between the Additions are italicized; deletions are bracketed. [$0.50 per contract, subject to a minimum Commission and any person, other than monthly charge of $200 and a maximum Schedule of Fees and Charges for Exchange those that may be withheld from the monthly charge of $16,000.] public in accordance with the Services provisions of 5 U.S.C. 552, will be * * * * *

Charge per LMM monthly book contracts book Maximum charge per rate contract tier

First 15,000 ...... $0.10 $1,500.00. Next 15,000 ...... 0.20 $3,000.00. Next 25,000 ...... 0.30 $7,500.00 All contracts above 55,000 ...... 0.20 No maximum.

Book staffing charge is applied to the located in the following contiguous economic injury the numbers are monthly total of all book contracts in all counties may be filed until the specified 976000 for Alabama, 976100 for Florida, option issues collectively traded by an LMM date at the above location: Baldwin, and 976200 for Georgia. under the program. Barbour, Butler, Conecuh, Crenshaw, (Catalog of Federal Domestic Assistance [FR Doc. 98–7593 Filed 3–23–98; 8:45 am] Henry, Monroe, and Pike Counties in Program Nos. 59002 and 59008) BILLING CODE 8010±01±M Alabama; Escambia, Holmes, Jackson, Dated: March 13, 1998. Okaloosa, Santa Rosa, and Walton Counties in Florida; and Early and Bernard Kulik, Associate Administrator for Disaster SMALL BUSINESS ADMINISTRATION Seminole Counties in Georgia. The interest rates are: Assistance. [Declaration of Disaster #3066] [FR Doc. 98–7587 Filed 3–23–98; 8:45 am] Percent BILLING CODE 8025±01±P State of Alabama Physical Damage: As a result of the President’s major HOMEOWNERS WITH CREDIT SMALL BUSINESS ADMINISTRATION disaster declaration on March 9, 1998, AVAILABLE ELSEWHERE .... 7.250 and an amendment thereto on March 10, HOMEOWNERS WITHOUT Declaration of Disaster #3057: State of I find that Coffee, Covington, Dale, CREDIT AVAILABLE ELSE- California (Amendment #3) Escambia, Geneva, and Houston WHERE ...... 3.625 Counties in the State of Alabama BUSINESSES WITH CREDIT In accordance with a notice from the constitute a disaster area due to AVAILABLE ELSEWHERE .... 8.000 BUSINESSES AND NON- Federal Emergency Management Agency damages caused by severe storms and PROFIT ORGANIZATIONS dated March 6, 1998, the above- flooding beginning on March 7, 1998 WITHOUT CREDIT AVAIL- numbered Declaration is hereby and continuing. Applications for loans ABLE ELSEWHERE ...... 4.000 amended to include Kern, Riverside, for physical damages may be filed until OTHERS (INCLUDING NON- San Bernardino, San Diego, and Tulare the close of business on May 8, 1998, PROFIT ORGANIZATIONS) Counties in the State of California as a and for loans for economic injury until WITH CREDIT AVAILABLE disaster area due to damages caused by the close of business on December 9, ELSEWHERE ...... 7.125 severe winter storms and flooding 1998 at the address listed below or other For Economic Injury: beginning on February 2, 1998 and locally announced locations: BUSINESSES AND SMALL AGRICULTURAL COOPERA- continuing. Small Business Administration, Disaster TIVES WITHOUT CREDIT In addition, applications for economic Area 2 Office, One Baltimore Place, AVAILABLE ELSEWHERE .... 4.000 injury loans from small businesses Suite 300, Atlanta, GA 30308 located in the contiguous Counties of In addition, applications for economic The number assigned to this disaster Imperial in California; Clark in Nevada, injury loans from small businesses for physical damage is 306606. For and LaPaz and Mohave in Arizona may 7 17 CFR 200.30–3(a)(12). 14164 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices be filed until the specified date at the SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION previously designated location. All other information remains the [Declaration of Disaster #3067] [Declaration of Disaster #3070] same, i.e., the deadline for filing applications for physical damage is State of Mississippi and Contiguous State of South Carolina and April 10, 1998 and for economic injury Parishes in Louisiana Contiguous Counties in North Carolina the termination date is November 9, 1998. Adams County and the contiguous Horry County and the contiguous Counties of Franklin, Jefferson, and Counties of Dillon, Georgetown, and The economic injury number for Wilkinson in the State of Mississippi Marion in the State of South Carolina Nevada is 976300 and for Arizona the and the contiguous Parishes of and Brunswick, Columbus, and Robeson number is 976400. Concordia and Tensas in the State of Counties in the State of North Carolina (Catalog of Federal Domestic Assistance Louisiana constitute a disaster area as a constitute a disaster area as a result of Program Nos. 59002 and 59008) result of damages caused by tornadoes damages caused by severe storms and Date: March 10, 1998. and severe storms that occurred on flooding that occurred January 27–29, Bernard Kulik, February 26, 1998. Applications for 1998. Applications for loans for Associate Administrator for Disaster loans for physical damage disaster as a physical damage disaster as a result of Assistance. result of this disaster may be filed until this disaster may be filed until the close [FR Doc. 98–7590 Filed 3–23–98; 8:45 am] the close of business on May 11, 1998 of business on May 15, 1998 and for BILLING CODE 8025±01±U and for economic injury until the close economic injury until the close of of business on December 14, 1998 at the business on December 16, 1998 at the address listed below or other locally address listed below or other locally SMALL BUSINESS ADMINISTRATION announced locations: announced locations: Small Business Administration, Disaster Small Business Administration, Disaster [Declaration of Disaster #3045] Area 2 Office, One Baltimore Place, Area 2 Office, One Baltimore Place, Suite 300, Atlanta, GA 30308 Suite 300, Atlanta, GA 30308 State of Florida; (Amendment #5) The interest rates are: The interest rates are: In accordance with a notice from the Federal Emergency Management Agency Percent Percent dated March 9, 1998, the above- For Physical Damage: For Physical Damage: numbered Declaration is hereby HOMEOWNERS WITH CREDIT HOMEOWNERS WITH CREDIT amended to include Broward, Flagler, AVAILABLE ELSEWHERE .... 7.250 AVAILABLE ELSEWHERE .... 7.250 Nassau, and St. Johns Counties in the HOMEOWNERS WITHOUT HOMEOWNERS WITHOUT State of Florida as a disaster area due to CREDIT AVAILABLE ELSE- CREDIT AVAILABLE ELSE- damages caused by severe storms, high WHERE ...... 3.625 WHERE ...... 3.625 winds, tornadoes, and flooding BUSINESSES WITH CREDIT BUSINESSES WITH CREDIT beginning on December 25, 1997 and AVAILABLE ELSEWHERE .... 8.000 AVAILABLE ELSEWHERE .... 8.000 continuing. BUSINESSES AND NON- BUSINESSES AND NON- PROFIT ORGANIZATIONS PROFIT ORGANIZATIONS In addition, applications for economic WITHOUT CREDIT AVAIL- WITHOUT CREDIT AVAIL- injury loans from small businesses ABLE ELSEWHERE ...... 4.000 ABLE ELSEWHERE ...... 4.000 located in the contiguous counties of OTHERS (INCLUDING NON- OTHERS (INCLUDING NON- Collier, Dade, Hendry, and Palm Beach PROFIT ORGANIZATIONS) PROFIT ORGANIZATIONS) in the State of Florida, and Camden WITH CREDIT AVAILABLE WITH CREDIT AVAILABLE ELSEWHERE ...... 7.125 ELSEWHERE ...... 7.125 County in the State of Georgia may be For Economic Injury: For Economic Injury: filed until the specified date at the BUSINESSES AND SMALL BUSINESSES AND SMALL previously designated location. Any AGRICULTURAL COOPERA- AGRICULTURAL COOPERA- counties contiguous to the above-name TIVES WITHOUT CREDIT TIVES WITHOUT CREDIT primary counties and not listed herein AVAILABLE ELSEWHERE .... 4.000 AVAILABLE ELSEWHERE .... 4.000 have been previously declared. All other information remains the The numbers assigned to this disaster The numbers assigned to this disaster same, i.e., the deadline for filing for physical damage are 306712 for for physical damage are 307006 for applications for physical damage is Mississippi and 306812 for Louisiana. South Carolina and 307106 for North April 6, 1998 and for economic injury For economic injury the numbers are Carolina. For economic injury the the termination date is October 6, 1998. 976500 for Mississippi and 976600 for numbers are 976900 for South Carolina Louisiana. and 977000 for North Carolina. (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) (Catalog of Federal Domestic Assistance (Catalog of Federal Domestic Assistance Dated: March 10, 1998. Program Nos. 59002 and 59008) Program Nos. 59002 and 59008) Bernard Kulik, Dated: March 12, 1998. Dated: March 16, 1998. Associate Administrator for Disaster Aida Alvarez, John T. Spotila, Assistance. Administrator. Acting Administrator. [FR Doc. 98–7592 Filed 3–23–98; 8:45 am] [FR Doc. 98–7588 Filed 3–23–98; 8:45 am] [FR Doc. 98–7589 Filed 3–23–98; 8:45 am] BILLING CODE 8025±01±U BILLING CODE 8025±01±P BILLING CODE 8025±01±U Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14165

SMALL BUSINESS ADMINISTRATION ACTION: Altered system of records and Security Act, which imposes a duty on # new routine use. the Commissioner of Social Security to [Declaration of Disaster 3065] require of applicants for an SSN such SUMMARY: In accordance with the Texas evidence as may be necessary to Privacy Act (5 U.S.C. 552a(e)(4) and establish the age, citizenship, or alien San Augustine and Polk Counties and (11)), we are issuing public notice of our status, and true identity of such the contiguous Counties of Angelina, intent to alter an existing system of applicants. ‘‘Such evidence’’, for Hardin, Jasper, Liberty, Nacogdoches, records and establish a new routine use, applications for SSNs for individuals Sabine, San Jacinto, Shelby, Trinity, and both in the 09–60–0058—Master Files of who have not attained the age of 18, Tyler in the State of Texas constitute a Social Security Number (SSN) Holders ‘‘shall include the information disaster area as a result of damages and SSN Applications, SSA/OSR, described in’’ section 205(c)(2)(C)(ii). caused by tornadoes and high winds system of records. (For convenience, we That information is the SSNs of the that occurred on February 10, 1998. will refer to this system of records as the parents. Applications for loans for physical SSN System.) The proposed alteration In addition, section 205(c)(2)(C)(ii) damage as a direct result of this disaster and new routine use will allow SSA to requires each parent to furnish to a State may be filed until the close of business obtain the SSNs of the parents on (or political subdivision) the parent’s on May 11, 1998 and for economic applications for SSNs for individuals SSN (or SSNs if there is more than one) injury until the close of business on who have not attained the age of 18 and for the purpose of issuing a birth December 10, 1998 at the address listed to share that information with the certificate, unless the State, in below or other locally announced Secretary of the Treasury for the accordance with regulations issued by locations: purpose of administering those sections the Commissioner of Social Security, of the Internal Revenue Code of 1986 Small Business Administration, Disaster finds good cause for not requiring the which grant tax benefits based on Area 3 Office, 4400 Amon Carter parents to furnish their SSNs. Section support or residence of children. We are 1090(b) requires the States to make Blvd., Suite 102, Ft. Worth, TX 76155 also making non-substantive those parents’ SSNs available to the The interest rates are: housekeeping changes in the notice. Commissioner of Social Security. The We invite public comment on this Commissioner is required to share the Percent publication. parents SSNs, obtained under sections For Physical Damage: DATES: We filed a report of an altered 205(c)(2)(B)(ii) and (C)(ii), with the HOMEOWNERS WITH CREDIT system of records and proposed new Secretary of the Treasury for the AVAILABLE ELSEWHERE .... 7.250 routine use with the Chairman, purpose of administering those sections HOMEOWNERS WITHOUT Committee on Government Reform and of the Internal Revenue Code of 1986 CREDIT AVAILABLE ELSE- Oversight of the House of which grant tax benefits based on WHERE ...... 3.625 Representatives; the Chairman, support or residence of children. BUSINESSES WITH CREDIT Categories of records currently AVAILABLE ELSEWHERE .... 8.000 Committee on Governmental Affairs of the Senate; and the Administrator, collected in the SSN system include BUSINESSES AND NON- name, date and place of birth, sex, both PROFIT ORGANIZATIONS Office of Information and Regulatory WITHOUT CREDIT AVAIL- Affairs, Office of Management and parents’ names, and race/ethnic data but ABLE ELSEWHERE ...... 4.000 Budget on March 9, 1998. The routine does not include the SSNs of parents OTHERS (INCLUDING NON- use will become effective as proposed, provided on applications of individuals PROFIT ORGANIZATIONS) without further notice May 4, 1998, who have not attained the age of 18. In WITH CREDIT AVAILABLE unless we receive comments on or response to the requirements of the ELSEWHERE ...... 7.125 before that date that result in a contrary Taxpayer Relief Act of 1997, we propose For Economic Injury: determination. to alter the categories of records in the BUSINESSES AND SMALL system to include the SSNs of parents ADDRESSES: Interested individuals may AGRICULTURAL COOPERA- provided on applications for SSNs of TIVES WITHOUT CREDIT comment on this publication by writing individuals who have not attained the AVAILABLE ELSEWHERE .... 4.000 to the SSA Privacy Officer, Social age of 18. Security Administration, Room 3–A–6 We are also altering our statement of The numbers assigned to this disaster Operations Building, 6401 Security purpose for the collection of are 306512 for physical damage and Boulevard, Baltimore, Maryland 21235. information to recognize that we collect 975900 for economic injury. Comments may be faxed to (410) 966– the parents’ SSNs for two reasons: (Catalog of Federal Domestic Assistance 0869. All comments received will be 1. As evidence with respect to an Program Nos. 59002 and 59008) available for public inspection at that application for an SSN for an individual Dated: March 10, 1998 address. who has not attained the age of 18, and Aida Alvarez, FOR FURTHER INFORMATION CONTACT: Mr. 2. In order to share parents’ SSNs Administrator. Michael Walker, Social Insurance with the Secretary of the Treasury for [FR Doc. 98–7591 Filed 3–23–98; 8:45 am] Specialist, Office of Disclosure Policy, use in administering those sections of Social Security Administration, 3–C–1 BILLING CODE 8025±01±U the Internal Revenue Code of 1986 Operations Building, 6401 Security which grant tax benefits based on Boulevard, Baltimore, Maryland 21235, support or residence of children. telephone 410–965–8525. We are also proposing to add a SOCIAL SECURITY ADMINISTRATION SUPPLEMENTARY INFORMATION: routine use to the SSN system of records Privacy Act of 1974, as Amended; allowing disclosure of the SSNs of A. Discussion of the Alteration and the parents provided on applications for Altered System of Records and Report Proposed New Routine Use of New Routine Use SSNs of individuals who have not Section 1090(b) of the Taxpayer Relief attained the age of 18 to the Secretary AGENCY: Social Security Administration Act of 1997, Pub. L. 105–34, amends of the Treasury for the purpose of (SSA). section 205(c)(2)(B)(ii) of the Social administering those sections of the 14166 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Internal Revenue Code of 1986 which and the Department of the Treasury) the applications supported by evidence grant tax benefits based on support or Treasury will be better able to suspected or determined to be residence of children. The routine use administer certain parts of the tax code. fraudulent, along with the mailing will read that disclosures will be made: SSA will follow all statutory and addresses of the individuals who filed 8(c) To the Secretary of the Treasury for the regulatory requirements for disclosure. such applications and descriptions of purpose of administering those sections of Thus, we do not anticipate that the the documentation which they the Internal Revenue Code of 1986 which disclosure will have any unwarranted submitted. Cross-references may be grant tax benefits based on support or effect on the privacy or other rights of noted where multiple numbers have residence of children. (As required by individuals. been issued to the same individual and section 1090(b) of the Taxpayer Relief Act an indication may be shown that a of 1997, Pub. L. 105–34, this routine use Dated: March 9, 1998. Kenneth S. Apfel, benefit claim has been made under a applies specifically to SSNs of parents particular SSN(s). shown on an application for an SSN for an Commissioner of Social Security. individual who has not attained the age of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 09±60±0058 18. Sections 205(a) and 205(c)(2) of the A notice of the SSN system, to which SYSTEM NAME: Social Security Act (the Act) (42 U.S.C. the routine use will apply, was last Master Files of Social Security §§ 405(a) and 405(c)(2)). published in the Federal Register at 61 Number (SSN) Holders and SSN PURPOSE(S): FR 33791, June 28, 1996. Applications, SSA/OSR. Information in this system is used by B. Compatibility of Proposed Routine SECURITY CLASSIFICATION: the Social Security Administration Use None. (SSA) to assign SSNs. The information We are proposing the new routine use also is used for a number of discussed above in accordance with the SYSTEM LOCATION: administrative purposes, such as: Privacy Act (5 U.S.C. 552a(a)(7), (b)(3), Social Security Administration, Office • By SSA components for various Old (e)(4) and (e)(11)) and our disclosure of Telecommunications and Systems Age, Survivors and Disability Insurance, regulation (20 CFR part 401). Operations, 6401 Security Boulevard, Supplemental Security Income, and The Privacy Act permits us to disclose Baltimore, MD 21235 Medicare/Medicaid claims purposes information about individuals without Social Security Administration, Office including usage of the SSN itself as a their consent for a routine use, i.e., of Central Records Operations, 300 N. case control number and a secondary where the information will be used for Greene Street, Baltimore, MD 21201 beneficiary cross-reference control a purpose that is compatible with the Records may also be maintained at number for enforcement purposes and purpose for which we collected the contractor sites (contact the system use of the SSN record data for information. Consistent with the Privacy manager at the address below to obtain verification of claimant identity factors Act, under 20 CFR 401.150 we may contractor addresses). and for other claims purposes related to disclose information under a routine use establishing benefit entitlement; for administering our programs, or for CATEGORIES OF INDIVIDUALS COVERED BY THE • By SSA as a basic control for administering similar programs of other SYSTEM: retained earnings information; agencies. In addition, our regulation at This system contains a record of each • By SSA as a basic control and data 20 CFR 401.120, provides that we individual who has applied for and source to prevent issuance of multiple disclose information when a law been assigned an SSN. Also, each SSNs; specifically requires it. The Taxpayer individual who applied for an SSN, but • As the means to identify reported Relief Act of 1997, Pub. L. 105–34, was not assigned one due to the names or SSNs on earnings reports; specifically requires disclosure of the following: • For resolution of earnings information at issue to the Secretary of • His/her application was supported discrepancy cases; the Treasury. Therefore, we find that by documents which are suspected to be • For statistical studies; disclosing the SSNs of parents of fraudulent and are being verified with • By the Office of the Inspector applicants for SSNs who have not the issuing agency, or have been General, Office of Audit Services, for attained the age of 18 serves purposes determined to be fraudulent, or auditing benefit payments under Social that are deemed to be compatible with • Fraud is not suspected, but further Security programs; purposes for which SSA collects the verification of information on his/her • By the Department of Health and information and meets the criteria of the application or additional supporting Human Services (DHHS) Office of Child Privacy Act and the regulation for documents are needed, or Support Enforcement for locating establishment of a routine use. • None of the above applies, but parents who owe child support; processing of the application has not yet • By the National Institute of C. Effect of the Proposal on Individual been completed. Occupational Safety and Health for Rights epidemiological research studies As discussed above, the proposed CATEGORIES OF RECORDS IN THE SYSTEM: required by the Occupational Safety and system alterations and new routine use This system contains all of the Health Act of 1974; will permit SSA to disclose the parents’ information received on applications for • By the DHHS Office of Refugee SSNs at issue to the Secretary of the SSNs (e.g., name, date and place of Resettlement for administering Cuban Treasury for administering those birth, sex, both parents’ names, and refugee assistance payments; and sections of the Internal Revenue Code of race/ethnic data)(and, in the case of an • By the DHHS Health Care Financing 1986 which grant tax benefits based on application for an SSN for an individual Administration for administering Title support or residence of children. who has not attained the age of 18, the XVIII claims. While disclosure will have some SSNs of the parents), and any changes • By the Secretary of the Treasury for impact on the privacy of individuals, in the information on the applications use in administering those sections of (the SSNs of the parents will be known that are submitted by the SSN holders. the Internal Revenue Code of 1986 to the Social Security Administration It also contains information from which grant tax benefits based on Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14167 support or residence of children. 8. To the Department of the Treasury (d) The United States or any agency (Applies specifically to SSNs of parents for: thereof when SSA determines that the provided on applications for SSNs for (a) Tax administration as defined in litigation is likely to affect the individuals who have not attained the section 6103 of the Internal Revenue operations of SSA or any of its age of 18.) Code (IRC) (26 U.S.C. 6103); and components Information in this system is also (b) Investigating the alleged theft, used by SSA to prevent the processing forgery, or unlawful negotiation of is a party to litigation or has an interest of an SSN card application for an Social Security checks. in such litigation, and SSA determines individual whose application is (c) Administering those sections of that the use of such records by DOJ, the identified as having been supported by the Internal Revenue Code of 1986 tribunal, or other party before such evidence that either: which grant tax benefits based on tribunal is relevant and necessary to the • Is suspect and being verified, or support or residence of children. (As litigation, provided, however, that in • Has been determined to be required by section 1090(b) of the each case, SSA determines that such fraudulent. Taxpayer Relief Act of 1997, Pub. L. No. disclosure is compatible with the With this system in place, clerical 105–34, this routine use applies purpose for which the records were investigation and intervention is specifically to SSNs of parents shown collected. required. Social Security offices are on an application for an SSN for an Wage and other information that is alerted when an applicant attempting to individual who has not attained the age subject to disclosure provisions of the obtain an SSN card visits other offices of 18. IRC will not be disclosed under this in an attempt to find one which might 9. To a congressional office in routine use unless disclosure is unwittingly accept fraudulent response to an inquiry from the office expressly permitted by the IRC. documentation. made at the request of the subject of a record. 18. To State audit agencies for ROUTINE USES OF RECORDS MAINTAINED IN THE 10. To the Department of State for auditing State supplementation SYSTEM, INCLUDING CATEGORIES OF USERS AND administering the Act in foreign payments and Medicaid eligibility THE PURPOSES OF SUCH USES: considerations. Disclosure may be made for routine countries through facilities and services 19. To the Social Security agency of uses as indicated below: of that agency. 1. Employers are notified of the SSNs 11. To the American Institute of a foreign country, to carry out the of employees in order to complete their Taiwan for administering the Act on purpose of an international Social records for reporting wages to SSA Taiwan through facilities and services of Security agreement entered into that agency. between the United States and the other pursuant to the Federal Insurance 12. To the Department of Veterans Contributions Act and section 218 of the country, pursuant to section 233 of the Affairs (VA), Philippines Regional Act. Act. Office, for administering the Act in the 2. To Federal, State and local entities 20. To Federal, State, or local agencies Philippines through facilities and for the purpose of administering (or agents on their behalf) for the services of that agency. income-maintenance and health- 13. To the Department of the Interior purpose of validating SSNs used in maintenance programs, where such use for administering the Act in the Trust administering cash or noncash income of the SSN is authorized by Federal Territory of the Pacific Islands through maintenance programs or health statute. facilities and services of that agency. maintenance programs (including 3. To the Department of Justice (DOJ), 14. To the Department of Labor for: programs under the Act). Federal Bureau of Investigation and (a) Administering provisions of the 21. To third party contacts when the United States Attorneys Offices, and to Black Lung Benefits Act; and party to be contacted has, or is expected the Department of the Treasury, United (b) Conducting studies of the to have, information which will verify States Secret Service, for investigating effectiveness of training programs to documents when SSA is unable to and prosecuting violations of the Act. combat poverty. determine if such documents are 4. To the DOJ, Immigration and 15. To VA for the following purposes: Naturalization Service, for the (a) For the purpose of validating SSNs authentic. identification and location of aliens in of compensation recipients/pensioners 22. Upon request, information on the the United States pursuant to requests in order to provide the release of identity and location of aliens may be received under section 290(c) of the accurate pension/compensation data by disclosed to the DOJ, Criminal Division, Immigration and Nationality Act (8 VA to SSA for Social Security program Office of Special Investigations, for the U.S.C. 1360(c)). purposes; and purpose of detecting, investigating, and, 5. To a contractor for the purpose of (b) Upon request, for purposes of when appropriate, taking legal action collating, evaluating, analyzing, determining eligibility for or amount of against suspected Nazi war criminals in aggregating or otherwise refining VA benefits, or verifying other the United States. records when SSA contracts with a information with respect thereto. 23. To the Selective Service System private firm. (The contractor shall be 16. To Federal agencies which use the for the purpose of enforcing draft required to maintain Privacy Act SSN as a numerical identifier in their registration pursuant to the provisions safeguards with respect to such records.) recordkeeping systems, for the purpose of the Military Selective Service Act (50 6. To the Railroad Retirement Board of validating SSNs. U.S.C. App. 462, as amended by section for: 17. To the DOJ, to a court, to another 916 of Pub. L. 97–86). (a) Administering provisions of the tribunal, or to another party before such Railroad Retirement and Social Security tribunal, when: 24. To contractors and other Federal Acts relating to railroad employment; (a) SSA, or any component thereof; or agencies, as necessary, for the purpose and (b) Any SSA employee in his/her of assisting SSA in the efficient (b) Administering the Railroad official capacity; or administration of its programs. We Unemployment Insurance Act. (c) Any SSA employee in his/her contemplate disclosing information 7. To the Department of Energy for its individual capacity when DOJ (or SSA under this routine use only in situations study of the long-term effects of low- when it is authorized to do so) has in which SSA may enter into a level radiation exposure. agreed to represent the employee; or contractual or similar agreement with a 14168 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices third party to assist in accomplishing an including conducting statistical studies RETRIEVABILITY: agency function relating to this system and evaluation projects. Records of SSN holders are indexed of records. 34. Personal identification data (i.e., by both SSN and name. Records of 25. Validated SSN information may be name, SSN, and date of birth) applications that have been denied disclosed to organizations or agencies concerning individuals who apply for, because the applicant submitted such as prison systems that are required or are issued, drivers’ licenses or other fraudulent evidence, or that are being by law to furnish SSA with SSN identification documents may be verified because the evidence is information. verified for State motor vehicle agencies suspected to be fraudulent, are indexed 26. Nontax return information that is (MVA) that issue such licenses or either by the applicant’s name plus not restricted from disclosure by Federal documents. In performing such month and year of birth, or by the law may be disclosed to the General ‘‘verification,’’ SSA may indicate applicant’s name plus the eleven-digit Services Administration and the whether the identifying data furnished reference number of the disallowed National Archives and Records by a State MVA concerning an application. Administration (NARA) for the purpose individual match or do not match data of conducting records management maintained in this system of records, SAFEGUARDS: studies with respect to their duties and and SSA may identify the particular Safeguards for automated records responsibilities under 44 U.S.C. 2904 data elements that do not match. SSA have been established in accordance and 2906, as amended by NARA Act of will not disclose information from this with the Systems Security Handbook. 1984. system of records which does not match This includes maintaining the magnetic 27. Disclosure of SSNs and dates of the information furnished by the State tapes and discs within a secured birth may be made to VA or third parties MVA. enclosure attended by security guards. under contract to that agency for the 35. Information as to whether an Anyone entering or leaving this purpose of conducting VA medical individual is alive or deceased may be enclosure must have a special badge research and epidemiological studies. disclosed pursuant to section 1106(d) of issued only to authorized personnel. 28. SSN information may be disclosed the Social Security Act (42 U.S.C. For computerized records to the Office of Personnel Management 1306(d)), upon request, for purposes of electronically transmitted between (OPM) upon receipt of a request from an epidemiological or similar research Central Office and Field Office locations that agency in accordance with 5 U.S.C. project, provided that: (including organizations administering (a) SSA determines in consultation 8347(m)(3), when OPM needs the SSA programs under contractual with the DHHS, that the research may information in administering its pension agreements), safeguards include a lock/ reasonably be expected to contribute to program for retired Federal Civil Service unlock password system, exclusive use employees. a national health interest; (b) The requester agrees to reimburse of leased telephone lines, a terminal- 29. Upon request by the Department SSA for the costs of providing the oriented transaction matrix, and an of Education, SSNs which are provided information; and audit trail. All microfilm, microfiche, by students to postsecondary (c) The requester agrees to comply and paper files are accessible only by educational institutions may be verified with any safeguards and limitations authorized personnel who have a need as required by Title IV of the Higher specified by SSA regarding rerelease or for the records in the performance of Education Act of 1965 (20 U.S.C. 1091). redisclosure of the information. their official duties. 30. To student volunteers and other 36. In connection with a pilot Expansion and improvement of SSA workers, who technically do not have program, conducted with the telecommunications systems has the status of Federal employees, when Immigration and Naturalization Service resulted in the acquisition of terminals they are performing work for SSA as under 8 U.S.C. 1324a(d)(4) to test equipped with physical key locks. The authorized by law, and they need access methods of verifying that individuals terminals also are fitted with adapters to to personally identifiable information in are authorized to work in the United permit the future installation of data SSA records in order to perform their States, SSA will inform an employer encryption devices and devices to assigned Agency functions. participating in such pilot program that permit the identification of terminal 31. To Federal, State, and local law the identifying data SSN, name and date users. enforcement agencies and private of birth) furnished by an employer RETENTION AND DISPOSAL: security contractors, as appropriate, concerning a particular employee information necessary: match, or do not match, the data All paper forms are retained for five (a) To enable them to protect the maintained in this system of records, years after they have been filmed or safety of SSA employees and customers, and when there is such a match, that entered on tape and the accuracy has the security of the SSA workplace and information in this systems of records been verified. They then are destroyed the operation of SSA facilities, or indicates that the employee is, or is not, by shredding. Electronic, as well as (b) To assist investigations or a citizen of the United States. updated microfilm and microfiche prosecutions with respect to activities records are retained indefinitely. All that affect such safety and security or POLICIES AND PRACTICES FOR STORING, tape, discs, microfilm and microfiche activities that disrupt the operation of RETRIEVING, ACCESSING, RETAINING, AND files are updated periodically. Out-of- DISPOSING OF RECORDS IN THE SYSTEM: SSA facilities. date magnetic tapes and discs are 32. Corrections to information that STORAGE: erased. Out-of-date microfiches are resulted in erroneous inclusion of Records in this system are maintained disposed of by applying heat. individuals in the Death Master File in paper form (e.g., Forms SS–5 (DMF) may be disclosed to recipients of (Application for an SSN card), and SYSTEM MANAGER(S) AND ADDRESS: erroneous DMF information. system generated forms); magnetic Director, Division of Data Support and 33. To State vital records and media (e.g., magnetic tape and disc with Enumeration, Office of Systems statistics agencies, the SSNs of newborn on-line access); in microfilm and Requirements, Social Security children for administering public health microfiche form and on electronic files Administration, 6401 Security and income maintenance programs, (e.g., NUMIDENT and Alpha-Index). Boulevard, Baltimore, MD 21235. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14169

NOTIFICATION PROCEDURES: the National Committee is to advise the work An individual can determine if this Department on policy, technical and Scheduling of WRC 99 system contains a record with operational matters with respect to Unfunded agenda items for WRC 99 information pertaining to him/her by international radiocommunciations Cost recovery providing his/her name, signature, and issues. A related meeting of the ITAC 8. Future Meetings SSN to the address shown under CITEL Permanent Consultative 9. Other Business Committee III—Radiocommunications ‘‘System manager and address’’ above. Draft Agenda—CITEL PCC III— will be held April 2, 1998 at 9:30–11:30 (Furnishing the SSN is voluntary, but it Radiocommunications Preparatory AM, in Room 1406. makes searching for an individual’s Meeting, April 2, 1998, 9:30–11:30 am, The National Committee meeting will record easier and avoids delay.) If the Room 1406 SSN is unknown or no SSN has been consider the preparatory process for ITU assigned because the evidence Radiocommunication meetings, review 1. Opening Remarks and Introduction presented with the application is being radiocommunication matters requiring 2. Review and Approval of Agenda verified or has been determined to be decision at the International 3. Report of CITEL Assembly (March 2– fraudulent, the individual should Telecommunication Union 6, 1998) provide name, signature, date and place Administrative Council meeting May 4. Preparations for PCC III Meeting (June of birth, sex, mother’s birth name, and 20–29, 1998, and review Study Group 8–12, 1998) father’s name, and evidence of identity. and CPM activities. 5. Future Meetings Information in this system of records is The PCC III preparatory meeting will 6. Other Business available to the subjects of the records. review the results of the CITEL [FR Doc. 98–7684 Filed 3–20–98; 10:51 am] Assembly and consider U.S. BILLING CODE 4710±45±M RECORD ACCESS PROCEDURES: preparations for the PCC III meeting Same as notification procedures. Also, June 8–12, 1998 in Sao Paulo. requesters should reasonably specify the Members of the General Public may record contents which they are seeking. attend these meetings and join in the DEPARTMENT OF TRANSPORTATION discussions, subject to the instructions CONTESTING RECORD PROCEDURES: Office of the Secretary of the Chair. Admittance of public Same as notification procedures members will be limited to the seating above. Also, requesters should Reports, Forms and Recordkeeping available. In this regard, entrance to the reasonably identify the record, specify Requirements Agency Information Department of State is controlled. Collection Activity Under OMB Review the information which they are Persons intending to attend the contesting, and state the corrective meeting should send a fax to (202) 647– AGENCY: Office of the Secretary, DOT. action sought and the reasons for the 7407 not later than 24 hours before the ACTION: Notice. correction, with supporting justification meeting. On this fax, please include the showing how the record is incomplete, name of the meeting, your name, social SUMMARY: In compliance with the untimely, inaccurate, or irrelevant. security number, date of birth and Paperwork Reduction Act of 1995 (44 RECORD SOURCE CATEGORIES: organization. One of the following valid U.S.C. 3501 et seq.), this notice announces that the Information Information in this system is obtained photo identifications will be required Collection Request (ICR) abstracted from SSN applicants (or individuals for admittance: U.S. driver’s license below has been forwarded to the Office acting on their behalf). The SSN itself is with your picture on it, U.S. passport, of Management and Budget (OMB) for assigned to the individual as a result of or a U.S. Government identification review and comment. The ICR describes internal processes of this system. (company ID’s are no longer accepted by Diplomatic Security). Enter from the ‘C’ the nature of the information collection SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS Street Main Lobby. and its expected burden. The Federal OF THE ACT: Register Notice with a 60-day comment Dated: March 18, 1998. None. period soliciting comments on the Richard E. Shrum, following collection of information was [FR Doc. 98–7579 Filed 3–23–98; 8:45 am] Executive Director, U.S. ITAC. published on December 17, 1997 [62 FR BILLING CODE 4190±29±P Draft Agenda—ITAC–R National 66172]. Committee, April 2, 1998, 1:30–4 pm, DATES: Comments must be submitted on or before April 23, 1998. DEPARTMENT OF STATE Room 1406 1. Opening Remarks and Introduction FOR FURTHER INFORMATION CONTACT: Ms. [Public Notice #2771] 2. Review and Approval of Agenda Anne Barsanti, Office of Research and Development, Federal Highway United States International 3. Review of ITAC Activities Administration, U.S. Department of Telecommunications Advisory Plenipotentiary preparations Transportation, 6300 Georgetown Pike, Committee (ITAC), Free Flow of Information McLean, VA, 22101–2296, (703) 285– Radiocommunication Sector (ITAC±R): Council Preparations 2102 or (703) 285–2443. Office hours are Notice of Meetings 4. Report on Radiocommunication Advisory Group (January 12–16, from 7:30 a.m. to 4:00 p.m., E.T., The Department of State announces 1998) Monday thru Friday, except Federal that a meeting of the National 5. Preparatory process for ITU holidays. Committee of the Radiocommunciation Radiocommunication Meetings SUPPLEMENTARY INFORMATION: Sector of the U.S. International 6. Report of Study Group and Telecommunication Advisory Conference Preparatory Meeting Federal Highway Administration Committee will be held April 2, 1998, Activities (FHWA) 1:30 PM–4 PM, in Room 1406 of the 7. Recommendations for Administrative Title: Nationwide Survey of Public Department of State, 2201 ‘‘C’’ Street, Council (May 20–29, 1998) Roads Readers. N.W., Washington, D.C. The purpose of Financial resources for post WRC 97 OMB Number: 2125–0562. 14170 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Type of Request: Extension of a DEPARTMENT OF TRANSPORTATION Washington, DC 20503, Attention DOT currently approved collection. Desk Officer. Comments are invited on: Office of the Secretary Affected Public: Paid and whether the proposed collection of information is necessary for the proper complementary subscribers to Public Reports, Forms and Recordkeeping Roads magazine. performance of the functions of the Requirements; Agency Information Department, including whether the Abstract: This study is pursuant to Collection Activity Under OMB Review information will have practical utility; President Clinton’s Executive Order AGENCY: Office of the Secretary, DOT. the accuracy of the Department’s 12862, which requires all agencies to ACTION: Notice. estimate of the burden of the proposed identify their customers, survey their information collection; ways to enhance satisfaction with current services, set SUMMARY: In compliance with the the quality, utility and clarity of the standards for service and measure Paperwork Reduction Act of 1995 (44 information to be collected; and ways to results against them. In addition, a U.S.C. 3501 et seq.), this notice minimize the burden of the collection of nationwide census of readers was announces that the Information information on respondents, including conducted in 1995 to gauge the overall Collection Request (ICR) abstracted the use of automated collection satisfaction of readers and to measure, below has been forwarded to the Office techniques or other forms of information in particular, reader satisfaction with of Management and Budget (OMB) for technology. significant changes that had been made review and comment. The ICR describes A comment to OMB is best assured of in the magazine’s design and content, the nature of the information collection having its full effect if OMB receives it subject scope, and audience. Now, it is and its expected burden. The Federal within 30 days of publication. time to survey a sample of the Register Notice with a 60-day comment Issued in Washington, DC, on March 18, readership and compare the results to period soliciting comments on the 1998. the benchmark established in 1995. following collection of information was Phillip A. Leach, Also, the results of this survey will form published on November 21, 1997 [62 FR Clearance Officer, Department of the basis of a major, direct-mail 62398]. Transportation. campaign to increase the number of DATES: Comments must be submitted on [FR Doc. 98–7558 Filed 3–23–98; 8:45 am] paid subscribers. or before April 23, 1998. BILLING CODE 4910±62±P FOR FURTHER INFORMATION CONTACT: Mr. Estimated Annual Burden Hours: 375 Jack Wasley, Office of Engineering, 202– hours. 366–4658, Federal Highway DEPARTMENT OF TRANSPORTATION ADDRESSES: Send comments to the Administration, Department of Office of Information and Regulatory Transportation, 400 Seventh Street, Coast Guard Affairs, Office of Management and SW., Washington, DC 20590. Office [CGD08±98±010] Budget, 725 17th Street, NW., hours are from 7:45 a.m. to 4:15 p.m., Washington, DC 20503, Attention DOT e.t., Monday through Friday, except Houston/Galveston Navigation Safety Desk Officer. Comments are invited on: Federal holidays. Advisory Committee Meeting whether the proposed collection of SUPPLEMENTARY INFORMATION: AGENCY: Coast Guard, DOT. information is necessary for the proper Federal Highway Administration ACTION: Notice of subcommittee performance of the functions of the (FHWA) meetings. Department, including whether the Title: Preparation and execution of the information will have practical utility; SUMMARY: The two Subcommittees Project Agreement and Modifications. the accuracy of the Department’s (Waterways and Navigation) of the OMB Number: 2125–0529. Houston/Galveston Navigation Safety estimate of the burden of the proposed Type of Request: Extension of a Advisory Committee (HOGANSAC) will information collection; ways to enhance currently approved collection. meet to discuss waterway the quality, utility and clarity of the Form(s): PR–2, PR–2–1, PR–2A. information to be collected; and ways to Affected Public: State highway improvements, aids to navigation, minimize the burden of the collection of agencies. current meters, and various other information on respondents, including Abstract: Under the provisions of 23 navigation safety matters affecting the the use of automated collection U.S.C. 110, a formal agreement between Houston/Galveston area. Both meetings will be open to the public. techniques or other forms of information the State highway agency and the technology. FHWA is required for Federal-aid DATES: The meeting of the Waterways Subcommittee will be held on A comment to OMB is best assured of highway projects. This agreement, referred to as the ‘‘project agreement,’’ is Thursday, April 16, 1998, at 9:30 a.m. having its full effect if OMB receives it in essence a written contract between and immediately following, the 30 days after publication. the State and the Federal government Navigation Subcommittee will meet. Issued in Washington, DC, on March 12, defining the extent of the work to be Members of the public may present 1998. undertaken and commitments made written or oral statements at the Phillip A. Leach, concerning the project. meetings. Clearance Officer, United States Department The requirements covering project ADDRESSES: The subcommittee meetings of Transportation. agreements are contained in 23 CFR part will be held at the Houston Yacht Club, [FR Doc. 98–7557 Filed 3–23–98; 8:45 am] 630, subpart C. 3620 Miramar, La Porte, Texas. Estimated Annual Burden Hours: FOR FURTHER INFORMATION CONTACT BILLING CODE 4910±62±P : 12,040 hours. Captain Kevin Eldridge, Executive ADDRESSES: Send comments to the Director of HOGANSAC, telephone Office of Information and Regulatory (713) 671–5199, or Commander Paula Affairs, Office of Management and Carroll, Executive Secretary of Budget, 725 17th Street, NW., HOGANSAC, telephone (713) 671–5164. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14171

SUPPLEMENTARY INFORMATION: Notice of 3 p.m. Written material and requests to Information on Services for Individuals this meeting is given pursuant to the make oral presentations should reach With Disabilities Federal Advisory Committee Act, 5 the Coast Guard on or before March 20, For information on facilities or U.S.C. App. 2. 1998. Requests to have a copy of your services for individuals with disabilities material distributed to each member of Agendas of the Meetings or to request special assistance at the the committee or subcommittee should meetings, contact the Assistant Subcommittee on Waterways. The reach the Coast Guard on or before Executive Director as soon as possible. tentative agenda includes the following: March 20, 1998. (1) Presentation by each work group Dated: March 18, 1998. of its accomplishments and plans for the ADDRESSES: Both meetings will be held Joseph S. Angelo, future, including aids to navigation at the Channel Inn Hotel, 650 Water Director of Standards, Marine Safety and knockdown discrepancies, Galveston Street SW., Washington, DC. Send Environmental Protection. anchorages update, and the potential written material and requests to make [FR Doc. 98–7632 Filed 3–23–98; 8:45 am] oral presentations to Lieutenant Lionel blockage of the Clear Lake Entrance BILLING CODE 4910±15±M Channel. Mew, Commandant (G–MSO–1), U.S. (2) Review and discuss the work Coast Guard Headquarters, 2100 Second completed by each work group. Street SW., Washington, DC 20593– DEPARTMENT OF TRANSPORTATION Subcommittee on Navigation. The 0001. This notice is available on the tentative agenda includes the following: Internet at http://dms.dot.gov. Federal Aviation Administration (1) Presentation by each work group FOR FURTHER INFORMATION CONTACT: of its accomplishments and plans for the Aviation Rulemaking Advisory future, including ACOE dredging For questions on this notice, contact Committee Meeting on Transport projects, current meters, National Lionel Mew, Assistant Executive Airplane and Engine Issues Weather Service and Baytown Tunnel Director of TSAC, telephone 202–267– 0218, fax 202–267–4570. For questions AGENCY: Federal Aviation removal. Administration (FAA), DOT. (2) Review and discuss the work on this docket, contact Carol Kelly, ACTION: completed by each work group. Coast Guard Dockets Team Leader, or Notice of meeting. Paulette Twine, Chief, Documentary Procedural Services Division, U.S. Department of SUMMARY: This notice announces a Transportation, 202–366–9329. public meeting of the FAA’s Aviation All meetings are open to the public. Rulemaking Advisory Committee Members of the public may make oral SUPPLEMENTARY INFORMATION: Notice of (ARAC) to discuss transport airplane presentations during the meetings. these meetings is given under the and engine issues. Information on Service for the Federal Advisory Committee Act, 5 DATES: The meeting will be held on Handicapped U.S.C. App. 2. April 9, 1998 from 8:00 a.m. Arrange for For information on facilities or Agenda of Meeting oral presentations by April 2, 1998. services for the handicapped or to ADDRESSES: The meeting will be held at request special assistance at the Towing Safety Advisory Committee the U.S. Department of Transportation, meetings, contact the Executive Director (TSAC). The agenda includes the Nassif Building, 400 Seventh Street, as soon as possible. following: SW, Room 3200, Washington, DC 20590. (1) Introduction. Dated: March 11, 1998. Enter the building through the SW lobby located at Seventh and E Streets, SW. T.W. Josiah, (2) Progress report from the working FOR FURTHER INFORMATION CONTACT: Rear Admiral, U.S. Coast Guard, Commander, group on Voyage Planning. Eighth Coast Guard District. (3) Progress report from the working Jackie Smith, Office of Rulemaking, [FR Doc. 98–7636 Filed 3–23–98; 8:45 am] group on the Tank Barge Streamlined FAA, 800 Independence Avenue, SW., Inspection Program. Washington, DC 20591, telephone (202) BILLING CODE 4910±15±M 267–9692. (4) Briefing on Work Vest Snag Hazard Concerns. SUPPLEMENTARY INFORMATION: Pursuant DEPARTMENT OF TRANSPORTATION to section 10(a)(2) of the Federal (5) Status report on the Towing Vessel Advisory Committee Act (Pub. L. 92– Coast Guard Safety Rule. 463; 5 U.S.C. App. II), notice is given of [USCG±1998±3605] Procedural a meeting of the Aviation Rulemaking Advisory Committee to be held April 9, Towing Safety Advisory Committee Both meetings are open to the public. 1998 at the U.S. Department of At the Chairs’ discretion, members of Transportation, 400 Seventh Street, SW, AGENCY: Coast Guard, DOT. the public may make oral presentations Room 3200, Washington, DC. ACTION: Notice of meetings. during the meetings. If you would like The agenda for the meeting will to make an oral presentation at a include: SUMMARY: The Towing Safety Advisory meeting, please notify the Assistant Committee (TSAC) and its working Executive Director no later than March Thursday, April 9, 1998 groups will meet to discuss various 20, 1998. Written material for • Opening Remarks. issues relating to shallow-draft inland distribution at a meeting should reach • Structures Harmonization Working and coastal waterway navigation and the Coast Guard no later than March 20, Group Vote. towing safety. Both meetings will be 1998. If you would like a copy of your • Review and Accept Ice Protection open to the public. material distributed to each member of Working Plan. DATES: TSAC will meet on Wednesday, the committee or subcommittee in • Review Status of Approval for New April 8, 1998, from 9:00 a.m. to 1 p.m. advance of a meeting, please submit 25 Terms of Reference. The working groups will meet on copies to the Executive Director no later • Review Future Meeting Schedule and Tuesday, April 7, 1998, from 9 a.m. to than March 20, 1998. Set Next Meeting. 14172 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Attendance is open to the interested (SPLC) to participate in the Pipeline Seventh Street, SW, Washington, DC public, but will be limited to the space Risk Management Demonstration 20590–0001, (202) 366–5046. available. The public must make Program. OPS has also made a finding (4) 63 FR 7500, ‘‘Pipeline Safety: arrangements by April 2, 1998 to that SPLC’s demonstration project will Environmental Assessment for Risk present oral statements at the meeting. have no significant impacts on the Management Demonstration Project— The public may present written environment. Shell Pipe Line Corporation’’, February statements to the committee at any time ADDRESSES: Comments on this or any 13, 1998. by providing 25 copies to the Assistant other demonstration project will be (5) ‘‘OPS Project Review Team Executive Director for Transport accepted in the Docket throughout the Evaluation of Shell Demonstration Airplane and Engine Issues or by 4-year demonstration period. Comments Project’’. providing copies at the meeting. In should be sent to the Dockets Facility, (6) ‘‘Risk Management Demonstration addition, sign and oral interpretation U.S. Department of Transportation, Project Order’’ for Shell Pipe Line can be made available at the meeting, as Plaza 401, 400 Seventh Street, SW, Corporation, March 18, 1998. well as listening devices, if requested 10 Washington, DC 20590–0001, or you can These documents and other calendar days before the meeting. E-Mail your comments to information pertaining to the SPLC The Structures Harmonization [email protected]. Comments Working Group is requesting a vote to project are accessible to the public via should identify the docket number the Pipeline Risk Management accept a draft notice of proposed RSPA–97–3224. Persons should submit rulemaking (NPRM), regulatory Information System (PRIMIS), at http:// the original comment document and one www.cycla.com/opsdemo. evaluation, and advisory circular (1) copy. Persons wishing to receive concerning Revised Material Strength confirmation of receipt of their Finding of No Significant Impact Properties and Design Values for comments must include a self-addressed (FONSI) Transport Airplanes. Also, the Ice stamped postcard. The Dockets Facility Protection Harmonization Working OPS has reviewed SPLC’s project for is located on the plaza level of the conformity with section 102(2)(c) of the Group is requesting a vote to accept a Nassif Building in Room 401, 400 Statement of Work to develop and National Environmental Policy Act (42 Seventh Street, SW, Washington, DC. U.S.C. 4332), the Council on recommend appropriate changes to the The Dockets Facility is open from 10:00 Federal Aviation Regulations, Joint Environmental Quality implementing a.m. to 5:00 p.m., Monday through regulations (40 CFR 1500–1508), and Aviation Authorities Regulations, and Friday, except on Federal holidays. any associated advisory material related Department of Transportation Order FOR FURTHER INFORMATION CONTACT: 5610.1c, Procedures for Considering to ice protection features in transport Elizabeth Callsen, OPS, (202) 366–4572, category airplanes. Environmental Impacts. OPS conducted Arrangements may be made to present regarding the subject matter of this an Environmental Assessment of SPLC’s statements, request sign, oral document. Contact the Dockets Unit, project (63 FR 7500, ‘‘Pipeline Safety: interpretation, or listening devices, and (202) 366–5046, for docket material. Environmental Assessment for Risk request copies of the documents to be SUPPLEMENTARY INFORMATION: Management Demonstration Project— voted upon by contacting the person Project Authorization Shell Pipe Line Corporation,’’ February listed under the heading FOR FURTHER 13, 1998). On March 18, 1998, OPS, pursuant to INFORMATION CONTACT. OPS received no public comment on 49 U.S.C. 60126, issued SPLC a Risk the Environmental Assessment. Issued in Washington, DC, on March 18, Management Demonstration Project Based on the analysis and conclusions 1998. Order authorizing SPLC to conduct a reached in the Environmental Jean Casciano, risk management project on two Assessment and the analyses conducted Acting Executive Director, Aviation segments of the SPLC-operated pipeline in the above-listed documents, OPS has Rulemaking Advisory Committee. system. OPS has determined, after a found that there are no significant [FR Doc. 98–7604 Filed 3–23–98; 8:45 am] comprehensive review of SPLC’s impacts on the environment associated BILLING CODE 4910±13±M demonstration project, that the project is with this action. The Environmental expected to provide superior safety. More detailed descriptions of all Assessment and the other above-listed DEPARTMENT OF TRANSPORTATION aspects of the SPLC demonstration documents are incorporated by project, including the OPS rationale for reference into this FONSI. To Research and Special Programs approving the project, are available in summarize, the reasons that the project Administration (RSPA), DOT the following documents: will not have a significant effect on the [Docket No. RSPA±97±3224; Notice 12] (1) 62 FR 67932, ‘‘Pipeline Safety: human environment are: Intent To Approve Shell Pipe Line (1) The portfolio of activities SPLC Pipeline Safety: Shell Pipe Line Corporation for the Pipeline Risk will undertake to prevent pipeline Corporation Approved for Pipeline Management Demonstration Program’’, releases from the demonstration Risk Management Demonstration December 30, 1997. segments provide superior protection by Program (2) ‘‘Demonstration Project appropriately addressing the greatest risks. The company will conduct state- AGENCY: Office of Pipeline Safety, DOT. Prospectus: Shell Pipe Line of-the-art inspections to decide if there ACTION: Notice of risk demonstration Corporation’’, available by contacting is past, unknown third party damage, project approval and finding of no Elizabeth M. Callsen at 202–366–4572. while simultaneously carrying out an significant impact. Includes maps of the demonstration segments. aggressive damage prevention program SUMMARY: The Research and Special (3) ‘‘Shell Pipe Line Corporation— to prevent future damage. Also included Programs Administration’s (RSPA) Application for DOT–OPS Risk are community involvement activities Office of Pipeline Safety (OPS) has Management Demonstration Program’’, which include spill modeling and issued a Risk Management available in Docket No. RSPA–97–3224 emergency response drills. Demonstration Project Order at the Dockets Facility, U.S. Department (2) The commodities transported by authorizing Shell Pipe Line Corporation of Transportation, Plaza 401, 400 the two Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14173 demonstration segments (carbon dioxide or misleading information, the March 6, 1998 (7 days after the amended and ethylene) can have little impact on exemption is void ab initio. Petitions to notice of exemption was filed). the human environment, should a revoke the exemption under 49 U.S.C. If the notice contains false or release occur. These reasons are further 10502(d) may be filed at any time. The misleading information, the exemption discussed in the Environmental filing of a petition to revoke will not is void ab initio. Petitions to revoke the Assessment referenced above. automatically stay the transaction. exemption under 49 U.S.C. 10502(d) Issued in Washington, DC on March 19, An original and 10 copies of all may be filed at any time. The filing of 1998. pleadings, referring to STB Finance a petition to revoke will not Richard B. Felder, Docket No. 33520, must be filed with automatically stay the transaction. An original and 10 copies of all Associate Administrator for Pipeline Safety. the Surface Transportation Board, Office pleadings, referring to STB Finance [FR Doc. 98–7605 Filed 3–23–98; 8:45 am] of the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 20423– Docket No. 33553, must be filed with BILLING CODE 4910±60±P 0001. In addition, a copy of each the Surface Transportation Board, Office pleading must be served on: John J. of the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 20423– DEPARTMENT OF TRANSPORTATION Paylor, Associate General Counsel, Consolidated Rail Corporation, 2001 0001. In addition, a copy of each Surface Transportation Board Market Street, 16A, Philadelphia, PA pleading must be served on: Charles A. 19101–1416. Spitulnik, Hopkins & Sutter, 888 [STB Finance Docket No. 33520] Sixteenth Street, N.W., Washington, DC Decided: March 17, 1998. 20006. Consolidated Rail CorporationÐ By the Board, David M. Konschnik, Trackage Rights ExemptionÐThe Director, Office of Proceedings. Decided: March 17, 1998. Wheeling and Lake Erie Railway Vernon A. Williams, By the Board, David M. Konschnik, Director, Office of Proceedings. Company Secretary. Vernon A. Williams, [FR Doc. 98–7617 Filed 3–23–98; 8:45 am] The Wheeling and Lake Erie Railway Secretary. Company (W&LE) has agreed to grant BILLING CODE 4915±00±P [FR Doc. 98–7618 Filed 3–23–98; 8:45 am] local trackage rights to Consolidated Rail Corporation (Conrail) over certain BILLING CODE 4915±00±P railroad trackage, being a portion of DEPARTMENT OF TRANSPORTATION W&LE’s River Line, and more DEPARTMENT OF TRANSPORTATION particularly described as follows: (1) Surface Transportation Board initial rights for a period of 6 months Surface Transportation Board from the date Conrail begins operations [STB Finance Docket No. 33553] [STB Docket No. AB±33 (Sub±No. 119X)] under the trackage rights agreement, or Ventura County Transportation for such extensions of time as may be CommissionÐAcquisition Union Pacific Railroad CompanyÐ mutually agreed, shall begin at the ExemptionÐSouthern Pacific Abandonment ExemptionÐIn Rock, connection between Conrail and W&LE Transportation Company Green and Dane Counties, WI at Shannon Run, OH, in the vicinity of W&LE milepost R–1.5±, and shall Ventura County Transportation On March 4, 1998, Union Pacific extend to the American Electric Power Commission (VCTC), a Class III carrier, Railroad Company (UP) filed with the (AEP) Cardinal Plant at Brilliant, OH, in has filed a verified notice of exemption Surface Transportation Board (Board) a the vicinity of W&LE R–5.0±; and (2) under 49 CFR 1150.41 to acquire petition under 49 U.S.C. 10502 for permanent rights, after the term of the approximately 31.73 miles of rail line exemption from the provisions of 49 initial rights, shall begin at a new from Southern Pacific Transportation U.S.C. 10903 to abandon and connection to be constructed between Company (SP) between milepost 435.07 discontinue service on a line of railroad Conrail’s River Line at milepost 26.40± and milepost 403.34 at Montalvo Station known as the Harvard Subdivision, and W&LE’s River Branch at milepost near Ventura, CA, where the line extending from railroad milepost 119.0 R–3.0±, thence extending on W&LE’s connects with the SP Coast Line (the near Evansville to railroad milepost River Branch to the AEP Cardinal Plant Santa Paula Branch Line).1 134.0 near ‘‘MX’’ (a crossing of at Brilliant, OH, in the vicinity of W&LE VCTC entered into an agreement with Wisconsin & Southern Railroad milepost R–5.0±. SP to purchase the line, and Company near Madison), a distance of The trackage rights exemption will be consummated the transaction on 15.0 miles in Rock, Green and Dane effective on March 19, 1998. The actual October 27, 1995, apparently without Counties, WI. The line traverses U.S. commencement of operations by Conrail appropriate authority from the Board. Postal Service Zip Codes 53536, 53575 pursuant to the trackage rights will Under the agreement, SP retained the and Area 537 (near Madison), and depend upon Conrail’s commercial right to continue to provide freight includes the non-agency rail station of arrangements with AEP, but will not common carrier service over a portion of Oregon at milepost 128.1. take place before the March 19, 1998 the line, but, according to VCTC, VCTC The line does not contain federally effective date. became a carrier at the time of the granted rights-of-way. Any As a condition to this exemption, any purchase in 1995. VCTC did not file its documentation in UP’s possession will employees affected by the trackage verified notice of exemption, as be made available promptly to those rights will be protected by the amended, with the Board until February requesting it. conditions imposed in Norfolk and 27, 1998. VCTC has acknowledged that The interest of railroad employees Western Ry. Co.—Trackage Rights—BN, the effective date of the exemption was will be protected by the conditions set 354 I.C.C. 605 (1978), as modified in forth in Oregon Short Line R. Co.— Mendocino Coast Ry., Inc.—Lease and Abandonment—Goshen, 360 I.C.C. 91 1 This notice of exemption amends and Operate, 360 I.C.C. 653 (1980). supersedes the earlier notice of exemption that (1979). This notice is filed under 49 CFR VCTC had filed, pursuant to 49 CFR 1150.31, on By issuance of this notice, the Board 1180.2(d)(7). If the notice contains false February 10, 1998. is instituting an exemption proceeding 14174 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices pursuant to 49 U.S.C. 10502(b). A final Decided: March 17, 1998. Estimated Number of Respondents/ decision will be issued by June 22, By the Board, David M. Konschnik, Recordkeepers: 1,900. 1998. Director, Office of Proceedings. Estimated Burden Hours Per Any offer of financial assistance Vernon A. Williams, Respondent/Recordkeeper: (OFA) under 49 CFR 1152.27(b)(2) will Secretary. Recordkeeping—20 minutes. be due no later than 10 days after [FR Doc. 98–7616 Filed 3–23–98; 8:45 am] Learning about the law or the form— 5 minutes. service of a decision granting the BILLING CODE 4915±00±P petition for exemption. An offer may be Preparing the form—25 minutes. filed at any time after the filing of the Copying, assembling, and sending the form to the IRS—20 minutes. petition for exemption. For offers filed DEPARTMENT OF THE TREASURY before March 20, 1998, the offer must Frequency of Response: Other (once). have been accompanied by a $900 filing Estimated Total Reporting/ Submission to OMB for Review; Recordkeeping Burden: 2,242 hours. fee. For offers filed on or after March 20, Comment Request 1998, the offer must be accompanied by Clearance Officer: Garrick Shear (202) a $1,000 filing fee. See 49 CFR March 17, 1998. 622–3869, Internal Revenue Service, 1002.2(f)(25) and Regulations Governing The Department of the Treasury has Room 5571, 1111 Constitution Avenue, Fees for Service Performed in submitted the following public NW., Washington, DC 20224. OMB Reviewer: Alexander T. Hunt Connection with Licensing and Related information collection requirement(s) to (202) 395–7860, Office of Management Services—1998 Update, STB Ex Parte OMB for review and clearance under the and Budget, Room 10226, New No. 542 (Sub–No. 2) (STB served Feb. Paperwork Reduction Act of 1995, Executive Office Building, Washington, 18, 1998). Public Law 104–13. Copies of the All interested persons should be submission(s) may be obtained by DC 20503. aware that, following abandonment of calling the Treasury Bureau Clearance Lois K. Holland, rail service and salvage of the line, the Officer listed. Comments regarding this Departmental Reports Management Officer. line may be suitable for other public information collection should be [FR Doc. 98–7526 Filed 3–23–98; 8:45 am] use, including interim trail use. Any addressed to the OMB reviewer listed BILLING CODE 4830±01±P request for a public use condition under and to the Treasury Department 49 CFR 1152.28 or for trail use/rail Clearance Officer, Department of the banking under 49 CFR 1152.29 will be Treasury, Room 2110, 1425 New York DEPARTMENT OF THE TREASURY due no later than April 13, 1998. Each Avenue, NW., Washington, DC 20220. trail use request must be accompanied Dates: Written comments should be Submission to OMB for Review; by a $150 filing fee. See 49 CFR received on or before April 23, 1998 to Comment Request be assured of consideration. 1002.2(f)(27). March 17, 1998. All filings in response to this notice Internal Revenue Service (IRS) The Department of the Treasury has must refer to STB Docket No. AB–33 submitted the following public (Sub-No. 119X) and must be sent to: (1) OMB Number: 1545–1572. information collection requirement(s) to Surface Transportation Board, Office of Regulation Project Number: REG– OMB for review and clearance under the the Secretary, Case Control Unit, 1925 K 120200–97 NPRM, Temporary and Paperwork Reduction Act of 1995, Street, N.W., Washington, DC 20423– Final. Public Law 104–13. Copies of the 0001, and (2) Joseph D. Anthofer, Union Type of Review: Extension. submission(s) may be obtained by Pacific Railroad Company, 1416 Dodge Title: Election Not to Apply Look- calling the Treasury Bureau Clearance Street, Room 830, Omaha, NE 68179– Back Method in De Minimis Cases. Description: The temporary and 0830. Officer listed. Comments regarding this Persons seeking further information proposed regulations provides rules for information collection should be concerning abandonment procedures electing the benefits of section 460(b)(6) addressed to the OMB reviewer listed may contact the Board’s Office of Public regarding not applying the look-back and to the Treasury Department Services at (202) 565–1592 or refer to method to long-term contracts de Clearance Officer, Department of the the full abandonment or discontinuance minimis cases. Treasury, Room 2110, 1425 New York Respondents: Business or other for- regulations at 49 CFR part 1152. Avenue, NW., Washington, DC 20220. profit. Dates: Written comments should be Questions concerning environmental Estimated Number of Respondents: issues may be directed to the Board’s received on or before April 23, 1998 to 20,000. be assured of consideration. Section of Environmental Analysis Estimated Burden Hours Per (SEA) at (202) 565–1545. [TDD for the Respondent: 12 minutes. Internal Revenue Service (IRS) hearing impaired is available at (202) Frequency of Response: Other (once). OMB Number: 1545–1574. 565–1695.] Estimated Total Reporting Burden: Form Number: IRS Form 1098–T. An environmental assessment (EA) (or 4,000 hours. Type of Review: Extension. environmental impact statement (EIS), if OMB Number: 1545–1584. Title: Tuition Payments Statements. necessary) prepared by SEA will be Form Number: IRS Form 8859. Description: Section 6050S of the served upon all parties of record and Type of Review: Revision. Internal Revenue Code requires eligible upon any agencies or other persons who Title: District of Columbia First-Time education institutions to report certain commented during its preparation. Homebuyer Credit. information to the IRS and to students. Other interested persons may contact Description: Form 8859 is used to Form 1098–T has been developed to SEA to obtain a copy of the EA (or EIS). claim the District of Columbia First- meet this requirement. EAs in these abandonment proceedings Time Homebuyer Credit. The Respondents: Business or other for- normally will be made available within information collected will be used to profit, Not-for-profit institutions. 60 days of the filing of the petition. The verify that the credit was computed Estimated Number of Respondents/ deadline for submission of comments on correctly. Recordkeepers: 7,000. the EA will generally be within 30 days Respondents: Individuals or Estimated Burden Hours Per of its service. households. Respondent/Recordkeeper: 7 minutes. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14175

Frequency of Response: Annually. ADDRESS: 199 Water Street, New York, surety on Federal Bonds is hereby Estimated Total Reporting/ NY 10038 PHONE: (212) 412–0700. issued to the following company under Recordkeeping Burden: 2,420,000 hours. UNDERWRITING LIMITATION b/: 31 U.S.C. 9304 to 9308. Federal bond- OMB Number: 1545–1576. $7,512,000. SURETY LICENSES c/: AK, approving officers should annotate their Form Number: IRS Form 1098–E. AZ, CO, CT, DE, DC, FL, GA, HI, ID, IL, reference copies of the Treasury Circular Type of Review: Extension. IN, IA, KS, KY, ME, MD, MA, MI, MN, 570, 1997 Revision, on page 35563 to Title: Student Loan Interest MS, MO, MT, NE, NV, NJ, NM, NY, NC, reflect this addition: Heart of America Statement. ND, OH, PA, RI, SC, SD, TN, TX, UT, Fire and Casualty Company. BUSINESS Description: Section 6050S(b)(2) of VT, VA, WA, WV, WI, WY. ADDRESS: 518 Stuyvesant Avenue, the Internal Revenue Code requires INCORPORATED IN: New York. Lyndhurst, NJ 07071. PHONE: (201) persons (financial institutions, Certificates of Authority expire on 438–7223. UNDERWRITING governmental units, etc.) to report $600 June 30 each year, unless revoked prior LIMITATION b/: $568,000. SURETY or more of interest paid on student loans to that date. The Certificates are subject LICENSES c/: AL, AK, AR, CO, DC, FL, to the IRS and the students. to subsequent annual renewal as long as GA, ID, IL, IN, IA, KS, KY, MO, MT, Respondents: Business or other for- the companies remain qualified (31 CFR NM, OH, OR, SC, SD, TX, UT, WI, WY. profit, Not-for-profit institutions, State, Part 223). A list of qualified companies INCORPORATED IN: Missouri. Local or Tribal Government. is published annually as of July 1 in Certificates of Authority expire on Estimated Number of Respondents/ Treasury Department Circular 570, with June 30 each year, unless revoked prior Recordkeepers: 200,000. details as to underwriting limitations, to that date. The Certificates are subject Estimated Burden Hours Per areas in which licensed to transact Respondent/Recordkeeper: 3 minutes. to subsequent annual renewal as long as surety business and other information. the companies remain qualified (31 CFR Frequency of Response: Annually. The Circular may be viewed and Part 223). A list of qualified companies Estimated Total Reporting/ downloaded through the Internet (http:/ is published annually as of July 1 in Recordkeeping Burden: 750,000 hours. /fms.treas.gov/c570.html) or through our Treasury Department Circular 570, with Clearance Officer: Garrick Shear (202) computerized public bulletin board details as to underwriting limitations, 622–3869, Internal Revenue Service, system (FMS Inside Line) at (202) 874– areas in which licensed to transact Room 5571, 1111 Constitution Avenue, 6887. A hard copy may be purchased surety business and other information. NW., Washington, DC 20224. from the Government Printing Office OMB Reviewer: Alexander T. Hunt (GPO), Subscription Service, The Circular may be viewed and (202) 395–7860, Office of Management Washington, DC, telephone (202) 512– downloaded through the Internet (http:/ and Budget, Room 10226, New 1800. When ordering the Circular from /www.fms.treas.gov/c570/index.html) Executive Office Building, Washington, GPO, use the following stock number: or through our computerized public DC 20503. 048000–00509–8. bulletin board system (FMS Inside Line) Lois K. Holland, Questions concerning this Notice may at (202) 874–6887. A hard copy may be Departmental Reports Management Officer. be directed to the U.S. Department of purchased from the Government [FR Doc. 98–7527 Filed 3–23–98; 8:45 am] the Treasury, Financial Management Printing Office (GPO), Subscription Service Washington, DC, telephone BILLING CODE 4830±01±P Service, Funds Management Division, Surety Bond Branch, 3700 East-West (202) 512–1800. When ordering the Highway, Room 6A11, Hyattsville, MD Circular from GPO, use the following DEPARTMENT OF THE TREASURY 20782. stock number: 048000–00509–8. Dated: March 10, 1998. Questions concerning this Notice may Fiscal Service Charles F. Schwan III, be directed to the U.S. Department of the Treasury, Financial Management Surety Companies Acceptable on Director, Funds Management Division, Financial Management Service. Service, Funds Management Division, Federal Bonds: AXA Global Risks US Surety Bond Branch, 3700 East-West Insurance Company [FR Doc. 98–7663 Filed 3–23–98; 8:45 am] BILLING CODE 4810±35±M Highway, Room 6A11, Hyattsville, MD AGENCY: Financial Management Service, 20782. Fiscal Service, Department of the Dated: March 10, 1998. Treasury. DEPARTMENT OF THE TREASURY Charles F. Schwan III, ACTION: Notice. Fiscal Service Director, Funds Management Division, Financial Management Service. SUMMARY: This is Supplement No. 11 to the Treasury Department Circular 570; Surety Companies Acceptable on [FR Doc. 98–7661 Filed 3–23–98; 8:45 am] 1997 Revision, published July 1, 1997, Federal Bonds: Heart of America Fire BILLING CODE 4810±35±M at 62 FR 35548. and Casualty Company FOR FURTHER INFORMATION CONTACT: AGENCY: Financial Management Service, DEPARTMENT OF THE TREASURY Surety Bond Branch at (202) 874–6905. Fiscal Service, Department of the SUPPLEMENTARY INFORMATION: A Treasury. Fiscal Service Certificate of Authority as an acceptable ACTION: Notice. surety on Federal Bonds is hereby Surety Companies Acceptable on issued to the following company under SUMMARY: This is Supplement No. 12 to Federal Bonds: Service Insurance Sections 9304 to 9308, Title 31, of the the Treasury Department Circular 570; Company United States Code. Federal bond- 1997 Revision, published July 1, 1997, approving officers should annotate their at 62 FR 35548. AGENCY: Financial Management Service, reference copies of the Treasury Circular FOR FURTHER INFORMATION CONTACT: Fiscal Service, Department of the 570, 1997 Revision, on page 35553 to Surety Bond Branch at (202) 874–6779. Treasury. reflect this addition: AXA Global Risks SUPPLEMENTARY INFORMATION: A ACTION: Notice. US Insurance Company. BUSINESS Certificate of Authority as an acceptable 14176 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

SUMMARY: This is Supplement No. 13 to DEPARTMENT OF VETERANS collection of information on the Treasury Department Circular 570; AFFAIRS respondents, including through the use of automated collection techniques or 1997 Revision, published July 1, 1997, [OMB Control No. 2900±0143] at 62 FR 35548. the use of other forms of information technology. FOR FURTHER INFORMATION CONTACT: Proposed Information Collection Activity: Proposed Collection; Title: Offer to Rent on Month-To- Surety Bond Branch at (202) 874–6765. Comment Request Month Basis and Credit Statement of Prospective Tenant, VA Form 26–6725. SUPPLEMENTARY INFORMATION: A AGENCY: Veterans Benefits OMB Control Number: 2900–0143. Certificate of Authority as an acceptable Administration, Department of Veterans Type of Review: Extension of a surety on Federal Bonds is hereby Affairs. currently approved collection. issued to the following company under ACTION: Notice. Abstract: The form is used to establish 31 U.S.C. 9304 to 9308. Federal bond- the landlord-tenant relationship when approving officers should annotate their SUMMARY: The Veterans Benefits properties acquired by VA, through reference copies of the Treasury Circular Administration (VBA), Department of operation of the guaranteed and direct 570, 1997 Revision, on page 35574 to Veterans Affairs, is announcing an home loan programs, are rented. VA reflect this addition: Service Insurance opportunity for public comment on the Form 26–6725 states the responsibilities Company. BUSINESS ADDRESS: P.O. proposed collection of certain of the parties, provides evidence of Box 9729, Bradenton, FL, 34206–9729. information by the agency. Under the tender and acceptance of rental PHONE: (941) 746–4107. Paperwork Reduction Act (PRA) of payments, and provides credit UNDERWRITING LIMITATION b/: 1995, Federal agencies are required to information for evaluating the $528,000. SURETY LICENSES c/: AL, publish notice in the Federal Register prospective tenant’s ability to meet FL, GA, SC, TN. INCORPORATED IN: concerning each proposed collection of rental payments. Without this form, VA Florida. information, including each proposed would have to prepare individual extension of a currently approved leases. Certificates of Authority expire on collection, and allow 60 days for public Affected Public: Individuals or June 30 each year, unless revoked prior comment in response to the notice. This households—Business or other for- to that date. The Certificates are subject notice solicits comments on the credit profit. to subsequent annual renewal as long as statement and rental offer executed by Estimated Annual Burden: 33 hours. the companies remain qualified (31 CFR prospective tenants of properties owned Estimated Average Burden Per Part 223). A list of qualified companies by VA. Respondent: 20 minutes. is published annually as of July 1 in DATES: Written comments and Frequency of Response: Generally one Treasury Department Circular 570, with recommendations on the proposed time. details as to underwriting limitations, collection of information should be Estimated Number of Respondents: areas in which licensed to transact received on or before May 26, 1998. 100. surety business and other information. ADDRESSES: Submit written comments Dated: March 5, 1998. The Circular may be viewed and on the collection of information to By direction of the Secretary. downloaded through the Internet Nancy J. Kessinger, Veterans Benefits Donald L. Neilson, Administration (20S52), Department of (http://www.fms.treas.gov/c570/ Director, Information Management Service. index.html) through our computerized Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420. Please refer [FR Doc. 98–7653 Filed 3–23–98; 8:45 am] public bulletin board system (FMS BILLING CODE 8320±01±P Inside Line) at (202) 874–6887. A hard to ‘‘OMB Control No. 2900–0143’’ in copy may be purchased from the any correspondence. Government Printing Office (GPO), FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF VETERANS Subscription Service, Washington, DC, Nancy J. Kessinger at (202) 273–5079 or AFFAIRS FAX (202) 275–5146. telephone (202) 512–1800. When [OMB Control No. 2900±0032] ordering the Circular from GPO, use the SUPPLEMENTARY INFORMATION: Under the following stock number: 048000–00509– PRA of 1995 (Pub. L. 104–13; 44 U.S.C., Proposed Information Collection 8. 3501–3520), Federal agencies must Activity: Proposed Collection; obtain approval from the Office of Comment Request Questions concerning this Notice may Management and Budget (OMB) for each be directed to the U.S. Department of collection of information they conduct AGENCY: Veterans Benefits the Treasury, Financial Management or sponsor. This request for comment is Administration, Department of Veterans Service, Funds Management Division, being made pursuant to Section Affairs. Surety Bond Branch, 3700 East-West 3506(c)(2)(A) of the PRA. ACTION: Notice. Highway, Room 6A11, Hyattsville, MD With respect to the following 20782. collection of information, VBA invites SUMMARY: The Veterans Benefits Dated: March 11, 1998. comments on: (1) Whether the proposed Administration (VBA), Department of collection of information is necessary Veterans Affairs, is announcing an Charles F. Schwan III, for the proper performance of VBA’s opportunity for public comment on the Director, Funds Management Division, functions, including whether the proposed collection of certain Financial Management Service. information will have practical utility; information by the agency. Under the [FR Doc. 98–7662 Filed 3–23–98; 8:45 am] (2) the accuracy of VBA’s estimate of the Paperwork Reduction Act (PRA) of BILLING CODE 4810±35±M burden of the proposed collection of 1995, Federal agencies are required to information; (3) ways to enhance the publish notice in the Federal Register quality, utility, and clarity of the concerning each proposed collection of information to be collected; and (4) information, including each proposed ways to minimize the burden of the extension of a currently approved Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14177 collection, and allow 60 days for public employment; original verification of Nancy J. Kessinger, Veterans Benefits comment in response to the notice. This assets; and original credit report. VA Administration (20S52), Department of notice solicits comments on the report Form 26–1820 provides VA with the Veterans Affairs, 810 Vermont Avenue, and certification of guaranteed or necessary information on the loan and NW, Washington, DC 20420. Please refer insured loan disbursements. property sufficient for loan examination to ‘‘OMB Control No. 2900–0020’’ in DATES: Written comments and determinations and verification of any correspondence. recommendations on the proposed compliance with Title 38 U.S.C. Chapter FOR FURTHER INFORMATION CONTACT: collection of information should be 37. Nancy J. Kessinger at (202) 273–7079 or received on or before May 26, 1998. Affected Public: Business or other for- FAX (202) 275–5146. profit. ADDRESSES: Submit written comments SUPPLEMENTARY INFORMATION: Under the Estimated Annual Burden: 130,000 on the collection of information to PRA of 1995 (Public Law 104–13; 44 hours. Nancy J. Kessinger, Veterans Benefits U.S.C., 3501–3520), Federal agencies Estimated Average Burden Per Administration (20S52), Department of must obtain approval from the Office of Respondent: 30 minutes. Veterans Affairs, 810 Vermont Avenue, Management and Budget (OMB) for each NW, Washington, DC 20420. Please refer Frequency of Response: Generally one collection of information they conduct to ‘‘OMB Control No. 2900–0032’’ in time per loan disbursement. or sponsor. This request for comment is any correspondence. Estimated Number of Respondents: being made pursuant to Section FOR FURTHER INFORMATION CONTACT: 260,000. 3506(c)(2)(A) of the PRA. Nancy J. Kessinger at (202) 273–5079 or Dated: March 5, 1998. With respect to the following FAX (202) 275–5146. By direction of the Secretary. collection of information, VBA invites SUPPLEMENTARY INFORMATION: Under the Donald L. Neilson, comments on: (1) Whether the proposed PRA of 1995 (Public Law 104–13; 44 Director, Information Management Service. collection of information is necessary U.S.C. 3501–3520), Federal agencies [FR Doc. 98–7654 Filed 3–23–98; 8:45 am] for the proper performance of VBA’s must obtain approval from the Office of functions, including whether the BILLING CODE 8320±01±P Management and Budget (OMB) for each information will have practical utility; collection of information they conduct (2) the accuracy of VBA’s estimate of the or sponsor. This request for comment is DEPARTMENT OF VETERANS burden of the proposed collection of being made pursuant to Section AFFAIRS information; (3) ways to enhance the 3506(c)(2)(A) of the PRA. quality, utility, and clarity of the With respect to the following [OMB Control No. 2900±0020] information to be collected; and (4) collection of information, VBA invites ways to minimize the burden of the comments on: (1) Whether the proposed Proposed Information Collection collection of information on collection of information is necessary Activity: Proposed Collection; respondents, including through the use for the proper performance of VBA’s Comment Request of automated collection techniques or functions, including whether the AGENCY: Veterans Benefits the use of other forms of information information will have practical utility; Administration, Department of Veterans technology. (2) the accuracy of VBA’s estimate of the Affairs. Title: Designation of Beneficiary, VA burden of the proposed collection of Form 29–336. ACTION: Notice. information; (3) ways to enhance the OMB Control Number: 2900–0020. quality, utility, and clarity of the SUMMARY: The Veterans Benefits Type of Review: Extension of a information to be collected; and (4) Administration (VBA), Department of currently approved collection. ways to minimize the burden of the Veterans Affairs (VA), is announcing an Abstract: The form letter is used by collection of information on opportunity for public comment on the the insured to designate a beneficiary respondents, including through the use proposed collection of certain and select an optional settlement to be of automated collection techniques or information by the agency. Under the used when the insurance matures by the use of other forms of information Paperwork Reduction Act (PRA) of death. The information is used by VA to technology. 1995, Federal agencies are required to determine who is eligible to receive the Title: Report and Certification of Loan publish notice in the Federal Register proceeds of the insurance. Disbursement, VA Form 26–1820. concerning each proposed collection of OMB Control Number: 2900–0032. Affected Public: Individuals or information, including each proposed Type of Review: Extension of a households. extension of a currently approved currently approved collection. Estimated Annual Burden: 13,917 collection, and allow 60 days for public Abstract: The form is completed by hours. comment in response to the notice. This lenders closing VA guaranteed and Estimated Average Burden Per notice solicits comments on the insured loans under the automatic or Respondent: 10 minutes. information needed to designate a prior approval procedures. Such loans Frequency of Response: On occasion. beneficiary and select an optional are not subject to prior approval of VA. settlement to be used when the Estimated Number of Respondents: Lenders are required to submit with VA insurance matures by death. 83,500. Form 26–1820 a copy of the loan Dated: March 5, 1998. application (showing income, assets, DATES: Written comments and and obligations) which the lender recommendations on the proposed By direction of the Secretary: requires the borrower to execute when collection of information should be Donald L. Neilson, applying for the loan; original received on or before May 26, 1998. Director, Information Management Service. employment and income verifications ADDRESSES: Submit written comments [FR Doc. 98–7655 Filed 3–23–98; 8:45 am] obtained from the borrower’s place of on the collection of information to BILLING CODE 8320±01±P 14178 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

DEPARTMENT OF VETERANS of automated collection techniques or publish notice in the Federal Register AFFAIRS the use of other forms of information concerning each proposed collection of technology. information, including each proposed [OMB Control No. 2900ÐNEW (VR&C)] Title: Vocational Rehabilitation and extension of a currently approved Proposed Information Collection Counseling (VR&C) Service Program collection, and allow 60 days for public Activity: Proposed Collection; Outcome Survey, VA Form 28–0317. comment in response to the notice. This Comment Request; Extension OMB Control Number: 2900–NEW notice solicits comments on the (VR&C). information needed to determine the AGENCY: Veterans Benefits Type of Review: New collection. disposition of proceeds of a matured Administration, Department of Veterans Abstract: VBA plans to conduct a endowment policy. Affairs. study to assess program outcomes for its DATES: Written comments and ACTION: Notice. Vocational Rehabilitation and recommendations on the proposed Counseling (VR&C) Program. VBA has collection of information should be SUMMARY: The Veterans Benefits identified a need for direct input from received on or before May 26, 1998. Administration (VBA) is announcing an former program customers, including ADDRESSES: opportunity for public comment on the reactions to VR&C’s program offerings, Submit written comments proposed collection of certain processes, quality of services, and on the collection of information to information by the agency. Under the outcomes achieved by veterans who Nancy J. Kessinger, Veterans Benefits Paperwork Reduction Act (PRA) of participated in the program. The Administration (20S52), Department of 1995, Federal agencies are required to information collected will be used to Veterans Affairs, 810 Vermont Avenue, publish notice in the Federal Register identify program outcomes and NW, Washington, DC 20420. Please refer concerning each proposed collection of opportunities for improving VR&C to ‘‘OMB Control No. 2900–0159’’ in information, including each proposed program performance. Specifically, the any correspondence. new collection, and allow 60 days for information will be used to assess FOR FURTHER INFORMATION CONTACT: public comment in response to the whether the services provided under the Nancy J. Kessinger at (202) 273–7079 or notice. This notice solicits comments on program meets veterans needs, are FAX (202) 275–5146. the information that will be collected by provided in a manner that encourages SUPPLEMENTARY INFORMATION: Under the a vocational rehabilitation and participation by eligible recipients, and PRA of 1995 (Public Law 104–13; 44 counseling survey. promotes successful achievement of U.S.C., 3501–3520), Federal agencies DATES: Written comments and rehabilitation and related objectives. must obtain approval from the Office of recommendations on the proposed Affected Public: Individuals or Management and Budget (OMB) for each collection of information should be households. collection of information they conduct received on or before May 26, 1998. Estimated Annual Burden: 1,650 or sponsor. This request for comment is ADDRESSES: Submit written comments hours. being made pursuant to Section on the collection of information to Estimated Average Burden Per 3506(c)(2)(A) of the PRA. Nancy J. Kessinger, Veterans Benefits Respondent: 20 minutes. With respect to the following Administration (20S52), Department of Frequency of Response: One time. collection of information, VBA invites Veterans Affairs, 810 Vermont Avenue, Estimated Number of Respondents: comments on: (1) Whether the proposed NW, Washington, DC 20420. Please refer 5,000. collection of information is necessary to ‘‘OMB Control No. 2900–NEW Dated: March 5, 1998. for the proper performance of VBA’s (VR&C)’’ in any correspondence. By direction of the Secretary. functions, including whether the FOR FURTHER INFORMATION CONTACT: Donald L. Neilson, information will have practical utility; (2) the accuracy of VBA’s estimate of the Nancy J. Kessinger at (202) 273–7079 or Director, Information Management Service. burden of the proposed collection of FAX (202) 275–5146. [FR Doc. 98–7656 Filed 3–23–98; 8:45 am] SUPPLEMENTARY INFORMATION: information; (3) ways to enhance the Under the BILLING CODE 8320±01±P PRA of 1995 (Public Law 104–13; 44 quality, utility, and clarity of the U.S.C., 3501–3520), Federal agencies information to be collected; and (4) must obtain approval from the Office of DEPARTMENT OF VETERANS ways to minimize the burden of the Management and Budget (OMB) for each AFFAIRS collection of information on collection of information they conduct respondents, including through the use or sponsor. This request for comment is [OMB Control No. 2900±0159] of automated collection techniques or being made pursuant to Section the use of other forms of information Proposed Information Collection technology. 3506(c)(2)(A) of the PRA. Activity: Proposed Collection; With respect to the following Title: Matured Endowment Comment Request collection of information, VBA invites Notification, VA Form 29–5767. comments on: (1) Whether the proposed AGENCY: Veterans Benefits OMB Control Number: 2900–0159. collection of information is necessary Administration, Department of Veterans Type of Review: Extension of a for the proper performance of VBA’s Affairs. currently approved collection. functions, including whether the ACTION: Notice. Abstract: The form is used to notify information will have practical utility; the insured that his/her endowment (2) the accuracy of VBA’s estimate of the SUMMARY: The Veterans Benefits policy has matured and to solicit the burden of the proposed collection of Administration (VBA), Department of disposition of the proceeds. The information; (3) ways to enhance the Veterans Affairs (VA), is announcing an information is used by VA to process quality, utility, and clarity of the opportunity for public comment on the the insured’s request. information to be collected; and (4) proposed collection of certain Affected Public: Individuals or ways to minimize the burden of the information by the agency. Under the households. collection of information on Paperwork Reduction Act (PRA) of Estimated Annual Burden: 2,867 respondents, including through the use 1995, Federal agencies are required to hours. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14179

Estimated Average Burden Per or sponsor. This request for comment is ACTION: Notice. Respondent: 20 minutes. being made pursuant to Section Frequency of Response: Generally one 3506(c)(2)(A) of the PRA. SUMMARY: The Veterans Benefits time. With respect to the following Administration (VBA), Department of Estimated Number of Respondents: collection of information, VBA invites Veterans Affairs, is announcing an 8,600. comments on: (1) Whether the proposed opportunity for public comment on the Dated: March 5, 1998. collection of information is necessary proposed collection of certain for the proper performance of VBA’s information by the agency. Under the By direction of the Secretary. functions, including whether the Paperwork Reduction Act (PRA) of Donald L. Neilson, information will have practical utility; 1995, Federal agencies are required to Director, Information Management Service. (2) the accuracy of VBA’s estimate of the publish notice in the Federal Register [FR Doc. 98–7657 Filed 3–23–98; 8:45 am] burden of the proposed collection of concerning each proposed collection of BILLING CODE 8320±01±P information; (3) ways to enhance the information, including each proposed quality, utility, and clarity of the extension of a currently approved information to be collected; and (4) collection, and allow 60 days for public DEPARTMENT OF VETERANS ways to minimize the burden of the comment in response to the notice. This AFFAIRS collection of information on notice solicits comments on the [OMB Control No. 2900±0041] respondents, including through the use information needed on the residential of automated collection techniques or loan application. Proposed Information Collection the use of other forms of information DATES: Written comments and Activity: Proposed Collection; technology. recommendations on the proposed Title: Compliance Inspection Report, Comment Request collection of information should be VA Form 26–1839. received on or before May 26, 1998. AGENCY: Veterans Benefits OMB Control Number: 2900–0041. Administration, Department of Veterans Type of Review: Extension of a ADDRESSES: Submit written comments Affairs. currently approved collection. on the collection of information to ACTION: Notice. Abstract: The form is used by fee Nancy J. Kessinger, Veterans Benefits compliance inspectors to report Administration (20S52), Department of SUMMARY: The Veterans Benefits acceptability of residential construction Veterans Affairs, 810 Vermont Avenue, Administration (VBA), Department of and conformity with standards NW, Washington, DC 20420. Please refer Veterans Affairs, is announcing an prescribed for new housing proposed as to ‘‘OMB Control No. 2900–0144’’ in opportunity for public comment on the security for loans guaranty. The any correspondence. proposed collection of certain information is used by VA to determine FOR FURTHER INFORMATION CONTACT: information by the agency. Under the whether completion of all onsite and Nancy J. Kessinger at (202) 273–5079 or Paperwork Reduction Act (PRA) of offsite improvements are completed in FAX (202) 275–5146. 1995, Federal agencies are required to accordance with plans and SUPPLEMENTARY INFORMATION: Under the publish notice in the Federal Register specifications used in the appraisal of PRA of 1995 (Public Law 104–13; 44 concerning each proposed collection of the property. U.S.C., 3501–3520), Federal agencies information, including each proposed Affected Public: Individuals or must obtain approval from the Office of extension of a currently approved households. Management and Budget (OMB) for each collection, and allow 60 days for public Estimated Annual Burden: 1 hour is collection of information they conduct comment in response to the notice. This being requested since the compliance or sponsor. This request for comment is notice solicits comments on the inspection report is common to the being made pursuant to Section information needed to complete the industry. Estimated Average Burden Per 3506(c)(2)(A) of the PRA. compliance inspection report for Respondent: 15 minutes. With respect to the following purchase or construction of residential Frequency of Response: Generally one property. collection of information, VBA invites time. comments on: (1) Whether the proposed DATES: Written comments and Estimated Number of Respondents: collection of information is necessary recommendations on the proposed 225,000. for the proper performance of VBA’s collection of information should be Dated: March 5, 1998. functions, including whether the received on or before May 26, 1998. By direction of the Secretary. information will have practical utility; ADDRESSES: Submit written comments Donald L. Neilson, (2) the accuracy of VBA’s estimate of the on the collection of information to Director, Information Management Service. burden of the proposed collection of Nancy J. Kessinger, Veterans Benefits [FR Doc. 98–7658 Filed 3–23–98; 8:45 am] information; (3) ways to enhance the Administration (20S52), Department of BILLING CODE 8320±01±P quality, utility, and clarity of the Veterans Affairs, 810 Vermont Avenue, information to be collected; and (4) NW, Washington, DC 20420. Please refer ways to minimize the burden of the to ‘‘OMB Control No. 2900–0041’’ in DEPARTMENT OF VETERANS collection of information on any correspondence. AFFAIRS respondents, including through the use FOR FURTHER INFORMATION CONTACT: of automated collection techniques or Nancy J. Kessinger at (202) 273–5079 or [OMB Control No. 2900±0144] the use of other forms of information FAX (202) 275–5146. technology. Proposed Information Collection SUPPLEMENTARY INFORMATION: Title: HUD/VA Addendum to Uniform Under the Activity: Proposed Collection; Residential Loan Application, VA Form PRA of 1995 (Public Law 104–13; 44 Comment Request U.S.C., 3501–3520), Federal agencies 26–1802a, and Freddie Mac 65/Fannie must obtain approval from the Office of AGENCY: Veterans Benefits Mae Form 1003, Uniform Residential Management and Budget (OMB) for each Administration, Department of Veterans Loan Application. collection of information they conduct Affairs. OMB Control Number: 2900–0144. 14180 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Type of Review: Extension of a opportunity for public comment on the for the proper performance of VBA’s currently approved collection. proposed collection of certain functions, including whether the Abstract: VA Form 2–1802a serves as information by the agency. Under the information will have practical utility; a joint loan application for both VA and Paperwork Reduction Act (PRA) of (2) the accuracy of VBA’s estimate of the the Department of Housing and Urban 1995, Federal agencies are required to burden of the proposed collection of Development (HUD). Lenders and publish notice in the Federal Register information; (3) ways to enhance the veterans use the form to apply for concerning each proposed collection of quality, utility, and clarity of the guaranty of home loans. information, including each proposed information to be collected; and (4) Affected Public: Individuals or extension of a currently approved ways to minimize the burden of the households—Business or other for- collection, and allow 60 days for public collection of information on profit. comment in response to the notice. This respondents, including through the use Estimated Annual Burden: 25,898 notice solicits comments on the of automated collection techniques or hours. information needed to report conditions the use of other forms of information Estimated Average Burden Per to continue disability insurance technology. Respondent: 6 minutes. benefits. Title: Disability Benefits Frequency of Response: Generally one DATES: Written comments and Questionnaire, VA Forms 29–8313 and time. recommendations on the proposed 29–8313–1. Estimated Number of Respondents: collection of information should be OMB Control Number: 2900–0153. 258,975. received on or before May 26, 1998. Type of Review: Extension of a Dated: March 5, 1998. ADDRESSES: Submit written comments currently approved collection. By direction of the Secretary. on the collection of information to Abstract: The forms are used by the Donald L. Neilson, Nancy J. Kessinger, Veterans Benefits policyholder to report conditions Director, Information Management Service. Administration (20S52), Department of needed to continue disability insurance [FR Doc. 98–7659 Filed 3–23–98; 8:45 am] Veterans Affairs, 810 Vermont Avenue, benefits. The information is used by VA BILLING CODE 8320±01±P NW, Washington, DC 20420. Please refer to determine the insured’s continuous to ‘‘OMB Control No. 2900–0153’’ in entitlement to disability insurance any correspondence. benefits. DEPARTMENT OF VETERANS FOR FURTHER INFORMATION CONTACT: Affected Public: Individuals or AFFAIRS Nancy J. Kessinger at (202) 273–7079 or households. FAX (202) 275–5146. Estimated Annual Burden: 15,000 [OMB Control No. 2900±0153] SUPPLEMENTARY INFORMATION: Under the hours. PRA of 1995 (Public Law 104–13; 44 Estimated Average Burden Per Proposed Information Collection U.S.C., 3501–3520), Federal agencies Respondent: 15 minutes. Activity: Proposed Collection; must obtain approval from the Office of Comment Request Frequency of Response: Annually. Management and Budget (OMB) for each Estimated Number of Respondents: AGENCY: Veterans Benefits collection of information they conduct 60,000. or sponsor. This request for comment is Administration, Department of Veterans Dated: March 5, 1998. Affairs. being made pursuant to Section By direction of the Secretary. ACTION: Notice. 3506(c)(2)(A) of the PRA. With respect to the following Donald L. Neilson, SUMMARY: The Veterans Benefits collection of information, VBA invites Director, Information Management Service. Administration (VBA), Department of comments on: (1) Whether the proposed [FR Doc. 98–7660 Filed 3–23–98; 8:45 am] Veterans Affairs (VA), is announcing an collection of information is necessary BILLING CODE 8320±01±P federal register March 24,1998 Tuesday Manufacturing Industry;ProposedRule Emissions forthePortlandCement Standards forHazardousAirPollutants Hazardous AirPollutants;Proposed National EmissionStandardsfor 40 CFRPart63 Protection Agency Environmental Part II 14181 14182 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

ENVIRONMENTAL PROTECTION copy also be sent to the contact person ASCII file format. All comments and AGENCY listed below (Mr. Joseph Wood). data in electronic form must be Comments and data may also be identified by the docket number A–92– 40 CFR Part 63 submitted electronically by following 53. Electronic comments may be filed the instructions provided in the online at many Federal Depository [IL±64±2±5807; FRL±5978±2] SUPPLEMENTARY INFORMATION section. No Libraries. RIN 2060±AE78 confidential business information (CBI) Implementation of the proposed should be submitted through electronic requirements would achieve an National Emission Standards for mail. emission reduction from existing and Hazardous Air Pollutants; Proposed Public Hearing. Persons wishing to projected new sources estimated at 82 Standards for Hazardous Air Pollutants present oral testimony or to inquire as megagrams per year (Mg/yr) (90 tons per Emissions for the Portland Cement to whether or not a hearing is to be held year [tpy]) of HAPs and 4,900 Mg/yr Manufacturing Industry should notify Ms. Cathy Coats, Minerals (5,400 tpy) of other pollutants (volatile AGENCY: Environmental Protection and Inorganic Chemicals Group (MD– organic compounds [VOC] and Agency (EPA). 13), U.S. Environmental Protection particulate matter [PM]). The EPA is Agency, Research Triangle Park, NC ACTION: Proposed rule and notice of also proposing to require portland 27711, telephone number (919) 541– public hearing. cement plants that are area sources to 5422. Additional information regarding meet emission standards for dioxins and SUMMARY: This action proposes national the public hearing is given in the furans reflecting the application of emission standards for hazardous air SUPPLEMENTARY INFORMATION section. MACT. pollutants (NESHAP) for new and Docket. The official record for this The EPA is also proposing Methods existing sources in portland cement rulemaking, as well as the public 320, 321, and 322 with the standards for manufacturing plants. Exposure to the version, has been established under addition to 40 CFR part 63, appendix A. hazardous air pollutants (HAPs) in these Docket No. A–92–53 (including These methods may be used to assist in emissions may be associated with a comments and data submitted determining the applicability of the wide variety of effects, including electronically as described below). A proposed emission limitations. carcinogenic, respiratory, nervous public version of this record, including Public Hearing. If a public hearing is system, dermal, developmental, and/or printed, paper versions of electronic requested and held, EPA will ask reproductive health effects. comments and data, which does not clarifying questions during the oral Implementation of the proposed include any information claimed as CBI, presentation but will not respond to the requirements would reduce emissions of is available for inspection from 8 a.m. to presentations or comments. Written several HAPs. 4 p.m., Monday through Friday, statements and supporting information The standards are proposed under the excluding legal holidays. The official will be considered with equivalent authority of section 112(d) of the Clean rulemaking docket is located at the weight as any oral statement and Air Act as amended (the Act) and are address in the ADDRESSES section above. supporting information subsequently based on the Administrator’s Alternatively, a docket index, as well as presented at a public hearing, if held. determination that portland cement individual items contained within the Confidential Business Information. manufacturing plants may reasonably be docket, may be obtained by calling (202) Commenters wishing to submit anticipated to emit several of the HAPs 260–7548. A reasonable fee may be proprietary information for listed in section 112(b) of the Act from charged for copying. consideration should clearly distinguish the various process operations found FOR FURTHER INFORMATION CONTACT: For such information from other comments within the industry. The proposed information about this proposed rule, and clearly label it ‘‘Confidential NESHAP would provide protection to contact Mr. Joseph Wood, P.E., Minerals Business Information.’’ Submissions the public by requiring all portland and Inorganic Chemicals Group, containing such proprietary information cement plants which are major sources Emission Standards Division (MD–13), should be sent directly to the following to meet emission standards reflecting U.S. Environmental Protection Agency, address, and not to the public docket, to the application of the maximum Research Triangle Park, NC 27711, ensure that proprietary information is achievable control technology (MACT). telephone number (919) 541–5446; not inadvertently placed in the docket: DATES: Comments. The EPA will accept electronic mail address Attention: Mr. Joseph Wood, c/o Ms. comments on the proposed rule until [email protected]. For Melva Toomer, U.S. EPA Confidential May 26, 1998. information about the proposed test Business Information Manager, OAQPS Public Hearing. If anyone contacts the methods contact Ms. Rima Dishakjian, (MD–13); Research Triangle Park, NC Agency requesting to speak at a public Emission Measurement Center, 27711. Information covered by such hearing, the hearing will be held at the Emissions, Monitoring and Analysis claim of confidentiality will be Agency’s Office of Administration Division (MD–19), U.S. Environmental disclosed by the EPA only to the extent Auditorium, Research Triangle Park, Protection Agency, Research Triangle allowed and by the procedures set forth North Carolina on April 23, 1998 Park, NC 27711, telephone number (919) in 40 CFR part 2. If no claim of beginning at 10:00 a.m. Persons wishing 541–0443. confidentiality accompanies a to present oral testimony must contact SUPPLEMENTARY INFORMATION: Electronic submission when it is received by the the Agency by April 14, 1998. filing. Electronic comments can be sent EPA, the submission may be made ADDRESSES: Comments. Comments directly to the EPA at a-and-r- available to the public without further should be submitted (in duplicate) to: [email protected]. Electronic notice to the commenter. Air and Radiation Docket and comments and data must be submitted Regulated entities. Entities potentially Information Center (6102), Attention: as an ASCII file avoiding the use of regulated by this action are those who Docket No. A–92–53, U.S. special characters and any form of have the potential to emit HAPs listed Environmental Protection Agency, 401 encryption. Comments and data will in section 112(b) of the Act in the M Street SW., Washington, DC 20460. also be accepted on disks in regulated categories and entities shown The Agency requests that a separate Wordperfect 5.1 or 6.1 file format or in Table 1. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14183

This table is not intended to be this action. Other types of entities not proposed rule. If you have questions exhaustive, but rather provides a guide listed in this table could also be regarding the applicability of this action for readers regarding entities likely to be regulated. To determine whether your to a particular entity, consult the person regulated by this action. This table lists facility is regulated by this action, you listed in the preceding FOR FURTHER the types of entities that the EPA is now should carefully examine the INFORMATION CONTACT section of this aware could potentially be regulated by applicability criteria in § 63.1340 of the preamble.

TABLE 1.ÐREGULATED ENTITIES

Category Examples of regulated entities

Industry ...... Owners or operators of portland cement manufacturing plants. State ...... Owners or operators of portland cement manufacturing plants. Tribal associations ...... Owners or operators of portland cement manufacturing plants. Federal agencies ...... None.

Technology Transfer Network. The C. Selection of Pollutants styrene, 2,3,7,8-tetrachlorodibenzo-p- proposed regulatory text is also D. Selection of Proposed Standards for dioxin, toluene, and xylenes. The HAPs available on the Technology Transfer Existing and New Sources released from raw material dryers Network (TTN), one of EPA’s electronic 1. Background should be similar to those from the kiln. 2. MACT Floor Technology, Emission bulletin boards. The TTN provides Limits, and Format The HAPs released from clinker coolers, information and technology exchange in E. Selection of Testing and Monitoring raw mills, finish mills, storage bins, various areas of air pollution control. Requirements conveying system transfer points, The service is free, except for the cost 1. Kiln and In-line Kiln Raw Mill PM bagging systems and bulk loading and of a phone call. Dial (919) 541–5742 for Emissions unloading systems include arsenic, up to a 14,400 BPS modem. The TTN is 2. Kiln D/F Emissions cadmium, chromium, lead, manganese, also accessible through the Internet 3. Kiln and Raw Material Dryer THC mercury, nickel, and selenium. (world wide web) at http:// Emissions Implementing MACT-level controls is www.epa.gov/ttn/. If more information 4. Clinker Cooler PM Emissions expected to decrease emissions of these 5. Raw and Finish Mill PM Emissions on the TTN is needed, call the HELP 6. Raw Material Dryer and Materials HAPs from existing and projected new line at (919) 541–5384. The help desk is Handling Processes PM Emissions sources by approximately 82 Mg/yr (90 staffed from 11 a.m. to 5 p.m.; a voice 7. General Monitoring Requirements tpy). Plants can achieve this reduction menu is available at other times. F. Selection of Notification, by upgrading or installing fabric filters Outline. The information in this Recordkeeping, and Reporting (FF), also known as baghouses, and preamble is organized as shown below. Requirements electrostatic precipitators (ESP) to VI. Public Participation decrease HAP metals; limiting I. Statutory Authority VII. Administrative Requirements II. Introduction temperatures at the particulate matter A. Docket control device (PMCD) inlet to decrease A. Background B. Public Hearing B. NESHAP for Source Categories C. Executive Order 12866 dioxin and furan (D/F) emissions; and C. Health Effects of Pollutants D. Enhancing the Intergovernmental selecting suitable feed materials to D. Portland Cement Manufacturing Partnership Under Executive Order decrease organic HAP emissions. Industry Profile 12875 The overall effect of these standards III. Summary of Proposed Standards E. Unfunded Mandates Reform Act would be to improve the control A. Applicability F. Regulatory Flexibility Act performance of the industry to the level B. Emission Limits and Requirements G. Paperwork Reduction Act achieved by the best performing plants. C. Performance Test and Compliance H. Clean Air Act Provisions In addition to the health and D. Monitoring Requirements I. Statutory Authority environmental benefits associated with E. Notification, Recordkeeping, and HAP emission reductions, benefits of The statutory authority for this Reporting Requirements this action include a decrease in site- proposal is provided by sections 101, IV. Impacts of Proposed Standards specific emission levels of PM and VOC 112, 114, 116, 183(f) and 301 of the A. Applicability and lowered occupational exposure Clean Air Act, as amended (42 U.S.C. B. Air Quality Impacts levels for employees. C. Water Impacts 7401, 7411, 7414, 7416, 7511(f) and The nationwide capital and D. Solid Waste Impacts 7601). annualized costs of the proposed E. Energy Impacts F. Nonair Health and Environmental II. Introduction NESHAP, including emission controls and associated monitoring equipment, Impacts A. Background G. Cost Impacts are estimated at $88 million and $27 H. Economic Impacts Nationwide baseline HAP emissions million/yr, respectively. The economic V. Selection of Proposed Standards from portland cement manufacturing impacts are predicted to increase prices A. Selection of Source Category plants are estimated to be 260 Mg/yr of portland cement by an average of 1.1 B. Selection of Emission Sources (290 tpy) at the current level of control. percent. 1. Feed Preparation Processes (Grinding, The HAPs released from kiln systems To minimize adverse impacts, the Conveying) include acetaldehyde, arsenic, benzene, Agency has proposed controls at the 2. Feed Preparation Processes (Drying, Blending, Storage) cadmium, chromium, chlorobenzene, MACT-floor level, tailored the 3. Kiln dibenzofurans, formaldehyde, hexane, requirements to allow less-costly testing 4. Clinker Cooler hydrogen chloride, lead, manganese, and monitoring by using surrogates for 5. Finish Grinding/Conversion of Clinker mercury, naphthalene, nickel, phenol, HAP emissions and provided choice in to Portland Cement polycyclic organic matter, selenium, methods of control. The proposed rule 14184 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules is ‘‘user friendly,’’ with language that is the public health and welfare and the (NAAQS). These pollutants include PM, easy to understand by all of the productive capacity of its population. VOC, and lead. The following is a regulated community. The EPA also [See section 101(b)(1).] In the 1990 summary of the potential health effects proposes to allow existing facilities up Amendments to the Clean Air Act, associated with exposures, at some to 3 years to comply. And, as allowed Congress specified that each standard level, to pollutants that would be under section 112(i)(3)(B) of the Act, the for major sources must require the reduced by the standard. Administrator or delegated regulatory maximum reduction in emissions of Almost all metals appearing on the authority also may grant 1 additional HAPs that EPA determines is achievable section 112(b) list are emitted from year if necessary for the installation of considering cost, health and portland cement manufacturing affected controls. environmental impacts, and energy sources. There is a wide range of targets requirements. Title III of the Act of toxicity for these metals. Effects B. NESHAP for Source Categories establishes a control technology-based include skin irritation, mucous Section 112 of the Act as amended program to reduce stationary source membrane irritation (e.g., lung specifically directs the EPA to develop emissions of HAPs. The goal of section irritation), gastrointestinal effects, a list of all categories of major sources 112(d) (in Title III) is to apply such nervous system effects (including and such area sources as appropriate control technology to reduce emissions cognitive effects, tremor, and that emit one or more of the HAPs listed and thereby reduce the hazard of HAPs numbness), increased blood pressure, in the Act. The EPA is further directed emitted from stationary sources. and reproductive and developmental to develop NESHAP to control Section 112(b) of the Act lists HAPs effects. Additionally, several of the emissions of HAPs from both existing believed to cause adverse health or metals accumulate in the environment and new major sources, where a major environmental effects. The EPA and in the human body. Cadmium, for source is defined as a source that emits recognizes that the degree of adverse example, is a cumulative pollutant or has the potential to emit 9.1 Mg/yr effects to health can range from mild to which causes kidney effects after the (10 tpy) or more of any one HAP or 22.7 severe. The extent and degree to which cessation of exposure. Similarly, the Mg/yr (25 tpy) of any combination of the health effects may be experienced is onset of effects from beryllium exposure HAPs. The statute requires the dependent upon: (1) The ambient may be delayed by months to years. standards to reflect the maximum concentrations observed in the area Many of the metal compounds are also degree of reduction in HAP emissions (e.g., as influenced by emission rates, known (arsenic, chromium (VI)) or that is achievable, taking into meteorological conditions, and terrain); probable (cadmium, nickel carbonyl, consideration the cost of achieving the (2) the frequency of and duration of lead, and beryllium) human emission reduction, any nonair quality exposures; (3) characteristics of exposed carcinogens. health and environmental impacts, and individuals (e.g., genetics, age, pre- Organic compounds which will energy requirements. This level of existing health conditions, and lifestyle) potentially be decreased by the control is commonly referred to as which vary significantly with the proposed standard include but are not MACT. population; and (4) pollutant-specific limited to acetaldehyde, benzene, The control of HAPs is achieved characteristics (e.g., toxicity, half-life in chlorobenzene, formaldehyde, D/F, through the promulgation of technology- the environment, bioaccumulation, and hexane, naphthalene, phenol, polycyclic based emission standards under persistence). In essence, these MACT organic matter, styrene, toluene, and sections 112(d) and 112(f) and work standards would ensure that all major xylenes. Each of these organic practice standards under 112(h) for sources of air toxic emissions achieve compounds has a range of potential categories of sources that emit HAPs. the level of control already being health effects associated with exposure Emission reductions may be achieved by the better controlled and at some level. Some of the effects accomplished through the application of lower emitting sources in each category. associated with short-term inhalation measures, processes, methods, systems, This approach provides assurance to exposure to these pollutants are similar or techniques including, but not limited citizens that each major source of toxic and include irritation of the eyes, skin, to: (1) Reducing the volume of, or air pollution will be required to and respiratory tract in humans; central eliminating emissions of, such effectively control its emissions. At the nervous system effects (e.g., drowsiness, pollutants through process changes, same time, this approach provides a dizziness, headaches, depression, substitution of materials, or other level economic playing field, ensuring nausea, irregular heartbeat); modifications; (2) enclosing systems or that facilities that employ cleaner reproductive and developmental effects; processes to eliminate emissions; (3) processes and good emissions controls and, neurological effects. Exposure to collecting, capturing, or treating such are not disadvantaged relative to benzene at extremely high pollutants when released from a competitors with poorer controls. concentrations may even lead to process, stack, storage or fugitive Available emission data, collected in respiratory paralysis, coma, or death. emissions point; (4) design, equipment, conjunction with the development of Health effects associated with long- work practice, or operational standards this NESHAP, show that non-volatile term inhalation exposure in humans to (including requirements for operator HAP metals, mercury, organic HAPs and the organic compounds which will training or certification) as provided in hydrogen chloride are the predominant potentially be decreased by the subsection (h); or (5) a combination of HAPs emitted from portland cement proposed standard may include mild the above. [See section 112(d)(2) of the manufacturing plants. These pollutants symptoms such as nausea, headache, Act.] The EPA may promulgate more (except mercury and hydrogen chloride) weakness, insomnia, intestinal pain, stringent regulations to address residual have the potential to be reduced by and burning eyes; effects on the central risk that remains after the imposition of implementation of the proposed nervous system; disorders of the blood; controls at a later date. emission limits. In addition to the toxicity to the immune system; HAPs, the portland cement reproductive disorders in women (e.g., C. Health Effects of Pollutants manufacturing NESHAP would also increased risk of spontaneous abortion); The Clean Air Act was created in part control some of the pollutants whose developmental effects; gastrointestinal to protect and enhance the quality of the emissions are controlled under the irritation; liver injury; and muscular Nation’s air resources so as to promote National Ambient Air Quality Standards effects. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14185

In addition to the non-cancer effects cement plants are categorized as small This regulation does not apply to the described above, some of the organic if the total number of employees at the emissions from cement kiln dust (CKD) HAPs that would be controlled under company is less than 750. Otherwise the storage facilities (i.e., CKD piles or this proposed standard are either known company is classified as large. A total of landfills). A separate rulemaking will be (benzene) or probable (formaldehyde 7 companies are categorized as small, forthcoming from EPA’s Office of Solid and D/F) human carcinogens. while the remaining 37 companies are Waste (OSW) that will apply to air Hydrogen chloride (HCl) is highly in the large category (docket item II–D– emissions associated with CKD corrosive to the eyes, skin, and mucous 200). management and disposal facilities. membranes. Short-term inhalation of Few new plants are predicted to be Except for hazardous waste burning HCl by humans may cause coughing, constructed during the next 5 years. The (HW) cement kilns and HW in-line kiln/ hoarseness, inflammation and EPA estimates that two to four existing raw mills, EPA is proposing to apply ulceration of the respiratory tract, as plants will undergo reconstruction in these standards to all cement kilns and well as chest pain and pulmonary the next 5 years. in-line kiln/raw mills regardless of the edema. Long-term occupational All existing kilns and alkali bypasses material being combusted in the kiln. exposure of humans to HCl has been have PM control devices. Some existing This proposal, however, does not reported to cause inflammation of the cement manufacturing plants are preclude EPA from determining that stomach, skin, and lungs, and required to meet new source cement kilns combusting solid waste photosensitization. performance standards (NSPS) for PM materials should be regulated under The health effects of PM, lead, and (40 CFR part 60, subpart F). The affected section 129 of the Clean Air Act, 42 VOC that would be reduced by this facilities to which the NSPS apply are U.S.C. 7429, and to revise the standard are described in EPA’s Criteria the kiln, kiln gas alkali bypass, clinker applicability section of these regulations Documents, which support the NAAQS. cooler, raw material dryer, and materials accordingly at the time section 129 Briefly, PM emissions have been handling processes. regulations applicable to cement kilns associated with aggravation of existing are promulgated. respiratory and cardiovascular disease III. Summary of Proposed Standards The EPA believes that applying this and increased risk of premature death. A. Applicability regulation to all non-hazardous waste Depending on the degree of exposure, burning (NHW) cement kilns regardless lead can cause subtle effects on behavior The proposed standards apply to each of the material combusted in the kiln is and cognition, increased blood pressure, existing, reconstructed, and newly necessary at this time due to the Court reproductive effects, seizures, and even constructed portland cement of Appeals for the District of Columbia’s death. manufacturing plant at any facility recent decision in Davis County Solid Volatile organic compounds are which is a major source or an area Waste Management District v. precursors to the formation of ozone in source, with the following exception. Environmental Protection Agency, 101 the ambient air. At ambient levels, Some portland cement plants fire F.3d 1395 (D.C. Cir. 1996) (petition to ozone has been shown in human hazardous wastes in the kiln to provide review municipal waste combustor laboratory and community studies to be part or all of the fuel requirement for (‘‘MWC’’) regulations promulgated on responsible for the reduction of lung clinker production. Portland cement December 19, 1995 pursuant to section function, respiratory symptoms (e.g., kilns and in-line kiln/raw mills subject 129 of the Act, 60 FR 65387). In the cough, chest pain, throat and nose to the NESHAP for hazardous waste applicability section of the MWC irritation), increased hospital combustors 1 (HWC) are not subject to regulations, EPA applied the standards admissions for respiratory causes, and this standard; however other affected to all solid waste incineration units increased lung inflammation. Animal sources at portland cement plants where combusting more than 30-percent studies have shown increased hazardous waste is burned in the kiln municipal solid waste. Two owners and susceptibility to respiratory infection are subject to this standard. operators of MWC units with capacity and lung structure changes. Exposure to For portland cement plants with on- less than 250 tons/day filed petitions for ozone has also been linked to harmful site non-metallic minerals processing review on the grounds that EPA effects on agricultural crops and forests. facilities, the first affected source in the improperly had included their units in sequence of materials handling the large category. The Cement Kiln D. Portland Cement Manufacturing operations subject to this proposed Recycling Coalition (‘‘CKRC’’) also filed Industry Profile NESHAP is the raw material storage, a petition for review on the grounds that Portland cement is a fine powder, which is just prior to the raw mill. The the standards should not apply to usually gray in color, that consists of a primary and secondary crushers and cement kilns. In its opinion dated mixture of the minerals dicalcium any other equipment in the non-metallic December 6, 1996, the Court indicated silicate, tricalcium silicate, tricalcium minerals processing plant, which its intent to vacate the standards in their aluminate, and tetracalcium precede the raw material storage are not entirety on the grounds raised by the aluminoferrite, to which one or more affected sources under the proposed two petitioners who own and operate forms of calcium sulfate have been NESHAP. Furthermore, the first MWC units; as a result, the Court did added (docket item II–I–43, p. 746). The conveyor system transfer point subject not reach the issue raised by CKRC. primary end use of portland cement is to the proposed NESHAP is the transfer Accordingly, EPA believes that it is as the key ingredient in portland cement point associated with the conveyor appropriate to apply these regulations as concrete, which is used in almost all transferring material from the raw a gap-filling measure to control construction applications. material storage to the raw mill. emissions from NHW cement kilns and In 1993, 44 companies operated 118 Conveyor system transfer points prior to in-line kiln/raw mills regardless of the portland cement plants located in 37 this conveyor are not affected sources material combusted in the kiln (except states. The manufacture of portland under this proposed NESHAP (docket for hazardous waste) until EPA cement is covered by SIC code 3241 for item II–B–53). determines whether regulations hydraulic cements. According to U.S. applicable to cement kilns combusting Small Business Administration size 1 The EPA proposed regulations for subpart EEE solid waste materials should be re- standards, companies owning portland of 40 CFR part 63 on April 19, 1996 at 61 FR 17358. promulgated under section 129. To 14186 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules decide otherwise would have the incineration units that are expressly applicability section of these regulations potential effect of allowing cement kiln excluded from regulation by section accordingly. owners and operators to avoid 129(g)(1), Congress intended EPA to At no time, will a cement kiln be regulation by adding some solid waste establish regulations for all SWIU’s expected to comply simultaneously material to the cement kiln. under section 129. This includes cement with regulations promulgated pursuant As background, section 129(a)(1)(A) kilns that combust solid waste to section 112 and regulations requires the Administrator to establish materials, including refuse-derived fuel. promulgated pursuant to section 129. performance standards and other Section 129 is similar to section 112 Section 129(h)(1) expressly states that requirements pursuant to section 111 of the Act in that both require EPA to no solid waste incineration unit subject and section 129 of the Act for each establish performance standards that are to performance standards under section category of solid waste incineration based upon the performance of 129 and section 111 shall be subject to units [42 U.S.C. 7429(a)(1)(A)]. Whereas maximum achievable control standards under section 112(d) of the section 112(c) of the Act requires EPA technology (MACT). Section 112(b), Act [42 U.S.C. 7429(h)(1)]. The EPA to determine major and area sources of however, lists 188 hazardous air reads this provision to mean that for the 188 hazardous air pollutants (HAPs) pollutants (HAPs) for potential emissions potentially subject to section listed in section 112(b), Congress regulation, and section 112(c)(6) 129, the Agency must elect whether to specifically listed in section 129 various requires EPA to establish performance cover such emissions under that section, categories of solid waste incineration standards under section 112(d) for or under section 112. If EPA elects to units that EPA must regulate, including categories of sources emitting seven cover emissions under section 129, solid waste incineration units specific pollutants, including the those emissions must be excluded from combusting municipal solid waste following HAPs emitted by cement regulation under section 112. For [sections 129(a)(1)(B) and (C)], solid kilns: mercury and dioxins/ example, if a cement kiln combusts only waste incineration units combusting dibenzofurans [42 U.S.C. 7412]. By fossil fuels, it would have to comply hospital waste, medical waste, and comparison, section 129 expressly with the regulations being proposed infectious waste [section 129(a)(1)(C)], requires EPA to regulate emissions of today. If the kiln combusts a mixture of solid waste incineration units the following criteria pollutants and 50% coal and 50% non-hazardous solid combusting commercial or industrial HAPs—particulate matter, opacity (as waste, it would continue to comply with waste [section 129(a)(1)(D)], and ‘‘other appropriate), sulfur dioxide, hydrogen the regulations being proposed today categories of solid waste incineration chloride, nitrogen oxides, carbon until EPA promulgates regulations units’’ which are to be defined by EPA monoxide, lead, cadmium, mercury, and applicable to such kilns under section [42 U.S.C. 7429(a)(1)]. dioxins and dibenzofurans [42 U.S.C. 129 of the Act. At that time, if the kiln Section 129(g)(1) of the Act broadly 7429(a)(4)]. Section 129 also gives EPA is burning the 50% coal and 50% solid defines a solid waste incineration unit the discretion to promulgate emission waste mixture, it would have to comply (‘‘SWIU’’) as ‘‘a distinct operating unit limitations or provide for the with the section 129 regulations as long of any facility which combusts any solid monitoring of postcombustion as it continued to combust solid waste waste material from commercial or concentrations of surrogate substances material. Thus, in the same way that industrial establishments or the general or any other pollutant not expressly installation of a particular type of public * * *.’’ 42 U.S.C. 7429(g)(1) listed for regulation in section 129(a)(4). combustion device determines which (emphasis added). Section 129(g)(1) [See 42 U.S.C. 7429(a)(4).] In addition, regulation is applicable, combustion of expressly states that ‘‘incinerators or section 129 contains other requirements certain materials in that combustion other units required to have a permit not contained in section 112, such as device would determine whether the under section 3005 of the Solid Waste operator training requirements. [See 42 section 112 regulation or section 129 Disposal Act, 42 U.S.C. 6925’’ shall not U.S.C. 7429(d).] regulation is applicable. be considered a SWIU. That section also As stated previously, the regulations The EPA does not believe that this expressly excludes from the definition being proposed today are pursuant to approach will subject cement kiln of SWIU the following units: section 112 of the Act and apply to all owners to duplicative regulations. As cement kilns except portland cement noted earlier, regulations under section (A) materials recovery facilities (including kilns and in-line kiln/raw mills that 112 and section 129 are based on primary or secondary smelters) which would be subject to the NESHAP for MACT. If EPA determines that combust waste for the primary purpose of hazardous waste combustors. In today’s recovering metals, (B) qualifying small power additional regulations under section 129 production facilities, as defined in section notice, the EPA is proposing to establish are appropriate because cement kilns 769(17)(C) of Title 16, or qualifying emission limitations for particulate are combusting solid waste material, cogeneration facilities as defined in section matter (as a surrogate for metals, except EPA would be required to promulgate 796(18)(B) of Title 16, which burn mercury), dioxins/furans, and total additional MACT standards for the homogeneous waste (such as units which hydrocarbons (as a surrogate for organic following pollutants pursuant to section burn tires or used oil, but not including HAPs) regardless of the material being 129(a)(4): opacity, sulfur dioxide, refuse-derived fuel) for the production of combusted in the cement kiln. If EPA hydrogen chloride, nitrogen oxides, electric energy or in the case of qualifying determines that additional regulations cogeneration facilities which burn carbon monoxide, lead, cadmium, and homogenous waste for the production of are required under section 129 for mercury. The EPA also would electric energy (such as heat) which are used cement kilns that combust solid waste determine whether the standards for for industrial, commercial, heating or cooling materials (e.g., cement kilns combusting particulate matter, total hydrocarbon, purposes, or (C) air curtain incinerators materials containing more than 30- and dioxins/furans should be revised for provided that such incinerators only burn percent municipal solid waste or kilns combusting solid waste materials wood wastes, yard wastes and clean lumber cement kilns combusting medical [42 U.S.C. 7429(a)(4)]. and that such air curtain incinerators comply waste), then such regulations will be with opacity limitations to be established by promulgated under section 129 and EPA B. Emission Limits and Requirements the Administrator by rule. will state clearly in the applicability The proposed NESHAP for portland 42 U.S.C. 7429(g)(1). Accordingly, with section of those regulations when those cement manufacturing would apply to the exception of those solid waste standards apply and revise the both major and area sources of HAPs. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14187

The affected sources for which emission dryers, clinker coolers and materials emissions are not expected through the limits are proposed include the kiln, in- handling processes, regardless of the use of PM controls. Opacity limits line kiln/raw mill, clinker cooler, raw type of fuel burned in the kiln. The would also apply to NHW kilns, NHW material dryer, and materials handling proposed rule would limit PM in-line kiln/raw mills, clinker coolers, processes that include the raw mill, (surrogate for non-volatile HAP metals) raw material dryers, and materials finish mill, raw material storage, clinker emissions from new and existing NHW handling processes. storage, finished product storage, kilns, NHW in-line kiln/raw mills, and The proposed rule also would conveyor transfer points, bagging and clinker coolers at portland cement bulk loading and unloading systems limit D/F emissions from new and plants which are major sources. existing NHW kilns and NHW in-line (hereafter referred to as materials Particulate matter emitted from portland kiln/raw mills located at portland handling processes). cement manufacturing contains cement plants which are major or area The proposed NESHAP would limit quantities of metal HAPs such as sources of HAPs. In addition, the rule emissions of HAPs from non-hazardous compounds of arsenic, cadmium, waste (NHW) portland cement kilns, would limit total hydrocarbon (THC) as chromium, lead, manganese, mercury, NHW in-line kiln/raw mills, and NHW a surrogate for organic HAP emissions nickel, and selenium. Controlling PM kiln alkali bypasses. Kiln emission from new NHW kilns, new NHW in-line emissions would also control emissions limits would not apply to kilns or in- kiln/raw mills, and new raw material line kiln/raw mills that will be subject of HAP metals. A surrogate approach is used for particulate metal HAPs in the dryers at portland cement plants which to the NESHAP for various hazardous are major sources. Kiln, in-line kiln/raw waste combustor (HWC) types, proposed NESHAP to allow easier and less expensive measurement, analysis, mill, and raw material dryer organic including cement kilns which burn emissions contain various organic HAPs 2 and monitoring requirements, and hazardous waste. including, but not limited to, The kiln emission limits would apply because the control techniques for non- acetaldehyde, benzene, formaldehyde, to the kiln and in-line kiln/raw mill volatile metal HAPs are the same as the hexane, naphthalene, styrene, toluene, gases and to kiln alkali bypass gases control techniques for PM. Although (which may or may not be discharged trace amounts of mercury may be found and xylenes. Tables 2 and 3 present a through a separate stack). in the particulate matter, it is generally summary of the proposed emission The proposed rule would limit considered a volatile metal, and limits for new and existing portland emissions of HAPs from raw material appreciable reductions of mercury cement affected sources.

TABLE 2.ÐSUMMARY OF PROPOSED EMISSION LIMITSa FOR AFFECTED SOURCES AT PORTLAND CEMENT PLANTS [Metric units]

Affected source and pollutant Emission limit for existing sources Emission limit for new sources

NHW kiln and NHW in-line kiln/raw mill b PM ... 0.15 kg/Mg dry feedd and opacity levelb no 0.15 kg/Mg dry feedd and opacity levelb no greater than 20 percent. greater than 20 percent. NHW kiln and NHW in-line kiln/raw mill D/F b, c 0.2 ng TEQ/dscm or 0.4 ng TEQ/dscm with 0.2 ng TEQ/dscm or 0.4 ng TEQ/dscm with PM control device operated at ≤204°C. PM control device operated at ≤204°C. NHW kiln and NHW in-line kiln/raw mill THC ... None ...... 50 ppmvd (as propane). Clinker cooler PM ...... 0.05 kg/Mg dry feed and opacity level no 0.05 kg/Mg dry feed and opacity level no greater than 10 percent. greater than 10 percent. Raw material dryer and materials handling 10 percent opacity ...... 10 percent opacity. processes (raw mill system, finish mill sys- tem, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging, and bulk loading and un- loading systems) PM. Raw material dryer THC ...... None ...... 50 ppmvd (as propane).

a All concentration limits at 7 percent oxygen. b Includes main and alkali bypass stacks. c Applies to both major and area source portland cement plants. d If there is an alkali bypass stack associated with the kiln or in-line kiln/raw mill, the combined PM emission from the kiln or in-line kiln/raw mill and the alkali bypass must be less than 0.15 kg/Mg dry feed.

TABLE 3.ÐSUMMARY OF PROPOSED EMISSION LIMITS a FOR AFFECTED SOURCES AT PORTLAND CEMENT PLANTS [English Units]

Affected source and pollutant Emission limit for existing sources Emission limit for new sources

NHW kiln and NHW in-line kiln/raw mill b PM ... 0.30 lb/ton dry feed d and opacity level b no 0.30 lb/ton dry feed d and opacity level b no greater than 20 percent. greater than 20 percent. NHW kiln and NHW in-line kiln/raw mill D/F b, c 8.7×10¥11 gr TEQ/dscf or 1.7×10¥10 gr TEQ/ 8.7×10¥11 gr TEQ/dscf or 1.7×10¥10 gr TEQ/ dscf with PM control device operated at dscf with PM control device operated at ≤400 °F. ≤400 °F. NHW kiln and NHW in-line kiln/raw mill THC ... None ...... 50 ppmvd (as propane). Clinker cooler PM ...... 0.10 lb/ton dry feed and opacity level no great- 0.10 lb/ton dry feed and opacity level no great- er than 10 percent. er than 10 percent.

2 The EPA proposed regulations for subpart EEE of 40 CFR part 63 on April 19, 1996 at 61 FR 17358. 14188 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

TABLE 3.ÐSUMMARY OF PROPOSED EMISSION LIMITS a FOR AFFECTED SOURCES AT PORTLAND CEMENT PLANTSÐ Continued [English Units]

Affected source and pollutant Emission limit for existing sources Emission limit for new sources

Raw material dryer and materials handling 10 percent opacity ...... 10 percent opacity. processes (raw mill system, finish mill sys- tem, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging, and bulk loading and un- loading systems) PM. Raw material dryer THC ...... None ...... 50 ppmvd (as propane). a All concentration limits at 7 percent oxygen. b Includes main and alkali bypass stacks. c Applies to both major and area source portland cement plants. d If there is an alkali bypass stack associated with the kiln or in-line kiln/raw mill, the combined PM emission from the kiln or in-line kiln/raw mill and the alkali bypass must be less than 0.30 lb/ton dry feed.

C. Performance Test and Compliance Performance Specification (PS)–1 of would be monitored during both Provisions appendix B to 40 CFR part 60, is not performance tests. Where applicable, A performance test would be required feasible, EPA Method 9, ‘‘Visual the exhausts from both the kiln or in- to demonstrate initial compliance with Determination of the Opacity of line kiln/raw mill and the alkali bypass each applicable numerical limit. Under Emissions from Stationary Sources’’ would be required to meet the D/F the proposed standard, the owner or would be used. Where the control standard. operator would use EPA Method 5, device discharges through a FF with Under the proposed standard, the ‘‘Determination of Particulate Emissions multiple stacks or an ESP with multiple owner or operator would use a THC from Stationary Sources’’ to measure stacks, the owner or operator would continuous emission monitor (CEM) to PM emissions from kilns, in-line kiln/ have the option of conducting an continuously measure THC emissions raw mills and clinker coolers. These opacity test in accordance with Method from new or reconstructed kilns, new or tests would be repeated every 5 years. 9, in lieu of installing a COM. reconstructed in-line kiln/raw mills, Kilns and in-line kiln/raw mills Under the proposed standard, the and new raw material dryers. Owners or equipped with alkali bypasses would be owner or operator would use EPA operators of new or reconstructed in- required to meet the particulate Method 23, ‘‘Determination of line kiln/raw mills would be required to standard based on combined emissions Polychlorinated Dibenzo-p-dioxins and demonstrate initial compliance by from the kiln exhaust and the alkali Polychlorinated Dibenzofurans from measuring THC emissions while the raw bypass. Owners or operators of in-line Stationary Sources’’ to measure D/F mill is operating and while the raw mill kiln/raw mills would be required to emissions from kilns and in-line kiln/ is not operating. The proposed standard conduct a Method 5 performance test raw mills. These tests would be for THC does not apply to the exhaust while the raw mill is operating and a repeated every 5 years. The temperature from the alkali bypass of kilns or in-line separate Method 5 performance test at the inlet to the PMCD during the kiln/raw mills. Each THC CEM would while the raw mill is not operating. In period of the Method 23 performance be required to be designed, installed, conducting the Method 5 tests, a test would be continuously recorded. If and operated in accordance with EPA determination of the particulate matter carbon injection is used for D/F control Performance Specification (PS)–8A of collected in the impingers (‘‘back half’’) the carbon injection rate during the 40 CFR part 60, appendix B. 3 of the particulate sampling train would period of the Method 23 performance Under the proposed standard, the not be required. test would be monitored. Owners or owner or operator would use EPA The opacity exhibited during the operators of in-line kiln/raw mills Method 9, ‘‘Visual Determination of the period of the initial Method 5 would be required to conduct a Method Opacity of Emissions from Stationary performance test would be determined, 23 performance test, and monitor the Sources’’ to measure the opacity of gases if feasible, through the use of a temperature at the inlet to the PMCD discharged from raw mills, finish mills, continuous opacity monitor (COM). while the raw mill is operating, and a raw material dryers and materials Where the control device exhausts separate Method 23 performance test handling processes. These tests would through a monovent or where the use of and inlet temperature monitoring while be repeated every five years. A summary a COM in accordance with the the raw mill is not operating. If of proposed compliance and monitoring installation specifications of EPA applicable, the carbon injection rate options is given in Table 4.

TABLE 4.ÐSUMMARY OF PROPOSED COMPLIANCE DEMONSTRATION AND MONITORING REQUIREMENTS

Affected source and pollutant Compliance demonstration Monitoring requirement

New and existing NHW kiln and NHW in-line EPA Method 5 a ...... COM if feasible d, e or daily EPA Method 9 vis- kiln/raw mill b, c PM. ual opacity readings. New and existing NHW kiln and NHW in-line EPA Method 23 a ...... Monitor temperature at inlet to PM control de- kiln/raw mill b, c, h, i D/F. vice f and minimum carbon injection rate if activated carbon injection is used.

3 The EPA proposed amendments to appendix B of 40 CFR part 60 on April 19, 1996 at 61 FR 17358. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14189

TABLE 4.ÐSUMMARY OF PROPOSED COMPLIANCE DEMONSTRATION AND MONITORING REQUIREMENTSÐContinued

Affected source and pollutant Compliance demonstration Monitoring requirement

New NHW kiln and NHW in-line kiln/raw mill THC CEM (EPA PS±8A) j ...... THC CEM (EPA PS±8A) j THC. New and existing clinker cooler PM ...... EPA Method 5 a ...... COM d, g or daily EPA Method 9 visual opacity readings. New and existing raw and finish mill PM ...... EPA Method 9 a, g ...... Daily EPA Method 22 visual opacity readings or operation of bag break detectors. New and existing raw material dryer and mate- EPA Method 9 a, g ...... None. rials handling processes (raw mill system, finish mill system, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging, and bulk loading and unloading systems) PM. New raw material dryer THC ...... THC CEM (EPA PS±8A) j ...... THC CEM (EPA PS±8A) j a Required initially and every 5 years thereafter. b Includes main exhaust and alkali bypass. c In-line kiln/raw mill to be tested with and without raw mill in operation. d Must meet COM performance specification criteria. If the fabric filter or electrostatic precipitator has multiple stacks, daily EPA Method 9 vis- ual opacity readings may be taken instead of using a COM. e Opacity limit is 20 percent. Corrective action trigger is 15 percent. f Site-specific temperature limit at APCD inlet is established during successful D/F emissions testing. g Opacity limit is 10 percent. h Alkali bypass is tested with the raw mill on. i Temperature parameters determined separately with and without the raw mill operating. j EPA Performance Specification (PS)-8A. Proposed on April 19, 1996 at 61 FR 17358.

D. Monitoring Requirements percent for five percent of the operating measured in °F during the successful The proposed rule requires owners or time as determined by 30-minute compliance test, if D/F emissions were determined to be no greater than 0.15 ng operators to monitor the opacity of gases average COM readings, or if the 30- toxic equivalent (TEQ)/dscm (6.5 × discharged from kilns, in-line kiln/raw minute average readings exceed 15 10¥11 gr/dscf); (2) the higher of 400 °F mills, alkali bypasses and clinker percent during five percent of the daily or the level established during the coolers using a COM, if a COM can be Method 9 tests, during any 180 day successful Method 23 performance test, feasibly installed in accordance with reporting period, the owner or operator if D/F emissions were determined to be PS–1 of appendix B to 40 CFR part 60. would be required to develop and greater than 0.15 ng TEQ/dscm (6.5 × Where it is not feasible to install a COM, implement a quality improvement plan 10¥11 gr/dscf) but less than 0.2 ng TEQ/ e.g., where the control device discharges (QIP) consistent with subpart D of the dscm (8.7 × 10¥11 gr/dscf); or (3) 400 °F through a monovent, the owner or draft approach to compliance assurance 4 if D/F emissions were greater than 0.2 operator would be required to monitor monitoring. The owner or operator would be required to implement the QIP ng TEQ/dscm (8.7 × 10¥11 gr/dscf) but emissions by conducting daily Method less than or equal to 0.4 ng TEQ/dscm 9 tests. Where the control device as expeditiously as possible but in no case would the period for completing (1.7 × 10¥10 gr/dscf). discharges through an FF with multiple Owners or operators of in-line kiln/ stacks or an ESP with multiple stacks, the implementation of the plan exceed 180 days. If the owner or operator raw mills would be required to establish the owner or operator would have the separate PMCD inlet temperatures option of conducting daily tests in determined that more than 180 days was required to complete the appropriate applicable to periods when the raw mill accordance with Method 9, in lieu of is operating and periods when the raw installing a COM. The duration of the improvements, the owner or operator would be required to notify the mill is not operating. The appropriate Method 9 tests would be 30 minutes. ‘‘raw mill operating status dependent’’ Owners or operators would also be permitting authority and obtain a site- specific resolution subject to the PMCD inlet temperature could not be required to determine kiln or in-line exceeded. Owners or operators of kilns kiln/raw mill feed rate. approval of the permitting authority. The opacity limit for clinker coolers or in-line kiln/raw mills equipped with The opacity limit for kilns and in-line would be 10 percent, based on any 30- alkali bypasses would be required to kiln/raw mills would be 20 percent. minute average COM or Method 9 establish separate temperatures for the Any 30-minute average opacity reading reading. inlet to the kiln or in-line kiln raw mill greater than 20 percent determined by The proposed rule requires the owner exhaust PMCD and the kiln or in-line the COM or daily Method 9 test would or operator to monitor D/F emissions kiln alkali bypass PMCD. be a violation of the standard. Any ten from kilns and in-line kiln/raw mill If carbon injection is used for D/F consecutive 30-minute average COM systems and to maintain the control, the carbon injection rate would readings exceeding 15 percent, or any temperature at the inlet to the PMCD at be monitored, and maintained at a level single 30-minute average Method 9 a level no greater than either: (1) the equaling or exceeding the rate which reading exceeding 15 percent would higher of 400 °F or the level established existed during the successful Method 23 trigger a site-specific operating and during the successful Method 23 performance test. maintenance plan, incorporated within performance test plus five percent (not The proposed rule requires the owner the owner or operator’s part 70 permit. to exceed 25 °F) of the temperature or operator to monitor THC emissions The owner or operator would be from the main exhaust of new and required to initiate the site-specific 4 The EPA announced its intention to propose reconstructed kilns; the main exhaust of operating and maintenance plan within subpart D of 40 CFR part 64 on August 13, 1996 new and reconstructed in-line kiln/raw one hour. If the opacity exceeds 15 at 61 FR 41991. mills; and new and reconstructed raw 14190 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules material dryers using a CEM installed in reportable events (if they occur); and (4) standards. The following sources would accordance with PS–8A in 40 CFR part semiannual reports of excess emissions. be affected when located at a portland 60, appendix B.5 If excess emissions are reported, the cement plant that is a major source: The proposed rule requires the owner owner or operator would report (1) New, reconstructed, and existing or operator to monitor the opacity from quarterly until a request to return the NHW kilns and NHW in-line kiln/raw raw mills and finish mills either by reporting frequency to semiannual is mills including alkali bypasses that are conducting a daily six-minute test in approved. not subject to the HWC NESHAP 8 accordance with Method 22, ‘‘Visual Owners and operators would also be would be subject to emission limits for Determination of Fugitive Emissions required to prepare an operation and PM, D/F, and opacity; from Material Sources and Smoke maintenance plan for kiln, in-line kiln/ (2) New and reconstructed NHW kiln Emissions from Flares’’, or by installing, raw mill, raw mill and finish mill main exhausts and new and calibrating, operating and maintaining a APCDs consistent with subpart D of the reconstructed NHW in-line kiln/raw bag break detection system. In the event draft approach to compliance assurance 6 mills main exhausts, that are not subject that fugitive emissions are observed monitoring (CAM). The operation and to the HWC NESHAP,9 would be subject maintenance plan would become part of during the Method 22 test, the owner or to an emission limit for THC; their operating permit required by 40 operator would be required to conduct (3) New and reconstructed raw a 30-minute Method 9 test commencing CFR part 70. Under circumstances described in material dryers would be subject to an within 24 hours of the end of the emission limit for THC; Method 22 test. In addition, the owner section III. D. of this preamble, kiln and (4) New, reconstructed, and existing or operator would be required to in-line kiln/raw mill monitoring may clinker coolers would be subject to initiate, within one hour, a site-specific trigger a requirement to prepare and emission limits for PM and opacity; and operating and maintenance plan implement a site-specific Quality developed as part of the application for Improvement Program (QIP), that will (5) New, reconstructed, and existing a part 70 permit. also be consistent with the draft CAM raw material dryers, raw and finish In the event that the bag break rule.7 Owners or operators would be mills, and material handling processes detection system alarm were triggered, required to report if a QIP were would be subject to an opacity limit. the owner or operator would be required required, and to notify the permitting The following sources would be to initiate, within one hour, a site- authority if a required QIP would take affected when located at a portland specific operating and maintenance plan more than 180 days to implement. cement plant that is an area source: developed as part of the application for The NESHAP general provisions (40 new, reconstructed, and existing NHW a part 70 permit. CFR part 63, subpart A) require that kilns and NHW in-line kiln/raw mills, As required by the NESHAP general records be maintained for at least 5 including alkali bypasses, that are not provisions (40 CFR part 63, subpart A), years from the date of each record. The subject to the HWC NESHAP,10 would the owner or operator also must develop owner or operator must retain the be subject to emission limits for D/F. records onsite for at least 2 years but and implement a startup, shutdown, B. Air Quality Impacts and malfunction plan. may retain the records offsite the remaining 3 years. The files may be Nationwide baseline HAP emissions E. Notification, Recordkeeping, and retained on microfilm, microfiche, on a from portland cement manufacturing Reporting Requirements computer disk, or on magnetic tape. plants are estimated to be 260 Mg/yr All notification, recordkeeping, and Reports may be made on paper or on a (290 tpy) at the current level of control. reporting requirements in the general labeled computer disk using commonly The proposed standards would reduce provisions (40 CFR part 63, subpart A) available and compatible computer emissions of HAPs by 82 Mg/yr (90 tpy) would apply to portland cement software. from baseline levels. Estimates of manufacturing plants. These include: (1) IV. Impacts of Proposed Standards annual emissions of HAPs and expected Initial notification(s) of applicability, reductions from implementation of the notification of performance test, and A. Applicability proposed standards are given in metric notification of compliance status; (2) a The EPA estimates that there are and English units in Tables 5 and 6 report of performance test results; (3) a currently 118 portland cement plants in (docket item II–B–76, docket item II–B– startup, shutdown, and malfunction the United States. All portland cement 77). The following text reviews the plan with semiannual reports of plants would be subject to the proposed information provided in Tables 5 and 6.

TABLE 5.ÐNATIONWIDE ANNUAL EMISSIONS OF HAPS AND OTHER POLLUTANTS FROM PORTLAND CEMENT MANUFACTURING PLANTS [Metric units]

Baseline Emission re- Source Pollutant emissions duction (Mg/yr) (Mg/yr)

Kilns, in-line kiln/raw mills, and alkali bypasses ...... HAP Metals a ...... 150 ...... 35. PM a ...... 14,000 ...... 3,400. D/F (TEQ) b ...... 44 g/yr ...... 16 g/yr. Organic HAPs c ...... 120 ...... 47. THC c ...... 530 ...... 200.

5 The EPA proposed amendments to appendix B 7 The EPA announced its intention to propose 9 The EPA proposed regulations for subpart EEE of 40 CFR part 60 on April 19, 1996 at 61 FR 17358. subpart D of 40 CFR 64 on August 13, 1996 at 61 of 40 CFR part 63 on April 19, 1996 at 61 FR 17358. 6 The EPA announced its intention to propose FR 41991. 10 The EPA proposed regulations for subpart EEE 8 subpart D of 40 CFR part 64 on August 13, 1996 The EPA proposed regulations for subpart EEE of 40 CFR part 63 on April 19, 1996 at 61 FR 17358. at 61 FR 41991. of 40 CFR part 63 on April 19, 1996 at 61 FR 17358. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14191

TABLE 5.ÐNATIONWIDE ANNUAL EMISSIONS OF HAPS AND OTHER POLLUTANTS FROM PORTLAND CEMENT MANUFACTURING PLANTSÐContinued [Metric units]

Baseline Emission re- Source Pollutant emissions duction (Mg/yr) (Mg/yr)

Clinker coolers ...... HAP Metals a ...... 1.1 ...... 0.18. PM a ...... 8,100 ...... 1,300. a These numbers pertain to existing sources only. b These numbers pertain to both new and existing NHW kilns. c These numbers pertain to new NHW kilns only.

TABLE 6.ÐNATIONWIDE ANNUAL EMISSIONS OF HAPS AND OTHER POLLUTANTS FROM PORTLAND CEMENT MANUFACTURING PLANTS [English units]

Baseline Source Pollutant emissions Emission re- (tpy) duction (tpy)

Kilns, in-line kiln/raw mills, and alkali bypasses ...... HAP Metalsa ...... 160 ...... 38. PMa ...... 16,000 ...... 3,800. D/F (TEQ)b ...... 0.096 lbs/yr .. 0.035 lbs/yr. Organic HAPsc ...... 130 ...... 52. THCc ...... 580 ...... 220. Clinker coolers ...... HAP Metalsa ...... 1.2 ...... 0.2. PMa ...... 8,800 ...... 1,400. a These numbers pertain to existing sources only. b These numbers pertain to both new and existing NHW kilns. c These numbers pertain to new NHW kilns only.

The proposed MACT standards would HAP metals from the affected existing D. Solid Waste Impacts reduce PM emissions from the existing clinker coolers would be decreased by The amount of solid waste from NHW cement kilns and in-line kiln/raw 0.18 Mg/yr (0.2 tpy), a reduction of 16 existing NHW kilns, in-line kiln/raw mills by 3,400 Mg/yr (3,800 tpy) from percent from the baseline level. mills, and clinker coolers (located at the baseline level, a reduction of 24 Additional reductions of THC and major sources) would increase by an percent. Emissions of HAP metals from organic HAPs will result from the estimated 4,700 Mg/yr (5,200 tpy) due to the affected existing NHW cement kilns MACT standards for new raw material the proposed standard for PM control and in-line kiln/raw mills would be dryers. However, information on THC (docket item II–B–77). reduced by 35 Mg/yr (38 tpy), a emission rates from raw material dryers E. Energy Impacts reduction of 24 percent from the and the number of such affected sources baseline level. Emissions of D/F TEQ is not currently available, so nationwide For existing NHW kilns and NHW in- would be reduced by 15 grams (g)/yr reductions cannot be estimated. line kiln/raw mills the proposed MACT (0.033 lb/yr), a reduction of 36 percent standards for PM and D/F would from the baseline level, at existing NHW The MACT standards would also increase energy consumption by an cement kiln and in-line kiln/raw mills. reduce PM emissions from raw material estimated 11 million kilowatt hours For new NHW cement kilns and in- dryers, and other material handling (KWh)/yr [38 billion British thermal line kiln/raw mills, the MACT standards processes. However, no impacts were units (Btu)/yr]. For new NHW kilns and are projected to reduce emissions of D/ estimated for these affected sources NHW in-line kiln/raw mills the F TEQ by an average of 0.6 g/yr (0.001 because there is no available proposed MACT standards for D/F lb/yr) over the next 5 years (from major information on typical PM emissions would increase energy consumption by and area sources), a 36 percent from the affected sources that do not an estimated (docket item II–B–77) reduction from projected baseline meet the NSPS, and no information on 10,600 KWh/yr (36 million Btu/yr). emissions. For new kilns, the proposed the number of sources potentially standards would also reduce projected affected by this MACT standard. F. Nonair Health and Environmental Impacts emissions of THC by an average of 200 C. Water Impacts Mg/yr (220 tpy) and organic HAPs by an The reduction in HAP emissions average of 47 Mg/yr (52 tpy) over the Control of D/F emissions using water would have a beneficial effect on nonair next 5 years, an emissions reduction for injection for temperature reduction health and environment impacts. D/F each of 39 percent from corresponding would result in an estimated increased and HAP metals have been found in the estimated nationwide baseline water consumption (evaporated into the Great Lakes and have been listed as emissions (docket item II–B–76). kiln exhaust gas for cooling) of 190 pollutants of concern due to their The proposed MACT standards would million gallons per year for existing persistence in the environment, reduce PM emissions from 35 percent of NHW kilns and NHW in-line kiln/raw potential to bioaccumulate, and toxicity the existing clinker coolers by 1,300 Mg/ mills of 8 million gallons per year for to humans and the environment (docket yr (1,400 tpy) from the baseline level, a new NHW kilns and NHW in-line kiln/ item II–A–31, pp. 18 to 21). reduction of 16 percent. Emissions of raw mills (docket item II–B–77). Implementation of the proposed 14192 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

NESHAP would aid in reducing aerial THC with a continuous emission This definition of major source has been deposition of these emissions. monitor at an estimated four new kilns upheld in a recent decision, National Occupational exposure limits under are $576,000 and $340,000, respectively Mining Ass’n v. EPA, 59 F.3d 1351 (D.C. 29 CFR part 1910 are in place for some (docket item II–B–77). Cir. 1995). In this case, the Court also of the regulated HAPs (and surrogates) concluded that ‘‘EPA may require the H. Economic Impacts except D/F. The National Institute for inclusion of fugitive emissions in a Occupational Safety and Health An economic analysis of the proposed site’s aggregate emissions without recommends an exposure level for D/F NESHAP was conducted. The EPA conducting any special rule making’’ for at the lowest feasible concentration estimates that regional market price the purpose of determining whether a (docket item II–I–45, p. 124). The increases would be between 0.6 and 2.0 source is major. proposed NESHAP would reduce percent. The national average price The listing of the portland cement emissions, and consequently, increase is estimated to be 1.1 percent. major source category was based on the occupational exposure levels for plant The related decreases in quantity Administrator’s determination that employees. demanded are estimated to range from some portland cement plants would be major sources of particulate HAPs, G. Cost Impacts 0.5 to 1.8 percent, with a national average of 0.9 percent. Domestic including but not limited to compounds For existing NHW kilns, NHW in-line production is estimated to decrease of arsenic, cadmium, chromium, lead, kilns/raw mills, clinker coolers, raw and more than consumption (1.7 percent manganese, mercury, nickel, and finish mills, and materials handling compared to 0.9 percent nationally selenium. Information and data have facilities, the projected total capital because imports are estimated to been compiled by the EPA costs (including estimated monitoring increase by 6.3 percent). The decreases characterizing the portland cement costs) of the proposed standard for in domestic production may lead to the manufacturing process and its controlling emissions of PM and D/F are loss of approximately 230 jobs. No associated emission sources. There are $87 million. The projected annual costs plants are expected to close; two kilns three main steps to manufacturing (including monitoring costs) for these are expected to cease operating (docket portland cement: (1) kiln feed controls are $27 million. For new NHW item II–A–46). preparation (i.e., crushing and grinding), kilns and NHW in-line kiln/raw mills, (2) firing the raw mix in a rotary kiln to the projected total capital and annual V. Selection of Proposed Standards produce clinker (including fuel costs of the MACT standard for D/F are A. Selection of Source Category handling), and (3) clinker grinding to $390,000 and $89,000, respectively. No produce cement. The responses received capital and annual costs are projected Section 112(c) of the Act directs the from the information collection request for new and reconstructed NHW kilns, Agency to list each category of major (ICR) that was sent to every company in NHW in-line kilns/raw mills, and and area sources, as appropriate, that the industry indicated that HAP clinker coolers as a result of the emits one or more of the HAPs listed in emissions have been identified from all proposed standard for PM because these section 112(b) of the Act. The EPA steps in the manufacturing process. The sources will be required to comply with published an initial list of source kiln feed preparation and clinker the existing NSPS for portland cement categories on July 16, 1992 (57 FR grinding operations all produce plants (40 CFR part 60, subpart F). The 31576), and revised the list on June 4, particulate emissions, a fraction of proposed THC emissions limit for new 1996 (61 FR 28197). ‘‘Portland Cement which are metal HAPs. The responses NHW kilns and NHW in-line kiln/raw Manufacturing’’ is one of the 174 also showed that HAPs are emitted from mills can be met by processing materials categories of sources on the initial list. the clinker production step; the kiln with typical levels of organic content, As defined in the EPA report, exhaust gases contain metal HAPs, without installing and operating add-on ‘‘Documentation for Developing the organic HAPs, and HCl. pollution control systems that would be Initial Source Category List’’ (docket All kiln exhaust gases are controlled relatively costly. Feed materials that item II-A–18), the Portland Cement at the existing plants by either FFs or have sufficiently low levels of organic Manufacturing source category includes ESPs to limit PM emissions. Based on matter are widespread across the U.S., any facility engaged in manufacturing currently available data, there are no and the siting of new kilns is not portland cement by either the wet or dry plants that would be defined as major expected to be significantly limited by process. The category as described for sources according to section 112(a) of the proposed emission limit. the listing includes but is not limited to the Act on the basis of the mass of metal Information is not available to quantify the following process facilities: kiln, HAPs emitted from kilns. That is, the the costs of excluding deposits of feed clinker cooler, raw mill system, finish reported emissions, considering materials with the highest levels of mill system, raw material dryer, raw controls, did not exceed 9.1 Mg/yr (10 organic constituents as the primary feed material storage, clinker storage, tpy) of a single metal HAP or greater for new kilns. Owners/operators of the finished product storage, conveyor than 22.7 Mg/yr (25 tpy) of a few existing cement plants that process transfer points, bagging, and bulk combination of metal HAPs from a feed materials containing relatively high loading and unloading systems. cement kiln. However, operators of levels of organic material, and who The term ‘‘major source’’ is defined portland cement plants must include desire to expand production through the under section 112(a)(1) of the Act and HAP emissions from fugitive sources in addition of a new kiln, would need to in the EPA general provisions (40 CFR determining whether their facility is a blend their existing feed materials with 63.2) as: major source of HAP emissions. Fugitive lower THC materials from offsite, or sources may emit enough HAP metals to selectively process lower organic ** * any stationary source or group of make a plant a major source (when portions of the feed materials from the stationary sources located within a contiguous area under common control that fugitive emissions are combined with all onsite mine or quarry in the new kiln. emits or has the potential to emit considering other HAP emissions at the site). Regarding the costs of monitoring, for controls, in the aggregate, 10 tons per year or ICR responses for individual plants new NHW kilns and in-line kiln/raw more of any hazardous air pollutant or 25 did show quantities of hydrogen mills, the projected fifth-year national tons per year or more of any combination of chloride (HCl) and chlorine each being capital and annual costs of monitoring hazardous air pollutants * ** emitted in excess of 9.1 Mg/yr (10 tpy). Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14193

Most HCl emissions (reported in the ICR process and dry process. Approximately emitting seven specific pollutants, responses) were measured by EPA one-third of the kilns in operation use including the following HAPs emitted Method 26, a method that may a wet process; the other two-thirds use by cement kilns: mercury, 2,3,7–8 underestimate HCl emissions by a factor a dry process. The trend in the industry tetrachlorodibenzofuran, and 2,3,7–8 of 2 to 25 (docket item II–I–121). Results for new kilns is toward the dry process tetrachlorodibenzo-p-dioxin. (Although of Fourier Transform Infrared (FTIR) because it is more energy efficient than other 112(c)(6) HAPs have been found spectroscopy emissions tests suggest the wet process. Within the dry process in cement kiln exhaust, the majority of that most plants may be major sources there are three variations: long kiln dry the emissions data and concern for of HCl. Hydrochloric acid process, preheater process, and NHW cement kiln 112(c)(6) HAPs is for concentrations of two wet process preheater/precalciner process. The wet mercury and dioxin/furans.) The EPA portland cement kiln exhaust gases process kilns and all variations of the must assure that source categories (docket item II–A–20, docket item II–A– dry process kilns use the same raw accounting for not less than 90 percent 40) determined by FTIR spectroscopy materials and use the same types of of the aggregated emissions of each ranged from 11 parts per million by pollution controls for PM emissions enumerated pollutant are subject to volume (ppmv) to 110 ppmv (dry basis (docket item II–C–94, attachment MACT standards. Congress (docket item corrected to 7 percent oxygen). chapters 2 and 3). Based on ICR II–I–13, p. 155 to 156) singled out the Assuming an average HCl emission of responses and test data the use of these HAPs enumerated in section 112(c)(6) as 50 ppmv (dry basis, corrected to 7 pollution controls to meet the NSPS for being of ‘‘specific concern’’ not just percent oxygen), a wet kiln producing PM is feasible for wet kilns and all types because of their toxicity but because of 600,000 tpy of clinker would emit of dry kilns. Likewise test data show their propensity to cause substantial approximately 150 tpy of HCl. that lowering kiln exhaust gas harm to human health and the Some plants reported formaldehyde, temperature to 400° F at the APCD inlet, environment via indirect exposure benzene, and toluene emissions each to MACT for reducing D/F concentrations, pathways (i.e., from the air through be in excess of 9.1 Mg/yr (10 tpy). One is feasible for wet and all types of dry other media, such as water, soil, food plant injects activated carbon into the kilns. In any event, if classes were uptake, etc.). Furthermore, these kiln exhaust to reduce the plume defined based on process type, the pollutants have exhibited special opacity thought to be caused by MACT floor technology would be potential to bioaccumulate, causing hydrocarbons in the feed (docket item identical (docket item II–B–73). For this pervasive environmental harm in biota II–B–35). Various organic HAPs were reason, the EPA does not propose (and, ultimately, human health risks). detected in its kiln exhaust using FTIR classes based on process type. The EPA estimates that approximately spectroscopy (docket item II–A–41). The EPA OSW has recently proposed five tons of mercury are emitted Based on the kiln operating 330 d/yr, 24 NESHAPs for various HWC types, annually in aggregate from NHW cement hr/d, kiln emissions were estimated at including cement kilns which burn kilns at portland cement plants in the 331 Mg/yr (365 tpy) of hexane, 29 Mg/ hazardous waste.11 The proposal is U.S. (docket item II–B–65). Also, it is yr (32 tpy) of benzene, 27 Mg/yr (30 tpy) consistent with the terms of the 1993 estimated that NHW kilns emit in of toluene, 15 Mg/yr (16 tpy) of settlement agreement between the aggregate approximately 22 lb of D/F (or naphthalene, and 12 Mg/yr (13 tpy) Agency and a number of groups that about 0.10 lb TEQ per year (docket item chlorobenzene (docket item II–A–41, challenged EPA’s final RCRA rule II–B–57, docket item II–B–76). To assure docket item II–B–76). entitled ‘‘Burning of Hazardous Waste that these pollutants are subject to Based on ICR responses, in Boilers and Industrial Furnaces’’ (56 MACT, EPA is proposing to add the acetaldehyde, acrylonitrile, arsenic FR 7134, February 21, 1991) and with portland cement manufacturing area compounds, lead compounds, the Agency’s Hazardous Waste source category to the list of source manganese compounds, mercury Minimization and Combustion Strategy categories and subcategories listed compounds, naphthalene, phosphorus, that was first announced in May 1993. pursuant to section 112(c)(6). [See 62 FR styrene, and xylenes were emitted at Hazardous waste burning cement kilns 33625, 33637–38; June 20, 1997.] The rates of one tpy or greater from at least are included in the portland cement EPA is doing so because area and major one portland cement kiln (docket item manufacturing source category, but are source cement kilns emit these HAPs in II–B–69). The analysis of HAP emissions subject to different regulations than the roughly equal quantities, because the data from portland cement NHW kilns. This proposed NESHAP for dioxins and furans emitted by area manufacturing plants summarized portland cement manufacturing covers sources are equally toxic as those above indicates that most if not all only NHW kilns and NHW in-line kiln/ emitted by major sources (i.e., the cement plants are major sources of HAP raw mills. However, this proposed distribution of dioxin and furan isomers emissions. NESHAP does cover the other affected is the same for both area and major Consideration of subcategories or sources (including clinker coolers, raw sources), and because these are classes. Section 112(d)(1) of the Act material dryers, and materials handling particularly toxic HAPs. In addition, provides that the Administrator may processes) located at manufacturing EPA is already counting on control of distinguish among classes, types and plants regardless of whether the plant these pollutants from cement kiln area sizes of sources within a category or has hazardous waste-burning cement sources through the MACT process in subcategory in establishing standards. kilns. assuring that sources accounting for at The EPA reviewed the listed source Decision to regulate portland cement least 90 percent of the emissions of category to determine if different classes area sources. Section 112(c)(6) of the these HAPs are subject to standards were warranted. All portland cement is Act states that by November 15, 2000, under section 112(c)(6). [See 62 FR at manufactured in direct-fired, rotating EPA must list and promulgate section 33635, 33636; June 20, 1997.] kilns. In 1993, 210 kilns at 118 plants 112(d)(2) or (d)(4) standards (i.e., The EPA notes, however, as it did in were in operation throughout the nation standards reflecting MACT) for the June 20th notice, that although the and Puerto Rico (docket item II–I–101). categories (and subcategories) of sources section 112(c)(6) listing process makes There are two main portland cement sources subject to standards under manufacturing processes differentiated 11 The EPA proposed regulations for subpart EEE subsection (d)(2) or (d)(4), the language on the basis of feed preparation: wet of 40 CFR part 63 on April 19, 1996 at 61 FR 17358. of section 112(c)(6) does not specify 14194 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules either a particular degree of emissions interpretation in the hazardous waste alumina. Fly ash from coal-fired boilers control or a reduction in these specific combustion NESHAP (see 61 FR at can often be a suitable feed component, pollutants emissions to be achieved by 17365–66), but now believes that since it is already finely dispersed and such regulations. Rather, the specific section 112(c)(6) is better read to apply provides silica and alumina (docket control requirements will result from only to particular HAPs rather than to item II–I–5, p. 180). determining the appropriate level of the entire source. (Since the language of Ball mills are used to grind the feed control under MACT [section 112(d)(2), section 112(c)(6) is ambiguous as to material to the required fineness for or section 112(d)(4)], and this whether the entire source must comply both the wet and dry processes. In the interpretation will be made during the with MACT, or just for the HAPs wet-kiln process, the raw materials are section 112(d) rulemakings affecting the enumerated in section 112(c)(6), [see 61 ground with water to produce a well- particular source category, not as part of FR at 17365 n. 12], either interpretation homogenized slurry. In the dry-kiln the section 112(c)(6) listing process. is legally permissible.) Applying the process, raw materials are ground in [See 62 FR at 33631; June 20, 1997.] provision to the entire source could closed-circuit ball mills with air As noted above, EPA is interpreting result in applying MACT to all HAPs separators. section 112(c)(6) to require the Agency emitted by area sources under Emissions from the grinding and to establish standards under section circumstances where control would not conveying operations are essentially 112(d)(2) or 112(d)(4) for all sources otherwise be warranted. particulate emissions (e.g., dust from listed pursuant to section 112(c)(6), limestone, clay, bauxite ore) which B. Selection of Emission Sources whether such sources are major or area contain HAP metals. Particulate matter sources. This interpretation reflects the The portland cement manufacturing control devices (FFs and ESPs) serve as express language of section 112(c)(6) process consists of the following unit HAP control devices. The quantity of that sources * * * of each such operations: emissions of HAP metals from raw pollutant are subject to standards under (1) Grinding the carefully materials handling processes are site subsection (d)(2) or (d)(4) and is in proportioned raw materials to a high specific and depend on dust control accord with the function of section degree of fineness; practices and weather conditions. 112(c)(6): (2) firing the raw mix in a rotary kiln 2. Feed Preparation Processes (Drying, to produce clinker; Blending, Storage) To assure that sources emitting significant (3) grinding the resulting clinker to a amounts of the most dangerous HAPs are fine powder and mixing with gypsum to Drying of kiln feed materials can be subject to the rigorous MACT standard- carried out in separate units that are gas- setting process. produce cement; and (4) raw and finished materials or coal-fired. However, to improve the [See S. Rep. No. 228, 101st Cong. 1st handling. process energy efficiency, waste heat Sess., pp. 155, 166.] The following sections include can be utilized directly in the mill by The EPA has in fact already adopted descriptions of the affected sources in routing the kiln gases through the raw this interpretation in the proposed rule the portland cement manufacturing mill. The catch from the APCDs that for hazardous waste combustion source category, the origin of emissions follow the raw mill is returned to the sources. from these affected sources, and factors process and therefore, the APCD is also [See 61 FR at 17365; April 19, 1996.] affecting the emissions. The affected part of the process (docket item II–I– Under an alternative interpretation of sources for which MACT standards are 109, chapter 11.6). Where kiln gases are section 112(c)(6), the Agency might also being proposed include the kiln, in-line routed through the raw mill, emissions establish standards pursuant to section kiln/raw mills, clinker cooler, raw and from the combined in-line kiln/raw 112(d)(5)—based on generally available finish mills, raw material dryer, and mills must be controlled for the same control technology (GACT)—for area materials handling processes. pollutants and to the same extent as kiln sources listed under section 112(c)(6). gases. Section 112(d)(5) states that for 1. Feed Preparation Processes (Grinding, The more energy efficient preheater categories and subcategories of area Conveying) and preheater/ precalciner kilns usually sources listed pursuant to subsection Oxides of calcium, silicon, aluminum, route the exhaust gas from the preheater 112(c), the Administrator may establish and iron comprise the basic ingredients to a raw mill to dry the material in standards pursuant to GACT rather than of cement. The calcareous raw materials suspension in the mill. The gas stream MACT. Although the reference to listing include limestone, chalk, marl, sea exits the raw mill heavily laden with area sources may have been intended to shells, aragonite, and an impure kiln raw material and is exhausted to an refer to the area source listing process in limestone known in the industry as APCD to recover the raw material and section 112(c)(3), it arguably extends to natural cement rock. The requisite silica any material entrained from the kiln listing under section 112(c)(6) as well. and alumina may be derived from clay preheater system. The raw material is The Agency requests comment on the or shale from a limestone quarry. Such collected and fed to a blending system use of this alternative approach to materials usually contain some of the to provide the kiln with a homogenous standard-setting for area sources listed required iron oxide, but many plants raw feed. Dry process blending is under section 112(c)(6). need to supplement the iron with mill usually accomplished in a silo with In addition, the EPA is interpreting scale, pyrite cinders, or iron ore. Silica compressed air (docket item II–I–5, p. section 112(c)(6) to require that, for is supplemented, if necessary by adding 183). sources listed under section 112(c)(6), sand to the raw mix; alumina may be If the raw material dryer uses heat MACT [or section 112(d)(4)] controls supplemented by adding bauxite or from a separate combustion source (fuel- apply only to the section 112(c)(6) HAPs alumina-rich flint clays to the raw mix fired raw material dryer), exhaust gases emitted by the source. Thus, in this (docket item II–I–5, p. 180). may contain trace quantities of products proposed rule, only mercury, D/F, and Industrial by-products and wastes are of incomplete combustion (PICs), HCl, POM (using THC as a surrogate) emitted becoming more widely used as feed and metals from the fuel. In addition, if by cement kiln area sources would be materials for cement production, e.g., the feed materials contain organic subject to the MACT standards. The slags contain carbonate-free lime, as matter, this material may volatilize in EPA is aware that it proposed a different well as substantial levels of silica and the raw material dryer (regardless of the Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14195 source of the heat) and the dryer materials contain organic carbon such as data points. Fabric filter-controlled PM exhaust may contain organic HAPs. petroleum or kerogens. The organic emissions for five NHW kilns ranged Under the NSPS, emissions from the carbon can volatilize in the kiln and from 0.002 to 0.29 gr/dscf (corrected to raw material dryer and the feed appear at the stack exit as a ‘‘blue haze’’ seven percent oxygen), with an average preparation materials handling which may contain organic HAPs. of 0.014 gr/dscf for 10 data points. For processes (raw mill system, raw material During one EPA-sponsored test at a a 600,000 ton of clinker/year kiln (this storage, and conveyor transfer points) cement kiln using feed material with a represents the capacity of a mid-sized are currently subject to a limit of 10 high organic matter content, significant kiln), the range of kiln PM emissions percent opacity. levels of benzene (32 tpy) were detected (0.002 gr/dscf to 0.29 gr/dscf) in the kiln exhaust (docket item II–A– corresponds to 9 tpy to 1,360 tpy 3. Kiln 41, docket item II–B–76). Organic HAP (docket item II–B–76). Based on an The high temperature processing emissions were found to vary with THC average kiln PM emission of 0.03 gr/ required to produce portland cement emissions during this test. dscf, and assuming HAP metal takes place in the rotary kiln. The rotary Chlorine entering the kiln system emissions are one percent by weight of kiln consists of a refractory-brick-lined (from raw materials and also from fuels) PM emissions, HAP metal emissions are cylindrical steel shell that is rotated by may react with the organic compounds approximately 1.4 tpy for a 600,000 ton an electrical drive. It is a countercurrent present in the raw materials or with of clinker/year kiln (docket item II–B– heating device slightly inclined so that PICs, to form chlorinated hydrocarbons 76). Based on ICR responses, at least one material fed into the cooler, upper end or D/F in the kiln stack exhaust. plant reported kiln emissions of over travels slowly by gravity to be Approximately 20 percent of the HAPs one tpy for one or more of the following discharged onto the clinker cooler from listed in section 112 of the Act are metal HAPs: chromium, lead, arsenic, the hotter, lower discharge end. The chlorinated organic compounds. mercury, antimony, and manganese. burners at the firing end, i.e., the lower In the wet process and in the long kiln However, no plant reported kiln or discharge end, produce a current of dry process, the emission point for the emissions of more than 10 tpy of any hot gases that heats the clinker and the kiln gases is typically the APCD single metal HAP (docket item II–B–69). calcined and raw materials in discharge stack. In the more complex Kiln mercury. Mercury may be succession as the gases pass toward the preheater and precalciner process emitted in the kiln exhaust as either a feed end. As has been mentioned, a kiln designs, the kiln gases are routed particulate or a gas. A summary was can be classified as wet (in which the through other pieces of process compiled of all currently available kiln feed is a slurry) or dry. Dry process equipment, such as the raw mill. In-line mercury emission data for HW and kilns include the older-style, long dry kiln/raw mills vent kiln gases through NHW kilns (docket item II–B–65). There process kiln with a single firing point; the raw mill. In these systems the gases are 8 data points for 7 NHW kilns, and the preheater/kiln system; and the discharged from the APCD on the raw 19 data points from 21 HW kilns (two preheater/precalciner kiln system. In the mill, are in fact kiln exhaust gases. sets of kilns shared a stack). The HW preheater/precalciner system, a second The kiln alkali bypass stack is an kiln data were adjusted to remove burner is used to carry out calcination additional emission point for kiln gases mercury in the HW fuel and any in a separate vessel interposed between which is sometimes found with mercury spikes. By removing the the preheater and the kiln. The preheater and precalciner processes. portion of emissions attributed to test precalciner uses preheated combustion The alkali bypass gas streams are kiln method spiking and HW fuel mercury air drawn from the clinker cooler and gases that have not contacted the inputs, corrected emission data that are the kiln exit gases and is equipped with incoming feed material. The kiln gases comparable with data from NHW kilns an oil or coal burner that burns 50 to 60 that are drawn out of the kiln prior to were developed. percent of the total kiln fuel input. The contact with the precalciner and For a 600,000 ton of clinker/year kiln, precalciner system permits the use of preheater sections pass through a the range of the mercury emissions data smaller kilns since only the actual separate APCD and may be discharged [0.6 to 83 micrograms (µg)/dscm at 7 clinkering process is carried out in the to the atmosphere through a separate percent oxygen] corresponds to 0.0012 rotary kiln. stack. In other process arrangements, the tpy to 0.17 tpy (docket item II–B–76), The kiln exhaust contains a wide treated alkali bypass gases are combined while the average mercury emission (24 variety of HAPs and other air pollutants with the main kiln exhaust gases and µg/dscm) corresponds to approximately that originate from the fuel combustion are discharged through a common stack. 0.05 tpy (docket item II–B–76). One and from the feed material. In 1991, It is expected that the same HAPs found plant responding to the ICR reported about 87 percent of the total U.S. kiln in the main kiln stack are found in the mercury emissions of over one ton per capacity used coal, coke, or a alkali bypass stack. year. combination of coal and coke as the Kiln PM/HAP metals. All HAP metals Kiln D/F. For the purposes of analysis primary fuel (docket item II–I–42, p. 20). have been identified in kiln exhaust PM of the data, concentrations of dioxin and Only 3.5 percent of the kiln capacity is at various levels. Based on analysis of furan congeners (specifically the tetra, fired with natural gas alone (not in emissions test reports, the total average hepta, hexa, and octa congeners) were combination with other fuels) and oil as HAP metal content of kiln exhaust PM converted to a concentration that was a primary fuel represented an is approximately one weight percent equivalent to the toxicity of 2,3,7,8- insignificant fraction of the total kiln (docket item II–B–36). Mass emission tetrachlorodibenzo-p-dioxin. capacity. Plants firing waste-derived rates of metal HAPs from the kiln Determination of TEQ concentrations fuels account for the balance of the total depend on the concentration of metals was performed according to the capacity. The most common waste fuels in the PM and the emission rates of PM. international method (docket item II–A– used in cement kilns are RCRA Analyses of emissions data (docket item 8). hazardous waste, tires and tire-derived II–B–62) have shown that ESP- An analysis of all available D/F fuel. To a lesser extent, MSW, medical controlled PM emissions for six NHW emission data from 15 NHW kilns waste, and used motor oil are fired. kilns ranged from 0.009 to 0.20 gr/dscf showed that concentrations of D/F TEQ Feed materials are a source of gaseous (corrected to seven percent oxygen), emitted in the kiln exhaust gas organic HAP emissions. Some feed with an average of 0.045 gr/dscf for 14 measured downstream of the PMCD 14196 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules ranged from 0.001 ng TEQ/dscm to over was a major source based on organic 46 NHW and HW kilns range from 0.2 1.2 TEQ ng/dscm with an average of HAP emissions. Organic HAP emission ppmvd to 157 ppmvd and the average 0.20 ng TEQ/dscm (all concentrations at rates were estimated at 331 Mg/yr (365 is 27 ppmvd for 72 data points (docket 7 percent oxygen)[D/F test data are tpy) hexane, 27 Mg/yr (30 tpy) toluene, item II–B–62). (All concentrations were shown in Table 8 in Section V.D.2]. For 29 Mg/yr (32 tpy) benzene, 14.5 Mg/yr corrected to seven percent oxygen.) For a 600,000 ton of clinker/year kiln, the (16 tpy) naphthalene, and 12 Mg/yr a 600,000 ton of clinker/year kiln, the range of the D/F TEQ concentrations (13.2 tpy) chlorobenzene (docket item range of kiln HCl emissions corresponds (0.001 to 1.2 ng/dscm) corresponds to II–A–41, docket item II–B–76). to 0.6 tpy to 490 tpy, while the average 0.0018 g/yr to 2.2 g/yr (docket item II– In the ICR responses, many organic HCl emission (27 ppmvd) corresponds B–76), while the average concentration HAPs were reported as being emitted in to 84 tpy (docket item II–B–76). Based (0.20 ng TEQ/dscm) corresponds to an the kiln exhaust gas. Organic HAPs for on analyses of test reports and ICR emission of 0.4 g TEQ/year (docket item which there was at least one report of responses, HCl emissions range from II–B–76). emissions of at least 0.91 Mg/yr (1.0 tpy) less than 0.91 Mg/yr (1 tpy) to over 272 The predominant factor affecting D/F include benzene, naphthalene, toluene, Mg/yr (300 tpy). Ten plants responding emissions is the temperature of gases at formaldehyde, xylenes, styrene, and to the ICR reported emissions of HCl the inlet to the PMCD (docket item II– acetaldehyde. One facility reported greater than 9.1 Mg/yr (10 tpy) from I–81, docket item II–I–82). Test data more than 9.1 Mg/yr (10 tpy) each of each of 15 different kilns (docket item collected from both HW and NHW kilns benzene and toluene emissions (docket II–B–69). show a trend of decreasing D/F gas item II–B–69). The EPA notes that with the stream concentrations with decreasing Stack concentrations of THC were exception of three kilns that were temperature at the inlet to the PMCD. In available for 16 NHW kilns (docket item measured by FTIR, all of the HCl tests conducted on individual cement II–B–75). The concentrations were emission measurements included in the expressed in ppmv as propane on a dry kilns where the gas stream temperature analysis were obtained using EPA ° basis (ppmvd) at seven percent oxygen. was varied in the range of 350 to 500 F, Method 26. A recently completed study For a 600,000 ton of clinker/year kiln, reductions in D/F TEQ concentrations that compared the results of a draft test the range of kiln THC emissions (0.4 by factors of 5 to 10 were observed protocol using the gas filter correlation ppmvd to 224 ppmvd as propane) when gas temperatures entering the infrared (GFCIR) instrumental method corresponds to 1.5 tpy to 840 tpy PMCD were lowered from the upper to (proposed EPA Method 322) and EPA (docket item II–B–76), while the average lower end of the temperature range Method 26 found that HCl measured by (docket item II–I–81, docket item II–I– kiln THC emissions (35 ppmvd as GFCIR was typically much higher than 82). propane) corresponds to 131 tpy (docket that measured by Method 26 (docket Kiln THC/organic HAPs. The THC item II–B–76). Organic HAP and organic HAP concentrations and concentrations, as a percentage of THC item II–I–121). Concentrations of HCl emission levels from kilns vary widely, for these data, ranged from 0 to 98 measured by GFCIR ranged from 1.5 to depending primarily on the feed percent (docket item II–B–75). With an 4.5 times the concentrations measured materials (docket item II–I–66, docket average of 23 percent of the THC by Method 26 for wet kilns and up to item II–I–67, docket item II–I–68). Some emissions being organic HAPs a 600,000 30 times the concentrations measured feed materials contain organic carbon ton of clinker/year kiln would emit from by Method 26 for a dry kiln. Subsequent such as petroleum or kerogens. One kiln 0.3 tpy to 190 tpy of organic HAPs, laboratory recovery efficiency analyses operator has conducted an extensive based on the range of THC stack suggested that Method 26 is biased study of the source of high THC and concentrations. significantly low due to a scrubbing carbon monoxide (CO) emissions from The emissions from kiln alkali effect in the front half of the sampling the kiln (docket item II–I–107). Higher bypasses are expected to be the result of train. Therefore, it is likely that than normal emissions from this kiln incomplete combustion of fuel in the currently available HCl emission data were attributed to the shale used in the kiln, since this exhaust gas stream does are understated. raw materials. Replacing the shale with not contact incoming kiln feed 4. Clinker Cooler fire clay in the raw mix resulted in a materials. Alkali bypass concentrations dramatic reduction of THC and CO of THC were available for two kilns It is desirable to cool the clinker emissions. operating under NHW conditions. The rapidly as it leaves the burning zone of Another NHW kiln operator has concentrations were expressed as the kiln. Heat recovery, preheating of determined that the raw materials are ppmvd (as propane) at seven percent kiln combustion air, and fast clinker the source of the majority of the oxygen, and averaged 3.4 ppmvd and 27 cooling are achieved by clinker coolers observed benzene emissions (docket ppmvd, respectively (docket item II–B– of the traveling-grate, planetary, rotary, item II–D–112). Kiln stack gas and 75). For typical alkali bypass gas flow or shaft type. Most commonly used are preheater gas stream analyses before and rates at a 600,000 ton of clinker/year grate coolers where the clinker is after switching fuel from a combination kiln, this range corresponds to conveyed along the grate and subjected of coal and petroleum coke to 100 approximately 2.4 tpy to 19 tpy of THC, to cooling by ambient air, which passes percent natural gas showed little effect while the average kiln bypass THC through the clinker bed in cross-current on benzene emissions. These test data concentration (15 ppmvd) corresponds heat exchange. suggest that benzene emissions derived to 10.5 tpy of THC (docket item II–B– A portion of the clinker cooler from the raw materials (docket item II– 76). Assuming that 5 percent of the THC exhaust serves as secondary combustion I–41). emissions from alkali bypasses are air in the kiln. The remainder of the Fourier transform infrared organic HAPs (docket item II–B–75), a clinker cooler exhaust is discharged to spectroscopy was used to determine 600,000 ton of clinker/year kiln would the atmosphere separately from the kiln organic HAP emissions at a NHW kiln. emit from 0.3 tpy to 6 tpy of organic exhaust gas through a PM emission Estimated organic HAP emissions HAPs, based on the range of THC alkali control device. Clinker cooler gases are (based on average concentrations bypass stack concentrations. also sometimes routed through other measured in the kiln exhaust and 7,920 Kiln HCl. The currently available HCl pieces of process equipment, such as the hr/yr of operation) showed that the kiln emission data obtained from a total of coal or raw mill, as a source of warm, Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14197 dry air prior to being reused as clinker), the concentrations of use of PM as a surrogate for non-volatile combustion air. individual HAP metals range from an metal HAP emissions reduces the costs Since clinker coolers are not average of 0.014 ppmw mercury to an associated with compliance testing and combustion devices, the only HAP average of 76 ppmw chromium. The monitoring. expected to be emitted are the metal total average concentration of metal The proposed standards establish an HAPs associated with the clinker cooler HAPs in portland cement is 143 ppmw emission limit for THC as a surrogate for particulate, i.e., clinker dust. HAP (docket item II–I–44). metals that have been detected in Total nationwide emissions of HAPs, organic HAPs from new or clinker include chromium, lead, nickel, PM, and VOCs from the above emission reconstructed NHW kilns for the arsenic, beryllium, antimony, selenium, sources in portland cement plants are following reasons. Methods used in the and mercury. In one study conducted by estimated at 23,300 Mg/yr (25,700 tpy). cement manufacturing industry for the the Portland Cement Association Over 260 Mg/yr (290 tpy) of these control of organic HAP emissions would (docket item II–I–44, p. 4), the average emissions are HAPs. Emissions of PM be the same methods used to control concentration of metal HAPs that has and VOCs are estimated at 23,000 Mg/ THC emissions. These emission control been detected in clinker is 555 parts per yr (25,400 tpy). methods include using feed materials million by weight (ppmw). In an earlier Given that these processes release with relatively low levels of organic study, cited by EPA OSW the average significant quantities of HAPs and the matter and achieving good combustion HAP metal content in clinker was found availability of emission control systems, (docket item II–B–47, docket item II–B– to be 138 ppmw (docket item II–A–24, the Agency selected to develop and 48). Standards limiting emissions of pp. 3–62 to 3–65). Under the existing propose NESHAP for the following THC will also result in decreases in NSPS, emissions of PM from clinker emission sources: NHW kilns and NHW organic HAP emissions (with the cooler gases are limited to 0.05 kg/Mg in-line kiln/raw mills; NHW kiln alkali additional benefit of decreasing VOC bypasses; clinker coolers; raw material feed (dry basis) (0.10 lb/ton). A plant emissions). producing 600,000 tpy of clinker, dryers; feed preparation and materials emitting PM from the clinker cooler at handling processes including raw mills, Establishing emission limits for the NSPS limit, would emit 6 kg (14 lb) finish mills, storage bins (raw material, specific organic HAPs (with the of HAP metals per year, assuming a 140 clinker, finished product), conveying exception of D/F) would be impractical ppmw HAP metal content in the PM system transfer points, bagging system, and costly. Total hydrocarbon, which is (docket item II–B–76). and bulk loading and unloading less expensive to test for and monitor, systems. Additional information on the can be used as a surrogate for organic 5. Finish Grinding/Conversion of operations in portland cement plants Clinker to Portland Cement HAPs. Based on available data, organic selected for regulation, and other HAPs range from 0 to 98 percent of THC The cooled clinker is conveyed to operations, is included in the docket. and are estimated to account for clinker storage or mixed with gypsum C. Selection of Pollutants approximately 23 percent on average of and introduced directly into the finish THC emissions from portland cement mills. The finish mills are large, rotating The proposed standards would limit manufacturing (docket item II–B–75). steel cylinders containing a charge of emissions of metal HAPs [almost all The Agency recognizes that the level steel balls. The clinker and gypsum are metals appearing in section 112(b) have ground to a fine, homogeneous powder. been detected in portland cement plant and distribution of organic HAPs Two different types of mill systems may emissions] and organic HAPs (including associated with THC emissions from be used. In open-circuit milling, the D/F) from portland cement cement kilns will vary from kiln to kiln. material passes directly through the mill manufacturing facilities. (Pollutant Limiting THC as a surrogate for organic without any separation of fine and health effects were discussed in section HAPs will eliminate costs associated coarse particles. In closed-circuit II.C.) These HAPs are emitted in with speciating numerous compounds. grinding, the mill product is carried to significant quantities from portland The proposed standards establish a cyclonic air separator in which the cement plant sources. The standards separate emission limits for D/F because coarse particles are rejected from the being proposed to address metal and of the high toxicity associated with even product and returned to the mill for organic HAP emissions establish limits low masses of these compounds. In further grinding. for surrogate pollutants rather than for addition, data available to EPA establish The finished portland cement is individual HAP compounds (a separate the existence of a separate MACT floor conveyed to bulk storage silos from emission limit is established for D/F). technology for D/F control. which it is dispensed for shipping. The reasons for using surrogate Portland cement is often loaded in bulk pollutants are discussed below. The proposed regulation does not into hopper trucks or rail cars. It may Controlling PM emissions will control establish a limit for HCl emissions from also be packaged in ‘‘tote bins’’ or in 80 the emissions of non-volatile metal cement kilns because no MACT floor lb or 94 lb kraft paper bags. The bags are HAPs (and also the condensed organic technology has been identified. An HCl loaded onto pallets for handling, HAPs including D/F which are adsorbed emission limit based on a beyond-the- warehousing, and shipping. on particulates). The available floor control option was determined not The only HAPs expected to be emitted technologies used in the cement to be justified as discussed in section from clinker/cement handling processes manufacturing industry for the control V.D.2 of this document. are the metal HAPs associated with of non-volatile HAP metals are the same The proposed regulation does not clinker and cement dust. As was noted technologies (FFs and ESPs) as the establish limits for mercury emissions above, clinker dust is estimated to proposed MACT floor technologies for from cement kilns because no MACT contain 555 ppmw of metal HAPs. The control of PM. Metal HAPs are HAP metals that have been identified in estimated to constitute about 1 percent floor control technology has been portland cement include chromium, by weight of kiln PM emissions from identified. A mercury emission limit nickel, arsenic, lead, antimony, portland cement manufacturing and based on a beyond-the-floor control selenium, beryllium, cadmium, and about 0.06 percent by weight of clinker option was determined not to be mercury. In cement (as opposed to cooler PM emissions. In addition, the justified as discussed in section V.D.2. 14198 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

D. Selection of Proposed Standards for limits may be established for new and proposing numerical emission standards Existing and New Sources existing sources. expressed as a process emission rate and The EPA also may consider an opacity limits for PM emissions from 1. Background alternative ‘‘beyond the floor.’’ Here, kilns; as mass per volume of exhaust gas After the EPA has identified the EPA considers the achievable for D/F emissions from kilns; as volume reductions in emissions of HAPs (and specific source categories or per volume of exhaust gas for THC possibly other pollutants that are co- subcategories of sources to regulate emissions from kilns and raw material controlled), cost and economic impacts, under section 112, it must develop dryers; as a process emission rate and energy impacts, and other nonair MACT standards for each category or opacity limit for clinker cooler PM environmental impacts. The objective is emissions; and as an opacity limit for subcategory. Section 112 establishes a to achieve the maximum degree of minimum baseline or ‘‘floor’’ for materials handling facilities PM emission reduction without emissions. standards. For new sources, the unreasonable economic, energy or The following sections present a standards for a source category or secondary environmental impacts. subcategory cannot be less stringent discussion of the rationale for selecting than the emission control that is 2. MACT Floor Technology, Emission the MACT technologies, emission limits, and format of the standard for achieved in practice by the best- Limits, and Format each affected source and associated controlled similar source. [See section The EPA conducted separate MACT pollutant. 112(d)(3)]. The standards for existing determinations for PM (the surrogate for sources may be less stringent than HAP metals), D/F, mercury, THC (the Kiln and in-line kiln/raw mill PM standards for new sources, but they surrogate for organic HAPs), and HCl HAP emissions. Well-designed and properly operated FFs or ESPs are the cannot be less stringent than the average emissions from kilns and inline kiln/ PM control technologies presently in emission limitation achieved by the raw mills; for PM emissions from use by the best performing 12 percent of best-performing 12 percent of existing clinker coolers; for PM and THC existing kilns and in-line kiln/raw mills. sources for categories and subcategories emissions from raw material dryers; and In the portland cement manufacturing with 30 or more sources, or the average for PM emissions from materials industry, it is estimated that at least 30 of the best-performing 5 sources for handling facilities. For each combination of pollutant and affected percent (docket item II–A–4) of existing categories or subcategories with fewer kilns are subject to the requirements of than 30 sources. source, MACT floor technologies and beyond-the-floor control options were the NSPS for cement plants (40 CFR part After the floor has been determined evaluated. 60, subpart F). for a new or existing source in a source Several formats are available for Table 7 lists the type of control device category or subcategory, the establishing the emission limits based used with, and available PM emissions Administrator must set MACT standards on MACT. These include mass data from, kilns and in-line kiln/raw that are technically achievable and no concentration (mass per unit volume), mills subject to the NSPS. The emission less stringent than the floor. Such volume concentration (volume per unit levels shown in Table 7 all meet the standards must then be met by all volume), mass emission rate (mass per NSPS emission limit and were all sources within the category or unit time), process emission rate (mass achieved with FFs and ESPs designed to subcategory. The regulatory alternatives per unit of production or other process meet the NSPS. This represents the selected for new and existing sources parameter), and percent reduction. MACT floor technology for control of may be different because of different For the portland cement PM from kilns and in-line kiln/raw MACT floors, and separate emission manufacturing source category, EPA is mills.

TABLE 7.ÐPARTICULATE EMISSIONS FROM NSPS KILNS [Docket Item II±A±4, Docket Item II±A±43, Docket Item II±B±62]

PM (kg/Mg dry Kiln type APCD type feed) Location

PH ...... FF 0.0011 SouthdownÐKosmosdale, KY. PC ...... FF a 0.0039 Boxcrow CementÐMidlothian, TX. PH ...... ESP b 0.0075 Ash GroveÐDurkee, OR. DRY ...... FF a 0.0090 Southdown #1ÐFairborn, OH. PC ...... ESP c 0.015 RMC Lone StarÐDavenport, CA. PC ...... FF 0.015 Kaiser CementÐCupertino, CA. PH ...... ESP 0.015 Roanoke CementÐCloverdale, VA. PC ...... FF 0.020 Moore McCormackÐKnoxville, TN. PH ...... FF 0.029 Moore McCormackÐBrooksville, FL. PC ...... FF 0.033 Kaiser CementÐLucerne Valley, CA. PC ...... FF 0.035 Calif PortlandÐMojave, CA. PC ...... FF 0.04 Martin MariettaÐLeamington, UT. PC ...... ESP 0.044 KaiserÐSan Antonio, TX. PC ...... FF 0.048 Martin MariettaÐLyons, CO. PH/PC ...... ESP b 0.051 Lone StarÐCape Girardeau, MO. WET ...... ESP 0.056 Monolith PortlandÐLaramie, WY. DRY ...... FF 0.056 Lone StarÐPryor, OK. DRY ...... ESP d 0.058 Ash Grove #2ÐLouisville, NE. PC ...... ESP 0.065 General PortlandÐNew Braunfels, TX. PC ...... FF 0.068 Davenport IndustriesÐBuffalo, IA. PH ...... FF 0.070 Ideal BasicÐLa Porte, CO. PH ...... FF 0.074 Southwestern PortlandÐOdessa, TX. DRY ...... ESP 0.11 Ash Grove #1ÐLouisville, NE. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14199

TABLE 7.ÐPARTICULATE EMISSIONS FROM NSPS KILNSÐContinued [Docket Item II±A±4, Docket Item II±A±43, Docket Item II±B±62]

PM (kg/Mg dry Kiln type APCD type feed) Location

PC ...... ESP 0.12 Texas IndustriesÐHunter, TX. PC ...... ESP 0.13 LehighÐMason City, IA. WET ...... ESP 0.15 GenstarÐSan Andreas, CA. WET ...... FF 0.15 Lone StarÐSalt Lake City, UT. PC = precalciner. PH = preheater. a = average of four tests. b = average of three tests. c = average of two tests. d = average of five tests.

The data in Table 7 were obtained The production-based emission limit Associated with Exposures to Mixtures from EPA Method 5 compliance tests on format was chosen for kiln and in-line of Chlorinated Dibenzo-p-dioxins and new kilns subject to the NSPS [0.15 kg/ kiln/raw mill PM emissions. The units -dibenzofurans (CDDs and CDFs) and Mg dry feed (0.30 lb/ton dry feed)]. for this emission standard are kg of PM 1989 Update’’ (docket item II–A–8). per Mg of dry feed (lb PM per ton of dry These tests measure the performance of Dioxin/furan emissions data were feed). This format (mass per unit of PM APCDs associated with new kilns obtained from testing that was over a relatively short period (typically production) and associated opacity limit conducted at NHW kilns, with NHW three 1-hour test runs). These data show are consistent with the format of the fuels at kilns that normally burn HW, that PM emissions from ESPs and FFs portland cement plant NSPS (40 CFR and under worst-case conditions at kilns designed to meet the NSPS and operated part 60, subpart F). At least 30 percent that burn HW (as part of Certificate of and maintained to demonstrate initial of the kilns in the industry are subject Compliance [COC] testing). Based on the compliance with the NSPS under to the NSPS (docket item II–A–4) and test results for both NHW and HW kilns, Method 5 test conditions varied within these plants are already monitoring the a range of 0.0011 kg/Mg dry feed (0.0022 production-based emission rate and the the predominant factor affecting D/F lb/ton dry feed) to 0.15 kg/Mg dry feed opacity. emissions is the temperature of gases at (0.3 lb/ton dry feed). The data in Table A concentration format (e.g., g/dscm the inlet to the PMCD (docket item II– 7 show equivalent performance can be [gr/dscf]) was considered for the kiln A–42; docket item II–B–78; docket item expected from FFs and ESPs, and that and in-line kiln/raw mill PM emission II–I–81, pp. 127 to 133; docket item II– neither technology offers a clear limit. One reason that this format was I–82, pp. 135 to 175). The highest D/F advantage. Due to the fact that the best not chosen was that it would be emissions (near 40 ng TEQ/dscm) performing kilns and in-line kiln/raw inconsistent with the NSPS PM occurred at the highest gas temperatures mills use FFs and ESPs designed to emission limit format. However, there (between 500 °F and 700 °F) while the meet the NSPS and because of the are other considerations. A lowest emissions (near 0.02 ng TEQ/ variability in performance of well- concentration format would penalize dscm) occurred at the lowest designed, well-maintained and properly more energy efficient kilns, which burn temperature (at approximately 210 °F). operated FFs and ESPs, the emission less fuel and produce less kiln exhaust [The emission 0.02 ng TEQ/dscm is the limit represented by the MACT floor gas per megagram of dry feed. This is average of the four NHW D/F test results technology is equivalent to the NSPS of because with a concentration based that were measured at gas temperatures 0.15 kg/Mg dry feed (0.30 lb/ton dry standard the more energy-efficient kilns less than 230 °F, as shown in Table 8.] feed). would be restricted to a lower level of PM emitted per unit of production. Dioxin/furan TEQ emissions data and No technologies were identified for Kiln and in-line kiln/raw mill D/F stack temperatures from kilns firing existing or new kilns or in-line kilns/ emissions. The EPA has identified two NHW fuels are listed in Table 8. The raw mills that would consistently technologies for control of D/F data are listed in order of ascending achieve lower emission levels of PM emissions. One technology achieves low stack temperature. Fourteen NHW data than the NSPS limit. Consequently, D/F emissions by a combination of points were obtained during normal kiln there is no beyond-the-floor technology proper kiln operation, proper operation, three points were obtained as that has been shown to consistently combustion, proper control device NHW baseline runs prior to HW COC achieve lower emissions. Therefore the operation, and a reduction in the kiln testing, one data point (at the 518 °F PM emission limit proposed for new gas temperature at the inlet to the stack temperature) was obtained at and existing kilns and in-line kiln/raw PMCD. The other technology is maximum combustion temperature, and mills is 0.15 kg/Mg dry feed (0.30 lb/ton activated carbon injected into the kiln one point was obtained under unknown dry feed), which is equivalent to the exhaust gas. test conditions. Stack temperatures are NSPS limit. The discussion in this section refers presented, since inlet PMCD The NSPS establishes an opacity to D/F emissions in units of TEQ. Toxic temperature data are not typically limit, and an opacity limit is also being equivalent refers to the international recorded during stack emissions testing. proposed under this standard. The method of expressing toxicity It is acknowledged that stack maximum 6-minute average opacity equivalents for dioxins and furans as temperatures will be lower than inlet level may not exceed 20 percent defined in EPA report, ‘‘Interim PMCD temperatures. opacity, as is the case for the NSPS. Procedures for Estimating Risks 14200 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

TABLE 8.ÐAVERAGE DIOXIN/FURAN TOXIC EQUIVALENT EMISSIONS (AT 7 PERCENT OXYGEN) AND AVERAGE STACK GAS TEMPERATURES FOR NHW CEMENT KILNS AND KILNS TESTED UNDER NHW CONDITIONS [Docket Item II±B±78]

Avg Gas T Avg TEQ ng/ Kiln type APCD type Kiln fuel (°F) dscm Kiln location

PH/PC ...... FF Natural gas; main stack tested ...... 183 0.011 Capital AggregatesÐSan Antonio TX. PC ...... FF Coal,tires, pulp/paper mill sludge .... 220 ‰ 0.0063 Calaveras CementÐRedding CA. PH/PC ...... FF Natural gas; raw mill on ...... 221 0.042 Ash GroveÐSeattle WA (kiln/in-line mill). PH/PC ...... ESP Not reported ...... 226 0.00087 RMC LonestarÐDavenport CA. PC ...... FF Coal & tires ...... 233 ‰ 0.21 Calaveras CementÐRedding, CA. PH/PC ...... FF Natural gas; bypass stack tested .... 299 0.054 Capital AggregatesÐSan Antonio TX. WET ...... ESP Coal ...... 305 0.0024 HolnamÐFlorence CO. WET ...... ESP Coal & natural gas ...... 315 0.072 Ash GroveÐMontana City MT. WET ...... ESP Coal ...... 346 ➱ 0.37 LehighÐUnion Bridge MD. WET ...... ESP coal & tires ...... 358 ➱ 1.2 LehighÐUnion Bridge MD. WET ...... ESP Coal/coke ...... 366 0.032 Holnam kiln #1ÐHolly Hill SC. DRY ...... FF Coal, gas, tire derived fuel ...... 396 0.0035 RiversideÐOro Grande CA. WET ...... ESP Natural gas ...... 397 0.020 Capital AggregatesÐSan Antonio TX. DRY ...... FF Coal & natural gas ...... 403 0.0084 RiversideÐOro Grande CA. WET ...... ESP Coal ...... 417 0.12 Lone StarÐGreencastle IN. WET ...... ESP Coal/coke ...... 418 0.04 Holnam kiln #2ÐHolly Hill SC. DRY ...... ESP Coal, coke, & tires ...... 450 0.074 Lone StarÐOglesby IL. WET ...... ESP Coal ...... 482 0.55 Continental CementÐHannibal MO. WET ...... ESP Coal ...... 518 1.0 HolnamÐClarksville MO. Abbreviations: PH/PC = preheater/precalciner. ESP = electrostatic precipitator. PC = precalciner. FF = fabric filter. Note: Entries flagged with ‰ and ➱ are listed in Table 9 and discussed in the text.

The data in Table 8 show that all the three data points are listed in Table (of 1.2 ng TEQ/dscm) resulted from NHW D/F emissions were less than 0.2 9 with the corresponding stack poorly controlled tire combustion/kiln ng TEQ/dscm at stack temperatures temperature. The Calaveras kiln that operation, since (as shown in Table 8) below 340 °F, except for one data point emitted 0.21 ng TEQ/dscm when tested three other NHW kilns emitted less than which is discussed below. The stack at a stack temperature of 233 °F emitted 0.2 ng TEQ/dscm when tested while temperature of 340 °F corresponds to an 97 percent less D/F at a slightly lower burning tires. In the absence of detailed estimated inlet PMCD temperature of stack temperature and with a different information on kiln and APCD operating approximately 400 °F after accounting mixture of fuels, demonstrating that the conditions, fuel firing and combustion for cooling in the ductwork. The EPA kiln could achieve 0.2 ng/dscm through control, the Lehigh emission level of estimates that approximately 50 percent proper kiln combustion. 0.37 ng TEQ/dscm at a stack of existing PMCDs used at both wet-and temperature of 346 °F cannot be dry-type NHW kilns operate with a TABLE 9.ÐDATA FROM KILNS AT explained. maximum inlet PMCD temperature of WHICH DIOXIN/FURAN TEQ EMIS- ° ° Temperature reduction to 400 F, in approximately 400 F (docket item II–B– SIONS EXCEEDED 0.2 NG/DSCM conjunction with proper control of kiln 73). Since the MACT floor is based on and PMCD operation and efficient the technology in use by the best Average combustion will limit D/F emissions to Average D/F performing 12 percent of the affected stack 0.2 ng TEQ/dscm in most (if not all) sources, the MACT floor for existing TEQ gas tem- (ng/ Kiln location cases, and the proposed D/F standard kilns corresponds to reduction of kiln perature (*F) dscm at for existing kilns is set at this level. The exhaust gas stream temperature at the 7% O2) ° EPA recognizes that the available PMCD inlet to 400 F. emissions data show that one kiln (as One demonstrated method of 233 ...... 0.21 CalaverasÐRedding CA. illustrated by the Lehigh data in Table temperature reduction is injection of 346 ...... 0.37 LehighÐUnion Bridge 9) cannot achieve 0.2 ng TEQ/dscm at water to provide rapid cooling of kiln MD. an inlet temperature to the PMCD below exhaust gases upstream of the inlet to 358 ...... 1.2 LehighÐUnion Bridge 400 °F, and that parameters consistent the PMCD. Rapid cooling reduces D/F MD. with proper equipment operation have formation that occurs within the not been precisely specified. The temperature window 232 °C (450 °F) to The Lehigh kiln emitted 0.37 ng TEQ/ proposed standards therefore provide 343 °C (650 °F). dscm at a stack temperature of 346 °F that kilns that cannot meet the 0.2 ng As shown in Table 8, D/F emissions during coal combustion and 1.2 ng TEQ/ TEQ/dscm limit would be required to from 3 of the 13 tests conducted at stack dscm at a stack temperature of 358 °F maintain the temperature at the inlet to temperatures below 400 °F exceeded 0.2 during coal and tire combustion. The the PMCD at no more than 400 °F and ng TEQ/dscm. For discussion purposes, EPA concluded that the high emission to limit the D/F emissions to 0.4 ng Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14201

TEQ/dscm. This limit of 0.4 ng TEQ/ carbon separately from the existing reduction plus ACI option for D/F dscm is consistent with the emissions primary particulate collector (docket MACT for new kilns may not be from the Lehigh kiln during coal item II–B–67). Based on these costs, and justified, and the Agency is not combustion with an estimated PMCD considering the level of D/F emissions proposing a standard based on ACI. inlet gas temperature of 400 °F. achievable at the floor level of control, Notwithstanding the limited emissions The Agency has considered whether the Administrator has determined that reduction that such a standard would and how to account for emissions this beyond-the-floor (BTF) option for achieve, the Agency solicits comment variability in establishing the alternative D/F MACT for existing kilns may not be on whether or not such a standard TEQ limit of 0.4 ng/dscm in conjunction justified. Therefore the Agency is not would be appropriate, given the with the 400 °F temperature limit at the proposing a BTF standard. Agency’s and the Congress’ special PMCD. As discussed in this section, Notwithstanding these costs and the concern about D/F. The EPA is available emissions data indicate that limited emissions reductions that a BTF influenced here, similarly to the most kilns will be able to achieve an standard would achieve, the Agency situation for existing kilns, by the fact emission level of 0.2 ng TEQ/dscm or solicits comment on whether a BTF that most new sources appear to be able lower when operating the PMCD at or standard would be appropriate given the to achieve a 0.2 ng TEQ/dscm emission below 400 °F. Even though the Lehigh Agency’s and the Congress’ special level solely through the use of kiln’s emissions were 0.37 ng TEQ/dscm concern about D/F. D/F are some of the temperature control. Thus the proposed ° at 346 F (when not burning tires), we most toxic compounds known due to standards (which facially allow a 0.4 ng believe that a TEQ limit of 0.4 ng/dscm their bioaccumulation potential and TEQ/dscm emission level where the is appropriate given the preponderance wide range of health effects at implementation of temperature of emissions data at or below 0.2 ng exceedingly low doses, including reduction may not achieve a 0.2 ng TEQ/dscm. These data (given the strong carcinogenesis. Exposure via indirect TEQ/dscm emission level) in reality indications that all units will meet the pathways was in fact a chief reason that may be virtually equivalent to a 0.2 ng 0.4 ng TEQ/dscm limit at temperatures Congress singled out D/F for priority TEQ/dscm emission level. ° of 400 F or below) suggest that using MACT control in section 112(c)(6) of the For the kiln and in-line kiln/raw mill a more specific approach for variability Act [see S. Rep. No. 128, 101st Cong. 1st D/F emission standard, a mass per is not needed for this proposed Sess. at 154–155 (1989)]. Thus costs to volume concentration emission limit standard. The Agency invites comments reduce dioxin emissions are frequently format was chosen. The specific units of on other approaches for accommodating justified by the benefits of removing this the emission limit are ng of D/F TEQ/ variability in D/F emissions for NHW very toxic HAP. [See 61 FR at 17382, dscm, referenced to seven percent cement kilns. 17392, and 17403 (April 19, 1996) (The oxygen. This emission limit format has Thus, the proposed standard requires EPA proposes BTF standards for D/F that the temperature at the inlet to the historically been used by EPA for many emissions from hazardous waste PMCD be maintained at a level no air emission standards. This format is combustion sources).] The EPA is greater than either: (1) the higher of 400 consistent with the format of the OSW influenced here by the fact that most 12 °F or the temperature established during MACT standard for HW cement kilns. sources appear to be able to achieve the the successful Method 23 performance The concentration is corrected to seven 0.2 ng TEQ/dscm BTF option through test plus five percent (not to exceed 25 percent oxygen to put concentrations the use of the floor technology alone, i.e. °F) of the temperature measured in °F measured in stacks with different solely through the use of temperature during the successful compliance test, if oxygen concentrations on a common control. Thus, the floor standard (which D/F emissions were determined to be no basis. Also, the typical range of oxygen facially allows the option of 0.4 ng TEQ/ greater than 0.15 ng toxic equivalent concentrations in cement kiln stack gas (TEQ)/dscm (6.5 x 10¥11 gr/dscf); (2) the dscm) in reality may be virtually is from five to 10 percent oxygen; higher of 400 °F or the temperature equivalent to the BTF level. therefore, seven percent is established during the successful Activated carbon injection was also representative. Method 23 performance test, if D/F considered as a candidate MACT for A mass per volume concentration emissions were determined to be greater new cement kilns. Since no D/F emission limit based on total D/F than 0.15 ng toxic equivalent (TEQ)/ performance data are available on the congeners rather than TEQ was also dscm (6.5 x 10¥11 gr/dscf) but less than existing cement kiln ACI system considered. However, the TEQ format 0.2 ng toxic equivalent (TEQ)/dscm (8.7 installed to reduce opacity, EPA was chosen in order to maintain x 10¥11 gr/dscf);, or (3) 400 °F if D/F considered the performance of ACI on consistency with the rule for cement emissions were greater than 0.2 ng TEQ/ other potentially similar sources. kilns which burn hazardous waste. dscm (8.7 x 10¥11 gr/dscf) but less than Experience with ACI on municipal Kiln and in-line kiln/raw mill mercury or equal to 0.4 ng TEQ/dscm (1.7 x waste combustors (MWCs) and medical emissions. Activated carbon injection 10¥10 gr/dscf). waste incinerators (MWIs) has led EPA (ACI) was considered a potential control Activated carbon injection (ACI) was to develop emission limits for D/F for technology for mercury MACT for investigated as a potential beyond-the- these sources in the range of 0.26 to 2.5 cement kilns, since a form of this MACT-floor option for existing cement ng TEQ/dscm (docket item II–J–3, technology has been demonstrated on kilns. Activated carbon injection is used docket item II–J–7). Assuming the medical waste incinerators and at one cement plant on two NHW kilns performance level of ACI on MWIs or municipal waste combustors (docket for the purpose of reducing plume MWCs to be similar to that of a cement item II–A–36, pp. 98 to 99 and B–7 to opacity. The total capital cost of an ACI kiln, the D/F emissions levels achieved B–8; docket item II–A–11; docket item system is estimated to range from with ACI are expected to be about the II–A–19; docket item II–A–23), and is $680,000 to $4.9 million per kiln. The same level that can be achieved with being used at one cement plant on two total annual costs of an ACI system are temperature reduction. Therefore, NHW kilns to reduce the opacity estimated to range from $426,000 to $3.3 considering the level of D/F emissions (docket item II–B–35). In these million per kiln. These costs include the achievable by PMCD inlet temperature carbon injection system and an reduction alone, the Administrator has 12 The EPA proposed regulations for subpart EEE additional baghouse to collect the determined that the temperature of 40 CFR part 63 on April 19, 1996 at 61 FR 17358. 14202 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules applications, the activated carbon (AC) than the beyond-the-MACT-floor no add-on air pollution control is injected into the uncontrolled exhaust emission limit that is now being technologies are presently in use that gas stream ahead of the kiln PMCD. considered by the Agency to be decrease emissions of THC (the In cement kiln applications for promulgated for HW cement kilns. surrogate for organic HAPs) from NHW mercury control, the AC would need to Based on the relatively low levels of cement kilns. On this basis the MACT be injected downstream from the kiln existing mercury emissions from floor for THC emissions from existing PMCD and subsequently collected in a individual NHW cement kilns, and the kilns and in-line kiln/raw mills is no separate PMCD, e.g., a baghouse. This is costs of reducing these emissions by control. because the PM collected from the kiln ACI, the Administrator has determined The precalciner/no preheater system exhaust, i.e., cement kiln dust (CKD), is that this beyond-the-MACT-floor option was considered as a possible beyond- typically recycled from the kiln PMCD for reducing mercury from new and the-floor technology for existing kilns back to the kiln, and in some cases may existing NHW kilns may not be justified. and as a possible MACT floor for new constitute as much as 50 percent of the Thus, the Agency is not proposing a kilns (docket item II–B–47, docket item feed material input to the kiln. If the AC mercury standard for new and existing II–B–48). The precalciner/no preheater is not injected downstream of the kiln NHW cement kilns. technology acts like an afterburner to PMCD, and then collected in a separate Notwithstanding the reasons for not combust organic material in the feed. PMCD downstream of the kiln PMCD, proposing a mercury standard for NHW However, it was found to increase fuel the AC would also be recycled back to cement kilns, the Agency solicits consumption 79 percent relative to the the kiln along with the adsorbed comment on whether a BTF standard preheater/precalciner designs (docket mercury. This recycling of mercury back would be appropriate given the item II–B–48, docket item II–D–199). to the cement kiln via the AC would Agency’s and Congress’ special concern The EPA estimates that precalciner/no result in the revaporization of the about mercury. Mercury is one of the preheater kilns would emit six times as mercury in the kiln gas and ultimately more toxic metals known due to its much SO2 (at 3.7 lb SO2/ton clinker), the mercury would be emitted to the bioaccumulation potential and the two and one half times as much NOX (at atmosphere. The two cement kiln ACI adverse neurological health effects at 9.8 lb NOX/ton clinker), and 1.2 times systems cannot be considered as low concentrations especially to the as much CO2 (at 2,086 lb CO2/ton controls for mercury for cement kilns most sensitive populations at risk (i.e. clinker) as a preheater/precalciner kiln because they do not include provisions unborn children, infants and young of equivalent clinker capacity (docket for injecting the AC downstream of the children). In addition, as with D/F, item II–B–48). For a 600,000 ton clinker/ kiln PMCD nor do they have the Congress has singled out mercury in year kiln, increased emissions for a flash additional PMCD necessary to remove section 112(c)(6) of the Act for precalciner relative to a preheater/ the injected carbon from the exhaust gas prioritized control. Furthermore, the precalciner are: 930 tpy SO2, 1,740 tpy stream for disposal, but instead include amount of mercury emitted by these NOX, and 109,000 tpy CO2 (docket item the AC with the CKD that is recycled to sources is not inconsequential, roughly II–B–76, docket item II–D–199). the kiln. Therefore there is no mercury 10,000 pounds annually (or about 60 One THC control method available is MACT floor for new or existing kilns. pounds per kiln annually) making NHW feed material selection. Total Activated carbon injection (with an cement kilns a significant source of hydrocarbon emissions from kilns can additional PMCD) was investigated as a mercury emissions that may warrant be limited by avoiding feed materials potential beyond-the-MACT-floor attention under section 112(c)(6) of the which have excessive organic contents option for mercury for new and existing Act depending on what other (docket item II–I–66, docket item II–I– cement kilns. The total capital cost of an opportunities for controlling mercury 67, docket item II–I–68). A few existing ACI system is estimated to range from from other significant sources are kilns have employed this method, but $680,000 to $4.9 million per kiln. The available. not enough to constitute a MACT floor total annual costs of an ACI system are It is EPA’s tentative conclusion, for existing kilns. Also, this method is estimated to range from $430,000 to $3.3 however, that concerns as to health risks not available for existing kilns in that million per kiln. These costs include the from mercury emissions from these facilities are generally tied to existing carbon injection system and an sources may be appropriately addressed raw materials sources in close proximity additional baghouse necessary to collect pursuant to the timetable set out in the to the facility. Raw material proximity the carbon separately from the CKD Act, namely through the residual risk (transportation cost) is usually a major (docket item II–B–67). The cost- determination process set out in section factor in plant site selection. Feed effectiveness of ACI applied to cement 112(f) of the Act. A more accelerated material selection can be employed in kilns ranges from $20,000,000 to determination may be warranted, the siting process for new kilns, and to $50,000,000 per ton of mercury. however, for other mercury-emitting a limited extent at existing kilns. It is noted that the Agency has sources, in particular hazardous waste The precalciner/no preheater proposed a mercury emissions limit for combustion sources, where there are technology was also considered as a hazardous waste burning (HW) cement special considerations of immediately MACT floor for new sources but, when kilns (61 FR 17358), based on the protective rules imposed by the NOX, SO2, and CO2 emissions and beyond-the-MACT-floor option of ACI. Resource Conservation and Recovery energy penalties are considered, the However, mercury levels in hazardous Act. [See 61 FR at 17369–17370 (April Administrator has determined that it waste fuels per million BTU of heat 19, 1996).] does not represent the MACT floor for input are generally higher than mercury Kiln and in-line kiln/raw mill THC new sources, since the kilns employing levels in coal that is fired in non- main exhaust emissions. Based on data this technology cannot be considered to hazardous waste burning (NHW) cement from 31 tests conducted at 16 NHW be the best controlled similar source. kilns. Thus, HW cement kilns generally kilns (docket item II–B–75), THC The combination of feed material have higher mercury emissions than emissions varied between 0.4 ppmvd selection, site location and feed material NWH cement kilns. Further, the and 224 ppmvd (as propane, corrected blending was determined to be MACT available data indicate that existing to seven percent oxygen). With the for new sources, in that this method has mercury emissions from essentially all exception of two kilns which employ a been used at some existing sources and individual NHW cement kilns are lower precalciner system with no preheater, that site selection based on availability Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14203 of acceptable raw material hydrocarbon assessment of HCl scrubbers used in TABLE 10.ÐFABRIC FILTER CON- content is feasible. MWC and MWI applications and TROLLED CLINKER COOLER TEST The numerical emission limit transfer of similar technology to the RESULTS proposed for THC from the main cement industry and on vendor design [Docket Item II±A±4] exhaust of new kilns and new in-line information (docket item II–D–36), an kiln/raw mills is 50 ppmvd (as propane, alkaline scrubber could achieve 15 PM stack corrected to seven percent oxygen). This ppmv HCl outlet concentration at low emissions Plant and location represents a level which is consistently inlet HCl loadings or at least 90 percent (kg/Mg achievable, as shown by tests across a dry feed) removal with an inlet HCl level of 100 broad spectrum of feed material ppmv or greater. Based on this compositions, when feeds with high 0.0041 .... Kaiser CementÐCupertino, CA. 0.004 ...... Moore McCormackÐKnoxville, organic contents are avoided. Based on estimated performance, annual emission reduction estimates range from 12 tpy of TN. the available THC main exhaust 0.022 ...... Moore McCormackÐBrooksville, HCl and 27 tpy of SO2 to 200 tpy of HCl concentration data for existing NHW FL. kilns, approximately 62 percent of the and 600 tpy of SO2 per kiln (docket item 0.003 a .... Kaiser CementÐLucerne Valley, tested NHW kilns could meet the 50 II–B–67). The total capital cost of CA. ppmvd limit (docket item II–B–75). installing an alkaline scrubber on an 0.02 ...... California PortlandÐMojave, CA. For the new kiln and in-line kiln/raw existing kiln is estimated to range from 0.017 ...... Martin MariettaÐLeamington, UT mill main exhaust THC emission $980,000 to $4.6 million. The total 0.025 ...... KaiserÐSan Antonio, TX. b standard, a volume per volume annual cost is estimated to range from 0.03 ...... Lone StarÐCape Girardeau, MO. 0.002 ...... Monolith PortlandÐLaramie, WY. concentration emission limit format was $300,000 to $1.5 million per kiln 0.024 ...... Ash GroveÐLouisville, NE. chosen. The specific units of the (docket item II–B–67). 0.09552 b Ideal BasicÐLa Porte, CO. emission limit are ppmvd (as propane, Based on the costs of control and the 0.0117 .... Texas IndustriesÐHunter, TX corrected to seven percent oxygen). This emissions reductions that would be 0.0245 .... Lone StarÐSalt Lake City, UT. emission limit format has historically achieved, the Administrator has a Includes alkali bypass emissions. been used by EPA for many air emission b Include raw mill emissions. standards. This format is consistent determined that beyond-the-floor with the format of the OSW MACT controls are not warranted. Therefore, The data shown are short-term standard for HW cement kilns.13 The there is no proposed emission limit for performance measurements at cement concentration is corrected to seven HCl from new and existing NHW kilns plants that became subject to the NSPS percent oxygen to put concentrations and NHW in-line kiln/raw mills. subsequent to the 1979 NSPS review. measured in stacks with different Analyses indicate that the ambient The data in Table 10 served as the basis oxygen concentrations on a common concentrations of HCl produced by for the decision on the 1985 NSPS basis, and because the typical range of emissions from existing NHW kilns and review to keep the emission limit oxygen concentrations in cement kiln in-line kiln/raw mills are below the established by the original NSPS for stack gas is from five to 10 percent health effects reference concentration clinker cooler PM emissions at 0.05 kg/ oxygen; therefore, seven percent is for HCl (docket item II–B–71). Mg of dry feed (.1 lb/ton of dry feed). Because no other PM data on clinker representative. The THC concentration Clinker cooler PM HAP emissions. can be monitored directly with the CEM coolers became available as a result of Particulate emissions from clinker this rule development, the Agency is required by this standard. The reference coolers are typically controlled by FFs or calibration gas for the THC CEM is relying on these same data (and (docket item II–B–69). In the portland propane, and the data analyzed in the interpretation thereof) in establishing cement manufacturing industry, it is development of this standard were the MACT floor for clinker coolers. The referenced to propane, therefore estimated that at least 54 existing results for FFs serving only clinker propane is the appropriate reference clinker coolers (docket item II–A–4) are coolers ranged from 0.002 to 0.025 kg/ compound for concentration data. subject to the requirements of the NSPS Mg of dry feed, all of which were in Kiln and in-line kiln/raw mill HCl for cement plants (40 CFR part 60, compliance with the NSPS. These data emissions. No technologies that control subpart F). This number represents represent the performance level HCl emissions have been identified that about 25 percent of clinker coolers and, achieved by FFs designed to meet the are currently being used by more than therefore, the NSPS represents the NSPS level of control. No technologies six percent of the cement kilns in the MACT floor. The NSPS level of control were identified for existing or new U.S. For this reason, there is no MACT is being achieved through the use of sources that would achieve significant floor for existing kilns. One technology well-designed and well-operated FFs. additional reductions in PM or metal considered as potential MACT for new Typical design parameters for pulse jet HAP emissions; consequently, there is kilns was an alkaline scrubber, since cleaned fabric filters applied to clinker no beyond-the-floor technology and the two kilns in the U.S. operate scrubbers coolers are air-to-cloth ratios in the MACT for new clinker coolers is also the NSPS level. Therefore the PM to control SO2 emissions. However, range of 0.02 cubic meters per second emission limit proposed for new and these SO2 scrubbers are operated only per square meter (m3/sec)/m2 [4 actual existing clinker coolers is 0.05 kg/Mg intermittently (docket item II–D–196) cubic feet per minute per square foot and thus cannot be considered best 2 3 2 dry feed (0.10 lb/ton dry feed), which is (acfm/ft )] to 0.046 (m /sec)/m (9 acfm/ equivalent to the NSPS limit. An controlled similar source. For this ft2). reason there is no MACT floor for new opacity limit of 10 percent (which is kilns. Table 10 lists plants and the results of required under the NSPS) is also being Alkaline scrubbers were considered as emission tests performed on FFs applied proposed. a beyond-the-floor option for HCl to clinker coolers from the May 1985 The production-based emission limit control. Based on engineering NSPS review report (docket item II–A– format was chosen for clinker cooler PM 4). emissions. The units for this emission 13 The EPA proposed regulations for subpart EEE standard are kg of PM per Mg of dry of 40 CFR Part 63 on April 19, 1996 at 61 FR 17358. feed (lb PM per ton of dry feed). This 14204 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules format (mass per unit of production) HAP and THC emissions in a manner sources. Each performance test would and associated opacity limit is analogous to the release of organic HAPs consist of three runs conducted under consistent with the format of the and THC emissions from kilns when hot representative operating conditions. portland cement plant NSPS (40 CFR kiln gas contacts incoming feed Each run would have a minimum part 60, subpart F). materials. The method available for sampling volume of 0.85 dscm (30 dscf) Raw material dryer and materials reducing THC emissions (and organic and a minimum duration of 1 hour. The handling processes opacity. Particulate HAPs) is the same technology described average of the three runs would be used matter emissions from raw material for reducing THC emissions from kilns to determine compliance. Method 5, as dryers and materials handling processes and in-line kiln/raw mills. Therefore, proposed, is currently required to at portland cement plants are typically the combination of feed material demonstrate compliance with the NSPS. captured by enclosures (total or partial) selection, site location and feed material If the kiln is equipped with a separate and/or hooding of transfer points. In blending was determined to be MACT alkali bypass, PM emissions from the most cases, the exhaust gases are for new sources. The numerical alkali bypass would be determined by a directed to FF systems. At least 31 emission limit proposed for THC from simultaneous Method 5 test and the portland cement plants (docket item II– new raw material dryers is 50 ppmvd combined emissions from the main A–4) have some affected sources that are reported as propane, corrected to seven exhaust and the alkali bypass would be subject to the requirements of the NSPS percent oxygen. This represents a level subject to the PM emission limit. for portland cement plants (40 CFR part which is consistently achievable when Owners or operators of in-line kiln/ 60, subpart F). No technologies which feeds with high organic contents are raw mills would be required to conduct are more efficient than FFs are in use for avoided. a compliance demonstration with the these affected sources. State agency raw mill in operation and a separate personnel indicated that none of the E. Selection of Testing and Monitoring compliance demonstration when the facilities had problems meeting the Requirements raw mill is not in operation, since NSPS opacity limit of 10 percent Testing requirements are being emissions may vary depending on the (docket item II–A–4, docket item II–B– proposed for demonstrating compliance operating status of the raw mill. 71). The design characteristics of FFs with all standards. Initial performance A COM would be required to ensure applied to these emission sources tests for all affected sources/pollutant continuous compliance with the include air-to-cloth ratios ranging from combinations would demonstrate standard. During the initial Method 5 0.02 (m 3/sec) /m 2 (4 acfm/ft 2) to 0.041 compliance with emission limits. These performance test, the owner or operator (m 3/ sec) /m 2 (8 acfm/ft2) at pulse-jet tests would be repeated every 5 years for would use a COM to demonstrate and pulsed-plenum cleaning systems in PM from NHW kilns (including alkali compliance with the kiln and in-line installations subject to the NSPS since bypasses), NHW in-line kiln/raw mills kiln/raw mill opacity limit. If there is an the 1979 NSPS review (docket item II– (including alkali bypasses), clinker alkali bypass, a COM would be required A–4, II–I–43). Therefore, the MACT coolers, raw material dryers and for the alkali bypass and compliance floor technology for control of PM materials handling processes, and for D/ with the opacity limit would also be emissions from portland cement F from kilns and in-line kiln/raw mills. demonstrated for the alkali bypass materials handling processes and raw Site-specific monitoring parameters during the initial Method 5 performance material dryers is a combination of total would be established during the initial test. enclosures, partial enclosures, or and subsequent performance tests for D/ If the PM control device exhausts hooding with FF systems. No beyond- F from kilns and in-line kiln/raw mill through a monovent, or if the use of a the-floor technologies for control of PM systems. A PMCD inlet temperature COM in accordance with the installation from raw material dryers and materials parameter would be used to ensure specifications of PS–1 of 40 CFR part 60, handling processes were identified. continuous compliance with the D/F appendix B were not feasible, a test in The emission limit established by the emission limit. The following accordance with Method 9 of appendix NSPS for raw material dryers and paragraphs present the rationale for the A to 40 CFR part 60 would be materials handling process PM selection of the proposed testing, test conducted at the same time as the emissions (surrogate for HAP metals) is methods, and monitoring requirements Method 5 performance test. If the an opacity limit of 10 percent. Given for each affected source and associated control device exhausts through that no more effective technologies were pollutant. multiple stacks, the owner or operator identified, the emission limit would have the option of conducting a 1. Kiln and In-line Kiln Raw Mill PM corresponding to the MACT floor, Method 9 test in lieu of installing Emissions which is the NSPS, is being proposed as COMs. MACT for PM emissions from new and The proposed standards would The opacity limit would be 20 percent existing portland cement materials require the owner or operator of an and would apply to both main and handling processes and raw material affected NHW kiln or NHW in-line kiln/ alkali bypass stacks. Exceedance of the dryers. raw mill to conduct initial and periodic kiln or in-line kiln/raw mill opacity The proposed standard for PM (every 5 years) performance tests using limit, or the alkali bypass opacity limit, emissions from new and existing appropriate existing EPA reference for any 30-minute average would materials handling systems and raw methods in 40 CFR part 60, appendix A. constitute a violation of the kiln or in- material dryers is an opacity limit of 10 Method 5 would be used to demonstrate line kiln/raw mill PM emission limit. percent. An opacity limit format was compliance with the NHW kiln and Owners or operators of in-line kiln/raw chosen for these affected sources NHW in-line kiln/raw mill PM emission mills would demonstrate compliance because it is consistent with the NSPS limits. (A determination of the with the opacity limits during initial format for these facilities. particulate matter collected in the performance tests to be conducted while Raw material dryer THC. Some plants impingers [the ‘‘back half’’] of the the raw mill is operating and while the may dry their raw materials in separate Method 5 particulate sampling train raw mill is not operating. dryers prior to or during grinding would not be required.) Method 5 is the If the 30-minute average opacity (docket item II–I–43, p.750). This drying long-standing EPA method for making exceeded 15 percent for any ten process can potentially lead to organic PM determinations from stationary consecutive 30-minute periods as Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14205 determined by the COM, or if any 30- minute average reading during the daily years) performance tests using minute average opacity exceeded 15 test to meet the opacity limit would appropriate existing EPA methods in 40 percent as determined by a daily constitute a violation of the NHW kiln CFR part 60, appendix A. Method 23 is Method 9 test, the owner or operator and NHW in-line kiln/raw mill PM the established method for determining would be required to initiate a site- emission limit. D/F concentration. Each performance specific operating and maintenance (O The EPA proposed that HW cement test would consist of three runs and M) plan within one hour. The O kilns [and other hazardous waste conducted under representative and M plan would be required as part combusters (HWCs)] maintain operating conditions. Each run must be of the permit application submitted in continuous compliance with the PM at least 3 hours duration with a accordance with part 70 of this chapter, standard through the use of a PM minimum sampling volume of 2.5 dscm. and would address procedures for continuous emissions monitoring The average of the three runs would be proper operation and maintenance of system (CEMS). [See 61 FR at 17358 used to determine compliance. the affected source and the APCD and (April 19, 1996).] As discussed in the If the kiln is equipped with an alkali the corrective action to be taken. proposed HWC rule 14 PM CEMS are bypass, D/F emissions from the alkali If the 30-minute average opacity commercially available and currently in bypass would also be subject to Method exceeded 15 percent for five percent or use in Europe. For example, PM CEMS 23 testing requirements and the more of the kiln operating time as are installed for compliance assurance emissions from the alkali bypass would determined by COM, or if the 30-minute purposes in the European Union (EU) be subject to the D/F emission limit. average opacity reading exceeded 15 for the EU HWC PM standard. Furthermore, in-line kiln/raw mills percent during five percent or more of The proposal to require HWCs to would be required to conduct a the daily Method 9 readings in any 6- install a PM CEMS is predicated on a compliance demonstration with the raw month reporting period, the owner or successful vendor (with EPA oversight) mill in operation and a separate operator would be required to notify the demonstration test program on a compliance demonstration when the permitting authority within 48 hours hazardous waste incinerator. The raw mill is not in operation. However, and to develop and implement a quality purpose of the demonstration test if an in-line kiln/raw mill has an alkali improvement plan (QIP) within 180 program is to verify that at least one PM bypass, a compliance demonstration for days. The QIP would address improved CEMS can meet the proposed the alkali bypass would only be maintenance practices, process performance specifications. The testing required when the raw mill is operating. operation changes, appropriate program consists of a demonstration test There is no CEM available for D/F improvements in control methods, other and a long term endurance test. The emissions and no suitable surrogate appropriate steps to improve demonstration test involves installing pollutant that could be monitored performance and more frequent or the CEMS and carrying out all of the continuously. Therefore, for D/F improved monitoring. If the owner or tests prescribed in the performance emissions from an affected NHW kiln or operator determined that more than 180 specifications. The long term endurance NHW in-line kiln/raw mill, the days will be necessary to complete the test will involve evaluating (at least one) proposed standards would require appropriate improvements, the owner or CEMS for a minimum of six months. continuous monitoring and recording of operator would be required to notify the The purpose of this test is to evaluate the kiln exhaust gas temperature at the permitting authority and obtain a site- the PM CEMS for accuracy, daily drift, inlet to the kiln PMCD. If the kiln is specific resolution subject to the availability (i. e. up time), ruggedness, equipped with an alkali bypass the approval of the permitting authority. and maintenance over an extended proposed standards would also require Each COM would be required to be period. The demonstration test program continuous monitoring and recording of designed, installed, and operated in began in 1996 and it is anticipated that the gas temperature at the inlet to the accordance with PS–1. The use of COMs the program will conclude in 1997. The alkali bypass PMCD. would provide a timely and direct Agency will notice the results and A kiln-specific maximum temperature indication of increased emissions. A conclusions of the demonstration test limit would be established during the COM gives an immediate indication of program in the docket for the hazardous performance test. The temperature an exceedance, and provides for timely waste combustor rule. Considering the would be continually measured during action that will minimize the duration outcome of the demonstration test the D/F performance test. The average and, therefore, the emissions of an program and other relevant information temperature for each of the three runs upset. A COM can also signal the long- received or developed by EPA, the would be determined, and the average term gradual deterioration of Agency will reevaluate the monitoring of these three averages would, in some performance of a control device. Failure requirements for NHW cement kilns. cases, be used to establish the kiln- of any 30-minute average reading to The EPA intends to include a specific temperature limit. When the D/ meet the opacity limit would constitute requirement for PM CEMs in the final F performance test emissions were 0.15 a violation of the NHW kiln and NHW rule, unless the analysis of existing or ng TEQ/dscm or less (corrected to seven in-line kiln/raw mill PM emission limit. newly acquired data and information percent oxygen), the kiln-specific Where the use of a COM is not maximum temperature would be the shows this type of monitoring is not ° feasible (or at the option of the owner appropriate. The Agency will notice the higher of 400 F or the average or operator when the exhaust is results of this reevaluation in the docket temperature of the performance test plus five percent (not to exceed 25° F) of the discharged through multiple stacks), the for the NHW cement kiln rule. proposed standards would require daily temperature measured in °F. When the visual observations using Method 9. The 2. Kiln D/F Emissions D/F performance test emissions duration of the Method 9 test would be The proposed standards would (corrected to seven percent oxygen) 30 minutes. Method 9 is the established require the owner or operator of an were greater than 0.15 ng TEQ/dscm but EPA method for visual determinations affected kiln or in-line kiln/raw mill to did not exceed 0.20 ng TEQ/dscm, the of opacity from stationary sources. conduct initial and periodic (every five kiln-specific maximum temperature Method 9 procedures for making visual would be the higher of 400° F or the observations and reducing the data 14The EPA proposed regulations for subpart EEE average temperature of the performance would be followed. Failure of any 30- of 40 CFR part 63 on April 19, 1996 at 61 FR 17358. test. If D/F emissions (corrected to seven 14206 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules percent oxygen) are greater than 0.2 ng/ temperatures. Thus, in today’s proposal, standard, or the new raw material dryer dscm TEQ but less than 0.4 ng/dscm the Agency requests comment on THC standard. TEQ during the performance test, then whether a shorter-term block or rolling The rationale for the 30-day block the kiln specific temperature limit average limit (i. e., less than 9 hours) is averaging time is that the organic would be set at 400° F. (If D/F emissions more appropriate than the one content of the feed material may vary exceed 0.4 ng/dscm, corrected to seven proposed, or whether a short-term limit with quarry or mine location. Once raw percent oxygen, the performance test in conjunction with the proposed 9- material storage bins are filled with high would be unsuccessful and the kiln or hour block average is needed to organic content feed material and an in-line kiln/raw mill would not be in properly ensure compliance with the D/ excursion is experienced, it may take a compliance with the standard.) The F standard. The EPA further notes that considerable amount of time to consume temperature would provide a direct it may also take these comments into these already stored feed materials and indication of D/F emissions from the account in considering what averaging locate/obtain feed materials with lower kiln or in-line kiln/raw mill and would time to adopt for hazardous waste organic content. be directly enforceable for compliance combustion sources. 4. Clinker Cooler PM Emissions determinations. Owners or operators of kilns and in- If carbon injection is used for D/F As in the case with NHW kiln and line kiln/raw mills equipped with alkali control, a kiln-specific (and where NHW in-line kiln/raw mill PM bypasses would establish a separate applicable, an alkali bypass-specific) emissions, the proposed standards alkali bypass PMCD inlet temperature carbon injection rate for each run would would require the owner or operator of limit for the alkali bypass during the be established during the performance an affected clinker cooler to conduct performance test. This limit would be test. The average carbon injection rate initial and periodic (every 5 years) based on the temperature at the inlet to for the three runs would be calculated. performance tests using EPA Method 5 the alkali bypass PMCD and would be This carbon injection rate would serve of 40 CFR part 60, appendix A. Method established in the same manner as the as an additional monitoring limit and 5 is the long-standing method for kiln specific temperature limit. Owners would be required to be maintained or making PM determinations from or operators of in-line kiln/raw mills exceeded for every 9-hour period of kiln stationary sources. (A determination of equipped with alkali bypasses would operation. The carbon injection rate the particulate matter collected in the establish the temperature limit for the would provide a direct indication of D/ impingers [‘‘back half’’] of the Method 5 alkali bypass PMCD inlet during the F emissions from the kiln and would be particulate sampling train would not be performance test with the raw mill directly enforceable for compliance required.) Each performance test would operating. determinations. consist of three runs conducted under The proposed averaging period for representative operating conditions. inlet temperature to the PMCD is 9 3. Kiln and Raw Material Dryer THC Each run would have a minimum hours, because the compliance test for Emissions sampling volume of 0.85 dscm (30 dscf) D/F consists of 3-three hour manual and a minimum duration of 1-hour. The The proposed standards applicable to tests which are averaged. Thus the inlet average of the three runs would be used new NHW kiln main exhausts, new temperature limit is established as the to determine compliance with the PM NHW in-line kiln/raw mill main average temperature level achieved over limit. Method 5 is currently required to exhausts and new raw material dryers the three D/F runs in a performance test. demonstrate compliance with the NSPS. The Agency specifically requests would require the owner or operator to The opacity limit for clinker coolers is comment on whether a 9-hour block conduct an initial performance test of 10 percent. The proposed clinker cooler average site-specific temperature limit is THC emissions from an affected source emissions monitoring requirements are sufficient to ensure compliance with the using a THC CEM and to demonstrate the same as the proposed requirements D/F standard. Because EPA is concerned continuous compliance with the THC for affected NHW kilns and NHW in- that D/F emissions emitted during high concentration limit of 50 ppmvd line kilns/raw mills. A COM would be temperature episodes may not reported as propane (corrected to 7 required to ensure continuous correspondingly be offset by low percent oxygen), through operation of a compliance with the standard. During emissions during lower temperature THC CEM. The use of THC CEMs was the initial Method 5 performance test, episodes due to the non-linear selected as the monitoring method the owner or operator would use a COM relationship between dioxin formation because these instruments are available, to demonstrate initial compliance with and temperature, a 9-hour block average accurate and reliable, and when the opacity limit. may not be adequate to ensure calibrated with propane provide an If the control device exhausts through compliance with the D/F standard in output which is consistent with the a monovent, or if the use of a COM in some instances. The Agency addressed THC standard. Each THC CEM would be accordance with the installation this concern in the proposal for HW required to be designed, installed, and specifications of PS–1 of 40 CFR part 60, combustion sources (cement kilns) [61 operated in accordance with PS–8A of appendix B were not feasible, a Method FR at 17424, (April 19, 1996)]. There, 40 CFR part 60, appendix B 15. The 9 test would be conducted at the same EPA proposed a site-specific ten-minute performance test would be of 3 hours time as the Method 5 performance test. rolling average to control perturbations duration. To determine compliance with If the control device exhausts through in temperature and a site-specific, one- the THC emission concentration limit, a multiple stacks, the owner or operator hour rolling average to control average 30-day block averaging period would be would have the option of conducting a inlet PMCD temperatures. The ten- used. Any exceedance of the THC Method 9 test in lieu of installing minute average was proposed to address emission concentration limit over any COMs. Exceedance of the clinker cooler the concern that short-term 30-day block averaging period would opacity limit for any 30-minute average perturbations above the limit may result constitute a violation of the new NHW would constitute a violation of the in D/F emissions that may not be offset kiln and in-line kiln/raw mill THC clinker cooler PM emission standard. by lower emissions at lower Each COM would be required to be temperatures. The one-hour averaging 15 The EPA proposed amendments to appendix B designed, installed, and operated in period was proposed to limit average of 40 CFR part 60 on April 19, 1996, at 61 FR 17358. accordance with PS–1. The use of COMs Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14207 would provide a timely and direct 6. Raw Material Dryer and Materials maintenance plans as part of the part 70 indication of increased emissions. A Handling Processes PM Emissions permit application process. Such plans COM gives an immediate indication of The proposed standards would are applicable to the operation and an exceedance, and provides for timely require the owner or operator of raw maintenance of kilns, in-line kiln/raw action that will minimize the duration material dryers and materials handling mills, raw mills and finish mills and the and, therefore, the emissions of an processes to conduct initial and PM APCDs associated with these upset. A COM can also signal the long- periodic (every five years) performance affected sources. term gradual deterioration of tests of visual emissions. Particulate F. Selection of Notification, performance of a control device. Failure matter emissions from these sources are Recordkeeping, and Reporting of any 30-minute average reading to much lower than those from kilns, Requirements meet the clinker cooler opacity limit clinker coolers, and raw and finish would constitute a violation of the The proposed NESHAP would require mills, therefore, continuous opacity clinker cooler PM emission standard. portland cement manufacturing plants Where the use of a COM is not monitoring, and more frequent visual to comply with all applicable feasible (or at the option of the owner opacity measurements are not being requirements in the NESHAP general or operator when the exhaust is proposed. Method 9 of 40 CFR part 60, provisions (40 CFR part 63, subpart A), discharged through multiple stacks), the appendix A is the proposed method for including recordkeeping, notification, proposed standards would require daily the visual opacity measurements. As and reporting requirements. General visual observations using Method 9. The previously noted, Method 9 is the recordkeeping requirements would duration of the Method 9 test would be established method for opacity include relevant records for each 30 minutes. Method 9 is the established determinations for stationary sources, affected source of: (1) The occurrence EPA method for visual determinations and provides a directly enforceable and duration of each startup, shutdown, of opacity from stationary sources. opacity reading for compliance or malfunction of operation of process Method 9 procedures for making visual determinations. equipment, (2) the occurrence and observations and reducing the data Section 63.6(h)(5)(ii) of the NESHAP duration of each malfunction of the air would be followed. Failure of any daily general provisions (40 CFR part 63, pollution control equipment, (3) all reading to meet the 10 percent opacity subpart A) requires 3 hours (30 6- maintenance performed on the air limit would constitute a violation of the minute averages) of Method 9 pollution control equipment, (4) actions clinker cooler PM emission limit. observations for determining taken during startup, shutdown and compliance for fugitive emission malfunction that are different from the 5. Raw and Finish Mill PM Emissions sources. However, due to the potentially procedures specified in the source’s The proposed standards would large number of affected materials startup, shutdown, and malfunction require the owner or operator of raw and handling sources at portland cement plan, (5) all information necessary to finish mills to conduct initial and plants, the costs for observations from demonstrate conformance with the periodic (every five years) compliance these sources are considered overly affected source’s startup, shutdown, and tests using Method 9, and to either burdensome. Furthermore, data from malfunction plan when the plan install, calibrate, maintain and operate a similar facilities in non-metallic mineral procedures are followed, (6) each period bag leak detection system or to conduct processing plants (docket item II–J–10) during which a CMS is malfunctioning daily visual observations using Method show that the opacity readings for the or inoperative (including out-of-control 22 to ensure compliance with the first hour are typically the same as the periods), (7) all required measurements opacity standard. The opacity limit for readings for the second and third hours. needed to demonstrate compliance with raw and finish mills is 10 percent. The Therefore EPA is proposing a reduction the standards, (8) all results of duration of the Method 9 tests is 3-hours in Method 9 testing duration for these performance tests, CMS performance and the duration of the daily Method 22 facilities to one hour (ten 6-minute evaluations, and opacity and visible tests is six minutes. The duration of the averages), provided that no individual emissions observations, (9) all Method 9 test can be reduced to one reading exceeds 10 percent and that no measurements as may be necessary to hour if during the first hour of the test, more than three individual readings of determine the conditions of there are no individual readings greater ten percent are observed during the first performance tests and performance than 10 percent and there are no more hour of the test. Exceedance of the 10- evaluations, (10) all CMS calibration than three individual readings of 10 percent opacity limit for any 30-minute checks, (11) all adjustments and percent. average reading would constitute a maintenance performed on CMS, (12) If visible emissions are detected violation of the proposed opacity any information demonstrating whether during any daily Method 22 test, the standard. a source is meeting the requirements for owner or operator must begin a 30- a waiver of record keeping or reporting minute Method 9 test within 24 hours 7. General Monitoring Requirements requirements, (13) all emission levels and initiate a site specific operating and The general provisions in 40 CFR part relative to the criterion for obtaining maintenance plan within one hour. If 63, subpart A require each owner or permission to use an alternative to the the bag leak detection system alarm is operator to develop and implement a relative accuracy test, (14) all records or triggered, the owner or operator must startup, shutdown, and malfunction any bag leak detection system alarm, initiate a site specific operating and plan. The proposed NESHAP requires and (15) all documentation supporting maintenance plan within one hour. the owner or operator to include initial notifications and notifications of Failure to conduct a Method 9 test as procedures to be followed in the event compliance status. Records would also required, failure to initiate a site- that a CEM, COM or temperature be required of applicability specific operating and maintenance plan monitor indicates that emissions exceed determinations that the source is not as required, or observation of any 30- the applicable standards. Block averages subject to the requirements of the minute average opacity in excess of 10 are proposed for opacity, D/F, and THC NESHAP and of CMS measurements, percent during the Method 9 test shall monitoring required by the standard. operation, and malfunctions. constitute a violation of the raw mill Owners or operators are also required General Provisions notification and finish mill opacity standard. to develop site specific operating and requirements would include: (1) initial 14208 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules notifications, (2) notification of VII. Administrative Requirements productivity, competition, jobs, the environment, public health or safety, or performance test, (3) notification of A. Docket opacity and visible emission State, local, or tribal governments or observations, (4) additional notifications The docket is an organized and communities; required for sources with CMS and (5) complete file of all the information (2) Create a serious inconsistency or notification of compliance status. considered by EPA in the development otherwise interfere with an action taken of this rulemaking. The docket is a Notifications of the requirement to or planned by another agency; dynamic file, because material is added (3) Materially alter the budgetary develop and implement a QIP, and if throughout the rulemaking impact of entitlements, grants, user fees, applicable, notifications of the inability development. The docketing system is or loan programs, or the rights and to implement a required QIP within 180 intended to allow members of the public obligation of recipients thereof; or days would also be required by this and industries involved to readily (4) Raise novel legal or policy issues subpart. Reporting requirements would identify and locate documents so that arising out of legal mandates, the include (1) a report of performance test they can effectively participate in the President’s priorities, or the principles results, (2) a report of results of opacity rulemaking process. Along with the set forth in the Executive Order. or visible emission observations done proposed and promulgated standards Because the projected annual costs concurrently with performance test, (3) and their preambles, the contents of the (including monitoring) for this NESHAP progress reports if required as a docket will serve as the record in the are $27 million a regulatory impact condition of receiving an extension of case of judicial review. [See section analysis has not been prepared. compliance, (4) periodic and immediate 307(d)(7)(A) of the Act.] However this action is considered a ‘‘significant regulatory action’’ within startup, shutdown, and malfunction B. Public Hearing reports, and (5) summary excess the meaning of Executive Order 12866, emissions and performance monitoring A public hearing will be held, if and the proposed regulation presented reports. requested, to discuss the proposed in this notice was submitted to the OMB standards in accordance with section for review. Any written comments are VI. Public Participation 307(d)(5) of the Act. Persons wishing to included in the docket listed at the make oral presentations on the proposed beginning of today’s notice under The EPA seeks full public standards should contact EPA (see ADDRESSES. The docket is available for participation in arriving at its final ADDRESSES). If a public hearing is public inspection at the EPA’s Air decisions and encourages comments on requested and held, EPA will ask Docket Section, which is listed in the all aspects of this proposal from all clarifying questions during the oral ADDRESSES section of this preamble. interested parties. Full supporting data presentation but will not respond to the and detailed analyses should be presentations or comments. To provide D. Enhancing the Intergovernmental submitted with comments to allow EPA an opportunity for all who may wish to Partnership Under Executive Order to make maximum use of the comments. speak, oral presentations will be limited 12875 All comments should be directed to the to 15 minutes each. Any member of the In compliance with Executive Order Air and Radiation Docket and public may file a written statement on 12875, EPA has involved State and local Information Center, Docket No. A–92– or before May 26, 1998. Written regulatory experts in the development of 53 (see ADDRESSES). Comments on this statements should be addressed to the this proposed rule. One tribal notice must be submitted on or before Air and Radiation Docket and government and one State government the date specified in DATES. Information Center (see ADDRESSES), and is believed to be affected by this refer to Docket No. A–92–53. Written proposed rule. Local governments, and Commenters wishing to submit statements and supporting information State governments other than the one proprietary information for will be considered with equivalent State which operates a portland cement consideration should clearly distinguish weight as any oral statement and plant are not directly impacted by the such information from other comments supporting information subsequently rule, i.e., they are not required to and clearly label it ‘‘Confidential presented at a public hearing, if held. A purchase control systems to meet the Business Information’’ (CBI). verbatim transcript of the hearing and requirements of the rule. However, they Submissions containing such written statements will be placed in the will be required to implement the rule; proprietary information should be sent docket and be available for public e.g., incorporate the rule into permits directly to the Emission Standards inspection and copying, or mailed upon and enforce the rule. They will collect Division CBI Office, U.S. Environmental request, at the Air and Radiation Docket permit fees that will be used to offset Protection Agency (MD–13), Research and Information Center (see ADDRESSES). the burden of implementing the rule. Triangle Park, North Carolina 27711, Comments have been solicited from C. Executive Order 12866 with a copy of the cover letter directed States and from local air pollution to the contact person listed above. Under Executive Order 12866 (58 FR control agency representatives and these Confidential business information 51735, October 4, 1993), EPA must comments have been carefully should not be sent to the public docket. determine whether the regulatory action considered in the rule development Information covered by such a claim of is ‘‘significant’’ and therefore subject to process. In addition, all States are confidentiality will be disclosed by EPA review by the Office of Management and encouraged to comment on this Budget (OMB), and the requirements of only to the extent allowed and by the proposed rule during the public the Executive Order. The Executive procedures set forth in 40 CFR part 2. comment period, and the EPA intends Order defines ‘‘significant regulatory If no claim of confidentiality to fully consider these comments in the action’’ as one that is likely to result in development of the final rule. accompanies the submission when it is a rule that may: received by EPA, it may be made (1) Have an annual effect on the E. Unfunded Mandates Reform Act available to the public without further economy of $100 million or more or Section 202 of the Unfunded notice to the commenter. adversely affect in a material way the Mandates Reform Act of 1995 (UMRA), economy, a sector of the economy, signed into law on March 22, 1995 (109 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14209

Stat. 48), requires that the Agency than 750. Otherwise the firm is under the requirements of the prepare a budgetary impact statement classified as large. A total of 7 firms are Paperwork Reduction Act, 44 U.S.C. before promulgating a rule that includes categorized as small, while the 3501 et seq. An Information Collection a Federal mandate that may result in remaining 37 firms are large. Because a Request (ICR) document has been expenditure by State, local, and tribal substantial number of small firms are prepared by EPA (ICR No. 1801.01), and governments, in aggregate, or by the not affected, and the EPA does not a copy may be obtained from Sandy private sector, of $100 million or more project a significant impact on small Farmer, OPPE Regulatory Information in any one year. Section 203 requires firms, the rule does not require an RFA. Division, U.S. Environmental Protection the Agency to establish a plan for I certify that the rule will not have a Agency (2137), 401 M Street SW., obtaining input from and informing, significant economic impact on a Washington, DC 20460, or by calling educating, and advising any small substantial number of small entities. (202) 260–2740. governments that may be significantly This is because the rule has a control The proposed information or uniquely affected by the rule. cost share of revenue of less than one requirements include the notification, Under section 205 of the UMRA, the percent for all of the seven cement recordkeeping, and reporting Agency must identify and consider a plants which are considered small requirements of the NESHAP general reasonable number of regulatory entities. [Refer to section IV.H. provisions (40 CFR part 63, subpart A), alternatives before promulgating a rule (Economic Impacts) for more details on authorized under section 114 of the Act, for which a budgetary impact statement the cost and estimated price increases.] which are mandatory for all owners or must be prepared. The Agency must Although the rule will not have a operators subject to national emission select from those alternatives the least significant impact on a substantial standards. All information submitted to costly, most cost-effective, or least number of small entities, nevertheless EPA for which a claim of confidentiality burdensome alternative for State, local, the Agency has worked with portland is made is safeguarded according to and tribal governments and the private cement small entities throughout the Agency policies in 40 CFR part 2, sector that achieves the objectives of the rulemaking process. Meetings were held subpart B. The proposed rule does not rule, unless the Agency explains why on a regular basis with the Portland require any notifications or reports this alternative is not selected or unless Cement Association (PCA) and industry beyond those required by the general the selection of this alternative is representatives, including both small provisions. These information inconsistent with law. and large firms, to discuss the requirements are necessary to determine Because this proposed rule, if development of the rule, exchange compliance with the standard. promulgated, is estimated to result in information and data, solicit comments The annual public reporting and the expenditure by State, local, and on draft rule requirements, and provide recordkeeping burden for this collection tribal governments or the private sector a list of the small firms. In addition, is estimated at 77,000 labor hours per of less than $100 million in any one some cement industry representatives year at a total annual cost of $2,470,000 year, the Agency has not prepared a formed a group called the ‘‘Small over the three-year period. This budgetary impact statement or Cement Company MACT Coalition’’, corresponds to an estimated burden of specifically addressed the selection of which was represented by counsel approximately 2000 hours per year for the least costly, most cost-effective, or during meetings held with the PCA and an estimated 39 respondents. This least burdensome alternative. Because industry representatives during the later estimate includes performance tests and small governments will not be stages of the proposal development reports (with repeat tests where significantly or uniquely affected by this process. Finally, the Small Cement needed); one-time preparation of a rule, the Agency is not required to Company MACT Coalition designated startup, shutdown, and malfunction develop a plan with regard to small the PCA as its representative in future plan with semiannual reports of any governments. Therefore, the meetings with the EPA concerning the event where the procedures in the plan requirements of the UMRA do not apply rulemaking for the portland cement were not followed; semiannual excess to this action. industry. emissions reports; notifications; and To minimize adverse impacts on the recordkeeping. Total annualized capital F. Regulatory Flexibility Act small entities, the Agency has proposed costs associated with monitoring Under section 605 of the Regulatory controls at the MACT-floor level and requirements over the three-year period Flexibility Act of 1980, 5 U.S.C. 601 et tailored the requirements to permit less of the ICR is estimated at $194,000; this seq., Federal agencies are required to costly testing and monitoring by using estimate includes the capital and startup assess the economic impact of Federal surrogates for HAP emissions and costs associated with installation of regulations on small entities. The provided choice in methods of required continuous monitoring Regulatory Flexibility Act specifies that demonstrating compliance. The Agency equipment for those affected subject to Federal agencies must prepare an initial has also tried to make the rule ‘‘user the standard. The total operation and Regulatory Flexibility Analysis (RFA) if friendly,’’ with language that is easy to maintenance cost is estimated at a proposed regulation will have a understand by all of the regulated $191,000 per year. significant economic impact on a community. To minimize capital Burden means the total time, effort, or substantial number of small entities. For availability problems EPA also proposes financial resources expended by persons the purposes of the Agency’s to allow affected firms up to 3 years to generate, maintain, retain, or disclose implementation of the Act, the EPA’s from the effective date of the final rule or provide information to or for a guidelines define a ‘‘substantial to comply. An extra year may be granted Federal agency. This includes the time number’’ as 100 or more firms. by the Administrator or delegated needed to review instructions; develop, The manufacture of portland cement regulatory authority if necessary to acquire, install, and utilize technology is covered by SIC code 3241 for install controls. and systems for the purpose of hydraulic cements. According to Small collecting, validating, and verifying Business Administration size standards, G. Paperwork Reduction Act information; processing and firms owning portland cement plants The information collection maintaining information, and disclosing are categorized as small if the total requirements in this proposed rule have and providing information; adjust the number of employees at the firm is less been submitted for approval to OMB existing ways to comply with any 14210 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules previously applicable instructions and Dated: March 9, 1998. and regulated under subpart EEE of this requirements; train personnel to Carol M. Browner, part.1 respond to a collection of information; Administrator. (2) Each clinker cooler at any portland cement plant which is a major source; search existing data sources; complete For the reasons set out in the (3) Each raw mill at any portland and review the collection of preamble, part 63 of title 40, chapter 1 cement plant which is a major source; information; and transmit or otherwise of the Code of Federal Regulations is (4) Each finish mill at any portland disclose the information. proposed to be amended as follows: cement plant which is a major source; An Agency may not conduct or (5) Each raw material dryer at any sponsor, and a person is not required to PART 63ÐNATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR portland cement plant which is a major respond to a collection of information source; unless it displays a currently valid OMB POLLUTANTS FOR SOURCE CATEGORIES (6) Each raw material, clinker, or control number. The OMB control finished product storage bin at any numbers for EPA’s regulations are listed 1. The authority citation for part 63 portland cement plant which is a major in 40 CFR part 9 and 48 CFR chapter 15. continues to read as follows: source; Send comments on the Agency’s need Authority: Secs. 101, 112, 114, 116, 183(f) (7) Each conveying system transfer for this information, the accuracy of the and 301 of the Clean Air Act as amended (42 point at any portland cement plant provided burden estimates, and any U.S.C. et seq). which is a major source; (8) Each bagging system at any suggested methods for minimizing 2. Part 63 is amended by adding a portland cement plant which is a major respondent burden, including through new subpart LLL consisting of source; and the use of automated collection §§ 63.1340 through 63.1359 to read as (9) Each bulk loading or unloading techniques to the Director, OPPE follows: Regulatory Information Division; U.S. system at any portland cement plant Environmental Protection Agency Subpart LLLÐNational Emission Standards which is a major source. for the Portland Cement Manufacturing (c) For portland cement plants with (2137), 401 M Street SW., Washington, Industry DC 20460; and to the Office of on-site nonmetallic mineral processing Information and Regulatory Affairs, Sec. facilities, the first affected source in the 63.1340 Applicability and designation of Office of Management and Budget, 725 sequence of materials handling affected sources. operations subject to this subpart is the 17th Street, NW, Washington, D.C. 63.1341 Definitions. 20503, marked ‘‘Attention: Desk Officer raw material storage, which is just prior 63.1342 Standards: General. to the raw mill. The primary and for EPA.’’ Include the ICR number in 63.1343 Standards for kilns and in-line any correspondence. Since OMB is kiln/raw mills. secondary crushers and any other equipment of the on-site nonmetallic required to make a decision concerning 63.1344 Standards for clinker coolers. mineral processing plant which the ICR between 30 and 60 days after 63.1345 Standards for new and precedes the raw material storage are March 24, 1998, a comment to OMB is reconstructed raw material dryers. 63.1346 Standards for affected sources not subject to this subpart. Furthermore, best assured of having its full effect if other than kilns, in-line kiln raw mills, the first conveyor transfer point subject OMB receives it by April 23, 1998. The clinker coolers, and new and to this subpart is the transfer point final rule will respond to any OMB or reconstructed raw material dryers. associated with the conveyor public comments on the information 63.1347 Compliance dates. transferring material from the raw 63.1348 Initial compliance demonstration. collection requirements contained in material storage to the raw mill. this proposal. 63.1349 Monitoring requirements. 63.1350 Additional test methods. (d) The owner or operator of any H. Clean Air Act 63.1351 Notification requirements. affected source subject to the provisions 63.1352 Reporting requirements. of this subpart is subject to title V In accordance with section 117 of the 63.1353 Recordkeeping requirements. permitting requirements. Act, publication of this proposal was 63.1354 Delegation of authority. preceded by consultation with 63.1355–63.1359 [Reserved] § 63.1341 Definitions. appropriate advisory committees, Table 1 to Subpart LLLÐApplicability of All terms used in this subpart that are independent experts, and Federal General Provisions not defined below have the meaning departments and agencies. This given to them in the CAA and in subpart regulation will be reviewed eight years Subpart LLLÐNational Emission A of this part. from the date of promulgation. This Standards for the Portland Cement Alkali bypass means a duct between review will include an assessment of Manufacturing Industry the feed end of the kiln and the such factors as evaluation of the preheater tower through which a § 63.1340 Applicability and designation of portion of the kiln exit gas stream is residual health risks, any overlap with affected sources. other programs, the existence of withdrawn and quickly cooled by air or (a) Except as specified in paragraphs alternative methods, enforceability, water to avoid excessive buildup of (b) and (c) of this section, the provisions alkali and sulfur on the raw feed. improvements in emission control of this subpart apply to each new and technology and health data, and the Bag leak detection system means a existing portland cement plant which is monitoring system for a fabric filter that recordkeeping and reporting a major source or an area source as requirements. identifies an increase in particulate defined in § 63.2 of this part. emissions resulting from a broken filter List of Subjects in 40 CFR Part 63 (b) The affected sources subject to this bag or other malfunction and sounds an subpart are: alarm. Environmental protection, Air (1) Each kiln and each in-line kiln/ Bagging system means the equipment pollution control, Hazardous raw mill at any major or area source, which fills bags with portland cement. substances, Portland cement including alkali bypasses, except for manufacturing, Reporting and kilns and in-line kiln/raw mills that 1 The EPA proposed regulations for subpart EEE recordkeeping requirements. burn hazardous waste and are subject to of 40 CFR part 63 on April 19, 1996 at 61 FR 17358. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14211

Clinker cooler means equipment into fabric filter) that extends the length of (ii) 0.40 ng per dscm (1.7 × 10¥10 gr which clinker product leaving the kiln the structure and has a width very small per dscf)(TEQ) corrected to seven is placed to be cooled by air supplied in relation to its length (i.e., length to percent oxygen, when the temperature by a forced draft or natural draft supply width ratio is typically greater than 5:1). at the inlet to the particulate matter air system. The exhaust may be an open vent with pollution control device is 204 °C Conveying system means a device for or without a roof, louvered vents, or a (400°(F) or less. transporting materials from one piece of combination of such features. (c) No owner or operator that equipment or location to another Portland cement plant means any commences construction of a new kiln location within a facility. Conveying facility manufacturing portland cement. or new inline kiln/raw mill, or systems include but are not limited to Raw material dryer means an impact commences reconstruction of a kiln or the following: feeders, belt conveyors, dryer, drum dryer, paddle-equipped in-line kiln/raw mill at a facility which bucket elevators and pneumatic rapid dryer, air separator, or other is a major source subject to the systems. equipment used to reduce the moisture provisions of this subpart shall cause to Conveying system transfer point content of feed materials. be discharged into the atmosphere from means a point where any material Raw mill means a ball and tube mill, these affected sources any gases which: including but not limited to feed vertical roller mill or other size (1) Contain particulate matter in material, fuel, clinker or product, is reduction equipment, that is not part of excess of 0.15 kg per Mg (0.30 lb per transferred to or from a conveying an in-line kiln/raw mill, used to grind ton) of feed (dry basis) to the kiln. When system, or between separate parts of a feed to the appropriate size. Moisture there is an alkali bypass associated with conveying system. may be added or removed from the feed a kiln or in-line kiln/raw mill, the Dioxins and furans (D/F) means during the grinding operation. If the raw combined particulate matter emissions tetra-, penta-, hexa-, hepta-, and octa- mill is used to remove moisture from from the kiln or in-line kiln/raw mill chlorinated dibenzo dioxins and furans. feed materials, it is also, by definition, and the bypass stack are subject to this Facility means all contiguous or a raw material dryer. The raw mill also emission limit. adjoining property that is under includes the air separator associated (2) Exhibit opacity greater than 20 common ownership or control, with the raw mill. percent. including properties that are separated TEO means the international method (3) Contain D/F in excess of only by a road or other public right-of- of expressing toxicity equivalents for (i) 0.20 ng per dscm (8.7 × 10¥11 gr way. dioxins and furans as defined in U.S. per dscf) (TEQ) corrected to seven Feed means the prepared and mixed EPA, Interim Procedures for Estimating percent oxygen; or materials, which include but are not Risks Associated with Exposures to (ii) 0.40 ng per dscm (1.7 × 10¥10 gr limited to materials such as limestone, Mixtures of Chlorinated Dibenzo-p- per dscf) (TEQ) corrected to seven clay, shale, sand, iron ore, mill scale, dioxins and -dibenzofurans (CDDs and percent oxygen, when the temperature and flyash, that are fed to the kiln and CDFs) and 1989 Update, March 1989. at the inlet to the particulate matter air ° become part of the clinker product. Feed § 63.1342 Standards: General. pollution control device is 204 C (400 does not include the fuels used in the ° Table 1 to this subpart provides cross F) or less. kiln to produce heat to form the clinker references to the 40 CFR part 63, subpart (4) Contain total hydrocarbon (THC), product. A, general provisions, indicating the from the main exhaust of the kiln or in- Finish mill means a roll crusher, ball line kiln/raw mill, in excess of 50 and tube mill or other size reduction applicability of the general provisions requirements to subpart LLL. ppmvd as propane, corrected to seven equipment used to grind clinker to a percent oxygen. fine powder. Gypsum and other § 63.1343 Standards for kilns and in-line (d) No owner or operator of a new or materials may be added to and blended kiln/raw mills. existing kiln or in-line kiln/raw mill at with clinker in a finish mill. The finish (a) The provisions in this section a facility that is an area source subject mill also includes the air separator apply to each kiln, each in-line kiln/raw to the provisions of this subpart shall associated with the finish mill. mill, and any alkali bypass associated cause to be discharged into the Hazardous waste is defined in § 261.3 with that kiln or in-line kiln/raw mill. atmosphere from these affected sources of this chapter. (b) No owner or operator of an any gases which contain D/F in excess In-line kiln/raw mill means a system existing kiln or in-line kiln/raw mill at of: in a portland cement production process a facility that is a major source subject (1) 0.20 ng per dscm (8.7 × 10¥11 gr where a dry kiln system is integrated to the provisions of this subpart shall per dscf) (TEQ) corrected to seven with the raw mill so that all or a portion cause to be discharged into the percent oxygen; or of the kiln exhaust gases are used to atmosphere from these affected sources, (2) 0.40 ng per dscm (1.7 × 10¥10 gr perform the drying operation of the raw any gases which: per dscf) (TEQ) corrected to seven mill, with no auxiliary heat source used. (1) Contain particulate matter in percent oxygen, when the temperature In this system the kiln is capable of excess of 0.15 kg per Mg (0.30 lb per at the inlet to the particulate matter air operating without the raw mill ton) of feed (dry basis) to the kiln. When pollution control device is 204 °C (400 operating, but the raw mill cannot there is an alkali bypass associated with °F) or less. operate without the kiln gases, and a kiln or in-line kiln/raw mill, the consequently, the raw mill does not combined particulate matter emissions § 63.1344 Standards for clinker coolers. generate a separate exhaust gas stream. from the kiln or in-line kiln/raw mill (a) No owner or operator of a new or Kiln means a device, including any and the alkali bypass are subject to this existing clinker cooler at a facility associated preheater or precalciner emission limit. which is a major source subject to the devices, that produces clinker by (2) Exhibit opacity greater than 20 provisions of this subpart shall cause to heating limestone and other materials percent. be discharged into the atmosphere from for subsequent production of cement. (3) Contain D/F in excess of the clinker cooler any gases which: Monovent means an exhaust (i) 0.20 ng per dscm (8.7 × 10¥11 gr (1) Contain particulate matter in configuration of a building or emission per dscf)(TEQ) corrected to seven excess of 0.050 kg per Mg (0.10 lb per control device (e. g. positive pressure percent oxygen; or ton) of feed (dry basis) to the kiln. 14212 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

(2) Exhibit opacity greater than ten (1) A brief description of the process (ii) Suitable methods shall be used to percent. and the air pollution control system; determine the kiln or inline kiln/raw (b) [Reserved] (2) Sampling location description(s); mill feed rate, except for fuels, for each (3) A description of sampling and run. § 63.1345 Standards for new and analytical procedures and any (iii) The emission rate, E, of PM shall reconstructed raw material dryers. modifications to standard procedures; be computed for each run using (a) No owner or operator of a new or (4) Test results; equation 1: reconstructed raw material dryer at a (5) Quality assurance procedures and E = (cs Qsd) / P facility which is a major source subject results; Where: to this subpart shall cause to be (6) Records of operating conditions discharged into the atmosphere from the during the test, preparation of E = emission rate of particulate matter, new or reconstructed raw material dryer standards, and calibration procedures; kg/Mg of kiln feed. any gases which: (7) Raw data sheets for field sampling cs = concentration of PM, kg/dscm. Qsd = volumetric flow rate of effluent (1) Contain THC in excess of 50 and field and laboratory analyses; gas, dscm/hr. ppmvd, reported as propane, corrected (8) Documentation of calculations; P = total kiln feed (dry basis), Mg/hr. to seven percent oxygen. (9) All data recorded and used to establish parameters for compliance (2) Exhibit opacity greater than ten (iv) When there is an alkali bypass monitoring; and associated with a kiln or in-line kiln/ percent. (10) Any other information required (b) [Reserved] raw mill, the main exhaust and alkali by the test method. bypass of the kiln or in-line kiln/raw § 63.1346 Standards for affected sources (b) Performance tests to demonstrate mill shall be tested simultaneously and other than kilns, in-line kiln/raw mills, initial compliance with this subpart the combined emission rate of clinker coolers, and new and reconstructed shall be conducted as specified in particulate matter from the kiln or in- raw material dryers. paragraphs (b)(1) through (b)(5) of this line kiln/raw mill and alkali bypass The owner or operator of each new or section. shall be computed for each run using existing raw mill; finish mill; raw (1) The owner or operator of a kiln equation 2, subject to limitations on particulate material, clinker, or finished product Ec = (cskQsdk + csbQsdb)/P matter emissions shall demonstrate storage bin; conveying system transfer Where: point; bagging system; and bulk loading initial compliance by conducting a or unloading system; and each existing performance test as specified in Ec = the combined emission rate of raw material dryer, at a facility which is paragraphs (b)(1)(i) through (b)(1)(iv) of particulate matter from the kiln or a major source subject to the provisions this section. The owner or operator of an in-line kiln/raw mill and bypass of this subpart shall not cause to be in-line kiln/raw mill shall demonstrate stack, kg/Mg of kiln feed, discharged any gases from these affected initial compliance by conducting csk = concentration of particulate matter sources which exhibit opacity in excess separate performance tests as specified in the kiln or in-line kiln/raw mill of ten percent. in paragraphs (b)(1)(i) through (b)(1)(iv) effluent, kg/dscm, of this section while the raw mill of the Qsdk = volumetric flow rate of kiln or in- § 63.1347 Compliance dates. in-line kiln/raw mill is under normal line kiln/raw mill effluent, dscm/hr, (a) The compliance date for an owner operating conditions and while the raw csb = concentration of particulate matter or operator of an existing affected source mill of the in-line kiln/raw mill is not in the alkali bypass gas, kg/dscm, subject to the provisions of this subpart operating. The owner or operator of a Qsdb = volumetric flow rate of alkali is no later than 36 months after clinker cooler subject to limitations on bypass gas, dscm/hr, and P = total publication of the final rule. particulate matter emissions shall kiln feed (dry basis), Mg/hr. (b) The compliance date for an owner demonstrate initial compliance by (v) Except as provided in paragraph or operator of an affected source subject conducting a performance test as (b)(1)(vi) of this section the opacity to the provisions of this subpart that specified in paragraphs (b)(1)(i) through exhibited during the period of the commences new construction or (b)(1)(iii) of this section. The opacity Method 5 performance tests required by reconstruction after March 24, 1998 is exhibited during the period of the paragraph (b)(1)(i) of this section shall the date of publication of the final rule Method 5 performance tests required by be determined through the use of a or immediately upon startup of paragraph (b)(1)(i) of this section shall continuous opacity monitor (COM). The operations, whichever is later. be determined as required in paragraphs maximum six-minute average opacity (b)(1)(v) through (vi) of this section. during the three Method 5 test runs § 63.1348 Initial compliance (i) EPA Method 5 of appendix A to shall be determined during each Method demonstration. part 60 of this chapter shall be used to 5 test run, and used to demonstrate (a) The owner or operator of an determine PM emissions. Each initial compliance with the applicable affected source subject to this subpart performance test shall consist of three opacity limits of §§ 63.1343(b)(2), shall demonstrate initial compliance separate runs under the conditions that 63.1343(c)(2), or 63.1344(a)(2) of this with the emission limits of §§ 63.1343– exist when the affected source is subpart. 63.1346 using the test methods and operating at the highest load or capacity (vi) Each owner or operator of a kiln, procedures in paragraph (b) of this level reasonably expected to occur. Each in-line kiln/raw mill, or clinker cooler section and § 63.7. Performance test run shall be conducted for at least one subject to the provisions of this subpart results shall be documented in complete hour, and the minimum sample volume using a fabric filter with multiple stacks test reports that contain the information shall be 0.85 dscm (30 dscf). The or an electrostatic precipitator with required by paragraphs (a)(1) through average of the three runs shall be used multiple stacks may, in lieu of installing (a)(10) of this section, as well as all to determine compliance. A the continuous opacity monitoring other relevant information. The plan to determination of the particulate matter system required by paragraph (b)(1)(v) be followed during testing shall be made collected in the impingers (‘‘back half’’) of this section, conduct an opacity test available to the Administrator prior to of the Method 5 particulate sampling in accordance with Method 9 of testing, if requested. train is not required. appendix A to part 60 of this chapter Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14213 during each Method 5 performance test (i) There are no individual readings (5) The owner or operator of an required by paragraph (b)(1)(i) of this greater than 10 percent opacity; affected source subject to limitations on section. If the control device exhausts (ii) There are no more than three emissions of THC shall demonstrate through a monovent, or if the use of a readings of 10 percent for the first 1- initial compliance with the THC limit COM in accordance with the installation hour period. by operating a continuous emission specifications of Performance (4) The owner or operator of an monitor in accordance with Specification 1 (PS–1) of appendix B to affected source subject to limitations on Performance Specification 8A of part 60 of this chapter is not feasible, a D/F emissions shall demonstrate initial appendix B to part 60 of this chapter.2 test shall be conducted in accordance compliance with the D/F emission limit The duration of the performance test with Method 9 of appendix A to part 60 by conducting a performance test using shall be three hours, and the average of this chapter during each Method 5 Method 23 of appendix A to part 60 of THC concentration during the three performance test required by paragraph this chapter. The owner or operator of hour performance test shall be (b)(1)(i) of this section. The maximum an in-line kiln/raw mill shall calculated. The owner or operator of an six-minute average opacity shall be demonstrate initial compliance by in-line kiln/raw mill shall demonstrate determined during the three Method 5 conducting separate performance tests initial compliance by conducting test runs, and used to demonstrate while the raw mill of the in-line kiln/ separate performance tests while the initial compliance with the applicable raw mill is under normal operating raw mill of the in-line kiln/raw mill is opacity limits of §§ 63.1343(b)(2), conditions and while the raw mill of the under normal operating conditions and 63.1343(c)(2), or 63.1344(a)(2) of this in-line kiln/raw mill is not operating. while the raw mill of the in-line kiln/ subpart. The owner or operator of a kiln or in- raw mill is not operating. (2) The owner or operator of a raw line kiln/raw mill equipped with an (c) Performance tests required under mill or finish mill subject to limitations alkali bypass shall conduct paragraphs (b)(1) through (4) of this on opacity under this subpart shall simultaneous performance tests of the section shall be repeated every five demonstrate initial compliance with the kiln or in-line kiln/raw mill exhaust and years, except that the owner or operator raw mill and finish mill opacity limit by the alkali bypass, however the owner or of a kiln, in-line kiln/raw mill or clinker conducting a performance test in operator of an in-line kiln/raw mill is cooler is not required to repeat the accordance with Method 9 of appendix not required to conduct a performance initial performance test of opacity. A to part 60 of this chapter. The test of the alkali bypass exhaust when performance test shall be conducted the raw mill of the in-line kiln/raw mill § 63.1349 Monitoring requirements. under the conditions that exist when the is not operating. (a) The owner or operator of a kiln or affected source is operating at the (i) Each performance test shall consist in-line kiln/raw mill shall demonstrate highest load or capacity level reasonably of three separate runs; each run shall be continuous compliance with the opacity expected to occur. The maximum six- conducted under the conditions that standard at each point where emissions minute average opacity exhibited during exist when the affected source is are vented from these affected sources the performance test shall be used to operating at the highest load or capacity including alkali bypasses in accordance determine whether the affected source is level reasonably expected to occur. The with paragraphs (a)(1) through (a)(5) of in initial compliance with the standard. duration of each run shall be at least this section. The duration of the Method 9 three hours and the sample volume for (1) Except as provided in paragraph performance test shall be 3-hours (30 6- each run shall be at least 2.5 dscm (90 (a)(2) of this section, the owner or minute averages), except that the dscf). The arithmetic average operator shall install, calibrate, duration of the Method 9 performance concentration measured during each of maintain, and continuously operate a test may be reduced to 1-hour if the the three runs shall be used to continuous opacity monitor (COM) conditions of paragraphs (b)(2)(i) determine compliance. located at the outlet of the PM control through (ii) of the section apply: (ii) The temperature at the inlet to the device to continuously monitor the (i) There are no individual readings kiln or in-line kiln/raw mill PM APCD, opacity. The COM shall be installed, greater than 10 percent opacity; and where applicable, the temperature maintained, calibrated, and operated as (ii) There are no more than three at the inlet to the alkali bypass PM required by subpart A, general readings of 10 percent for the first 1- APCD, must be continuously recorded provisions of this part, and according to hour period. during the period of the Method 23 test, PS–1 of appendix B to part 60 of this (3) The owner or operator of any and the continuous temperature chapter. affected source subject to limitations on record(s) must be included in the (2) The owner or operator of a kiln or opacity under this subpart that is not performance test report. The arithmetic in-line kiln/raw mill subject to the subject to § 63.1348(b)(1) through (2) average temperature must be provisions of this subpart using a fabric shall demonstrate initial compliance determined for each run. The arithmetic filter with multiple stacks or an with the affected source opacity limit by average of the averages for the three electrostatic precipitator with multiple conducting a test in accordance with runs must be calculated and included in stacks may, in lieu of installing the Method 9 of appendix A to part 60 of the performance test report and will continuous opacity monitoring system this chapter. The maximum six-minute determine the applicable temperature required by paragraph (a)(1) of this average opacity exhibited during the test limit in accordance with § 63.1349(d)(4) section, monitor opacity in accordance period shall be used to determine of this subpart. with paragraphs (a)(2)(i) through (ii) of whether the affected source is in initial (iii) If carbon injection is used for D/ this section. If the control device compliance with the standard. The F control, the carbon injection rate must exhausts through a monovent, or if the duration of the Method 9 performance be measured during the period of each use of a COM in accordance with the test shall be 3-hours (30 6-minute run. The average carbon injection rate installation specifications of PS–1 of averages), except that the duration of the measured for the three runs shall be appendix B to part 60 of this chapter is Method 9 performance test may be determined and included in the test not feasible, the owner or operator must reduced to 1-hour if the conditions of report, and shall be used for compliance paragraphs (b)(3)(i) through (ii) of the purposes in accordance with 2 The EPA proposed amendments to appendix B section apply: § 63.1349(e) of this subpart. to 40 CFR part 60 on April 19, 1996 at 61 FR 17358. 14214 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules monitor opacity in accordance with with paragraphs (b)(1) through (b)(3) of time within the six-minute test, the paragraphs (a)(2)(i) through (ii) of this this section. source is in compliance. section. (1) Except as provided in paragraph (2) An owner or operator may (i) Perform daily visual opacity (b)(2) of this section, the owner or demonstrate compliance by installing, observations of each stack in accordance operator shall install, calibrate, calibrating, maintaining, and with the procedures of Method 9 of maintain, and continuously operate a continuously operating a bag leak appendix A of part 60 of this chapter. COM located at the outlet of the clinker detection system in accordance with The duration of the Method 9 test shall cooler PM control device to paragraphs (c)(2)(i) through (vii) of this be at least 30 minutes each day. continuously monitor the opacity. The section. (ii) Use the Method 9 procedures to COM shall be installed, maintained, (i) The bag leak detection system must monitor and record the average opacity calibrated, and operated as required by be capable of detecting PM emissions at for each six-minute period during the subpart A, general provisions of this concentrations of 1.0 mg per actual test. part, and according to PS–1 of appendix cubic meter (0.00044 grains per actual (3) To remain in compliance, the B to part 60 of this chapter. cubic foot) and greater. opacity must be maintained such that (2) The owner or operator of a clinker (ii) The bag leak detection system the average of the 6-minute average cooler subject to the provisions of this sensor must provide output of relative opacities for any 30-minute period does subpart using a fabric filter with or absolute PM emissions. not exceed 20 percent. If the average of multiple stacks or an electrostatic (iii) The bag leak detection system the six-minute average opacities for any precipitator with multiple stacks may, must be equipped with an alarm system 30-minute period exceeds 20 percent, in lieu of installing the continuous that will sound when an increase in PM this shall constitute a violation of the opacity monitoring system required by emissions is detected. (iv) For positive pressure baghouses, a standard. paragraph (b)(1) of this section, monitor bag leak detector must be installed in (4) If the average opacity as opacity in accordance with paragraphs each baghouse compartment. If a determined in accordance with (b)(2)(i) through (ii) of this section. If the negative pressure or induced air paragraph (a)(1) of this section exceeds control device exhausts through a baghouse is used, the bag leak detector 15 percent for any ten consecutive 30- monovent, or if the use of a COM in must be installed downstream of the minute periods, or if the average opacity accordance with the installation baghouse. Where multiple detectors are as determined in accordance with specifications of PS–1 of appendix B to required (for either type of baghouse), paragraphs (a)(2)(i) through (ii) of this part 60 of this chapter is not feasible, the system instrumentation and alarm section exceeds 15 percent for any 30- the owner or operator must monitor may be shared among detectors. opacity in accordance with paragraphs minute period, the owner or operator (v) The bag leak detection system (b)(2)(i) through (ii) of this section. shall initiate a site-specific operating shall be installed, operated, calibrated, and maintenance plan within one hour. (i) Perform daily visual opacity and maintained in a manner consistent The site-specific operating and observations of each stack in accordance with available guidance from the U. S. maintenance plan shall be developed in with the procedures of Method 9 of Environmental Protection Agency or, in accordance with paragraph (g) of this appendix A of part 60 of this chapter. the absence of such guidance, the section. Failure to initiate the site- The duration of the Method 9 test shall manufacturer’s written specifications specific operating and maintenance plan be at least 30 minutes each day. and recommendations. within one hour shall constitute a (ii) Use the Method 9 procedures to (vi) Calibration of the system shall, at violation of the standard. monitor and record the average opacity minimum, consist of establishing the (5) If the average 30-minute opacity as for each six-minute period during the relative baseline output level by determined in accordance with test. adjusting the sensitivity and averaging paragraph (a)(1) of this section exceeds (3) To remain in compliance, the period of the device and establishing the 15 percent for five percent or more of opacity must be maintained such that alarm set points and the alarm delay the kiln operating time in any six-month the average of the 6-minute average time. reporting period, or if the 30-minute opacities for any 30-minute period does (vii) The owner or operator shall not average opacity reading as determined not exceed 10 percent. If the average of adjust the sensitivity, averaging period, in accordance with paragraphs (a)(2)(i) the six-minute average opacities for any alarm set points, or alarm delay time through (ii) of this section exceeds 15 30-minute period exceeds 10 percent, after the initial performance test unless percent during five percent or more of this shall constitute a violation of the a subsequent performance test is the daily readings in any six-month standard. performed. reporting period, the owner or operator (c) The owner or operator of a raw (3) If, in accordance with paragraph shall notify the permitting authority mill or finish mill shall demonstrate (c)(1) of this section visual emissions are within 48 hours and shall develop and continuous compliance with the opacity observed the owner or operator shall implement a quality improvement plan standard either by conducting visual follow the procedures of paragraphs (QIP) within 180 days. The QIP shall be emissions observations in accordance (c)(3)(i) through (ii) of this section. If, in developed in accordance with with paragraph (c)(1) of this section or accordance with paragraphs (c)(2)(i) paragraph (h) of this section. Failure to through the use of a bag leak detection through (vii) of this section, the bag leak notify the permitting authority within system in accordance with paragraphs detection system alarm is triggered, the 48 hours shall constitute a violation of (c)(2)(i) through (vii) of this section. owner or operator shall follow the the standard. Failure to develop and (1) An owner or operator may procedure of paragraphs (c)(3)(i) of this implement a QIP within 180 days shall demonstrate compliance by performing section. constitute a violation of the standard. daily visual emissions observations in (i) Initiate, within one-hour, a site (b) The owner or operator of a clinker accordance with the procedures of specific operating and maintenance plan cooler shall demonstrate continuous Method 22 of appendix A of part 60 of developed in accordance with compliance with the opacity standard at this chapter. The duration of the paragraph (g) of this section. If a site each point where emissions are vented Method 22 test shall be six-minutes. If specific operating and maintenance plan from the clinker cooler in accordance no visual emissions are observed at any is not initiated within one hour, this Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14215 shall constitute a violation of the device and in-line kiln/raw mill alkali accordance with § 63.1348(b)(4) of this standard. bypass PM control device, if applicable, subpart is (are) between 0.15 ng TEQ/ (ii) Conduct a visual opacity such that, dscm (6.5 × 10¥11 gr TEQ/dscf) and 0.20 observation of each stack from which (i) When the raw mill of the in-line ng TEQ/dscm (8.7 × 10¥11 gr TEQ/dscf), visible emissions were observed in kiln/raw mill is operating, the the temperature limit(s) is (are) the accordance with the procedures of applicable temperature limit(s) specified average temperature(s) recorded during Method 9 of appendix A of part 60 of in paragraph (d)(4) of this section and the performance test. this chapter. The owner or operator established during the performance test (iii) No temperature limit established must begin the Method 9 test within 24 when the raw mill was operating is (are) under this section shall be less than 204 hours of the end of the Method 22 test never exceeded for any nine-hour °C (400 °F). in which visible emissions were average. If any nine-hour average (5) The calibration of all observed. The duration of the Method 9 temperature exceeds the applicable thermocouples and other temperature test shall be thirty-minutes. If the temperature limit, this shall constitute a sensors shall be verified every three average of the six-minute average violation of the standard, and months. opacities recorded during the Method 9 (ii) When the raw mill of the in-line (e) The owner or operator of an test exceeds 10 percent, this shall kiln/raw mill is not operating, the affected source subject to a limitation on constitute a violation of the standard. If applicable temperature limit for the D/F emissions that employs carbon the owner or operator fails to begin the main in-line kiln/raw mill exhaust, injection as an emission control Method 9 test within 24 hours of the specified in paragraph (d)(4) of this technique shall comply with the end of the Method 22 test in which section and established during the monitoring requirements of paragraphs visible emissions were observed, this performance test when the raw mill was (d)(1) through (d)(5) and (e)(1) through shall constitute a violation of the not operating, is never exceeded for any (e)(2) of this section to demonstrate standard. nine-hour block averaging period. If any continuous compliance with the D/F (d) The owner or operator of an nine-hour average temperature exceeds emission standard: affected source subject to a limitation on the applicable temperature limit, this (1) Measure the mass of carbon D/F emissions shall comply with the shall constitute a violation of the injected for every nine-hour period. following monitoring requirements to standard, and (2) If the carbon injection rate demonstrate continuous compliance (iii) If the in-line kiln/raw mill is averaged over any nine-hour period is with the D/F emission standard: equipped with an alkali bypass, the less than the average of the carbon (1) The owner or operator shall applicable temperature limit for the injection rates for the three runs of the install, calibrate, maintain, and alkali bypass, specified in paragraph performance test conducted in continuously operate a device to (d)(4) of this section and established accordance with § 63.1348(b)(4) of this monitor and record the temperature of during the performance test when the subpart, this shall constitute a violation the exhaust gases from the kiln, in-line raw mill was operating, is never of the standard. kiln/raw mill and alkali bypass, if exceeded for any nine-hour block (f) The owner or operator of an applicable, at the inlet to the kiln, in- averaging period. If any nine-hour affected source subject to a limitation on line kiln/raw mill and/or alkali bypass average temperature exceeds the THC emissions under this subpart shall PM control devices consistent with the applicable temperature limit, this shall comply with the monitoring requirements for continuous monitoring constitute a violation of the standard. requirements of paragraphs (f)(1) and systems in subpart A, general (4) The temperature limit for affected (f)(2) of this section to demonstrate provisions. The device shall have an sources meeting the limits of continuous compliance with the THC accuracy of ±2 degrees Fahrenheit or ±1 §§ 63.1343(b)(3)(ii), 63.1343(c)(3)(ii) and emission standard: percent of the temperature measured in 63.1343(d)(2) of this subpart is 204 (1) The owner or operator shall degrees Fahrenheit. degrees C (400 degrees F). The install, operate and maintain a THC (2) The owner or operator shall temperature limits(s) for affected continuous emission monitoring system monitor and continuously record the sources meeting the limits of in accordance with Performance temperature of the exhaust gases from §§ 63.1343(b)(3)(i), 63.1343(c)(3)(i) and Specification 8A, of appendix B to part the kiln, in-line kiln/raw mill and alkali 63.1343(d)(1) is (are) determined 60 of this chapter 3 and comply with all bypass, if applicable, at the inlet to the according to paragraphs (d)(4)(i) through of the requirements for continuous kiln, in-line kiln/raw mill and/or alkali (iii) of this section. monitoring systems found in subpart A, bypass PM control device. (i) Except as provided in paragraph general provisions of this part. (3) To remain in compliance with the (d)(4)(iii) of this section, if the D/F (2) Any thirty-day block average THC D/F emission limit, the owner or emissions determined by the most concentration in any gas discharged operator of a kiln must maintain the recent performance test conducted in from a new or reconstructed raw temperature of the gas at the inlet to the accordance with § 63.1348(b)(4) of this material dryer, a new or reconstructed kiln PM control device and alkali subpart do not exceed 0.15 ng TEQ/ kiln, or a new or reconstructed in-line bypass PM control device, if applicable, dscm (6.5 × 10¥11 gr/dscf), the kiln/raw mill, exceeding 50 ppmvd, such that the applicable temperature temperature limit(s) is (are) the average reported as propane, corrected to seven limits specified in paragraph (d)(4) of temperature(s) recorded during the percent oxygen, is a violation of the this section are never exceeded for any performance test plus five percent of the standard. nine-hour block averaging period. If any temperature expressed in degrees (g) The owner or operator of each nine-hour average temperature exceeds Fahrenheit, or the average portland cement plant shall prepare for these temperature limits, this shall temperature(s) recorded during the each kiln, in-line kiln raw mill, raw mill constitute a violation of the standard. To performance test plus 25° F, whichever and finish mill which is an affected remain in compliance with the D/F is lower. source subject to the provisions of this emission limit, the owner or operator of (ii) Except as provided in paragraph subpart, a written operations and an in-line kiln/raw mill must maintain (d)(4)(iii) of this section, if the D/F maintenance plan. The plan shall be the temperature of the gas at the inlet to emissions determined by the most the in-line kiln/raw mill PM control recent performance test conducted in 3 Ibid. 14216 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules submitted to the Administrator for of hydrogen chloride (HCl) from kilns, § 63.1351 Notification requirements. review and approval as part of the in-line kiln/raw mills and associated (a) The notification provisions of 40 application for a part 70 permit and bypass stacks at portland cement CFR part 63, subpart A that apply and shall include the following information: manufacturing facilities, for use in those that do not apply to owners and (1) Procedures for proper operation applicability determinations under operators of affected sources subject to and maintenance of the affected source § 63.1340 of this subpart are permitted this subpart are listed in Table 1 of this and APCDs in order to meet the to use Method 321 or Method 322 of subpart. If any State requires a notice emission limits of § 63.1343 of this appendix A to this part. that contains all of the information subpart for kilns and in-line kiln raw (b) Owners or operators conducting required in a notification listed in this mills and § 63.1346 of this subpart for tests to determine the rates of emission section, the owner or operator may send raw mills and finish mills, and of HCl from kilns, in-line kiln/raw mills the Administrator a copy of the notice (2) Corrective actions to be taken and associated bypass stacks at portland sent to the State to satisfy the when required by paragraphs (a)(4) or cement manufacturing facilities, for use requirements of this section for that (c)(3)(i) of this section. in applicability determinations under notification. (h) If required under paragraph (a)(5) § 63.1340 of this subpart are permitted (b) Each owner or operator subject to of this section, an owner or operator to use Method 26 of appendix A to part the requirements of this subpart shall shall implement a QIP in accordance 60 of this chapter, provided that the comply with the notification with paragraphs (h)(1) through (h)(4) of conditions of paragraphs (b)(1) through requirements in § 63.9 of this part as this section. (b)(3) of this section are met: follows: (1) A QIP shall be a written plan. (1) Initial notifications as required by (2) An initial QIP shall include (1) Method 321 or Method 322 of appendix A to this part is used to § 63.9(b) through (d) of this part. For the procedures that are adequate for purposes of this subpart, a Title V or evaluating the control performance validate Method 26 of appendix A to part 70 permit application may be used problems monitored under paragraph part 60 of this chapter in accordance in lieu of the initial notification (a)(5) of this section. with section 6.1 of Method 301 of (3) Based on the results of the appendix A to this part. required under § 63.9(b), provided the same information is contained in the evaluation procedures, the QIP shall be (2) If a dry kiln or in-line kiln/raw permit application as required by modified to include procedures for mill is tested by Method 26, the Method § 63.9(b), and the State to which the conducting one or more of the actions 301 validation is conducted on a dry permit application has been submitted described in paragraphs (h)(3)(i) through kiln or in-line kiln/raw mill. has an approved operating permit (v) of this section: (3) If a wet kiln is tested by Method (i) Improved preventive maintenance program under part 70 of this chapter 26, the Method 301 validation is and has received delegation of authority practices, conducted on a wet kiln. (ii) Process operation changes, from the EPA. Permit applications shall (iii) Appropriate improvements in (c) Owners or operators conducting be submitted by the same due dates as control methods, tests to determine the rates of emission those specified for the initial (iv) Other steps appropriate to correct of HCl from kilns, in-line kiln/raw mills notification. control performance, and and associated bypass stacks at portland (2) Notification of performance tests, (v) More frequent or improved cement manufacturing facilities, for use as required by §§ 63.7 and 63.9(e) of this monitoring in conjunction with one or in applicability determinations under part. more steps under paragraphs (h)(3)(i) § 63.1340 of this subpart are permitted (3) Notification of opacity and visible through (iv) of this section. to use Method 26A of appendix A to emission observations required by (4) The owner or operator shall act to part 60 of this chapter, provided that the § 63.1348(b)(1) through (3) in develop and implement a QIP as conditions of paragraphs (c)(1) through accordance with §§ 63.6(h)(5) and expeditiously as practicable but in no (c)(3) of this section are met: 63.9(f) of this part. case shall the period for completing (1) Method 321 or Method 322 of (4) Notification, as required by implementation of the QIP exceed 180 appendix A to this part is used to § 63.9(g) of this part, of the date that the days from the date on which notice of validate Method 26A of appendix A to continuous emission monitor the need to implement the QIP must be part 60 of this chapter in accordance performance evaluation required by provided to the permitting authority with section 6.1 of Method 301 of § 63.8(e) of this part is scheduled to under paragraph (a)(5) of this section. If appendix A to this part. begin. the owner or operator determines that (2) If a dry kiln or in-line kiln/raw (5) Notification of compliance status, more than 180 days will be necessary to mill is tested by Method 26A, the as required by § 63.9(h) of this part. complete the appropriate Method 301 validation is conducted on (c) Each owner or operator subject to improvements, the owner or operator a dry kiln or in-line kiln/raw mill. the requirements of this subpart that is shall notify the permitting authority and required to implement a QIP shall (3) If a wet kiln is tested by Method obtain a site-specific resolution subject submit notifications as follows: 26A, the Method 301 validation is to the approval of the permitting (1) Notification, as required by conducted on a wet kiln. authority. Where appropriate, the QIP § 63.1349(a)(5) of this subpart, of the may rely on procedures and corrective (d) Owners or operators conducting requirement to implement a QIP. actions specified in an existing plan tests to determine the rates of emission (2) Notification, as required by developed to satisfy a separate of specific organic HAP from raw § 63.1349(h)(4) of this subpart, if applicable requirement (such as a material dryers, kilns and in-line kiln/ applicable, that more than 180 days will startup, shutdown, and malfunction raw mills at portland cement be required to complete the appropriate plan or an operations and maintenance manufacturing facilities, for use in improvements. plan). applicability determinations under § 63.1340 of this subpart are permitted § 63.1352 Reporting requirements. 63.1350 Additional test methods. to use Method 320 of appendix A to this (a) The reporting provisions of 40 CFR (a) Owners or operators conducting part, or Method 18 of appendix A to part part 63, subpart A that apply and those tests to determine the rates of emission 60 of this chapter. that do not apply to owners or operators Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14217 of affected sources subject to this for not following the startup, shutdown, form suitable and readily available for subpart are listed in Table 1 of this and malfunction plan, and whether any inspection and review as required by subpart. If any State requires a report excess emissions and/or parameter § 63.10(b)(1). The files shall be retained that contains all of the information monitoring exceedances are believed to for at least five years following the date required in a report listed in this have occurred. of each occurrence, measurement, section, the owner or operator may send (6) As required by § 63.10(e)(2) of this maintenance, corrective action, report, the Administrator a copy of the report part, the owner or operator shall submit or record. At a minimum, the most sent to the State to satisfy the a written report of the results of the recent two years of data shall be requirements of this section for that performance evaluation for the retained on site. The remaining three report. continuous monitoring system required years of data may be retained off site. (b) The owner or operator of an by § 63.8(e) of this part. The owner or The files may be maintained on affected source shall comply with the operator shall submit the report microfilm, on a computer, on floppy reporting requirements specified in simultaneously with the results of the disks, on magnetic tape, or on § 63.10 of the general provisions to part performance test. microfiche. 63, subpart A as follows: (7) As required by § 63.10(e)(2) of this (b) The owner or operator shall (1) As required by § 63.10(d)(2) of this part, the owner or operator of an maintain records for each affected part, the owner or operator shall report affected source using a continuous source as required by § 63.10(b)(2) and the results of performance tests as part opacity monitoring system to determine (b)(3) of this part, and of the notification of compliance status. opacity compliance during any (1) All documentation supporting (2) As required by § 63.10(d)(3) of this performance test required under § 63.7 initial notifications and notifications of part, the owner or operator of an of this part and described in § 63.6(d)(6) compliance status under § 63.9 of this affected source shall report the opacity of this part shall report the results of the part. or visible emission results from tests continuous opacity monitoring system (2) All records of applicability required by § 63.1348(b)(1)–(3) of this performance evaluation conducted determination, including supporting subpart along with the results of the under § 63.8(e) of this part. analyses, and performance test required under § 63.7 (8) As required by § 63.10(e)(3) of this (3) If the owner or operator has been of this part. part, the owner or operator of an granted a waiver under § 63.8(f)(6) of (3) As required by § 63.10(d)(4) of this affected source equipped with a this part, any information demonstrating part, the owner or operator of an continuous emission monitor shall whether a source is meeting the affected source who is required to submit an excess emissions and requirements for a waiver of submit progress reports as a condition of continuous monitoring system recordkeeping or reporting receiving an extension of compliance performance report for any event when requirements. under § 63.6(i) of this part shall submit the continuous monitoring system data (c) In addition to the recordkeeping such reports by the dates specified in indicate the source is not in compliance requirements in paragraph (b) of this the written extension of compliance. with the applicable emission limitation (4) As required by § 63.10(d)(5) of this section, the owner or operator of an or operating parameter limit. affected source equipped with a part, if actions taken by an owner or (9) The owner or operator shall operator during a startup, shutdown, or continuous monitoring system shall submit a summary report semiannually maintain all records required by malfunction of an affected source which contains the information (including actions taken to correct a § 63.10(c) of this part. specified in § 63.10(e)(3)(vi) of this part. (d) In addition to the recordkeeping malfunction) are consistent with the In addition, the summary report shall procedures specified in the source’s requirements in paragraph (b) of this include: section, the owner or operator of an startup, shutdown, and malfunction (i) All exceedences of maximum plan specified in § 63.6(e)(3) of this part, affected source equipped with a bag leak control device inlet gas temperature detection system shall maintain records the owner or operator shall state such limits determined under § 63.1349(d)(4) information in a semiannual report. of any bag leak detection system alarm, of this subpart, including the date and time of the alarm Reports shall only be required if a (ii) All failures to calibrate startup, shutdown, or malfunction and the date and time that corrective thermocouples and other temperature action was initiated, with a brief occurred during the reporting period. sensors as required under The startup, shutdown, and malfunction explanation of the cause of the alarm § 63.1349(d)(5) of this subpart, and and the corrective action taken. report may be submitted simultaneously (iii) All exceedences in carbon with the excess emissions and injection rate as required under § 63.1354 Delegation of authority. continuous monitoring system § 63.1349(e)(2) of this subpart. (a) In delegating implementation and performance reports; and (10) If the total continuous monitoring enforcement authority to a State under (5) Any time an action taken by an system downtime for any CEM or any subpart E of this part, the authorities owner or operator during a startup, continuous monitoring system (CMS) contained in paragraph (b) of this shutdown, or malfunction (including for the reporting period is five percent section shall be retained by the actions taken to correct a malfunction) or greater of the total operating time for Administrator and not transferred to a is not consistent with the procedures in the reporting period, the owner or State. the startup, shutdown, and malfunction operator shall submit an excess (b) Authority which will not be plan, the owner or operator shall make emissions and continuous monitoring delegated to States: § 63.1348(b), an immediate report of the actions taken system performance report along with approval of alternate test methods for for that event within 2 working days, by the summary report. particulate matter determination; telephone call or facsimile (FAX) § 63.1353 Recordkeeping requirements. approval of alternate test methods for transmission. The immediate report opacity; approval of alternate test shall be followed by a letter, certified by (a) The owner or operator shall methods for D/F; § 63.1350, approval of the owner or operator or other maintain files of all information alternate test methods for Hcl. responsible official, explaining the (including all reports and notifications) circumstances of the event, the reasons required by this section recorded in a §§ 63.1355±63.1359 [Reserved] 14218 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

TABLE 1 TO SUBPART LLL.ÐAPPLICABILITY OF GENERAL PROVISIONS

General provisions citation Requirement Applies to subpart LLL Comment

63.1(a)(1)±(4) ...... Applicability ...... Yes 63.1(a)(5) ...... No ...... [Reserved]. 63.1(a)(6)±(a)(8) ...... Applicability ...... Yes 63.1(a)(9) ...... No ...... [Reserved]. 63.1(a)(10)±(14) ...... Applicability ...... Yes 63.1(b)(1) ...... Initial Applicability Determination ...... No ...... § 63.1340 specifies applicability. 63.1(b)(2)±(3) ...... Initial Applicability Determination ...... Yes 63.1(c)(1) ...... Applicability After Standard Estab- Yes lished. 63.1(c)(2) ...... Permit Requirements ...... Yes ...... Area sources must obtain Title V permits. 63.1(c)(3) ...... No ...... [Reserved]. 63.1(c)(4)±(5) ...... Extensions, Notifications ...... Yes 63.1(d) ...... No ...... [Reserved]. 63.1(e) ...... Applicability of Permit Program ...... Yes 63.2 ...... Definitions ...... Yes ...... Additional definitions in § 63.1341. 63.3(a)±(c) ...... Units and Abbreviations ...... Yes 63.4(a)(1)±(a)(3) ...... Prohibited Activities ...... Yes 63.4(a)(4) ...... No ...... [Reserved]. 63.4(a)(5) ...... Compliance date ...... Yes 63.4(b)±(c) ...... Circumvention, Severability ...... Yes 63.5(a)(1)±(2) ...... Construction/Reconstruction ...... Yes 63.5(b)(1) ...... Compliance Dates ...... Yes 63.5(b)(2) ...... No ...... [Reserved]. 63.5(b)(3)±(6) ...... Construction Approval, Applicability Yes 63.5(c) ...... No ...... [Reserved]. 63.5(d)(1)±(4) ...... Approval of Construction/Recon- Yes struction. 63.5(e) ...... Approval of Construction/Recon- Yes struction. 63.5(f)(1)±(2) ...... Approval of Construction/Recon- Yes struction. 63.6(a) ...... Compliance for Standards and Main- Yes tenance. 63.6(b)(1)±(5) ...... Compliance Dates ...... Yes 63.6(b)(6) ...... No ...... [Reserved]. 63.6(b)(7) ...... Compliance Dates ...... Yes 63.6(c)(1)±(2) ...... Compliance Dates ...... Yes 63.6(c)(3)±(c)(4) ...... No ...... [Reserved]. 63.6(c)(5) ...... Compliance Dates ...... Yes 63.6(d) ...... No ...... [Reserved]. 63.6(e)(1)±(e)(2) ...... Operation & Maintenance ...... Yes 63.6(e)(3) ...... Startup, Shutdown Malfunction Plan Yes 63.6(f)(1)±(3) ...... Compliance with Emission Stand- Yes ards. 63.6(g)(1)±(g)(3) ...... Alternative Standard ...... Yes 63.6(h)(1)±(2) ...... Opacity/VE Standards ...... Yes 63.6(h)(3) ...... No ...... Reserved 63.6(h)(4)±(h)(5)(i) ...... Opacity/VE Standards ...... Yes 63.6(h)(5)(ii)±(iv) ...... Opacity/VE Standards ...... No ...... Test duration specified in Subpart LLL 63.6(h)(6) ...... Opacity/VE Standards ...... Yes 63.6(i)(1)±(i)(14) ...... Extension of Compliance ...... Yes 63.6(i)(15) ...... No ...... [Reserved]. 63.6(i)(16) ...... Extension of Compliance ...... Yes 63.6(j) ...... Exemption from Compliance Yes. 63.7(a)(1)±(a)(3) ...... Performance Testing Requirements Yes ...... § 63.1348 has specific requirements. 63.7(b) ...... Notification ...... Yes 63.7(c) ...... Quality Assurance/Test Plan ...... Yes 63.7(d) ...... Testing Facilities ...... Yes 63.7(e)(1)±(4) ...... Conduct of Tests ...... Yes 63.7(f) ...... Alternative Test Method ...... Yes 63.7(g) ...... Data Analysis ...... Yes 63.7(h) ...... Waiver of Tests ...... Yes 63.8(a)(1) ...... Monitoring Requirements ...... Yes 63.8(a)(2) ...... Monitoring ...... No ...... § 63.1349 includes CEM require- ments. 63.8(a)(3) ...... No ...... [Reserved]. 63.8(a)(4) ...... Monitoring ...... No ...... Flares not applicable. 63.8(b)(1)±(3) ...... Conduct of Monitoring ...... Yes 63.8(c)(1)±(8) ...... CMS Operation/ Maintenance ...... Yes 63.8(d) ...... Quality Control ...... Yes Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14219

TABLE 1 TO SUBPART LLL.ÐAPPLICABILITY OF GENERAL PROVISIONSÐContinued

General provisions citation Requirement Applies to subpart LLL Comment

63.8(e) ...... Performance Evaluation for CMS ..... Yes 63.8(f)(1)±(f)(5) ...... Alternative Monitoring Method ...... Yes 63.8(f)(6) ...... Alternative to RATA Test ...... Yes 63.8(g) ...... Data Reduction ...... Yes 63.9(a) ...... Notification Requirements ...... Yes ...... Additional notification requirements in § 363.1351 (c). 63.9(b)(1)±(5) ...... Initial Notifications ...... Yes 63.9(c) ...... Request for Compliance Extension .. Yes 63.9(d) ...... New Source Notification for Special Yes Compliance Requirements. 63.9(e) ...... Notification of Performance Test ...... Yes 63.9(f) ...... Notification of VE/Opacity Test ...... Yes Notification not required for VE/ opacity test under § 63.1349. 63.9(g) ...... Additional CMS Notifications ...... Yes 63.9(h)(1)±(h)(3) ...... Notification of Compliance Status .... Yes 63.9(h)(4) ...... No ...... [Reserved]. 63.9(h)(5)±(h)(6) ...... Notification of Compliance Status .... Yes 63.9(i) ...... Adjustment of Deadlines ...... Yes 63.9(j) ...... Change in Previous Information ...... Yes 63.10(a) ...... Recordkeeping/Reporting ...... Yes 63.10(b) ...... General Requirements ...... Yes 63.10(c)(1) ...... Additional CMS Recordkeeping ...... Yes 63.10(c)(2)±(c)(4) ...... No ...... [Reserved]. 63.10(c)(5)±(c)(8) ...... Additional CMS Recordkeeping ...... Yes 63.10(c)(9) ...... No ...... [Reserved]. 63.10(c)(10)±(15) ...... Additional CMS Recordkeeping ...... Yes 63.10(d)(1) ...... General Reporting Requirements ..... Yes 63.10(d)(2) ...... Performance Test Results ...... Yes 63.10(d)(3) ...... Opacity or VE Observations ...... Yes 63.10(d)(4) ...... Progress Reports ...... Yes 63.10(d)(5) ...... Startup, Shutdown, Malfunction Re- Yes ports. 63.10(e)(1)±(e)(2) ...... Additional CMS Reports ...... Yes 63.10(e)(3) ...... Excess Emissions and CMS Per- Yes ...... Exceedences are defined in formance Reports. § 63.1349. 63.10(f) ...... Waiver for Recordkeeping/Reporting Yes 63.11(a)±(b) ...... Control Device Requirements ...... No ...... Flares not applicable. 63.12(a)±(c) ...... State Authority and Delegations ...... Yes 63.13(a)±(c) ...... State/Regional Addresses ...... Yes 63.14(a)±(b) ...... Incorporation by Reference ...... Yes 63.15(a)±(b) ...... Availability of Information ...... Yes

3. Appendix A of part 63 is amended References to specific sections in the Protocol concentrations in a multi-component vapor by adding, in numerical order, Methods are made throughout this Method. For phase sample, which is contained in a 320, 321, and 322 to read as follows: additional information refer to references 1 closed-path gas cell. Spectra of samples are and 2, and other EPA reports, which describe collected using double beam infrared Appendix A to Part 63-Test Methods the use of FTIR spectrometry in specific field absorption spectroscopy. A computer * * * * * measurement applications and validation program is used to analyze spectra and report tests. The sampling procedure described here compound concentrations. METHOD 320 is extractive. Flue gas is extracted through a 1.2 Method Range and Sensitivity. heated gas transport and handling system. Analytical range and sensitivity depend on Measurement of Vapor Phase Organic and For some sources, sample conditioning the frequency-dependent analyte Inorganic Emissions by Extractive Fourier systems may be applicable. Some examples absorptivity, instrument configuration, data Transform Infrared (FTIR) Spectroscopy are given in this method. (Note: sample collection parameters, and gas stream 1.0 Introduction. conditioning systems may be used providing composition. Instrument factors include: (a) Persons unfamiliar with basic elements of the method validation requirements in spectral resolution, (b) interferometer signal FTIR spectroscopy should not attempt to use Sections 9.2 and 13.0 of this method are met.) averaging time, (c) detector sensitivity and this method. This method describes sampling 1.1 Scope and Applicability. response, and (d) absorption path length. and analytical procedures for extractive 1.1.1 Analytes. Analytes include 1.2.1 For any optical configuration the emission measurements using Fourier hazardous air pollutants (HAPs) for which analytical range is between the absorbance transform infrared (FTIR) spectroscopy. EPA reference spectra have been developed. values of about .01 (infrared transmittance Detailed analytical procedures for Other compounds can also be measured with relative to the background = 0.98) and 1.0 (T interpreting infrared spectra are described in this method if reference spectra are prepared = 0.1). (For absorbance > 1.0 the relation the ‘‘Protocol for the Use of Extractive according to section 4.6 of the protocol. between absorbance and concentration may Fourier Transform Infrared (FTIR) 1.1.2 Applicability. This method applies not be linear.) Spectrometry in Analyses of Gaseous to the analysis of vapor phase organic or 1.2.2 The concentrations associated with Emissions from Stationary Sources,’’ inorganic compounds which absorb energy in this absorbance range depend primarily on hereafter referred to as the ‘‘Protocol.’’ the mid-infrared spectral region, about 400 to the cell path length and the sample Definitions not given in this method are 4000 cm¥1 (25 to 2.5 µm). This method is temperature. An analyte absorbance greater given in appendix A of the Protocol. used to determine compound-specific than 1.0, can be lowered by decreasing the 14220 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules optical path length. Analyte absorbance spectroscopy and quantitative analysis. A 2.3 Reference Spectra Availability. increases with a longer path length. Analyte summary is given in this section. Reference spectra of over 100 HAPs are detection also depends on the presence of 2.1.1 Infrared absorption spectroscopy is available in the EPA FTIR spectral library on other species exhibiting absorbance in the performed by directing an infrared beam the EMTIC (Emission Measurement same analytical region. Additionally, the through a sample to a detector. The Technical Information Center) computer estimated lower absorbance (A) limit (A = frequency-dependent infrared absorbance of bulletin board service and at internet address 0.01) depends on the root mean square the sample is measured by comparing this http://info.arnold.af.mil/epa/welcome.htm. deviation (RMSD) noise in the analytical detector signal (single beam spectrum) to a Reference spectra for HAPs, or other analytes, region. signal obtained without a sample in the beam may also be prepared according to section 4.6 1.2.3 The concentration range of this path (background). of the Protocol. method is determined by the choice of 2.1.2 Most molecules absorb infrared 2.4 Operator Requirements. The FTIR optical configuration. radiation and the absorbance occurs in a analyst shall be trained in setting up the 1.2.3.1 The absorbance for a given characteristic and reproducible pattern. The instrumentation, verifying the instrument is concentration can be decreased by decreasing infrared spectrum measures fundamental functioning properly, and performing routine the path length or by diluting the sample. molecular properties and a compound can be maintenance. The analyst must evaluate the There is no practical upper limit to the identified from its infrared spectrum alone. initial sample spectra to determine if the measurement range. 2.1.3 Within constraints, there is a linear sample matrix is consistent with pre-test 1.2.3.2 The analyte absorbance for a given relationship between infrared absorption and assumptions and if the instrument concentration may be increased by increasing compound concentration. If this frequency configuration is suitable. The analyst must be the cell path length or (to some extent) using dependent relationship (absorptivity) is able to modify the instrument configuration, a higher resolution. Both modifications also known (measured), it can be used to if necessary. cause a corresponding increased absorbance determine compound concentration in a 2.4.1 The spectral analysis shall be for all compounds in the sample, and a sample mixture. supervised by someone familiar with EPA decrease in the signal throughput. For this 2.1.4 Absorptivity is measured by FTIR Protocol procedures. reason the practical lower detection range preparing, in the laboratory, standard 2.4.2 A technician trained in CEM test (quantitation limit) usually depends on samples of compounds at known methods is qualified to install and operate sample characteristics such as moisture concentrations and measuring the FTIR the sampling system. This includes installing content of the gas, the presence of other ‘‘reference spectra’’ of these standard the probe and heated line assembly, interferants, and losses in the sampling samples. These ‘‘reference spectra’’ are then operating the analyte spike system, and system. used in sample analysis: (1) compounds are performing moisture and flow measurements. 1.3 Sensitivity. The limit of sensitivity for detected by matching sample absorbance an optical configuration and integration time bands with bands in reference spectra, and 3.0 Definitions. is determined using appendix D of the (2) concentrations are measured by See appendix A of the Protocol for Protocol: Minimum Analyte Uncertainty, comparing sample band intensities with definitions relating to infrared spectroscopy. (MAU). The MAU depends on the RMSD reference band intensities. Additional definitions are given below. noise in an analytical region, and on the 2.1.5 This method is self-validating 3.1 Analyte. A compound that this absorptivity of the analyte in the same region. provided that the results meet the method is used to measure. The term ‘‘target 1.4 Data Quality. Data quality shall be performance requirement of the QA spike in analyte’’ is also used. This method is multi- determined by executing Protocol pre-test sections 9.0 and 8.6.2 of this method, and component and a number of analytes can be procedures in appendices B to H of the results from a previous method validation targeted for a test. protocol and post-test procedures in study support the use of this method in the 3.2 Reference Spectrum. Infrared appendices I and J of the protocol. application. spectrum of an analyte prepared under 2.2 Sampling and Analysis. In extractive 1.4.1 Measurement objectives shall be controlled, documented, and reproducible sampling a probe assembly and pump are established by the choice of detection limit laboratory conditions according to used to extract gas from the exhaust of the (DLi) and analytical uncertainty (AUi) for procedures in section 4.6 of the Protocol. A affected source and transport the sample to each analyte. library of reference spectra is used to the FTIR gas cell. Typically, the sampling 1.4.2 An instrumental configuration shall measure analytes in gas samples. apparatus is similar to that used for single- be selected. An estimate of gas composition 3.3 Standard Spectrum. A spectrum that component continuous emission monitor shall be made based on previous test data, has been prepared from a reference spectrum (CEM) measurements. data from a similar source or information through a (documented) mathematical 2.2.1 The digitized infrared spectrum of gathered in a pre-test site survey. Spectral operation. A common example is de- the sample in the FTIR gas cell is measured resolving of reference spectra to lower- interferants shall be identified using the and stored on a computer. Absorbance band resolution standard spectra (Protocol, selected DLi and AUi and band areas from intensities in the spectrum are related to appendix K). Standard spectra, prepared by reference spectra and interferant spectra. The sample concentrations by what is commonly approved, and documented, procedures can baseline noise of the system shall be referred to as Beer’s Law. measured in each analytical region to be used as reference spectra for analysis. determine the MAU of the instrument Ai = aibci (Eq. 320–1) 3.4 Concentration. In this method configuration for each analyte and interferant Where: concentration is expressed as a molar (MIUi). Ai = absorbance at a given frequency of the concentration, in ppm-meters, or in (ppm- 1.4.3 Data quality for the application ith sample component. meters)/K, where K is the absolute shall be determined, in part, by measuring ai = absorption coefficient (absorptivity) of temperature (Kelvin). The latter units allow the RMS (root mean square) noise level in the ith sample component. the direct comparison of concentrations from each analytical spectral region (appendix C of b = path length of the cell. systems using different optical configurations the Protocol). The RMS noise is defined as ci = concentration of the ith sample or sampling temperatures. the RMSD of the absorbance values in an component. 3.5 Interferant. A compound in the analytical region from the mean absorbance 2.2.2 Analyte spiking is used for quality sample matrix whose infrared spectrum value in the region. assurance (QA). In this procedure (section overlaps with part of an analyte spectrum. 1.4.4 The MAU is the minimum analyte 8.6.2 of this method) an analyte is spiked into The most accurate analyte measurements are concentration for which the AUi can be the gas stream at the back end of the sample achieved when reference spectra of maintained; if the measured analyte probe. Analyte concentrations in the spiked interferants are used in the quantitative concentration is less than MAUi, then data samples are compared to analyte analysis with the analyte reference spectra. quality are unacceptable. concentrations in unspiked samples. Since The presence of an interferant can increase the concentration of the spike is known, this the analytical uncertainty in the measured 2.0 Summary of Method. procedure can be used to determine if the analyte concentration. 2.1 Principle. References 4 through 7 sampling system is removing the spiked 3.6 Gas Cell. A gas containment cell that provide background material on infrared analyte(s) from the sample stream. can be evacuated. It is equipped with the Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14221 optical components to pass the infrared beam configuration in the sample spectra. This is procedure (section 8.6.2 of this method) to through the sample to the detector. Important estimated by mathematically subtracting represent other compounds. The chemical cell features include: path length (or range if scaled reference spectra of analytes and and physical properties of a surrogate shall variable), temperature range, materials of interferences from sample spectra, then be similar to the compounds it is chosen to construction, and total gas volume. measuring the RMSD in an analytical region represent. Under given sampling conditions, 3.7 Sampling System. Equipment used to of the subtracted spectrum. Since the noise usually a single sampling factor is of primary extract the sample from the test location and in subtracted sample spectra may be much concern for measuring the target analytes: for transport the sample gas to the FTIR greater than in a zero absorbance spectrum, example, the surrogate spike results can be analyzer. This includes sample conditioning the quantitation limit is generally much representative for analytes that are more systems. higher than the sensitivity. Removing reactive, more soluble, have a lower 3.8 Sample Analysis. The process of spectral interferences from the sample or absorptivity, or have a lower vapor pressure interpreting the infrared spectra to obtain improving the spectral subtraction can lower than the surrogate itself. sample analyte concentrations. This process the quantitation limit toward (but not below) is usually automated using a software routine the sensitivity. 4.0 Interferences. employing a classical least squares (cls), 3.22 Independent Sample. A unique Interferences are divided into two partial least squares (pls), or K- or P- matrix volume of sample gas; there is no mixing of classifications: analytical and sampling. method. gas between two consecutive independent 4.1 Analytical Interferences. An 3.9 One hundred percent line. A double samples. In continuous sampling two analytical interference is a spectral feature beam transmittance spectrum obtained by independent samples are separated by at that complicates (in extreme cases may combining two background single beam least 5 cell volumes. The interval between prevent) the analysis of an analyte. spectra. Ideally, this line is equal to 100 independent measurements depends on the Analytical interferences are classified as percent transmittance (or zero absorbance) at cell volume and the sample flow rate background or spectral interference. every frequency in the spectrum. Practically, (through the cell). 4.1.1 Background Interference. This a zero absorbance line is used to measure the 3.23 Measurement. A single spectrum of results from a change in throughput relative baseline noise in the spectrum. flue gas contained in the FTIR cell. to the single beam background. It is corrected 3.10 Background Deviation. A deviation 3.24 Run. A run consists of a series of by collecting a new background and from 100 percent transmittance in any region measurements. At a minimum a run includes proceeding with the test. In severe instances of the 100 percent line. Deviations greater ± 8 independent measurements spaced over 1 the cause must be identified and corrected. than 5 percent in an analytical region are hour. Potential causes include: (1) deposits on unacceptable (absorbance of 0.021 to 3.25 Validation. Validation of FTIR reflective surfaces or transmitting windows, ¥0.022). Such deviations indicate a change measurements is described in sections 13.0 (2) changes in detector sensitivity, (3) a in the instrument throughput relative to the through 13.4 of this method. Validation is change in the infrared source output, or (4) background single beam. used to verify the test procedures for failure in the instrument electronics. In 3.11 Batch Sampling. A procedure where measuring specific analytes at a source. routine sampling throughput may degrade spectra of discreet, static samples are Validation provides proof that the method over several hours. Periodically a new collected. The gas cell is filled with sample and the cell is isolated. The spectrum is works under certain test conditions. background must be collected, but no other collected. Finally, the cell is evacuated to 3.26 Validation Run. A validation run corrective action will be required. prepare for the next sample. consists of at least 24 measurements of 4.1.2 Spectral Interference. This results 3.12 Continuous Sampling. A procedure independent samples. Half of the samples are from the presence of interfering compound(s) where spectra are collected while sample gas spiked and half are not spiked. The length of (interferant) in the sample. Interferant is flowing through the cell at a measured rate. the run is determined by the interval between spectral features overlap analyte spectral 3.13 Sampling resolution. The spectral independent samples. features. Any compound with an infrared resolution used to collect sample spectra. 3.27 Screening. Screening is used when spectrum, including analytes, can potentially 3.14 Truncation. Limiting the number of there is little or no available information be an interferant. The Protocol measures interferogram data points by deleting points about a source. The purpose of screening is absorbance band overlap in each analytical farthest from the center burst (zero path to determine what analytes are emitted and region to determine if potential interferants difference, ZPD). to obtain information about important sample shall be classified as known interferants 3.15 Zero filling. The addition of points characteristics such as moisture, temperature, (FTIR Protocol, section 4.9 and appendix B). to the interferogram. The position of each and interferences. Screening results are semi- Water vapor and CO2 are common spectral added point is interpolated from neighboring quantitative (estimated concentrations) or interferants. Both of these compounds have real data points. Zero filling adds no qualitative (identification only). Various strong infrared spectra and are present in information to the interferogram, but affects optical and sampling configurations may be many sample matrices at high concentrations line shapes in the absorbance spectrum (and used. Sample conditioning systems may be relative to analytes. The extent of possibly analytical results). evaluated for their effectiveness in removing interference depends on the (1) interferant 3.16 Reference CTS. Calibration Transfer interferences. It is unnecessary to perform a concentration, (2) analyte concentration, and Standard spectra that were collected with complete run under any set of sampling (3) the degree of band overlap. Choosing an reference spectra. conditions. Spiking is not necessary, but alternate analytical region can minimize or 3.17 CTS Standard. CTS spectrum spiking can be a useful screening tool for avoid the spectral interference. For example, produced by applying a de-resolution evaluating the sampling system, especially if CO2 interferes with the analysis of the 670 procedure to a reference CTS. a reactive or soluble analyte is used for the cm¥1 benzene band. However, benzene can 3.18 Test CTS. CTS spectra collected at spike. also be measured near 3000 cm¥1 (with less the sampling resolution using the same 3.28 Emissions Test. An FTIR emissions sensitivity). optical configuration as for sample spectra. test is performed according specific sampling 4.2 Sampling System Interferences. These Test spectra help verify the resolution, and analytical procedures. These procedures, prevent analytes from reaching the temperature and path length of the FTIR for the target analytes and the source, are instrument. The analyte spike procedure is system. based on previous screening and validation designed to measure sampling system 3.19 RMSD. Root Mean Square results. Emission results are quantitative. A interference, if any. Difference, defined in EPA FTIR Protocol, QA spike (sections 8.6.2 and 9.2 of this 4.2.1 Temperature. A temperature that is appendix A. method) is performed under each set of too low causes condensation of analytes or 3.20 Sensitivity. The noise-limited sampling conditions using a representative water vapor. The materials of the sampling compound-dependent detection limit for the analyte. Flow, gas temperature and diluent system and the FTIR gas cell usually set the FTIR system configuration. This is estimated data are recorded concurrently with the FTIR upper limit of temperature. by the MAU. It depends on the RMSD in an measurements to provide mass emission rates 4.2.2 Reactive Species. Anything that analytical region of a zero absorbance line. for detected compounds. reacts with analytes. Some analytes, like 3.21 Quantitation Limit. The lower limit 3.29 Surrogate. A surrogate is a formaldehyde, polymerize at lower of detection for the FTIR system compound that is used in a QA spike temperatures. 14222 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

4.2.3 Materials. Poor choice of material and sending sample to the analyzer, and a by- measuring conditioned sample, the other for probe, or sampling line may remove some pass vent. This is typically constructed of measuring unconditioned sample. analytes. For example, HF reacts with glass stainless steel tubing and fittings, and high- 6.17.2 Another option is sample dilution. components. temperature valves. The dilution factor measurement must be 4.2.4 Moisture. In addition to being a 6.5 Stainless Steel Tubing. Type 316, documented and accounted for in the spectral interferant, condensed moisture appropriate diameter (e.g., 3⁄8 in.) and length reported concentrations. An alternative to removes soluble compounds. for heated connections. Higher grade dilution is to lower the sensitivity of the stainless may be desirable in some FTIR system by decreasing the cell path 5.0 Safety. applications. length, or to use a short-path cell in The hazards of performing this method are 6.6 Calibration/Analyte Spike Assembly. conjunction with a long path cell to measure those associated with any stack sampling A three way valve assembly (or equivalent) more than one concentration range. method and the same precautions shall be to introduce analyte or surrogate spikes into 7.0 Reagents and Standards. followed. Many HAPs are suspected the sampling system at the outlet of the probe carcinogens or present other serious health upstream of the out-of-stack particulate filter 7.1 Analyte(s) and Tracer Gas. Obtain a risks. Exposure to these compounds should and the FTIR analytical system. certified gas cylinder mixture containing all ± be avoided in all circumstances. For 6.7 Mass Flow Meter (MFM). These are of the analyte(s) at concentrations within 2 instructions on the safe handling of any used for measuring analyte spike flow. The percent of the emission source levels particular compound, refer to its material MFM shall be calibrated in the range of 0 to (expressed in ppm-meter/K). If practical, the safety data sheet. When using analyte 5 L/min and be accurate to ±2 percent (or analyte standard cylinder shall also contain standards, always ensure that gases are better) of the flow meter span. the tracer gas at a concentration which gives properly vented and that the gas handling 6.8 Gas Regulators. Appropriate for a measurable absorbance at a dilution factor individual gas standards. of at least 10:1. Two ppm SF6 is sufficient for system is leak free. (Always perform a leak ° check with the system under maximum 6.9 Polytetrafluoroethane Tubing. a path length of 22 meters at 250 F. 3 7.2 Calibration Transfer Standard(s). vacuum and, again, with the system at greater Diameter (e.g., ⁄8 in.) and length suitable to than ambient pressure.) Refer to section 8.2 connect cylinder regulators to gas standard Select the calibration transfer standards (CTS) according to section 4.5 of the FTIR of this method for leak check procedures. manifold. Protocol. Obtain a National Institute of This method does not address all of the 6.10 Sample Pump. A leak-free pump Standards and Technology (NIST) traceable potential safety risks associated with its use. (e.g., KNFTM), with by-pass valve, capable of gravimetric standard of the CTS (±2 percent). Anyone performing this method must follow producing a sample flow rate of at least 10 7.3 Reference Spectra. Obtain reference safety and health practices consistent with L/min through 100 ft of sample line. If the spectra for each analyte, interferant, applicable legal requirements and with pump is positioned upstream of the surrogate, CTS, and tracer. If EPA reference prudent practice for each application. distribution manifold and FTIR system, use a heated pump that is constructed from spectra are not available, use reference 6.0 Equipment and Supplies. materials non-reactive to the analytes. If the spectra prepared according to procedures in Note: Mention of trade names or specific pump is located downstream of the FTIR section 4.6 of the EPA FTIR Protocol. products does not constitute endorsement by system, the gas cell sample pressure will be 8.0 Sampling and Analysis Procedure. the Environmental Protection Agency. lower than ambient pressure and it must be Three types of testing can be performed: (1) The equipment and supplies are based on recorded at regular intervals. screening, (2) emissions test, and (3) the schematic of a sampling system shown in 6.11 Gas Sample Manifold. Secondary validation. Each is defined in section 3 of Figure 1. Either the batch or continuous manifold to control sample flow at the inlet this method. Determine the purpose(s) of the sampling procedures may be used with this to the FTIR manifold. This is optional, but FTIR test. Test requirements include: (a) AUI, sampling system. Alternative sampling includes a by-pass vent and heated rotameter. DLI, overall fractional uncertainty, OFUI, configurations may also be used, provided 6.12 Rotameter. A 0 to 20 L/min maximum expected concentration (CMAXI), that the data quality objectives are met as rotameter. This meter need not be calibrated. and tAN for each, (b) potential interferants, (c) determined in the post-analysis evaluation. 6.13 FTIR Analytical System. sampling system factors, e.g., minimum Other equipment or supplies may be Spectrometer and detector, capable of absolute cell pressure, (PMIN), FTIR cell necessary, depending on the design of the measuring the analytes to the chosen volume (VSS), estimated sample absorption sampling system or the specific target detection limit. The system shall include a pathlength, LS’, estimated sample pressure, analytes. personal computer with compatible software PS’, TS’, signal integration time (tSS), 6.1 Sampling Probe. Glass, stainless steel, allowing automated collection of spectra. minimum instrumental linewidth, MIL, or other appropriate material of sufficient 6.14 FTIR Cell Pump. Required for the fractional error, and (d) analytical regions, length and physical integrity to sustain batch sampling technique, capable of e.g., m = 1 to M, lower wavenumber position, heating, prevent adsorption of analytes, and evacuating the FTIR cell volume within 2 FLM, center wavenumber position, FCM, and to transport analytes to the infrared gas cell. minutes. The pumping speed shall allow the upper wavenumber position, FUM, plus Special materials or configurations may be operator to obtain 8 sample spectra in 1 hour. interferants, upper wavenumber position of required in some applications. For instance, 6.15 Absolute Pressure Gauge. Capable of the CTS absorption band, FFUM, lower high stack sample temperatures may require measuring pressure from 0 to 1000 mmHg to wavenumber position of the CTS absorption ± TM special steel or cooling the probe. For very within 2.5 mmHg (e.g., Baratron ). band, FFLM, wavenumber range FNU to FNL. high moisture sources it may be desirable to 6.16 Temperature Gauge. Capable of If necessary, sample and acquire an initial use a dilution probe. measuring the cell temperature to within ± spectrum. From analysis of this preliminary 6.2 Particulate Filters. A glass wool plug 2°C. spectrum determine a suitable operational (optional) inserted at the probe tip (for large 6.17 Sample Conditioning. One option is path length. Set up the sampling train as particulate removal) and a filter (required) a condenser system, which is used for shown in Figure 1 or use an appropriate rated for 99 percent removal efficiency at 1- moisture removal. This can be helpful in the alternative configuration. Sections 8.1 micron (e.g., BalstonTM) connected at the measurement of some analytes. Other sample through 8.11 of this method provide outlet of the heated probe. conditioning procedures may be devised for guidance on pre-test calculations in the EPA 6.3 Sampling Line/Heating System. the removal of moisture or other interfering protocol, sampling and analytical Heated (sufficient to prevent condensation) species. procedures, and post-test protocol stainless steel, polytetrafluoroethane, or other 6.17.1 The analyte spike procedure of calculations. material inert to the analytes. section 9.2 of this method, the QA spike 8.1 Pretest Preparations and Evaluations. 6.4 Gas Distribution Manifold. A heated procedure of section 8.6.2 of this method, Using the procedure in section 4.0 of the manifold allowing the operator to control and the validation procedure of section 13 of FTIR Protocol, determine the optimum flows of gas standards and samples directly this method demonstrate whether the sample sampling system configuration for measuring to the FTIR system or through sample conditioning affects analyte concentrations. the target analytes. Use available information conditioning systems. Usually includes Alternatively, measurements can be made to make reasonable assumptions about heated flow meter, heated valve for selecting with two parallel FTIR systems; one moisture content and other interferences. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14223

8.1.1 Analytes. Select the required 8.2.2 Analytical System Leak check. Leak detector response is known to be zero. Verify detection limit (DLi) and the maximum check the FTIR cell under vacuum and under that the detector response is ‘‘flat’’ and equal permissible analytical uncertainty (AUi) for pressure (greater than ambient). Leak check to zero in these regions. each analyte (labeled from 1 to i). Estimate, connecting tubing and inlet manifold under 8.4 Data Storage Requirements. All field if possible, the maximum expected pressure. test spectra shall be stored on a computer concentration for each analyte, CMAXi. The 8.2.2.1 For the evacuated sample disk and a second backup copy must stored expected measurement range is fixed by DLi technique, close the valve to the FTIR cell, on a separate disk. The stored information and CMAXi for each analyte (i). and evacuate the absorption cell to the includes sample interferograms, processed 8.1.2 Potential Interferants. List the minimum absolute pressure Pmin. Close the absorbance spectra, background potential interferants. This usually includes valve to the pump, and determine the change interferograms, CTS sample interferograms water vapor and CO2, but may also include in pressure ∆Pv after 2 minutes. and CTS absorbance spectra. Additionally, some analytes and other compounds. 8.2.2.2 For both the evacuated sample documentation of all sample conditions, 8.1.3 Optical Configuration. Choose an and purging techniques, pressurize the instrument settings, and test records must be optical configuration that can measure all of system to about 100 mmHg above recorded on hard copy or on computer the analytes within the absorbance range of atmospheric pressure. Isolate the pump and medium. Table 1 to this method gives a .01 to 1.0 (this may require more than one determine the change in pressure ∆Pp after 2 sample presentation of documentation. path length). Use Protocol sections 4.3 to 4.8 minutes. 8.5 Background Spectrum. Evacuate the for guidance in choosing a configuration and 8.2.2.3 Measure the barometric pressure, gas cell to ≤ 5 mmHg, and fill with dry measuring CTS. Pb in mmHg. nitrogen gas to ambient pressure (or purge 8.1.4 Fractional Reproducibility 8.2.2.4 Determine the percent leak the cell with 10 volumes of dry nitrogen). Uncertainty (FRUi). The FRU is determined volume %VL for the signal integration time Verify that no significant amounts of for each analyte by comparing CTS spectra tSS and for ∆Pmax, i.e., the larger of ∆Pv or ∆Pp, absorbing species (for example water vapor taken before and after the reference spectra as follows: and CO2) are present. Collect a background were measured. The EPA para-xylene spectrum, using a signal averaging period ∆ reference spectra were collected on 10/31/91 = Pmax equal to or greater than the averaging period and 11/01/91 with corresponding CTS %(.VL50 t ss Eq 320-2) for the sample spectra. Assign a unique file spectra ‘‘cts1031a,’’ and ‘‘cts1101b.’’ The CTS Pss name to the background spectrum. Store two spectra are used to estimate the Where 50=100% divided by the leak-check copies of the background interferogram and reproducibility (FRU) in the system that was time of 2 minutes. processed single-beam spectrum on separate used to collect the references. The FRU must 8.2.2.5 Leak volumes in excess of 4 computer disks (one copy is the back-up). be < AU. Appendix E of the protocol is used percent of the FTIR system volume VSS are 8.5.1 Interference Spectra. If possible, to calculate the FRU from CTS spectra. unacceptable. collect spectra of known and suspected major ¥ Figure 2 plots results for 0.25 cm 1 CTS 8.3 Detector Linearity. Once an optical interferences using the same optical system spectra in EPA reference library: S3 configuration is chosen, use one of the that will be used in the field measurements. (cts1101b—cts1031a), and S4 [(cts1101b + procedures of sections 8.3.1 through 8.3.3 to This can be done on-site or earlier. A number cts1031a)/2]. The RMSD (SRMS) is calculated verify that the detector response is linear. If of gases, e.g. CO2, SO2, CO, NH3, are readily in the subtracted baseline, S3, in the the detector response is not linear, decrease available from cylinder gas suppliers. corresponding CTS region from 850 to 1065 the aperture, or attenuate the infrared beam. 8.5.2 Water vapor spectra can be prepared cm¥1. The area (BAV) is calculated in the After a change in the instrument by the following procedure. Fill a sample same region of the averaged CTS spectrum, configuration perform a linearity check until tube with distilled water. Evacuate above the S4. it is demonstrated that the detector response sample and remove dissolved gasses by 8.1.5 Known Interferants. Use appendix B is linear. alternately freezing and thawing the water of the EPA FTIR Protocol. 8.3.1 Vary the power incident on the while evacuating. Allow water vapor into the 8.1.6 Calculate the Minimum Analyte detector by modifying the aperture setting. FTIR cell, then dilute to atmospheric Uncertainty, MAU (section 1.3 of this method Measure the background and CTS at three pressure with nitrogen or dry air. If discusses MAU and protocol appendix D instrument aperture settings: (1) at the quantitative water spectra are required, gives the MAU procedure). The MAU for aperture setting to be used in the testing, (2) follow the reference spectrum procedure for each analyte, i, and each analytical region, m, at one half this aperture and (3) at twice the neat samples (protocol, section 4.6). Often, depends on the RMS noise. proposed testing aperture. Compare the three interference spectra need not be quantitative, 8.1.7 Analytical Program. See FTIR CTS spectra. CTS band areas shall agree to but for best results the absorbance must be Protocol, section 4.10. Prepare computer within the uncertainty of the cylinder comparable to the interference absorbance in program based on the chosen analytical standard and the RMSD noise in the system. the sample spectra. technique. Use as input reference spectra of If test aperture is the maximum aperture, 8.6 Pre-Test Calibrations all target analytes and expected interferants. collect CTS spectrum at maximum aperture, 8.6.1 Calibration Transfer Standard. Reference spectra of additional compounds then close the aperture to reduce the IR Evacuate the gas cell to ≤ 5 mmHg absolute shall also be included in the program if their throughput by half. Collect a second pressure, and fill the FTIR cell to presence (even if transient) in the samples is background and CTS at the smaller aperture atmospheric pressure with the CTS gas. considered possible. The program output setting and compare the spectra again. Alternatively, purge the cell with 10 cell shall be in ppm (or ppb) and shall be 8.3.2 Use neutral density filters to volumes of CTS gas. (If purge is used, verify corrected for differences between the attenuate the infrared beam. Set up the FTIR that the CTS concentration in the cell is reference path length, LR, temperature, TR, system as it will be used in the test stable by collecting two spectra 2 minutes and pressure, PR, and the conditions used for measurements. Collect a CTS spectrum. Use apart as the CTS gas continues to flow. If the collecting the sample spectra. If sampling is a neutral density filter to attenuate the absorbance in the second spectrum is no performed at ambient pressure, then any infrared beam (either immediately after the greater than in the first, within the pressure correction is usually small relative source or the interferometer) to uncertainty of the gas standard, then this can to corrections for path length and approximately 1⁄2 its original intensity. be used as the CTS spectrum.) Record the temperature, and may be neglected. Collect a second CTS spectrum. Use another spectrum. 8.2 Leak-check. filter to attenuate the infrared beam to 8.6.2 QA Spike. This procedure assumes 8.2.1 Sampling System. A typical FTIR approximately 1⁄4 its original intensity. that the method has been validated for at extractive sampling train is shown in Figure Collect a third background and CTS least some of the target analytes at the source. 1. Leak check from the probe tip to pump spectrum. Compare the CTS spectra. CTS For emissions testing perform a QA spike. outlet as follows: Connect a 0- to 250-mL/min band areas shall agree to within the Use a certified standard, if possible, of an rate meter (rotameter or bubble meter) to the uncertainty of the cylinder standard and the analyte, which has been validated at the outlet of the pump. Close off the inlet to the RMSD noise in the system. source. One analyte standard can serve as a probe, and record the leak rate. The leak rate 8.3.3 Observe the single beam instrument QA surrogate for other analytes which are shall be ≤ 200 mL/min. response in a frequency region where the less reactive or less soluble than the 14224 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules standard. Perform the spike procedure of the instrumental conditions (path length, end of the sampling train to estimate the section 9.2 of this method. Record spectra of temperature, pressure, resolution, signal required spike/tracer gas flow rate.) Use a at least three independent (section 3.22 of integration time), and the spectral file name. flow device, e.g., mass flow meter (± 2 this method) spiked samples. Calculate the Keep a hard copy of these data sheets. percent), to monitor the spike flow rate. spiked component of the analyte 8.9 Signal Transmittance. While Record the spike flow rate every 10 minutes. concentration. If the average spiked sampling, monitor the signal transmittance. If 9.2.2 Determine the response time (RT) of concentration is within 0.7 to 1.3 times the signal transmittance (relative to the the system by continuously collecting spectra expected concentration, then proceed with background) changes by 5 percent or more of the spiked effluent until the spectrum of the testing. If applicable, apply the correction (absorbance = ¥.02 to .02) in any analytical the spiked component is constant for 5 factor from the Method 301 of this appendix spectral region, obtain a new background minutes. The RT is the interval from the first validation test (not the result from the QA spectrum. measurement until the spike becomes spike). 8.10 Post-test CTS. After the sampling constant. Wait for twice the duration of the 8.7 Sampling. If analyte concentrations run, record another CTS spectrum. RT, then collect spectra of two independent vary rapidly with time, CEM sampling is 8.11 Post-test QA. spiked gas samples. Duplicate analyses of the preferable using the smallest cell volume, 8.11.1 Inspect the sample spectra spiked concentration shall be within 5 fastest sampling rate and fastest spectra immediately after the run to verify that the percent of the mean of the two collection rate possible. CEM sampling gas matrix composition was close to the measurements. requires the least operator intervention even expected (assumed) gas matrix. 9.2.3 Calculate the dilution ratio using without an automated sampling system. For 8.11.2 Verify that the sampling and the tracer gas as follows: continuous monitoring at one location over instrumental parameters were appropriate for long periods, CEM sampling is preferred. the conditions encountered. For example, if SF6()dir Batch sampling and continuous static the moisture is much greater than DF = (Eq . 320-3) sampling are used for screening and anticipated, it may be necessary to use a SF6()spk performing test runs of finite duration. Either shorter path length or dilute the sample. Where: technique is preferred for sampling several 8.11.3 Compare the pre- and post-test locations in a matter of days. Batch sampling CTS spectra. The peak absorbance in pre- and ± gives reasonably good time resolution and post-test CTS must be 5 percent of the mean Spike ensures that each spectrum measures a value. See appendix E of the FTIR Protocol. CS = dir (Eq . 320-4) discreet (and unique) sample volume. 9.0 Quality Control. DF Continuous static (and CEM) sampling DF = Dilution factor of the spike gas; this provide a very stable background over long Use analyte spiking (sections 8.6.2, 9.2 and value shall be ≥10. periods. Like batch sampling, continuous 13.0 of this method) to verify that the SF6(dir) = SF6 (or tracer gas) concentration static sampling also ensures that each sampling system can transport the analytes measured directly in undiluted spike spectrum measures a unique sample volume. from the probe to the FTIR system. gas. It is essential that the leak check procedure 9.1 Spike Materials. Use a certified SF6(spk) = Diluted SF6 (or tracer gas) ± under vacuum (section 8.2 of this method) is standard (accurate to 2 percent) of the concentration measured in a spiked passed if the batch sampling procedure is target analyte, if one can be obtained. If a sample. used. It is essential that the leak check certified standard cannot be obtained, follow Spikedir = Concentration of the analyte in the procedure under positive pressure is passed the procedures in section 4.6.2.2 of the FTIR spike standard measured by filling the if the continuous static or CEM sampling Protocol. FTIR cell directly. procedures are used. The sampling 9.2 Spiking Procedure. QA spiking CS = Expected concentration of the spiked techniques are described in sections 8.7.1 (section 8.6.2 of this method) is a calibration samples. through 8.7.2 of this method. procedure used before testing. QA spiking 8.7.1 Batch Sampling. Evacuate the involves following the spike procedure of 10.0 Calibration and Standardization. absorbance cell to ≤ 5 mmHg absolute sections 9.2.1 through 9.2.3 of this method to 10.1 Signal-to-Noise Ratio (S/N). The pressure. Fill the cell with exhaust gas to obtain at least three spiked samples. The RMSD in the noise must be less than one ambient pressure, isolate the cell, and record analyte concentrations in the spiked samples tenth of the minimum analyte peak the spectrum. Before taking the next sample, shall be compared to the expected spike absorbance in each analytical region. For evacuate the cell until no spectral evidence concentration to verify that the sampling example if the minimum peak absorbance is of sample absorption remains. Repeat this system is working properly. Usually, when 0.01 at the required DL, then RMSD procedure to collect eight spectra of separate QA spiking is used, the method has already measured over the entire analytical region samples in 1 hour. been validated at a similar source for the must be ≤ 0.001. 8.7.2 Continuous Static Sampling. Purge analyte in question. The QA spike 10.2 Absorbance Path length. Verify the the FTIR cell with 10 cell volumes of sample demonstrates that the validated sampling absorbance path length by comparing gas. Isolate the cell, collect the spectrum of conditions are being duplicated. If the QA reference CTS spectra to test CTS spectra. See the static sample and record the pressure. spike fails then the sampling system shall be appendix E of the FTIR Protocol. Before measuring the next sample, purge the repaired before testing proceeds. The method 10.3 Instrument Resolution. Measure the cell with 10 more cell volumes of sample gas. validation procedure (section 13.0 of this line width of appropriate test CTS band(s) to 8.8 Sampling QA and Reporting. method) involves a more extensive use of the verify instrument resolution. Alternatively, 8.8.1 Sample integration times shall be analyte spike procedure of sections 9.2.1 compare CTS spectra to a reference CTS sufficient to achieve the required signal-to- through 9.2.3 of this method. Spectra of at spectrum, if available, measured at the noise ratio. Obtain an absorbance spectrum least 12 independent spiked and 12 nominal resolution. by filling the cell with N2. Measure the independent unspiked samples are recorded. 10.4 Apodization Function. In RMSD in each analytical region in this The concentration results are analyzed transforming the sample interferograms to absorbance spectrum. Verify that the number statistically to determine if there is a absorbance spectra use the same apodization of scans used is sufficient to achieve the systematic bias in the method for measuring function that was used in transforming the target MAU. a particular analyte. If there is a systematic reference spectra. 8.8.2 Assign a unique file name to each bias, within the limits allowed by Method 10.5 FTIR Cell Volume. Evacuate the cell spectrum. 301 of this appendix, then a correction factor to ≤ 5 mmHg. Measure the initial absolute 8.8.3 Store two copies of sample shall be applied to the analytical results. If temperature (Ti) and absolute pressure (Pi). interferograms and processed spectra on the systematic bias is greater than the Connect a wet test meter (or a calibrated dry separate computer disks. allowed limits, this method is not valid and gas meter), and slowly draw room air into the 8.8.4 For each sample spectrum, cannot be used. cell. Measure the meter volume (Vm), meter document the sampling conditions, the 9.2.1 Introduce the spike/tracer gas at a absolute temperature (Tm), and meter sampling time (while the cell was being constant flow rate of ≤ 10 percent of the total absolute pressure (Pm); and the cell final filled), the time the spectrum was recorded, sample flow. (Note: Use the rotameter at the absolute temperature (Tf) and absolute Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14225

pressure (Pf). Calculate the FTIR cell volume self-validating provided that the results meet for stable processes. If process emissions are VSS, including that of the connecting tubing, the performance requirement of the QA spike highly variable, the procedure in section as follows: in sections 9.0 and 8.6.2 of this method and 13.2.3 shall be used. results from a previous method validation 13.2.1 With a single FTIR instrument and Pm study support the use of this method in the sampling system, begin by collecting spectra Vm = Tm application. Several factors can contribute to of two unspiked samples. Introduce the spike Vss (Eq . 320-5)  P P  uncertainty in the measurement of spiked flow into the sampling system and allow 10  f − i  Tf Ti  samples. Factors which can be controlled to cell volumes to purge the sampling system provide better accuracy in the spiking and FTIR cell. Collect spectra of two spiked 11.0 Data Analysis and Calculations. procedure are listed in sections 12.2.1 samples. Turn off the spike and allow 10 cell Analyte concentrations shall be measured through 12.2.4 of this method. volumes of unspiked sample to purge the 12.2.1 Flow meter. An accurate mass flow FTIR cell. Repeat this procedure until the 24 using reference spectra from the EPA FTIR ± spectral library. When EPA library spectra meter is accurate to 1 percent of its span. (or more) samples are collected. are not available, the procedures in section If a flow of 1 L/min is monitored with such 13.2.2 In batch sampling, collect spectra 4.6 of the Protocol shall be followed to a MFM, which is calibrated in the range of of 24 distinct samples. (Each distinct sample 0–5 L/min, the flow measurement has an prepare reference spectra of all the target consists of filling the cell to ambient pressure uncertainty of 5 percent. This may be analytes. 11.1 Spectral De-resolution. after the cell has been evacuated.) improved by re-calibrating the meter at the Reference spectra can be converted to lower 13.2.3 Alternatively, a separate probe specific flow rate to be used. resolution standard spectra (section 3.3 of assembly, line, and sample pump can be 12.2.2 Calibration gas. Usually the this method) by truncating the original used for spiked sample. Verify and document calibration standard is certified to within ± that sampling conditions are the same in both reference sample and background 2 percent. With reactive analytes, such as interferograms. Appendix K of the FTIR the spiked and the unspiked sampling HCl, the certified accuracy in a commercially systems. This can be done by wrapping both Protocol gives specific deresolution available standard may be no better than ± 5 procedures. Deresolved spectra shall be sample lines in the same heated bundle. percent. Keep the same flow rate in both sample lines. transformed using the same apodization 12.2.3 Temperature. Temperature function and level of zero filling as the Measure samples in sequence in pairs. After measurements of the cell shall be quite two spiked samples are measured, evacuate sample spectra. Additionally, pre-test FTIR accurate. If practical, it is preferable to the FTIR cell, and turn the manifold valve so protocol calculations (e.g., FRU, MAU, FCU) measure sample temperature directly, by that spiked sample flows to the FTIR cell. shall be performed using the de-resolved inserting a thermocouple into the cell Allow the connecting line from the manifold standard spectra. chamber instead of monitoring the cell outer to the FTIR cell to purge thoroughly (the time 11.2 Data Analysis. Various analytical wall temperature. depends on the line length and flow rate). programs are available for relating sample 12.2.4 Pressure. Accuracy depends on the Collect a pair of spiked samples. Repeat the absorbance to a concentration standard. accuracy of the barometer, but fluctuations in procedure until at least 24 measurements are Calculated concentrations shall be verified by pressure throughout a day may be as much completed. analyzing residual baselines after as 2.5 percent due to weather variations. 13.3 Simultaneous Measurements With mathematically subtracting scaled reference 13.0 Method Validation Procedure. Two FTIR Systems. If unspiked effluent spectra from the sample spectra. A full concentrations of the target analyte(s) vary description of the data analysis and This validation procedure, which is based significantly with time, it may be desirable to calculations is contained in the FTIR on EPA Method 301 (40 CFR part 63, perform synchronized measurements of Protocol (sections 4.0, 5.0, 6.0 and appendix A), may be used to validate this spiked and unspiked sample. Use two FTIR appendices). Correct the calculated method for the analytes in a gas matrix. systems, each with its own cell and sampling concentrations in the sample spectra for Validation at one source may also apply to system to perform simultaneous spiked and differences in absorption path length and another type of source, if it can be shown that unspiked measurements. The optical temperature between the reference and the exhaust gas characteristics are similar at configurations shall be similar, if possible. sample spectra using equation 6, both sources. The sampling configurations shall be the 13.1 Section 5.3 of Method 301 (40 CFR same. One sampling system and FTIR  L   T  part 63, appendix A), the Analyte Spike analyzer shall be used to measure spiked C =  r   s  C( Eq . 320-6) procedure, is used with these modifications. corr     calc effluent. The other sampling system and Ls Tr The statistical analysis of the results follows FTIR analyzer shall be used to measure section 6.3 of EPA Method 301. Section 3 of Where: unspiked flue gas. Both systems shall use the this method defines terms that are not same sampling procedure (i.e., batch or Ccorr = Concentration, corrected for path defined in Method 301. continuous). length. 13.1.1 The analyte spike is performed 13.3.1 If batch sampling is used, Ccalc = Concentration, initial calculation dynamically. This means the spike flow is synchronize the cell evacuation, cell filling, (output of the analytical program designed continuous and constant as spiked samples and collection of spectra. Fill both cells at the for the compound). are measured. same rate (in cell volumes per unit time). Lr = Reference spectra path length. 13.1.2 The spike gas is introduced at the 13.3.2 If continuous sampling is used, Ls = Sample spectra path length. back of the sample probe. adjust the sample flow through each gas cell Ts = Absolute temperature of the sample gas, 13.1.3 Spiked effluent is carried through so that the same number of cell volumes pass K. all sampling components downstream of the through each cell in a given time (i.e. TC1 = Tr = Absolute gas temperature of reference probe. TC2). spectra, K. 13.1.4 A single FTIR system (or more) 13.4 Statistical Treatment. The statistical may be used to collect and analyze spectra 12.0 Method Performance. procedure of EPA Method 301 of this (not quadruplicate integrated sampling appendix, section 6.3 is used to evaluate the 12.1 Spectral Quality. Refer to the FTIR trains). bias and precision. For FTIR testing a Protocol appendices for analytical 13.1.5 All of the validation measurements validation ‘‘run’’ is defined as spectra of 24 requirements, evaluation of data quality, and are performed sequentially in a single ‘‘run’’ independent samples, 12 of which are spiked analysis of uncertainty. (section 3.26 of this method). with the analyte(s) and 12 of which are not 12.2 Sampling QA/QC. The analyte spike 13.1.6 The measurements analyzed spiked. procedure of section 9 of this method, the QA statistically are each independent (section 13.4.1 Bias. Determine the bias (defined spike of section 8.6.2 of this method, and the 3.22 of this method). by EPA Method 301 of this appendix, section validation procedure of section 13 of this 13.1.7 A validation data set can consist of 6.3.2) using equation 7: method are used to evaluate the performance more than 12 spiked and 12 unspiked B = Sm ¥ Mm ¥ CS (Eq. 320–7) of the sampling system and to quantify measurements. sampling system effects, if any, on the 13.2 Batch Sampling. The procedure in Where: measured concentrations. This method is sections 13.2.1 through 13.2.2 may be used B = Bias at spike level. 14226 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

Sm = Mean concentration of the analyte volumetric flow and its composition is Protection Agency, Research Triangle Park, spiked samples. identical to that emitted from the source. NC. Publication No.: EPA–454/R95–004, Mm = Mean concentration of the unspiked When analyte spiking is used, spiked NTIS No.: PB95–193199. July, 1993. samples. pollutants are vented with the extracted 3. ‘‘Method 301—Field Validation of × 4 CS = Expected concentration of the spiked sample gas. Approximately 1.6 10¥ to 3.2 Pollutant Measurement Methods from samples. × ¥4 10 lbs of a single HAP may be vented Various Waste Media,’’ 40 CFR part 63, to the atmosphere in a typical validation run 13.4.2 Correction Factor. Use section appendix A. of 3 hours. (This assumes a molar mass of 50 6.3.2.2 of Method 301 of this appendix to 4. ‘‘Molecular Vibrations; The Theory of evaluate the statistical significance of the to 100 g, spike rate of 1.0 L/min, and a Infrared and Raman Vibrational Spectra,’’ E. bias. If it is determined that the bias is standard concentration of 100 ppm). significant, then use section 6.3.3 of Method Minimize emissions by keeping the spike Bright Wilson, J.C. Decius, and P.C. Cross, 301 to calculate a correction factor (CF). flow off when not in use. Dover Publications, Inc., 1980. For a less Analytical results of the test method are 15.0 Waste Management. intensive treatment of molecular rotational- multiplied by the correction factor, if 0.7 ≤ Small volumes of laboratory gas standards vibrational spectra see, for example, CF ≤ 1.3. If it is determined that the bias is can be vented through a laboratory hood. ‘‘Physical Chemistry,’’ G.M. Barrow, chapters significant and CF > ± 30 percent, then the Neat samples must be packed and disposed 12, 13, and 14, McGraw Hill, Inc., 1979. test method is considered to be ‘‘not valid.’’ according to applicable regulations. Surplus 5. ‘‘Fourier Transform Infrared 13.4.3 If measurements do not pass materials may be returned to supplier for Spectrometry,’’ Peter R. Griffiths and James validation, evaluate the sampling system, disposal. de Haseth, Chemical Analysis, 83, 16–25, instrument configuration, and analytical 16.0 References. (1986), P.J. Elving, J.D. Winefordner and I.M. 1. ‘‘Field Validation Test Using Fourier system to determine if improper set-up or a Kolthoff (ed.), John Wiley and Sons. Transform Infrared (FTIR) Spectrometry To malfunction was the cause. If so, repair the 6. ‘‘Computer-Assisted Quantitative system and repeat the validation. Measure Formaldehyde, Phenol and Methanol at a Wool Fiberglass Production Infrared Spectroscopy,’’ Gregory L. McClure 14.0 Pollution Prevention. Facility.’’ Draft. U.S. Environmental (ed.), ASTM Special Publication 934 (ASTM), The extracted sample gas is vented outside Protection Agency Report, EPA Contract No. 1987. the enclosure containing the FTIR system 68D20163, Work Assignment I–32, 7. ‘‘Multivariate Least-Squares Methods and gas manifold after the analysis. In typical September 1994. Applied to the Quantitative Spectral Analysis method applications the vented sample 2. ‘‘FTIR Method Validation at a Coal-Fired of Multicomponent Mixtures,’’ Applied volume is a small fraction of the source Boiler’’. Prepared for U.S. Environmental Spectroscopy, 39(10), 73–84, 1985.

TABLE 1.ÐEXAMPLE PRESENTATION OF SAMPLING DOCUMENTATION

Sample time Spectrum file name Background file name Sample conditioning Process condition

Sample time Spectrum file Interferogram Resolution Scans Apodization Gain CTS spectrum

BILLING CODE 6560±50±P Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14227 14228 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

BILLING CODE 6560±50±C Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14229

Addendum to Method 320—Protocol for the least squares, inverse least squares, cross- used in spectral analysis, identification of Use of Extractive Fourier Transform correlation, factor analysis, and partial least interferants (a standard initial step) and Infrared (FTIR) Spectrometry for the squares. Reference A describes several of analysis of samples (includes effect of other Analyses of Gaseous Emissions From these techniques, as well as additional analytical errors) are necessary. Thus, the Stationary Sources techniques, such as differentiation methods, Protocol requires post-analysis calculation of linear baseline corrections, and non-linear measurement concentration uncertainties for 1.0 Introduction absorbance corrections. the detection of these potential sources of The purpose of this addendum is to set measurement error. general guidelines for the use of modern 3.0 General Principles of Protocol FTIR spectroscopic methods for the analysis Requirements 4.0 Pre-Test Preparations and Evaluations of gas samples extracted from the effluent of The characteristics that distinguish FTIR Before testing, demonstrate the suitability stationary emission sources. This addendum systems from gas analyzers used in of FTIR spectrometry for the desired outlines techniques for developing and instrumental gas analysis methods (e.g., application according to the procedures of evaluating such methods and sets basic Methods 6C and 7E of appendix A to part 60 this section. requirements for reporting and quality of this chapter) are: (1) Computers are 4.1 Identify Test Requirements. Identify assurance procedures. necessary to obtain and analyze data; (2) and record the test requirements described in 1.1 Nomenclature chemical concentrations can be quantified sections 4.1.1 through 4.1.4 of this using previously recorded infrared reference addendum. These values set the desired or 1.1.1 Attachment A to this addendum spectra; and (3) analytical assumptions and required goals of the proposed analysis; the lists definitions of the symbols and terms results, including possible effects of description of methods for determining used in this Protocol, many of which have interfering compounds, can be evaluated whether these goals are actually met during been taken directly from American Society after the quantitative analysis. The following the analysis comprises the majority of this for Testing and Materials (ASTM) publication general principles and requirements of this Protocol. E 131–90a, entitled ‘‘Terminology Relating to Protocol are based on these characteristics. 4.1.1 Analytes (specific chemical species) Molecular Spectroscopy.’’ 3.1 Verifiability and Reproducibility of of interest. Label the analytes from i = 1 to 1.1.2 Except in the case of background Results. Store all data and document data I. spectra or where otherwise noted, the term analysis techniques sufficient to allow an 4.1.2 Analytical uncertainty limit (AUi). ‘‘spectrum’’ refers to a double-beam spectrum independent agent to reproduce the The AUi is the maximum permissible in units of absorbance vs. wavenumber analytical results from the raw fractional uncertainty of analysis for the ith ¥1 (cm ). interferometric data. analyte concentration, expressed as a fraction 1.1.3 The term ‘‘Study’’ in this addendum 3.2 Transfer of Reference Spectra. To of the analyte concentration in the sample. refers to a publication that has been subjected determine whether reference spectra 4.1.3 Required detection limit for each to EPA- or peer-review. recorded under one set of conditions (e.g., analyte (DLi, ppm). The detection limit is the 2.0 Applicability and Analytical Principle optical bench, instrumental linewidth, lowest concentration of an analyte for which absorption pathlength, detector performance, its overall fractional uncertainty (OFUi) is 2.1 Applicability. This Protocol applies to the determination of compound-specific pressure, and temperature) can be used to required to be less than its analytical concentrations in single- and multiple- analyze sample spectra taken under a uncertainty limit (AUi). component gas phase samples using double- different set of conditions, quantitatively 4.1.4 Maximum expected concentration beam absorption spectroscopy in the mid- compare ‘‘calibration transfer standards’’ of each analyte (CMAXi, ppm). infrared band. It does not specifically address (CTS) and reference spectra as described in 4.2 Identify Potential Interferants. other FTIR applications, such as single-beam this Protocol. (Note: The CTS may, but need Considering the chemistry of the process or spectroscopy, analysis of open-path (non- not, include analytes of interest). To effect results of previous studies, identify potential enclosed) samples, and continuous this, record the absorption spectra of the CTS interferants, i.e., the major effluent measurement techniques. If multiple (a) immediately before and immediately after constituents and any relatively minor spectrometers, absorption cells, or recording reference spectra and (b) effluent constituents that possess either instrumental linewidths are used in such immediately after recording sample spectra. strong absorption characteristics or strong analyses, each distinct operational 3.3 Evaluation of FTIR Analyses. The structural similarities to any analyte of configuration of the system must be applicability, accuracy, and precision of FTIR interest. Label them 1 through Nj, where the evaluated separately according to this measurements are influenced by a number of subscript ‘‘j’’ pertains to potential Protocol. interrelated factors, which may be divided interferants. Estimate the concentrations of 2.2 Analytical Principle. into two classes: these compounds in the effluent (CPOTj, 2.2.1 In the mid-infrared band, most 3.3.1 Sample-Independent Factors. ppm). molecules exhibit characteristic gas phase Examples are system configuration and 4.3 Select and Evaluate the Sampling absorption spectra that may be recorded by performance (e.g., detector sensitivity and System. Considering the source, e.g., FTIR systems. Such systems consist of a infrared source output), quality and temperature and pressure profiles, moisture source of mid-infrared radiation, an applicability of reference absorption spectra, content, analyte characteristics, and interferometer, an enclosed sample cell of and type of mathematical analyses of the particulate concentration, select the known absorption pathlength, an infrared spectra. These factors define the fundamental equipment for extracting gas samples. detector, optical elements for the transfer of limitations of FTIR measurements for a given Recommended are a particulate filter, heating infrared radiation between components, and system configuration. These limitations may system to maintain sample temperature gas flow control and measurement be estimated from evaluations of the system above the dew point for all sample components. Adjunct and integral computer before samples are available. constituents at all points within the sampling systems are used for controlling the For example, the detection limit for the system (including the filter), and sample instrument, processing the signal, and for absorbing compound under a given set of conditioning system (e.g., coolers, water- performing both Fourier transforms and conditions may be estimated from the system permeable membranes that remove water or quantitative analyses of spectral data. noise level and the strength of a particular other compounds from the sample, and 2.2.2 The absorption spectra of pure gases absorption band. Similarly, the accuracy of dilution devices) to remove spectral and of mixtures of gases are described by a measurements may be estimated from the interferants or to protect the sampling and linear absorbance theory referred to as Beer’s analysis of the reference spectra. analytical components. Determine the Law. Using this law, modern FTIR systems 3.3.2 Sample-Dependent Factors. minimum absolute sample system pressure use computerized analytical programs to Examples are spectral interferants (e.g., water (Pmin, mmHg) and the infrared absorption cell quantify compounds by comparing the vapor and CO2) or the overlap of spectral volume (VSS, liter). Select the techniques absorption spectra of known (reference) gas features of different compounds and and/or equipment for the measurement of samples to the absorption spectrum of the contamination deposits on reflective surfaces sample pressures and temperatures. sample gas. Some standard mathematical or transmitting windows. To maximize the 4.4 Select Spectroscopic System. Select a techniques used for comparisons are classical effectiveness of the mathematical techniques spectroscopic configuration for the 14230 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules application. Approximate the absorption manufacturer, chemical company, or addendum is larger for any compound than pathlength (LS’, meter), sample pressure (PS’, commercial laboratory. These standards the corresponding AUi, the dilution kPa), absolute sample temperature TS’, and (accurate to within ± 2 percent) shall be technique is not sufficiently accurate and the signal integration period (tSS, seconds) for the prepared according to EPA Traceability reference spectra prepared are not valid for analysis. Specify the nominal minimum Protocol (see Reference D) or shall be the analysis. instrumental linewidth (MIL) of the system. traceable to NIST standards. Obtain from the 4.7 Select Analytical Regions. Using the Verify that the fractional error at the supplier an estimate of the stability of the general considerations in section 7 of approximate values PS’ and TS’ is less than analyte concentration. Obtain and follow all Reference A and the spectral characteristics one half the smallest value AUi (see section of the supplier’s recommendations for of the analytes and interferants, select the 4.1.2 of this addendum). recertifying the analyte concentration. analytical regions for the application. Label 4.5 Select Calibration Transfer Standards 4.6.2.2 Self-Prepared Chemical them m = 1 to M. Specify the lower, center (CTS’s). Select CTS’s that meet the criteria Standards. Chemical standards may be and upper wavenumber positions of each listed in sections 4.5.1, 4.5.2, and 4.5.3 of this prepared by diluting certified commercially analytical region (FLm, FCm, and FUm, addendum. (Note: It may be necessary to prepared chemical gases or pure analytes respectively). Specify the analytes and choose preliminary analytical regions (see with ultra-pure carrier (UPC) grade nitrogen interferants which exhibit absorption in each section 4.7 of this addendum), identify the according to the barometric and volumetric region. minimum analyte linewidths, or estimate the techniques generally described in Reference 4.8 Determine Fractional Reproducibility system noise level (see section 4.12 of this A, section A4.6. Uncertainties. Using attachement E of this addendum) before selecting the CTS. More 4.6.3 Record a set of the absorption addendum, calculate the fractional than one compound may be needed to meet spectra of the CTS {R1}, then a set of the reproducibility uncertainty for each analyte the criteria; if so, obtain separate cylinders reference spectra at two or more (FRUi) from a comparison of {R1} and {R2}. for each compound.) concentrations in duplicate over the desired If FRUi > AUi for any analyte, the reference 4.5.1 The central wavenumber position of range (the top of the range must be less than spectra generated in accordance with section each analytical region shall lie within 25 10 times that of the bottom), followed by a 4.6 of this addendum are not valid for the percent of the wavenumber position of at second set of CTS spectra {R2}. (If self- application. least one CTS absorption band. prepared standards are used, see section 4.6.5 4.9 Identify Known Interferants. Using 4.5.2 The absorption bands in section of this addendum before disposing of any of attachment B of this addendum, determine 4.5.1 of this addendum shall exhibit peak the standards.) The maximum accepted which potential interferants affect the analyte absorbances greater than ten times the value standard concentration-pathlength product concentration determinations. Relabel these RMSEST (see section 4.12 of this addendum) (ASCPP) for each compound shall be higher potential interferant as ‘‘known’’ interferants, but less than 1.5 absorbance units. than the maximum estimated concentration- and designate these compounds from k = 1 4.5.3 At least one absorption CTS band pathlength products for both analytes and to K. Attachment B to this addendum also within the operating range of the FTIR known interferants in the effluent gas. For provides criteria for determining whether the instrument shall have an instrument- each analyte, the minimum ASCPP shall be selected analytical regions are suitable. independent linewidth no greater than the no greater than ten times the concentration- 4.10 Prepare Computerized Analytical narrowest analyte absorption band. Perform pathlength product of that analyte at its Programs. and document measurements or cite Studies required detection limit. 4.10.1 Choose or devise mathematical to determine analyte and CTS compound 4.6.4 Permanently store the background techniques (e.g, classical least squares, linewidths. and interferograms in digitized form. inverse least squares, cross-correlation, and 4.5.4 For each analytical region, specify Document details of the mathematical factor analysis) based on equation 4 of the upper and lower wavenumber positions process for generating the spectra from these Reference A that are appropriate for (FFUm and FFLm, respectively) that bracket interferograms. Record the sample pressure analyzing spectral data by comparison with the CTS absorption band or bands for the (PR), sample temperature (TR), reference reference spectra. associated analytical region. Specify the absorption pathlength (LR), and interferogram 4.10.2 Following the general wavenumber range, FNU to FNL, containing signal integration period (tSR). Signal recommendations of Reference A, prepare a the absorption band that meets the criterion integration periods for the background computer program or set of programs that of section 4.5.3 of this addendum. interferograms shall be ≥tSR. Values of PR, LR, analyzes all of the analytes and known 4.5.5 Associate, whenever possible, a and tSR shall not deviate by more than ±1 interferants, based on the selected analytical single set of CTS gas cylinders with a set of percent from the time of recording {R1} to regions (section 4.7 of this addendum) and reference spectra. that of recording {R2}. the prepared reference spectra (section 4.6 of Replacement CTS gas cylinders shall 4.6.5 If self-prepared chemical standards this addendum). Specify the baseline contain the same compounds at are employed and spectra of only two correction technique (e.g., determining the concentrations within 5 percent of that of the concentrations are recorded for one or more slope and intercept of a linear baseline original CTS cylinders; the entire absorption compounds, verify the accuracy of the contribution in each analytical region) for spectra (not individual spectral segments) of dilution technique by analyzing the prepared each analytical region, including all relevant the replacement gas shall be scaled by a standards for those compounds with a wavenumber positions. factor between 0.95 and 1.05 to match the secondary (non-FTIR) technique in 4.10.3 Use programs that provide as original CTS spectra. accordance with sections 4.6.5.1 through output [at the reference absorption 4.6 Prepare Reference Spectra. (Note: 4.6.5.4 of this addendum. pathlength (LR), reference gas temperature Reference spectra are available in a 4.6.5.1 Record the response of the (TR), and reference gas pressure (PR)] the permanent soft copy from the EPA spectral secondary technique to each of the four analyte concentrations, the known interferant library on the EMTIC (Emission standards prepared. concentrations, and the baseline slope and Measurement Technical Information Center) 4.6.5.2 Perform a linear regression of the intercept values. If the sample absorption computer bulletin board; they may be used response values (dependant variable) versus pathlength (LS), sample gas temperature (TS), if applicable.) the accepted standard concentration (ASC) or sample gas pressure (PS) during the actual 4.6.1 Select the reference absorption values (independent variable), with the sample analyses differ from LR, TR, and PR, pathlength (LR) of the cell. regression constrained to pass through the use a program or set of programs that applies 4.6.2 Obtain or prepare a set of chemical zero-response, zero ASC point. multiplicative corrections to the derived standards for each analyte, potential and 4.6.5.3 Calculate the average fractional concentrations to account for these known spectral interferants, and CTS. Select difference between the actual response variations, and that provides as output both the concentrations of the chemical standards values and the regression-predicted values the corrected and uncorrected values. to correspond to the top of the desired range. (those calculated from the regression line Include in the report of the analysis (see 4.6.2.1 Commercially-Prepared Chemical using the four ASC values as the independent section 7.0 of this addendum) the details of Standards. Chemical standards for many variable). any transformations applied to the original compounds may be obtained from 4.6.5.4 If the average fractional difference reference spectra (e.g., differentiation), in independent sources, such as a specialty gas value calculated in section 4.6.5.3 of this such a fashion that all analytical results may Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14231 be verified by an independent agent from the may be recorded according to the procedures sections 5.1 through 5.6 of this addendum reference spectra and data spectra alone. of section 5.4 of this addendum before using the procedures of sections 6.1 through 4.11 Determine the Fractional Calibration performing sections 5.5 and 5.6 of this 6.3 of this addendum. Uncertainty. Calculate the fractional addendum.) 6.1 Qualitatively Confirm the Assumed calibration uncertainty for each analyte 5.5 Quantify Analyte Concentrations. Matrix. Examine each analytical region of the (FCUi) according to attachment F of this Calculate the unscaled analyte sample spectrum for spectral evidence of addendum, and compare these values to the concentrations RUAi and unscaled interferant unexpected or unidentified interferants. If fractional uncertainty limits (AUi; see section concentrations RUIK using the programs found, identify the interfering compounds 4.1.2 of this addendum). If FCUi > AUi, either developed in section 4 of this addendum. To (see Reference C for guidance) and add them the reference spectra or analytical programs correct for pathlength and pressure variations to the list of known interferants. Repeat the for that analyte are unsuitable. between the reference and sample spectra, procedures of section 4 of this addendum to 4.12 Verify System Configuration calculate the scaling factor, RLPS using include the interferants in the uncertainty Suitability. Using attachment C of this equation A.1, calculations and analysis procedures. Verify addendum, measure or obtain estimates of that the MAU and FCU values do not RLPS = (LRPRTS)/(LSPSTR) ((Eq. 320–A.1) the noise level (RMSEST, absorbance) of the increase beyond acceptable levels for the FTIR system. Alternatively, construct the Calculate the final analyte and interferant application requirements. Re-calculate the complete spectrometer system and determine concentrations RSAi and RSIk using analyte concentrations (section 5.5 of this equations A.2 and A.3, the values RMSSm using attachment G of this addendum) in the affected analytical regions. addendum. Estimate the minimum RSAi = RLPSRUAi (Eq. 320–A.2) 6.2 Quantitatively Evaluate Fractional measurement uncertainty for each analyte RSIk = RLPSRUIk (Eq. 320–A.3) Model Uncertainty (FMU). Perform the (MAUi, ppm) and known interferant (MIUk, 5.6 Determine Fractional Analysis procedures of either section 6.2.1 or 6.2.2 of ppm) using attachment D of this addendum. Uncertainty. Fill the absorption cell with this addendum: Verify that (a) MAUi < (AUi) (DLi), FRUi < CTS at the pressure PS. Record a set of CTS 6.2.1 Using appendix I of this addendum, AUi, and FCUi < AUi for each analyte and spectra {R4}. Store the background and CTS determine the fractional model error (FMU) that (b) the CTS chosen meets the single beam interferograms. Using appendix for each analyte. requirements listed in sections 4.5.1 through H of this addendum, calculate the fractional 6.2.2 Provide statistically determined 4.5.5 of this addendum. analysis uncertainty (FAU) for each uncertainties FMU for each analyte which are analytical region. If the FAU indicated for equivalent to two standard deviations at the 5.0 Sampling and Analysis Procedure any analytical region is greater than the 95 percent confidence level. Such 5.1 Analysis System Assembly and Leak- required accuracy requirements determined determinations, if employed, must be based Test. Assemble the analysis system. Allow in sections 4.1.1 through 4.1.4 of this on mathematical examinations of the sufficient time for all system components to addendum, then comparisons to previously pertinent sample spectra (not the reference reach the desired temperature. Then, recorded reference spectra are invalid in that spectra alone). Include in the report of the determine the leak-rate (LR) and leak volume analytical region, and the analyst shall analysis (see section 7.0 of this addendum) a complete description of the determination (VL), where VL = LR tSS. Leak volumes shall perform one or both of the procedures of of the concentration uncertainties. be ≤4 percent of VSS. sections 5.6.1 through 5.6.2 of this 5.2 Verify Instrumental Performance. addendum. 6.3 Estimate Overall Concentration Measure the noise level of the system in each 5.6.1 Perform instrumental checks and Uncertainty (OCU). Using appendix J of this analytical region using the procedure of adjust the instrument to restore its addendum, determine the overall attachment G of this addendum. If any noise performance to acceptable levels. If concentration uncertainty (OCU) for each level is higher than that estimated for the adjustments are made, repeat sections 5.3, 5.4 analyte. If the OCU is larger than the required system in section 4.12 of this addendum, (except for the recording of a sample accuracy for any analyte, repeat sections 4 and 6 of this addendum. repeat the calculations of attachment D of spectrum), and 5.5 of this addendum to this addendum and verify that the demonstrate that acceptable uncertainties are 7.0 Reporting Requirements requirements of section 4.12 of this obtained in all analytical regions. [Documentation pertaining to virtually all the addendum are met; if they are not, adjust or 5.6.2 Apply appropriate mathematical procedures of sections 4, 5, and 6 will be repair the instrument and repeat this section. transformations (e.g., frequency shifting, required. Software copies of reference spectra 5.3 Determine the Sample Absorption zero-filling, apodization, smoothing) to the and sample spectra will be retained for some Pathlength. Record a background spectrum. spectra (or to the interferograms upon which minimum time following the actual testing.] Then, fill the absorption cell with CTS at the the spectra are based) generated during the pressure PR and record a set of CTS spectra performance of the procedures of section 5.3 8.0 References { } R3 . Store the background and unscaled of this addendum. Document these (A) Standard Practices for General CTS single beam interferograms and spectra. transformations and their reproducibility. Do Techniques of Infrared Quantitative Analysis Using attachment H of this addendum, not apply multiplicative scaling of the (American Society for Testing and Materials, calculate the sample absorption pathlength spectra, or any set of transformations that is Designation E 168–88). (LS) for each analytical region. The values LS mathematically equivalent to multiplicative (B) The Coblentz Society Specifications for shall not differ from the approximated scaling. Different transformations may be Evaluation of Research Quality Analytical sample pathlength LS’ (see section 4.4 of this applied to different analytical regions. Infrared Reference Spectra (Class II); Anal. addendum) by more than 5 percent. Frequency shifts shall be less than one-half Chemistry 47, 945A (1975); Appl. 5.4 Record Sample Spectrum. Connect the minimum instrumental linewidth, and Spectroscopy 444, pp. 211–215, 1990. the sample line to the source. Either evacuate must be applied to all spectral data points in (C) Standard Practices for General the absorption cell to an absolute pressure an analytical region. The mathematical Techniques for Qualitative Infrared Analysis, below 5 mmHg before extracting a sample transformations may be retained for the American Society for Testing and Materials, from the effluent stream into the absorption analysis if they are also applied to the Designation E 1252–88. cell, or pump at least ten cell volumes of appropriate analytical regions of all sample (D) ‘‘EPA Traceability Protocol for Assay sample through the cell before obtaining a spectra recorded, and if all original sample and Certification of Gaseous Calibration sample. Record the sample pressure PS. spectra are digitally stored. Repeat sections Standards,’’ U.S. Environmental Protection Generate the absorbance spectrum of the 5.3, 5.4 (except the recording of a sample Agency Publication No. EPA/600/R–93/224, sample. Store the background and sample spectrum), and 5.5 of this addendum to December 1993. single beam interferograms, and document demonstrate that these transformations lead the process by which the absorbance spectra to acceptable calculated concentration Attachment A to Addendum to Method are generated from these data. (If necessary, uncertainties in all analytical regions. 320—Definitions of Terms and Symbols apply the spectral transformations developed A.1 Definitions of Terms. All terms used in section 5.6.2 of this addendum). The 6.0 Post-Analysis Evaluations in this method that are not defined below resulting sample spectrum is referred to Estimate the overall accuracy of the have the meaning given to them in the CAA below as SS. (Note: Multiple sample spectra analyses performed in accordance with and in subpart A of this part. 14232 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

Absorption band means a contiguous Flyback means interferometer motion Standard reference material means a wavenumber region of a spectrum during which no data are recorded. reference material, the composition or (equivalently, a contiguous set of absorbance Fourier transform (FT) means the properties of which are certified by a spectrum data points) in which the mathematical process for converting an recognized standardizing agency or group. absorbance passes through a maximum or a amplitude-time spectrum to an amplitude- (Note: The equivalent ISO term is ‘‘certified series of maxima. frequency spectrum, or vice versa. reference material.’’) Absorption pathlength means the distance Fourier transform infrared (FTIR) Transmittance, T means the ratio of radiant in a spectrophotometer, measured in the spectrometer means an analytical system that power transmitted by the sample to the direction of propagation of the beam of employs a source of mid-infrared radiation, radiant power incident on the sample. radiant energy, between the surface of the an interferometer, an enclosed sample cell of Estimated in FTIR spectroscopy by forming specimen on which the radiant energy is known absorption pathlength, an infrared the ratio of the single-beam sample and incident and the surface of the specimen detector, optical elements that transfer background spectra. from which it is emergent. infrared radiation between components, and Wavenumber, v means the number of Analytical region means a contiguous a computer system. The time-domain waves per unit length. (Note: The usual unit wavenumber region (equivalently, a detector response (interferogram) is of wavenumber is the reciprocal centimeter, contiguous set of absorbance spectrum data processed by a Fourier transform to yield a cm¥1. The wavenumber is the reciprocal of points) used in the quantitative analysis for representation of the detector response vs. the wavelength, λ, when λ is expressed in one or more analytes. (Note: The quantitative infrared frequency. (Note: When FTIR centimeters.) Zero-filling means the addition result for a single analyte may be based on spectrometers are interfaced with other of zero-valued points to the end of a data from more than one analytical region.) instruments, a slash should be used to denote measured interferogram. (Note: Performing Apodization means modification of the ILS the interface; e.g., GC/FTIR; HPCL/FTIR, and the FT of a zero-filled interferogram results function by multiplying the interferogram by the use of FTIR should be explicit; i.e., FTIR in correctly interpolated points in the a weighing function whose magnitude varies not IR.) computed spectrum.) with retardation. Frequency, v means the number of cycles A.2 Definitions of Mathematical Symbols. Background spectrum means the single per unit time. The symbols used in equations in this beam spectrum obtained with all system Infrared means the portion of the subpart are defined as follows: components without sample present. electromagnetic spectrum containing (1) A, absorbance = the logarithm to the Baseline means any line drawn on an wavelengths from approximately 0.78 to 800 base 10 of the reciprocal of the transmittance absorption spectrum to establish a reference microns. (T). point that represents a function of the radiant Interferogram, I(σ) means record of the power incident on a sample at a given modulated component of the interference   = 1 = − wavelength. signal measured as a function of retardation A log10  log 10T Beers’s law means the direct by the detector. T th proportionality of the absorbance of a Interferometer means device that divides a (2) AAIim = band area of the i analyte in compound in a homogeneous sample to its beam of radiant energy into two or more the mth analytical region, at the concentration concentration. paths, generates an optical path difference (CLi) corresponding to the product of its Calibration transfer standard (CTS) gas between the beams, and recombines them in required detection limit (DLi) and analytical means a gas standard of a compound used to order to produce repetitive interference uncertainty limit (AUi) . th achieve and/or demonstrate suitable maxima and minima as the optical (3) AAVim = average absorbance of the i quantitative agreement between sample retardation is varied. analyte in the mth analytical region, at the spectra and the reference spectra; see section Linewidth means the full width at half concentration (CLi) corresponding to the 4.5.1 of this addendum. maximum of an absorption band in units of product of its required detection limit (DLi) ¥1 Compound means a substance possessing a wavenumbers (cm ). and analytical uncertainty limit (AUi) . distinct, unique molecular structure. Mid-infrared means the region of the (4) ASC, accepted standard concentration = Concentration (c) means the quantity of a electromagnetic spectrum from the concentration value assigned to a compound contained in a unit quantity of approximately 400 to 5000 cm¥1. chemical standard. sample. The unit ‘‘ppm’’ (number, or mole, Reference spectra means absorption (5) ASCPP, accepted standard basis) is recommended. spectra of gases with known chemical concentration-pathlength product = for a Concentration-pathlength product means compositions, recorded at a known chemical standard, the product of the ASC the mathematical product of concentration of absorption pathlength, which are used in the and the sample absorption pathlength. The the species and absorption pathlength. For quantitative analysis of gas samples. units ‘‘centimeters-ppm’’ or ‘‘meters-ppm’’ reference spectra, this is a known quantity; Retardation, σ means optical path are recommended. for sample spectra, it is the quantity directly difference between two beams in an (6) AUi, analytical uncertainty limit = the determined from Beer’s law. The units interferometer; also known as ‘‘optical path maximum permissible fractional uncertainty ‘‘centimeters-ppm’’ or ‘‘meters-ppm’’ are difference’’ or ‘‘optical retardation.’’ of analysis for the ith analyte concentration, recommended. Scan means digital representation of the expressed as a fraction of the analyte Derivative absorption spectrum means a detector output obtained during one concentration determined in the analysis. plot of rate of change of absorbance or of any complete motion of the interferometer’s (7) AVTm = average estimated total function of absorbance with respect to moving assembly or assemblies. absorbance in the mth analytical region. wavelength or any function of wavelength. Scaling means application of a (8) CKWNk = estimated concentration of Double beam spectrum means a multiplicative factor to the absorbance values the kth known interferant. transmission or absorbance spectrum derived in a spectrum. (9) CMAXi = estimated maximum by dividing the sample single beam spectrum Single beam spectrum means Fourier- concentration of the ith analyte. by the background spectrum.(Note: The term transformed interferogram, representing the (10) CPOTj = estimated concentration of ‘‘double-beam’’ is used elsewhere to denote detector response vs. wavenumber. (Note: the jth potential interferant. a spectrum in which the sample and The term ‘‘single-beam’’ is used elsewhere to (11) DLi, required detection limit = for the background interferograms are collected denote any spectrum in which the sample ith analyte, the lowest concentration of the simultaneously along physically distinct and background interferograms are recorded analyte for which its overall fractional absorption paths. Here, the term denotes a on the same physical absorption path; such uncertainty (OFUi) is required to be less than spectrum in which the sample and usage differentiates such spectra from those the analytical uncertainty limit (AUi). background interferograms are collected at generated using interferograms recorded (12) FCm = center wavenumber position of different times along the same absorption along two physically distinct absorption the mth analytical region. path.) paths (see ‘‘double-beam spectrum’’ above). (13) FAUi, fractional analytical uncertainty Fast Fourier transform (FFT) means a Here, the term applies (for example) to the = calculated uncertainty in the measured method of speeding up the computation of a two spectra used directly in the calculation concentration of the ith analyte because of discrete FT by factoring the data into sparse of transmission and absorbance spectra of a errors in the mathematical comparison of matrices containing mostly zeros. sample.) reference and sample spectra. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14233

(14) FCUi, fractional calibration (35) Ni = number of analytes. Attachment B to Addendum to Method 320— uncertainty = calculated uncertainty in the (36) Nj = number of potential interferants. Identifying Spectral Interferants th measured concentration of the i analyte (37) Nk = number of known interferants. B.1 General because of errors in Beer’s law modeling of (38) Nscan = the number of scans averaged the reference spectra concentrations. to obtain an interferogram. B.1.1 Assume a fixed absorption (15) FFLm = lower wavenumber position of (39) OFUi = the overall fractional pathlength equal to the value LS’. the CTS absorption band associated with the uncertainty in an analyte concentration B.1.2 Use band area calculations to mth analytical region. compare the relative absorption strengths of determined in the analysis (OFUi = MAX (16) FFUm = upper wavenumber position of the analytes and potential interferants. In the {FRU, FCUi, FAUi, FMUi }). th the CTS absorption band associated with the (40) Pascal (Pa) = metric unit of static m analytical region (FLm to FUm), use either mth analytical region. pressure, equal to one Newton per square rectangular or trapezoidal approximations to (17) FLm = lower wavenumber position of determine the band areas described below meter; one atmosphere is equal to 101,325 Pa; the mth analytical region. (see Reference A, sections A.3.1 through 1/760 atmosphere (one Torr, or one (18) FMUi, fractional model uncertainty = A.3.3). Document any baseline corrections millimeter Hg) is equal to 133.322 Pa. calculated uncertainty in the measured applied to the spectra. concentration of the ith analyte because of (41) Pmin = minimum pressure of the B.1.3 Use the average total absorbance of errors in the absorption model employed. sampling system during the sampling the analytes and potential interferants in procedure. (19) FNL = lower wavenumber position of each analytical region to determine whether the CTS spectrum containing an absorption (42) PS’ = estimated sample pressure. the analytical region is suitable for analyte band at least as narrow as the analyte (43) PR = reference pressure. concentration determinations. (Note: The absorption bands. (44) PS = actual sample pressure. average absorbance in an analytical region is (20) FNU = upper wavenumber position of (45) RMSsm = measured noise level of the the band area divided by the width of the the CTS spectrum containing an absorption FTIR system in the mth analytical region. analytical region in wavenumbers. The band at least as narrow as the analyte (46) RMSD, root mean square difference = average total absorbance in an analytical absorption bands. a measure of accuracy determined by the region is the sum of the average absorbances (21) FRUi, fractional reproducibility following equation: of all analytes and potential interferants.) uncertainty = calculated uncertainty in the th B.2 Calculations measured concentration of the i analyte  1 n because of errors in the reproducibility of RMSD = ∑ e2 B.2.1 Prepare spectral representations of spectra from the FTIR system.   i n i=1 each analyte at the concentration CLi = (22) FUm = upper wavenumber position of (DLi)(AUi), where DLi is the required th Where: the m analytical region. detection limit and AUi is the maximum th (23) IAIjm = band area of the j potential n = the number of observations for which the permissible analytical uncertainty. For the th interferant in the m analytical region, at its accuracy is determined. mth analytical region, calculate the band area expected concentration (CPOTj). ei = the difference between a measured value (AAIim) and average absorbance (AAVim) from th (24) IAVim = average absorbance of the i of a property and its mean value over the these scaled analyte spectra. th analyte in the m analytical region, at its n observations. B.2.2 Prepare spectral representations of expected concentration (CPOTj). Note: The RMSD value ‘‘between a set of each potential interferant at its expected (25) ISCi or k, indicated standard th concentration (CPOTj). For the m analytical concentration = the concentration from the n contiguous absorbance values (Ai) and the region, calculate the band area (IAIjm) and computerized analytical program for a single- mean of the values’’ (AM) is defined as average absorbance (IAVjm) from these scaled compound reference spectrum for the ith n potential interferant spectra. analyte or kth known interferant.  1 2 RMSD = ∑()AA− B.2.3 Repeat the calculation for each (26) kPa = kilo-Pascal (see Pascal).   i M analytical region, and record the band area n = (27) LS’ = estimated sample absorption i 1 results in matrix form as indicated in Figure pathlength. (47) RSAi = the (calculated) final B.1. (28) LR = reference absorption pathlength. concentration of the ith analyte. B.2.4 If the band area of any potential (29) LS = actual sample absorption (48) RSIk = the (calculated) final interferant in an analytical region is greater pathlength. concentration of the kth known interferant. than the one-half the band area of any analyte (30) MAUi = mean of the MAUim over the (49) tscan, scan time = time used to acquire (i.e., IAIjm >0.5 AAIim for any pair ij and any appropriate analytical regions. a single scan, not including flyback. m), classify the potential interferant as a (31) MAUim, minimum analyte uncertainty (50) tS, signal integration period = the known interferant. Label the known = the calculated minimum concentration for period of time over which an interferogram interferants k = 1 to K. Record the results in which the analytical uncertainty limit (AUi) is averaged by addition and scaling of matrix form as indicated in Figure B.2. in the measurement of the ith analyte, based individual scans. In terms of the number of B.2.5 Calculate the average total on spectral data in the mth analytical region, can be maintained. scans Nscan and scan time tscan, tS = Nscantscan. absorbance (AVTm) for each analytical region (51) tSR = signal integration period used in and record the values in the last row of the (32) MIUj = mean of the MIUjm over the appropriate analytical regions. recording reference spectra. matrix described in Figure B.2. Any (52) tSS = signal integration period used in analytical region where AVTm >2.0 is (33) MIUjm, minimum interferant uncertainty = the calculated minimum recording sample spectra. unsuitable. concentration for which the analytical (53) TR = absolute temperature of gases used in recording reference spectra. uncertainty limit CPOTj/20 in the FIGURE B.1.ÐPRESENTATION OF PO- measurement of the jth interferant, based on (54) TS = absolute temperature of sample TENTIAL INTERFERANT CALCULA- th gas as sample spectra are recorded. spectral data in the m analytical region, can TIONS be maintained. (55) TP, Throughput = manufacturer’s estimate of the fraction of the total infrared (34) MIL, minimum instrumental linewidth Analytical regions = the minimum linewidth from the FTIR power transmitted by the absorption cell and system, in wavenumbers. (Note: The MIL of transfer optics from the interferometer to the 1 M a system may be determined by observing an detector. absorption band known (through higher (56) VSS = volume of the infrared Analyte Labels absorption cell, including parts of attached resolution examinations) to be narrower than 1 ...... AAI AAI indicated by the system. The MIL is tubing. 11 1M I ...... AAII1 AAIIM fundamentally limited by the retardation of (57) Wik = weight used to average over the interferometer, but is also affected by analytical regions k for quantities related to Potential Interferant other operational parameters (e.g., the choice the analyte i; see attachment D of this Labels of apodization).) addendum. 1 ...... IAI11 IAI1M 14234 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

FIGURE B.1.ÐPRESENTATION OF PO- Total Average AVT1 AVTM C.1.3.1 RMSMAN, the noise level of the TENTIAL INTERFERANT CALCULA- Absorbance. system (in absorbance units), without the TIONSÐContinued absorption cell and transfer optics, under Attachment C to Addendum to Method 320— those conditions necessary to yield the Estimating Noise Levels Analytical regions specified minimum instrumental linewidth, C.1 General e.g., Jacquinot stop size. 1 M C.1.1 The root-mean-square (RMS) noise C.1.3.2 tMAN, the manufacturer’s signal level is the standard measure of noise in this integration time used to determine RMSMAN. J ...... IAIJ1 IAIJM addendum. The RMS noise level of a C.1.3.3 tSS, the signal integration time for contiguous segment of a spectrum is defined the analyses. FIGURE B.2.ÐPRESENTATION OF as the RMS difference (RMSD) between the C.1.3.4 TP, the manufacturer’s estimate of KNOWN INTERFERANT CALCULATIONS absorbance values which form the segment the fraction of the total infrared power and the mean value of that segment (see transmitted by the absorption cell and attachment A of this addendum). Analytical regions transfer optics from the interferometer to the C.1.2 The RMS noise value in double- detector. 1 M beam absorbance spectra is assumed to be inversely proportional to: (a) the square root C.2 Calculations of the signal integration period of the sample Analyte Labels C.2.1 Obtain the values of RMSMAN, tMAN, single beam spectra from which it is formed, 1 ...... AAI AAI and TP from the manufacturers of the 11 1M and (b) the total infrared power transmitted equipment, or determine the noise level by I ...... AAII1 AAIIM through the interferometer and absorption direct measurements with the completely Known Interferant cell. Labels C.1.3 Practically, the assumption of C.1.2 constructed system proposed in section 4 of 1 ...... IAI11 IAI1M allows the RMS noise level of a complete this addendum. K ...... IAIK1 IAIKM system to be estimated from the quantities C.2.2 Calculate the noise value of the described in sections C.1.3.1 through C.1.3.4: system (RMSEST) using equation C.1.

= tss RMSEST RMS MAN TP (Eq . 320-C.1) t MAN

Attachment D to Addendum to Method measuring the noise level of the system of the separate MAU or MIU values 320—Estimating Minimum Concentration (RMSEST or RMSSm). (Note: For a single calculated for each analytical region.) Measurement Uncertainties (MAU and MIU) analytical region, the MAU or MIU value is the concentration of the analyte or interferant D.2 Calculations D.1 General for which the band area is equal to the D.2.1 For each analytical region, set RMS Estimate the minimum concentration product of the analytical region width (in = RMSSm if measured ( attachment G of this th measurement uncertainties for the i analyte wavenumbers) and the noise level of the addendum), or set RMS = RMSEST if th (MAUi) and j interferant (MIUj) based on the system (in absorbance units). If data from estimated ( attachment C of this addendum). spectral data in the mth analytical region by more than one analytical region are used in D.2.2 For each analyte associated with comparing the analyte band area in the the determination of an analyte the analytical region, calculate MAUim using analytical region (AAIim) and estimating or concentration, the MAU or MIU is the mean equation D.1,

()FU− FL = m m MAUim( RMS )( DL i )( AU i ) (Eq . 320-D.1) AAIim

D.2.3 If only the mth analytical region is the mean is equal to the fraction of the total th = used to calculate the concentration of the i wavenumber range used for the calculation MAUi ∑ Wik MAU ik ( Eq . 320-D.2) analyte, set MAUi = MAUim. represented by each analytical region. k∈{ m ©} D.2.4 If more than one analytical region is Mathematically, if the set of analytical th Where the weight Wik is defined for each used to calculate the concentration of the i regions employed is {m′}, then the MAU for analyte, set MAUi equal to the weighted term in the sum as each analytical region is given by equation mean of the appropriate MAUim values calculated above; the weight for each term in D.2.

  −1 = − − Wik() FM k FL k  ∑ [] FMp FL p  (. Eq 320-D.3)  p∈{ m ©}  Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14235

D.2.5 Repeat sections D.2.1 through D.2.4 for each analytical region on the portions of S2i and S1i, for a particular i, with lower and of this to calculate the analogous values MIUj the CTS spectra associated with that upper wavenumber limits FFLm and FFUm, for the interferants j = 1 to J. Replace the analytical region. respectively. value (AUi) (DLi) in equation D.1 with E.2 Calculations E.2.3 For each m and the associated i, CPOTj/20; replace the value AAIim in calculate the band area of S4i in the equation D.1 with IAIjm. E.2.1 The CTS spectra {R1} consist of N wavenumber range FFUm to FFLm. Follow the spectra, denoted by S1i, i=1, N. Similarly, the Attachment E to Addendum to Method 320— guidelines of section B.1.2 of this addendum CTS spectra {R2} consist of N spectra, Determining Fractional Reproducibility for this band area calculation. Denote the Uncertainties (FRU) denoted by S2i, i=1, N. Each Ski is the spectrum of a single compound, where i result by BAVm. E.1 General denotes the compound and k denotes the set E.2.4 For each m and the associated i, { } calculate the RMSD of S3i between the To estimate the reproducibility of the Rk of which Ski is a member. Form the spectroscopic results of the system, compare spectra S3 according to S3i = S2i¥S1i for each absorbance values and their mean in the the CTS spectra recorded before and after i. Form the spectra S4 according to S4i = wavenumber range FFUm to FFLm. Denote the preparing the reference spectra. Compare the [S2i+S1i]/2 for each i. result by SRMSm. difference between the spectra to their E.2.2 Each analytical region m is E.2.5 For each analytical region m, average band area. Perform the calculation associated with a portion of the CTS spectra calculate FMm using equation E.1,

= − FMm SRMS m() FFU m FFL m/ BAV m ( Eq . 320-E.1)

E.2.6 If only the mth analytical region is equal the accepted standard concentration reference spectra. The ISC of each reference used to calculate the concentration of the ith (ASC) for one analyte or interferant, and spectrum for each analyte or interferant shall analyte, set FRUi = FMm. should ideally be zero for all other not exceed that compound’s minimum E.2.7 If a number pi of analytical regions compounds. Variations from these results are measurement uncertainty (MAU or MIU). are used to calculate the concentration of the caused by errors in the ASC values, th i analyte, set FRUi equal to the weighted variations from the Beer’s law (or modified F.2 Calculations mean of the appropriate FMm values Beer’s law) model used to determine the F.2.1 Apply each analytical program to calculated according to section E.2.5. concentrations, and noise in the spectra. each reference spectrum. Prepare a similar Mathematically, if the set of analytical When the first two effects dominate, the table to that in Figure F.1 to present the ISC regions employed is {m′}, then FRUi is given systematic nature of the errors is often by equation E.2, apparent and the analyst shall take steps to and ASC values for each analyte and correct them. interferant in each reference spectrum. = F.1.2 When the calibration error appears Maintain the order of reference file names FRUi ∑ Wik FM k (Eq. 320-E.2) k∈{ m ©} non-systematic, apply the procedures of and compounds employed in preparing sections F.2.1 through F.2.3 of this appendix Figure F.1. Where the Wik are calculated as described to estimate the fractional calibration F.2.2 For all reference spectra in Figure in Attachment D of this addendum. uncertainty (FCU) for each compound. The F.1, verify that the absolute values of the Attachment F to Addendum to Method 320— FCU is defined as the mean fractional error ISC’s are less than the compound’s MAU (for Determining Fractional Calibration between the ASC and the ISC for all reference analytes) or MIU (for interferants). spectra with non-zero ASC for that Uncertainties (FCU) F.2.3 For each analyte reference compound. The FCU for each compound spectrum, calculate the quantity (ASC–ISC)/ F.1 General shall be less than the required fractional F.1.1 The concentrations yielded by the uncertainty specified in section 4.1 of this ASC. For each analyte, calculate the mean of th computerized analytical program applied to addendum. these values (the FCUi for the i analyte) over each single-compound reference spectrum F.1.3 The computerized analytical all reference spectra. Prepare a similar table are defined as the indicated standard programs shall also be required to yield to that in Figure F.2 to present the FCUi and concentrations (ISC’s). The ISC values for a acceptably low concentrations for analytical uncertainty limit (AUi) for each single compound spectrum should ideally compounds with ISC = 0 when applied to the analyte.

FIGURE F.1.ÐPRESENTATION OF ACCEPTED STANDARD CONCENTRATIONS (ASC'S) AND INDICATED STANDARD CONCENTRATIONS (ISC'S)

Compound name Reference ASC (ppm) ISC (ppm) spectrum file name Analytes Interferants i=1 I j=1 J 14236 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

FIGURE F.2.ÐPRESENTATION OF FRACTIONAL CALIBRATION UNCERTAINTIES (FCU'S) AND ANALYTICAL UNCERTAINTIES (AU'S)

Analyte name FCU (%) AU (%)

Attachment G to Addendum to Method absolute temperature (TR) may be used to H.2 Calculations 320—Measuring Noise Levels determine analyte concentrations in samples H.2.1 Absorption Pathlength whose spectra are recorded at conditions G.1 General Determination. Perform and document different from that of the reference spectra, The root-mean-square (RMS) noise level is separate linear baseline corrections to each i.e., at absorption pathlength (LS), absolute { } the standard measure of noise. The RMS analytical region in the spectral sets R1 and temperature (TS), and pressure (PS). This { } noise level of a contiguous segment of a R3 . Form a one-dimensional array AR appendix describes the calculations for containing the absorbance values from all spectrum is the RMSD between the estimating the fractional uncertainty (FAU) of absorbance values that form the segment and segments of {R1} that are associated with the this practice. It also describes the the mean value of the segment (see appendix analytical regions; the members of the array calculations for determining the sample A of this addendum). are ARi, i = 1, n. Form a similar one- absorption pathlength from comparison of dimensional array AS from the absorbance G.2 Calculations CTS spectra, and for preparing spectra for values in the spectral set {R3}; the members further instrumental and procedural checks. G.2.1 Evacuate the absorption cell or fill of the array are ASi, i = 1, n. Based on the it with UPC grade nitrogen at approximately H.1.1 Before sampling, determine the model AS = rAR + E, determine the least- sample absorption pathlength using least one atmosphere total pressure. squares estimate of r′, the value of r which G.2.2 Record two single beam spectra of squares analysis. Determine the ratio LS/LR minimizes the square error E 2. Calculate the signal integration period tSS. by comparing the spectral sets {R1} and sample absorption pathlength, LS, using G.2.3 Form the double beam absorption {R3}, which are recorded using the same CTS equation H.1, spectrum from these two single beam spectra, at LS and LR, and TS and TR, but both at PR. ′ and calculate the noise level RMSSm in the H.1.2 Determine the fractional analysis LS = r (TS/TR)LR (Eq. 320–H.) M analytical regions. uncertainty (FAU) for each analyte by H.2.2 Fractional Analysis Uncertainty. Attachment H of Addendum to Method comparing a scaled CTS spectral set, Perform and document separate linear 320—Determining Sample Absorption recorded at LS, TS, and PS, to the CTS baseline corrections to each analytical region { } { } Pathlength (LS) and Fractional Analytical reference spectra of the same gas, recorded at in the spectral sets R1 and R4 . Form the Uncertainty (FAU) LR, TR, and PR. Perform the quantitative arrays AS and AR as described in section comparison after recording the sample H.2.1 of this appendix, using values from H.1 General spectra, based on band areas of the spectra {R1} to form AR, and values from {R4} to Reference spectra recorded at absorption in the CTS absorbance band associated with form AS. Calculate NRMSE and IAAV using pathlength (LR), gas pressure (PR), and gas each analyte. equations H.2 and H.3,

n   T  L  P   RMS=∑  A −  R  S  S  A ( Eq . 320-H.2) E Si     Ri i=1  TS L R PR 

1 n   T  L  P   AA=∑  +  R  S  S  A ( Eq . 320-H.3) AV Si     Ri 2 i=1  TS L R PR 

The fractional analytical uncertainty, FAU, compound reference spectra scaled to I.2 Calculations is given by equation H.4, represent their contributions to the sample I.2.1 For each analyte (with scaled absorbance spectrum; scaling factors are concentration RSAi), select a reference NRMSE based on the indicated standard FAU = (Eq. 320-H.4) concentrations (ISC) and measured (sample) spectrum SAi with indicated standard IAAV analyte and interferant concentrations, the concentration ISCi. Calculate the scaling sample and reference absorption pathlengths, factors, RAi, using equation I.1, Attachment I to Addendum to Method 320— and the sample and reference gas pressures. Determining Fractional Model Uncertainties No band-shape correction for differences in = TR L S P S RSA i (FMU) the temperature of the sample and reference RAi (Eq . 320-I.1) spectra gases is made; such errors are TS L R P R ISC i I.1 General included in the FMU estimate. The actual Form the spectra SACi by scaling each SAi To prepare analytical programs for FTIR and simulated sample spectra are by the factor RAi. analyses, the sample constituents must first quantitatively compared to determine the I.2.2 For each interferant, select a be assumed. The calculations in this, fractional model uncertainty; this reference spectrum SIk with indicated appendix, based upon a simulation of the comparison uses the reference spectra band sample spectrum, shall be used to verify the areas and residuals in the difference standard concentration ISCk. Calculate the appropriateness of these assumptions. The spectrum formed from the actual and scaling factors, RIk, using equation I.2, simulated spectra consist of the sum of single simulated sample spectra. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14237

T L P RSI bands within the analytical region. Subtract regions, and (2) for each analytical region = R S S k RI k (Eq . 320-I.2) each spectrum SACi and SICk exhibiting separately using the original spectrum SS. TS L R P R ISC k absorbance from the sample spectrum SS to I.2.4 For each analytical region m, form the spectrum SUBS. To save analysis calculate the RMSD of SUBS between the Form the spectra SICk by scaling each SIk time and to avoid the introduction of absorbance values and their mean in the by the factor RIk. unwanted noise into the subtracted region FFUm to FFLm. Denote the result by I.2.3 For each analytical region, spectrum, it is recommended that the RMSSm. determine by visual inspection which of the calculation be made (1) only for those I.2.5 For each analyte i, calculate FMm, spectra SACi and SICk exhibit absorbance spectral data points within the analytical using equation I.3,

RMSS() FFU− FFL AU DL = m m m i i FMm (Eq . 320-I.3) AAIi RSA i for each analytical region associated with the method are followed. The analytical absorption coefficient of the compound in analyte. procedures for interpreting infrared spectra the analytical frequency region, (2) the I.2.6 If only the mth analytical region is from emission measurements are described spectral resolution, (3) the interferometer used to calculate the concentration of the ith in the ‘‘Protocol For The Use of Extractive sampling time, (4) the detector sensitivity analyte, set FMUi=FMm. Fourier Transform Infrared (FTIR) and response, and (5) the absorption I.2.7 If a number of analytical regions are Spectrometry in Analyses of Gaseous pathlength. used to calculate the concentration of the ith Emissions From Stationary Industrial 1.3.2 The practical lower quantification analyte, set FMi equal to the weighted mean Sources’’, included as an addendum to range is usually higher than the instrument of the appropriate FMm values calculated proposed Method 320 of this appendix sensitivity allows and is dependent upon (1) using equation I–3. Mathematically, if the set (hereafter referred to as the ‘‘FTIR Protocol’’). the presence of interfering species in the of analytical regions employed is {m′}, then References 1 and 2 describe the use of FTIR exhaust gas including H2O, CO2, and SO2, (2) the fractional model uncertainty, FMU, is spectrometry in field measurements. Sample analyte losses in the sampling system, (3) the given by equation I.4, transport presents the principal difficulty in optical alignment of the gas cell and transfer directly measuring HCl emissions. This = identical problem must be overcome by any optics, and (4) the quality of the reflective FMUi ∑ Wik FM k ( Eq. 320-I.4) surfaces in the cell (cell throughput). Under k∈{ m ©} extractive measurement method. HCl is reactive and water soluble. The sampling typical test conditions (moisture content of Where Wik is calculated as described in system must be adequately designed to up to 30% and CO2 concentrations from 1 to Attachment D of this addendum. prevent sample condensation in the system. 15 percent), a 22 meter path length cell with Attachment J to Addendum to Method 320— 1.1 Scope and Application. a suitable sampling system may achieve a Determining Overall Concentration This method is specifically designed for lower quantification range of from 1 to 5 ppm Uncertainties (OCU) the application of FTIR Spectrometry in for HCl. extractive measurements of gaseous HCl 1.4 Data Quality Objectives. The calculations in this addendum concentrations in portland cement kiln 1.4.1 In designing or configuring the estimate the measurement uncertainties for emissions. analytical system, data quality is determined various FTIR measurements. The lowest 1.2 Applicability. This method applies to possible overall concentration uncertainty by measuring of the root mean square the measurement of HCl [CAS No. 7647–01– (OCU) for an analyte is its MAU value, which deviation (RMSD) of the absorbance values is an estimate of the absolute concentration 0]. This method can be applied to the within a chosen spectral (analytical) region. uncertainty when spectral noise dominates determination of HCl concentrations both The RMSD provides an indication of the the measurement error. However, if the before and after particulate matter control signal-to-noise ratio (S/N) of the spectral product of the largest fractional devices installed at portland cement baseline. Appendix D of the FTIR Protocol concentration uncertainty (FRU, FCU, FAU, manufacturing facilities. This method applies (the addendum to Method 320 of this or FMU) and the measured concentration of to either continuous flow through appendix) presents a discussion of the an analyte exceeds the MAU for the analyte, measurement (with isolated sample analysis) relationship between the RMSD, lower or grab sampling (batch analysis). HCl is then the OCU is this product. In detection limit, DLi, and analytical mathematical terms, set OFUi = MAX{FRUi, measured using the mid-infrared spectral ¥1 uncertainty, AUi. It is important to consider FCUi, FAUi, FMUi} and OCUi = region for analysis (about 400 to 4000 cm µ the target analyte quantification limit when MAX{RSAi*OFUi, MAUi}. or 25 to 2.5 m). Table 1 lists the suggested analytical region for quantification of HCl performing testing with FTIR Method 321—Measurement of Gaseous taking the interference from water vapor into instrumentation, and to optimize the system Hydrogen Chloride Emissions At Portland consideration. to achieve the desired detection limit. Cement Kilns by Fourier Transform Infrared 1.4.2 Data quality is determined by (FTIR) Spectroscopy TABLE 1.ÐEXAMPLE ANALYTICAL measuring the root mean square (RMS) noise level in each analytical spectral region 1.0 Introduction EGION FOR L R HC (appendix C of the FTIR Protocol). The RMS This method should be performed by those noise is defined as the root mean square persons familiar with the operation of Compound Analytical re- Potential gion (cm¥1) interferants deviation (RMSD) of the absorbance values in Fourier Transform Infrared (FTIR) an analytical region from the mean instrumentation in the application to source absorbance value in the same region. sampling. This document describes the Hydrogen 2679±2840 Water. Appendix D of the FTIR Protocol defines the sampling procedures for use in the chloride. application of FTIR spectrometry for the minimum analyte uncertainty (MAU), and determination of vapor phase hydrogen 1.3 Method Range and Sensitivity. how the RMSD is used to calculate the MAU. chloride (HCl) concentrations both before 1.3.1 The analytical range is determined The MAUim is the minimum concentration of and after particulate matter control devices by the instrumental design and the the ith analyte in the mth analytical region installed at portland cement kilns. A composition of the gas stream. For practical for which the analytical uncertainty limit can procedure for analyte spiking is included for purposes there is no upper limit to the range be maintained. Table 2 to this method quality assurance. This method is considered because the pathlength may be reduced or presents example values of AU and MAU to be self validating provided that the the sample may be diluted. The lower using the analytical region presented in Table requirements listed in section 9 of this detection range depends on (1) the 1 to this method. 14238 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

TABLE 2.ÐEXAMPLE PRE-TEST PRO- one spectrum of a water vapor sample where spiking HCl, the mass flow meter/controller TOCOL CALCULATIONS FOR HYDRO- the moisture concentration is close to that in should be thoroughly purged before and after the kiln gas. introduction of the gas to prevent corrosion GEN CHLORIDE 4.2 Sampling System Interferences. The of the interior parts. principal sampling system interferant for 6.4 Polytetrafluoroethane tubing. HCl measuring HCl is water vapor. Steps must be Diameter and length suitable to connect taken to ensure that no condensation forms cylinder regulators. Reference concentration anywhere in the probe assembly, sample 6.5 Stainless Steel tubing. Type 316 of (ppm-meters)/K ...... 11.2 lines, or analytical instrumentation. Cold appropriate length and diameter for heated Reference Band Area ...... 2.881 spots anywhere in the sampling system must connections. DL (ppm-meters)/K ...... 0.1117 be avoided. The extent of sampling system 6.6 Gas Regulators. Purgeable HCl AU ...... 0.2 bias in the FTIR analysis of HCl depends on regulator. CL (DL x AU) ...... 0.02234 concentrations of potential interferants, 6.7 Pressure Gauge. Capable of measuring FL (cm¥1) ...... 2679.83 moisture content of the gas stream, pressure from 0 to 1000 Torr (133.3 Pa=1 FU (cm¥1) ...... 2840.93 temperature of the gas stream, temperature of Torr) within ± 5 percent. FC (cm¥1) ...... 2760.38 sampling system components, sample flow 6.8 Sampling Probe. Glass, stainless steel AAI (ppm-meters)/K ...... 0.06435 rate, and reactivity of HCl with other species or other appropriate material of sufficient RMSD ...... 2.28 E±03 in the gas stream (e.g., ammonia). For length and physical integrity to sustain MAU (ppm-meters)/K ...... 1.28E±01 measuring HCl in a wet gas stream the heating, prevent adsorption of analytes and MAU ppm at 22 meters and temperatures of the gas stream, sampling capable of reaching gas sampling point. ° ° 250 F ...... 0.2284 components, and the sample flow rate are of 6.9 Sampling Line. Heated 180 C (360 ° primary importance. Analyte spiking with F) and fabricated of either stainless steel, 2.0 Summary of Method HCl is performed to demonstrate the integrity polytetrafluoroethane or other material that prevents adsorption of HCl and transports 2.1 Principle. of the sampling system for transporting HCl vapor in the flue gas to the FTIR instrument. effluent to analytical instrumentation. The See Method 320 of this appendix. HCl can extractive sample line must have the also undergo rotation transitions by See section 9 of this method for a complete description of analyte spiking. capability to transport sample gas to the absorbing energy in the far-infrared spectral analytical components as well as direct region. The rotational transitions are 5.0 Safety heated calibration spike gas to the calibration superimposed on the vibrational assembly located at the sample probe. It is fundamental to give a series of lines centered 5.1 Hydrogen chloride vapor is corrosive and can cause irritation or severe damage to important to minimize the length of heated at the fundamental vibrational frequency, sample line. ¥1 respiratory system, eyes and skin. Exposure 2885 cm . The frequencies of absorbance 6.10 Particulate Filters. A sintered and the pattern of rotational/vibrational lines to this compound should be avoided. 5.2 This method may involve sampling at stainless steel filter rated at 20 microns or are unique to HCl. When this distinct pattern greater may be placed at the inlet of the probe is observed in an infrared spectrum of an locations having high positive or negative pressures, or high concentrations of (for removal of large particulate matter). A unknown sample, it unequivocally identifies  or equivalent) rated at hazardous or toxic pollutants, and can not heated filter (Balston HCl as a component of the mixture. The 1 micron is necessary for primary particulate address all safety problems encountered infrared spectrum of HCl is very distinctive matter removal, and shall be placed under these diverse sampling conditions. It is and cannot be confused with the spectrum of immediately after the heated probe. The the responsibility of the tester(s) to ensure any other compound. See Reference 6. filter/filter holder temperature should be proper safety and health practices, and to 2.2 Sampling and Analysis. See Method maintained at 180 °C (360 °F). determine the applicability of regulatory 320 of this appendix. 6.11 Calibration/Analyte Spike Assembly. limitations before performing this test 2.3 Operator Requirements. The analyst A heated three-way valve assembly (or method. Leak-check procedures are outlined must have knowledge of spectral patterns to equivalent) to introduce surrogate spikes into in section 8.2 of Method 320 of this . choose an appropriate absorption path length the sampling system at the outlet of the probe or determine if sample dilution is necessary. 6.0 Equipment and Supplies. before the primary particulate filter. The analyst should also understand FTIR 6.12 Sample Extraction Pump. A leak-free (Note: Mention of trade names or specific instrument operation well enough to choose heated head pump (KNF Neuberger or products does not constitute endorsement by instrument settings that are consistent with equivalent) capable of extracting sample the Environmental Protection Agency.) the objectives of the analysis. effluent through entire sampling system at a 6.1 FTIR Spectrometer and Detector. An rate which prevents analyte losses and 3.0 Definitions FTIR Spectrometer system (interferometer, minimizes analyzer response time. The pump See A of the FTIR Protocol. transfer optics, gas cell and detector) having should have a heated by-pass and may be the capability of measuring HCl to the 4.0 Interferences placed either before the FTIR instrument or predetermined minimum detectable level after. If the sample pump is located upstream This method will not measure HCl under required (see section 4.1.3 of the FTIR of the FTIR instrument, it must be fabricated conditions: (1) where the sample gas stream Protocol). The system must also include an from materials non-reactive to HCl. The can condense in the sampling system or the accurate means to control and/or measure the sampling system and FTIR measurement instrumentation, or (2) where a high moisture temperature of the FTIR gas analysis cell, and system shall allow the operator to obtain at content sample relative to the analyte a personal computer with compatible least six sample spectra during a one-hour concentrations imparts spectral interference software that provides real-time updates of period. due to the water vapor absorbance bands. For the spectral profile during sample and 6.13 Barometer. For measurement of measuring HCl the first (sampling) spectral collection. barometric pressure. consideration is more critical. Spectral 6.2 Pump. Capable of evacuating the FTIR 6.14 Gas Sample Manifold. A distribution interference from water vapor is not a cell volume to 1 Torr (133.3 Pascals) within manifold having the capabilities listed in significant problem except at very high two minutes (for batch sample analysis). sections 6.14.1 through 6.14.4; moisture levels and low HCl concentrations. 6.3 Mass Flow Meters/Controllers. To 6.14.1 Delivery of calibration gas directly 4.1 Analytical Interferences. See Method accurately measure analyte spike flow rate, to the analytical instrumentation; 320 of this appendix. having the appropriate calibrated range and 6.14.2 Delivery of calibration gas to the 4.1.1 Background Interferences. See a stated accuracy of ± 2 percent of the sample probe (system calibration or analyte Method 320 of this appendix. absolute measurement value. This device spike) via a heated traced sample line; 4.1.2 Spectral interferences. Water vapor must be calibrated with the major component 6.14.3 Delivery of sample gas (kiln gas, can present spectral interference for FTIR gas of the calibration/spike gas (e.g., nitrogen) spiked kiln gas, or system calibrations) to the analysis of HCl. Therefore, the water vapor in using an NIST traceable bubble meter or analytical instrumentation; the spectra of kiln gas samples must be equivalent. Single point calibration checks 6.14.4 Delivery (optional) of a humidified accounted for. This means preparing at least should be performed daily in the field. When nitrogen sample stream. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14239

6.15 Flow Measurement Device. Type S cell with kiln gas to ambient pressure and achieve the required signal-to-noise ratio, Pitot tube (or equivalent) and Magnahelic record the infrared spectrum, then evacuate and all sample spectra should have unique set for measurement of volumetric flow rate. the cell until there is no further evidence of file names. Two copies of sample infrared absorption. Repeat this procedure, interferograms and processed spectra will be 7.0 Reagents and Standards collecting a total of six separate sample stored on separate computer media. For each HCl can be purchased in a standard spectra within a 1-hour period. sample spectrum the analyst must document compressed gas cylinder. The most stable 8.6.3 Continuous Flow Through the sampling conditions, the sampling time HCl cylinder mixture available has a Sampling. Purge the FTIR cell with kiln gas (while the cell was being filled), the time the concentration certified at ±5 percent. Such a for a time period sufficient to equilibrate the spectrum was recorded, the instrumental cylinder is suitable for performing analyte entire sampling system and FTIR gas cell. conditions (path length, temperature, spiking because it will provide reproducible The time required is a function of the pressure, resolution, integration time), and samples. The stability of the cylinder can be mechanical response time of the system the spectral file name. A hard copy of these monitored over time by periodically (determined by performing the system data must be maintained until the test results performing direct FTIR analysis of cylinder calibration with the CTS gas or equivalent), are accepted. samples. It is recommended that a 10–50 and by the chemical reactivity of the target 8.9 Signal Transmittance. Monitor the ppm cylinder of HCl be prepared having from analytes. If the effluent target analyte signal transmittance through the 2–5 ppm SF6 as a tracer compound. (See concentration is not variable, observation of instrumental system. If signal transmittance sections 7.1 through 7.3 of Method 320 of the spectral up-date of the flowing gas (relative to the background) drops below 95 this for a complete description of the use of sample should be performed until percent in any spectral region where the existing HCl reference spectra. See section equilibration of the sample is achieved. sample does not absorb infrared energy, then 9.1 of Method 320 of this for a complete Isolate the gas cell from the sample flow by a new background spectrum must be discussion of standard concentration directing the purge flow to vent. Record the obtained. selection.) spectrum and pressure of the sample gas. 8.10 Post-test CTS. After the sampling After spectral acquisition, allow the sample run completion, record the CTS spectrum. 8.0 Sample Collection, Preservation and gas to purge the cell with at least three Analysis of the spectral band area used for Storage volumes of kiln gas. The time required to quantification from pre-and post-test CTS See also Method 320 of this appendix. adequately purge the cell with the required spectra should agree to within ±5 percent or 8.1 Pretest. A screening test is ideal for volume of gas is a function of (1) cell volume, corrective action must be taken. obtaining proper data that can be used for (2) flow rate through the cell, and (3) cell 8.11 Post-test QA. The sample spectra preparing analytical program files. design. It is important that the gas shall be inspected immediately after the run Information from literature surveys and introduction and vent for the FTIR cell to verify that the gas matrix composition was source personnel is also acceptable. provides a complete purge through the cell. close to the assumed gas matrix, (this is Information about the sampling location and 8.6.4 Continuous Sampling. In some necessary to account for the concentrations of gas stream composition is required to cases it is possible to collect spectra the interferants for use in the analytical determine the optimum sampling system continuously while the FTIR cell is purged analysis programs), and to confirm that the configuration for measuring HCl. Determine with sample gas. The sample integration sampling and instrumental parameters were the percent moisture of the kiln gas by time, tss, the sample flow rate through the gas appropriate for the conditions encountered. Method 4 of appendix A to part 60 of this cell, and the sample integration time must be chapter or by performing a wet bulb/dry bulb chosen so that the collected data consist of 9.0 Quality Control measurement. Perform a preliminary traverse at least 10 spectra with each spectrum being Use analyte spiking to verify the of the sample duct or stack and select the of a separate cell volume of flue gas. effectiveness of the sampling system for the sampling point(s). Acquire an initial Sampling in this manner may only be target compounds in the actual kiln gas spectrum and determine the optimum performed if the native source analyte matrix. QA spiking shall be performed before operational pathlength of the instrument. concentrations do not affect the test results. and after each sample run. QA spiking shall 8.2 Leak-Check. See Method 320 of this 8.7 Sample Conditioning be performed after the pre-and post-test CTS appendix, section 8.2 for direction on 8.7.1 High Moisture Sampling. Kiln gas direct and system calibrations. The system performing leak-checks. emitted from wet process cement kilns may biases calculated from the pre-and post-test 8.3 Background Spectrum. See Method contain 3- to 40 percent moisture. Zinc dynamic analyte spiking shall be within ±30 320 of this appendix, section 8.5 for direction selenide windows or the equivalent should percent for the spiked surrogate analytes for in background spectral acquisition. be used when attempting to analyze hot/wet the measurements to be considered valid. See 8.4 Pre-Test Calibration Transfer kiln gas under these conditions to prevent sections 9.3.1 through 9.3.2 for the requisite Standard (Direct Instrument Calibration). See dissolution of water soluble window calculations. Measurement of the undiluted Method 320 of this appendix, section 8.3 for materials (e.g., KBr). spike (direct-to-cell measurement) involves direction in CTS spectral acquisition. 8.7.2 Sample Dilution. The sample may sending dry, spike gas to the FTIR cell, filling 8.5 Pre-Test System Calibration. See be diluted using an in-stack dilution probe, the cell to 1 atmosphere and obtaining the Method 320 of this appendix, sections 8.6.1 or an external dilution device provided that spectrum of this sample. The direct-to-cell through 8.6.2 for direction in performing the sample is not diluted below the measurement should be performed before system calibration. instrument’s quantification range. As an each analyte spike so that the recovery of the 8.6 Sampling. alternative to using a dilution probe, nitrogen dynamically spiked analytes may be 8.6.1 Extractive System. An extractive may be dynamically spiked into the effluent calculated. Analyte spiking is only effective system maintained at 180 °C (360 °F) or stream in the same manner as analyte for assessing the integrity of the sampling higher which is capable of directing a total spiking. A constant dilution rate shall be system when the concentration of HCl in the flow of at least 12 L/min to the sample cell maintained throughout the measurement source does not vary substantially. Any is required (References 1 and 2). Insert the process. It is critical to measure and verify attempt to quantify an analyte recovery in a probe into the duct or stack at a point the exact dilution ratio when using a dilution variable concentration matrix will result in representing the average volumetric flow rate probe or the nitrogen spiking approach. errors in the expected concentration of the and 25 percent of the cross sectional area. Co- Calibrating the system with a calibration gas spiked sample. If the kiln gas target analyte locate an appropriate flow monitoring device containing an appropriate tracer compound concentrations vary by more than ±5 percent with the sample probe so that the flow rate will allow determination of the dilution ratio (or 5 ppm, whichever is greater) in the time is recorded at specified time intervals during for most measurement systems. The tester required to acquire a sample spectrum, it emission testing (e.g., differential pressure shall specify the procedures used to may be necessary to: (1) use a dual sample measurements taken every 10 minutes during determine the dilution ratio, and include probe approach, (2) use two independent each run). these calibration results in the report. FTIR measurement systems, (3) use alternate 8.6.2 Batch Samples. Evacuate the 8.8 Sampling QA, Data Storage and QA/QC procedures, or (4) postpone testing absorbance cell to 5 Torr (or less) absolute Reporting. See the FTIR Protocol. Sample until stable emission concentrations are pressure before taking first sample. Fill the integration times shall be sufficient to achieved. (See section 9.2.3 of this method). 14240 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

It is recommended that a laboratory equilibrated to the temperature of the 9.2.3.3.1 The spike must be in the vapor evaluation be performed before attempting to measurement cell before acquisition of the phase, dry, and heated to (or above) the kiln employ this method under actual field spectra. Inspect the spectrum and verify that gas temperature before it is introduced to the conditions. The laboratory evaluation shall the gas is dry and contains negligible CO2. kiln gas stream. include (1) performance of all applicable Repeat the process to obtain a second direct- 9.2.3.3.2 The spike flow rate must be calculations in section 4 of the FTIR Protocol; to-cell measurement. Analysis of spectral constant and accurately measured. (2) simulated analyte spiking experiments in band areas for HCl from these duplicate 9.2.3.3.3 The total flow must also be dry (ambient) and humidified sample measurements should agree to within ±5 measured continuously and reliably or the matrices using HCl; and (3) performance of percent of the mean. dilution ratio must otherwise be verified bias (recovery) calculations from analyte 9.2.3 Analyte Spiking. Determine before and after a run by introducing a spike spiking experiments. It is not necessary to whether the kiln gas contains native of a non-reactive, stable compound (i.e., perform a laboratory evaluation before every concentrations of HCl by examination of tracer). field test. The purpose of the laboratory study preliminary spectra. Determine whether the 9.2.3.3.4 The tracer must be inert to the is to demonstrate that the actual instrument concentration varies significantly with time sampling system components, not contained and sampling system configuration used in by observing a continuously up-dated in the effluent gas, and readily detected by field testing meets the requirements set forth spectrum of sample gas in the flow-through the analytical instrumentation. Sulfur in this method. sampling mode. If the concentration varies by hexafluoride (SF6) has been used successfully ± 9.1 Spike Materials. Perform analyte more than 5 percent during the period of (References 1 and 2) for this purpose. time required to acquire a spectra, then an spiking with an HCl standard to demonstrate 9.3 Calculations the integrity of the sampling system. alternate approach should be used. One 9.1.1 An HCl standard of approximately alternate approach uses two sampling lines to 9.3.1 Recovery. Calculate the percent 50 ppm in a balance of ultra pure nitrogen convey sample to the gas distribution recovery of the spiked analytes using manifold. One of the sample lines is used to equations 1 and 2. is recommended. The SF6 (tracer) continuously extract unspiked kiln gas from concentration shall be 2 to 5 ppm depending %R = (Sm/Ce) × 100 (Eq. 321–1). the source. The other sample line serves as upon the measurement pathlength. The spike Sm = Mean concentration of the analyte ratio (spike flow/total flow) shall be no the analyte spike line. One FTIR system can spiked effluent samples (observed). be used in this arrangement. Spiked or greater than 1:10, and an ideal spike Ce = Expected concentration of the spiked unspiked sample gas may be directed to the concentration should approximate the native samples (theoretical). FTIR system from the gas distribution effluent concentration. Ce = DfCs + Su (1–Df) (Eq. 321–2) manifold, with the need to purge only the 9.1.2 The ideal spike concentration may Df = dilution Factor (Spike flow/Total flow). components between the manifold and the not be achieved because the target total flow = spike flow plus effluent FTIR system. This approach minimizes the flow. concentration cannot be accurately predicted time required to acquire an equilibrated Cs = cylinder concentration of spike gas. prior to the field test, and limited calibration sample of spiked or unspiked kiln gas. If the Su = native concentration of analytes in standards will be available during testing. source varies by more than ±5 percent (or 5 unspiked samples. Therefore, practical constraints must be ppm, whichever is greater) in the time it applied that allow the tester to spike at an takes to switch from the unspiked sample The spike dilution factor may be confirmed anticipated concentration. For these tests, the line to the spiked sample line, then analyte by measuring the total flow and the spike analyte concentration contributed by the HCl spiking may not be a feasible means to flow directly. Alternately, the spike dilution standard spike should be 1 to 5 ppm or determine the effectiveness of the sampling can be verified by comparing the should more closely approximate the native system for the HCl in the sample matrix. A concentration of the tracer compound in the concentration if it is greater. second alternative is to use two completely spiked samples (diluted) to the tracer concentration in the direct (undiluted) 9.2 Spike Procedure independent FTIR measurement systems. One system would measure unspiked measurement of the spike gas. 9.2.1 A spiking/sampling apparatus is samples while the other system would If SF6 is the tracer gas, then shown in Figure 2. Introduce the spike/tracer measure the spiked samples. As a last option, Df = [SF6]spike/ [SF6]direct (Eq. 321–3) gas mixture at a constant flow (±2 percent) (where no other alternatives can be used) a [SF6]spike = the diluted SF6 concentration rate at approximately 10 percent of the total humidified nitrogen stream may be generated measured in a spiked sample. sample flow. (For example, introduce the in the field which approximates the moisture [SF6]direct = the SF6 concentration measured ± surrogate spike at 1 L/min 20 cc/min, into content of the kiln gas. Analyte spiking into directly. a total sample flow rate of 10 L/min). The this humidified stream can be employed to 9.3.2 Bias. The bias may be determined spike must be pre-heated before introduction assure that the sampling system is adequate by the difference between the observed spike into the sample matrix to prevent a localized for transporting the HCl to the FTIR value and the expected response (i.e., the condensation of the gas stream at the spike instrumentation. equivalent concentration of the spiked introduction point. A heated sample 9.2.3.1 Adjust the spike flow rate to material plus the analyte concentration transport line(s) containing multiple approximately 10 percent of the total flow by adjusted for spike dilution). Bias is defined transport tubes within the heated bundle may metering spike gas through a calibrated mass by section 6.3.1 of EPA Method 301 of this be used to spike gas up through the sampling flowmeter or controller. Allow spike flow to (Reference 8) as, system to the spike introduction point. Use equilibrate within the sampling system B = Sm — Ce (Eq. 321–4) a calibrated flow device (e.g., mass flow before analyzing the first spiked kiln gas meter/controller), to monitor the spike flow samples. A minimum of two consecutive where: as indicated by a calibrated flow meter or spikes are required. Analysis of the spectral B = Bias at spike level. controller, or alternately, the SF6 tracer ratio band area used for quantification should Sm = Mean concentration of the analyte may be calculated from the direct agree to within ±5 percent or corrective spiked samples. measurement and the diluted measurement. action must be taken. Ce = Expected concentration of the analyte in It is often desirable to use the tracer approach 9.2.3.2 After QA spiking is completed, spiked samples. in calculating the spike/total flow ratio the sampling system components shall be Acceptable recoveries for analyte spiking because of the difficulty in accurately purged with nitrogen or dry air to eliminate are ±30 percent. Application of correction measuring hot/wet total flow. The tracer traces of the HCl compound from the factors to the data based upon bias and technique has been successfully used in past sampling system components. Acquire a recovery calculations is subject to the validation efforts (Reference 1). sample spectra of the nitrogen purge to verify approval of the Administrator. 9.2.2 Perform a direct-to-cell the absence of the calibration mixture. measurement of the dry, undiluted spike gas. 9.2.3.3 Analyte spiking procedures must 10.0 Calibration and Standardization Introduce the spike directly to the FTIR cell, be carefully executed to ensure that 10.1 Calibration transfer standards (CTS). bypassing the sampling system. Fill cell to 1 meaningful measurements are achieved. The The EPA Traceability Protocol gases or NIST atmosphere and collect the spectrum of this requirements of sections 9.2.3.3.1 through traceable standards, with a minimum sample. Ensure that the spike gas has 9.2.3.3.4 shall be met. accuracy of ±2 percent shall be used. For Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14241

other requirements of the CTS, see the FTIR Lr = The pathlength associated with the Agency, Research Triangle Park, NC. NTIS Protocol section 4.5. reference spectra. Report No. PB90–221896. (1989). 10.2 Signal-to-Noise Ratio (S/N). The S/N Ls = The pathlength associated with the 3. ‘‘Fourier Transform Infrared (FTIR) shall be less than the minimum acceptable sample spectra. Method Validation at a Coal Fired-Boiler,’’ measurement uncertainty in the analytical Ts = The absolute temperature (K) of the Entropy, Inc. Prepared for U.S. regions to be used for measuring HCl. sample gas. Environmental Protection Agency, Research 10.3 Absorbance Pathlength. Verify the Tr = The absolute temperature (K) at which Triangle Park, NC. EPA Publication No. EPA– absorbance path length by comparing CTS reference spectra were recorded. 454/R95–004. NTIS Report No. PB95– spectra to reference spectra of the calibration 12.2 The temperature correction in 193199. (1993). gas(es). equation 5 is a volumetric correction. It does 4. ‘‘Field Validation Test Using Fourier 10.4 Instrument Resolution. Measure the not account for temperature dependence of Transform Infrared (FTIR) Spectrometry To line width of appropriate CTS band(s) to rotational-vibrational relative line intensities. verify instrumental resolution. Whenever possible, the reference spectra Measure Formaldehyde, Phenol and 10.5 Apodization Function. Choose the used in the analysis should be collected at a Methanol at a Wool Fiberglass Production appropriate apodization function. Determine temperature near the temperature of the FTIR Facility.’’ Draft. U.S. Environmental any appropriate mathematical cell used in the test to minimize the Protection Agency Report, Entropy, Inc., EPA transformations that are required to correct calculated error in the measurement (FTIR Contract No. 68D20163, Work Assignment I– instrumental errors by measuring the CTS. Protocol, appendix D). Additionally, the 32. Any mathematical transformations must be analytical region chosen for the analysis 5. Kinner, L.L., Geyer, T.G., Plummer, documented and reproducible. Reference 9 should be sufficiently broad to minimize G.W., Dunder, T.A., Entropy, Inc. provides additional information about FTIR errors caused by small differences in relative ‘‘Application of FTIR as a Continuous instrumentation. line intensities between reference spectra and Emission Monitoring System.’’ Presentation 11.0 Analytical Procedure the sample spectra. at 1994 International Incineration A full description of the analytical 13.0 Method Performance Conference, Houston, Tx. May 10, 1994. 6. ‘‘Molecular Vibrations; The Theory of procedures is given in sections 4.6—4.11, A description of the method performance sections 5, 6, and 7, and the appendices of may be found in the FTIR Protocol. This Infrared and Raman Vibrational Spectra,’’ E. the FTIR Protocol. Additional description of method is self validating provided the results Bright Wilson, J.C. Decius, and P.C. Cross, quantitative spectral analysis is provided in meet the performance specification of the QA Dover Publications, Inc., 1980. For a less References 10 and 11. spike in sections 9.0 through 9.3 of this intensive treatment of molecular rotational- 12.0 Data Analysis and Calculations method. vibrational spectra see, for example, ‘‘Physical Chemistry,’’ G.M. Barrow, chapters Data analysis is performed using 14.0 Pollution Prevention 12, 13, and 14, McGraw Hill, Inc., 1979. appropriate reference spectra whose This is a gas phase measurement. Gas is 7. ‘‘Laboratory and Field Evaluations of concentrations can be verified using CTS extracted from the source, analyzed by the spectra. Various analytical programs Ammonium Chloride Interference in Method instrumentation, and discharged through the (References 10 and 11) are available to relate 26,’’ U.S. Environmental Protection Agency instrument vent. sample absorbance to a concentration Report, Entropy, Inc., EPA Contract No. standard. Calculated concentrations should 15.0 Waste Management 68D20163, Work Assignment No. I–45. be verified by analyzing spectral baselines Gas standards of HCl are handled 8. 40 CFR 63, A. Method 301—Field after mathematically subtracting scaled according to the instructions enclosed with Validation of Pollutant Measurement reference spectra from the sample spectra. A the material safety data sheet. Methods from Various Waste Media. full description of the data analysis and 9. ‘‘Fourier Transform Infrared calculations may be found in the FTIR 16.0 References Spectrometry,’’ Peter R. Griffiths and James Protocol (sections 4.0, 5.0, 6.0 and 1. ‘‘Laboratory and Field Evaluation of a de Haseth, Chemical Analysis, 83, 16– appendices). Methodology for Determination of Hydrogen 25,(1986), P.J. Elving, J.D. Winefordner and 12.1 Calculated concentrations in sample Chloride Emissions From Municipal and I.M. Kolthoff (ed.), John Wiley and Sons. spectra are corrected for differences in Hazardous Waste Incinerators,’’ S. C. 10. ‘‘Computer-Assisted Quantitative absorption pathlength between the reference Steinsberger and J. H. Margeson. Prepared for Infrared Spectroscopy,’’ Gregory L. McClure and sample spectra by U.S. Environmental Protection Agency, (ed.), ASTM Special Publication 934 (ASTM), Ccorr = (Lr/Ls) × (Ts/Tr) × (Ccalc) (Eq. 321–5) Research Triangle Park, NC. NTIS Report No. 1987. Where: PB89–220586. (1989). 11. ‘‘Multivariate Least-Squares Methods Ccorr = The pathlength corrected 2. ‘‘Evaluation of HCl Measurement Applied to the Quantitative Spectral Analysis Techniques at Municipal and Hazardous concentration. of Multicomponent Mixtures,’’ Applied Ccalc = The initial calculated concentration Waste Incinerators,’’ S.A. Shanklin, S.C. Spectroscopy, 39(10), 73–84, 1985. (output of the multicomponent analysis Steinsberger, and L. Cone, Entropy, Inc. program designed for the compound). Prepared for U.S. Environmental Protection BILLING CODE 6560±50±P 14242 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14243

BILLING CODE 6560±50±C 14244 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules

Method 322—Measurement of Hydrogen 3.0 Definitions measuring HCl in a wet gas stream, the Chloride Emissions From Portland Cement 3.1 Measurement System. The total temperatures of the gas stream and sampling Kilns by GFCIR equipment required for the determination of system components and the sample flow rate are of primary importance. In order to 1.0 Applicability and Principle gas concentration. The measurement system consists of the following major subsystems: prevent problems with condensation in the 1.1 Applicability. This method is 3.1.1 Sample Interface. That portion of a sampling system, these parameters must be applicable to the determination of hydrogen system used for one or more of the following: closely monitored. chloride (HCl) concentrations in emissions sample acquisition, sample transport, sample 4.1.1 System Calibration Checks. from portland cement kilns. This is an conditioning, or protection of the analyzers Performing these calibration checks where instrumental method for the measurement of from the effects of the stack gas. HCl calibration gas is injected through the HCl using an extractive sampling system and 3.1.2 Gas Analyzer. That portion of the entire system both before and after each test run demonstrates the integrity of the an infrared (IR) gas-filter correlation (GFC) system that senses the gas to be measured sampling system and capability of the analyzer. This method is intended to provide and generates an output proportional to its analyzer for measuring this water soluble and the cement industry with a direct interface concentration. otherwise unstable compound under ideal instrumental method. A procedure for 3.1.3 Data Recorder. A strip chart conditions (i.e., HCl in N2). recorder, analog computer, or digital recorder analyte spiking is included for quality 4.1.2 Analyte Spiking Checks. For analyte for recording measurement data from the assurance. This method is considered to be spiking checks, HCl calibration gas is analyzer output. self-validating provided that the quantitatively added to the sample stream at 3.2 Span. The upper limit of the gas requirements in section 9 of this method are a point upstream of the particulate filter and followed. concentration measurement range displayed all other sample handling components both 1.2 Principle. A gas sample is on the data recorder. before and after each test run. The volume of continuously extracted from a stack or duct 3.3 Calibration Gas. A known HCl spike gas should not exceed 10 percent over the test period using either a source- concentration of a gas in an appropriate of the total sample volume so that the sample diluent gas (i.e., N2). level hot/wet extractive subsystem or a matrix is relatively unaffected. Successfully 3.4 Analyzer Calibration Error. The dilution extractive subsystem. A performing these checks demonstrates the difference between the gas concentration nondispersive infrared gas filter correlation integrity of the sampling system for exhibited by the gas analyzer and the known measuring this water soluble and reactive (NDIR–GFC) analyzer is specified for the concentration of the calibration gas when the measurement of HCl in the sample. The total compound under actual sample matrix calibration gas is introduced directly to the conditions. Successfully performing these measurement system is comprised of the analyzer. extractive subsystem, the analyzer, and the checks also demonstrates the adequacy of the 3.5 Sampling System Bias. The sampling interference rejection capability of the data acquisition subsystem. Test system system bias is the difference between the gas analyzer. (See section 9.3 of this method.) performance specifications are included in concentrations exhibited by the measurement 4.2 Analytical Interferences. Analytical this method to provide for the collection of system when a known concentration gas is interferences are reduced by the GFC accurate, reproducible data. introduced at the outlet of the sampling spectroscopic technique required by the 1.3 Test System Operating Range. The probe and the known value of the calibration method. The accuracy of HCl measurements measurement range (span) of the test system gas. provided by some GFC analyzers is known to shall include the anticipated HCl 3.6 Response Time. The amount of time be sensitive to the moisture content of the concentrations of the effluent and spiked required for the measurement system to sample. This must be taken into account in samples. The range should be selected so that display 95 percent of a step change in gas order to acquire accurate results. These the average of the effluent measurements is concentration on the data recorder. analyzers must be calibrated for the specific between 25 and 75 percent of span. If at any 3.7 Calibration Curve. A graph or other moisture content of the samples. time during a test run, the effluent systematic method of establishing the 5.0 Safety concentration exceeds the span value of the relationship between the analyzer response test system, the run shall be considered and the actual gas concentration introduced This method may involve sampling at invalid. to the analyzer. locations having high positive or negative 3.8 Linearity. The linear response of the pressures, or high concentrations of 2.0 Summary of Method analyzer or test system to known calibration hazardous or toxic pollutants, and cannot 2.1 Sampling and Analysis. Kiln gas is inputs covering the concentration range of address all safety problems encountered continuously extracted from the stack or duct the system. under these diverse sampling conditions. It is using either a source level, hot/wet extractive 3.9 Interference Rejection. The ability of the responsibility of the tester(s) to ensure system, or an in-situ dilution probe or heated the system to reject the effect of interferences proper safety and health practices, and to out-of-stack dilution system. The sample is in the analytical measurement processes of determine the applicability of regulatory then directed by a heated sample line the test system. limitations before performing this test method. Because HCl is a respiratory irritant, maintained above 350 °F to a GFC analyzer 4.0 Interferences it is advisable to limit exposure to this having a range appropriate to the type of 4.1 Sampling System Interferences. An compound. sampling system. The gas filter correlation important consideration in measuring HCl analyzer incorporates a gas cell filled with using an extractive measurement system is to 6.0 Equipment and Supplies. HCl. This gas cell is periodically moved into ensure that a representative kiln gas sample (Note: Mention of company or product the path of an infrared measurement beam of is delivered to the gas analyzer. A sampling names does not constitute endorsement by the instrument to filter out essentially all of system interferant is a factor that inhibits an the U. S. Environmental Protection Agency.) the HCl absorption wavelengths. Spectral analyte from reaching the analytical 6.1 Measurement System. Use any GFC filtering provides a reference from which the instrumentation. Condensed water vapor is a measurement system for HCl that meets the HCl concentration of the sample can be strong sampling system interferant for HCl specifications of this method. All sampling determined. Interferences are minimized in and other water soluble compounds. ‘‘Cold system components must be maintained the analyzer by choosing a spectral band over spots’’ in the sampling system can allow above the kiln gas temperature, when which compounds such as CO2 and H2O water vapor in the sample to condense possible, or at least 350 °F. The length of either do not absorb significantly or do not resulting in removal of HCl from the sample sample transport line should be minimized match the spectral pattern of the HCl infrared stream. The extent of HCl sampling system and sampling rate should be as high as absorption. bias depends on concentrations of potential possible to minimize adsorption of HCl. The 2.2 Operator Requirements. The analyst interferants, moisture content of the gas essential components of the measurement must be familiar with the specifications and stream, temperature of the gas stream, system are described in sections 6.1.1 test procedures of this method and follow temperature of sampling system components, through 6.1.12. them in order to obtain reproducible and sample flow rate, and reactivity of HCl with 6.1.1 Sample Probe. Glass, stainless steel, accurate data. other species in the gas stream. For Hastalloy TM, or equivalent, of sufficient Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14245 length to traverse the sample points. The section 8.0 of this method. (Note: Housing Use at least three calibration gases as sampling probe shall be heated to a the analyzer in a clean, thermally-stable, specified below: minimum of 350 °F to prevent condensation. vibration free environment will minimize 6.2.1 High-Range Gas. Concentration Dilution extractive systems must use a drift in the analyzer calibration.) The equivalent to 80 to 100 percent of the span. dilution ratio such that the average diluted analyzer (system) shall be designed so that 6.2.2 Mid-Range Gas. Concentration concentrations are between 25 to 75 percent the response of a known calibration input equivalent to 40 to 60 percent of the span. of the selected measurement range of the shall not deviate by more than ±3 percent 6.2.3 Zero Gas. Concentration of less than analyzer. from the expected value. The analyzer or 0.25 percent of the span. Purified ambient air 6.1.2 Calibration Valve Assembly. Use a measurement system manufacturer may may be used for the zero gas by passing air heated, three-way valve assembly, or provide documentation that the instrument through a charcoal filter or through one or equivalent, for selecting either sample gas or meets this design requirement. Alternatively, more impingers containing a solution of 3 introducing calibration gases to the a known concentration gas standard and percent H2O2. measurement system or introducing analyte calibration dilution system meeting the 6.2.4 Spike Gas. A calibration gas of spikes into the measurement system at the requirements of Method 205 of appendix M known concentration (typically 100 to 200 outlet of the sampling probe before the to part 51 of this chapter, ‘‘Verification of Gas ppm) used for analyte spikes in accordance primary particulate filter. Dilution Systems for Field Calibrations’’ (or with the requirements of section 9.3 of this 6.1.3 Particulate Filter. A coarse filter or equivalent procedure), may be used to method. other device may be placed at the inlet of the develop a multi-point calibration curve over probe for removal of large particulate (10 the measurement range of the analyzer. 7.0 Reagents and Standards microns or greater). A heated (Balston or 6.1.9 Gas Regulators. Single stage 7.1 Hydrogen Chloride. Hydrogen equivalent) filter rated at 1 micron is regulator with cross purge assembly that is Chloride is a reactive gas and is available in necessary for primary particulate removal, used to purge the CGA fitting and regulator steel cylinders from various commercial gas and shall be placed immediately after the before and after use. (This purge is necessary vendors. The stability is such that it is not heated probe. The filter/filter holder shall be to clear the calibration gas delivery system of possible to purchase a cylinder mixture maintained at 350 °F or a higher temperature. ambient water vapor after the initial whose HCl concentration can be certified at Additional filters at the inlet of the gas connection is made, or after cylinder better than ±5 percent. The stability of the analyzer may be used to prevent changeover, and will extend the life of the cylinder may be monitored over time by accumulation of particulate material in the regulator.) Wetted parts are 316 stainless periodically analyzing cylinder samples. The measurement system and extend the useful steel to handle corrosive gases. cylinder gas concentration must be verified life of components. All filters shall be 6.1.10 Data Recorder. A strip chart within 1 month prior to the use of the fabricated of materials that are nonreactive recorder, analog computer, or digital calibration gas. Due to the relatively high recorder, for recording measurement data. with HCl. Some types of glass filters are uncertainty of HCl calibration gas values, The data recorder resolution (i.e., readability) known to react with HCl. difficulties may develop in meeting the shall be 0.5 percent of span. Alternatively, a 6.1.4 Sample Transport Lines. Stainless performance specifications if the mid-range digital or analog meter having a resolution of steel or polytetrafluoroethylene (PTFE) and high-range calibration gases are not 0.5 percent of span may be used to obtain the tubing shall be heated to a minimum consistent with each other. Where problems ° analyzer responses and the readings may be temperature of 350 F (sufficient to prevent recorded manually. If this alternative is used, are encountered, the consistency of the test condensation and to prevent HCl and NH3 the readings shall be obtained at equally- gas standards may be determined: (1) By from combining into ammonium chloride in spaced intervals over the duration of the comparing analyzer responses for the test the sampling system) to transport the sample sampling run. For sampling run durations of gases with the responses to additional gas to the gas analyzer. less than 1 hour, measurements at 1-minute certified calibration gas standards, (2) by 6.1.5 Sample Pump. Use a leak-free pump intervals or a minimum of 30 measurements, reanalysis of the calibration gases in to pull the sample gas through the system at whichever is less restrictive, shall be accordance with sections 7.2.1 or 7.2.2 of this a flow rate sufficient to minimize the obtained. For sampling run durations greater method, or (3) by other procedures subject to response time of the measurement system. than 1 hour, measurements at 2-minute the approval of EPA. The pump components that contact the intervals or a minimum of 96 measurements, 7.2 Calibration Gas Concentration sample must be heated to a temperature whichever is less restrictive, shall be Verification. There are two alternatives for ° greater than 350 F and must be constructed obtained. establishing the concentrations of calibration of a material that is nonreactive to HCl. 6.1.11 Mass Flow Meters/Controllers. A gases. Alternative No. 1 is preferred. 6.1.6 Sample Flow Rate Control. A mass flow meter having the appropriate 7.2.1 Alternative No. 1. The value of the sample flow rate control valve and rotameter, calibrated range and a stated accuracy of ±2 calibration gases may be obtained from the or equivalent, must be used to maintain a percent of the measurement range is used to vendor’s certified analysis within 1 month ± constant sampling rate within 10 percent. measure the HCl spike flow rate. This device prior to the test. Obtain a certification from These components must be heated to a must be calibrated with the major component the gas manufacturer that identifies the ° temperature greater than 350 F. (Note: The of the calibration spike gas (e.g., nitrogen) analytical procedures and date of tester may elect to install a back-pressure using an NIST traceable bubble meter or certification. regulator to maintain the sample gas equivalent. When spiking HCl, the mass flow 7.2.2 Alternative No. 2. Perform triplicate manifold at a constant pressure in order to meter/controller should be thoroughly analyses of the gases using Method 26 of A protect the analyzer(s) from over- purged before and after introduction of the to part 60 of this chapter. Obtain gas mixtures pressurization, and to minimize the need for gas to prevent corrosion of the interior parts. with a manufacturer’s tolerance not to exceed flow rate adjustments.) 6.1.12 System Flow Measurement. A ±5 percent of the tag value. Within 1 month 6.1.7 Sample Gas Manifold. A sample gas measurement device or procedure to of the field test, analyze each of the manifold, heated to a minimum of 350 °F, is determine the total flow rate of sample gas calibration gases in triplicate using Method used to divert a portion of the sample gas within the measurement system. A rotameter, 26 of appendix A to part 60 of this chapter. stream to the analyzer and the remainder to or mass flow meter calibrated relative to a The tester must follow all of the procedures the by-pass discharge vent. The sample gas laboratory standard to within ±2 percent of in Method 26 (e.g., use midget impingers, manifold should also include provisions for the measurement value at the actual heated Pallflex TX40H175 filter (TFE-glass introducing calibration gases directly to the operating temperature, moisture content, and mat), etc. if this analysis is performed. analyzer. The manifold must be constructed sample composition (molecular weight) is Citation 3 in section 13 of this method of material that is nonreactive to the gas acceptable. A system which ensures that the describes procedures and techniques that being sampled. total sample flow rate is constant within ±2 may be used for this analysis. Record the 6.1.8 Gas Analyzer. Use a nondispersive percent and which relies on an intermittent results on a data sheet. Each of the individual infrared analyzer utilizing the gas filter measurement of the actual flow rate (e.g., HCl analytical results for each calibration gas correlation technique to determine HCl calibrated gas meter) is also acceptable. shall be within 5 percent (or 5 ppm, concentrations. The analyzer shall meet the 6.2 HCl Calibration Gases. The calibration whichever is greater) of the triplicate set applicable performance specifications of gases for the gas analyzer shall be HCl in N2. average; otherwise, discard the entire set and 14246 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules repeat the triplicate analyses. If the average sequence, and make all necessary 9.1.3.2 For nondilution systems, where of the triplicate analyses is within 5 percent adjustments to calibrate the analyzer and the the analyzer calibration error test is of the calibration gas manufacturer’s cylinder data recorder. If necessary, adjust the performed by introducing gases directly to tag value, use the tag value; otherwise, instrument for the specific moisture content the analyzer, the sampling system bias check conduct at least three additional analyses of the samples. Adjust system components to shall be considered invalid if the difference until the results of six consecutive runs agree achieve correct sampling rates. between the gas concentrations displayed by within 5 percent (or 5 ppm, whichever is 9.1.2 Analyzer Calibration Error. Conduct the measurement system for the sampling greater) of the average. Then use this average the analyzer calibration error check in the system bias check and the known gas for the cylinder value. field by introducing calibration gases to the concentration standard exceeds ±7.5 percent 7.3 Calibration Gas Dilution Systems. measurement system at any point upstream of the emission standard or ±1.5 ppm, Sample flow rates of approximately 15 L/min of the gas analyzer in accordance with (whichever is greater) for either the zero or are typical for extractive HCl measurement sections 9.1.2.1 and 9.1.2.2 of this method. the upscale calibration gases. If an invalid systems. These flow rates coupled with 9.1.2.1 After the measurement system has calibration is exhibited, take corrective response times of 15 to 30 minutes will result been prepared for use, introduce the zero, action, and repeat the sampling system bias in consumption of large quantities of mid-range, and high-range gases to the check until acceptable performance is calibration gases. The number of cylinders analyzer. During this check, make no achieved. If adjustment to the analyzer is and amount of calibration gas can be reduced adjustments to the system except those required, first repeat the analyzer calibration by the use of a calibration gas dilution system necessary to achieve the correct calibration error check, then repeat the sampling system in accordance with Method 205 of appendix gas flow rate at the analyzer. Record the bias check. M to part 51 of this chapter, ‘‘Verification of analyzer responses to each calibration gas. 9.1.3.3 For dilution systems (and (Note: A calibration curve established prior Gas Dilution Systems for Field Instrument nondilution systems where all calibration to the analyzer calibration error check may be Calibrations.’’ If this option is used, the tester gases are introduced at the probe), the used to convert the analyzer response to the shall also introduce an undiluted calibration comparison of the analyzer calibration error equivalent gas concentration introduced to gas approximating the effluent HCl results and sampling system bias check the analyzer. However, the same correction concentration during the initial calibration results is not meaningful. For these systems, procedure shall be used for all effluent and the sampling system bias check shall be error test of the measurement system as a calibration measurements obtained during quality assurance check. considered invalid if the difference between the test. the gas concentrations displayed by the 8.0 Test System Performance Specifications 9.1.2.2 The analyzer calibration error check analyzer and the actual gas concentrations shall be considered invalid if the difference exceed ±7.5 percent of the emission standard 8.1 Analyzer Calibration Error. This error in gas concentration displayed by the ± or ±1.5 ppm, (whichever is greater) for either shall be less than 5 percent of the emission analyzer and the concentration of the ± the zero or the upscale calibration gases. If standard concentration or 1 ppm, calibration gas exceeds ±5 percent of the an invalid calibration is exhibited, take (whichever is greater) for zero, mid-, and emission standard concentration or ±1 ppm, corrective action, and repeat the sampling high-range gases. (whichever is greater) for the zero, mid-, or system bias check until acceptable 8.2 Sampling System Bias. This bias shall high-range calibration gases. If an invalid be less than ±7.5 percent of the emission performance is achieved. If adjustment to the ± calibration is exhibited, cross-check or standard concentration or 1.5 ppm recertify the calibration gases, take corrective analyzer is required, first repeat the analyzer (whichever is greater) for zero and mid-range action, and repeat the analyzer calibration calibration error check. gases. error check until acceptable performance is 9.2 Emission Test Procedures 8.3 Analyte Spike Recovery. This achieved. 9.2.1 Selection of Sampling Site and recovery shall be between 70 to 130 percent 9.1.3 Sampling System Bias Check. For Sampling Points. Select a measurement site of the expected concentration of spiked nondilution extractive systems, perform the and sampling points using the same criteria samples calculated with the average of the sampling system bias check by introducing that are applicable to Method 26 of A to part before and after run spikes. calibration gases either at the probe inlet or 60 of this chapter. at a calibration valve installed at the outlet 9.2.2 Sample Collection. Position the 9.0 Sample Collection, Preservation, and sampling probe at the first measurement Storage of the sampling probe. For dilution systems, calibration gases for both the analyzer point, and begin sampling at the same rate as 9.1 Pretest. Perform the procedures of calibration error check and the sampling used during the sampling system bias check. ± sections 9.1.1 through 9.1.3.3 of this method system bias check must be introduced prior Maintain constant rate sampling (i.e., 10 before measurement of emissions (procedures to the point of sample dilution. For dilution percent) during the entire run. Field test in section 9.2 of this method). It is important and nondilution systems, a zero gas and experience has shown that conditioning of to note that after a regulator is placed on an either a mid-range or high-range gas the sample system is necessary for HCl gas cylinder valve, the regulator should (whichever more closely approximates the approximately 1-hour prior to conducting the be purged with dry N2 or dry compressed air effluent concentration) shall be used for the first sample run. This conditioning period for approximately 10 minutes before sampling system bias check. should be repeated after particulate filters are initiating any HCl gas flow through the 9.1.3.1 Introduce the upscale calibration replaced and at the beginning of each new system. This purge is necessary to remove gas, and record the gas concentration day or following any period when the any ambient water vapor from within the displayed by the analyzer. Then introduce sampling system is inoperative. Experience regulator and calibration gas transport lines; zero gas, and record the gas concentration has also shown that prior to adequate the HCl in the calibration gas may react with displayed by the analyzer. During the conditioning of the system, the response to this water vapor and increase system sampling system bias check, operate the analyte spikes and/or the change from an response time. A purge of the system should system at the normal sampling rate, and upscale calibration gas to a representative also be performed at the conclusion of a test make no adjustments to the measurement effluent measurement may be delayed by day prior to removing the regulator from the system other than those necessary to achieve more than twice the normal measurement gas cylinder. Although the regulator wetted proper calibration gas flow rates at the system response time. It is recommended that parts are corrosion resistant, this will reduce analyzer. Alternately introduce the zero and the analyte spikes (see section 9.3 of this the possibility of corrosion developing upscale gases until a stable response is method) be performed to determine if the within the regulator and extend the life of the achieved. The tester shall determine the system is adequately conditioned. The equipment. measurement system response time by sampling system is ready for use when the 9.1.1 Measurement System Preparation. observing the times required to achieve a time required for the measurement system to Assemble the measurement system by stable response for both the zero and upscale equilibrate after a change from a following the manufacturer’s written gases. Note the longer of the two times and representative effluent measurement to a instructions for preparing and note the time required for the measurement representative spiked sample measurement preconditioning the gas analyzer and, as system to reach 95 percent of the step change approximates the calibration gas response applicable, the other system components. in the effluent concentration as the response time observed in section 9.1.3.1 of this Introduce the calibration gases in any time. method. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules 14247

9.2.3 Sample Duration. After completing amount of HCl spike added to the spiked varying the spike ratio over the range from the sampling system bias checks and analyte system. The two-system approach must 1:10 to 1:20. Practical constraints must be spikes prior to a test run, constant rate employ identical sampling systems and applied to allow the tester to spike at an sampling of the effluent should begin. For analyzers and both measurement systems anticipated concentration. Thus, the tester each run, use only those measurements should be calibrated using the same mid- and may use a 100 ppm calibration gas and a obtained after all residual response to high-range calibration standards. The two- spike ratio of 1:10 as default values where calibration standards or spikes are eliminated system approach should be largely unaffected information regarding the expected HCl and representative effluent measurements are by temporal variations in the effluent effluent concentration is not available prior displayed to determine the average effluent concentrations if both measurement systems to the tests. Alternatively, the tester may concentration. At a minimum, this requires achieve the same calibration responses and select another calibration gas standard and/ that the response time of the measurement both systems have the same response times. or lower spike ratio (e.g., 1:20) to more system has elapsed before data are recorded (See Method 301 of this appendix for closely approximate the effluent HCl for calculation of the average effluent appropriate calculation procedures.) The concentration. concentration. Sampling should be single measurement system approach is 9.3.2 Spike Procedure. Introduce the HCl continuous for the duration of the test run. applicable when the concentration of HCl in spike gas mixture at a constant flow rate (±2 The length of data collection should be at the source does not vary substantially during percent) at less than 10 percent of the total least as long as required for sample collection the period of the test. Since the approach sample flow rate. (For example, introduce the by Method 26 of part 60 of this chapter. One depends on the comparison of consecutive HCl spike gas at 1 L/min (±20 cc/min) into hour sampling runs using this method have spiked and unspiked samples, temporal a total sample flow rate of 10 L/min). The provided reliable data for cement kilns. variations in the effluent HCl concentrations spike gas must be preheated before 9.2.4 Validation of Runs. Before and after will introduce errors in determining the introduction into the sample matrix to each run, or if adjustments are necessary for expected concentration of the spiked prevent a localized condensation of the gas the measurement system during the run, samples. If the effluent HCl concentrations stream at the spike introduction point. A repeat the sampling system bias check vary by more than ±10 percent (or ±5 ppm, heated sample transport line(s) containing procedure described in section 9.1.3 of this whichever is greater) during the time multiple transport tubes within the heated method. (Make no adjustments to the required to obtain and equilibrate a new bundle may be used to spike gas up through measurement system until after the drift sample (system response time), it may be the sampling system to the spike checks are completed.) Record the analyzer’s necessary to: (1) Use a dual sampling system introduction point. Use a calibrated flow responses. approach, (2) postpone testing until stable device (e.g., mass flow meter/controller) to 9.2.4.1 If the post-run sampling system emission concentrations are achieved, (3) monitor the spike flow rate. Use a calibrated bias for either the zero or upscale calibration switch to the two-system approach [if flow device (e.g., rotameter, mass flow meter, gas exceeds the sampling system bias possible] or, (4) rely on alternative QA/QC orifice meter, or other method) to monitor the specification, then the run is considered procedures. The dual-sampling system total sample flow rate. Calculate the spike invalid. Take corrective action, and repeat alternative uses two sampling lines to convey ratio from the measurements of spike flow both the analyzer calibration error check sample to the gas distribution manifold. One and total flow. (See equation 2 and 3 in procedure (section 9.1.2 of this method) and of the sample lines is used to continuously section 10.2 of this method.) the sampling system bias check procedure extract unspiked kiln gas from the source. 9.3.3 Analyte Spiking. Determine the (section 9.1.3 of this method) before The other sample line serves as the analyte approximate effluent HCl concentrations by repeating the run. spike line. One GFC analyzer can be used to examination of preliminary samples. For 9.2.4.2 If the post-run sampling system alternately measure the HCl concentration single-system approaches, determine whether bias for both the zero and upscale calibration from the two sampling systems with the need the HCl concentration varies significantly gas are within the sampling system bias to purge only the components between the with time by comparing consecutive samples specification, then construct two 2-point common manifold and the analyzer. This for the period of time corresponding to at straight lines, one using the pre-run zero and minimizes the time required to acquire an least twice the system response time. (For upscale check values and the other using the equilibrated sample of spiked or unspiked analyzers without sample averaging, estimate post-run zero and upscale check values. Use kiln gas. If the source varies by more than ±10 average values for two to five minute periods the slopes and y-intercepts of the two lines percent or ±5 ppm, (whichever is greater) by observing the instrument display or data to calculate the gas concentration for the run during the time it takes to switch from the recorder output.) If the concentration of the in accordance with equation 1 of this unspiked sample line to the spiked sample individual samples varies by more than ±10 method. line, then the dual-sampling system percent relative to the mean value or ±5 ppm, 9.3 Analyte Spiking—Self-Validating alternative approach is not applicable. As a (whichever is greater), an alternate approach Procedure. Use analyte spiking to verify the last option, (where no other alternatives can may be needed. effectiveness of the sampling system for the be used) a humidified nitrogen stream may 9.3.3.1 Adjust the spike flow rate to the target compounds in the actual kiln gas be generated in the field which approximates appropriate level relative to the total flow by matrix. Quality assurance (QA) spiking the moisture content of the kiln gas. Analyte metering spike gas through a calibrated mass should be performed before and after each spiking into this humidified stream can be flow meter or controller. Allow spike flow to sample run. The spikes may be performed employed to assure that the sampling system equilibrate within the sampling system for at following the sampling system bias checks is adequate for transporting the HCl to the least the measurement system response time (zero and mid-range system calibrations) GFC analyzer and that the analyzer’s water and a steady response to the spike gas is before each run in a series and also after the interference rejection is adequate. observed before recording response to the last run. The HCl spike recovery should be 9.3.1 Spike Gas Concentration and Spike spiked gas sample. Next, terminate the spike within ±30 percent as calculated using Ratio. The volume of HCl spike gas should gas flow and allow the measurement system equations 1 and 2 of this method. Two not exceed 10 percent of the total sample to sample only the effluent. After the general approaches are applicable for the use volume (i.e., spike to total sample ratio of measurement system response time has of analyte spiking to validate a GFC HCl 1:10) to ensure that the sample matrix is elapsed and representative effluent measurement system: (1) Two independent relatively unaffected. An ideal spike measurements are obtained, record the measurement systems can be operated concentration should approximate the native effluent unspiked concentration. concurrently with analyte spikes introduced effluent concentration, thus the spiked Immediately calculate the spike recovery. to one of the systems, or (2) a single sample concentrations would represent 9.3.3.2 If the spike recovery is not within measurement system can be used to analyze approximately twice the native effluent acceptable limits and a change in the effluent consecutively, spiked and unspiked samples concentrations. The ideal spike concentration concentration is suspected as the cause for in an alternating fashion. The two-system may not be achieved because the native HCl exceeding the recovery limit, repeat the approach is similar to Method 301 of this concentration cannot be accurately predicted analyte spike procedure without making any appendix and the measurement bias is prior to the field test, and limited calibration adjustments to the analyzer or sampling determined from the difference in the paired gas standards will be available during the system. If the second spike recovery falls concurrent measurements relative to the field test. Some flexibility is available by within the recovery limits, disregard the first 14248 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Proposed Rules attempt and record the results of the second spikes shall be used to determine if spike chart recorders, or by averaging all of the spike. recovery is between 70 and 130 percent. effluent measurements. Alternatively, the 9.3.3.3 Analyte spikes must be performed average may be calculated from before and after each test run. Sampling 10.0 Data Analysis and Emission Calculations measurements recorded at equally spaced system bias checks must also be performed intervals over the entire duration of the run. The average gas effluent concentration is before and after each test run. Depending on For sampling run durations of less than 1- the particular sampling strategy and other determined from the average gas hour, average measurements at 2-minute constraints, it may be necessary to compare concentration displayed by the gas analyzer effluent data either immediately before or and is adjusted for the zero and upscale intervals or less, shall be used. For sampling immediately after the spike sample to sampling system bias checks, as determined run durations greater than 1-hour, determine the spike recovery. Either method in accordance with section 9.2.3 of this measurements at 2-minute intervals or a is acceptable provided a consistent approach method. The average gas concentration minimum of 96 measurements, whichever is is used for the test program. The average displayed by the analyzer may be determined less restrictive, shall be used. Calculate the spike recovery for the pre-and post-run by integration of the area under the curve for effluent gas concentration using equation 1.

 −  ()Cavg b c ()m+ m   +()b + b i f   i f  mc  C = (Eq. 322-1) gas 2

Where: SM=Mean concentration of duplicate analyte harm to personnel health and welfare or bc=Y-intercept of the calibration least-squares spiked samples (observed). plant or personal property. line. CE=Expected concentration of analyte spiked samples (theoretical). 12.0 Waste Management bf=Y-intercept of the final bias check 2-point Gas standards of HCl are handled as line. CE=CS(QS/QT)+SU(1¥QS/QT) (Eq. 322–3) according to the instructions enclosed with bi=Y-intercept of the initial bias check 2- Where: the materials safety data sheets. point line. CS=Concentration of HCl spike gas (cylinder Cgas=Effluent gas concentration, as measured, tag value). 13.0 References ppm. QS=Spike gas flow rate. 1. Peeler, J.W., Summary Letter Report to Cavg=Average gas concentration indicated by QT=Total sample flow rate (effluent sample Ann Dougherty, Portland Cement gas analyzer, as measured, ppm. flow plus spike flow). Association, June 20, 1996. mc=Slope of the calibration least-squares SU=Native concentration of HCl in unspiked 2. Test Protocol, Determination of line. effluent samples. Hydrogen Chloride Emissions from Cement mf=Slope of the final bias check 2-point line. Acceptable recoveries for analyte spiking Kilns (Instrumental Analyzer Procedure) mi=Slope of the initial bias check 2-point are ±30 percent. Revision 4; June 20, 1996. line. 3. Westlin, Peter R. and John W. Brown. 11.0 Pollution Prevention The following equations are used to Methods for Collecting and Analyzing Gas determine the percent recovery (%R) for Gas extracted from the source and analyzed Cylinder Samples. Source Evaluation Society analyte spiking: or vented from the system manifold shall be Newsletter. 3(3):5–15. September 1978. either scrubbed, exhausted back into the × %R=(SM/CE) 100 (Eq. 322–2) stack, or discharged into the atmosphere [FR Doc. 98–6678 Filed 3–23–98; 8:45 am] Where: where suitable dilution can occur to prevent BILLING CODE 6560±50±P federal register March 24,1998 Tuesday Center; Notices Rehabilitation EngineeringResearch Inviting ApplicationsforaNew Priority forFiscalYears1998±99and Rehabilitation Research;FinalFunding National InstituteonDisabilityand Education Department of Part III 14249 14250 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

DEPARTMENT OF EDUCATION Note: This notice of a final priority does authorize the RERC to conduct survey not solicit applications. A notice inviting research on the number of such National Institute on Disability and applications under this competition is incidents because it is outside the scope Rehabilitation Research; Notice of a published in this issue of the Federal of the congressional mandate and the Register. Final Funding Priority for Fiscal Years resources allocated to this RERC. 1998±1999 for a Rehabilitation Analysis of Comments and Changes Changes: None. Engineering Research Center Comment: The RERC should be On January 27, 1998, the Secretary required to develop economically published a notice of a proposed AGENCY: Department of Education. effective systems for the delivery of priority in the Federal Register (63 FR SUMMARY: The Secretary announces a prosthetic services for amputees whose 4148–4150). The Department of final funding priority for a stump conditions require surgical or Education received 3 letters Rehabilitation Engineering Research other therapeutic intervention prior to commenting on the notice of a proposed Center (RERC) under the National prosthetic management. Institute on Disability and priority by the deadline date. Technical Discussion: Issues related to person or Rehabilitation Research (NIDRR) for and other minor changes—and device interfaces are important in fiscal years 1998–1999. The Secretary suggested changes the Secretary is not prosthetic research and development. takes this action to focus research legally authorized to make under An applicant could propose to address attention on an area of national need. statutory authority—are not addressed. surgical or other interventions This priority is intended to improve Comment: The fields of medicine, preliminary to prosthetic applications. rehabilitation services and outcomes for engineering, and prosthetics and The peer review process will evaluate individuals with disabilities. orthotics will play critical roles in the the merits of the proposal. However, successful completion of this project. EFFECTIVE DATE: This priority takes effect addressing surgical or other These disciplines should be on April 23, 1998. interventions preliminary to prosthetic appropriately represented on the RERC’s FOR FURTHER INFORMATION CONTACT: applications is not required because staff and the principal investigator there is insufficient evidence about the Donna Nangle. Telephone: (202) 205– should be recruited from one of these 5880. Individuals who use a unique aspects of this problem related three disciplines. to land mine incidents to warrant telecommunications device for the deaf Discussion: Individuals with requiring all applicants to conduct this (TDD) may call the TDD number at (202) backgrounds in these three disciplines study. 205–2742. Internet: are expected to make significant l Changes: None. Donna [email protected] contributions to the completion of the Individuals with disabilities may project. Applicants have the discretion Description of the Rehabilitation obtain this document in an alternate to propose key personnel, and an Engineering Research Center Program format (e.g., Braille, large print, applicant could propose to have a RERCs carry out research or audiotape, or computer diskette) on principal investigator with a demonstration activities by: request to the contact person listed in background in medicine, engineering, or (a) Developing and disseminating the preceding paragraph. prosthetics and orthotics. The peer innovative methods of applying SUPPLEMENTARY INFORMATION: This review process will evaluate the merits advanced technology, scientific notice contains a final priority under the of the proposed personnel. achievement, and psychological and Disability and Rehabilitation Research Changes: None. social knowledge to (1) solve Projects and Centers program for an Comment: Information is needed on rehabilitation problems and remove RERC related to improved technology the various types of injuries that occur environmental barriers, and (2) study access for land mine survivors. in land mine incidents. Land mine new or emerging technologies, products, The authority for RERCs is contained incidents almost always result in the or environments; in section 204(b)(3) of the Rehabilitation need for lower limb amputation. (b) Demonstrating and disseminating Act of 1973, as amended (29 U.S.C. However, we have insufficient (1) innovative models for the delivery of 762(b)(3)). Under this program the information on the nature and number cost-effective rehabilitation technology Secretary makes awards to public and of incidents that also result in services to rural and urban areas, and (2) private agencies and organizations, concomitant visual and hearing deficits, other scientific research to assist in including institutions of higher or severe facial scarring. In addition, the meeting the employment and education, Indian tribes, and tribal RERC should develop ‘‘special technical independent living needs of individuals organizations, to conduct research, assistance’’ to aid survivors with with severe disabilities; or demonstration, and training activities disabilities in addition to lower limb (c) Facilitating service delivery regarding rehabilitation technology in amputation. systems change through (1) the order to enhance opportunities for Discussion: The RERC is required to development, evaluation, and meeting the needs of, and addressing ‘‘Identify the needs of land mine dissemination of consumer-responsive the barriers confronted by, individuals survivors for other types of and individual and family centered with disabilities in all aspects of their rehabilitation technologies which may innovative models for the delivery to lives. An RERC must be operated by or include but need not be limited to both rural and urban areas of innovative in collaboration with an institution of vision, hearing and speech aids, and cost-effective rehabilitation technology higher education or a nonprofit wheelchairs.’’ In carrying out this services, and (2) other scientific organization. activity, the RERC will address the research to assist in meeting the The authority for the Secretary to commenter’s concern regarding employment and independent living establish research priorities by reserving technical assistance and generate needs of individuals with severe funds to support particular research information on the rehabilitation needs disabilities. activities is contained in sections 202(g) of persons who experience concomitant Each RERC must provide training and 204 of the Rehabilitation Act of visual and hearing deficits or severe opportunities to individuals, including 1973, as amended (29 U.S.C. 761a(g) facial scarring that occur in land mine individuals with disabilities, to become and 762). incidents. The priority does not researchers of rehabilitation technology Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14251 and practitioners of rehabilitation available materials, resources, and economies), and other prosthetic and technology in conjunction with expertise in the relevant countries, and orthotic devices; training indigenous institutions of higher education and must also concentrate on building technicians, manufacturers, and health nonprofit organizations. capacity in those nations for design and care providers in the fabrication and fitting, manufacture, distribution, fitting of appropriate devices; and Priority maintenance, and provision of supports educating land mine survivors and their Under 34 CFR 75.105(c)(3), the and services. This RERC will have broad families. The RERC shall: Secretary gives an absolute preference to scope in the development of devices (1) Develop a sound scientific process applications that meet the following through scientific methods, training of for evaluating the suitability of existing priority. The Secretary will fund under indigenous scientists, service providers, devices, assessing user needs, this competition only applications that and advocates, and transferring developing new and innovative designs, meet this absolute priority. technology to the local economies. and testing inexpensive replacement Priority: Improved Technology Access There are many national and limbs, prototypes of prostheses, for Land Mine Survivors Background international organizations that play a orthoses, and other appropriate role in addressing the problems of land rehabilitation technology devices; In the House Report accompanying mine survivors and the Center should (2) Identify and evaluate existing the appropriations for the Department of involve relevant organizations in technologies and systems used for limb Education, it is stated that: appropriate roles in Center operations. replacement and related rehabilitation The Committee has included up to Included in this group are organizations technology in various nations where $850,000 within the amounts available of survivors themselves; such consumer there are extensive land mine injuries; to NIDRR to establish, through a organizations are important targets of (3) Demonstrate the suitability of competitive award, a rehabilitation education, information, and training, proposed devices in terms of cost- engineering research center dealing with particularly in the areas of self-help, effectiveness and appropriateness to the the unique needs of land mine maintenance of devices, and the need indigenous economies, including survivors. The center is to operate in for accommodations, supports, and available materials, work force cooperation with an institution of follow up care. Because so many of the capabilities, and infrastructure capacity higher education involved in both victims of land mines are children, for timely production and delivery of rehabilitation medicine and engineering special attention must be directed devices; research, training and service and is to toward the special needs of children (4) Identify the needs of land mine focus on the unique rehabilitation needs who are growing and developing, and survivors for other types of of the victims of land mine injuries. for whom most prostheses or orthoses rehabilitation technologies which may Specifically, the center is to focus on the therefore will have a limited period of include but need not be limited to development of inexpensive utility. The Center may opt to address vision, hearing and speech aids, and replacement limbs; the development these problems through technological wheelchairs; and dissemination of educational solutions where feasible, or through (5) Develop and maintain a database materials on prosthetics, and other partnerships that will provide ongoing to track and correlate consumer needs appropriate prosthetic, orthotic, or care and support. and characteristics, device specification assistive technology devices; and the The work of this RERC will have and performance, and outcomes and training of health care providers in implications for the United States conduct a definitive evaluation of the effective methods of assistance to this population as well. There is a products and procedures; population. continuing need for new and different In carrying out the purposes of the In response to this directive, the types of prostheses and orthoses in the priority, the RERC must: Secretary is establishing the following United States and other developed • Address the needs of land mine priority. Both the Congress and NIDRR nations, with special need for prosthetic survivors of all ages, with particular are aware of the historic significance of and orthotic devices and other attention to systems for meeting the periods of international conflict in rehabilitation technology that is suitable changing needs of growing children; stimulating the science of rehabilitation for different climates, low-cost, and • Conduct, in the third year of the to develop solutions to the impairments appropriate in various cultures. New award, a state-of-the-science conference caused by sustained large-scale conditions of health care delivery and provide NIDRR with a report on this violence. Most recently, survivors of portend limited resources for conference by the end of the fourth year; land mine injuries in dozens of nations rehabilitation technologies and services • Conduct training of health care in Latin America, Europe, Africa, and and durable medical equipment; thus providers in affected nations in effective Asia are in need of innovative solutions there will be a greater emphasis on methods of providing rehabilitative to address the loss of limbs and other durability, endurance, cost containment, assistance to this population; and conditions such as sensory and ease of maintenance. This Center’s • Collaborate with key international impairments, communication activities will contribute to advancing organizations and government agencies impairments, burns, and other science, broadening knowledge of in the affected nations, with consumer conditions caused by anti-personnel materials and methods, and increasing organizations of land mine survivors, land mines. our understanding of and sensitivity to and with rehabilitation researchers and Because most of those with unmet cultural and economic concerns in service providers, and other Federal needs are located in countries that are provision of these rehabilitation agencies including the Department of either not industrialized, lack technologies. Defense, the Agency for International infrastructures for rehabilitative Priority: The Secretary will establish Development, the Centers for Disease services, or lack economic resources, the an RERC to address the unique Control, and the Department of approaches to meeting these needs must rehabilitation needs of land mine Veterans’ Affairs. be tailored to their particular survivors through developing and circumstances. Solutions, which will testing appropriate innovative Electronic Access to This Document focus on, but not be limited to, limb replacement limbs (particularly low-cost Anyone may view this document, as replacement, must be suitable for the limbs suitable for developing well as all other Department of 14252 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Education documents published in the technology services, in order to enhance GCST. However, the Department is not Federal Register, in text or portable the opportunities to better meet the able to reproduce in an alternate format document format (pdf) on the World needs of, and address the barriers the standard forms included in the Wide Web at either of the following confronted by, individuals with application package. sites: disabilities in all aspects of their lives. FOR FURTHER INFORMATION CONTACT: http://ocfo.ed.gov/fedreg.htm Deadline for Transmittal of Donna Nangle, U.S. Department of http://www.ed.gov/news.html Applications: May 26, 1998. Education, 600 Maryland Avenue, S.W., To use the pdf you must have the Application Available: March 25, room 3418, Switzer Building, Adobe Acrobat Reader Program with 1998. Washington, D.C. 20202–2645. Search, which is available free at either Maximum Award Amount per Year: Telephone: (202) 205–5880. Individuals of the preceding sites. If you have $850,000. who use a telecommunications device questions about using the pdf, call the Note: The Secretary will reject without for the deaf (TDD) may call the TDD U.S. Government Printing Office toll consideration or evaluation any application number at (202) 205–2742. Internet: free at 1–888–293–6498. that proposes a project funding level that [email protected] Anyone may also view these exceeds the stated maximum award amount Individuals with disabilities may per year (See 34 CFR 75.104(b)). documents in text copy only on an obtain this document in an alternate electronic bulletin board of the Estimated Number of Awards: 1. format e.g., Braille, large print, Department. Telephone: (202) 219–1511 Note: The estimate of funding level and audiotape, or computer diskette on or, toll free, 1–800–222–4922. The awards in this notice do not bind the request to the contact person listed in documents are located under Option Department of Education to a specific level the preceding paragraph. G—Files/Announcements, Bulletins and of funding or number of grants. Electronic Access to This Document Press Releases. Project Period: 60 months. Note: The official version of this document Eligible Applicants: Parties eligible to Anyone may view this document, as is the document published in the Federal apply for grants under this program are well as all other Department of Register. States; public or private agencies, Education documents published in the Applicable Program Regulations: 34 CFR including for-profit agencies; public or Federal Register, in text or portable Part 350. private organizations, including for- document format (pdf) on the World Program Authority: 29 U.S.C. 760–762. profit organizations; institutions of Wide Web at either of the following (Catalog of Federal Domestic Assistance higher education; and Indian tribes and sites: Number 84.133E, Rehabilitation Engineering tribal organizations. http://ocfo.ed.gov/fedreg.htm Research Centers) Applicable Regulations: (a) The http://www.ed.gov/news.html Dated: March 18, 1998. Education Department General To use the pdf you must have the Judith E. Heumann, Administrative Regulations (EDGAR), Adobe Acrobat Reader Program with Assistant Secretary for Special Education and 34 CFR Parts 74, 75, 77, 80, 81, 82, 85, Search, which is available free at either Rehabilitative Services. and 86; (b) Disability and Rehabilitation of the preceding sites. If you have [FR Doc. 98–7577 Filed 3–23–98; 8:45 am] Research Projects and Centers—34 CFR questions about using the pdf, call the BILLING CODE 4000±01±P Part 350, particularly Rehabilitation U.S. Government Printing Office toll Engineering Research Centers in free at 1–888–293–6498. Subpart D; and (c) the notice of final Anyone may also view these DEPARTMENT OF EDUCATION funding priority on Improved documents in text copy only on an Technology Access for Land Mine [CFDA No.: 84.133E] electronic bulletin board of the Survivors published elsewhere in this Department. Telephone: (202) 219–1511 Office of Special Education and issue of the Federal Register. or, toll free, 1–800–222–4922. The Rehabilitative Services, National For Applications Contact: The Grants documents are located under Option Institute on Disability and and Contracts Service Team (GCST), G—Files/Announcements, Bulletins and Rehabilitation Research; Notice Department of Education, 600 Press Releases. Independence Avenue S.W., Switzer Inviting Applications for a New Note: The official version of this document Rehabilitation Engineering Research Building, 3317, Washington, D.C. 20202, or call (202) 205–8207. Individuals who is the document published in the Federal Center for Fiscal Year 1998 Register. use a telecommunications device for the PROGRAM AUTHORITY: Purpose of Program: Rehabilitation deaf (TDD) may call the TDD number at 29 U.S.C. 760–762. Engineering Research Centers (RERCs) (202) 205–9860. The preferred method Dated: March 18, 1998. conduct research, demonstration, and for requesting information is to FAX Judith E. Heumann, training activities regarding your request to (202) 205–8717. Assistant Secretary for Special Education and rehabilitation technology—including Individuals with disabilities may Rehabilitative Services. rehabilitation engineering, assistive obtain a copy of the application package [FR Doc. 98–7578 Filed 3–23–98; 8:45 am] technology devices, and assistive in an alternate format by contacting the BILLING CODE 4000±01±P federal register March 24,1998 Tuesday Department ofDefense;Notice Personnel DemonstrationProject; Proposed CivilianAcquisitionWorkforce Management Office ofPersonnel Part IV 14253 14254 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

OFFICE OF PERSONNEL organizations to be heard. Priority will B. Broadbanding MANAGEMENT be given to those on the schedule, with C. Classification others speaking in any remaining D. Contribution-based Compensation and Proposed Civilian Acquisition available time. Each speaker’s Appraisal System Workforce Personnel Demonstration E. Special Situations Related to Pay presentation will be limited to five F. Revised Reduction-In-Force (RIF) Project; Department of Defense (DoD) minutes. Written comments may be Procedures submitted to supplement oral testimony AGENCY: Office of Personnel G. Academic Degree and Certificate during the public comment period. Training Management. ADDRESSES: Comments may be mailed to H. Sabbaticals ACTION: Notice of intent to implement Helen C. Onufrak, U.S. Office of IV. Training demonstration project. Personnel Management, 1900 E Street A. Supervisors B. Administrative Staff SUMMARY: Title VI of the Civil Service NW., Room 7460, Washington, DC C. Employees Reform Act, 5 U.S.C. 4703, authorizes 20415. V. Conversion the Office of Personnel Management FOR FURTHER INFORMATION CONTACT: On A. Conversion to the Demonstration Project (OPM) to conduct demonstration proposed demonstration project: OSD B. Conversion Back to the Former System projects that experiment with new and Greg Giddens, Acquisition Workforce VI. Project Duration different personnel management Personnel Demonstration, 5203 VII. Evaluation Plan concepts to determine whether such Leesburg Pike, Suite 1404, Falls Church, VIII. Demonstration Project Costs A. Step and Promotion Buy-Ins changes in personnel policy or VA 22041, 703–602–8652; on proposed B. Out-Year Project Costs procedures would result in improved demonstration project and public C. Personnel Policy Boards Federal personnel management. hearings: OPM Helen C. Onufrak, U.S. D. Developmental Costs Section 4308 of the National Defense Office of Personnel Management, 1900 E IX. Required Waivers to Law and Regulations Authorization Act for Fiscal Year 1996 Street NW., Room 7460, Washington, A. Waivers to title 5, United States Code (Pub. L. 104–106; 10 U.S.C.A. § 1701 DC 20415, 202–606–1506. B. Waivers to title 5, Code of Federal note), as amended by section 845 of the SUPPLEMENTARY INFORMATION: The Regulations National Defense Authorization Act for Department of Defense (DoD) has I. Executive Summary Fiscal Year 1998 (Pub. L. 105–85), submitted a proposed demonstration The project was designed by a Process permits the Department of Defense project entitled ‘‘Department of Defense Action Team (PAT) under the uthority (DoD), with the approval of OPM, to Acquisition Workforce Personnel of the Under Secretary of Defense for conduct a personnel demonstration Demonstration Project’’ for Acquisition and Technology, with the project within the Department’s civilian consideration under chapter 47 of title participation of and review by DoD and acquisition workforce and those 5, United States Code. supporting personnel assigned to work The purpose of this project is to the Office of Personnel Management directly with the acquisition workforce. demonstrate a flexible and responsive (OPM). The purpose of the project is to DoD is proposing a demonstration personnel system that will enhance the enhance the quality, professionalism, project to cover the civilian acquisition Department’s ability to attract, retain, and management of the DoD acquisition workforce and teams of personnel, more and motivate a high-quality workforce. workforce through improvements in the than half of which consist of members To this end, the proposed project efficiency and effectiveness of the of the acquisition workforce and the involves: (1) Expansion of the candidate human resources management system. remainder of which consist of selection process; (2) establishment of The project interventions will strive to supporting personnel assigned to work three appointment authorities achieve the best workforce for the directly with the acquisition workforce, (permanent, modified term, and acquisition mission, adjust the throughout DoD. The total number of temporary limited); (3) extended workforce for change, and improve participants is limited to 95,000. probationary period for new employees workforce quality. The project framework addresses all aspects of the DATES: Comment date: To be in certain circumstances; (4) modified human resources life-cycle model. considered, written comments must be reduction-in-force (RIF) procedures; (5) submitted on or before public hearings broadbanding; (6) simplified job II. Introduction will be scheduled as follows: classification; (7) a contribution-based A. Purpose 1. 23 April 1998, 10 A.M.; at Essayons compensation and appraisal system; (8) Theater Bldg 219, 19th St., Ft. Belvoir, academic degree and certificate training; The purpose of the project is to VA 22060. (9) sabbaticals; and (10) a voluntary demonstrate that the effectiveness of 2. 30 April 1998, 10 A.M.; at 100 N. emeritus program. DoD acquisition can be enhanced by Sepulveda Blvd., Conference Room Dated: March 18, 1998. allowing greater managerial control over personnel processes and functions and, Plaza Level, El Segundo, CA 90245. Office of Personnel Management. 3. 5 May 1998, 10 A.M.; at Air Force at the same time, expand the Janice R. Lachance, Museum Auditorium, 1100 Spaatz St., opportunities available to employees Wright-Patterson AFB, OH 45433–7102. Director. through a more responsive and flexible At the time of the hearings, interested Table of Contents personnel system. The quality of DoD persons or organizations may present I. Executive Summary acquisition activities, people, and their written or oral comments on the II. Introduction products has been under intense proposed demonstration project. The A. Purpose scrutiny in recent years. The perceived hearings will be informal. However, B. Problems with the Present System deterioration of quality is believed to be anyone wishing to testify should contact C. Changes Required/Expected Benefits due, in substantial part, to the erosion D. Bargaining Requirements the person listed under FOR FURTHER of control that line managers have over E. Participating Organizations INFORMATION CONTACT and state the F. Participating Employees their human resources. This hearing location, so that OPM can plan G. Project Design demonstration project will provide the hearings and provide sufficient time III. Personnel System Changes managers, at the lowest practical level, for all interested persons and A. Hiring and Appointment Authorities the authority, control, and flexibility Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14255 they need to achieve quality acquisition of many of today’s personnel processes included as part of the demonstration processes and quality products. This and the diffused authority, project unless the exclusive project not only provides a system that accountability, and approval chains representative and the agency have retains, recognizes, and rewards throughout the organizations, result in a entered into a written agreement employees for their contribution, but workforce that cannot posture itself for covering participation in and also supports their personal and the rapidly changing technological and implementation of this project. The professional growth. business environment. Also, the current parties may use mediation or any other personnel system does not provide an mutually acceptable means to resolve B. Problems With the Present System environment that motivates employees disputes over the implementation of the One of the goals of the Defense to continue to increase their project with respect to unit employees. Acquisition Workforce Improvement contribution to the organization and the Neither party may request the assistance Act (DAWIA) is to create well-trained, mission. This demonstration is designed of the Federal Service Impasses Panel to multi-skilled professionals who can to provide an encouraging environment resolve such disputes. that promotes the growth of all completely and effectively manage Either labor or management may employees and to improve the local multi-million-dollar programs. unilaterally withdraw from negotiations acquisition managers’ ability and Additionally, Integrated Product Teams over the application of this authority to manage the acquisition (IPTs) require multi-skilled personnel demonstration project to bargaining unit workforce effectively. who can function in a dynamic team members at any time up until final environment. The acquisition C. Changes Required/Expected Benefits agreement approval, without such professional who thinks ‘‘outside the This project will demonstrate that a action being considered an unfair labor box,’’ can operate effectively in more human resource system tailored to the practice under Section 7116 of title 5, than one functional area, and is willing mission and needs of the DoD United States Code for refusing to to take managed risks, will be the acquisition workforce will result in: (a) negotiate in good faith. individual most likely to be a high Increased quality in the acquisition Written agreements addressing the contributor to the team. Because of this, workforce and the products it acquires; initial implementation of the the current personnel system must be (b) increased timeliness of key demonstration project to bargaining unit re-engineered to provide incentives and personnel processes; (c) workforce data members are subject to higher-level rewards to employees who exhibit these trends toward higher retention rates of review and approval within DoD prior characteristics and who increase their ‘‘excellent contributors’’ and separation to implementation. This review is to contribution to the acquisition mission rates of ‘‘poor contributors’’; (d) ensure local agreements comply with accordingly. Hiring restrictions and increased satisfaction of serviced DoD the requirements of the demonstration overly complex job classifications customers with the acquisition process project and any Service-wide unduly exhaust valuable resources and and its products; and (e) increased implementing directives. The decision unnecessarily detract attention from the workforce satisfaction with the of the higher-level review is not subject acquisition mission. Managers must be personnel management system. to third-party intervention or review. able to compete with the private sector The DoD acquisition workforce Written agreements established under for the best talent and be able to make demonstration program builds on the this paragraph shall be considered timely job offers to potential employees. features of demonstration projects at the ‘‘local agreements subject to a national Those same managers need the tools to Air Force Research Laboratory, or controlling agreement at a higher reward employees for excellence, so that Department of the Navy (China Lake), level’’ as provided in 5 U.S.C. the acquisition systems produced reflect and National Institute of Standards and 7114(c)(4), and the approved the quality of such a workforce. A Technology (NIST). The long-standing demonstration project shall be contribution-based compensation Department of the Navy (China Lake) considered a ‘‘national agreement’’ system will help managers acquire these and NIST demonstration projects have under that section. tools and provide a forum in which to produced impressive statistics on job Once a written agreement is reached apply them. The acquisition process is satisfaction for their employees versus continually changing and is moving that for the Federal workforce in and approved allowing for the local more toward a team environment; general. Therefore, in addition to the implementation of the project, all therefore, managers must be given local expected benefits mentioned above, it is subsequent negotiations during the life control of positions and their anticipated that the DoD acquisition of the project shall be subject to binding classification in order to move workforce demonstration project will impasse procedures under Section 7119 employees freely within their result in more satisfied employees as a of title 5, United States Code, or to organization when demanded by the consequence of the demonstration’s pay alternative impasse procedures agreed mission, and to provide developmental equity, classification accuracy, and to by the parties. opportunities for employees. fairness of performance management. A E. Participating Organizations Additionally, managers have only full range of measures will be collected limited tools to shape the workforce to during project evaluation (sections VII The DoD Acquisition Workforce ensure continued growth of new ideas, and VIII.B). Personnel Demonstration Project will perspectives, and state-of-the art skills include various organizational elements for the 21st century. In summary, D. Bargaining Requirements of the Air Force, Army, Navy, Marine today’s acquisition workforce Employees within a unit to which a Corps, Defense Information Systems management problems appear to be labor organization is accorded exclusive Agency, and Defense Logistics Agency. largely outside the control of the recognition under Chapter 71 of title 5, Participating organizations are shown in acquisition managers. The inflexibility United States Code, shall not be Table 1. 14256 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14257 14258 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14259 14260 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14261 14262 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14263 14264 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14265 14266 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14267 14268 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14269 14270 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14271

F. Participating Employees their covered workforces, the decision demonstration project does not cover was made to restrict development efforts those positions that have previously In determining the scope of the initially to covered General Schedule been identified for coverage by a science demonstration project, primary (GS) positions. Employees covered and technology reinvention laboratory consideration was given to the number under the Performance Management and demonstration project, the U.S. Army and diversity of occupations with the Recognition System Termination Act Europe (USAREUR) demonstration DoD acquisition workforce and the (pay plan code GM) are General project, or the permanent demonstration teams of personnel, more than half of Schedule employees and are covered project at the Naval Command, Control, which consist of members of the under the demonstration project. and Ocean Surveillance Center, San acquisition workforce and the Interns assigned to an organization Diego, CA and the Naval Air Warfare remainder of which consist of participating in this demonstration are Center, Weapons Division, China Lake, supporting personnel assigned to work included. Employees in the Student CA. directly with the acquisition workforce, Temporary Employment Program The job series included in the project as well as the need for adequate (summer hire and stay in school), all are identified in Table 2. To determine development and testing of the positions designated as primary or if your series and organization are Contribution-based Compensation and secondary law enforcement officer included, locate your organization in Appraisal System (CCAS). Additionally, (LEO) positions (5 U.S.C. §§ 5541(3)), Table 1 and then find your job series in current DoD human resource and all positions in the Defense Civilian Table 2. Additional questions, if any, management design goals and priorities Intelligence Personnel System (DCIPS) regarding your specific position should for the entire civilian workforce were (10 U.S.C. Chapter 83) are excluded be addressed to OSD, Acquisition considered. While the intent of this from the Demonstration Project, even if Workforce Personnel Demonstration project is to provide DoD activities with their series and organizations are listed Project Office, or refer to the Web Site increased control and accountability for in Tables 1 and 2. Additionally, this at www.crfpst.wpafb.af.mil/Demo/. 14272 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14273 14274 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14275 14276 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14277 14278 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14279

Qualifying positions in other job series, located in participating organizations, may be phased in during the course of the project, up to the statutory maximum. However, prior OSD and OPM approval would be required. Current demographics and union representation for the positions covered by this demonstration project are shown in Table 3. 14280 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

Of the 71,453 personnel assigned to acquisition workforce personnel issues. initiatives were endorsed and accepted this project, 46,477 are represented by The team included managers from each in total by the acquisition leadership. labor unions. Union representatives of the Military Services and DoD After thorough study, the original 13 have been separately notified about the Components, as well as subject-matter initiatives were refined. Those project and participated in its experts from civilian personnel and appearing herein constitute the development. DoD is proceeding to manpower. This team developed 13 demonstration project for purposes of 5 fulfill its obligation to consult or initiatives that together represent U.S.C. § 4703. The remainder are subject negotiate with the unions, as sweeping changes to the entire spectrum to policies established by OMB and appropriate, in accordance with 5 U.S.C. of human resource management for the DoD; waivers are being sought at those 4703(f). DoD acquisition workforce. Several levels. G. Project Design initiatives were designed to assist DoD III. Personnel System Changes acquisition activities in hiring and In September 1996, a Process Action A. Hiring and Appointment Authorities Team (PAT) was formed by the placing the best people to fulfill mission Secretary of Defense in response to requirements. Others focused on 1. Simplified, Accelerated Hiring Section 4308 of the National Defense developing, motivating, and equitably The complexity of the current system Authorization Act for Fiscal Year 1996 compensating employees based on their and various hiring restrictions create (Pub. L. 104–106; 10 U.S.C. § 1701 note). contribution to the mission. Initiatives delays; hamper management’s ability to The PAT was chartered to take full to manage workforce realignment hire, develop, realign, and retain a opportunity of this legislation and to effectively and maintain organizational quality workforce that is reflective of develop solutions for many DoD excellence were also developed. These our nation’s diversity; and inhibit a Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14281 quick response to economic and Preference eligibles meeting basic occupational series and an overall population changes. Line managers find (minimum) qualifications will receive undergraduate GPA of at least 3.0 on a the complexity limiting as they attempt an additional five or ten points 4.0 scale; and (4) the appointment is to accomplish timely recruitment of (depending on their preference into a position at a pay level lower than needed skills. To compete with the eligibility), added to the minimum the top step of GS–7. Appointments may private sector for the best talent scores identified above. Candidates will also be made at the equivalent of GS– available and be able to make be placed in one of the quality groups 9 through GS–11 on the basis of expeditious job offers, managers need a based on their numerical score, graduate education and experience, but process that is streamlined, easy to including any veterans’ preference with the requirement of a GPA of at administer, and allows for timely job points: Basically Qualified (score of 70 least 3.7 on a scale of 4.0 for graduate offers. In order to create a human and above); Highly Qualified (score of courses in the field of study required for resource management system that 80 and above); or Superior (score of 90 the occupation. Veterans’ preference facilitates mission execution and and above). The names of preference procedures will apply when selecting organization excellence, this eligibles will be entered ahead of others candidates under this authority. demonstration project will respond to having the same numerical score. Preference eligibles who meet the above today’s dynamic environment of For scientific/engineering and criteria will be considered ahead of downsizing, restructuring, and professional positions at the basic rate nonpreference eligibles. Passing over installation closures by obtaining, of pay equivalent to GS–9 and above, any preference eligible(s) to select a developing, utilizing, incentivizing, and candidates will be referred by quality nonpreference eligible requires OPM retaining high-performing employees. groups in the order of the numerical approval under current objection The project will provide a flexible ratings, including any veterans’ procedures. This authority allows for system that can reduce, restructure, or preference points. For all other competitive appointment to positions at renew the workforce quickly to meet positions, (i.e., other than scientific/ the broadband level II. diverse mission needs, respond to engineering and professional positions workload exigencies, and contribute to at the equivalent of GS–9 and above), 2. Appointment Authority quality products, people and preference eligibles with a compensable The DoD acquisition environment is workplaces. service-connected disability of ten seriously affected by variable workload Specifically, this part of the percent or more who meet basic and mission changes that require demonstration project will provide (minimum) eligibility will be listed at flexibility not only in workforce simplified, accelerated hiring that the top of the highest group certified. numbers but required skills and allows participating organizations to Selecting officials should be provided knowledge. The current personnel more rapidly appoint individuals to with a reasonable number of qualified system is unable to rapidly adapt the candidates from which to choose. All positions. Appropriate recruitment workforce to these changes. This candidates in the highest group will be methods and sources will include those demonstration project will provide a certified. If there is an insufficient that are likely to yield quality method to expand and contract the number of candidates in the highest candidates with the knowledge, skills, workforce as needed. Under this group, candidates in the next lower and abilities necessary to perform the demonstration project there will be group may be certified in rank order. duties of the position. three appointment options: permanent, When two or more groups are certified, temporary limited, and modified term (a) Delegated Examining Process candidates will be identified by quality appointments. The permanent option This demonstration project proposes a group (i.e., Superior, Highly Qualified, will be the existing career and career- streamlined examining process. An Basically Qualified) in the order of their applicant’s basic eligibility will be numerical scores. Passing over any conditional appointments. The determined using OPM’s Operating preference eligible(s) to select a temporary limited option will be the Manual ‘‘Qualifications Standards for nonpreference eligible requires approval existing temporary-authority-not-to- General Schedule Positions’’ and under current pass-over or objection exceed-one-year appointments. The DAWIA requirements as needed. procedures. modified term option will be a new Minimum eligibility requirements will appointment authority that is based on be those at the lowest equivalent GS (b) Scholastic Achievement the existing term appointment, but may grade of the appropriate broadband Appointment extend up to five years with a one-year level. Selective placement factors may This project proposes to establish a locally approved extension. Benefits be established in accordance with Scholastic Achievement Appointment and appeal rights are the same as those OPM’s Operating Manual that provides the authority to appoint currently afforded term employees. ‘‘Qualifications Standards for General candidates with degrees to positions Agencies may make a modified term Schedule Positions’’ when judged to be with positive education requirements. appointment for a period that is critical to successful job performance. Candidates may be appointed under this expected to last longer than one year, These factors will be communicated to procedure if: (1) They meet the but not to exceed five years with an applicants and must be met for basic minimum standards for the positions as option for one additional year, when the eligibility. published in OPM’s Operating Manual need for an employee’s service is not Candidates who meet the basic ‘‘Qualification Standards for General permanent. ‘‘minimum’’ qualifications will be Schedule Positions,’’ plus any selective Reasons for making a modified term further evaluated based on knowledge, factors stated in the vacancy appointment include, but are not skills, and abilities which are directly announcement; (2) the occupation has a limited to, carrying out special project linked to the position(s) to be filled. positive education requirement; (3) the work; staffing new or existing programs Based on this assessment, candidates candidate has a cumulative grade point of limited duration; filling a position in will receive numerical scores of 70, 80, average (GPA) of 3.5 or better (on a 4.0 activities undergoing review for or 90. No intermediate scores will be scale) in those courses in those fields of reduction or closure; and replacing granted except for those eligibles who study that are specified in the permanent employees who have been are entitled to veterans’ preference. Qualification Standards for the temporarily assigned to another 14282 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices position, are on extended leave, or have Schedule Positions’’ and applicable and retain the documentation entered military service. DAWIA requirements. throughout the assignment. Selections for modified term Employees hired under the modified Documentation of rejections will be appointments will be made under term appointment authority are in a maintained for two years. competitive examining processes. An temporary status but may be eligible for To ensure success and encourage agency may make a modified term conversion to career-conditional participation, the volunteer’s Federal appointment without regard to the appointments. To be converted, the retirement pay (whether military or existence of an appropriate certificate if employee must (1) have been selected civilian) will not be affected while the there are insufficient eligibles on the for the term position under competitive volunteer is serving in emeritus status. appropriate register and the selectee is: procedures, with the announcement Retired or separated Federal employees (a) A person with eligibility for specifically stating that the individual(s) may accept an emeritus position reinstatement; selected for the term positions(s) may be without a ‘‘break in service’’ or (b) Any veteran who meets the eligible for conversion to career- mandatory waiting period. qualifications for a veterans conditional appointment at a later date; Voluntary Emeritus Corps volunteers readjustment appointment; (2) have served two years of continuous will not be permitted to monitor (c) A person eligible for career or service in the term position; and (3) be contracts on behalf of the Government career-conditional employment under selected under merit promotion but may participate on any contract if §§ 315.601, 315.605, 315.606, 315.607, procedures for the permanent position. no conflict of interest exists. The 315.609, 315.703, or 316.608; Service under a modified term volunteer may be required to submit a (d) A former term employee of the appointment immediately prior to a financial disclosure form annually and agency who left prior to the expiration permanent appointment shall count will not be permitted to participate on of his/her appointment. Reappointment toward the probationary period any contracts where a conflict of interest must be to a position covered by the requirements provided contribution is exists. The same rules that currently adequate and the permanent position is same term authority under which the apply to source selection members will in the same career path as the modified individual previously served, and apply to volunteers. term appointment. service under such reappointment may An agreement will be established not exceed the expiration date of the 3. Voluntary Emeritus Program among the volunteer, the decision- making authority, and the Civilian original term appointment; Under the demonstration project, (e) A disabled veteran who has been Personnel Office. The agreement must Commanders/Directors will have the be finalized before the assumption of retired from active military service with authority to offer retired or separated a disability rating of 30 percent or more, duties and shall include: individuals voluntary assignments in (a) a statement that the service or has been rated by the Department of their activities and to accept the Veterans Affairs within the preceding provided is gratuitous, does not gratuitous services of those individuals. constitute an appointment in the Civil year as having a compensable, service- Voluntary emeritus program connected disability of 30 percent or Service, is without compensation or assignments are not considered other benefits except as provided for in more; employment by the Federal Government (f) A person eligible for acquisition of the agreement itself, and that, except as (except as indicated below). Thus, such provided in the agreement regarding competitive status for career assignments do not affect an employee’s appointment under 5 U.S.C. 3304(c). work-related injury compensation, any entitlement to buy-outs or severance and all claims against the Government (However, a term employee does not payments based on earlier separation acquire a competitive status on the basis because of the service are waived by the from Federal Service. This program may volunteer; of this term appointment; nor does this not be used to replace or substitute for term appointment extend or terminate (b) a statement that the volunteer will work performed by civilian employees be considered a Federal employee for the employee’s eligibility under 5 U.S.C. occupying regular positions required to 3304(c)); or the purposes of: perform the mission of the command. (i) Subchapter I of Chapter 81 of title (g) A temporary employee who is The Voluntary Emeritus Corps will 5, U.S.C. (using the formula established within reach for term appointment to ensure continued quality acquisition by in 10 U.S.C. §§ 1588 for determination the same position from an appropriate allowing higher paid employees to of compensation) (work-related injury register at the time of his/her temporary accept retirement incentives with the compensation); appointment, or during subsequent opportunity to retain a presence in the (ii) Chapter 171 of title 28, U.S.C. (tort service in the position, provided that acquisition community. The program claims procedure); the register was being used for term will be beneficial during manpower (iii) Section 552a of title 5, U.S.C. appointments at the time the employee reductions as program managers, (records maintained on individuals); was reached and he/she has been engineers, and other skilled acquisition and continuously employed in the position professionals accept retirement and (iv) Chapter 11 of title 18, U.S.C. since being reached. return to provide a continuing source of (conflicts of interest). An agency may place a modified term corporate knowledge and valuable on- (c) The volunteer’s work schedule; employee in any other modified term the-job training or mentoring to less (d) Length of agreement (defined by position provided the employee meets experienced employees. length of project or time defined by the qualifying requirements of that To be accepted into the Voluntary weeks, months, or years); position. However, such reassignment Emeritus Corps, a volunteer must be (e) Support provided by the activity will not serve to extend the recommended to the decision-making (travel, administrative, office space, appointment beyond the original term authority by one or more acquisition supplies, etc.); appointment time period. The managers. No one who applies is (f) A one-page statement of duties and qualifications of modified term entitled to an emeritus position. The experience; employees will be determined according decision-making authority must (g) A statement specifying that no to OPM’s Operating Manual document the decision process for each additional time will be added to a ‘‘Qualifications Standards for General applicant (whether accepted or rejected) volunteer’s service credit for such Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14283 purposes as retirement, severance pay, date of the demonstration project will collar’’ work—administrative, technical, and leave as a result of being a member not be affected. Aside from extending clerical, and professional. The system of the Voluntary Emeritus Corps; the probationary period, all other will initially cover only those positions (h) A provision allowing either party features of the current probationary designated by the Defense Acquisition to void the agreement with ten days’ period are retained. Workforce Improvement Act (DAWIA) written notice; and Probationary employees will be in the Department of Defense (i) The level of security access terminated when they fail to acquisition workforce and those required. demonstrate proper conduct, technical positions that support the acquisition 4. Extended Probationary Period competency, and/or adequate workforce. contribution for continued employment. Occupations with similar For employees in the professional When a supervisor decides to terminate characteristics will be grouped together career path, the current one-year an employee serving a probationary into three career paths with broadband probationary period does not always period because his/her work levels designed to facilitate pay provide managers the time needed to contribution or conduct during that progression and to allow for more properly assess the contribution and period fails to demonstrate fitness or competitive recruitment of quality conduct of new hires in the acquisition qualifications for continued candidates at differing rates. environment. Often, new hires are employment, the supervisor shall Competitive promotions will be less required to attend extensive training terminate the employee’s services by frequent and movement through the and/or educational assignments away written notification of the reasons for broadband levels will be a more from their normal work site and outside separation and the effective date of the seamless process than under current the review of their supervisors. A means action. The information in the notice as procedures. Like the previous of extending the opportunity for to why the employee is being broadband systems used at the management to review and evaluate the terminated shall, as a minimum, consist Department of the Navy (China Lake) contribution and potential of new hires of the supervisor’s conclusions as to the and the National Institute of Standards so assigned is needed. Expansion of the inadequacies of the employee’s and Technology (NIST) permanent current one-year probationary period contribution or conduct. demonstration projects, advancement will afford management better control Service under modified term within the system is contingent on over the quality of employees required appointment with no break in service merit. to meet mission needs and provide before a permanent appointment made sufficient opportunity to evaluate There will be four broadband levels in under this demonstration project shall contribution during the beginning of an the demonstration project, labeled I, II, count toward the probationary period acquisition career. III, and IV. Levels I through IV will requirements, provided that the All newly hired permanent career- include the current grades of GS–01 contribution is adequate and the conditional employees in the through GS–15. These are the grades in permanent position is in the same career professional career path may be subject which the DoD acquisition workforce path as the modified term appointment. to an extension of their probationary employees are currently found. period equal to the length of any B. Broadbanding Comparison to the GS grades was used educational/training assignment that in setting the upper and lower dollar 1. Broadband Levels places the employee outside normal limits of the broadband levels; however, supervisory review. The extended The broadbanding system will replace once the employees are moved into the probationary period could apply to non- the current General Schedule (GS) demonstration project, GS grades will status hires, i.e., new hires or those who structure. Currently, the 15 grades of the no longer apply. do not have reemployment or General Schedule are used to classify The three career paths and their reinstatement eligibility. An employee positions and, therefore, to set pay. The associated broadband levels are as appointed prior to the implementation General Schedule covers all ‘‘white- follows: 14284 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14285

Generally, employees will be assigned to any project, task, or function 4. Position Requirements Document converted into the broadband level that requiring similar technical expertise. Under the demonstration project’s includes their permanent GS grade of Likewise, a manager could be assigned classification system, a new position record. Each employee is assured an to manage any similar function or requirements document (PRD) will initial place in the system without loss organization consistent with that replace the current agency-developed of pay. As the rates of the General individual’s qualifications. This position description form. The PRD will Schedule are increased due to General flexibility allows broader latitude in combine the position information, Schedule pay increases, the minimum assignments and further streamlines the staffing requirements, and contribution and maximum rates of the broadband administrative process and system. expectations into a one- or two-page levels will also move up. Individual document. The new PRD will include a employees receive pay increases based C. Classification description of job-specific information, on their appraisals under the 1. Occupational Series reference the CCAS broadband level Contribution-based Compensation and descriptors for the assigned broadband Appraisal System (CCAS). Since pay The present General Schedule level, and provide other information progression through the levels depends classification system has 434 pertinent to the job. Supervisors will on contribution, there will be no occupational series that are divided into use a computer-assisted process to scheduled within-grade increases 22 occupational families. (WGIs) or scheduled General Schedule produce the PRD. The objectives in The acquisition personnel increases for employees once the developing the new PRD are to: (a) demonstration project currently covers broadbanding system is in place. simplify the descriptions and the numerous series in the 22 occupational Special salary rates will no longer be preparation process through families. The occupational series, which applicable to demonstration project automation; (b) provide more flexibility employees. Employees will be eligible frequently provide well-recognized in work assignments; and (c) provide a for the locality pay of their geographical disciplines with which employees wish more useful tool for other functions of area (see section V, paragraph A, to be identified, will be maintained. personnel management, e.g., ‘‘Conversion to the Demonstration This will facilitate movement of recruitment, assessment of contribution, Project’’) with the exception of those personnel into and out of the employee development, and reduction employees stationed at an overseas demonstration project. in force. location. 2. Classification Standards 5. Fair Labor Standards Act Newly hired personnel entering the system will be employed at a level The present system of OPM Fair Labor Standards Act (FLSA) consistent with the expected basic classification standards will be used for exemption or non-exemption qualifications for the level, as identification of proper series and determinations will be made consistent determined by rating against occupational titles of positions within with criteria found in 5 CFR (Code of qualifications standards. The hiring the demonstration project. References in Federal Regulations) Part 551. All employees are covered by the official will determine the starting the position classification standards to FLSA unless they meet criteria for salary based upon available labor grade criteria will not be used as part of exemption. The duties and market considerations relative to special the demonstration project. Rather, the responsibilities outlined in the qualifications requirements, scarcity of CCAS broadband level descriptors, as broadband level descriptors for each pay qualified applicants, programmatic aligned in the three career paths, will be band will be compared to the FLSA urgency, and education/experience of used for the purpose of broadband level criteria and the tentative conclusions the new candidates. determination. These descriptors are programmed into the automated The use of broadbanding provides a derived from the OPM Primary classification system so that the system stronger link between pay and Classification Standard. Under the will be able to generate the FLSA contribution to the mission of the demonstration project, each broadband coverage based upon the user’s selection organization. It is simpler, less time level is represented by a set of consuming, and less costly to maintain. of occupational family, pay band, and descriptors. This eliminates the need for In addition, such a system is more easily supervisory responsibility. Each the use of grading criteria in OPM understood by managers and employees, position will be evaluated on a case-by- classification standards. The broadband is easily delegated to managers, case basis by comparing the duties and level descriptors can be found in section coincides with recognized career paths, responsibilities assigned, the broadband D. and complements the other personnel level descriptors for each broadband management aspects of the 3. Classification Authority level, and the 5 CFR Part 551 FLSA demonstration project. criteria. Under the demonstration, 2. Simplified Assignment Process commanders (or equivalent) will have 6. Classification Appeals Today’s environment of downsizing delegated classification authority and An employee may appeal the and workforce transition mandates that may re-delegate this authority to occupational series, title, or broadband the organization have maximum subordinate management levels. Re- level of his or her own position at any flexibility to assign individuals. delegated classification approval must time. An employee must formally raise Broadbanding enables the organization be exercised at least one management the areas of concern to supervisors in to have the maximum flexibility to level above the first-line supervisor of the immediate chain of command, either assign an employee within broad the employee or position under review. verbally or in writing. If an employee is descriptions, consistent with the needs First-line supervisors will provide not satisfied with the supervisory of the organization and the individual’s classification recommendations. response, he or she may then appeal to qualifications. Assignments may be Personnel specialists will provide on- the DoD appellate level. If an employee accomplished as realignments and do going consultation and guidance to is not satisfied with the DoD response, not constitute a position change. For managers and supervisors throughout he or she may appeal to the Office of instance, a technical expert can be the classification process. Personnel Management only after DoD 14286 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices has rendered a decision under the and will correlate individual determined to be ‘‘under-compensated,’’ provisions of the demonstration project. compensation to organizational mission and smaller than average increases are Appellate decisions from OPM are final contribution. CCAS allows for more permitted for employees who are and binding on all administrative, employee involvement in the deemed to be ‘‘over-compensated’’ in certifying, payroll, disbursing, and performance appraisal process, relation to their organizational accounting officials of the Government. increases communication between contributions. Time periods for case processing under supervisors and employees, promotes a An employee’s performance is a title 5 apply. clear accountability of contribution by component of contribution that An employee may not appeal the each employee, facilitates employee influences the ultimate Overall accuracy of the position requirements progression tied to organizational Contribution Score (OCS). Contribution document, the demonstration project contribution, and provides an is measured by using a set of factors, classification criteria, or the pay-setting understandable basis for salary changes. discriminators, and descriptors, each of criteria; the propriety of a salary Most of the funds previously allocated which is relevant to the success of a schedule; or matters grievable under an for performance-based awards will be DoD acquisition center or unit. Taken reserved for distribution under the administrative or negotiated grievance together, these factors, discriminators, CCAS system, based on employee procedure or an alternative dispute and descriptors capture the critical contribution. resolution procedure. content of jobs in each career path. The CCAS is a contribution-based The evaluation of classification factors, discriminators, and descriptors appraisal system that goes beyond a appeals under this demonstration may not be modified or supplemented. performance-based rating system. That project is based upon the demonstration These factors, discriminators, and is, it measures the employee’s project classification criteria. Case files descriptors are the same as those used contribution to the goals of the will be forwarded for adjudication to classify a position at the appropriate organization, rather than how well the through the Civilian Personnel Office/ broadband level. Human Resources Office (CPO/HRO) employee performed a job as defined by The six (6) factors are: (1) Problem providing personnel service and will a performance plan. Past experience Solving, (2) Teamwork/Cooperation, (3) include copies of appropriate with the existing civilian performance Customer Relations, (4) Leadership/ demonstration project criteria. appraisal system indicates that performance plans are often tailored to Supervision, (5) Communication, and D. Contribution-based Compensation the individual’s level of previous (6) Resource Management. These factors and Appraisal System performance. Hence, an employee may were chosen for evaluating the yearly have been rewarded by salary step contribution of DoD acquisition 1. Overview increases for accomplishing a personnel in the three career paths: (1) The purpose of the Contribution- satisfactory level of performance against Business Management & Technical based Compensation and Appraisal a diminishing set of responsibilities. Management Professional, (2) Technical System (CCAS) is to provide an CCAS promotes salary adjustment Management Support, and (3) equitable and flexible method for decisions made on the basis of an Administrative Support. Each factor has appraising and compensating the DoD individual’s overall annual contribution multiple levels of increasing acquisition workforce. It is central to the when compared to all other employees contribution corresponding to the objectives of the Defense Acquisition and level of compensation. Therefore, broadband levels. Each factor contains Workforce Improvement Act (DAWIA) larger than average salary increases are descriptors for each respective level and the National Performance Review, possible for employees who are within the relevant career path.

CAREER PATH: (1) BUSINESS MANAGEMENT & TECHNICAL MANAGEMENT PROFESSIONAL FACTOR: 1.—PROBLEM SOLVING FACTOR DESCRIPTION This factor describes/captures personal and organizational problem-solving results. EXPECTED PERFORMANCE CRI- TERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Completed work meets project/program objectives. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14287 14288 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

FACTOR: 2.—TEAMWORK/COOPERATION FACTOR DESCRIPTION This factor, applicable to all teams, describes/captures individual and organizational teamwork and cooperation. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Personal and organizational interactions exhibit and foster cooperation and teamwork. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14289 14290 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

FACTOR: 3.—CUSTOMER RELATIONS FACTOR DESCRIPTION This factor describes/captures the effectiveness of personal and organizational interactions with customers (anyone to whom services or products are provided), both internal (within an assigned organization) and external (outside an assigned organization). EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Personal and organizational interactions enhance customer relations and actively promote rapport with customers. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14291

FACTOR: 4.—LEADERSHIP/SUPERVISION FACTOR DESCRIPTION This factor describes/captures individual and organizational leadership and/or supervision. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Leadership and/or supervision effectively promotes commitment to mission accomplishment. Flexibil- ity, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. 14292 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14293

FACTOR: 5.—COMMUNICATION

FACTOR DESCRIPTION This factor describes/captures the effectiveness of oral/written communications. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Communications are clear, concise, and at appropriate level. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. 14294 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

FACTOR: 6.—RESOURCE MANAGEMENT FACTOR DESCRIPTION This factor describes/captures personal and organizational utilization of resources to accomplish the mission. (Resources include, but are not limited to, personal time, equipment and facilities, human resources, and funds.) EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Resources are utilized effectively to accomplish mission. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14295

CAREER PATH: (2) TECHNICAL MANAGEMENT SUPPORT FACTOR: 1.—PROBLEM SOLVING FACTOR DESCRIPTION This factor describes/captures personal and organizational problem-solving. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Completed work meets project/program objectives. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. 14296 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14297

FACTOR: 2.—TEAMWORK/COOPERATION FACTOR DESCRIPTION This factor describes/captures individual and organizational teamwork and cooperation. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Personal and organizational interactions exhibit and foster cooperation and teamwork. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor.

FACTOR: 3.—CUSTOMER RELATIONS FACTOR DESCRIPTION This factor describes/captures the effectiveness of personal and organizational interactions with customers (anyone to whom services or products are provided), both internal (within an assigned organization) and external (outside an assigned organization). 14298 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Personal and organizational interactions enhance customer relations and actively promote rapport with customers. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14299

FACTOR: 4.—LEADERSHIP/SUPERVISION FACTOR DESCRIPTION This factor describes/captures individual and organizational leadership and/or supervision. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Leadership and/or supervision effectively promotes commitment to mission accomplishment. Flexibil- ity, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. 14300 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

FACTOR: 5.—COMMUNICATION

FACTOR DESCRIPTION This factor describes/captures the effectiveness of oral/written communications. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Communications are clear, concise, and at appropriate level. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14301

FACTOR: 6.—RESOURCE MANAGEMENT FACTOR DESCRIPTION This factor describes/captures personal and organizational utilization of resources to accomplish the mission. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Resources are utilized effectively to accomplish mission. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. 14302 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

CAREER PATH: (3) ADMINISTRATIVE SUPPORT FACTOR: 1.—PROBLEM SOLVING FACTOR DESCRIPTION This factor describes/captures personal and organizational problem solving. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Completed work meets project/program objectives. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14303

FACTOR: 2.—TEAMWORK/COOPERATION FACTOR DESCRIPTION This factor describes/captures individual and organizational teamwork and cooperation. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Personal and organizational interactions exhibit and foster coopera- tion and teamwork. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. 14304 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

FACTOR: 3.—CUSTOMER RELATIONS FACTOR DESCRIPTION This factor describes/captures the effectiveness of personal and organizational interactions with customers (anyone to whom services or products are provided), both internal (within an assigned organization) and external (outside an assigned organization). EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Personal and organizational interactions enhance customer relations and actively promote rapport with customers. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14305

FACTOR: 4.—LEADERSHIP/SUPERVISION FACTOR DESCRIPTION This factor describes/captures individual and organizational leadership and/or supervision. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Leadership and/or supervision effectively promotes commitment to mission accomplishment. Flexibil- ity, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. 14306 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

FACTOR: 5.—COMMUNICATION FACTOR DESCRIPTION This factor describes/captures the effectiveness of oral/written communications. EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Communications are clear, concise, and at appropriate level. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14307

FACTOR: 6.—RESOURCE MANAGEMENT FACTOR DESCRIPTION This factor describes/captures personal and organizational utilization of resources to accomplish the mission. (Resources include, but are not limited to, personal time, equipment and facilities, human resources, and funds.) EXPECTED PERFORMANCE CRITERIA (Applicable to all contributions at all levels): Work is timely, efficient, and of acceptable quality. Available resources are utilized effectively to accomplish mission. Flexibility, adaptability, and decisiveness are exercised appropriately. Descriptors indicate the type of contribution appropriate for the high end of each level. Descriptors are not to be used individually to assess contributions, but rather are to be taken as a group to derive a single evaluation of the factor. 14308 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

2. Normal Pay Range (NPR) dollar equivalent of GS–15, step 10. contribution score (OCS) plotted against This encompasses the full salary range their base salary falls on or within the The Contribution-based paid under this demonstration; GS–1, rails are considered ‘‘appropriately Compensation and Appraisal System step 1 through GS–15, step 10 for compensated.’’ Employees whose (CCAS) integrated pay schedule Calendar Year 1998 (CY98). (Note: salaries fall below the NPR for their provides a direct link between Figure 1 currently depicts CY98. Each assessed contribution score are increasing levels of contribution and year the rails for the NPR are adjusted considered ‘‘under-compensated,’’ and increasing salary. This is shown by the based on the General Schedule pay those falling above the NPR are graph in Figure 1. The horizontal axis increase under 5 U.S.C. 5303.) The area considered ‘‘over-compensated.’’ The spans from 0 to the maximum between the upper and lower rail is goal of CCAS is to make pay consistent contribution score of 100. The vertical considered the normal pay range; with employees’ contributions to the axis spans from zero dollars to the employees whose annual overall mission of the organization. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14309

Figure 1. Normal Pay Range

The NPR was established using the FORMULAE are adjusted based on the General following parameters: Given these constraints, the formulae Schedule pay increase granted to the 1. The lowest possible score is an OCS for the rails found in Figure 1 are: Federal workforce. Locality salary OCS adjustments are not included in the NPR of 0, which equates to the lowest salary Salary upper rail = 13997* (1.020043) but are incorporated in the paid under this demonstration, GS–1, Salary lower rail = 11923* (1.020043) OCS demonstration participants’ pay. step 1. The integrated pay schedule and the Employees will enter the 2. The highest possible score is an NPR are the same for all the career demonstration project without a loss of OCS of 100, which equates to the paths. What vary among the career paths pay (see section V) and without a CCAS highest salary paid under this are the beginnings and endings of the score. The first CCAS score will result demonstrations, GS–15, step 10. broadband levels. The minimum and maximum numerical OCS values and from the first annual CCAS assessment 3. Changes in OCS correspond to a associated base salaries for each process. Until then, no employee is constant percentage change in salary broadband level by career path are either under-compensated or over- along the rails. provided in Table 4. These minimum compensated. Employees, however, may 4. The upper and lower rails and maximum breakpoints represent the determine their expected contribution encompass an area of +/-4.0 OCS points, lowest and highest General Schedule range by locating the intersection of or +/-8.0 percent in terms of salary, (GS) salary rate for the grades banded their salary with the rails of the NPR. relative to the points established in together and, therefore, the minimum Future CCAS assessments may alter an employee’s position relative to these parameters 1 and 2, above. and maximum salaries possible for each level. Each year, the rails for the NPR rails. 14310 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

3. CCAS Appraisal Process defined or clarified. Supervisor and contribution ratings. Then the rating employee discussion of specific work officials calculate the overall The annual appraisal cycle begins on assignments, standards, objectives, and contribution scores (OCS). October 1 and ends on September 30 of the employee’s contributions within the the following year. At the beginning of To determine the OCS, numerical CCAS framework should be conducted values are assigned based on the the annual appraisal period, the on an ongoing basis. broadband level descriptors will be contribution levels of individuals, using provided to employees so that they At the end of the annual appraisal the ranges shown in Table 5. Generally, know the basis on which their period, the immediate supervisor (rating the OCS is calculated by averaging the contribution will be assessed for their official) meets with his/her employees, numerical values assigned for each of pay pool. (A pay pool is a group of requesting them to summarize their the six factors. (All OCSs will be employees among whom the CCAS contributions for each factor. From rounded to the nearest whole number.) dollars are distributed. This might be all employees’ inputs and his/her own However, at the discretion of the pay the employees in a division or knowledge, the rating official identifies pool manager, different weights may be directorate. The local commander for each employee the appropriate applied to the factors to produce a determines the pay pool structure.) At contribution level (1, 2, 3, or 4) for each weighted average, provided that the that time, employees will be advised factor. The rating officials (including weights are applied uniformly across that all factors are critical. Key terms second-level supervisor) meet to ensure the pay pool and employees are advised such as ‘‘team’’ and ‘‘customer’’ will be consistency and equity of the in advance, i.e., at the beginning of the Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14311 rating period. Weighting may not result the OCS for all employees, correcting the factor ratings, and placing the in any factor becoming zero. any inconsistencies identified and employees in rank order. The rating officials (including second- making the appropriate adjustments in level supervisor) meet again to review

The pay pool panel (pay pool manager Final approval of OCS rests with the months, the rating official will wait for and the rating officials in the pay pool pay pool manager, the individual within the subsequent annual cycle to assess who report directly to him/her) the organization responsible for the employee. The first CCAS appraisal conducts a final review of the OCS and managing the CCAS process. The OCS, must be rendered within 18 months the recommended compensation as approved by the pay pool manager, after entering the demonstration project. adjustments for the pay pool members. becomes the rating of record. Rating When an employee cannot be The pay pool panel has the authority to officials will communicate the factor evaluated readily by the normal CCAS make OCS adjustments, after discussion scores and OCS to each employee and appraisal process due to special with the initial rating officials, to ensure discuss the results. circumstances that take the individual equity and consistency in the ranking of If on October 1, the employee has away from normal duties or duty station all employees. served under CCAS for less than six (e.g., long-term full-time training, active 14312 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices military duty, extended sick leave, leave apply: (a) a pay pool is based on the will be determined by the CCAS process without pay, etc.), the rating official will organizational structure and should described above, and their overall document the special circumstances on include a range of salaries and contribution scores versus their current the appraisal form. The rating official contribution levels; (b) a pay pool rate of basic pay will be plotted on a will then determine which of the should be large enough to constitute a graph along with the NPR (see Figure 2). following options to use: reasonable statistical sample, i.e., not The position of those points relative to (a) Re-certify the employee’s last less than 35 individuals (when possible) the upper and lower rails of the NPR contribution appraisal; or or more than 300 individuals; (c) a pay gives a relative measure of the (b) Presume the employee is pool must be large enough to include a compensation (salary) versus contributing consistently with his/her second level of supervision, since the contribution (OCS). Employees fall into pay level and will be given the full CCAS process uses a group of one of three categories: under- general increase. supervisors in the pay pool to determine compensated (Employee A), Pay adjustments will be made on the OCS and recommended salary appropriately compensated (Employee basis of the CCAS appraisal or substitute adjustments; and (d) neither the pay B), or over-compensated (Employee C). determination and the employee’s rate pool manager nor the supervisors within Depending on the category into which of basic pay. Pay adjustments are subject a pay pool will recommend or set their each employee falls, he/she is eligible to pay-out rules discussed in section III own individual pay levels. for up to three forms of additional D 5. Final pay determinations will be The amount of money available compensation. The pay pool panel has made at the pay pool manager’s level. within a pay pool is determined by the the option of awarding the employee up CCAS scores can only be adjusted after general pay increase and the money that to the full General Schedule pay discussion with the rating official. would have been available for quality Pay adjustments will be documented step increases, within-grade increases, increase (as authorized by Congress and by SF–50, Notification of Personnel awards (performance-based awards as the President), a contribution rating Action. For historical and analytical defined in 5 U.S.C. 4505(a)), promotions increase (an increase in base salary), purposes, the effective date of CCAS between grades encompassed in the and/or a contribution award (a lump- assessments, actual appraisal scores, same broadband level, and other sum payment that does not affect base actual salary increases, amounts appropriate factors (reference section salary). Employees on retained rate in contributed to the pay pool, and VIII B). However, the awards money the demonstration plan will receive pay applicable ‘‘bonus’’ amounts will be portion cannot be used for increments to adjustments in accordance with 5 U.S.C. maintained for each demonstration salary. The dollars to be included in the 5363 and 5 CFR 536.101. An employee project employee. pay pool will be computed based on the receiving a retained rate is not eligible salaries of the employees in the pay for a contribution rating increase, since 4. Pay Pools pool as of September 30 each year. such increases are limited by the The pay pool structure and allocated maximum salary rate for the employee’s funds are under the authority of the 5. Salary Adjustment Guidelines broadband level. An outline of local commander or equivalent. The After the initial assignment into the compensation eligibility by contribution following minimal guidelines will CCAS, employees’ yearly contributions category is given in Table 6. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14313

Figure 2. CCAS COMPENSATION CATEGORIES 14314 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

In general, those employees who fall 6. Movement Between Broadband appropriate broadband level between in the under-compensated category of Levels October 1998 and February 1999 the NPR should expect to receive greater It is the intent of the demonstration following an implementation plan percentage salary increases than those project to have career growth approved by DoD and OPM. Employees who fall in the over-compensated accomplished through the broadband will receive base pay adjustments for category. Over time, people will migrate levels. Movement within a broadband accrued within-grade increases and closer to the normal pay range and level will be determined by contribution career ladder promotions at the time receive a salary appropriate for their and salary following the CCAS pay-out they are moved. All employees under level of contribution. calculation. Movement to a higher the demonstration project will receive Employees whose OCS would result broadband level is normally a the January 1999 general pay increase. in awarding a contribution rating competitive action, based on Office of 8. CCAS Grievance Procedures increase such that the salary exceeds the Personnel Management qualifications maximum salary for their current standards. Movement to a lower An employee may not grieve the pay broadband level may receive a broadband level may be voluntary or received under CCAS except where the contribution award equaling the involuntary. employee is covered by a negotiated difference. Broadband levels were derived from grievance procedure that includes The contribution rating increase fund salaries of the banded GS grades. The grievances over CCAS pay. includes what are now within-grade lowest salary of any given broadband An employee may grieve the OCS increases, quality step increases, and level is that for step 1 of the lowest GS (rating of record). If an employee is promotions between grades grade in that broadband level. Likewise, covered by a negotiated grievance encompassed in the same broadband the highest salary of any given procedure that includes grievances over level. The fund will be set at not less broadband level is that for step 10 of the appraisal scores, then the employee than two percent of the activity’s total highest GS grade in that broadband must resolve a grievance over an salary budget (2.4 percent for the first level. There is a natural overlap in appraisal score under that procedure year). This figure will be adjusted as salaries in the GS grades that also occurs (i.e., that procedure is the sole and necessary to maintain cost discipline in the broadband system. Since the OCS exclusive procedure for resolving such over the life of the demonstration is directly related to salaries, there is grievances). If an employee is not in a project. The amount of money available also an overlap between OCS across bargaining unit, or is in a bargaining to each pay pool is determined annually broadband levels. unit but grievances over appraisal scores by the local commander. The general Under the demonstration project, are not covered under a negotiated pay increase fund and the contribution managers are provided greater flexibility grievance procedure, then the employee rating increase fund may be transferred in assigning duties by moving may use the administrative grievance to another category, but the contribution employees between positions within procedure (5 CFR Part 771) with award fund may not be transferred. their broadband level. If there are supplemental instructions described in vacancies at higher levels, employees the following paragraph. The contribution award fund includes may be considered for promotion to what were formerly performance awards those positions in accordance with The employee will submit the and will be used for awards given under competitive selection procedures. grievance first to the rating official, who the CCAS process. The fund will be set Noncompetitive promotion capabilities will submit a recommendation to the at not less than one percent of the in the current system will remain viable pay pool panel. The pay pool panel may activity’s total salary budget. This fund in the demonstration. accept the rating official’s will not exceed 90 percent of the total Under the approved competitive recommendation or reach an awards budget so as to allow for other selection procedures, the selecting independent decision. In the event that awards not related to the CCAS process, official may consider candidates from the pay pool panel’s decision is e.g., on-the-spot awards and group any source based on viable and different from the rating official’s awards, which will continue to be supportable job-related, merit-based recommendation, appropriate encouraged by management to promote methodology. Similarly, if there is justification will be provided. The pay excellence in acquisition and attainment sufficient cause, an employee may be pool panel’s decision is final unless the of organizational goals. For the first year demoted to a lower broadband level employee requests reconsideration by this fund will be set at 1.3 percent. position according to the contribution- the next higher official to the pay pool Each pay pool manager will set the based reduction-in-pay or removal manager. That official would then necessary guidelines for pay procedures discussed in section III E 2. render the final decision on the adjustments in the pay pool. Decisions grievance. 7. Implementation Schedule will be consistent within the pay pool, 9. Using the CCAS Rating as Additional reflect cost discipline over the life of the The 1998 employee annual appraisal Service Credit During Reduction in demonstration project, and be subject to will be done according to Component Force command review. The maximum performance plan rules in effect at the available pay rate under this time of the 1998 close-out. Employees Table 7 illustrates the years of demonstration project will be the rate will be moved by personnel action into retention service credit associated with for a GS–15, step 10. the demonstration project and into the appraisal results: Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14315 14316 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

E. Special Situations Related to Pay 1. Change in Assignment Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14317

The CCAS concept, using the Due to inadequate contribution, an As is currently the situation for broadbanding structure, provides employee’s salary may fall below the performance-based actions taken under flexibility in making assignments. In minimum rate of basic pay for the 5 U.S.C. 4303, contribution-based many cases an employee can be broadband level to which he/she is actions shall be sustained if the decision assigned, without change in their rate of assigned. When an employee is changed is supported by substantial evidence basic pay, within broad descriptions, to a lower broadband level due to such and the Merit Systems Protection Board and, at the same time, consistent with a situation, this movement is not shall not have mitigation authority with the needs of the organization and considered an adverse action. respect to such actions. The separate commensurate with the individual’s (e) Involuntary Reduction in Pay, to statutory authority to take contribution- qualifications. Subsequent Include Change to Lower Broadband based actions under 5 U.S.C. 75, as organizational assignments to projects, Level and/or Change in Career Path Due modified in the waiver section of this tasks, or functions requiring the same to Adverse Action. An employee may notice (section IX), remains unchanged level and area of expertise and the same receive a reduction in pay within his/ by these procedures. qualifications would not constitute an her existing broadband level and career When an employee’s contribution in assignment outside the scope or path, be changed to a lower broadband any factor is at or less than the mid- coverage of the current level descriptors. level, and/or be moved to a new point of the next lower broadband level In most cases, such assignments would position in a different career path due (or a factor score of zero for broadband be within the factor descriptors and to an adverse action. In these situations, level 1 employees), the employee is could be accomplished without the the employee’s salary will be reduced considered to be contributing need to process a personnel action. by at least 6 percent, but will be set no inadequately. In this case, the Assignment resulting in series change or lower than the minimum salary of the supervisor must inform the employee, competitive level change shall be broadband level to which assigned. in writing, that unless the contribution accomplished by official personnel Employees placed into a lower increases to a score above the midpoint action. Thus, this approach allows for broadband due to adverse action are not of this next lower broadband level, and broader latitude in organizational entitled to pay retention. is sustained at this level, the employee assignments and streamlines the (f) Reduction-in-Force (RIF) Action may be reduced in pay or removed. For administrative process. Rules for (including employees who are offered broadband level 1 employees, a factor specific types of assignments under and accept a vacancy at a lower score that increases to and is sustained CCAS follow. broadband level or in a different career above zero is determined to be adequate. (a) Competitive, Noncompetitive, and path). The employee is entitled to pay This written notification will include Temporary Promotions. When an retention if all title 5 conditions are met. a contribution improvement plan (CIP) employee is promoted to a higher (g) Return to Limited or Light Duty which outlines specific areas in which broadband level, the salary upon from a Disability as a Result of the employee is inadequately promotion will be at least six percent, Occupational Injury to a Position in a contributing. Additionally, the CIP must but not more than 20 percent, greater Lower Broadband Level or to a Career include actions required of the than the employee’s current salary. Path with Lower Salary Potential than employee, and the time in which they However, if the minimum rate of the Held Prior to the Injury. The employee must be accomplished, to increase and new broadband level is more than 20 is entitled indefinitely to the salary held sustain the employee’s contribution at percent greater than the employee’s prior to the injury and will receive full an adequate level. current salary, then the minimum rate of general and locality pay increases. Additionally, when an employee’s contribution plots in the area above the the new broadband level is the new 2. Contribution-based Reduction-in-Pay upper rail of the normal pay range, the salary. The employee’s salary may not or Removal Actions exceed the salary range of the new employee is considered to be broadband level. CCAS is a contribution-based contributing inadequately. In this case, (b) Competitive Selection for a appraisal system that goes beyond a the supervisor has two options. The first Position with Higher Potential Salary. performance-based rating system. is to take no action but to document this When an employee is competitively Contribution is measured against six decision in a memorandum for the selected for a position with a higher critical factors corresponding to the record. A copy of this memorandum target broadband level than previously three career paths, each having multiple will be provided to the employee and to held (e.g., Upward Mobility), upon levels of increasing contribution. (For higher levels of management. The movement to the new position the the purposes of this section, critical second option is to inform the employee will receive the salary factors are synonymous with critical employee, in writing, that unless the corresponding to the minimum of the elements as referenced in 5 U.S.C. contribution increases to, and is new broadband level or the existing Chapter 43.) This section applies to sustained at, a higher level, the salary, whichever is greater. reduction in pay or removal of employee may be reduced in pay or (c) Voluntary Change to Lower demonstration project employees based removed. Broadband Level/Change in Career Path solely on inadequate contribution. These provisions also apply to an (except RIF). When an employee accepts Inadequate contribution in any one employee whose contribution a voluntary change to lower broadband factor at any time during the appraisal deteriorates during the year. In such level or different career path, salary may period is considered grounds for instances, the group of supervisors who be set at any point within the broadband initiation of reduction-in-pay or removal meet during the CCAS assessment level to which appointed, except that action. The following procedures process may reconvene any time during the new salary will not exceed the replace those established in 5 U.S.C. the year to review the circumstances employee’s current salary or the 4303 pertaining to reductions in grade warranting the recommendation to take maximum salary of the broadband level or removal for unacceptable further action on the employee. to which assigned, whichever is lower. performance except with respect to When the rating official informs the (d) Involuntary Change to Lower appeals of such actions. 5 U.S.C. 4303(e) employee that the employee may be Broadband Level Without Reduction in provides the statutory authority for reduced in pay or removed, the rating Pay Due to Contribution-based Action. appeals of contribution-based actions. official will afford the employee a 14318 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices reasonable opportunity (a minimum of affected employee or a designated or performance rating of record, a modal 60 days) to demonstrate acceptable representative. As a minimum, the OCS or performance rating will be contribution with regard to identifiable records will consist of a copy of the assigned and used to determine the factors. As part of the employee’s notice of proposed action; the written additional service credit for that opportunity to demonstrate adequate answer of the employee or a summary individual. contribution, he or she will be placed on when the employee makes an oral reply; The new system will eliminate a contribution improvement plan (CIP). and the written notice of decision and current provisions for retained grade, The CIP will state how the employee’s the reasons therefor, along with any but will keep retained pay provisions as contribution is inadequate, what supporting material including outlined in 5 U.S.C. 5363 and 5 CFR improvements are required, documentation regarding the 536.101 as modified in the waiver recommendations on how to achieve opportunity afforded the employee to section of this notice (section IX). All adequate contribution, assistance that demonstrate adequate contribution. positions within commands the agency shall offer to the employee participating in the demonstration F. Revised Reduction-In-Force (RIF) in improving inadequate contribution, project and located within the same Procedures and consequences of failure to improve. commuting area may be considered a Once an employee has been afforded The proposed RIF system will have a separate competitive area. a reasonable opportunity to demonstrate single round of competition to replace G. Academic Degree and Certificate adequate contribution but fails to do so, the current two-round process. Once the Training a reduction-in-pay (which may include position to be abolished has been a change to a lower broadband level identified, the incumbent of that Trained and educated personnel are a and/or reassignment) or removal action position may displace another employee critical resource in an acquisition may be proposed. If the employee’s when the incumbent has a higher organization. This demonstration contribution increases to an acceptable retention standing and is fully qualified recognizes that training and level and is again determined to for the position occupied by the development programs are essential to deteriorate in any factor within two employee with lower standing. improving the performance of years from the beginning of the Retention standing is based on tenure, individuals in the acquisition opportunity period, actions may be veterans’ preference, length of service, workforce, and thereby raising the initiated to effect reduction in pay or and contribution, preserving the same overall level of performance of the removal with no additional opportunity weights as today’s system. The ‘‘undue acquisition workforce, and that a well- to improve. If an employee has disruption’’ standard currently utilized developed training program is also a contributed acceptably for two years will serve as the criterion to determine valuable tool for recruiting and retaining from the beginning of an opportunity if an employee is fully qualified. In motivated employees. Currently, period, and the employee’s overall addition, to be fully qualified, the DAWIA authorizes degree and contribution once again declines to an employee must meet DAWIA statutory certificate training for acquisition-coded inadequate level, the employee will be requirements for the position, if positions through the year 2001. This afforded an additional opportunity to applicable. The displaced individual demonstration extends that authority for demonstrate adequate contribution may similarly displace other employees. the duration of this demonstration and before it is determined whether or not Displacement is normally limited to one expands its coverage to the acquisition to propose a reduction in pay or broadband level below the employee’s support positions identified in this removal. present level. However, a preference- demonstration project. It also provides An employee whose reduction in pay eligible employee with a compensable authorization at the local level to or removal is proposed is entitled to a service-connected disability of 30 administer and pay for these degree and 30-day advance notice of the proposed percent or more may displace up to the certificate training programs. This action that identifies specific instances equivalent of five General Schedule authorization will facilitate continuous of inadequate contribution by the grades below the employee’s present acquisition of advanced, specialized employee on which the action is based. level. If/when there is no position in knowledge essential to the acquisition The employee will be afforded a which an employee can either be placed workforce and provide a capability to reasonable time to answer the notice of by this process or be assigned to a assist in the recruiting and retaining of proposed action orally and/or in vacant position, that employee will be personnel critical to the present and writing. separated. future requirements of the acquisition A decision to reduce in pay or remove An employee’s entitlement to workforce. Funding for this training, an employee for inadequate additional service credit associated with while potentially available from contribution may be based only on those appraisal results will be based on the numerous sources (including DAWIA instances of inadequate contribution employee’s three most recent annual for employees in acquisition-coded that occurred during the two-year overall contribution scores (OCSs) of positions), is the responsibility of the period ending on the date of issuance of record received during the four-year participating organization. the proposed action. The employee will period prior to the issuance of be issued written notice at or before the reduction-in-force notices (see Table 7). H. Sabbaticals time the action will be effective. Such However, if at that time three CCAS Organizations participating in the notice will specify the instances of cycles have not yet been completed, the Acquisition Demonstration will have inadequate contribution by the annual performance rating of record the authority to grant sabbaticals employee on which the action is based under the previous performance without application to higher levels of and will inform the employee of any management system will be substituted authority. These sabbaticals will permit applicable appeal or grievance rights. for one or more OCSs, as appropriate. employees to engage in study or work All relevant documentation The value(s) of the actual OCS(s) or experience that contributes to their concerning a reduction in pay or performance rating(s) of record will be development and effectiveness. The removal that is based on inadequate divided by the number of actual sabbatical provides opportunities for contribution will be preserved and rating(s) received. In cases where an employees to acquire knowledge and made available for review by the individual employee has no annual OCS expertise that cannot be acquired in the Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14319 standard working environment. These Agencies, the demonstration project based upon the number of weeks an opportunities should result in enhanced team will train, orient, and keep employee has completed towards the employee contribution. The spectrum of informed all supervisors and employees next higher step or grade, per paragraph available activities under this program covered by the demonstration project VIII A. This conversion process, i.e. is limited only by the constraint that the and administrative staff responsible for ‘‘buy-in,’’ is applicable to employees activity contribute to the organization’s implementing and administering the only at the initiation of the mission and to the employee’s human resource program changes. demonstration project. development. The program can be used Special salary rates will no longer be A. Supervisors for training with industry or on-the-job applicable to demonstration project work experience with public, private, or The focus of this project on employees. Employees on special salary nonprofit organizations. It enables an management-centered personnel rates at the time of conversion will employee to spend time in an academic administration, with increased receive a new basic rate of pay or industrial environment or to take supervisory and managerial personnel computed by dividing their highest advantage of the opportunity to devote management authority and adjusted rate of basic pay (i.e., special full-time effort to technical or accountability, demands thorough pay rate, or if higher, the locality rate) managerial research. training of supervisors and managers in by the locality pay factor for their area. The Acquisition Demonstration the knowledge and skills that will All employees will be eligible for the sabbatical program will be available to prepare them for their new future locality pay increases of their all demonstration project employees responsibilities. Training will include geographic area. who have seven or more years of detailed information on the policies and When conversion into the Federal service. Each sabbatical will be procedures of the demonstration project, demonstration project is accompanied of three to twelve months’ duration and as well as skills training in using the by a simultaneous geographic move, the must result in a product, service, report, classification system, position employee’s GS pay entitlements or study that will benefit the acquisition requirements document, and (including any locality or special rate) community as well as increase the contribution evaluation. in the new area will be determined before converting the employee’s pay to employee’s individual effectiveness. B. Administrative Staff Requests for a sabbatical must be made the demonstration project pay system. A by the employee through the chain of The administrative staff, general full locality adjustment will then be command to the employee’s installation personnel specialists, technicians, and added to the new basic pay rate. Executive Director or equivalent, who administrative officers will play a key Adverse action and pay retention has final approval authority and who role in advising, training, and coaching provisions will not apply to the must ensure that the program benefits supervisors and employees in conversion process, as there will be no both the acquisition workforce and the implementing the demonstration change in total salary. If the employee’s individual employee. Funding for the project. This staff will receive training rate of basic pay exceeds the maximum employee’s salary and other expenses of in the procedural and technical aspects rate of basic pay for the broadband level the sabbatical is the responsibility of the of the project. corresponding to the employee’s GS participating organization. C. Employees grade, the employee will remain at that broadband level and will receive a IV. Training In the months prior to retained rate. Employees who enter the The key to the success or failure of the implementation, the demonstration demonstration project later by lateral proposed demonstration project will be project team and Military Service and reassignment or transfer will enter at the training provided for all involved. DoD Agency training and career their current basic pay with no loss or This training will provide not only the development offices will provide all gain due to transfer. necessary knowledge and skills to carry employees covered under the demonstration project training through B. Conversion Back to the Former out the proposed changes, but will also System lead to participant commitment to the various media. This training is intended program. to fully inform all affected employees of If a demonstration project employee is Training at the beginning of all significant project decisions, moving to a General Schedule (GS) implementation and throughout the procedures, and processes. position not under the demonstration demonstration will be provided to V. Conversion project, or if the project ends and each supervisors, employees, and the project employee must be converted administrative staff responsible for A. Conversion to the Demonstration back to the GS system, the following assisting managers in effecting the Project procedure will be used to convert the changeover and operation of the new Initial entry into the demonstration employee’s project pay band to a GS system. project for covered employees will be grade and the employee’s demonstration The elements to be covered in the accomplished through a full employee- rate of pay to a GS rate of pay. The orientation portion of this training will protection approach that ensures each converted GS grade and GS rate of pay include: (1) a description of the employee’s initial placement into a must be determined before movement or personnel system; (2) how employees broadband level without loss of pay. conversion out of the demonstration are converted into and out of the Automatic conversion from the project and any accompanying system; (3) the pay adjustment and/or permanent GS grade and step of record geographic movement, promotion, or bonus process; (4) the new position at time of conversion into the new other simultaneous action. For requirements document; (5) the new broadband system will be conversions upon termination of the classification system; and (6) the accomplished. Adjustments to the project and for lateral assignments, the contribution-based compensation and employee’s base salary for step increase converted GS grade and rate will appraisal system. and non-competitive career ladder become the employee’s actual GS grade In conjunction with the education, promotion will be computed based on and rate after leaving the demonstration training, and career development assets the current value of the step or project (before any other action). For of the Military Services and DoD promotion increase and a prorated share transfers, promotions, and other actions, 14320 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices the converted GS grade and rate will be band, the employee is converted to the GS employee, the converted special rate used in applying any GS pay lowest grade. will be determined based on the GS step administration rules applicable in (v) Exception: If the employee’s position. This underlying special rate connection with the employee’s adjusted project rate exceeds the will be basic pay for certain purposes movement out of the project (e.g., maximum rate of the grade assigned for which the employee’s higher locality promotion rules, highest previous rate under the above-described step 4 rule rate is not basic pay.) but fits in the rate range for the next rules, pay retention rules) as if the GS- (iv) If the highest applicable GS rate higher applicable grade (i.e., between converted grade and rate were actually range is a special rate range, the in effect immediately before the step 1 and step 4), then the employee employee’s adjusted project rate is employee left the demonstration project. shall be converted to that next higher applicable grade. converted to a special rate. If this rate 1. Grade-Setting Provisions (vi) Exception: An employee will not falls between two steps in the special An employee is converted to one of be converted to a lower grade than the rate schedule, the rate must be set at the the grades in their current broadband grade held by the employee higher step. The converted GS level according to the following rules: immediately preceding a conversion, unadjusted rate of basic pay will be the (i) The employee’s adjusted rate of lateral assignment, or lateral transfer GS rate corresponding to the converted pay under the demonstration project into the project, unless since that time special rate (i.e., same step position). (including any locality payment) is the employee has undergone a reduction 3. Employees Receiving a Retained Rate compared with the step 4 rate in the in broadband level or reduction in pay Under the Project highest applicable GS rate range. (For based upon an adverse action. this purpose, a GS rate range includes 2. Pay-Setting Provisions If an employee is receiving a retained a rate range in (1) the GS base schedule, rate under the demonstration project, (2) the locality rate schedule for the An employee’s pay within the the employee’s GS-equivalent grade is locality pay area in which the position converted GS grade is set by converting the highest grade encompassed in his or is located, or (3) the appropriate special the employee’s demonstration project her broadband level. The DUSD (AR) rate schedule for the employee’s rate of pay to a GS rate of pay in and the DASD (CPP) will coordinate occupational series, as applicable.) If the accordance with the following rules: with OPM to prescribe a procedure for series is a two-grade-interval series, only (i) The pay conversion is done before determining GS-equivalent pay rates for odd-numbered grades are considered any geographic movement or other pay- employees receiving retained rates. below GS–11. related action that coincides with the (ii) If the employee’s adjusted project employee’s movement or conversion out 4. Years of Retention Service Credit and rate equals or exceeds the applicable of the demonstration project. Appraisal Rating Provisions step 4 rate of the highest GS grade in the (ii) An employee’s adjusted rate of band, the employee is converted to that pay under the project (including any Employees leaving the demonstration grade. locality payment) is converted to a GS project will be assigned ratings of record (iii) If the employee’s adjusted project rate on the highest applicable rate range that conform with pattern E of 5 CFR rate is lower than the applicable step 4 for the converted GS grade. (For this 430.208(d) based on the years of credit rate of the highest grade, the adjusted purpose, a GS rate range includes a rate accumulated for the 3 most recent years rate is compared with the step 4 rate of range in (1) the GS base schedule, (2) an during the last 4 years while under the the second-highest grade in the applicable locality rate schedule, or (3) demonstration project. Since the employee’s pay band. If the employee’s an applicable special rate schedule.) demonstration project does not make adjusted rate equals or exceeds the step (iii) If the highest applicable GS rate use of summary level designators (e.g., 4 rate of the second-highest grade, the range is a locality pay rate range, the Exceptional, Level 5; Highly Successful, employee is converted to that grade. employee’s adjusted project rate is Level 4; Fully Successful, Level 3; or (iv) This process is repeated for each converted to a GS locality rate of pay. Unacceptable, Level 1) used in the successively lower grade in the band If this rate falls between two steps in the appraisal system and programs until a grade is found in which the locality-adjusted schedule, the rate must constructed under 5 U.S.C. Chapter 43 employee’s adjusted project rate equals be set at the higher step. The converted and 5 CFR Part 430, the retention or exceeds the applicable step 4 rate of GS unadjusted rate of basic pay would service credit that is based on the the grade. The employee is then be the GS base rate corresponding to the employee’s OCS as shown in Table 7 converted at that grade. If the converted GS locality rate (i.e., same will be translated to summary level employee’s adjusted rate is below the step position). (If this employee is also designators as shown in Table 8 for use step 4 rate of the lowest grade in the covered by a special rate schedule as a by the gaining agency. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14321

5. Within-Grade Increase—Equivalent At the five-year point, the entire (Acquisition & Technology); and the Increase Determinations demonstration project will be Office of the Deputy Assistant Secretary Service under the demonstration reexamined for: (a) permanent of Defense (Civilian Personnel Policy), project is creditable for within-grade implementation; (b) modification and DoD. increase purposes upon conversion back additional testing; (c) extension of the The main purpose of the evaluation is to the GS pay system. CCAS base salary test period; or (d) termination. to determine the effectiveness of the increases (including a zero increase) VII. Evaluation Plan personnel system changes to be under the demonstration project are undertaken. To the extent possible, equivalent increases for the purpose of Demonstration-authorizing legislation strong direct or indirect relationships determining the commencement of a (5 U.S.C. Chapter 47) mandates will be established between the project within-grade increase waiting period evaluation of the demonstration project features, outcomes, and mission-related under 5 CFR 531.405(b). to assess the effects of project features changes and personnel system and outcomes. In addition, the project effectiveness criteria. The evaluation VI. Project Duration will be evaluated for the feasibility of approach uses an intervention impact The project evaluation plan addresses application to other Federal Agencies. model that specifies each personnel how each intervention will be The overall evaluation will consist of system change as an intervention, the comprehensively evaluated for at least three phases—baseline, formative, and expected effects of each intervention, the first five years of the demonstration summative evaluations. The evaluation the corresponding measures, and the project. Major changes and for the participating agencies will be data sources for obtaining the measures. modifications to the interventions can overseen by the Office of Merit Systems Table 9 presents the intervention impact be made through announcement in the Oversight and Effectiveness, OPM; the model to be used for this demonstration Federal Register, with OPM approval. Office of the Secretary of Defense for initiatives affecting title 5. 14322 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14323 14324 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices

The specific measures to be collected principles and avoidance of prohibited agency will remain in effect until the using the different methods are personnel practices. In addition, the employee conversion date. Adjustments determined from the goals and evaluation will attempt to link the to employees’ base salary for WGI equity objectives stated for each intervention. project effects and outcomes to will be computed effective the first pay Both qualitative and quantitative organizational outcomes such as period in FY99 (October 1998). WGI measures will be obtained. Most of the mission accomplishment and equity shall be acknowledged by potential measures can be grouped productivity. increasing base salaries by a prorated around three major effectiveness The initial evaluation effort will share based upon the actual number of criteria: speed, cost, and quality. consist of three main phases—baseline, weeks an employee has completed Collectively, the outcomes of the formative, and summative evaluation towards the next higher step. Employees interventions are hypothesized to lead covering five (5) years. Baseline will at step 10, or receiving retained pay at to agency personnel management collect workforce data to determine the the time of conversion will not be improvements, as reflected by ‘‘as-is’’ state. The formative evaluation eligible for this equity adjustment. For timeliness, cost effectiveness, and phase will include baseline data those employees in career-ladder quality. collection and analyses, implementation promotion programs who are scheduled Baseline measures will be taken prior evaluation, and interim assessments. to be promoted to a higher grade and to project implementation. Then, Periodic reports and annual summaries whose performance is at least fully repeated post-implementation will be prepared to document the successful, base pay will be increased measurements will be taken to allow findings. The summative evaluation by a prorated share of the current value longitudinal comparisons by phase will focus on an overall of the next scheduled promotion intervention within and across DoD assessment of the project outcomes, increase based upon the actual number Components. A comparison group will looking initially at the first four (4) of weeks the employee has completed be selected and compared to the years, with a follow-on report covering towards the next scheduled promotion. demonstration project group to the first five (5) years. The rationale for No WGI equity adjustment will be made determine the effects and outcomes of summative evaluation after the first four if the employee’s pay is adjusted for a the project. years is to assess whether the promotion that would be effective The effectiveness of each intervention demonstration will continue after the before the next scheduled WGI. and of the project as a whole in meeting fifth year. If the analysis indicates that For purposes of conversion into the stated objectives will be addressed using the interventions show a positive effect demonstration, the January 1999 a multi-approach method. Some towards meeting the goals of the General Schedule increase to base pay methods will be unobtrusive in that demonstration, then documentation will will be given to all employees. they do not require reactions to inputs be generated to support a request that B. Out-Year Project Costs from employees or managers. These the demonstration progress further. If The overall demonstration cost methods include analysis of archival the analysis indicates that the strategy will be to balance projected workforce data and personnel office interventions do not meet the stated costs with benefits of the demonstration data, review of logs maintained by site objectives, or if the participating to bring about the projected historians documenting contextual organizations do not wish to continue in events, and assessments of external improvements to the DoD Acquisition the demonstration, then documentation Workforce. The project evaluation economic and legislative changes. Other and planning for conversion back to the methods such as periodic attitude results will be used to ensure that out- existing personnel system must be surveys, structured interviews, and year project costs will not outweigh the prepared. The fifth-year summative focus groups will be used to assess the derived benefits to the demonstration. A evaluation, used in reporting to perceptions of employees, managers, baseline will be established at the start Congress, will provide overall supervisors, and personnel regarding of the project, and salary expenditures assessment of all initiatives individually the personnel system changes and the will be tracked yearly. Implementation and as a whole. It will also provide performance of their organizations in costs, including the step and grade buy- recommendations on broader Federal general. Evaluation activities will also in costs detailed above, will not be Government application. take into account the unique nature of included in the cost evaluations, but this project in terms of geographic and VIII. Demonstration Project Costs will be accounted for separately. organizational diversity. The amount of money available for In addition to the intervention impact A. Step and Promotion Buy-Ins contribution increases in the out-years model, a general context model will be Under this demonstration project, will be determined as part of the annual used to determine the effects of implementation of the broadbanding project evaluation process, starting with potential intervening variables (e.g., pay structure eliminates the step a review of the prior year’s data for each downsizing, regionalization of the increments of the current pay structure. individual participating site by the personnel function, and the state of the To facilitate conversion to this system Personnel Policy Boards for that site, economy in general). Potential without loss of pay, employees will and then will be reported to the DoD unintended outcomes will also be receive a basic pay increase for that Acquisition Workforce Demonstration monitored, and an attempt will be made portion of the next step corresponding Project Executive Steering Committee. by the evaluation team to link the to the time in-step they have completed The funds determination will be based outcomes or project interventions to up to the effective date of the employee on a balancing of appropriate factors, organizational effectiveness. In addition conversion. As under the current including the following: (1) Historical to assessing the impact of the individual system, supervisors will be able to spending for WGI, quality step project features, the evaluation will also withhold these partial increases (step) if increases, and in-level career assess the impact of the project as a the employee’s performance has fallen promotions; (2) labor market conditions whole, along with possible context below fully successful. and the need to recruit and retain a effects and effects of intervening Rules governing within-grade skilled workforce to meet the business variables. The evaluation will also increases (WGI) within each needs of the organization; and (3) the monitor adherence to the merit systems participating Military Service/DoD fiscal condition of the organization. Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14325

Given the implications of base pay within the Component and be chaired Should any participating Component increases for long-term pay and benefit by the Executive Director or modify the elect not to establish a Personnel Policy costs, the compensation levels will be charter of an existing group. In either Board, the charter of an existing group determined after cost analysis with case, the board is tasked with the within that Component must be documentation of the mission-driven following: modified to include the duties detailed rationale for the amount. As part of the (a) Overseeing the civilian pay budget; above. evaluation of the project by Military (b) Addressing issues associated with Services, participating Defense two separate pay systems (CCAS and D. Developmental Costs Agencies, DoD, and OPM, the base pay GS) during the first phase of the costs (including average salaries) under demonstration; Costs associated with the the demonstration project will be (c) Determining the composition of development of the demonstration tracked and compared to the base pay the CCAS pay pool in accordance with system include software automation, costs under similar demonstration the established guidelines; and statutory training, and project evaluation. These projects and under a simulation model constraints; costs are considered shared costs and that replicates General Schedule (d) Reviewing operation of the will be funded by the Deputy spending. These evaluations will Component’s CCAS pay pools; Undersecretary of Defense for balance costs incurred against benefits (e) Providing guidance to pay pool Acquisition Reform (DUSD (AR)) for the gained, so that both fiscal responsibility managers; demonstration period. Site-specific and project success are given (f) Administering funds to CCAS pay costs for follow-on training, employee appropriate weight. pool managers; salary conversion, and any in-house (g) Reviewing hiring and promotion C. Personnel Policy Boards software automation will be borne by salaries; the individual participating sites. The It is envisioned that each participating (h) Monitoring award pool projected annual expenses for each area DoD Component shall either establish a distribution by organization and are summarized in Table 10. Project Personnel Policy Board for the DAWIA vs. non-DAWIA; and evaluation costs will continue for at demonstration project that will consist (i) Assessing the need for changes to least the first five (5) years and may of the senior civilian in each Program demonstration project procedures and Management Office and Directorate policies. continue beyond that point.

IX. Required Waivers to Law and waived only to the extent required to eliminated under the demonstration Regulations allow volunteer service under project). provisions of the voluntary emeritus A. Waivers to Title 5, United States Chapter 33, Section 3318(a): Insofar as program. Code ‘‘rule of three’’ is eliminated under the Chapter 33, Section 3308: Competitive demonstration project. Veterans’ Chapter 5, Section 552a: Records service; examinations; educational preference provisions remain maintained on individuals. This section requirements prohibited; exceptions (to unchanged. is waived only to the extent required to the extent necessary to accommodate Chapter 41, Section 4107(a). clarify that volunteers under the the Scholastic Achievement Chapter 43, Sections 4301–4305 Voluntary Emeritus Program are Appointment’s requirement for a college except for 4303(e) and (f): Related to considered employees of the Federal degree). performance appraisal. In turn, 4303(e) Government for purposes of this section. Chapter 33, Section 3317(a): and (f) are waived only to the extent Chapter 31, Section 3111: Acceptance Competitive service; certification from necessary to: (1) Substitute ‘‘broadband’’ of volunteer service. This section is registers (insofar as ‘‘rule of three’’ is for ‘‘grade’’, and (2) provide that moving 14326 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices to a lower broadband as a result of not Chapter 71, to the extent its service-connected disability of 30 receiving the full amount of a general provisions (e.g., 5 U.S.C. 7103(a)(12) percent or more may displace up to the pay increase because of inadequate and 7116) would prohibit management equivalent of five General Schedule contribution is not an action covered by or the union from unilaterally grades below the employee’s present the provisions of section 4303. terminating negotiations over whether level. Chapter 45, Sections 4502(a) and the project will apply to employees Part 410, Section 410.308(a). 4502(b). represented by the union. Part 430, Subpart A and Subpart B: Chapter 51, Sections 5101–5102 and Chapter 71, Section 7119: To the Performance management; performance Sections 5104–5107: Related to extent it gives the Federal Service appraisal. classification standards and grading. Impasses Panel jurisdiction to resolve Part 432, Sections 432.101, 432.102, Chapter 53, Sections 5301; 5302 (8) impasses referred to it by either party or 432.106 and 432.107: (only to the extent and (9); and 5303–5305 and 5331–5336: both parties during or after necessary to (1) substitute ‘‘broadband’’ Related to special pay and pay rates and implementation of the demonstration for ‘‘grade’’ and (2) provide that moving systems (Sections 5301, 5302 (8) and (9), project. to a lower broadband as a result of not and 5304 are waived only to the extent Chapter 75, Sections 7512 (3): Related receiving the full amount of a general necessary to allow demonstration to adverse action (but only to the extent pay increase because of inadequate project employees to be treated as necessary to exclude reductions in contribution is not an action covered by General Schedule employees and to broadband level not accompanied by a the provisions of section 4303). allow basic rates of pay under the reduction in pay and replace ‘‘grade’’ Part 432, Sections 432.103 through demonstration project to be treated as with ‘‘broadband level’’) and 7512 (4): 432.105: Performance-based reduction- scheduled rates of basic pay). Related to adverse action (but only to in-grade and removal actions. Chapter 53, Section 5362: Grade the extent necessary to exclude Part 451, Sections 451.106(b) and retention. conversions from a General Schedule 451.107(b): Awards. Chapter 53, Section 5363: Pay special rate to demonstration project Part 511, Subpart A; Subpart B; retention. This waiver applies only to pay that do not result in a reduction in Subpart F, Sections 511.601 through the extent necessary to: (1) allow the employee’s total rate of pay). 511.612: Classification within the demonstration project employees to be General Schedule; and Subpart G: treated as General Schedule employees; B. Waivers to Title 5, Code of Federal Effective Dates of Position Classification (2) provide that pay retention provisions Regulations Actions or Decisions. do not apply to conversions from Part 300, Sections 300.601 through Part 530, Subpart C: Special salary General Schedule special rates to 300.605: Time-in-grade restrictions. rates. demonstration project pay, as long as Part 308, Volunteer service: Waived to Part 531, Subpart B, Subpart D, total pay is not reduced; and (3) replace allow volunteer service under the Subpart E: Determining rate of pay; the term ‘‘grade’’ with ‘‘broadband provisions of the voluntary emeritus within-grade increases and quality step level.’’ program. increases. Chapter 53, Section 5371: Related to Part 315, Sections 315.801 and Part 531, Subpart F: Locality health care positions. (This waiver 315.802: Probationary period. Payments (only to the extent necessary applies only to the extent necessary to Part 316, Section 316.301: Term to allow demonstration project allow demonstration project employees appointment (to the extent that employees to be treated as General to hold positions subject to Chapter 51 modified term appointments may cover Schedule employees and to allow basic of title 5.) a maximum period of 6 years). rates of pay under the demonstration Chapter 55, Section 5545 (d): Related Part 316, Section 316.303: Tenure of project to be treated as scheduled rates to hazardous duty premium pay (only to term employees (to the extent that term of basic pay). the extent necessary to allow employees may compete for permanent Part 536, Grade and Pay Retention demonstration project employees to be status through local merit promotion (only to the extent necessary to treated as General Schedule employees). plans). eliminate grade retention and to provide Chapter 57, Sections 5753, 5754, and Part 316, Section 316.305: Eligibility that, for the purposes of applying pay 5755: Related to recruitment, relocation, for within-grade increases. retention provisions: (1) demonstration and retention payments, and Part 332, Section 332.402: ‘‘Rule of project employees are to be treated as supervisory differentials (only to the three’’ will not be used in the General Schedule employees; (2) extent necessary to allow employees demonstration project. ‘‘grade’’ is replaced by ‘‘broadband and positions under the demonstration Part 332, Section 332.404: Order of level’’; and (3) pay retention provisions project to be treated as employees and selection is not limited to highest three do not apply to conversions from positions under the General Schedule). eligibles. General Schedule special rates to Chapter 59, Section 5941: Allowances Part 351, Sections 351.402 through demonstration project pay, as long as based on living costs and conditions of 351.403: Competitive Area and total pay is not reduced). environment; employees stationed Competitive Levels; Section 351.504(a): Part 550, Sections 550.703: Severance outside the continental United States or Credit for Performance; and Section Pay, definition of ‘‘reasonable offer’’ (by Alaska. (This waiver applies only to the 351.601: Order of Release from replacing ‘‘two grade or pay levels’’ with extent necessary to provide that COLAs Competitive Level. ‘‘one broadband level’’ and ‘‘grade or paid to employees under the Part 351, Section 351.701 (b) and (c): pay level’’ with ‘‘broadband level’’) and demonstration project are paid in Assignment rights (bump and retreat): 550.902: Hazard Pay, definition of accordance with regulations prescribed To the extent that the distinction ‘‘employee’’ (only to the extent by the President (as delegated to OPM)). between bump and retreat is eliminated necessary to allow demonstration Chapter 59, Section 5948: Related to and the placement of demonstration project employees to be treated as physicians comparability allowances project employees is limited to one General Schedule employees). (only to the extent necessary to treat broadband level below the employee’s Part 575, Sections 575.102 (a)(1), employees under the demonstration present level, except that a preference- 575.202 (a)(1), 575.302 (a)(1), and project as General Schedule employees). eligible employee with a compensable Subpart D: Recruitment and relocation Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Notices 14327 bonuses, and retention allowances, and only to the extent necessary to allow to replace ‘grade’’ with ‘‘broadband supervisory differentials (only to the demonstration project employees to be level’’) and 752.401 (a)(4) (but only to extent necessary to allow employees treated as employees under the General the extent necessary to exclude and positions under the demonstration Schedule for the purposes of these conversions from a General Schedule project to be treated as employees and provisions.) special rate to demonstration project positions under the General Schedule Part 752, Sections 752.401 (a)(3): pay that do not result in a reduction in positions). Reduction in grade and pay (but only to the employee’s total rate of pay). Part 591, Subpart B: Cost-of-Living the extent necessary to exclude Allowances and Post Differential- reductions in broadband level not [FR Doc. 98–7486 Filed 43–23–98; 8:45 am] Nonforeign Areas. (This waiver applies accompanied by a reduction in pay and BILLING CODE 6325±01±M i

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CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since E-mail infofedreg.nara.gov the revision date of each title. 1030...... 12417 Laws 3 CFR 1032...... 12417 For additional information 523±5227 Proclamations: 1033...... 12417 7068...... 10289 1036...... 12417 Presidential Documents 7069...... 10487 1040...... 12417 Executive orders and proclamations 523±5227 7070...... 10489 1044...... 12417 The United States Government Manual 523±5227 7071...... 10741 1046...... 12417 7072...... 11983 1049...... 12417 7073...... 12973 1050...... 12417 Other Services 7074...... 12975 1064...... 12417 Electronic and on-line services (voice) 523±4534 Executive Orders: 1065...... 12417 12957 (See Notice of Privacy Act Compilation 523±3187 1068...... 12417 March 4, 1998)...... 11099 Public Laws Update Service (numbers, dates, etc.) 523±6641 1076...... 12417 12959 (See Notice of TDD for the hearing impaired 523±5229 1079...... 12417 March 4, 1998)...... 11099 1106...... 12417 13059 (See Notice of 1124...... 12417 ELECTRONIC BULLETIN BOARD March 4, 1998)...... 11099 1126...... 12417 13077...... 12381 Free Electronic Bulletin Board service for Public Law numbers, 1131...... 12417 13078...... 13111 Federal Register finding aids, and list of documents on public 1134...... 12417 inspection. 202±275±0920 Administrative Orders: 1135...... 12417 Presidential Determinations: PUBLIC LAWS ELECTRONIC NOTIFICATION SERVICE (PENS) 1137...... 12417 No. 98±15 of February 1138...... 12417 Free electronic mail notification of newly enacted Public Laws is 26, 1998 ...... 12937 1139...... 12417 now available. To subscribe, send E-mail to listprocetc.fed.gov No. 98±16 of March 4, with the text message: subscribe PUBLAWS-L (your name). The 1998 ...... 13109 8 CFR text of laws is not available through this service. PENS cannot No. 98±19 of March 103...... 12979 respond to specific inquiries sent to this address. 13, 1998 ...... 14019 204...... 12979 Memorandums: 208...... 12979 FEDERAL REGISTER PAGES AND DATES, MARCH March 5, 1998 ...... 12377 209...... 12979 244...... 12979 5 CFR 10123±10288...... 2 245...... 12979 10289±10490...... 3 880...... 10291 264...... 12979 10491±10742...... 4 2610...... 13115 299...... 12979 10743±11098...... 5 Proposed Rules: 316...... 12979 300...... 13564 11099±11358...... 6 332...... 12979 335...... 12979 11359±11580...... 9 7 CFR 11581±11818...... 10 2...... 11101 9 CFR 11819±11984...... 11 6...... 13481 2...... 10493 11985±12382...... 12 56...... 13329 3...... 10493 12383±12602...... 13 301...... 12603 94...... 120603 12603±12976...... 16 319...... 12383, 13482 381...... 11359 12977±13110...... 17 723...... 11581 417...... 11104 13111±13328...... 18 900...... 10491 Proposed Rules: 13329±13480...... 19 929...... 10491 92...... 12700 930...... 14021 13481±13772...... 20 93...... 12700 966...... 12396 13773±14018...... 23 94...... 12700 980...... 12396 14019±14328...... 24 95...... 12700 982...... 10491 96...... 12700 989...... 10491, 11585 97...... 12700 999...... 12977 98...... 12700 1496...... 11101 130...... 12700 1728...... 11589 145...... 12036 Proposed Rules: 1000...... 12417 10 CFR 1001...... 12417 9...... 12988 1002...... 12417 30...... 13773 1004...... 12417 32...... 13773 1005...... 12417 40...... 13773 1006...... 12417 50...... 13773 1007...... 12417 52...... 13773 1012...... 12417 60...... 13773 1013...... 12417 61...... 13773 ii Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Reader Aids

70...... 13773 382...... 10528, 11954 122...... 11383, 13025 61...... 11120 71...... 13773 1274...... 12992 Proposed Rules: 72...... 13372, 13773 Proposed Rules: 20 CFR 511...... 11818 110...... 13773 39 ...... 10156, 10157, 10349, 656...... 13756 29 CFR 150...... 13773 10572, 10573, 10576, 10579, Proposed Rules: 430...... 13308 10783, 11169, 11171, 11381, 404...... 11854 4044...... 12411 600...... 10499 11631, 12042, 12418, 12419, 422...... 11856 Proposed Rules: 1500...... 13485 12707, 12709, 13013, 13151, 1910...... 13338 1502...... 13485 13374, 13376, 13378, 13379, 21 CFR 1915...... 13338 1504...... 13485 13381, 13566, 13569, 13570, Ch. 1 ...... 14035 1926...... 13338 1506...... 13485 13572, 13574. 13576, 13577, 14...... 11596 2200...... 10166 1530...... 13485 13579, 13581, 13800, 13801, 104...... 11597 30 CFR 1534...... 13485 14043, 14044, 14047, 14049, 173...... 11118 1535...... 13485 14051, 14055 310...... 13526 7...... 12647 Proposed Rules: 71 ...... 11382, 11853, 12043, 510...... 11597 31...... 12647 Ch. I ...... 11169 12044, 12045, 12047, 12048, 514...... 10765 32...... 12647 72...... 12040 12049, 12050, 12051, 12052, 520...... 13121 36...... 12647 430...... 10571 12053, 12054, 12055, 12710, 522 ...... 11597, 13121, 13122 70...... 12647 12712, 13015, 13016, 13803, 524...... 14035 75...... 12647 11 CFR 13804, 13805, 13807, 13808, 528...... 14035 870...... 10307 Proposed Rules: 13809 556 ...... 13122, 13337, 14035 914...... 12648 100...... 10783 558 ...... 10303, 11598, 11599, 916...... 10309 15 CFR 114...... 10783 13123 918...... 11829 70...... 10303 920...... 13781 12 CFR 1220...... 12996 770...... 14028 Proposed Rules: 943...... 10317 357...... 10293 774...... 14028 101...... 13154 Proposed Rules: 575...... 11361 902...... 11591, 14030 184...... 12421 206...... 11384, 14057 614...... 10515, 12401 Proposed Rules: 314...... 11174 243...... 11634 627...... 12401 960...... 10785 809...... 10792 250...... 11385, 11634 701...... 10743, 14025 2004...... 10159 864...... 10792 290...... 11634 704...... 10743 880...... 11632 708...... 10515, 10518 16 CFR 31 CFR 712...... 10743 305...... 14034 22 CFR 358...... 11354 724...... 14025 1203...... 11712 41...... 10304, 13026 500...... 10321 740...... 10743 Proposed Rules: 514...... 13337 505...... 10321 Proposed Rules: Ch. II ...... 13017 515...... 10321 202...... 12326 1700...... 13019 24 CFR 32 CFR 203...... 12329 597...... 10714 17 CFR 21...... 12152 210...... 12700 888...... 11956 22...... 12152 229...... 12700 1...... 11368 950...... 12334 23...... 12152 357...... 10349 5...... 11368 953...... 12334 28...... 12152 611...... 13564 31...... 11368 955...... 12334 32...... 12152 230...... 13916 1000...... 12334, 13105 13 CFR 34...... 12152 232...... 13916 1003...... 12334 40a...... 11831 115...... 12605 239...... 13916 1005...... 12334, 13105 240...... 13916 220...... 11599 14 CFR 270...... 13916 Proposed Rules: 706...... 13340 206...... 12930 25...... 12862, 13773 274...... 13916 Proposed Rules: 39 ...... 10295, 10297, 10299, Proposed Rules: 25 CFR 220...... 11635 10301, 10519, 10523, 10527, 1...... 12713, 13025 323...... 11198 256...... 10124 10758, 11106, 11108, 11110, 200...... 11173 507...... 11858 514...... 12312 11112, 11113, 11114, 11116, 230...... 10785, 13988 11367, 11819, 11820, 11821, 239...... 13988 Proposed Rules: 33 CFR 11823, 11985, 11987, 12401, 240 ...... 11173, 12056, 12062 Ch. III...... 10798, 12323 100...... 14036 12403, 12405, 12407, 12408, 249...... 11173 518...... 12319 117 ...... 10139, 10777, 11600, 12605, 12607, 12609, 12611, 270...... 13988 26 CFR 14037 12613, 12614, 12615, 12617, 274...... 13988 Proposed Rules: 13116, 13332, 13333, 13335, 1 ...... 10305, 10772, 12410, Subch. S ...... 13583 19 CFR 13487, 13489, 13491, 13493, 12641 100...... 14057 13495, 13497, 13498, 13500, 7...... 10970 301...... 13124 117...... 11641, 11642 13502, 13505, 13507, 13508, 10...... 10970 Proposed Rules: 175...... 13586 13510, 13512, 13514, 14026 19...... 11825 1 ...... 11177, 11954, 12717, 71 ...... 11118, 11989, 11990, 101...... 11825, 12994 13383 36 CFR 11991, 12410, 12618, 12619, 133...... 11996 301...... 10798 7...... 13341 12620, 12622, 12623, 12624, 142...... 12995 27 CFR Proposed Rules: 12625, 12627, 12628, 12629, 145...... 10970 7...... 13383 12630, 12632, 12633, 12634, 146...... 11825 9...... 11826 12635, 12637, 12638, 12639, 161...... 11825 55...... 12643 38 CFR 12640, 12988, 12989, 12991, 173...... 10970 72...... 12643 2...... 11121 12992, 13775, 13776, 13778, 174...... 10970 178...... 12643 3...... 11122 13779 178...... 10970 179...... 12643 17...... 11123 91...... 10123 181...... 10970 Proposed Rules: 21...... 14037 95...... 13118 191...... 10970, 13105 9...... 13583 36...... 12152 97 ...... 10760, 10761, 10763, 351...... 13516 11992, 11994, 11995 Proposed Rules: 28 CFR 39 CFR 198...... 13734 101...... 13025 60...... 11119 20...... 13124 Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Reader Aids iii

Proposed Rules: Proposed Rules: 222...... 11850 209...... 11618 111...... 11199, 12864 4...... 11634 223...... 11522 213...... 11618 414...... 12068 225...... 11522 214...... 11618 40 CFR 4200...... 13608 226...... 11522 215...... 11618 52 ...... 11370, 11372, 11600, 227...... 11522 216...... 11618 44 CFR 11831, 11833, 11836, 11839, 229...... 11522 217...... 11618 11840, 11842, 13343, 13525, 64...... 11609, 13543 231...... 11522, 12862 218...... 11618 13784, 13787, 13789, 13795 65...... 10144, 10147 232...... 11522 219...... 11618 62...... 11606, 13531 67...... 10150 233...... 11522 220...... 11618 63...... 13533 Proposed Rules: 234...... 11522 221...... 11618 70...... 13346 67...... 10168 235...... 11522 223...... 11618 81 ...... 11842, 12007, 12652, 206...... 10816 236...... 11522 225...... 11618 13343 237...... 11522 228...... 11618 45 CFR 82...... 11084 239...... 11522 229...... 11618 86...... 11374, 11847 1305...... 12652 241...... 11522 230...... 11618 131...... 10140 1611...... 11376 242...... 11522 231...... 11618 180 ...... 10537, 10543, 10545, Proposed Rules: 243...... 11522 232...... 11618 10718, 13126, 13128, 13129, 60...... 14059 250...... 11522 233...... 11618 13541 283...... 10264 252 ...... 10499, 11522, 11850 234...... 11618 264...... 11124 307...... 10173 253...... 11522 235...... 11618 265...... 11124 1215...... 12068 532...... 12660 236...... 11618 300...... 11332, 11375 1602...... 11393 552...... 12660 240...... 11618 302...... 13460 2507...... 12068 927...... 10499 377...... 11624 355...... 13460 952...... 10499 386...... 12413 721...... 11608 46 CFR 970...... 10499 571...... 12660 Proposed Rules: 56...... 10547 1511...... 10548 Proposed Rules: 52 ...... 11386, 11387, 11643, 71...... 10777 1515...... 10548 383...... 10180 11862, 11863, 11864, 11865, 1552...... 11074 384...... 10180 47 CFR 13154, 13385, 13587, 13810, 1801...... 11479 571...... 10355 13811 1 ...... 10153, 10780, 12013, 1802...... 11479 653...... 10183 60...... 13587 12658, 13610 1803...... 11479 654...... 10183 62 ...... 11643, 13154, 13589 21...... 12658 1804...... 11479 63...... 14182 22...... 10338 1805...... 11479 81...... 11865, 13385 24 ...... 10153, 10338, 12658 1806...... 12997 50 CFR 131...... 10799 26...... 12658 1807...... 12997 17...... 12664, 13134 180 ...... 10352, 10722, 13156 27...... 10338, 12658 1814...... 11479 21...... 10550 264...... 11200 61...... 13132 1815...... 11479 38...... 11624 265...... 11200 64...... 11612, 13798 1816 ...... 11479, 12997, 13133 227...... 13347 300 ...... 10582, 11340, 13385, 73 ...... 10345, 10346, 11376, 1817...... 11479 300...... 13000 13816 11378, 11379, 12412, 12413, 1819...... 12997 600...... 10677 721...... 11643 13347, 13545, 13546 1832...... 11479, 14039 622 ...... 10154, 10561, 11628 74...... 13546 1833...... 14041 630...... 12687 42 CFR 90...... 10338, 12658 1834...... 11479 644...... 14030 400...... 11147 95...... 12658 1835...... 11479 648 ...... 11160, 11591, 11852, 409...... 11147 101 ...... 10338, 10778, 10780, 1837...... 12997 13563 410...... 11147 14039 1842...... 11479 660...... 10677 411...... 11147 Proposed Rules: 1844...... 11479 679 ...... 10569, 11160, 11161, 412...... 11147 1...... 10180, 13610 1852 ...... 11479, 13133, 14039 11167, 11629, 12027, 12415, 413...... 11147 25...... 11202 1853...... 11479 12416, 12688, 12689, 12697, 424...... 11147 73 ...... 10354, 10355, 11400, 1871...... 11479 12698, 13009, 131150, 440...... 11147 11401, 12426, 12427, 13027, 1872...... 11479 13798 441...... 10730 13158, 13612, 13818 Proposed Rules: 697...... 10154, 14042 485...... 11147 100...... 11202 31...... 13771 Proposed Rules: 488...... 11147 32...... 11074 17 ...... 10817, 13819, 13825, 489...... 10730, 11147 48 CFR 46...... 13770 14060 498...... 11147 Ch. V...... 12969 52...... 11074 20...... 13748 Proposed Rules: 201...... 11522 232...... 11074 36...... 13158 Ch. IV...... 10732 202...... 11522 252...... 11074 222...... 11482, 13832 400...... 13590 204...... 11522 806...... 11865 226 ...... 11482, 11750, 11774 411...... 11649 209...... 11522, 11850 227 ...... 11482, 11750, 11774, 421...... 13590 212...... 11522, 11850 49 CFR 11798, 13832 424...... 11649 213...... 11850 1...... 10781 300...... 11401, 11649 435...... 11649 214...... 11522 191...... 12659 600...... 11402, 12427 455...... 11649 215...... 11522 192...... 12659 648...... 13028 216...... 11522 194...... 10347 660...... 13833 43 CFR 217...... 11522, 11850 195...... 12659 679...... 10583, 13161 5040...... 13130 219...... 11522 199...... 12998, 14041 iv Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Reader Aids

REMINDERS Animal drugs, feeds, and due by 3-30-98; published International fisheries The items in this list were related products: 1-27-98 regulations: editorially compiled as an aid Monensin; published 3-24-98 Plant-related quarantine, Land Remote Sensing to Federal Register users. New drug applicationsÐ domestic and foreign: Policy Act of 1992Ð Inclusion or exclusion from Moxidectin; published 3- Karnal bunt diseaseÐ Private land remote- this list has no legal 24-98 Regulated areas; sensing space systems; significance. licensing provisions; NATIONAL AERONAUTICS movement from; comments due by 4-2- AND SPACE comments due by 3-30- 98; published 12-12-97 ADMINISTRATION 98; published 1-28-98 RULES GOING INTO Oil Pollution Act: Acquisition regulations: Plant-related quarantine, EFFECT MARCH 24, 1998 domestic: Natural resource damage FAR supplement (NFS); assessments; comments rewrite: Fire ant, imported; COMMERCE DEPARTMENT comments due by 3-30- due by 3-30-98; published Export Administration Alternative Dispute 2-11-98 Resolution; policy cross- 98; published 1-28-98 Bureau COMMERCE DEPARTMENT reference; published 3- Plant-related quarantine, Export licensing: 24-98 foreign: Patent and Trademark Office Commerce control listÐ FAR supplement; rewrite: Karnal bunt diseaseÐ Patent cases: Australia Group; Finance policy function; Mexicali Valley, Mexico; Continued prosecution precursors for chemical transfer of responsibility; comments due by 3-30- application practice; weapons agents; published 3-24-98 98; published 1-27-98 changes; comments due solvent free basis by 4-6-98; published 2-4- AGRICULTURE calculation requirement NATIONAL CREDIT UNION 98 ADMINISTRATION DEPARTMENT and trace quantity DEFENSE DEPARTMENT exemption removed; Credit unions: Forest Service Defense Logistics Agency published 3-24-98 Federal credit unions acting Forest development Privacy Act; implementation; COMMERCE DEPARTMENT as trustees and transportation system administration; comments comments due by 4-6-98; National Oceanic and custodians of pension and due by 3-30-98; published published 3-6-98 Atmospheric Administration retirement plans; 1-28-98 DEFENSE DEPARTMENT Fishery conservation and published 3-24-98 Acquisition regulations: management: TRANSPORTATION Temporary suspension of DEPARTMENT road construction in Domestic source restrictions Atlantic coastal fisheriesÐ roadless areas; proposed Federal Aviation waiver; comments due by American lobsters; interim rule; comments 4-6-98; published 2-4-98 correction; published 3- Administration due by 3-30-98; published Federal Acquisition Regulation 24-98 Airworthiness directives: 1-28-98 (FAR): Airbus; published 2-17-98 FEDERAL Temporary suspension of Electronic data interchange COMMUNICATIONS Boeing; published 2-17-98 road construction in transactions; shipment COMMISSION EXTRA Flugzeugbau GmbH; roadless areas; comments evidence; comments due Radio services, special: published 2-10-98 due by 3-30-98; published by 3-30-98; published 1- Fixed microwave servicesÐ HOAC Austria; published 2- 2-27-98 27-98 Common carrier and 10-98 National Forest System Progress payments; private operational fixed Rolls Royce plc; published projects and activities; comments due by 4-6-98; microwave services; 2-17-98 notice, comment, and published 3-5-98 appeal procedures; conditional authorization SOCATA-Groupe Personnel: prohibition on appeals by authority; correction; AEROSPATIALE; Personnel security policies Forest Service employees published 3-24-98 published 2-10-98 for granting access to removed; comments due by Local multipoint classified information; distribution service; 28 3-30-98; published 1-28-98 COMMENTS DUE NEXT comments due by 3-31- GHz and 31 GHz COMMERCE DEPARTMENT 98; published 1-30-98 WEEK bands use; correction; National Oceanic and Reciprocity of facilities; published 3-24-98 Atmospheric Administration national policy and FEDERAL TRADE AGRICULTURE Fishery conservation and implementation guidelines; COMMISSION DEPARTMENT management: comments due by 3-31- Appliances, consumer; energy Agricultural Marketing Alaska; fisheries of 98; published 1-30-98 consumption and water use Service Exclusive Economic Technical surveillance information in labeling and Melons grown in Texas; ZoneÐ countermeasures; national advertising: comments due by 3-30-98; Bering Sea and Aleutian policy; comments due by Comparability rangesÐ published 1-29-98 Islands groundfish; 3-31-98; published 1-30- Refrigerators, refrigerator- Onions, imported, and onions comments due by 3-31- 98 freezers and freezers; grown inÐ 98; published 3-16-98 DEFENSE DEPARTMENT published 3-24-98 Idaho and Oregon; Halibut donation program; Navy Department HEALTH AND HUMAN comments due by 4-6-98; comments due by 4-6- Personnel: SERVICES DEPARTMENT published 2-3-98 98; published 2-4-98 Employee conduct standards Food and Drug AGRICULTURE Atlantic coastal fisheries and reporting procedures Administration DEPARTMENT Lobsters; comments due on defense related Administrative practice and Animal and Plant Health by 4-1-98; published 3- employment; CFR parts procedure: Inspection Service 2-98 removed; comments due Association of Official Interstate transportation of Magnuson Act provisions by 3-30-98; published 1- Analytical Chemists animals and animal products Exempted fishing permit 27-98 International; name and (quarantine): applications; comments ENVIRONMENTAL address change; Livestock markets; handling due by 3-30-98; PROTECTION AGENCY published 3-24-98 of reactors; comments published 3-13-98 Drinking water: Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Reader Aids v

National primary drinking HEALTH AND HUMAN Endangered Species Production and utilization water regulationsÐ SERVICES DEPARTMENT Convention: facilities; domestic licensing: Consumer confidence Children and Families Appendices and Nuclear power plantsÐ reports; comments due Administration amendments; comments Components; construction, by 3-30-98; published Child support enforcement due by 3-31-98; published inservice inspection, 2-13-98 program: 1-30-98 and inservice testing; industry codes and Pesticides; tolerances in food, INTERIOR DEPARTMENT Computer support standards; comments animal feeds, and raw enforcement systems; Reclamation Bureau due by 4-3-98; agricultural commodities: automated data Colorado River Water Quality published 1-26-98 processing funding Food packaging Improvement Program: POSTAL SERVICE limitation; comments due impregnated with insect Offstream storage of Domestic Mail Manual: repellant; jurisdiction by 4-1-98; published 3-2- Colorado River water and Mixed BMC/ADC pallets of transferred to FDA; 98 interstate redemption of packages and flats; comments due by 4-3-98; HEALTH AND HUMAN storage credits in the elimination of mailer published 3-4-98 SERVICES DEPARTMENT lower division States; options; comments due by Food packaging Food and Drug comments due by 4-3-98; 4-6-98; published 2-18-98 impregnated with insect Administration published 2-27-98 Nonprofit standard mail rate repellent; jurisdiction Food additives: INTERIOR DEPARTMENT matter; eligibility transferred to FDA; Acidified sodium chlorite requirements; comments comments due by 4-3-98; Surface Mining Reclamation solutions; comments due due by 4-6-98; published published 3-4-98 and Enforcement Office 3-6-98 by 4-6-98; published 3-6- Permanent program and Oxyfluorfen; comments due 98 International Mail Manual: by 4-6-98; published 2-4- abandoned mine land Global priority mail flat rate Human drugs: 98 reclamation plan box rates; comments due Labeling of drug products submissions: by 4-6-98; published 2-3- Terbacil; comments due by (OTC)Ð 4-6-98; published 2-4-98 Arkansas; comments due by 98 Standardized format; 3-30-98; published 2-26- SECURITIES AND FEDERAL comments due by 3-30- 98 EXCHANGE COMMISSION COMMUNICATIONS 98; published 2-13-98 Securities: COMMISSION JUSTICE DEPARTMENT Total parenteral nutrition; Net capital ruleÐ Radio stations; table of Immigration and aluminum in large and Naturalization Service Capital requirements for assignments: small volume parenterals; Immigration: broker-dealer's Arkansas; comments due by labeling requirements; proprietary positions; 3-30-98; published 2-13- comments due by 4-6-98; Employment eligibility statistical models; 98 published 1-5-98 verification process; comments due by 3-30- number of acceptable Kansas; comments due by HOUSING AND URBAN 98; published 12-30-97 documents reduced and 3-30-98; published 2-13- DEVELOPMENT Capital requirements for other changes; comments 98 DEPARTMENT broker-dealers; net due by 4-3-98; published worth charges Kentucky; comments due by Federal National Mortgage 2-2-98 4-6-98; published 2-20-98 Association (Fannie Mae) (``haircuts'') for and Federal Home NATIONAL AERONAUTICS computing interest rate New York; comments due AND SPACE instruments; comments by 3-30-98; published 2- Mortgage Corporation (Freddie Mac): ADMINISTRATION due by 3-30-98; 13-98 published 12-30-97 Non-mortgage investments; Federal Acquisition Regulation Texas; comments due by 3- (FAR): Over-the-counter derivatives 30-98; published 2-13-98 regulatory requirements; Electronic data interchange dealers; capital comments due by 3-30- requirements for broker- FEDERAL RESERVE 98; published 12-30-97 transactions; shipment SYSTEM evidence; comments due dealers; net capital rule; Mortgage and loan insurance comments due by 4-6-98; Securities credit transactions: programs: by 3-30-98; published 1- 27-98 published 3-6-98 Margin regulations; periodic Indian reservationsÐ SMALL BUSINESS review; comments due by Progress payments; Single family mortgages ADMINISTRATION 4-1-98; published 1-16-98 comments due by 4-6-98; Small business size standards: under section 248 of published 3-5-98 FEDERAL RETIREMENT National Housing Act; Size standard changes for THRIFT INVESTMENT authority to insure INTERIOR DEPARTMENT engineering services, BOARD suspension; comments National Indian Gaming architectural services, and Thrift savings plan: due by 4-6-98; Commission surveying and mapping Administrative errors published 2-3-98 Indian Gaming Regulatory Act: services; comments due correction; comments due INTERIOR DEPARTMENT Gaming operations on by 4-6-98; published 2-3- 98 by 3-30-98; published 1- Fish and Wildlife Service Indian lands; minimum 29-98 internal control standards; OFFICE OF UNITED STATES Endangered and threatened TRADE REPRESENTATIVE GENERAL SERVICES comments due by 4-5-98; species: Trade Representative, Office ADMINISTRATION published 3-5-98 Pecos pupfish; comments of United States NUCLEAR REGULATORY Federal Acquisition Regulation due by 3-31-98; published Freedom of Information Act; COMMISSION (FAR): 1-30-98 implementation; comments Electronic data interchange San Bernardino kangaroo Practice rules: due by 4-1-98; published 3- transactions; shipment rat; comments due by 3- Domestic licensing 2-98 evidence; comments due 30-98; published 1-27-98 proceedingsÐ TRANSPORTATION by 3-30-98; published 1- Willamette daisy, Fender's High-level radioactive DEPARTMENT 27-98 Blue butterfly, and waste disposal at Federal Aviation Progress payments; Kincaid's lupine; geologic repository; Administration comments due by 4-6-98; comments due by 3-30- comments due by 3-30- Air carrier certification and published 3-5-98 98; published 1-27-98 98; published 2-2-98 operations: vi Federal Register / Vol. 63, No. 56 / Tuesday, March 24, 1998 / Reader Aids

Repair assessment for TRANSPORTATION TREASURY DEPARTMENT special income pressurized fuselages; DEPARTMENT Community Development exclusion; cross comments due by 4-2-98; National Highway Traffic Financial Institutions Fund reference; comments published 1-2-98 Safety Administration Bank enterprise award due by 4-2-98; published 1-2-98 Airworthiness directives: Fuel economy standards: program; comments due by Airbus; comments due by 4- Automobili Lamborghini 4-6-98; published 12-5-97 Loans to plan participants 3-98; published 3-4-98 S.p.A./Vector Aeromotive TREASURY DEPARTMENT from qualified employer Airbus Industrie; comments Corp.; exemption request; Customs Service plans; comments due by 4-2-98; published 1-2-98 due by 3-30-98; published comments due by 4-6-98; Articles conditionally free, 2-27-98 published 2-4-98 subject to a reduced rate, Qualified long-term care Boeing; comments due by Motor vehicle safety etc.: insurance contracts; 4-3-98; published 2-2-98 standards: Andean Trade Preference consumer protection; Bombardier; comments due Air brake systemsÐ Act; duty preference comments due by 4-2-98; published 1-2-98 by 4-6-98; published 3-6- Medium and heavy provisions; 98 vehicles stability and implementation; comments Qualified plans and Cessna; comments due by control during braking; due by 3-31-98; published individual retirement plans; 3-30-98; published 2-5-98 malfunction indicator 1-30-98 required distributions; Eurocopter France; lamps; comments due Seizures, penalties, and comments due by 3-30- comments due by 4-2-98; by 4-3-98; published 2- liquidated damages; relief 98; published 12-30-97 published 3-3-98 17-98 petitions; comments due by Reorganizations; Hartzell Propeller Inc.; TRANSPORTATION 4-3-98; published 2-2-98 nonqualified preferred comments due by 3-30- DEPARTMENT TREASURY DEPARTMENT stock; cross-reference; 98; published 1-28-98 Research and Special Internal Revenue Service comments due by 4-6-98; McDonnell Douglas; Programs Administration Excise taxes: published 1-6-98 comments due by 4-6-98; Pipeline safety: Deposit safe harbor rules Procedure and administration: published 2-19-98 Hazardous liquid and fuel floor stocks Agreements for tax liability Pilatus Aircraft Ltd.; transportationÐ taxes; cross reference; installment payments; comments due by 4-3-98; comments due by 3-30- Older hazardous liquid comments due by 3-31- published 3-3-98 98; published 12-29-97 and carbon dioxide 98; published 12-31-97 Raytheon; comments due by pipelines; pressure Income taxes: Unauthorized collection 3-31-98; published 2-2-98 testing; risk-based Foreign investmentÐ actions, civil cause of Class E airspace; comments alternative; comments Passive foreign action; comments due by due by 3-30-98; published due by 4-6-98; investment company 3-31-98; published 12-31- 2-12-98 published 2-5-98 preferred shares; 97