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1 II Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000

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2 III

Contents Federal Register Vol. 65, No. 70

Tuesday, April 11, 2000

Agriculture Department Masonite Corp., 19387 See Animal and Plant Health Inspection Service Philips Lighting Co., 19387–19388 See Food and Nutrition Service Radionic’s, Inc., et al., 19388–19389 See Forest Service Weiser Lock, 19389 See Natural Resources Conservation Service Zin Plas et al., 19389–19390 Adjustment assistance and NAFTA transitional adjustment Air Force Department assistance: NOTICES PacifiCorp, 19386 Environmental statements; availability, etc.: NAFTA transitional adjustment assistance: Dyess and Barksdale Air Force Bases, TX; Realistic Court Metal Finishing, Inc., 19390 Bomber Training Initiative, 19364 Delphax Corp., 19390 Patent licenses; non-exclusive, exclusive, or partially Diana Knitting Corp., 19391 exclusive: McCain Foods, 19391 PDR, Inc., 19364 Renewable Energies et al., 19391–19393 S. Bent & Bros., Inc., 19393 Animal and Plant Health Inspection Service Tandycrafts, Inc., 19393 RULES Weiser Lock, 19393 Exportation and importation of animals and animal products: Energy Department Ports of entry— See Federal Energy Regulatory Commission Dayton, OH; port designated for exportation of horses, NOTICES 19294 Grants and cooperative agreements; availability, etc.: Oil industry; preferred upstream management practices; Children and Families Administration identification and demonstration, 19364–19365 NOTICES Privacy Act: Environmental Protection Agency Computer matching programs, 19381–19382 RULES Air programs: Commerce Department Stratospheric ozone protection— See Export Administration Bureau Ozone-depleting substances; substitutes list, 19327– See International Trade Administration 19329 See National Oceanic and Atmospheric Administration Air quality implementation plans; approval and NOTICES promulgation; various States: Agency information collection activities: Indiana, 19319–19323 Submission for OMB review; comment request, 19357– Massachusetts, 19323–19327 19358 PROPOSED RULES Nongovernmental organizations; trade policy advice, Air quality implementation plans; approval and procedures for obtaining; comment request, 19423 promulgation; various States: Indiana, 19353 Defense Department Massachusetts, 19353–19354 See Air Force Department Water pollution; effluent guidelines for point source categories: Education Department Coal mining, 19440–19474 RULES NOTICES Postsecondary education: Confidential business information and data transfer, 19378 Teacher Quality Enhancement Program, 19606–19614 Reports and guidance documents; availability, etc.: NOTICES Self-policing incentives; discovery, disclosure, correction, Grants and cooperative agreements; availability, etc.: and prevention of violations (audit policy); policy Effective Teacher Preparation National Awards Program, statement, 19618–19627 19572–19577 Small business compliance policy, 19630–19634 Postsecondary education— Teacher Quality Enhancement Program, 19615–19616 Executive Office of the President Special education and rehabilitative services: See Presidential Documents Individuals with Disabilities Education Act (IDEA)— See Trade Representative, Office of United States Correspondence; quarterly list, 19636–19637 Export Administration Bureau Employment and Training Administration NOTICES NOTICES Meetings: Adjustment assistance: Materials Processing Equipment Technical Advisory Chevron Products Co., 19387 Committee, 19358 Enaid Sportswear, Inc., 19387 Public key infrastructures for advanced network Georgia Pacific Corp., 19387 technologies; workshop, 19358–19359

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Farm Credit Administration Rochester Gas & Electric Corp. et al., 19375–19377 NOTICES Hydroelectric applications, 19377–19378 Meetings; Sunshine Act, 19378–19379 Applications, hearings, determinations, etc.: Columbia Gas Transmission Corp., 19365–19366 Federal Aviation Administration El Paso Natural Gas Co., 19366 RULES Granite State Gas Transmission, Inc., 19366 Airworthiness directives: Midwestern Gas Transmission Co., 19366–19367 Airbus, 19308–19310 Mississippi Canyon Gas Pipeline, LLC, 19367 Boeing, 19296–19298, 19302–19308, 19310–19313 Natural Gas Pipeline Co. of America, 19367 Dornier, 19313–19315 PG&E Gas Transmission, Northwest Corp., 19367–19368 Industrie Aeronautiche e Meccaniche, 19305–19306 Reliant Energy Gas Transmission Co., 19368–19369 Turbomeca, 19298–19302 Southern Natural Gas Co., 19369 Airworthiness standards: South Georgia Natural Gas Co., 19369 Special conditions— Transwestern Pipeline Co., 19370 Airbus A-300 Model B2-1A, B2-1C, B4-2C, B2K-3C, B4- 103, B2-203, B4-203 airplanes, 19294–19296 Federal Highway Administration Class E airspace, 19315–19317 NOTICES PROPOSED RULES Environmental statements; notice of intent: Airworthiness directives: Randolph and Tucker Counties, WV, 19425–19426 Airbus, 19348–19350 Empresa Brasileira de Aeronautica S.A., 19345–19348 McDonnell Douglas, 19350–19353 Federal Railroad Administration NOTICES NOTICES Advisory circulars; availability, etc.: Exemption petitions, etc.: Transport category airplanes— Aberdeen Carolina & Western Railway, 19426 Propeller blade and hub failures; hazards minimization, Buffalo Southern Railroad, Inc., 19426–19427 19423–19424 National Railroad Passenger Corp. (Amtrak), 19427 Environmental statements; availability, etc.: Union Pacific Railroad Co., 19427–19428 Indianapolis International Airport, IN, 19424 Environmental statements; notice of intent: Federal Reserve System Groton-New London Airport, CT, 19425 NOTICES Passenger facility charges; applications, etc.: Meetings; Sunshine Act, 19379 Sawyer International Airport, MI, 19425

Federal Bureau of Investigation Financial Management Service NOTICES See Fiscal Service Meetings: National Crime Prevention and Privacy Compact Council, Fiscal Service 19385–19386 NOTICES Agency information collection activities: Federal Communications Commission Proposed collection; comment request, 19433 RULES Common carrier services: Local telephone networks that incumbent local telephone Fish and Wildlife Service companies must make available to competitors; NOTICES portion specifications, 19334–19335 Reports and guidance documents; availability, etc.: Radio stations; table of assignments: Tajikistan; pamir arhar (argali); current population status, and , 19335–19337 19383 PROPOSED RULES Practice and procedure: Food and Drug Administration Regulatory fees (2000 FY); assessment and collection, RULES 19580–19604 Medical devices: NOTICES Cardiovascular, orthopedic, and physical medicine Agency information collection activities: diagnostic devices— Proposed collection; comment request, 19379 Cardiopulmonary bypass accessory equipment, goniometer device, and electrode cable devices, Federal Election Commission 19317–19319 PROPOSED RULES Presidential primary and general election candidates; Food and Nutrition Service public financing: Electronic filing of reports, 19339–19345 NOTICES Agency information collection activities: Federal Energy Regulatory Commission Proposed collection; comment request, 19356–19357 NOTICES Electric rate and corporate regulation filings: Forest Service Bonneville Power Administration et al., 19370–19372 NOTICES Consolidated Water Power Co. et al., 19372–19374 Meetings: Louisville Gas & Electric Co. et al., 19374–19375 Willamette Provincial Advisory Committee, 19357

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Geological Survey Merit Systems Protection Board NOTICES RULES Meetings: Practice and procedure: National Satellite Land Remote Sensing Data Archive Hearing tape recordings and written transcripts; copy Advisory Committee, 19383–19384 requests, 19293–19294

Health and Human Services Department National Credit Union Administration See Children and Families Administration NOTICES See Food and Drug Administration Meetings; Sunshine Act, 19394 See Health Care Financing Administration NOTICES National Highway Traffic Safety Administration Organization, functions, and authority delegations: NOTICES Civil Rights Office, 19379–19381 Meetings: Health Care Financing Administration Crash Injury Research and Engineering Network, 19428 RULES Motor vehicle safety standards: Medicare: Nonconforming vehicles— Physician fee schedule (2000 CY); payment policies and Importation eligibility; determinations, 19428–19431 relative value unit adjustments; correction, 19329– 19334 National Oceanic and Atmospheric Administration NOTICES RULES Agency information collection activities: Fishery conservation and management: Proposed collection; comment request, 19382 Alaska; fisheries of Exclusive Economic Zone— Submission for OMB review; comment request, 19382– Rock sole, 19337–19338 19383 PROPOSED RULES Fishery conservation and management: Interior Department Alaska; fisheries of Exclusive Economic Zone— See Fish and Wildlife Service Pacific cod, 19354–19355 See Geological Survey NOTICES See Land Management Bureau Fishery conservation and management: See National Park Service Atlantic highly migratory species— See Special Trustee for American Indians Office Atlantic tunas, swordfish, and sharks; errata sheet availability, 19361 International Trade Administration Meetings: NOTICES Pacific Fishery Management Council, 19361–19362 Antidumping: Western Pacific Fishery Management Council, 19362– Brake rotors from— 19363 China, 19359 Permits: Cut-to-length carbon steel plate from— Exempted fishing, 19363–19364 Mexico, 19359 Electroluminescent flat panel displays and display glass National Park Service from— NOTICES Japan, 19360 Meetings: Countervailing duties: Golden Gate National Recreation Area and Point Reyes Industrial phosphoric acid from— National Seashore Advisory Commission, 19384 Israel, 19360–19361 National Science Foundation Justice Department NOTICES See Federal Bureau of Investigation Antarctic Conservation Act of 1978; permit applications, See Justice Programs Office etc., 19394–19395 Justice Programs Office Natural Resources Conservation Service NOTICES NOTICES Agency information collection activities: Conservation Practices National Handbook: Submission for OMB review; comment request, 19386 Conservation practice standards, new or revised; Labor Department comment request, 19357 See Employment and Training Administration Nuclear Regulatory Commission Land Management Bureau NOTICES NOTICES Agency information collection activities: Closure of public lands: Proposed collection; comment request, 19395–19396 New Mexico, 19384 Environmental statements; availability, etc.: Opening of public lands: Decommissioning of nuclear facilities, 19397–19398 Alaska, 19384 Petitions; Director’s decisions: Power Authority of State of New York, 19398 Legal Services Corporation Applications, hearings, determinations, etc.: NOTICES AmerGen Energy Co., LLC, 19396–19397 Meetings; Sunshine Act, 19393–19394 Snake River Alliance and Envirocare of Utah, 19397

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Office of United States Trade Representative See Research and Special Programs Administration See Trade Representative, Office of United States See Saint Lawrence Seaway Development Corporation NOTICES Presidential Documents Privacy Act: PROCLAMATIONS Systems of records, 19476–19570 Special observances: Volunteer Week, National (Proc. 7287), 19639–19642 Treasury Department See Fiscal Service Public Debt Bureau See Fiscal Service Veterans Affairs Department NOTICES Public Health Service Agency information collection activities: See Food and Drug Administration Proposed collection; comment request, 19433–19435 Submission for OMB review; comment request, 19435– Research and Special Programs Administration 19436 NOTICES Grants and cooperative agreements; availability, etc.: Hazardous Materials Transportation Programs; Homeless Providers Grant and Per Diem Program, 19436– departmentwide program evaluation; findings and 19437 recommendations, 19431–19432

Saint Lawrence Seaway Development Corporation NOTICES Separate Parts In This Issue Meetings: Advisory Board, 19432–19433 Part II Environmental Protection Agency, 19439–19474 Securities and Exchange Commission NOTICES Part III Agency information collection activities: Department of Transportation, 19475–19570 Submission for OMB review; comment request, 19398– 19399 Part IV Investment Company Act of 1940: Department of Education, 19571–19577 , 19572 Exemption applications— Penn Series Funds, Inc., et al., 19399–19401 Part V Meetings; Sunshine Act, 19401 Federal Communications Commission, 19579–19604 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 19401–19407 Part VI Emerging Markets Clearing Corp., 19407–19408 Department of Education, 19605–19614 , 19615–19616 National Association of Securities Dealers, Inc., 19409– 19423 Part VII Environmental Protection Agency, 19617–19627 Special Trustee for American Indians Office NOTICES Part VIII Agency information collection activities: Environmental Protection Agency, 19629–19634 Submission for OMB review; comment request, 19384– 19385 Part IX Trade Representative, Office of United States Department of Education, 19635–19637 NOTICES Nongovernmental organizations; trade policy advice, Part X procedures for obtaining; comment request, 19423 The President, 19639–19642

Transportation Department See Federal Aviation Administration Reader Aids See Federal Highway Administration Consult the Reader Aids section at the end of this issue for See Federal Railroad Administration phone numbers, online resources, finding aids, reminders, See National Highway Traffic Safety Administration and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7287...... 19641 5 CFR 1201...... 19293 9 CFR 91...... 19294 11 CFR Proposed Rules: 101...... 19339 102...... 19339 104...... 19339 109...... 19339 114...... 19339 9003...... 19339 9033...... 19339 14 CFR 25...... 19294 39 (10 documents) ...... 19296, 19298, 19299, 19300, 19302, 19305, 19306, 19308, 19310, 19313 71 (5 documents) ...... 19315, 19316, 19317 Proposed Rules: 39 (3 documents) ...... 19345, 19348, 19350 21 CFR 870...... 19317 888...... 19317 890...... 19317 34 CFR 75...... 19606 611...... 19606 40 CFR 52 (2 documents) ...... 19319, 19323 82...... 19328 Proposed Rules: 52 (2 documents) ...... 19353 434...... 19440 42 CFR 410...... 19330 411...... 19330 414...... 19330 415...... 19330 485...... 19330 47 CFR 51...... 19335 73...... 19336 Proposed Rules: 1...... 19580 50 CFR 679...... 19338 Proposed Rules: 679...... 19354

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Rules and Regulations Federal Register Vol. 65, No. 70

Tuesday, April 11, 2000

This section of the FEDERAL REGISTER 1201.53(b), a copy of a hearing tape hearing tape recordings or written contains regulatory documents having general recording or written transcript is to be transcripts prepared by the official applicability and legal effect, most of which made available to a party upon request hearing reporter will be accepted by the are keyed to and codified in the Code of and upon payment of costs. The Board as the official record of the Federal Regulations, which is published under amendment to 5 CFR 1201.53(b) hearing. When the judge assigned to the 50 titles pursuant to 44 U.S.C. 1510. published today requires that parties case tape records a hearing (for example, The Code of Federal Regulations is sold by send requests for copies of hearing tape a telephonic hearing in a retirement the Superintendent of Documents. Prices of recordings or written transcripts to the appeal), the judge is the ‘‘official new books are listed in the first FEDERAL adjudicating regional or field office or to hearing reporter’’ under this section. REGISTER issue of each week. the Clerk of the Board as appropriate. (b) Copies. When requested and when Because the current rule at 5 CFR costs are paid, a copy of the official 1201.53(b) only states procedures for record of the hearing will be provided MERIT SYSTEMS PROTECTION parties to request copies of hearing tape to a party. A party must send a request BOARD recordings or written transcripts, the for a copy of a hearing tape recording or amendment notifies non-parties that written transcript to the adjudicating 5 CFR Part 1201 their requests for copies of hearing tape regional or field office, or to the Clerk recordings or written transcripts are Practices and Procedures of the Board, as appropriate. A request controlled by the Board’s rules at 5 CFR for a copy of a hearing tape recording or AGENCY: Merit Systems Protection part 1204 (Freedom of Information Act). written transcript sent by a non-party is Board. In addition, the amendment provides controlled by the Board’s rules at 5 CFR ACTION: Final rule. that only hearing tape recordings or part 1204 (Freedom of Information Act). written transcripts prepared by the Requests for hearing tape recordings or SUMMARY: The Merit Systems Protection official hearing reporter will be accepted written transcripts under the Freedom Board (MSPB or the Board) is amending by the Board as the official record of the of Information Act must be sent to the its rules of practice and procedure to hearing. The amendment to 5 CFR appropriate Regional Director, the Chief clarify what a party in a Board 1201.53(c) clarifies procedures for Administrative Judge of the appropriate proceeding must do to get a copy of the parties to request an exception to MSPB Field Office, or to the Clerk of the hearing tape recording or written payment of the cost for hearing tape Board at MSPB headquarters in transcript, to provide that the official recordings or written transcripts. The Washington, DC. hearing record may be a video tape current rule at 5 CFR 1201.53(d) has (c) Exceptions to payment of costs. A recording, and to comply with the been amended because it refers to party may not have to pay for a hearing President’s Memorandum on Plain written transcripts and the Board now tape recording or written transcript if he Language. The amendment also informs tape records its hearings. The new has a good reason. If a party believes he a non-party who wants a copy of a section 5 CFR 1201.53(e) includes a has a good reason and the request is hearing tape recording or written revision of 5 CFR 1201.54 Thus, the made before the judge issues and initial transcript to send a request under the current rule at 5 CFR 1201.54 has been decision, the party must sent the request Board’s Freedom of Information Act removed. for an exception to the judge. If the The Board is publishing this rule as regulations (5 CFR part 1204). The request is made after the judge issues an a final rule in accordance with 5 U.S.C. purpose of the amendment is to guide initial decision, the request must be sent 1204(h). parties to MSPB cases, representatives, to the Clerk of the Board. The party and non-parties on the appropriate way List of Subjects in 5 CFR Part 1201 must clearly state the reason for the to get copies of hearing tape recordings Administrative practice and request in an affidavit or sworn and written transcripts. statement. EFFECTIVE DATE: April 11, 2000. procedure, Civil rights, Government employees. (d) Corrections to written transcript. FOR FURTHER INFORMATION CONTACT: Corrections to the official written Robert E. Taylor, Clerk of the Board, Accordingly, the Board amends 5 CFR part 1201 as follows: transcript may be made on motion by a (202) 653–7200. party or on the judge’s own motion. SUPPLEMENTARY INFORMATION: The PART 1201Ð[AMENDED] Motions for corrections must be filed Board’s current rule at 5 CFR 1201.53(a) within 10 days after the receipt of a provides that a verbatim record of a 1. The authority citation for part 1201 written transcript. Corrections of the hearing in a Board case must be continues to read as follows: official written transcript will be made prepared under the supervision of the Authority: 5 U.S.C. 1204 and 7701, unless only when substantive errors are found judge. The amendment to this rule otherwise noted). and only with the judge’s approval. published today makes clear that a 2. Section 1201.53 is revised to read (e) Official record. Exhibits, the verbatim record, the single official as follows: official hearing record, if a hearing is record of the hearing, will be kept in the held, all papers filed, and all orders and Board’s copy of the appeal file. The § 1201.53 Record of proceedings. decisions of the judge and the Board, amendment also makes clear that an (a) Preparation. A word-for-word make up the official record of the case. audio tape recording, video tape record of the hearing is made under the recording, or written transcript will be judge’s guidance. It is kept in the § 1201.54 (Removed) the official hearing record. Under the Board’s copy of the appeal file and it is 3. Section 1201.54 is removed in its Board’s current rule at 5 CFR the official record of the hearing. Only entirety.

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Dated: April 5, 2000. DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Robert E. Taylor, Comments Invited Clerk of the Board. Federal Aviation Administration The FAA has determined that good [FR Doc. 00–8861 Filed 4–10–00; 8:45 am] 14 CFR Part 25 cause exists for making these special BILLING CODE 7400±01±M conditions effective upon issuance; [Docket No. NM171, Special Conditions No. however, interested persons are invited 25±160±SC] to submit such written data, views, or arguments as they may desire. DEPARTMENT OF AGRICULTURE Special Conditions: Airbus A300 Model B2±1A, B2±1C, B4±2C, B2K±3C, B4± Communications should identify the docket and special conditions number Animal and Plant Health Inspection 103, B2±203, B4±203 Airplanes; High Intensity Radiated Fields (HIRF) and be submitted in duplicate to the Service address specified above. All AGENCY: Federal Aviation communications received on or before 9 CFR Part 91 Administration (FAA), DOT. the closing date for comments will be ACTION: Final special conditions; request considered by the Administrator. These [Docket No. 99±102±2] for comments. special conditions may be changed in light of the comments received. All Ports Designated for Exportation of SUMMARY: These special conditions are comments submitted will be available in Horses; Dayton, OH issued for Airbus A300 Model B2–1A, the Rules Docket for examination by B2–1C, B4–2C, B2K–3C, B4–103, B2– interested persons, both before and after AGENCY: Animal and Plant Health 203, B4–203 airplanes modified by the closing date for comments. A report Inspection Service, USDA. Electronic Cable Specialists. These summarizing each substantive public airplanes will have novel and unusual contact with FAA personnel concerning ACTION: Direct final rule; confirmation of design features when compared to the this rulemaking will be filed in the effective date. state of technology envisioned in the docket. Persons wishing the FAA to airworthiness standards for transport acknowledge receipt of their comments SUMMARY: On February 17, 2000, the category airplanes. The installation of submitted in response to this request Animal and Plant Health Inspection Honeywell Classic Navigator Systems must submit with those comments a Service published a direct final rule. will use advanced electronics when self-addressed, stamped postcard on (See 65 FR 8013–8014, Docket No. 99– compared to the Inertial Navigation which the following statement is made: 102–1.) The direct final rule notified the Systems. The applicable type ‘‘Comments to Docket No. NM171.’’ The public of our intentions to amend the certification regulations do not contain postcard will be date stamped and ‘‘Inspection and Handling of Livestock adequate or appropriate safety standards returned to the commenter. for Exportation’’ regulations by adding for the protection of this system from Background Dayton International Airport in Dayton, the effects of high-intensity radiated OH, as a port of embarkation and fields (HIRF). These special conditions On November 29, 1999, Electronic Instone Air Services, Inc., as the export contain the additional safety standards Cable Specialists, 5300 West Franklin inspection facility for equines for that that the Administrator considers Drive, Franklin, Wisconsin 53132, port. We did not receive any written necessary to establish a level of safety applied for a Supplemental Type adverse comments or written notice of equivalent to that provided by the Certificate (STC) to modify Airbus A300 Model B2–1A, B2–1C, B4–2C, B2K–3C, intent to submit adverse comments in existing airworthiness standards. B4–103, B2–203, B4–203 airplanes response to the direct final rule. DATES: The effective date of these special conditions is March 31, 2000. approved under Type Certificate No. EFFECTIVE DATE: The effective date of the Comments must be received on or A35EU. These are transport category direct final rule is confirmed as: April before May 26, 2000. airplanes with twin engines, and a 17, 2000. seating capacity of up to 267 passengers. ADDRESSES: Comments on these special The modification incorporates the FOR FURTHER INFORMATION CONTACT: Dr. conditions may be mailed in duplicate installation of Honeywell Classic Morley Cook, Senior Staff Veterinarian, to: Federal Aviation Administration, Navigator Systems. Each system consists National Center for Import and Export, Transport Airplane Directorate, Attn: of a Honeywell HT–9100 Navigation VS, APHIS, 4700 River Road Unit 39, Rules Docket (ANM–114), Docket No. Management System, a Super Attitude Riverdale, MD 20737–1231; (301) 734– NM171, 1601 Lind Avenue SW., Heading Reference System, and a Digital 6479. Renton, Washington, 98055–4056; or to Analog Adapter. These advanced delivered in duplicate to the Transport Authority: 21 U.S.C. 105, 112, 113, 114a, systems use electronics to a far greater Airplane Directorate at the above extent than the original Inertial 120, 121, 134b, 134f, 136, 136a, 612, 613, address. Comments must be marked: 614, and 618; 46 U.S.C. 466a, and 466b; 49 Navigation Systems and may be more Docket No. NM171. Comments may be susceptible to electrical and magnetic U.S.C. 1509(d); 7 CFR 2.22, 2.80, and inspected in the Rules Docket 371.2(d). interference. This disruption of signals weekdays, except Federal holidays, could result in loss of attitude or present Done in Washington, DC, this 5th day of between 7:30 a.m. and 4:00 p.m. misleading information to the pilot. April 2000. FOR FURTHER INFORMATION CONTACT: Bobby R. Acord, Connie Beane, FAA, Standardization Type Certification Basis Acting Administrator, Animal and Plant Branch, ANM–113, Transport Airplane Under the provisions of 14 CFR Health Inspection Service. Directorate, Aircraft Certification 21.101, Electronic Cable Specialists [FR Doc. 00–8936 Filed 4–10–00; 8:45 am] Service, 1601 Lind Avenue SW., must show that Airbus A300 Model B2– BILLING CODE 3410±34±U Renton, Washington, 98055–4056; 1A, B2–1C, B4–2C, B2K–3C, B4–103, telephone (425) 227–2796; facsimile B2–203, B4–203 airplanes, as changed, (425) 227–1149. continue to meet the applicable

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The MHz ...... 100 100 the regulations incorporated by regulations incorporated by reference in 400 MHz±700 the type certificate are commonly reference, special conditions are needed MHz ...... 700 50 referred to as the ‘‘original type for the Airbus A300 Model B2–1A, B2– 700 MHz±1 GHz 700 100 certification basis.’’ The certification 1C, B4–2C, B2K–3C, B4–103, B2–203, 1 GHz±2 GHz ... 2000 200 basis for the modified Airbus A300 B4–203 airplanes, which require that 2 GHz±4 GHz ... 3000 200 Model B2–1A, B2–1C, B4–2C, B2K–3C, new electrical and electronic systems, 4 GHz±6 GHz ... 3000 200 B4–103, B2–203, B4–203 airplanes such as the Honeywell Navigator 6 GHz±8 GHz ... 1000 200 includes 14 CFR part 25, dated February Systems, that perform critical functions 8 GHz±12 GHz 3000 300 1, 1965, as amended by Amendments be designed and installed to preclude 12 GHz±18 GHz 2000 200 25–1 through 25–21. component damage and interruption of 18 GHz±40 GHz 600 200 If the Administrator finds that the function due to both the direct and applicable airworthiness regulations indirect effects of HIRF. The field strengths are expressed in terms of peak of the root-mean-square (rms) over (i.e., part 25, as amended) do not High-Intensity Radiated Fields the complete modulation period. contain adequate or appropriate safety standards for the Airbus A300 Model With the trend toward increased Applicability B2–1A, B2–1C, B4–2C, B2K–3C, B4– power levels from ground-based 103, B2–203, B4–203 airplanes because transmitters, plus the advent of space As discussed above, these special of novel or unusual design features, and satellite communications coupled conditions are applicable Airbus A300 special conditions are prescribed under with electronic command and control of Model B2–1A, B2–1C, B4–2C, B2K–3C, the provisions of § 21.16. the airplane, the immunity of critical B4–103, B2–203, B4–203 airplanes In addition to the applicable digital avionics systems to HIRF must be modified by Electronic Cable airworthiness regulations and special established. Specialists. Should Electronic Cable conditions, the Airbus A300 Model B2– It is not possible to precisely define Specialists apply at a later date for a 1A, B2–1C, B4–2C, B2K–3C, B4–103, the HIRF to which the airplane will be supplemental type certificate to modify B2–203, B4–203 airplanes must comply exposed in service. There is also any other model included on the same with the part 25 fuel vent and exhaust uncertainty concerning the effectiveness type certificate to incorporate the same emission requirements of 14 CFR part of airframe shielding for HIRF. novel or unusual design feature, these 34 and the part 25 noise certification Furthermore, coupling of special conditions would apply to that requirements of 14 CFR part 36. electromagnetic energy to cockpit- model as well under the provisions of Special conditions, as appropriate, are installed equipment through the cockpit § 21.101(a)(1). window apertures is undefined. Based issued in accordance with § 11.49, as Conclusion required by §§ 11.28 and 11.29(b), and on surveys and analysis of existing HIRF emitters, an adequate level of protection become part of the type certification This action affects only certain design exists when compliance with the HIRF basis in accordance with § 21.101(b)(2). features on Airbus A300 Model B2–1A, protection special condition is shown Special conditions are initially B2–1C, B4–2C, B2K–3C, B4–103, B2– applicable to the model for which they with either paragraph 1, or 2 below: 1. A minimum threat of 100 volts per 203, B4–203 airplanes modified by are issued. Should Electronic Cable Electronic Cable Specialists. It is not a Specialists apply at a later date for a meter root-mean-square (rms) electric field strength from 10 KHz to 18 GHz. rule of general applicability and affects supplemental type certificate to modify only the applicant who applied to the any other model already included on a. The threat must be applied to the system elements and their associated FAA for approval of these features on the same type certificate to incorporate the airplane. the same novel or unusual design wiring harnesses without the benefit of feature, these special conditions would airframe shielding. The substance of the special b. Demonstration of this level of also apply to the other model under the conditions for this airplane has been protection is established through system provisions of § 21.101(a)(1). subjected to the notice and comment tests and analysis. procedure in several prior instances and Novel or Unusual Design Features 2. A threat external to the airframe of has been derived without substantive The Airbus A300 Model B2–1A, B2– the following field strengths for the change from those previously issued. It 1C, B4–2C, B2K–3C, B4–103, B2–203, frequency ranges indicated. Both peak is unlikely that prior public comment B4–203 airplanes will incorporate a new and average field strength components would result in a significant change navigation system, which was not from the table are to be demonstrated. from the substance contained herein. For this reason, and because a delay available at the time of certification of Field Strength (volts per meter) these airplanes, that performs critical would significantly affect the functions. This system may be Frequency Peak Average certification of the airplane, which is vulnerable to high intensity radiated imminent, the FAA has determined that fields (HIRF) external to the airplane. 10 kHz±100 kHz 50 50 prior public notice and comment are 100 kHz±500 unnecessary and impracticable, and Discussion kHz ...... 50 50 good cause exists for adopting these There is no specific regulation that 500 kHz±2 MHz 50 50 special conditions upon issuance. The 2 MHz±30 MHz 100 100 addresses protection requirements for 30 MHz±70 MHz 50 50 FAA is requesting comments to allow electrical and electronic systems from 70 MHz±100 interested persons to submit views that HIRF. Increased power levels from MHz ...... 50 50 may not have been submitted in ground-based radio transmitters and the 100 MHz±200 response to the prior opportunities for growing use of sensitive electrical and MHz ...... 100 100 comment described above.

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List of Subjects in 14 CFR Part 25 the outboard beam attachment and Interested persons have been afforded Aircraft, Aviation safety, Reporting forward trunnion support on the main an opportunity to participate in the and recordkeeping requirements. landing gear (MLG) and to detect making of this amendment. Due The authority citation for these corrosion on the structure adjacent to consideration has been given to the special conditions is as follows: the fuse pin; and corrective actions, if single comment received. necessary. This amendment also Request To Change Repetitive Authority: 49 U.S.C. 106(g), 40113, 44701, requires eventual replacement of the 44702, 44704. Inspection Interval fuse pins with new corrosion resistant The Special Conditions steel (CRES) fuse pins, which The commenter requests that the constitutes terminating action for the proposed repetitive inspection interval Accordingly, pursuant to the repetitive inspections. This amendment be changed from 3,000 flight cycles or authority delegated to me by the is prompted by a report of damaged fuse 24 months (whichever occurs first) to Administrator, the following special pins caused by corrosion. The actions either 36 months or to 3,000 flight conditions are issued as part of the type specified by this AD are intended to cycles or 24 months (whichever is later). certification basis Airbus A300 Model prevent corroded fuse pins, which could The commenter states that 3,000 flight B2–1A, B2–1C, B4–2C, B2K–3C, B4– result in the MLG separating from the cycles does not correspond to the 24- 103, B2–203, B4–203 airplanes modified wing, and consequent damage to the month calendar time. The commenter by Electronic Cable Specialists. adds that 36 months would more closely 1. Protection from Unwanted Effects airplane and possible rupture of the wing fuel tank. reflect the amount of time it takes for its of High-Intensity Radiated Fields airplanes to accumulate 3,000 flight (HIRF). Each electrical and electronic DATES: Effective May 16, 2000. cycles. system that performs critical functions The incorporation by reference of The FAA does not concur with this must be designed and installed to certain publications listed in the request. This AD addresses corrosion of ensure that the operation and regulations is approved by the Director the fuse pins, which is a time-related operational capability of these systems of the Federal Register as of May 16, phenomenon. Therefore, the critical to perform critical functions are not 2000. element of the repetitive inspection adversely affected when the airplane is ADDRESSES: The service information interval in this case is the amount of exposed to high intensity radiated referenced in this AD may be obtained calendar time that passes between fields. from Boeing Commercial Airplane inspections, rather than the number of 2. For the purpose of these special Group, P.O. Box 3707, Seattle, flight cycles accumulated. Therefore, conditions, the following definition Washington 98124–2207. the FAA finds that the repetitive applies: Critical Functions. Functions This information may be examined at inspection interval of 3,000 flight cycles whose failure would contribute to or the Federal Aviation Administration or 24 months, whichever occurs first, is cause a failure condition that would (FAA), Transport Airplane Directorate, appropriate to address the identified prevent the continued safe flight and Rules Docket, 1601 Lind Avenue, SW., unsafe condition in a timely manner landing of the airplane. Renton, Washington; or at the Office of and to ensure an adequate level of Issued in Renton, Washington, March 31, the Federal Register, 800 North Capitol safety. No change to the final rule is 2000. Street, NW., suite 700, Washington, DC. necessary. Donald L. Riggin, FOR FURTHER INFORMATION CONTACT: Revised Service Information Acting Manager, Transport Airplane James G. Rehrl, Aerospace Engineer, Directorate, Aircraft Certification Service, Since the issuance of the proposed Airframe Branch, ANM–120S, FAA, AD, the FAA has reviewed and ANM–100. Transport Airplane Directorate, Seattle [FR Doc. 00–8849 Filed 4–10–00; 8:45 am] approved Boeing Service Bulletin 757– Aircraft Certification Office, 1601 Lind 57A0054, Revision 1, including BILLING CODE 4910±13±P Avenue, SW., Renton, Washington Appendix A, both dated December 16, 98055–4056; telephone (425) 227–2783; 1999. (The original issue of the service fax (425) 227–1181. DEPARTMENT OF TRANSPORTATION bulletin is referenced in the proposal as SUPPLEMENTARY INFORMATION: A the appropriate source of service Federal Aviation Administration proposal to amend part 39 of the Federal information for accomplishment of the Aviation Regulations (14 CFR part 39) to actions required by this AD.) Revision 1 14 CFR Part 39 include an airworthiness directive (AD) is essentially equivalent to the original that is applicable to certain Boeing issue; however, Revision 1 adds [Docket No. 99±NM±57±AD; Amendment Model 757–200 and –200PF series 39±11667; AD 2000±07±13] references to optional parts and changes airplanes was published in the Federal certain compliance recommendations. RIN 2120±AA64 Register on October 6, 1999 (64 FR Revision 1 recommends that, if the alloy 54227). That action proposed to require steel fuse pins have already been Airworthiness Directives; Boeing repetitive detailed visual inspections to replaced on an airplane that was four Model 757±200 and ±200PF Series detect loose fuse pins in the outboard years (or more) old, the inspection of Airplanes beam attachment and forward trunnion those pins can be extended to within AGENCY: Federal Aviation support on the main landing gear (MLG) four years or 6,000 flight cycles after Administration, DOT. and to detect corrosion on the structure installation. A new paragraph (b) has ACTION: Final rule. adjacent to the fuse pin; and corrective been added to the final rule to specify actions, if necessary. That action also the revised compliance time for those SUMMARY: This amendment adopts a proposed to require eventual particular airplanes. new airworthiness directive (AD), replacement of the fuse pins with new The FAA also has revised the final applicable to certain Boeing Model 757– corrosion resistant steel (CRES) fuse rule to include Revision 1 of the service 200 and –200PF series airplanes, that pins, which would constitute bulletin as an additional source of requires repetitive detailed visual terminating action for the repetitive service information. Further, the FAA inspections to detect loose fuse pins in inspections. has revised references to the original

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List of Subjects in 14 CFR Part 39 (1) Prior to 4 years since date of above, the FAA has determined that air manufacture of the airplane; or safety and the public interest require the Air transportation, Aircraft, Aviation (2) Within 3,000 flight cycles or 24 months adoption of the rule as proposed. safety, Incorporation by reference, after the effective date of this AD, whichever occurs first. Cost Impact Safety. Note 2: For the purposes of this AD, a There are approximately 805 Adoption of the Amendment detailed visual inspection is defined as: ‘‘An airplanes of the affected design in the Accordingly, pursuant to the intensive visual examination of a specific worldwide fleet. The FAA estimates that authority delegated to me by the structural area, system, installation, or assembly to detect damage, failure, or 350 airplanes of U.S. registry will be Administrator, the Federal Aviation affected by this AD. irregularity. Available lighting is normally Administration amends part 39 of the supplemented with a direct source of good It will take approximately 1 work Federal Aviation Regulations (14 CFR hour per airplane to accomplish the lighting at intensity deemed appropriate by part 39) as follows: the inspector. Inspection aids such as mirror, required inspection, and that the magnifying lenses, etc., may be used. Surface average labor rate is $60 per work hour. PART 39ÐAIRWORTHINESS cleaning and elaborate access procedures Based on these figures, the cost impact DIRECTIVES may be required.’’ of the inspection required by this AD on (b) For airplanes on which the alloy steel U.S. operators is estimated to be 1. The authority citation for part 39 fuse pins were replaced prior to the effective $21,000, or $60 per airplane, per continues to read as follows: date of this AD: Perform the initial inspection inspection cycle. Authority: 49 U.S.C. 106(g), 40113, 44701. required by paragraph (a) of this AD within It will take approximately 440 work 4 years or 6,000 flight cycles after installation hours per airplane to accomplish the § 39.13 [Amended] of the pins, whichever occurs later. required replacement, at an average 2. Section 39.13 is amended by Thereafter, accomplish the repetitive inspections required by paragraph (a) of this labor rate of $60 per work hour. The adding the following new airworthiness AD at the time specified in that paragraph. manufacturer has committed previously directive: Corrective Action to its customers that it will bear the cost 2000–07–13 Boeing: Amendment 39–11667. of replacement parts. As a result, the Docket 99–NM–57–AD. (c) If any loose fuse pin or corrosion on the structure adjacent to the fuse pin is detected cost of those parts are not attributable to Applicability: Model 757–200 and -200PF during any inspection required by paragraph this AD. Based on these figures, the cost series airplanes, line numbers 1 through 806 (a) of this AD, prior to further flight, perform impact of the replacement required by inclusive; certificated in any category. this AD on U.S. operators is estimated the applicable corrective action [i.e., detailed Note 1: This AD applies to each airplane visual inspections for cracks or corrosion, to be $9,240,000, or $26,400 per identified in the preceding applicability repair of discrepant parts, and replacement of airplane. provision, regardless of whether it has been fuse pin] in accordance with Boeing Alert The cost impact figures discussed modified, altered, or repaired in the area Service Bulletin 757–57A0054, including above are based on assumptions that no subject to the requirements of this AD. For Appendix A, dated November 5, 1998, or operator has yet accomplished any of airplanes that have been modified, altered, or Boeing Service Bulletin 757–57A0054, the requirements of this AD action, and repaired so that the performance of the Revision 1, including Appendix A, dated that no operator would accomplish requirements of this AD is affected, the December 16, 1999. Replacement of an alloy owner/operator must request approval for an steel fuse pin with a new corrosion resistant those actions in the future if this AD alternative method of compliance in were not adopted. steel (CRES) fuse pin constitutes terminating accordance with paragraph (e) of this AD. action for the repetitive inspection Regulatory Impact The request should include an assessment of requirements of paragraph (a) of this AD for the effect of the modification, alteration, or that fuse pin only. The regulations adopted herein will repair on the unsafe condition addressed by not have a substantial direct effect on this AD; and, if the unsafe condition has not Terminating Action the States, on the relationship between been eliminated, the request should include (d) At the next scheduled MLG overhaul, the national Government and the States, specific proposed actions to address it. or within 12 years after the effective date of or on the distribution of power and Compliance: Required as indicated, unless this AD, whichever occurs first, replace all responsibilities among the various accomplished previously. alloy steel fuse pins with new CRES fuse pins levels of government. Therefore, it is To prevent corroded fuse pins, which in the outboard beam attachment and determined that this final rule does not could result in the main landing gear (MLG) forward trunnion support on the MLG in have federalism implications under separating from the wing, and consequent accordance with Boeing Alert Service damage to the airplane and possible rupture Bulletin 757–57A0054, including Appendix Executive Order 13132. of the wing fuel tank, accomplish the A, dated November 5, 1998, or Boeing For the reasons discussed above, I following: Service Bulletin 757–57A0054, Revision 1, certify that this action (1) is not a including Appendix A, dated December 16, ‘‘significant regulatory action’’ under Repetitive Inspections 1999. Accomplishment of the action Executive Order 12866; (2) is not a (a) Perform a detailed visual inspection to specified in this paragraph constitutes ‘‘significant rule’’ under DOT detect loose fuse pins in the outboard beam terminating action for the repetitive Regulatory Policies and Procedures (44 attachment and forward trunnion support on inspection requirements of this AD. FR 11034, February 26, 1979); and (3) the MLG and to detect corrosion on the structure adjacent to the fuse pin, in Alternative Methods of Compliance will not have a significant economic accordance with Boeing Alert Service (e) An alternative method of compliance or impact, positive or negative, on a Bulletin 757–57A0054, including Appendix adjustment of the compliance time that substantial number of small entities A, dated November 5, 1998, or Boeing provides an acceptable level of safety may be under the criteria of the Regulatory Service Bulletin 757–57A0054, Revision 1, used if approved by the Manager, Seattle Flexibility Act. A final evaluation has including Appendix A, dated December 16, Aircraft Certification Office (ACO), FAA,

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Transport Airplane Directorate. Operators power loss during test flights. The manufacturer has advised the DGAC shall submit their requests through an actions specified by this AD are that they may provide module TU63 at appropriate FAA Principal Maintenance intended to prevent unexpected power no cost to the operator, thereby Inspector, who may add comments and then loss, which could result in an substantially reducing the cost impact of send it to the Manager, Seattle ACO. uncommanded in-flight engine this rule. Note 3: Information concerning the shutdown, autorotation, and forced existence of approved alternative methods of Regulatory Impact compliance with this AD, if any, may be landing. obtained from the Seattle ACO. DATES: Effective June 12, 2000. The This rule does not have federalism incorporation by reference of certain implications, as defined in Executive Special Flight Permits publications in this rule is approved by Order 13132, because it would not have (f) Special flight permits may be issued in the Director of the Federal Register as of a substantial direct effect on the States, accordance with sections 21.197 and 21.199 June 12, 2000. on the relationship between the national of the Federal Aviation Regulations (14 CFR government and the States, or on the ADDRESSES: The service information 21.197 and 21.199) to operate the airplane to distribution of power and referenced in the rule may be obtained a location where the requirements of this AD responsibilities among the various from Turbomeca, 40220 Tarnos, France; can be accomplished. levels of government. Accordingly, the telephone (33) 05 59 64 40 00, fax (33) Incorporation by Reference FAA has not consulted with state 05 59 64 60 80. This information may authorities prior to publication of this (g) The actions shall be done in accordance be examined at the FAA, New England rule. with Boeing Alert Service Bulletin 757– Region, Office of the Regional Counsel, 57A0054, including Appendix A, dated For the reasons discussed above, I 12 New England Executive Park, November 5, 1998, or Boeing Service Bulletin certify that this action (1) Is not a Burlington, MA. 757–57A0054, Revision 1, including ‘‘significant regulatory action’’ under Appendix A, dated December 16, 1999. This FOR FURTHER INFORMATION CONTACT: Executive Order 12866; (2) is not a incorporation by reference was approved by Glorianne Niebuhr, Aerospace Engineer, ‘‘significant rule’’ under DOT the Director of the Federal Register in Engine Certification Office, FAA, Engine accordance with 5 U.S.C. 552(a) and 1 CFR Regulatory Policies and Procedures (44 and Propeller Directorate, 12 New FR 11034, February 26, 1979); and (3) part 51. Copies may be obtained from Boeing England Executive Park, Burlington, MA Commercial Airplane Group, P.O. Box 3707, will not have a significant economic Seattle, Washington 98124–2207. Copies may 01803–5299; telephone (781) 238–7132, impact, positive or negative, on a be inspected at the FAA, Transport Airplane fax (781) 238–7199. substantial number of small entities Directorate, 1601 Lind Avenue, SW., Renton, SUPPLEMENTARY INFORMATION: A under the criteria of the Regulatory Washington; or at the Office of the Federal proposal to amend part 39 of the Federal Flexibility Act. A final evaluation has Register, 800 North Capitol Street, NW., suite Aviation Regulations (14 CFR part 39) to been prepared for this action and it is 700, Washington, DC. include an airworthiness directive (AD) contained in the Rules Docket. A copy (h) This amendment becomes effective on that is applicable to Turbomeca May 16, 2000. of it may be obtained from the Rules Turboshaft Arrius 1A series turboshaft Docket at the location provided under Issued in Renton, Washington, on April 3, engines was published in the Federal the caption ADDRESSES. 2000. Register on December 1, 1999 (64 FR Donald L. Riggin, 67206). That action proposed to require List of Subjects in 14 CFR Part 39 Acting Manager, Transport Airplane installation of module TU63, which Air transportation, Aircraft, Aviation Directorate, Aircraft Certification Service. provides a separate supply of fuel for safety, Incorporation by reference, [FR Doc. 00–8685 Filed 4–10–00; 8:45 am] one of the 10 main injectors of the fuel Safety. BILLING CODE 4910±13±U injection system. That action was prompted by reports of cracked Adoption of the Amendment injection wheels. That condition, if not Accordingly, pursuant to the DEPARTMENT OF TRANSPORTATION corrected, could result in an unexpected authority delegated to me by the power loss, which could result in an in- Administrator, the Federal Aviation Federal Aviation Administration flight engine shutdown, autorotation, Administration amends part 39 of the and a forced landing. Federal Aviation Regulations (14 CFR 14 CFR Part 39 Comments Received part 39) as follows: [Docket No. 99±NE±42±AD; Amendment 39± 11650; AD 2000±06±09] Interested persons have been afforded PART 39ÐAIRWORTHINESS an opportunity to participate in the DIRECTIVES RIN 2120±AA64 making of this amendment. No comments were received. 1. The authority citation for part 39 Airworthiness Directives; Turbomeca continues to read as follows: Arrius 1A Series Turboshaft Engines Economic Analysis Authority: 49 U.S.C. 106(g), 40113, 44701. AGENCY: Federal Aviation There are approximately 100 engines Administration, DOT. of the affected design in the worldwide § 39.13 [Amended] ACTION: Final rule. fleet. The FAA estimates that nine 2. Section 39.13 is amended by engines installed on aircraft of US adding the following new airworthiness SUMMARY: This amendment adopts a registry would be affected by this AD, directive: new airworthiness directive (AD), that it would take approximately 1 work 2000–06–09 Turbomeca: Amendment 39– applicable to Turbomeca Arrius 1A hour per engine to accomplish the 11650. Docket 99–NE–42–AD. series turboshaft engines, that requires actions, and that the average labor rate Applicability: Turbomeca Arrius 1A series installation of module TU63, which is $60 per work hour. Required parts turboshaft engines, installed on but not provides a separate supply of fuel for would cost approximately $5,500 per limited to Ecureuil AD355 series helicopters. one of the 10 main injectors of the fuel engine. Based on these figures, the total Note 1: This airworthiness directive (AD) injection system. This action is cost impact of the AD on US operators applies to each engine identified in the prompted by reports of unexpected is estimated to be $50,040. The preceding applicability provision, regardless

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Aviation Regulations (14 CFR part 39) to have been modified, altered, or repaired so (f) This amendment becomes effective include an airworthiness directive (AD) that the performance of the requirements of this AD is affected, the owner/operator must on June 12, 2000. that is applicable to Turbomeca Makila request approval for an alternative method of Issued in Burlington, Massachusetts, on 1 series turboshaft engines was compliance in accordance with paragraph (c) March 20, 2000. published in the Federal Register on of this AD. The request should include an David A. Downey, December 8, 1999 (64 FR 68642). That assessment of the effect of the modification, Assistant Manager, Engine and Propeller action proposed to require a one-time alteration, or repair on the unsafe condition Directorate, Aircraft Certification Service. visual inspection of the scavenge and addressed by this AD; and, if the unsafe [FR Doc. 00–7456 Filed 4–10–00; 8:45 am] lubrication systems for obstruction due condition has not been eliminated, the to coke deposits, then reconditioning of request should include specific proposed BILLING CODE 4910±13±U the engine oil system prior to return to actions to address it. service. That action was prompted by Compliance: Required as indicated, unless report of an in-flight engine shutdown accomplished previously. To prevent DEPARTMENT OF TRANSPORTATION unexpected power loss, which could result in due to roller bearings contaminated by an uncommanded in-flight engine shutdown, Federal Aviation Administration certain types of detergent oil. That autorotation, and forced landing, accomplish condition, if not corrected, could result the following: 14 CFR Part 39 in an in-flight engine shutdown due to roller bearing failure following oil Installation of Module TU63 [Docket No. 99±NE±11±AD; Amendment 39± contamination. (a) Install module TU63 in accordance with 11652; AD 2000±06±11] the Instructions for Incorporation of RIN 2120±AA64 Comments Received Turbomeca Arrius Service Bulletin (SB) No. Interested persons have been afforded 319 73 0016, Revision 1, dated December 22, Airworthiness Directives; Turbomeca 1997, at the earliest of the following after the an opportunity to participate in the effective date of this AD: Makila 1 Series Turboshaft Engines making of this amendment. No (1). The next shop visit, or AGENCY: Federal Aviation comments were received. (2). Within 120 cycles-in-service, or Administration, DOT. Economic Analysis (3). Within 30 days. ACTION: Final rule. There are approximately 1,076 Definition engines of the affected design in the (b) For the purpose of this AD, a shop visit SUMMARY: This amendment adopts a new airworthiness directive (AD), worldwide fleet. The FAA estimates that is defined as whenever the engine is removed 5 engines installed on aircraft of U.S. from the helicopter for maintenance. applicable to Turbomeca Makila 1 series turboshaft engines, that requires a one- registry would be affected by this AD, Alternative Methods of Compliance time visual inspection of the scavenge that it would take approximately 14 (c) An alternative method of compliance or and lubrication systems for obstruction work hours per engine to accomplish adjustment of the compliance time that due to coke deposits, then the actions, and that the average labor provides an acceptable level of safety may be reconditioning of the engine oil system rate is $60 per work hour. Based on used if approved by the Manager, Engine these figures, the total cost impact of the Certification Office. Operators shall submit prior to return to service. This amendment is prompted by a report of AD on U.S. operators is estimated to be their request through an appropriate FAA $4,200. Principal Maintenance Inspector, who may an in-flight engine shutdown due to add comments and then send it to the roller bearings contaminated by certain Regulatory Impact Manager, Engine Certification Office. types of detergent oil. The actions This rule does not have federalism Note 2: Information concerning the specified by the proposed AD are implications, as defined in Executive existence of approved alternative methods of intended to prevent in-flight engine compliance with this airworthiness directive, Order 13132, because it will not have a shutdown due to roller bearing failure substantial direct effect on the States, on if any, may be obtained from the Engine following oil contamination. Certification Office. the relationship between the national DATES: Effective June 12, 2000. The government and the States, or on the Ferry Flights incorporation by reference of certain distribution of power and (d) Special flight permits may be issued in publications in this rule is approved by responsibilities among the various accordance with sections 21.197 and 21.199 the Director of the Federal Register as of levels of government. Accordingly, the of the Federal Aviation Regulations (14 CFR June 12, 2000. FAA has not consulted with state 21.197 and 21.199) to operate the aircraft to ADDRESSES: The service information authorities prior to publication of this a location where the requirements of this AD referenced in the rule may be obtained rule. can be accomplished. from Turbomeca, 40220 Tarnos, France; For the reasons discussed above, I Incorporation by Reference telephone (33) 05 59 64 40 00, fax (33) certify that this action (1) Is not a (e) The actions required by this AD shall 05 59 64 60 80. This information may ‘‘significant regulatory action’’ under be done in accordance with Turbomeca be examined at the FAA, New England Executive Order 12866; (2) is not a Arrius Service Bulletin (SB) No. 319 73 0016, Region, Office of the Regional Counsel, ‘‘significant rule’’ under DOT Revision 1, dated December 22, 1997. This 12 New England Executive Park, Regulatory Policies and Procedures (44 incorporation by reference was approved by Burlington, MA. FR 11034, February 26, 1979); and (3) the Director of the Federal Register in FOR FURTHER INFORMATION CONTACT: will not have a significant economic accordance with 5 U.S.C. 552(a) and 1 CFR Glorianne Niebuhr, Aerospace Engineer, impact, positive or negative, on a part 51. Copies may be obtained from Turbomeca, 40220 Tarnos, France; telephone Engine Certification Office, FAA, Engine substantial number of small entities (33) 05 59 64 40 00, fax (33) 05 59 64 60 80. and Propeller Directorate, 12 New under the criteria of the Regulatory This information may be examined at the England Executive Park, Burlington, MA Flexibility Act. A final evaluation has FAA, New England Region, Office of the 01803-5299; telephone (781) 238–7132, been prepared for this action and it is Regional Counsel, 12 New England Executive fax (781) 238–7199. contained in the Rules Docket. A copy

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 19300 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations of it may be obtained from the Rules obstruction due to coke deposits and repair DEPARTMENT OF TRANSPORTATION Docket at the location provided under as required, in accordance with section 2.A. the caption ADDRESSES. and 2.B. of the ‘Instructions for Federal Aviation Administration incorporation’ section of Turbomeca Makila List of Subjects 14 CFR Part 39 1 Service Bulletin (SB) No. A298 71 0137, 14 CFR Part 39 Air Transportation, Aircraft, Aviation dated December 22, 1997. (ii) Replace the oil with approved oil other [Docket No. 99±NE±33±AD; Amendment 39± safety, Incorporation by reference, 11653; AD 2000±06±12] Safety. than 7.5 cSt and then recondition and check the engine oil system in accordance with RIN 2120±AA64 Adoption of the Amendment section 2.C. and 2.D.(1) Of Turbomeca Makila 1 SB No. A298 71 0137, dated December 22, Airworthiness Directives; Turbomeca Accordingly, pursuant to the 1997, prior to return to service. Artouste III Series Turboshaft Engines authority delegated to me by the (2) For engines that have been operated Administrator, the Federal Aviation with 7.5 cSt oil for 100 hours or less TIS, AGENCY: Federal Aviation Administration amends part 39 of the replace the oil with approved oil other than Administration, DOT. Federal Aviation Regulations (14 CFR 7.5 cSt and then recondition the engine oil ACTION: Final rule. part 39) as follows: system prior to return to service, in accordance with section 1.A.(2)(b) of SUMMARY: This amendment adopts a PART 39ÐAIRWORTHINESS Turbomeca Makila 1 SB No. A298 71 0137, new airworthiness directive (AD), DIRECTIVES dated December 22, 1997. applicable to Turbomeca Artouste III series turboshaft engines, that requires 1. The authority citation for part 39 Alternative Method of Compliance smoke emissions checks after every continues to read as follows: (b) An alternative method of compliance or ground engine shutdown. If smoke is Authority: 49 U.S.C. 106(g), 40113, 44701. adjustment of the compliance time that detected, this AD would require provides an acceptable level of safety may be § 39.13 [Amended] inspecting for fuel flow. If fuel flow is used if approved by the Manager, Engine not detected, the engine may have 2. Section 39.13 is amended by Certification Office. Operators shall submit injection wheel cracks, which would adding the following new airworthiness their request through an appropriate FAA require removing the engine from directive: Principal Maintenance Inspector, who may service for repair. If fuel flow is add comments and then send it to the detected, the engine may have a 2000–06–11 Turbomeca: Amendment 39– Manager, Engine Certification Office. 11652. Docket 99–NE–11–AD. malfunctioning electric fuel cock, which Note 2: Information concerning the Applicability: Turbomeca Makila 1A and would require removing the electric fuel existence of approved alternative methods of cock from service and replacing it with 1A1 turboshaft engines, installed on but not compliance with this airworthiness directive, limited to Aerospatiale AS 332 Super Puma, a serviceable part. This action is if any, may be obtained from the Engine AS 532 Cougar, and SA 330 Puma prompted by reports of cracked Certification Office. helicopters. injection wheels. The actions specified Note 1: This airworthiness directive (AD) Ferry Flights by this AD are intended to prevent applies to each engine identified in the (c) Special flight permits may be issued in injection wheel cracks, which could preceding applicability provision, regardless result in an in-flight engine shutdown. of whether it has been modified, altered, or accordance with sections 21.197 and 21.199 DATES: Effective June 12, 2000. The repaired in the area subject to the of the Federal Aviation Regulations (14 CFR requirements of this AD. For engines that 21.197 and 21.199) to operate the helicopter incorporation by reference of certain have been modified, altered, or repaired so to a location where the requirements of this publications in this rule is approved by that the performance of the requirements of AD can be accomplished. the Director of the Federal Register as of June 12, 2000. this AD is affected, the owner/operator must Incorporation by Reference request approval for an alternative method of ADDRESSES: The service information compliance in accordance with paragraph (b) (d) The actions required by this AD shall referenced in the rule may be obtained be done in accordance with Turbomeca of this AD. The request should include an from Turbomeca, 40220 Tarnos, France; Makila 1 SB No. A298 71 0137, dated assessment of the effect of the modification, telephone (33) 05 59 64 40 00, fax (33) alteration, or repair on the unsafe condition December 22, 1997. This incorporation by addressed by this AD; and, if the unsafe reference was approved by the Director of the 05 59 64 60 80. This information may condition has not been eliminated, the Federal Register in accordance with 5 U.S.C. be examined at the FAA, New England request should include specific proposed 552(a) and 1 CFR part 51. Copies may be Region, Office of the Regional Counsel, actions to address it. obtained from Turbomeca, 40220 Tarnos, 12 New England Executive Park, Compliance: Required as indicated, unless France; telephone (33) 05 59 64 40 00, fax Burlington, MA. accomplished previously. (33) 05 59 64 60 80. This information may FOR FURTHER INFORMATION CONTACT: To prevent in-flight engine shutdown due be examined at the FAA, New England Glorianne Niebuhr, Aerospace Engineer, to roller bearing failure following oil Region, Office of the Regional Counsel, 12 Engine Certification Office, FAA, Engine contamination, accomplish the following: New England Executive Park, Burlington, and Propeller Directorate, 12 New Inspection and Repair MA; or at the Office of the Federal Register, England Executive Park, Burlington, MA 800 North Capitol Street, NW, suite 700, (a) Within 25 hours time-in-service (TIS) 01803–5299; telephone (781) 238–7132, Washington, DC. fax (781) 238–7199. after the effective date of this AD, accomplish (e) This amendment becomes effective on the following: June 12, 2000. SUPPLEMENTARY INFORMATION: A (1) For engines that have been operated proposal to amend part 39 of the Federal with 7.5 centistoke (cSt) oil for more than Issued in Burlington, Massachusetts, on March 21, 2000. Aviation Regulations (14 CFR part 39) to 100 hours TIS, and for engines whose include an airworthiness directive (AD) operators can not show documentation that David A. Downey, the engine has been operated with 7.5 cSt oil that is applicable to Turbomeca Manager, Engine and Propeller Directorate, Turboshaft Artouste III series turboshaft for 100 hours or less TIS, accomplish the Aircraft Certification Service. following: engines was published in the Federal (i) Perform a one-time visual inspection of [FR Doc. 00–7761 Filed 4–10–00; 8:45 am] Register December 8, 1999 (64 FR the scavenge and lubrication systems for BILLING CODE 4910±13±U 68644). That action proposed to require

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations 19301 smoke emissions checks after every been prepared for this action and it is (2) If smoke is not detected, no action is ground engine shutdown. If smoke is contained in the Rules Docket. A copy required until the next engine ground detected, that action would require of it may be obtained from the Rules shutdown. inspecting for fuel flow. If fuel flow is Docket at the location provided under (3) If smoke is detected, inspect for fuel not detected, the engine may have the caption ADDRESSES. flow in accordance with paragraph 2.B.(1) injection wheel cracks, which would and 2.B.(2) of the referenced SB. List of Subjects 14 CFR Part 39 require removing the engine from (i) If fuel flow is not detected, prior to service for repair. If fuel flow is Air transportation, Aircraft, Aviation further flight, remove the engine from service detected, the engine may have a safety, Incorporation by reference, and replace with a serviceable engine. malfunctioning electric fuel cock, which Safety. (ii) If fuel flow is detected, remove the electric fuel cock from service and replace would require removing the electric fuel Adoption of the Amendment cock from service and replacing it with with a serviceable part in accordance with a serviceable part. That action was Accordingly, pursuant to the section 2.B.(4) and 2.B.(5) of the referenced prompted by reports of cracked authority delegated to me by the SB . injection wheels. That condition, if not Administrator, the Federal Aviation (iii) Before entry into service, perform an corrected, could result in an in-flight Administration amends part 39 of the engine ground run and check the fuel system engine shutdown. Federal Aviation Regulations (14 CFR again for smoke emissions through the part 39) as follows: exhaust pipe, air intake, or turbine casing Comments Received drain during engine rundown and after shut- Interested persons have been afforded PART 39ÐAIRWORTHINESS down; if smoke emissions still remain after an opportunity to participate in the DIRECTIVES replacement of the electric fuel cock, prior to making of this amendment. No further flight, remove the engine from service 1. The authority citation for part 39 and replace with a serviceable engine. comments were received on the continues to read as follows: proposal or the FAA’s determination of (b) For the purpose of this AD, a the cost to the public. The FAA has Authority: 49 U.S.C. 106(g), 40113, 44701. serviceable engine is defined as an engine that does not exhibit smoke emissions. determined that air safety and the § 39.13 [Amended] public interest require the adoption of 2. Section 39.13 is amended by Alternative Methods of Compliance the rule as proposed. adding the following new airworthiness (c) An alternative method of compliance or Economic Analysis directive: adjustment of the compliance time that There are approximately 2,279 2000–06–12 Turbomeca: Amendment 39– provides an acceptable level of safety may be engines of the affected design in the 11653. Docket 99–NE–33–AD. used if approved by the Manager, Engine worldwide fleet. The FAA estimates that Applicability: Turbomeca Artouste III B- Certification Office. Operators shall submit 184 engines installed on rotorcraft of B1–D series turboshaft engines, installed on their request through an appropriate FAA U.S. registry would be affected by this but not limited to Eurocopter SA 315 LAMA Principal Maintenance Inspector, who may and SA 316 Alouette III helicopters. AD, that it would take approximately 1 add comments and then send it to the Manager, Engine Certification Office. work hour per engine to accomplish the Note 1: This airworthiness directive (AD) applies to each engine identified in the actions, and that the average labor rate Note 2: Information concerning the preceding applicability provision, regardless existence of approved alternative methods of is $60 per work hour. Required parts of whether it has been modified, altered, or compliance with this airworthiness directive, would cost approximately $3,500 per repaired in the area subject to the engine. Based on these figures, the total requirements of this AD. For engines that if any, may be obtained from the Engine cost impact of the AD on U.S. operators have been modified, altered, or repaired so Certification Office. is estimated to be $655,040. that the performance of the requirements of this AD is affected, the owner/operator must Ferry Flights Regulatory Impact request approval for an alternative method of (d) Special flight permits may be issued in This rule does not have federalism compliance in accordance with paragraph (c) accordance with §§ 21.197 and 21.199 of the implications, as defined in Executive of this AD. The request should include an Federal Aviation Regulations (14 CFR 21.197 assessment of the effect of the modification, Order 13132, because it will not have a and 21.199) to operate the rotorcraft to a alteration, or repair on the unsafe condition location where the inspection requirements substantial direct effect on the States, on addressed by this AD; and, if the unsafe of this AD can be accomplished. the relationship between the national condition has not been eliminated, the government and the States, or on the request should include specific proposed Incorporation by Reference distribution of power and actions to address it. (e) The actions required by this AD shall Compliance: Required as indicated, unless responsibilities among the various be done in accordance with Turbomeca levels of government. Accordingly, the accomplished previously. To prevent injection wheel cracks, which could result in Artouste III Service Bulletin (SB) No. 218 72 FAA has not consulted with state 0099, dated September 14, 1998. This authorities prior to publication of this an in-flight engine shutdown, accomplish the following: incorporation by reference was approved by rule. the Director of the Federal Register in For the reasons discussed above, I Smoke Check accordance with 5 U.S.C. 552(a) and 1 CFR certify that this action (1) Is not a (a) Following every engine ground part 51. Copies may be obtained from ‘‘significant regulatory action’’ under shutdown, accomplish the following in Turbomeca, 40220 Tarnos, France; telephone Executive Order 12866; (2) is not a accordance with Turbomeca Artouste III (33) 05 59 64 40 00, fax (33) 05 59 64 60 80. ‘‘significant rule’’ under DOT Service Bulletin (SB) No. 218 72 0099, dated This information may be examined at the September 14, 1998: Regulatory Policies and Procedures (44 FAA, New England Region, Office of the (1) After every flight, check for smoke FR 11034, February 26, 1979); and (3) Regional Counsel, 12 New England Executive will not have a significant economic emissions through the exhaust pipe, air intake, or turbine casing drain during Park, Burlington, MA; or at the Office of the impact, positive or negative, on a rundown and after every engine shutdown. If Federal Register, 800 North Capitol Street, substantial number of small entities a smoke emission has been noticed, check NW, suite 700, Washington, DC. under the criteria of the Regulatory the fuel system before the next flight to (f) This amendment becomes effective on Flexibility Act. A final evaluation has identify the origin of the smoke emissions. June 12, 2000.

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Issued in Burlington, Massachusetts, on the Federal Register, 800 North Capitol Engineering Representative (DER). The March 21, 2000. Street, NW., suite 700, Washington, DC. FAA has revised paragraph (a)(2)(i) and David A. Downey, FOR FURTHER INFORMATION CONTACT: added paragraphs (a)(2)(i)(A) and Assistant Manager, Engine and Propeller Nenita Odesa, Aerospace Engineer, (a)(2)(i)(B) to this final rule, to provide Directorate, Aircraft Certification Service. Airframe Branch, ANM–120S, FAA, repair of a cracked door frame and [FR Doc. 00–7762 Filed 4–10–00; 8:45 am] Transport Airplane Directorate, Seattle replacement of a cracked door frame BILLING CODE 4910±13±U Aircraft Certification Office, 1601 Lind with a new door frame as two Avenue, SW., Renton, Washington alternatives for compliance with 98055–4056; telephone (425) 227–2557; paragraph (a)(2)(i) of this AD. (Operators DEPARTMENT OF TRANSPORTATION fax (425) 227–1181. should note that regardless of which alternative for compliance is SUPPLEMENTARY INFORMATION: A Federal Aviation Administration accomplished, this AD requires proposal to amend part 39 of the Federal installation of a cross beam repair and Aviation Regulations (14 CFR part 39) to 14 CFR Part 39 reinforcement modification of the cross include an airworthiness directive (AD) beam, as specified in paragraph (a)(2)(i) [Docket No. 99±NM±81±AD; Amendment that is applicable to all Boeing Model 39±11660; AD 2000±07±06] of this AD, and modification of the 737–100, –200, –200C, –300, –400, and repaired or replaced door frame, as RIN 2120±AA64 –500 series airplanes was published in specified in paragraph (a)(2)(ii) of this the Federal Register on August 20, 1999 AD.) Airworthiness Directives; Boeing (64 FR 45477). That action proposed to Model 737±100, ±200, ±200C, ±300, require repetitive inspections to detect Request To Increase Threshold for ±400, and ±500 Series Airplanes cracking of the lower corners of the door Terminating Action frame and cross beam of the forward AGENCY: Federal Aviation One commenter requests that the cargo door, and corrective actions, if Administration, DOT. compliance time for the terminating necessary. That action also proposed to action be increased from four years, as ACTION: Final rule. require eventual modification of the proposed, to 75,000 total flight cycles, SUMMARY: This amendment adopts a outboard radius of the lower corners of as required by AD 90–06–02, new airworthiness directive (AD), the door frame and reinforcement of the amendment 39–6489 (55 FR 8372, applicable to all Boeing Model 737–100, cross beam of the forward cargo door, March 7, 1990). The commenter states –200, –200C, –300, –400, and –500 which would constitute terminating that a compliance threshold based on series airplanes. This AD requires action for the repetitive inspections. calendar time, rather than on the total repetitive inspections to detect cracking Comments number of flight cycles, is inconsistent, of the lower corners of the door frame because fatigue cracking is related to and cross beam of the forward cargo Interested persons have been afforded cabin pressurization cycles. Further, the door, and corrective actions, if an opportunity to participate in the commenter states that the proposed necessary. This AD also requires making of this amendment. Due threshold of four years will cause eventual modification of the outboard consideration has been given to the unnecessary cost to operators that have radius of the lower corners of the door comments received. relatively new or low-flight-cycle frame and reinforcement of the cross Request To Allow Repair In Lieu of airplanes. beam of the forward cargo door, which Replacement The FAA partially concurs with the would constitute terminating action for commenter’s request. The FAA does not Regarding the proposed requirement the repetitive inspections. This concur that a threshold of 75,000 total to replace any cracked door frame with amendment is prompted by reports flight cycles for accomplishment of the a new door frame, one commenter indicating that fatigue cracks have been terminating action, as currently required questions whether there is no level of detected in the lower corners of the door by AD 90–06–02, provides an adequate damage that can be repaired. The frame and cross beam of the forward level of safety. However, the FAA does commenter states that it would be cargo door. The actions specified by this concur that fatigue cracking is a preferable for operators to repair a AD are intended to prevent fatigue function of pressurization cycles and, cracked door frame when possible, and cracking of the lower corners of the door thus, a threshold based on flight cycles only replace the door frame with a new frame and cross beam of the forward should be included for the terminating door frame if damage is beyond repair cargo door, which could result in rapid action. Therefore, paragraphs (c) and (d) limits. depressurization of the airplane. of this final rule have been revised to The FAA infers that the commenter is specify accomplishment of the actions DATES: Effective May 16, 2000. requesting that paragraph (a)(2)(i) of the The incorporation by reference of required by that paragraph within 4 proposal be revised to allow repair of years or 12,000 flight cycles after the certain publications listed in the the door frame, in lieu of replacement regulations is approved by the Director effective date of this AD, whichever of the door frame with a new door occurs later. of the Federal Register as of May 16, frame, when cracking is within repair 2000. limits. The FAA concurs with this Request To Increase Compliance Time ADDRESSES: The service information request. The FAA finds that it may be For the initial inspections specified in referenced in this AD may be obtained possible for damage within certain paragraphs (a) and (b) of the proposal, from Boeing Commercial Airplane limits to be repaired. However, no one commenter requests, for certain Group, P.O. Box 3707, Seattle, service information that defines airplanes, an increase in the proposed Washington 98134–2207. This allowable limits for repairable damage is compliance time of one year or 4,500 information may be examined at the available. Without established limits flight cycles after the effective date of Federal Aviation Administration (FAA), and defined repair procedures, all this AD, whichever occurs later, to prior Transport Airplane Directorate, Rules proposed repairs on the door frame to the accumulation of 12,000 total Docket, 1601 Lind Avenue, SW., must be approved by the FAA or an flight cycles on the cargo door. The Renton, Washington; or at the Office of authorized Boeing Company Designated commenter states that, ‘‘if an operator

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Without such instructions, the required by this AD on U.S. operators is and (b) of the proposal be increased to FAA cannot provide specific estimated to be $5,803,000, or $4,145 between 15,000 and 20,000 total flight instructions for modification of replaced per airplane. cycles. That commenter states that a door frames and, therefore, cannot The cost impact figures discussed compliance time of one year or 4,500 revise paragraphs (a)(2)(i) and (a)(2)(ii) above are based on assumptions that no flight cycles is ‘‘harsh for young of this AD. The FAA anticipates that the operator has yet accomplished any of aircraft.’’ The commenter also claims manufacturer will issue a new revision the requirements of this AD action, and that cracking in the door frames does of the service bulletin that, among other that no operator would accomplish not start until 20,000 to 30,000 total things, will include instructions for those actions in the future if this AD flight cycles. modification of replaced door frames. were not adopted. The FAA does not concur with the However, based on the nature of the commenters’ requests to increase the cracking and the unsafe condition Regulatory Impact compliance time for the inspections. In addressed by this AD, the FAA finds The regulations adopted herein will the preamble of the proposal, the FAA that it would be inappropriate to delay not have a substantial direct effect on explained the difference between the this AD until the manufacturer issues a the States, on the relationship between compliance time stated in the service new revision of the service bulletin. the national Government and the States, bulletin and the proposed compliance With regard to the commenter’s or on the distribution of power and time by stating that the number of total question of why it is necessary to responsibilities among the various flight cycles for an airplane may not be modify new door frames, as stated in the levels of government. Therefore, it is a good indicator of the number of total preamble of the proposal, the FAA has determined that this final rule does not flight cycles for the forward cargo door. received reports that cracks have been have federalism implications under For example, a door may have been detected in redesigned door frames, Executive Order 13132. removed from an airplane with many though these frames were supposed to For the reasons discussed above, I total flight cycles and installed on an be less susceptible to fatigue cracking. certify that this action (1) is not a airplane with fewer total flight cycles. No new design has been developed. ‘‘significant regulatory action’’ under Also, the FAA has received a report Therefore, to prevent any more cracking, Executive Order 12866; (2) is not a indicating that a cracked door frame was the FAA has determined that it is ‘‘significant rule’’ under DOT found on an airplane that had necessary to require a reinforcement Regulatory Policies and Procedures (44 accumulated 15,700 total flight cycles. modification on newly installed door FR 11034, February 26, 1979); and (3) This report contradicts the second frames. There is no door frame currently will not have a significant economic commenter’s claim that cracking of the available that is acceptable for impact, positive or negative, on a door frames does not start until 20,000 installation without such modification. substantial number of small entities to 30,000 total flight cycles. In view of No change to the final rule is necessary under the criteria of the Regulatory the nature of the cracking and the in this regard. Flexibility Act. A final evaluation has severity of the unsafe condition Conclusion been prepared for this action and it is addressed by this AD (rapid contained in the Rules Docket. A copy depressurization of the airplane), the After careful review of the available of it may be obtained from the Rules FAA finds that it would be data, including the comments noted Docket at the location provided under inappropriate to extend the compliance above, the FAA has determined that air the caption ADDRESSES. time for the actions required by this AD. safety and the public interest require the No change to the final rule is necessary adoption of the rule with the changes List of Subjects in 14 CFR Part 39 in this regard. previously described. The FAA has Air transportation, Aircraft, Aviation Request for Clarification on determined that these changes will safety, Incorporation by reference, Replacement Door Frame neither increase the economic burden Safety. on any operator nor increase the scope One commenter requests that of the AD. Adoption of the Amendment paragraph (a)(2)(i) of the proposal be revised to specify a part number or Cost Impact Accordingly, pursuant to the authority delegated to me by the modification status for the replacement There are approximately 3,100 Model Administrator, the Federal Aviation door frame. The FAA infers that the 737–100, –200, –200C, –300, –400, and Administration amends part 39 of the commenter is stating that, by making the –500 series airplanes of the affected Federal Aviation Regulations (14 CFR proposed paragraph (a)(2)(i) more design in the worldwide fleet. The FAA part 39) as follows: specific, paragraph (a)(2)(ii) would be estimates that 1,400 airplanes of U.S. unnecessary and could be removed from registry will be affected by this AD, that PART 39ÐAIRWORTHINESS the AD. The commenter states that it is it will take approximately 1 work hour DIRECTIVES not clear why a new door frame should per airplane to accomplish the required have to be modified, and points out that inspections, and that the average labor 1. The authority citation for part 39 no specific instructions are provided for rate is $60 per work hour. Based on continues to read as follows: modification of new door frames. The these figures, the cost impact of the Authority: 49 U.S.C. 106(g), 40113, 44701. commenter also states that introduction inspections required by this AD on U.S. of a new door frame that does not operators is estimated to be $84,000, or § 39.13 [Amended] require additional modification [such as $60 per airplane, per inspection cycle. 2. Section 39.13 is amended by the modification described in paragraph It will take approximately 38 work adding the following new airworthiness (a)(2)(ii) of the proposal] is in order. hours per airplane to accomplish the directive:

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2000–07–06 Boeing: Amendment 39–11660. Manager’s approval letter must specifically door frame as an alternative method of Docket 99–NM–81–AD. reference this AD. compliance to installing the preventative Applicability: All Model 737–100, –200, (B) Replace the door frame of the forward modification. –200C, –300, –400, and –500 series airplanes; cargo door with a new door frame in (ii) For airplanes with line numbers 1232 certificated in any category. accordance with Boeing Service Bulletin and subsequent: Install a cross beam repair 737–52–1100, Revision 2, dated March 31, Note 1: This AD applies to each airplane and preventative modification of the 1994. identified in the preceding applicability outboard radius of the lower corners (forward (ii) Modify the repaired or replaced door provision, regardless of whether it has been and aft) of the door frame in accordance with frame of the forward cargo door in modified, altered, or repaired in the area a method approved by the Manager, Seattle accordance with a method approved by the subject to the requirements of this AD. For ACO or in accordance with data meeting the Manager, Seattle ACO, or in accordance with airplanes that have been modified, altered, or type certification basis of the airplane data meeting the type certification basis of approved by a Boeing Company DER who has repaired so that the performance of the the airplane approved by a Boeing Company requirements of this AD is affected, the been authorized by the Manager, Seattle DER who has been authorized by the ACO, to make such findings. owner/operator must request approval for an Manager, Seattle ACO, to make such alternative method of compliance in findings. Terminating Action accordance with paragraph (e) of this AD. (c) Within 4 years or 12,000 flight cycles The request should include an assessment of Detailed Visual Initial/Repetitive Inspections after the effective date of this AD, whichever the effect of the modification, alteration, or (b) Within 1 year or 4,500 flight cycles after occurs later: Install the preventative repair on the unsafe condition addressed by the effective date of this AD, whichever modification of the outboard radius of the this AD; and, if the unsafe condition has not occurs later, perform a detailed visual lower corners (forward and aft) of the door been eliminated, the request should include inspection to detect cracking of the cross frame and the reinforcement modification of specific proposed actions to address it. beam (i.e., upper and lower chord and web the cross beam of the forward cargo door in Compliance: Required as indicated, unless sections) of the forward cargo door in accordance with paragraph (c)(1) or (c)(2) of accomplished previously. accordance with Boeing Service Bulletin this AD, as applicable. Accomplishment of To prevent fatigue cracking of the lower 737–52–1100, Revision 2, dated March 31, paragraph (c)(1) or (c)(2) of this AD, as corners of the door frame and cross beam of 1994. applicable, constitutes terminating action for the forward cargo door, which could result in Note 2: For the purposes of this AD, a the repetitive inspections required by rapid depressurization of the airplane, detailed inspection is defined as: ‘‘An paragraphs (a)(1) and (b)(1) of this AD. accomplish the following: intensive visual examination of a specific (1) For airplanes with line numbers 1 High Frequency Eddy Current Initial/ structural area, system, installation or through 1231: Accomplish the preventative Repetitive Inspections assembly to detect damage, failure or modification and the reinforcement irregularity. Available lighting is normally modification in accordance with Boeing (a) Within 1 year or 4,500 flight cycles after supplemented with a direct source of good Service Bulletin 737–52–1100, Revision 2, the effective date of this AD, whichever lighting at intensity deemed appropriate by dated March 31, 1994. occurs later, perform a high frequency eddy the inspector. Inspection aids such as mirror, (2) For airplanes with line numbers 1232 current (HFEC) inspection to detect cracking magnifying lenses, etc. may be used. Surface and subsequent: Accomplish the preventative of the lower corners (forward and aft) of the cleaning and elaborate access procedures modification and the reinforcement door frame of the forward cargo door in may be required.’’ modification in accordance with a method accordance with Boeing 737 Nondestructive (1) If no cracking is detected, repeat the approved by the Manager, Seattle ACO or in Test Manual, Part 6, Section 51–00–00, accordance with data meeting the type Figure 4 or Figure 23. inspection thereafter at intervals not to exceed 4,500 flight cycles until the certification basis of the airplane approved (1) If no cracking is detected, repeat the by a Boeing Company DER who has been HFEC inspection thereafter at intervals not to requirements of paragraph (c) of this AD have been accomplished. authorized by the Manager, Seattle ACO, to exceed 4,500 flight cycles, until the make such findings. requirements of paragraph (c) of this AD have (2) If any cracking is detected on the lower been accomplished. chord section of the cross beam during any Modifications Previously Accomplished (2) If any cracking is detected during any inspection required by paragraph (b) of this (d) For all airplanes on which inspection required by paragraph (a) of this AD, prior to further flight, repair in modifications of the forward lower corner of AD, prior to further flight, accomplish the accordance with a method approved by the the door frame and the cross beam of the requirements of paragraphs (a)(2)(i) AND Manager, Seattle ACO, or in accordance with forward cargo door were accomplished in (a)(2)(ii) of this AD, which constitute data meeting the type certification basis of accordance with Boeing Service Bulletin terminating action for the repetitive the airplane approved by a Boeing Company 737–52–1100, dated August 25, 1988, or inspections required by paragraph (a)(1) of DER who has been authorized by the Revision 1, dated July 20, 1989, or in this AD. Manager, Seattle ACO, to make such accordance with the requirements of AD 90– (i) Accomplish the requirements of findings. 06–02, amendment 39–6489: Within 4 years paragraph (a)(2)(i)(A) OR (a)(2)(i)(B) of this (3) If any cracking is detected on any area or 12,000 flight cycles after the effective date AD, and install a cross beam repair and excluding the lower chord section of the of this AD, whichever occurs later, install the reinforcement modification of the cross beam cross beam (i.e., upper chord and web reinforcement modification of the aft corner in accordance with Boeing Service Bulletin section) during any inspection required by of the door frame of the forward cargo door 737–52–1100, Revision 2, dated March 31, paragraph (b) of this AD, prior to further in accordance with Boeing Service Bulletin 1994. flight, accomplish the requirements of 737–52–1100, Revision 2, dated March 31, (A) Repair the door frame of the forward paragraph (b)(3)(i) or (b)(3)(ii), as applicable, 1994. Accomplishment of such modification cargo door in accordance with a method of this AD, which constitute terminating constitutes terminating action for the approved by the Manager, Seattle Aircraft action for the repetitive inspections required repetitive inspections required by this AD. Certification Office (ACO), FAA, Transport by paragraph (b)(1) of this AD. Airplane Directorate; or in accordance with (i) For airplanes with line numbers 1 Note 4: Accomplishment of Boeing Service data meeting the type certification basis of through 1231: Install a cross beam repair and Bulletin 737–52–1100, Revision 2, dated the airplane approved by a Boeing Company preventative modification of the outboard March 31, 1994, does not supersede the Designated Engineering Representative (DER) radius of the lower corners (forward and aft) requirements of AD 90–06–02, amendment who has been authorized by the Manager, of the door frame in accordance with Boeing 39–6489. Seattle ACO, to make such findings. For a Service Bulletin 737–52–1100, Revision 2, repair or modification method to be approved dated March 31, 1994. Alternative Methods of Compliance by the Manager, Seattle ACO, as required by Note 3: Due to implications and (e) An alternative method of compliance or this paragraph; and paragraphs (a)(2)(ii), consequences associated with cracking, this adjustment of the compliance time that (b)(2), (b)(3)(ii), and (c)(2) of this AD; the AD does not allow the option of replacing the provides an acceptable level of safety may be

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations 19305 used if approved by the Manager, Seattle DEPARTMENT OF TRANSPORTATION part 39) to include an AD that would ACO. Operators shall submit their requests apply to all I.A.M. Model Piaggio P–180 through an appropriate FAA Principal Federal Aviation Administration airplanes was published in the Federal Maintenance Inspector, who may add Register as a notice of proposed comments and then send it to the Manager, 14 CFR Part 39 rulemaking (NPRM) on December 22, Seattle ACO. 1999 (64 FR 71694). The NPRM [Docket No. 99±CE±65±AD; Amendment 39± Note 5: Information concerning the 11665; AD 2000±07±11] proposed to require repetitively existence of approved alternative methods of inspecting the brake assembly rods and compliance with this AD, if any, may be RIN 2120±AA64 tubings for wear or damage, and obtained from the Seattle ACO. replacing any worn or damaged parts. Airworthiness Directives; Industrie Accomplishment of the proposed Special Flight Permits Aeronautiche e Meccaniche Model inspections as specified in the NPRM (f) Special flight permits may be issued in Piaggio P±180 Airplanes would be required in accordance with accordance with sections 21.197 and 21.199 Piaggio Service Bulletin (Mandatory) AGENCY: Federal Aviation of the Federal Aviation Regulations (14 CFR No.: SB–80–0107, Original Issue: April Administration, DOT. 21.197 and 21.199) to operate the airplane to 30, 1999. Accomplishment of any a location where the requirements of this AD ACTION: Final rule. necessary replacement as specified in can be accomplished. SUMMARY: This amendment adopts a the NPRM would be required in Incorporation by Reference new airworthiness directive (AD) that accordance with the maintenance applies to all Industrie Aeronautiche e manual. (g) Except as provided by paragraphs The NPRM was the result of Meccaniche (I.A.M.) Model Piaggio P– (a)(2)(i)(A), (a)(2)(ii), (b)(2), (b)(3)(ii), and mandatory continuing airworthiness 180 airplanes. This AD requires (c)(2) of this AD; the actions shall be done information (MCAI) issued by the repetitively inspecting the brake in accordance with Boeing Service Bulletin airworthiness authority for Italy. assembly rods and tubings for wear or 737–52–1100, Revision 2, dated March 31, Interested persons have been afforded damage, and replacing any worn or 1994; and Boeing 737 Nondestructive Test an opportunity to participate in the damaged parts. This AD is the result of (NDT) Manual, D6–37239, Part 6, Section 51– making of this amendment. No mandatory continuing airworthiness 00–00, Figure 4 or Figure 23; dated August comments were received on the information (MCAI) issued by the 5, 1997, as applicable. Boeing 737 NDT proposed rule or the FAA’s airworthiness authority for Italy. The Manual contains the following list of determination of the cost to the public. effective pages: actions specified by this AD are intended to prevent the brake hydraulic The FAA’s Determination Revision Date fluid from leaking because of the brake After careful review of all available level assembly rods contacting the brake Page No. shown on shown on information related to the subject page page valve tubing, which could result in the presented above, the FAA has inability to adequately stop the airplane determined that air safety and the Title Page ...... Not Shown Not during ground operations. public interest require the adoption of Shown. DATES: Effective May 29, 2000. the rule as proposed except for minor List of Effective Not Shown Aug. 5, The incorporation by reference of editorial corrections. The FAA has Pages, Pages 1, 1997. certain publications listed in the determined that these minor corrections 2. regulations is approved by the Director will not change the meaning of the AD List of Effective Not Shown Feb. 5, of the Federal Register as of May 29, and will not add any additional burden Pages, Page 2A. 1997. 2000. upon the public than was already This incorporation by reference was ADDRESSES: Service information that proposed. approved by the Director of the Federal applies to this AD may be obtained from Cost Impact I.A.M. Rinaldo Piaggio S.p.A., Via Register in accordance with 5 U.S.C. 552(a) The FAA estimates that 4 airplanes in and 1 CFR part 51. Copies may be obtained Cibrario, 4 16154 Genoa, Italy. This the U.S. registry will be affected by this from Boeing Commercial Airplane Group, information may also be examined at AD, that it will take approximately 3 P.O. Box 3707, Seattle, Washington 98134– the Federal Aviation Administration workhours per airplane to accomplish 2207. Copies may be inspected at the FAA, (FAA), Central Region, Office of the the initial inspection, and that the Transport Airplane Directorate, 1601 Lind Regional Counsel, Attention: Rules average labor rate is approximately $60 Avenue, SW., Renton, Washington; or at the Docket No. 99–CE–65–AD, 901 Locust, an hour. Based on these figures, the total Office of the Federal Register, 800 North Room 506, Kansas City, Missouri 64106; cost impact of the initial inspection on Capitol Street, NW., suite 700, Washington, or at the Office of the Federal Register, U.S. operators is estimated to be $720, DC. 800 North Capitol Street, NW, suite 700, or $180 per airplane. (h) This amendment becomes effective on Washington, DC. May 16, 2000. These figures only take into account FOR FURTHER INFORMATION CONTACT: Mr. the cost of the initial inspection and do Issued in Renton, Washington, on March Randy Griffith, Aerospace Engineer, not take into account the costs of any 31, 2000. FAA, Small Airplane Directorate, 901 replacements necessary or repetitive Donald L. Riggin, Locust, Room 301, Kansas City, inspections. The FAA has no way of Acting Manager, Transport Airplane Missouri 64106; telephone: (816) 329– determining the number of parts that Directorate, Aircraft Certification Service. 4126; facsimile: (816) 329–4091. will need replacement or the number of [FR Doc. 00–8515 Filed 4–10–00; 8:45 am] SUPPLEMENTARY INFORMATION: inspections each owner/operator of the affected airplanes will incur. BILLING CODE 4910±13±U Events Leading to the Issuance of This AD Regulatory Impact A proposal to amend part 39 of the The regulations adopted herein will Federal Aviation Regulations (14 CFR not have a substantial direct effect on

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 19306 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations the States, on the relationship between this AD; and, if the unsafe condition has not Note 3: The subject of this AD is addressed the national government and the States, been eliminated, the request should include in Italian AD 99–219, dated June 22, 1999. or on the distribution of power and specific proposed actions to address it. (g) This amendment becomes effective on responsibilities among the various Compliance: Required as indicated in the May 29, 2000. levels of government. Therefore, it is body of this AD, unless already Issued in Kansas City, Missouri, on March determined that this final rule does not accomplished. 29, 2000. have federalism implications under To prevent the brake hydraulic fluid from leaking because of the brake assembly rods Brian A. Hancock, Executive Order 13132. contacting the brake valve tubing, which Acting Manager, Small Airplane Directorate, For the reasons discussed above, I could result in the inability to adequately Aircraft Certification Service. certify that this action (1) Is not a stop the airplane during ground operations, [FR Doc. 00–8512 Filed 4–10–00; 8:45 am] ‘‘significant regulatory action’’ under accomplish the following: BILLING CODE 4910±13±U Executive Order 12866; (2) is not a (a) Within the next 150 hours time-in- ‘‘significant rule’’ under DOT service (TIS) after the effective date of this Regulatory Policies and Procedures (44 AD, and thereafter at intervals not to exceed DEPARTMENT OF TRANSPORTATION FR 11034, February 26, 1979); and (3) 150 hours TIS, inspect the brake system will not have a significant economic assembly for wear or damage. Accomplish Federal Aviation Administration the inspection in accordance with the impact, positive or negative, on a Accomplishment Instructions in Piaggio substantial number of small entities Service Bulletin (Mandatory) No.: SB–80– 14 CFR Part 39 under the criteria of the Regulatory 0107, Original Issue: April 30, 1999. [Docket No. 99±NM±232±AD; Amendment Flexibility Act. A copy of the final (b) If any worn or damaged parts are found 39±11662; AD 2000±07±08] evaluation prepared for this action is during any inspection required by this AD, contained in the Rules Docket. A copy prior to further flight, replace the parts in RIN 2120±AA64 of it may be obtained by contacting the accordance with the appropriate Rules Docket at the location provided maintenance manual. The repetitive Airworthiness Directives; Boeing under the caption ADDRESSES. inspections required by paragraph (a) of this Model 777 Series Airplanes AD still apply after replacing any worn or List of Subjects in 14 CFR Part 39 damaged parts. AGENCY: Federal Aviation (c) Special flight permits may be issued in Administration, DOT. Air transportation, Aircraft, Aviation accordance with §§ 21.197 and 21.199 of the ACTION: Final rule. safety, Incorporation by reference, Federal Aviation Regulations (14 CFR 21.197 Safety. and 21.199) to operate the airplane to a SUMMARY: This amendment adopts a Adoption of the Amendment location where the requirements of this AD new airworthiness directive (AD), can be accomplished. applicable to certain Boeing Model 777 Accordingly, pursuant to the (d) An alternative method of compliance or series airplanes, that requires authority delegated to me by the adjustment of the initial or repetitive replacement of the clevis ends on the tie Administrator, the Federal Aviation compliance times that provides an equivalent rods for the center stowage bin supports Administration amends part 39 of the level of safety may be approved by the with improved clevis ends. This Federal Aviation Regulations (14 CFR Manager, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri amendment is prompted by a report part 39) as follows: 64106. The request shall be forwarded that, under ultimate load conditions, the through an appropriate FAA Maintenance aluminum clevis ends on the tie rods for PART 39ÐAIRWORTHINESS Inspector, who may add comments and then DIRECTIVES the center stowage bin supports can send it to the Manager, Small Airplane break. The actions specified by this AD Directorate. 1. The authority citation for part 39 are intended to prevent broken tie rods, Note 2: Information concerning the which could result in the center stowage continues to read as follows: existence of approved alternative methods of Authority: 49 U.S.C. 106(g), 40113, 44701. compliance with this AD, if any, may be bins dropping onto the passenger seats obtained from the Small Airplane below, causing possible injury to the § 39.13 [Amended] Directorate. occupants. 2. Section 39.13 is amended by (e) Questions or technical information DATES: Effective May 16, 2000. adding a new airworthiness directive related to Piaggio Service Bulletin The incorporation by reference of (AD) to read as follows: (Mandatory) No.: SB–80–0107, Original certain publications listed in the Issue: April 30, 1999, should be directed to 2000–07–11 Industrie Aeronautiche E regulations is approved by the Director I.A.M. Rinaldo Piaggio S.p.A., Via Cibrario, 4 Meccaniche: Amendment 39–11665; 16154 Genoa, Italy. This service information of the Federal Register as of May 16, Docket No. 99–CE–65–AD. may be examined at the FAA, Central Region, 2000. Applicability: Model Piaggio P–180 Office of the Regional Counsel, 901 Locust, ADDRESSES: The service information airplanes, all serial numbers, certificated in Room 506, Kansas City, Missouri 64106. any category. referenced in this AD may be obtained (f) The inspections required by this AD from Boeing Commercial Airplane Note 1: This AD applies to each airplane shall be done in accordance with Piaggio identified in the preceding applicability Service Bulletin (Mandatory) No.: SB–80– Group, PO Box 3707, Seattle, provision, regardless of whether it has been 0107, Original Issue: April 30, 1999. This Washington 98124–2207. This modified, altered, or repaired in the area incorporation by reference was approved by information may be examined at the subject to the requirements of this AD. For the Director of the Federal Register in Federal Aviation Administration (FAA), airplanes that have been modified, altered, or accordance with 5 U.S.C. 552(a) and 1 CFR Transport Airplane Directorate, Rules repaired so that the performance of the part 51. Copies may be obtained from I.A.M. Docket, 1601 Lind Avenue, SW., requirements of this AD is affected, the Rinaldo Piaggio S.p.A., Via Cibrario, 4 16154 Renton, Washington; or at the Office of owner/operator must request approval for an Genoa, Italy. Copies may be inspected at the the Federal Register, 800 North Capitol alternative method of compliance in FAA, Central Region, Office of the Regional Street, NW., suite 700, Washington, DC. accordance with paragraph (d) of this AD. Counsel, 901 Locust, Room 506, Kansas City, The request should include an assessment of Missouri, or at the Office of the Federal FOR FURTHER INFORMATION CONTACT: Julie the effect of the modification, alteration, or Register, 800 North Capitol Street, NW, suite Alger, Aerospace Engineer, Airframe repair on the unsafe condition addressed by 700, Washington, DC. Branch, ANM–120S, FAA, Transport

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Airplane Directorate, Seattle Aircraft No Objection to the Proposal actions actually required by this AD. Certification Office, 1601 Lind Avenue One commenter states that it has no The FAA recognizes that, in S.W., Renton, Washington 98055–4056; objection to the proposed rule. accomplishing the requirements of any telephone (425) 227–2779; fax (425) AD, operators may incur ‘‘incidental’’ 227–1181. Compliance Time May Impact Service costs in addition to the ‘‘direct’’ costs. SUPPLEMENTARY INFORMATION: A One commenter states that it agrees The cost analysis in AD rulemaking proposal to amend part 39 of the Federal with the proposed compliance time of actions, however, typically does not Aviation Regulations (14 CFR part 39) to four years. However, the commenter is include incidental costs, such as the include an airworthiness directive (AD) concerned that the proposed time required to gain access and close that is applicable to certain Boeing replacement is intended to be up; planning time; or time necessitated Model 777 series airplanes was accomplished during a scheduled by other administrative actions. Because published in the Federal Register on maintenance visit, and, therefore, the incidental costs may vary significantly October 27, 1999 (64 FR 57794). That replacement will not be accomplished from operator to operator, they are action proposed to require replacement on some airplanes for three or four almost impossible to calculate. No of the clevis ends on the tie rods for the years. The commenter also states that change to the final rule is necessary in center stowage bin supports with any change to the proposed time of this regard. improved clevis ends. compliance would impact service to the Conclusion Explanation of New Service public. The commenter makes no After careful review of the available Information specific request for a change to this AD. The FAA acknowledges the data, including the comments noted Since the issuance of the proposal, the commenter’s point that the replacement above, the FAA has determined that air FAA has reviewed and approved Boeing safety and the public interest require the Service Bulletin 777–25–0120, Revision required by this AD has the potential to impact service to the public. In adoption of the rule with the changes 1, dated March 16, 2000. Revision 1 of previously described. The FAA has the service bulletin is substantially developing an appropriate compliance time for this action, the FAA considered determined that these changes will similar to the original issue (which was neither increase the economic burden referenced in the proposal as the not only the manufacturer’s recommendation (as specified in Boeing on any operator nor increase the scope appropriate source of service of the AD. information for accomplishment of the Service Bulletin 777–25–0120, dated proposed actions) and adds no February 11, 1999), but also the safety Cost Impact implications, parts availability, and additional airplanes to the effectivity There are approximately 168 Model listing. Revision 1 clarifies certain normal maintenance schedules for timely accomplishment of the 777–200 and 16 Model 777–300 series procedures described in the service airplanes of the affected design in the bulletin. Accomplishment of the actions modification. In consideration of these items, the FAA has determined that four worldwide fleet. specified in Revision 1 of the service The FAA estimates that 41 Model bulletin is intended to adequately years represents an appropriate interval of time allowable wherein the 777–200 airplanes of U.S. registry will address the unsafe condition described be affected by this AD, that it will take previously. Therefore, paragraph (a) of modifications can be accomplished during scheduled maintenance intervals approximately 12 work hours per this final rule has been revised to airplane to accomplish the required reference Revision 1 of the service for the majority of affected operators, and an acceptable level of safety can be replacement of clevis ends, and that the bulletin as the appropriate source of average labor rate is $60 per work hour. service information for the maintained. No change to the final rule is necessary in this regard. Required parts will cost approximately accomplishment of the requirements of $15,938 per airplane. Based on these that paragraph. In addition, a new ‘‘NOTE Request To Increase Cost Estimate figures, the cost impact of the AD on 2’’ has been added to this AD (and other One commenter estimates that the U.S. operators is estimated to be notes have been renumbered $682,978, or $16,658 per airplane. accordingly) to specify that replacement replacement of clevis ends specified in Currently, there are no Model 777– of clevis ends prior to the effective date Boeing Service Bulletin 777–25–0120 300 airplanes on the U.S. Register that of this AD in accordance with the will require 44 work hours instead of will be affected by this AD. However, original issue of the service bulletin is the 20 work hours estimated in the should an unmodified airplane be acceptable for compliance with service bulletin. (The cost estimate in imported and placed on the U.S. paragraph (a) of this AD. the NPRM for accomplishment of the replacement on Model 777–200 series Register in the future, it would take Explanation of Change to Applicability airplanes is 12 work hours, excluding approximately 17 work hours per Operators should note that Revision 1 the time to gain access and close up.) airplane to accomplish the actions of the service bulletin deletes three The FAA infers that the commenter is required by this AD, at an average labor airplanes from the effectivity listing. requesting that the cost estimate be rate of $60 per work hour. Required The intent of the service bulletin was increased in the final rule. parts would cost approximately $18,457 accomplished prior to delivery of those The FAA does not concur with the per airplane. Based on these figures, the airplanes. Therefore, the applicability commenter’s request. The number of cost impact of the replacement required statement of this final rule has been work hours necessary to accomplish the by this AD on these airplanes is revised accordingly. required actions, specified as 12 in the estimated to be $19,477 per airplane. cost impact information below, was The cost impact figures discussed Comments provided to the FAA by the above are based on assumptions that no Interested persons have been afforded manufacturer based on the best data operator has yet accomplished any of an opportunity to participate in the available to date. This number the requirements of this AD action, and making of this amendment. Due represents the ‘‘direct’’ costs of the that no operator would accomplish consideration has been given to the specific actions required by this AD: the those actions in the future if this AD comments received. time necessary to perform only the were not adopted.

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Regulatory Impact alternative method of compliance in Issued in Renton, Washington, on March accordance with paragraph (b) of this AD. 31, 2000. The regulations adopted herein will The request should include an assessment of Donald L. Riggin, not have a substantial direct effect on the effect of the modification, alteration, or Acting Manager, Transport Airplane the States, on the relationship between repair on the unsafe condition addressed by Directorate, Aircraft Certification Service. the national Government and the States, this AD; and, if the unsafe condition has not or on the distribution of power and been eliminated, the request should include [FR Doc. 00–8513 Filed 4–10–00; 8:45 am] responsibilities among the various specific proposed actions to address it. BILLING CODE 4910±13±U levels of government. Therefore, it is Compliance: Required as indicated, unless determined that this final rule does not accomplished previously. have federalism implications under To prevent broken tie rods, which could DEPARTMENT OF TRANSPORTATION result in the center stowage bins dropping Executive Order 13132. Federal Aviation Administration For the reasons discussed above, I onto the passenger seats below, causing possible injury to the occupants, accomplish certify that this action (1) Is not a the following: 14 CFR Part 39 ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a Replacement [Docket No. 99±NM±205±AD; Amendment ‘‘significant rule’’ under DOT (a) Within 4 years after the effective date 39±11661; AD 2000±07±07] of this AD, replace the aluminum clevis ends Regulatory Policies and Procedures (44 RIN 2120±AA64 FR 11034, February 26, 1979); and (3) on the tie rods for the center stowage bin will not have a significant economic supports with new steel clevis ends, in accordance with the Accomplishment Airworthiness Directives; Airbus Model impact, positive or negative, on a Instructions of Boeing Service Bulletin 777– A300 Series Airplanes substantial number of small entities 25–0120, Revision 1, dated March 16, 2000. AGENCY: Federal Aviation under the criteria of the Regulatory Note 2: Accomplishment of the Flexibility Act. A final evaluation has replacement of clevis ends with new steel Administration, DOT. been prepared for this action and it is clevis ends prior to the effective date of this ACTION: Final rule. contained in the Rules Docket. A copy AD in accordance with Boeing Service of it may be obtained from the Rules Bulletin 777–25–0120, dated February 11, SUMMARY: This amendment adopts a Docket at the location provided under 1999, is acceptable for compliance with new airworthiness directive (AD), the caption ‘‘ADDRESSES.’’ paragraph (a) of this AD. applicable to certain Airbus Model A300 series airplanes, that requires Alternative Methods of Compliance List of Subjects in 14 CFR Part 39 modification of wing center box angle Air transportation, Aircraft, Aviation (b) An alternative method of compliance or fittings at frame 47. This amendment is safety, Incorporation by reference, adjustment of the compliance time that prompted by issuance of mandatory provides an acceptable level of safety may be Safety. used if approved by the Manager, Seattle continuing airworthiness information by a foreign civil airworthiness authority. Adoption of the Amendment Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. Operators The actions specified by this AD are Accordingly, pursuant to the shall submit their requests through an intended to prevent reduced structural authority delegated to me by the appropriate FAA Principal Maintenance integrity of the wing center box angle Administrator, the Federal Aviation Inspector, who may add comments and then fittings at frame 47 due to fatigue Administration amends part 39 of the send it to the Manager, Seattle ACO. cracking. Note 3: Information concerning the Federal Aviation Regulations (14 CFR DATES: Effective May 16, 2000. part 39) as follows: existence of approved alternative methods of compliance with this AD, if any, may be The incorporation by reference of PART 39ÐAIRWORTHINESS obtained from the Seattle ACO. certain publications listed in the DIRECTIVES regulations is approved by the Director Special Flight Permits of the Federal Register as of May 16, 1. The authority citation for part 39 (c) Special flight permits may be issued in 2000. continues to read as follows: accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR ADDRESSES: The service information Authority: 49 U.S.C. 106(g), 40113, 44701. 21.197 and 21.199) to operate the airplane to referenced in this AD may be obtained § 39.13 [Amended] a location where the requirements of this AD from Airbus Industrie, 1 Rond Point can be accomplished. Maurice Bellonte, 31707 Blagnac Cedex, 2. Section 39.13 is amended by France. This information may be adding the following new airworthiness Incorporation by Reference examined at the Federal Aviation directive: (d) The replacement shall be done in accordance with Boeing Service Bulletin Administration (FAA), Transport 2000–07–08 Boeing: Amendment 39–11662. 777–25–0120, Revision 1, dated March 16, Airplane Directorate, Rules Docket, Docket 99–NM–232–AD. 2000. This incorporation by reference was 1601 Lind Avenue, SW., Renton, Applicability: Model 777 series airplanes, approved by the Director of the Federal Washington; or at the Office of the line numbers 2 through 103 inclusive, 105 Register in accordance with 5 U.S.C. 552(a) Federal Register, 800 North Capitol through 119 inclusive, 121 through 161 and 1 CFR part 51. Copies may be obtained Street, NW., suite 700, Washington, DC. inclusive, 163 through 177 inclusive, and 179 from Boeing Commercial Airplane Group, FOR FURTHER INFORMATION CONTACT: through 186 inclusive; certificated in any P.O. Box 3707, Seattle, Washington 98124– category. 2207. Copies may be inspected at the FAA, Norman B. Martenson, Manager, Note 1: This AD applies to each airplane Transport Airplane Directorate, 1601 Lind International Branch, ANM–116, FAA, identified in the preceding applicability Avenue, SW., Renton, Washington; or at the Transport Airplane Directorate, 1601 provision, regardless of whether it has been Office of the Federal Register, 800 North Lind Avenue, SW., Renton, Washington modified, altered, or repaired in the area Capitol Street, NW., suite 700, Washington, 98055–4056; telephone (425) 227–2110; subject to the requirements of this AD. For DC. fax (425) 227–1149. airplanes that have been modified, altered, or repaired so that the performance of the Effective Date SUPPLEMENTARY INFORMATION: A requirements of this AD is affected, the (e) This amendment becomes effective on proposal to amend part 39 of the Federal owner/operator must request approval for an May 16, 2000. Aviation Regulations (14 CFR part 39) to

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations 19309 include an airworthiness directive (AD) impact, positive or negative, on a ‘‘MANDATORY TH’’ column of the table in that is applicable to certain Airbus substantial number of small entities paragraph 1.B.(4) of the service bulletin, or Model A300 series airplanes was under the criteria of the Regulatory within 6,500 flight cycles after the effective published in the Federal Register on Flexibility Act. A final evaluation has date of this AD, whichever occurs later: January 27, 2000 (65 FR 4386). That been prepared for this action and it is Except as required by paragraph (b) of this AD, modify the wing center box angle fittings action proposed to require modification contained in the Rules Docket. A copy at FR 47 (including removing certain sealant of wing center box angle fittings at of it may be obtained from the Rules and fasteners, performing rotating probe frame 47. Docket at the location provided under inspections to detect cracking, cold working the caption ADDRESSES. Comments certain fastener holes, installing new List of Subjects 14 CFR Part 39 fasteners and sealant, and repairing damage), Interested persons have been afforded in accordance with Airbus Service Bulletin an opportunity to participate in the Air transportation, Aircraft, Aviation A300–53–0298, Revision 03, dated November making of this amendment. Due safety, Incorporation by reference, 26, 1998. consideration has been given to the Safety. Note 2: Operators should note that the area single comment received. Adoption of the Amendment required to be modified by paragraph (a) of The commenter states that it is not this AD remains subject to the requirements affected by the proposal. Accordingly, pursuant to the of AD 96–13–11, amendment 39–9679, after authority delegated to me by the modification. Conclusion Administrator, the Federal Aviation (b) Where Airbus Service Bulletin A300– After careful review of the available Administration amends part 39 of the 53–0298, Revision 03, dated November 26, data, including the comment noted Federal Aviation Regulations (14 CFR 1998, specifies that Airbus be contacted for above, the FAA has determined that air part 39) as follows: repair instructions for certain damage safety and the public interest require the conditions, this AD requires that such adoption of the rule as proposed. PART 39ÐAIRWORTHINESS damage conditions be repaired prior to DIRECTIVES further flight in accordance with a method Cost Impact approved by either the Manager, 1. The authority citation for part 39 International Branch, ANM–116, FAA, The FAA estimates that 38 airplanes Transport Airplane Directorate; or the continues to read as follows: ´ ´ of U.S. registry will be affected by this Direction Generale de l’Aviation Civile Authority: 49 U.S.C. 106(g), 40113, 44701. AD, that it will take approximately 430 (DGAC) (or its delegated agent). For a repair work hours per airplane to accomplish § 39.13 [Amended] method to be approved by the Manager, the required modification, and that the International Branch, ANM–116, as required 2. Section 39.13 is amended by average labor rate is $60 per work hour. by this paragraph, the Manager’s approval adding the following new airworthiness Required parts will cost approximately letter must specifically reference this AD. directive: $8,840 per airplane. Based on these Alternative Methods of Compliance figures, the cost impact of the AD on 2000–07–07 Airbus Industrie: Amendment 39–11661. Docket 99–NM–205–AD. (c) An alternative method of compliance or U.S. operators is estimated to be adjustment of the compliance time that $1,316,320, or $34,640 per airplane. Applicability: Model A300 series airplanes, as listed in Airbus Service Bulletin A300–53– provides an acceptable level of safety may be The cost impact figure discussed used if approved by the Manager, above is based on assumptions that no 0298, Revision 03, dated November 26, 1998; certificated in any category; except those on International Branch, ANM–116, FAA, operator has yet accomplished any of which Airbus Service Bulletin A300–53– Transport Airplane Directorate. Operators the requirements of this AD action, and 0282 or Airbus Service Bulletin A300–53– shall submit their requests through an that no operator would accomplish 0291 has been accomplished. appropriate FAA Principal Maintenance Inspector, who may add comments and then those actions in the future if this AD Note 1: This AD applies to each airplane send it to the Manager, International Branch, were not adopted. identified in the preceding applicability provision, regardless of whether it has been ANM–116. Regulatory Impact modified, altered, or repaired in the area Note 3: Information concerning the The regulations adopted herein will subject to the requirements of this AD. For existence of approved alternative methods of not have a substantial direct effect on airplanes that have been modified, altered, or compliance with this AD, if any, may be the States, on the relationship between repaired so that the performance of the obtained from the International Branch, ANM–116. the national Government and the States, requirements of this AD is affected, the owner/operator must request approval for an or on the distribution of power and alternative method of compliance in Special Flight Permits responsibilities among the various accordance with paragraph (c) of this AD. (d) Special flight permits may be issued in levels of government. Therefore, it is The request should include an assessment of accordance with sections 21.197 and 21.199 determined that this final rule does not the effect of the modification, alteration, or of the Federal Aviation Regulations (14 CFR have federalism implications under repair on the unsafe condition addressed by 21.197 and 21.199) to operate the airplane to Executive Order 13132. this AD; and, if the unsafe condition has not a location where the requirements of this AD For the reasons discussed above, I been eliminated, the request should include can be accomplished. specific proposed actions to address it. certify that this action (1) Is not a Incorporation by Reference ‘‘significant regulatory action’’ under Compliance: Required as indicated, unless (e) Except as provided by paragraph (b) of Executive Order 12866; (2) is not a accomplished previously. To prevent reduced structural integrity of this AD, the modification shall be done in ‘‘significant rule’’ under DOT the wing center box angle fittings at frame accordance with Airbus Service Bulletin Regulatory Policies and Procedures (44 (FR) 47, accomplish the following: A300–53–0298, Revision 03, dated November FR 11034, February 26, 1979); and (3) (a) Prior to the accumulation of the 26, 1998, which contains the following list of will not have a significant economic applicable threshold specified in the effective pages:

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Revision level Page number shown on Date shown on page page

1±21, 32±40, 42±46, 67, 68, 71±74, 93, 94, 103±110, 151, 157±161, 03 ...... November 26, 1998. 205±214. 22±31, 41, 47±55, 57±66, 69, 70, 75±92, 95±102, 152±156, 163±204, Original ...... October 14, 1993. 215. 56, 102A, 102B, 111±150 ...... 1 ...... March 17, 1994.

This incorporation by reference was airplanes. This AD relates to the Support for the Proposal approved by the Director of the Federal recommendations of the Airworthiness Register in accordance with 5 U.S.C. 552(a) The Air Transport Association (ATA) Assurance Task Force assigned to of America, on behalf of three of its and 1 CFR part 51. Copies may be obtained review Model 727 series airplanes, from Airbus Industrie, 1 Rond Point Maurice members, indicates that these members Bellonte, 31707 Blagnac Cedex, France. which indicate that, to assure long term generally support the proposal. One of Copies may be inspected at the FAA, continued operational safety, various those members states that it does not Transport Airplane Directorate, 1601 Lind structural inspections should be operate any Boeing Model 727–200 Avenue, SW., Renton, Washington; or at the accomplished. series airplanes, line numbers 1 through Office of the Federal Register, 800 North 1214; another member has no objections Capitol Street, NW., Suite 700, Washington, DATES: Effective May 16, 2000. The incorporation by reference of to the proposed rule; and another DC. member has no objection to the intent Note 4: The subject of this AD is addressed certain publications listed in the regulations is approved by the Director of the proposed rule but proposes in French airworthiness directive 1999–076– certain clarifications. 267(B), dated February 24, 1999. of the Federal Register as of May 16, (f) This amendment becomes effective on 2000. Requests To Correct References May 16, 2000. ADDRESSES: The service information Two commenters state that a number Issued in Renton, Washington, on March referenced in this AD may be obtained of incorrect references are cited in the 31, 2000. from Boeing Commercial Airplane proposed AD. The commenters Donald L. Riggin, Group, P.O. Box 3707, Seattle, recommend changing references from Acting Manager, Transport Airplane Washington 98124–2207. This ‘‘AD 94–05–04’’ to ‘‘AD 90–06–09’’ in Directorate, Aircraft Certification Service. information may be examined at the the ‘‘Other Relevant Rulemaking’’ and [FR Doc. 00–8514 Filed 4–10–00; 8:45 am] FAA, Transport Airplane Directorate, ‘‘Differences Between Proposed Rule BILLING CODE 4910±13±U 1601 Lind Avenue, SW., Renton, and Service Bulletin’’ sections of the Washington. This information may be proposed AD, the applicability of the examined at the Federal Aviation proposed AD, and paragraph (d) of the DEPARTMENT OF TRANSPORTATION Administration (FAA), Transport proposed AD [cited as paragraphs (g)(1) Airplane Directorate, Rules Docket, and (g)(2) in the final rule]. One of the Federal Aviation Administration 1601 Lind Avenue, SW., Renton, commenters contends that Revision 3 of Washington; or at the Office of the Boeing Service Bulletin 727–57–0127, 14 CFR Part 39 Federal Register, 800 North Capitol dated August 24, 1989 (which is [Docket No. 99±NM±53±AD; Amendment Street, NW., suite 700, Washington, DC. referenced in Boeing Document Number 39±11666; AD 2000±07±12] D6–54860), clearly references repetitive FOR FURTHER INFORMATION CONTACT: inspections at intervals of 14,000 flight RIN 2120±AA64 Walter Sippel, Aerospace Engineer, cycles. However, the Boeing document Airframe Branch, ANM–120S, FAA, only specifies an inspection in Airworthiness Directives; Boeing Transport Airplane Directorate, Seattle accordance with Note 2 of Revision 3 of Model 727 Series Airplanes Aircraft Certification Office, 1601 Lind the service bulletin, and Note 2 does not Avenue, SW., Renton, Washington AGENCY: Federal Aviation refer to the repetitive inspections. 98055–4056; telephone (425) 227–2774; Administration, DOT. Another of the commenters contends fax (425) 227–1181. ACTION: Final rule. that Revision 2 of the service bulletin, SUPPLEMENTARY INFORMATION: A dated February 13, 1976, was cited in SUMMARY: This amendment adopts a proposal to amend part 39 of the Federal the Boeing document and was mandated new airworthiness directive (AD), Aviation Regulations (14 CFR part 39) to by AD 94–07–08. applicable to certain Boeing Model 727 include an airworthiness directive (AD) Although the ‘‘Other Relevant series airplanes, that requires repetitive that is applicable to certain Boeing Rulemaking’’ and ‘‘Differences’’ sections structural inspections of certain aging Model 727 series airplanes was are not included in the final rule, the airplanes, and repair, if necessary. This published in the Federal Register on FAA concurs that it is necessary to amendment also provides for optional June 25, 1999 (64 FR 34168). That action change all references from ‘‘AD 94–05– terminating action for the repetitive proposed to require repetitive structural 04’’ to ‘‘AD 90–06–09’’ because the inspections. This amendment is inspections of certain aging airplanes, proposed AD incorrectly referenced AD prompted by reports of incidents and repair, if necessary. 94–05–04. However, with regard to the involving fatigue cracking and corrosion correct revision number of the service Comments in transport category airplanes that are bulletin, the FAA points out that AD approaching or have exceeded their Interested persons have been afforded 94–07–08 specifies Revision 3 rather economic design service goal. The an opportunity to participate in the than Revision 2 of the service bulletin, actions specified by this AD are making of this amendment. Due and that Revision 2 of the service intended to prevent degradation of the consideration has been given to the bulletin is relevant to AD 90–06–09. To structural capabilities of the affected comments received. clarify the applicability of the final rule,

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations 19311 the FAA has changed the AD reference, or any other kind of reference as to the deleting the reference to corrosion in the and clarified that the actions are to be type of penetrant inspection (e.g., dye or summary of the proposed rule. accomplished for certain airplanes on fluorescent) that should be performed. The FAA does not concur. Although which the modification specified by The FAA acknowledges that the service bulletin does not include a either Revision 2 or Revision 3 of the clarification of the type of inspection is reference to corrosion and only includes service bulletin has not been necessary. Paragraph (a)(1) of the a reference to fatigue cracking, the FAA accomplished. In addition, the AD proposed rule specifies a ‘‘dye penetrant points out that the Working Group’s references are changed in paragraphs inspection’’ in accordance with Boeing reference to Boeing Document Number (g)(1) and (g)(2) of the final rule. Service Bulletin 727–57–0127, Revision D6–54860, ‘‘Aging Airplane Service 3, and Boeing Standard Overhaul Bulletin Structural Modification Request To Extend Compliance Time Program—Model 727,’’ Revision C, for Initial Inspection Practices Manual D6–51702, Chapter 20–20–02, Revision 79, dated March 1, dated December 11, 1989 (as cited in the The commenter states that the 1999. Although the service bulletin Discussion paragraph of the proposed compliance time in paragraph (a) of the specifies a ‘‘penetrant inspection,’’ AD), was established to address proposed AD should be extended. That Figure 1 of the Standard Overhaul problems associated with both fatigue compliance time assumes that all Model Practices Manual specifies a cracking and corrosion. In light of this, 727 series airplanes have exceeded the ‘‘fluorescent dye penetrant inspection the FAA considers that the reference to initial inspection threshold, as it (Type I).’’ Based on the type of corrosion is appropriate, and no change requires the initial inspection within inspection included in the manual, the to the final rule is necessary in this 2,000 flight cycles [a phase-in (grace) FAA has clarified the type of inspection regard. period] after the effective date of the specified in the preamble and paragraph AD. The commenter points out that Request To Clarify Inspection (c) of the final rule. Note 2 in Part III of the Accomplishment Requirement for Airplanes in Groups 4 Instructions of Boeing Service Bulletin Request To Clarify Terminating Action and 5 727–57–0127, Revision 3, specifies a Required by AD 94–07–08 One commenter recommends revising threshold of 16,000 flight cycles and a ‘‘Other Relevant Rulemaking’’ in the One commenter states that operators phase-in period if an airplane has proposed AD to clarify that AD 94–07– have expressed concerns that another exceeded that threshold. The 08 inadvertently omitted the AD is being written to mandate the commenter has reviewed the active fleet requirement to mandate repetitive of Model 727 series airplanes and has inspections required by Boeing Service inspections for certain wing ribs on found that, at the present time, there are Bulletin 727–57–0127 [Revision 3], airplanes in groups 4 and 5, because 36 airplanes that have accumulated less when AD 94–07–08 currently mandates Section 4 of Boeing Document Number than 14,000 total flight cycles. The such inspections. However, the D6–54860 references Revision 2 of commenter also states that if the initial proposed AD does not state that it will Boeing Service Bulletin 727–57–0127. inspection has been accomplished in supersede the inspection requirements The commenter adds that Revision 3 of accordance with AD 94–07–08, that AD of Service Bulletin 727–57–0127, as the service bulletin specifies an also requires repetitive inspection mandated by AD 94–07–08. Therefore, additional rib inspection for airplanes in intervals of 14,000 total flight cycles. the commenter recommends adding a groups 4 and 5 only, and no additional Therefore, the commenter recommends note to the proposed AD stating that requirements for airplanes in groups 1, extending the compliance time in ‘‘Upon incorporation of the 2, 3, and 6. paragraph (a) of the proposed AD. requirements of this AD, the inspection Although ‘‘Other Relevant The FAA concurs that the compliance requirements of Boeing Service Bulletin Rulemaking’’ is not included in the final time should be extended, and that 727–57–0127 mandated by AD 94–07– rule, the FAA acknowledges that AD whether the initial inspection has or has 08 may be deleted.’’ 94–07–08 inadvertently omitted a not been accomplished in accordance The FAA acknowledges the concern requirement for the repetitive with AD 94–07–08 should be expressed by the commenter that the inspections. However, the FAA points considered. Therefore, paragraph (a) of proposed AD requires inspections out that the commenter was mistaken in the final rule has been revised to specify currently required by paragraph (a) of stating that Boeing Document Number the inspection requirements for those AD 94–07–08. In response, the FAA has D6–54860, references Revision 3 (rather airplanes on which the initial clarified in paragraph (g)(1) of the final than Revision 2) of the service bulletin. inspection has not been accomplished rule that accomplishment of the In addition, Revision 3 of the service in accordance with AD 94–07–08, and a inspections required by this AD bulletin does include the additional rib new paragraph (b) has been added to constitutes terminating action for the inspection for airplanes in groups 4 and specify the inspection requirements for inspections required by paragraph (a) of 5. Therefore, no change to the final rule those airplanes on which the initial AD 94–07–08, as specified in Boeing is necessary in this regard. inspection has been accomplished in Service Bulletin 727–57–0127, Revision Request To Allow Later Revisions of accordance with AD 94–07–08. 3. Service Bulletins [Paragraphs (a)(1) and (a)(2) of the Request To Delete Reference to One commenter states that, in the proposed AD have been renumbered as Corrosion paragraphs (c) and (d) in the final rule.] ‘‘Initial Inspection’’ section of the One commenter states that, although NPRM, the reference documents for Request To Clarify Type of Inspection the summary of the proposed AD states accomplishing the dye penetrant and One commenter states that although that the AD was prompted by reports of high frequency eddy current inspections the proposed AD requires a ‘‘dye incidents involving fatigue cracking and include a specific revision number for penetrant inspection,’’ Revision 3 of the corrosion found on older airplane the service bulletin. The commenter Boeing service bulletin only specifies a models, Boeing Service Bulletin 727– suggests adding ‘‘or later revisions’’ so ‘‘penetrant inspection,’’ and does not 57–0127 only addresses fatigue cracking that when future revisions are released, reference a Boeing process specification, and does not address corrosion. The there will not be any confusion as to Non-Destructive Test manual reference, FAA infers that the commenter suggests which revision to use.

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The FAA does not concur with the Conclusion impact, positive or negative, on a request to revise the AD to reference After careful review of the available substantial number of small entities later revisions of the service bulletin, data, including the comments noted under the criteria of the Regulatory because it cannot approve the use of a above, the FAA has determined that air Flexibility Act. A final evaluation has document that does not yet exist. In safety and the public interest require the been prepared for this action and it is addition, when a service bulletin is adoption of the rule with the changes contained in the Rules Docket. A copy referenced in an AD, the use of the previously described. The FAA has of it may be obtained from the Rules phrase, ‘‘or later FAA-approved determined that these changes will Docket at the location provided under revisions,’’ violates Office of the Federal neither increase the economic burden the caption ADDRESSES. Register regulations regarding approval on any operator nor increase the scope of materials that are incorporated by List of Subjects 14 CFR Part 39 of the AD. reference. Therefore, the FAA has Air transportation, Aircraft, Aviation determined that it is necessary to Cost Impact safety, Incorporation by reference, Safety. specify a certain revision number for all There are approximately 975 Model service bulletins specified in the final 727 series airplanes of the affected Adoption of the Amendment rule. However, the FAA points out that design in the worldwide fleet. The FAA operators may submit any requests to Accordingly, pursuant to the estimates that 538 airplanes of U.S. use a later service bulletin through an authority delegated to me by the registry will be affected by this AD, that appropriate FAA Principal Maintenance Administrator, the Federal Aviation it will take approximately 300 work Inspector, as provided for by paragraph Administration amends part 39 of the hours per airplane to accomplish the (h) of this AD. Federal Aviation Regulations (14 CFR required inspections, and that the part 39) as follows: Request To Revise Inspection Intervals average labor rate is $60 per work hour. One commenter recommends Based on these figures, the cost impact PART 39ÐAIRWORTHINESS extending the inspection intervals in of the inspections required by this AD DIRECTIVES paragraph (b) of the proposed AD to give on U.S. operators is estimated to be credit for the accomplishment of initial $9,684,000, or $18,000 per airplane, per 1. The authority citation for part 39 or previous inspections in accordance inspection cycle. continues to read as follows: with AD 94–07–08, and basing the next The cost impact figure discussed Authority: 49 U.S.C. 106(g), 40113, 44701. required inspection interval on the date above is based on assumptions that no § 39.13 [Amended] the previous inspection was operator has yet accomplished any of accomplished. the requirements of this AD action, and 2. Section 39.13 is amended by The FAA does not concur that it is that no operator would accomplish adding the following new airworthiness necessary to revise the inspection those actions in the future if this AD directive: intervals required by paragraph (b) of were not adopted. 2000–07–12 Boeing: Amendment 39–11666. the proposed AD [cited as paragraph (e) Should an operator elect to Docket 99-NM–53-AD. of the final rule] because paragraph (a) accomplish the optional terminating Applicability: Model 727–100, –100C, and of the proposed AD [cited as paragraph action rather than continue the –200 series airplanes, line numbers 1 through (b) of the final rule] states that the initial repetitive inspections, it would take 1214 inclusive; certificated in any category; inspection is required within 2,000 approximately 900 work hours per except those on which the modification flight cycles after the effective date of airplane to accomplish the modification, specified by either Boeing Service Bulletin at an average labor rate of $60 per work 727–57–0127, Revision 2, dated February 13, this AD, ‘‘unless accomplished within 1976, or Boeing Service Bulletin 727–57– the last 12,000 flight cycles in hour. Required parts will cost 0127, Revision 3, dated August 24, 1989, has accordance with AD 94–07–08.’’ approximately $31,144 per airplane. been installed. Therefore, the proposed AD provides Based on these figures, the cost impact Note 1: This AD applies to each airplane credit for a previous inspection that was of this optional terminating action is identified in the preceding applicability accomplished within 12,000 flight estimated to be $85,144 per airplane. provision, regardless of whether it has been cycles; as a result, the proposed AD Regulatory Impact otherwise modified, altered, or repaired in allows operators to repeat the inspection the area subject to the requirements of this within 14,000 flight cycles after the last The regulations adopted herein will AD. For airplanes that have been modified, inspection. No change to the final rule not have substantial direct effects on the altered, or repaired so that the performance is necessary in this regard. States, on the relationship between the of the requirements of this AD is affected, the national government and the States, or owner/operator must request approval for an Explanation of Change Made to the on the distribution of power and alternative method of compliance in Proposal accordance with paragraph (h) of this AD. responsibilities among the various The request should include an assessment of The FAA has revised paragraph (c) of levels of government. Therefore, in the effect of the modification, alteration, or the proposed rule that requires repair in accordance with Executive Order 12612, repair on the unsafe condition addressed by accordance with Boeing Service Bulletin it is determined that this final rule does this AD; and, if the unsafe condition has not 727–57–0127, Revision 3. That not have sufficient federalism been eliminated, the request should include paragraph, renumbered as paragraph (f) implications to warrant the preparation specific proposed actions to address it. in the final rule, adds that repair also of a Federalism Assessment. Compliance: Required as indicated, unless may be accomplished in accordance For the reasons discussed above, I accomplished previously. with a method approved by the FAA; or certify that this action (1) is not a To prevent degradation of the structural in accordance with data meeting the ‘‘significant regulatory action’’ under capabilities of the affected airplanes, type certification basis of the airplane Executive Order 12866; (2) is not a accomplish the following: approved by a Boeing Company ‘‘significant rule’’ under DOT Initial Inspection Designated Engineering Representative Regulatory Policies and Procedures (44 (a) For those airplanes on which the initial who has been authorized by the FAA to FR 11034, February 26, 1979); and (3) inspection has not been accomplished in make such findings. will not have a significant economic accordance with AD 94–07–08, amendment

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39–8866: Prior to the accumulation of 16,000 Alternative Methods of Compliance system of the propeller control system; total flight cycles or within 2,000 flight (h) An alternative method of compliance or repetitive inspections to determine the cycles after the effective date of this AD, adjustment of the compliance time that level of wear of the pins and bushings whichever occurs later, accomplish the provides an acceptable level of safety may be of the cam followers on the power lever inspections required by either paragraph (c) used if approved by the Manager, Seattle rods of the engine controls; and follow- or (d) of this AD. ACO, FAA, Transport Airplane Directorate. on corrective actions, if necessary. This (b) For those airplanes on which the initial An alternative method of compliance that amendment also requires eventual inspection has been accomplished in provides an acceptable level of safety may be accordance with AD 94–07–08, amendment used if approved by the Manager, Seattle replacement of the power lever and 39–8866: Within 2,000 flight cycles after the ACO. condition lever rods of the engine effective date of this AD, unless Note 2: Information concerning the controls with new, improved parts, accomplished within the last 12,000 flight existence of approved alternative methods of which constitutes terminating action for cycles in accordance with AD 94–07–08, compliance with this AD, if any, may be the repetitive tests and inspections. This accomplish the inspections required by obtained from the Seattle ACO. amendment is prompted by issuance of either paragraph (c) or (d) of this AD. mandatory continuing airworthiness (c) Perform a fluorescent dye penetrant Special Flight Permits information by a foreign civil inspection (Type I) to detect cracking of (i) Special flight permits may be issued in airworthiness authority. The actions certain wing ribs at the rib-to-stringer accordance with §§ 21.197 and 21.199 of the specified by this AD are intended to attachment in the areas specified in Boeing Federal Aviation Regulations (14 CFR 21.197 prevent failure of the flight idle backup Service Bulletin 727–57–0127, Revision 3, and 21.199) to operate the airplane to a system. In the event of failure of the dated August 24, 1989; in accordance with location where the requirements of this AD primary propeller control system, such can be accomplished. Boeing Standard Overhaul Practices Manual failure of the flight idle backup system D6–51702, Chapter 20–20–02, Revision 79, Incorporation by Reference could lead to uncommanded movement dated March 1, 1999. of the pitch of the propeller blade to (d) Perform a high frequency eddy current (j) Except as provided by paragraph (f) of inspection to detect cracking of certain wing this AD, the repairs shall be done in below flight idle and into reverse thrust ribs at the rib-to-stringer attachment in the accordance with Boeing Service Bulletin during flight, and consequent reduced 727–57–0127, Revision 3, dated August 24, areas specified in Boeing Service Bulletin controllability of the airplane. 1989; as applicable. This incorporation by 727–57–0127, Revision 3, dated August 24, DATES: Effective May 16, 2000. reference was approved by the Director of the 1989; in accordance with Boeing Commercial The incorporation by reference of Federal Register in accordance with 5 U.S.C. Jet Nondestructive Test Manual, Chapter 51– 552(a) and 1 CFR part 51. Copies may be certain publications listed in the 00–00, Part 6, dated August 5, 1997. obtained from Boeing Commercial Airplane regulations is approved by the Director Repetitive Inspections and Corrective Action Group, P.O. Box 3707, Seattle, Washington of the Federal Register as of May 16, 98124–2207. Copies may be inspected at the 2000. (e) If no crack is detected during any FAA, Transport Airplane Directorate, 1601 ADDRESSES: The service information inspection required by either paragraph (c) or Lind Avenue, SW., Renton, Washington; or at (d) of this AD, repeat the applicable referenced in this AD may be obtained the Office of the Federal Register, 800 North from FAIRCHILD DORNIER, DORNIER inspection thereafter at intervals not to Capitol Street, NW., suite 700, Washington, exceed 14,000 flight cycles. DC. Luftfahrt GmbH, P.O. Box 1103, D– (f) If any crack is detected during any (k) This amendment becomes effective on 82230 Wessling, Germany. This inspection required by either paragraph (c) or May 16, 2000. information may be examined at the (d) of this AD, prior to further flight, repair Federal Aviation Administration (FAA), in accordance with Boeing Service Bulletin Issued in Renton, Washington, on March 31, 2000. Transport Airplane Directorate, Rules 727–57–0127, Revision 3, dated August 24, Docket, 1601 Lind Avenue, SW., Donald L. Riggin, 1989; or in accordance with a method Renton, Washington; or at the Office of approved by the Manager, Seattle Aircraft Acting Manager, Transport Airplane the Federal Register, 800 North Capitol Certification Office (ACO), FAA Transport Directorate, Aircraft Certification Service. Street, NW., suite 700, Washington, DC. Airplane Directorate; or in accordance with [FR Doc. 00–8516 Filed 4–10–00; 8:45 am] data meeting the type certification basis of FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±13±U the airplane approved by a Boeing Company Norman B. Martenson, Manager, Designated Engineering Representative who International Branch, ANM–116, FAA, has been authorized by the Manager, Seattle DEPARTMENT OF TRANSPORTATION Transport Airplane Directorate, 1601 ACO, to make such findings. For a repair Lind Avenue, SW., Renton, Washington method to be approved by the Manager, Federal Aviation Administration 98055–4056; telephone (425) 227–2110; Seattle ACO, as required by this paragraph, fax (425) 227–1149. the Manager’s approval letter must SUPPLEMENTARY INFORMATION: A specifically reference this AD. Repeat the 14 CFR Part 39 applicable inspection thereafter at intervals proposal to amend part 39 of the Federal [Docket No. 99±NM±40±AD; Amendment Aviation Regulations (14 CFR part 39) to not to exceed 14,000 flight cycles, following 39±11658; AD 2000±07±04] accomplishment of the repair. include an airworthiness directive (AD) RIN 2120±AA64 that is applicable to certain Dornier Terminating Action Model 328–100 series airplanes was (g)(1) Accomplishment of the actions Airworthiness Directives; Dornier published in the Federal Register on required by this AD constitutes terminating Model 328±100 Series Airplanes June 11, 1999 (64 FR 31520). That action action for the inspections required by AGENCY: proposed to require repetitive tests of paragraph (a) of AD 94–07–08, as specified in Federal Aviation Administration, DOT. the flight idle backup system of the Boeing Service Bulletin 727–57–0127, propeller control system; repetitive Revision 3, dated August 24, 1989. ACTION: Final rule. (2) Accomplishment of the structural inspections to determine the level of modifications specified in either Boeing SUMMARY: This amendment adopts a wear of the pins and bushings of the Service Bulletin 727–57–0127, Revision 2, new airworthiness directive (AD), cam followers on the power lever rods dated February 13, 1976; or Revision 3, dated applicable to certain Dornier Model of the engine controls; and follow-on August 24, 1989; constitutes terminating 328–100 series airplanes, that requires corrective actions, if necessary. That action for the requirements of this AD. repetitive tests of the flight idle backup action also proposed to require eventual

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 19314 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations replacement of the power lever and provision that adjustment or calibration those actions in the future if this AD condition lever rods of the engine of the power lever microswitches must were not adopted. controls with new, improved parts, also be accomplished if Type C wear is Regulatory Impact which constitutes terminating action for found. Regarding findings of Type A or the repetitive tests and inspections. B wear, the FAA considers the existing The regulations adopted herein will not have a substantial direct effect on Comment Received follow-on corrective actions specified in paragraphs (c) and (d) of the AD to be the States, on the relationship between Interested persons have been afforded adequate [those actions are required the national Government and the States, an opportunity to participate in the depending on the type of wear found or on the distribution of power and making of this amendment. Due during the inspection required by responsibilities among the various consideration has been given to the paragraph (b) of the AD]. Additionally, levels of government. Therefore, it is single comment received. since replacement of all rods with determined that this final rule does not The commenter, the manufacturer, improved rods is already an acceptable have federalism implications under requests that paragraph (a) of the terminating action for the requirements Executive Order 13132. proposed AD be revised. The of the AD, as specified in paragraph (f) For the reasons discussed above, I commenter states that, by requiring FAA of the AD, operators may choose to certify that this action (1) is not a or Luftfahrt-Bundesamt (LBA) approval accomplish such corrective action at an ‘‘significant regulatory action’’ under if any discrepancy is discovered during earlier time if desired. No change is Executive Order 12866; (2) is not a the flight idle backup test required by made to the final rule in regard to ‘‘significant rule’’ under DOT paragraph (a), the AD would impose an findings of Type A or B wear. Regulatory Policies and Procedures (44 undue hardship against operators of FR 11034, February 26, 1979); and (3) Dornier Model 328–100 series airplanes. Conclusion will not have a significant economic The commenter suggests that paragraph After careful review of the available impact, positive or negative, on a (a) be revised to specify that if any data, including the comment noted substantial number of small entities discrepancy is detected, the inspection above, the FAA has determined that air under the criteria of the Regulatory required by paragraph (b) should be safety and the public interest require the Flexibility Act. A final evaluation has performed prior to further flight. The adoption of the rule with the change been prepared for this action and it is commenter further suggests that, if Type described previously. The FAA has contained in the Rules Docket. A copy C wear is found during that inspection, determined that this change will neither of it may be obtained from the Rules the power lever microswitches should increase the economic burden on any Docket at the location provided under be adjusted or calibrated; if Type A or operator nor increase the scope of the the caption ADDRESSES.’’ B wear is found, the rod should be AD. replaced per paragraph (f) of the AD, or List of Subjects in 14 CFR Part 39 the pin and bushing should be replaced Cost Impact Air transportation, Aircraft, Aviation as specified in paragraph C, section 6, The FAA estimates that 50 airplanes safety, Incorporation by reference, of Dornier Alert Service Bulletin ASB of U.S. registry will be affected by this Safety. 328–76–024, Revision 1, dated August AD. 5, 1998 (which was cited as the Adoption of the Amendment appropriate source of service It will take approximately 1 work Accordingly, pursuant to the information for accomplishment of the hour per airplane to accomplish the authority delegated to me by the inspections). required test, and that the average labor Administrator, the Federal Aviation The FAA partially concurs. The FAA rate is $60 per work hour. Based on Administration amends part 39 of the concurs that, if any discrepancy is these figures, the cost impact of the test Federal Aviation Regulations (14 CFR found during the test required by required by this AD on U.S. operators is part 39) as follows: paragraph (a) of the AD, estimated to be $3,000, or $60 per accomplishment of the inspection airplane, per test cycle. PART 39ÐAIRWORTHINESS required by paragraph (b) of the AD It will take approximately 1 work DIRECTIVES prior to further flight, with applicable hour per airplane to accomplish the corrective actions, constitutes an required inspection, at an average labor 1. The authority citation for part 39 acceptable alternative to immediate rate of $60 per work hour. Based on continues to read as follows: repair in accordance with an FAA- or these figures, the cost impact of the Authority: 49 U.S.C. 106(g), 40113, 44701. inspection required by this AD on U.S. LBA-approved method. The FAA does § 39.13 [Amended] not concur with the request to revise operators is estimated to be $3,000, or paragraph (a) to require such action $60 per airplane, per inspection cycle. 2. Section 39.13 is amended by solely, since both methods constitute It will take approximately 10 work adding the following new airworthiness acceptable corrective actions. To require hours per airplane to accomplish the directive: only accomplishment of paragraph (b), required replacement, at an average 2000–07–04 Dornier Luftfahrt GMBH: and follow-on actions, as the commenter labor rate of $60 per work hour. Amendment 39–11658. Docket 99–NM– suggests, would also necessitate a Required parts will be provided by the 40–AD. reopening of the comment period, and manufacturer at no cost to the operators. Applicability: Model 328–100 series thus further delay issuance of the final Based on these figures, the cost impact airplanes having serial numbers (S/N) 3005 through 3098 inclusive, and S/N 3100, 3103, rule. of the replacement required by this AD on U.S. operators is estimated to be 3104, 3106, 3107, 3109, and 3110, on which However, the FAA has determined Dornier Service Bulletin SB–328–76–268, that such an option may be incorporated $30,000, or $600 per airplane. dated August 11, 1998, or Revision 1, dated into the AD as an alternative method of The cost impact figures discussed December 9, 1998, has not been compliance to the repair required by above are based on assumptions that no accomplished; certificated in any category. paragraph (a). A new paragraph (a)(2) operator has yet accomplished any of Note 1: This AD applies to each airplane has been included in the final rule to the requirements of this AD action, and identified in the preceding applicability specify such an option, with the that no operator would accomplish provision, regardless of whether it has been

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations 19315 otherwise modified, altered, or repaired in (2) Type B wear: The bushing is worn, but provides an acceptable level of safety may be the area subject to the requirements of this the pin is not visible. used if approved by the Manager, AD. For airplanes that have been modified, (3) Type C wear: The bushing is not worn. International Branch, ANM–116. Operators altered, or repaired so that the performance shall submit their requests through an Corrective Actions of the requirements of this AD is affected, the appropriate FAA Principal Maintenance owner/operator must request approval for an (c) For power lever rods on which Type A Inspector, who may add comments and then alternative method of compliance in wear is detected during the inspection send it to the Manager, International Branch, accordance with paragraph (g) of this AD. required by paragraph (b) of this AD: Within ANM–116. The request should include an assessment of 900 flight hours after accomplishment of that Note 3: Information concerning the the effect of the modification, alteration, or inspection, accomplish the requirements of existence of approved alternative methods of repair on the unsafe condition addressed by paragraph (c)(1) or (c)(2) of this AD in this AD; and, if the unsafe condition has not accordance with Dornier Alert Service compliance with this AD, if any, may be been eliminated, the request should include Bulletin ASB–328–76–024, Revision 1, dated obtained from the International Branch, specific proposed actions to address it. August 5, 1998. Accomplishment of ANM–116. paragraph (c)(1) or (c)(2) terminates the tests Compliance: Required as indicated, unless Special Flight Permits accomplished previously. required by paragraph (a) of this AD for that To prevent failure of the flight idle backup power lever rod only. (h) Special flight permits may be issued in system, which, in the event of failure of the (1) Replace the power lever rod with a new accordance with §§ 21.197 and 21.199 of the primary propeller control system, could lead power lever rod. Federal Aviation Regulations (14 CFR 21.197 to uncommanded movement of the pitch of (2) Replace the pins and bushings with and 21.199) to operate the airplane to a the propeller blade to below flight idle and new pins and bushings, and accomplish location where the requirements of this AD into reverse thrust during flight, and paragraphs (c)(2)(i) and (c)(2)(ii) of this AD. can be accomplished. (i) Thereafter, accomplish follow-on consequent reduced controllability of the Incorporation by Reference airplane, accomplish the following: inspections and corrective actions (i.e. inspections for wear or looseness of the (i) Except as required by paragraphs (a)(1) Flight Idle Backup Test replaced pins and bushings), at the times and and (a)(2) of this AD, the actions shall be (a) Prior to the accumulation of 3,000 total in accordance with the Accomplishment done in accordance with Dornier Alert flight hours, or within 3 days after the Instructions of the alert service bulletin; and, Service Bulletin ASB–328–76–024, Revision effective date of this AD, whichever occurs (ii) Within 900 flight hours after 1, dated August 5, 1998; and Dornier Service later, perform a test of the flight idle backup replacement of the pins and bushings, Bulletin SB–328–76–268, Revision 1, dated system of the propeller control system in replace the power lever rod with a new December 9, 1998; as applicable. This accordance with Dornier Alert Service power lever rod. incorporation by reference was approved by Bulletin ASB–328–76–024, Revision 1, dated (d) For power lever rods on which Type B the Director of the Federal Register in August 5, 1998. If any discrepancy is wear is detected during the inspection accordance with 5 U.S.C. 552(a) and 1 CFR detected, prior to further flight, accomplish required by paragraph (b) of this AD: part 51. Copies may be obtained from the actions required by either paragraph Thereafter, accomplish follow-on inspections Fairchild Dornier, Dornier Luftfahrt GmbH, (a)(1) or (a)(2) of this AD. Repeat the test and corrective actions at the times and in P.O. Box 1103, D–82230 Wessling, Germany. thereafter at intervals not to exceed 1 day accordance with the Accomplishment Copies may be inspected at the FAA, until accomplishment of the requirements of Instructions of Dornier Alert Service Bulletin Transport Airplane Directorate, 1601 Lind paragraph (c), (d), (e), or (f), as applicable. ASB–328–76–024, Revision 1, dated August Avenue, SW., Renton, Washington; or at the (1) Repair in accordance with a method 5, 1998, until the requirements of paragraph Office of the Federal Register, 800 North approved by either the Manager, (f) of this AD are accomplished. Capitol Street, NW., suite 700, Washington, International Branch, ANM–116, FAA, (e) For power lever rods on which Type C DC. wear is detected during the inspection Transport Airplane Directorate; or the Note 4: The subject of this AD is addressed Luftfahrt-Bundesamt (LBA) (or its delegated required by paragraph (b) of this AD: Determination of Type C wear terminates the in German airworthiness directive 1998–344/ agent). Or 3, dated February 11, 1999. (2) Accomplish the inspection required by tests required by paragraph (a) of this AD for paragraph (b) of this AD, and the applicable that power lever rod only. Thereafter, (j) This amendment becomes effective on follow-on corrective actions required by accomplish follow-on inspections and May 16, 2000. corrective actions at the times and in paragraph (c), (d), or (e) of the AD; AND, if Issued in Renton, Washington, on March accordance with the Accomplishment Type C wear is found during the inspection 31, 2000. Instructions of Dornier Alert Service Bulletin required by paragraph (b), prior to further Donald L. Riggin, flight, adjust or calibrate the power lever ASB–328–76–024, Revision 1, dated August microswitches in accordance with Dornier 5, 1998, until the requirements of paragraph Acting Manager, Transport Airplane Airplane Maintenance Manual JIC 76–11–05– (f) of this AD are accomplished. Directorate, Aircraft Certification Service. 820–000. Terminating Action [FR Doc. 00–8517 Filed 4–10–00; 8:45 am] Inspection of Cam Followers of Power Lever (f) Within 6 months after the effective date BILLING CODE 4910±13±U Rods of this AD: Replace the power lever and condition lever rods of the engine controls (b) Prior to the accumulation of 3,000 total DEPARTMENT OF TRANSPORTATION flight hours, or within 7 days after the with new, improved parts in accordance with Dornier Service Bulletin SB–328–76–268, effective date of this AD, whichever occurs Federal Aviation Administration later, perform a detailed visual inspection to Revision 1, dated December 9, 1998. determine the level of wear of the pins and Accomplishment of the replacement bushings of the cam followers of the power constitutes terminating action for the 14 CFR Part 71 lever rods of the engine controls, in requirements of this AD. accordance with Dornier Alert Service Note 2: Replacement of the power lever [Airspace Docket No. 00±ACE±1] Bulletin ASB–328–76–024, Revision 1, dated and condition lever rods accomplished prior August 5, 1998. Classify the level of wear for to the effective date of this AD in accordance Amendment to Class E Airspace; each power lever rod as specified in with Dornier Service Bulletin SB–328–76– Creston, IA paragraphs (b)(1), (b)(2), and (b)(3) and 268, dated August 11, 1998, is considered accomplish the requirements of paragraph acceptable for compliance with paragraph (f) AGENCY: Federal Aviation (c), (d), or (e) of this AD, as applicable, at the of this AD. times specified in that paragraph. Administration, DOT. Alternative Methods of Compliance (1) Type A wear: The bushing is worn such ACTION: Direct final rule; confirmation of that the pin is visible in one or more (g) An alternative method of compliance or effective date. locations. adjustment of the compliance time that

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SUMMARY: This document confirms the Kansas City, MO 64106; telephone: comments were anticipated, and that effective date of a direct final rule which (816) 329–2524. unless a written adverse comment, or a revises Class E airspace at Creston, IA. SUPPLEMENTARY INFORMATION: The FAA written notice of intent to submit such DATE: The direct final rule published at published this direct final rule with a an adverse comment, were received 65 FR 5763 is effective on 0901 UTC, request for comments in the Federal within the comment period, the June 15, 2000. Register on February 7, 2000 (65 FR regulation would become effective on FOR FURTHER INFORMATION CONTACT: 5764). The FAA uses the direct final June 15, 2000. No adverse comments Kathy Randolph, Air Traffic Division, rulemaking procedure for a non- were received, and thus this notice Airspace Branch, ACE–520C, DOT controversial rule where the FAA confirms that this direct final rule will Regional Headquarters Building, Federal believes that there will be no adverse become effective on that date. Aviation Administration, 901 Locust, public comment. This direct final rule Issued in Kansas City, MO on March 30, Kansas City, MO 64106; telephone: advised the public that no adverse 2000. (816) 329–2525. comments were anticipated, and that Herman J. Lyons, Jr., unless a written adverse comment, or a SUPPLEMENTARY INFORMATION: The FAA Manager, Air Traffic Division, Central Region. written notice of intent to submit such published this direct final rule with a [FR Doc. 00–8965 Filed 4–10–00; 8:45 am] an adverse comment, were received request for comments in the Federal BILLING CODE 4910±13±M within the comment period, the Register on February 7, 2000 (65 FR regulation would become effective on 5763). The FAA uses the direct final June 15, 2000. No adverse comments rulemaking procedure for a non- DEPARTMENT OF TRANSPORTATION were received, and thus this notice controversial rule where the FAA confirms that this direct final rule will believes that there will be no adverse Federal Aviation Administration become effective on that date. public comment. This direct final rule advised the public that no adverse Issued in Kansas City, MO on March 30, 14 CFR Part 71 comments were anticipated, and that 2000. [Airspace Docket No. 00±ACE±5] unless a written adverse comment, or a Herman J. Lyons, Jr., written notice of intent to submit such Manager, Air Traffic Division, Central Region. Amendment to Class E Airspace; an adverse comment, were received [FR Doc. 00–8964 Filed 4–10–00; 8:45 am] Monticello, IA within the comment period, the BILLING CODE 4910±13±M regulation would become effective on AGENCY: Federal Aviation June 15, 2000. No adverse comments Administration, DOT. were received, and thus this notice DEPARTMENT OF TRANSPORTATION ACTION: Direct final rule; confirmation of confirms that this direct final rule will effective date. become effective on that date. Federal Aviation Administration SUMMARY: This document confirms the Dated: Issued in Kansas City, MO on March 14 CFR Part 71 30, 2000. effective date of a direct final rule which revises Class E airspace at Monticello, Herman J. Lyons, Jr. [Airspace Docket No. 99±ACE±55] IA. Manager, Air Traffic Division, Central Region. Amendment to Class E Airspace; DATES: The direct final rule published at [FR Doc. 00–8963 Filed 4–10–00; 8:45 am] O'Neill, NE BILLING CODE 4910±13±M 65 FR 5770 is effective on 0901 UTC, AGENCY: Federal Aviation June 15, 2000. Administration, DOT. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION ACTION: Direct final rule; confirmation of Kathy Randolph, Air Traffic Division, effective date. Airspace Branch, ACE–520C, DOT Federal Aviation Administration Regional Headquarters Building, Federal SUMMARY: This document confirms the Aviation Administration, 901 Locust, 14 CFR Part 71 effective date of a direct final rule which Kansas City, MO 64106; telephone: revises Class E airspace at O’Neill, NE. (816) 329–2525. [Airspace Docket No. 00±ACE±2] DATES: The direct final rule published at SUPPLEMENTARY INFORMATION: The FAA Amendment to Class E Airspace; Ord, 65 FR 5766 is effective on 0901 UTC, published this direct final rule with a NE June 15, 2000. request for comments in the Federal FOR FURTHER INFORMATION CONTACT: Register on February 7, 2000 (65 FR AGENCY: Federal Aviation Brenda Mumper, Air Traffic Division, 5770). The FAA uses the direct final Administration, DOT. Airspace Branch, ACE–520A, DOT rulemaking procedure for a non- ACTION: Direct final rule; confirmation of Regional Headquarters Building, Federal controversial rule where the FAA effective date. Aviation Administration, 901 Locust, believes that there will be no adverse Kansas City, MO 64106; telephone: public comment. This direct final rule SUMMARY: This document confirms the (816) 329–2524. advised the public that no adverse effective date of a direct final rule which SUPPLEMENTARY INFORMATION: The FAA comments were anticipated, and that revises Class E airspace at Ord, NE. published this direct final rule with a unless a written adverse comment, or a DATES: The direct final rule published at request for comments in the Federal written notice of intent to submit such 65 FR 5764 is effective on 0901 UTC, Register on February 7, 2000 (65 FR an adverse comment, were received June 15, 2000. 5766). The FAA uses the direct final within the comment period, the FOR FURTHER INFORMATION CONTACT: rulemaking procedure for a non- regulation would become effective on Brenda Mumper, Air Traffic Division, controversial rule where the FAA June 15, 2000. No adverse comments Airspace Branch, ACE–520A, DOT believes that there will be no adverse were received, and thus this notice Regional Headquarters Building, Federal public comment. This direct final rule confirms that this direct final rule will Aviation Administration, 901 Locust, advised the public that no adverse become effective on that date.

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Issued in Kansas City, MO on March 30, DEPARTMENT OF HEALTH AND In addition to general controls, FDA 2000. HUMAN SERVICES identified two special controls that FDA Herman J. Lyons, Jr. believes are adequate to control the risks Manager, Air Traffic Division, Central Region. Food and Drug Administration to health described for these devices: (1) [FR Doc. 00–8966 Filed 4–10–00; 8:45 am] On May 9, 1997, FDA issued a final rule 21 CFR Parts 870, 888, and 890 establishing a performance standard for BILLING CODE 4910±13±M [Docket No. 99N±2210] electrode lead wires and patient cables. The agency determined that the DEPARTMENT OF TRANSPORTATION Cardiovascular, Orthopedic, and performance standard is needed to Physical Medicine Diagnostic Devices; prevent electrical connections between Federal Aviation Administration Reclassification of Cardiopulmonary patients and electrical power sources. In Bypass Accessory Equipment, the preamble to the May 9, 1997, final 14 CFR Part 71 Goniometer Device, and Electrode rule establishing this standard, FDA Cable Devices identified cardiopulmonary bypass accessory equipment, the goniometer, [Airspace Docket No. 99±ACE±56] AGENCY: Food and Drug Administration, and the electrode cable as devices that HHS. would be subject to this standard after Amendment to Class E Airspace; ACTION: Final rule. they were reclassified into class II; and Grand Island, NE (2) based on the available information, SUMMARY: The Food and Drug FDA also identified a guidance AGENCY: Federal Aviation Administration (FDA) is reclassifying document entitled ‘‘Guidance on the Administration, DOT. from class I into class II the Performance Standard for Electrode ACTION: Direct final rule; confirmation of cardiopulmonary bypass accessory Lead Wires and Patient Cables.’’ The effective date. equipment device that involves an guidance provides information on electrical connection to the patient, the electrocution hazards posed by goniometer device, and the electrode SUMMARY: This document confirms the unprotected patient electrical cable. FDA is also exempting these effective date of a direct final rule which connectors. The guidance is intended to devices from the premarket notification revises Class E airspace at Grand Island, help affected parties understand the requirements. FDA is reclassifying these NE. steps needed to achieve compliance devices on its own initiative based on with the performance standard for DATES: The direct final rule published at new information. FDA is taking this electrode lead wires and patient cables. 65 FR 5765 is effective on 0901 UTC, action to establish sufficient regulatory Since May 11, 1998, electrode lead June 15, 2000. controls that will provide reasonable wires or patient cables have been assurance of the safety and effectiveness FOR FURTHER INFORMATION CONTACT: required to comply with the ECG Cables of these devices. Brenda Mumper, Air Traffic Division, and Lead Wires, ANSI/AAMI EC 53– DATES: Airspace Branch, ACE–520A, DOT This regulation is effective May 1995 standard if they are intended for Regional Headquarters Building, Federal 11, 2000. use with any of the following devices: 1. Breathing frequency monitors, Aviation Administration, 901 Locust, FOR FURTHER INFORMATION CONTACT: Heather S. Rosecrans, Center for Devices 2. Ventilatory effort monitors (Apnea Kansas City, MO 64106; telephone: detectors), (816) 329–2524. and Radiological Health (HFZ–404), Food and Drug Administration, 9200 3. Electrocardiographs (ECG’s), 4. Radio frequency physiological SUPPLEMENTARY INFORMATION: The FAA Corporate Blvd., Rockville, MD 20850, signal transmitters and receivers, published this direct final rule with a 301–594–1190. request for comments in the Federal 5. Cardiac monitors, SUPPLEMENTARY INFORMATION: 6. Electrocardiograph electrodes Register on February 7, 2000 (65 FR I. Background (Proposed Rule) (including pre-wired ECG electrodes), 5765). The FAA uses the direct final 7. Patient transducer and electrode rulemaking procedure for a non- On August 9, 1999 (64 FR 43114), cables (including connectors), controversial rule where the FAA FDA, on its own initiative, proposed to 8. Medical magnetic tape recorders believes that there will be no adverse reclassify the following devices from (e.g. Holter monitors), public comment. This direct final rule class I to class II: (1) Cardiopulmonary 9. Arrhythmia detectors and alarms, advised the public that no adverse bypass accessory equipment, when 10. Telephone electrocardiograph comments were anticipated, and that intended to be used in the transmitters and receivers. unless a written adverse comment, or a cardiopulmonary bypass circuit to Manufacturers and users had an written notice of intent to submit such support, adjoin, or connect components, additional 2 years to prepare for the an adverse comment, were received or to aid in the setup of the second phase of implementation of the within the comment period, the extracorporeal line; (2) the goniometer standard. Beginning on May 9, 2000, regulation would become effective on device, which is an AC-powered device, any electrode lead wire or patient cable June 15, 2000. No adverse comments when intended to evaluate joint lead intended for use with any medical were received, and thus this notice function by measuring and recording device must comply with the standard. confirms that this direct final rule will ranges of motion, acceleration, or forces The performance standard incorporates become effective on that date. exerted by a joint; and (3) the electrode the specific requirements of Issued in Kansas City, MO on March 30, cable device, which is an electrode international standard, IEC–60601, 2000. cable device composed of strands of clause 56.3(c), which requires leads to insulated electrical conductors laid be constructed in such a manner as to Herman J. Lyons, Jr., together around a central core and preclude patient contact with hazardous Manager, Air Traffic Division, Central Region. intended for medical purposes to voltages or, for certain devices, contact [FR Doc. 00–8967 Filed 4–10–00; 8:45 am] connect an electrode from a patient to with electrical ground. Design changes BILLING CODE 4910±13±M a diagnostic machine. and labeling changes need to be

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Comments assurance of the safety and effectiveness the Small Business Regulatory Fairness FDA invited interested persons to of these devices. Therefore, FDA is Act of 1996 (Public Law 104–121)), and submit written comments on the exempting these devices from the the Unfunded Mandates Reform Act of proposed rule. FDA received one premarket notification requirements 1995 (Public Law 104–4). Executive comment. The comment objected that subject to the applicable limitations on Order 12866 directs agencies to assess the rule should not apply to battery- exemptions. all costs and benefits of available powered goniometers. regulatory alternatives and, when B. Certain Cardiopulmonary Bypass FDA agrees in part. Some battery- regulation is necessary, to select Equipment Will Remain in Class I powered goniometers have cables and regulatory approaches that maximize leads that connect them to displays and FDAMA also added a new section net benefits (including potential other devices. Because devices that use 510(l) to the act which provides that a economic, environmental, public health electrode lead wires and patient cables class I device is exempt from the and safety, and other advantages; present the risk of electrocution to the premarket notification requirements distributive impacts; and equity). The patient, FDA believes that these devices under section 510(k) of the act, unless agency believes that this rule is should be in class II and subject to the the device is intended for a use which consistent with the regulatory standard. Goniometers that do not use is of substantial importance in philosophy and principles identified in electrode lead wires and patient cables preventing impairment of human health the Executive Order. In addition, the will remain in class I and will be or it presents a potential unreasonable rule is not a significant regulatory action exempt from premarket notification. risk of illness or injury. FDA refers to as defined by the Executive Order and FDA is also revising the identification the devices that meet these criteria as so is not subject to review under the section in § 888.1500 (21 CFR 888.1500). ‘‘reserved.’’ In the Federal Register of Executive Order. Presently, it refers only to AC-powered February 2, 1998 (63 FR 5387), FDA The Regulatory Flexibility Act devices. Since publication of that published a list of devices it considered requires agencies to analyze regulatory proposed rule, FDA has found several reserved and that require premarket options that would minimize any battery-powered goniometers to be notification and a list of devices it significant impact of a rule on small substantially equivalent to the believed met the exemption criteria in entities. Based on the May 9, 1997 (62 goniometer identified in § 888.1500(a). FDAMA. FDA invited comments on the FR 25477), Federal Register, a final rule FDA is revising this section to include February 2, 1998, notice. In the Federal was issued establishing a performance battery-powered devices. Register of November 12, 1998 (63 FR standard for electrode lead wires and 63222), after reviewing the comments patient cables, which included and III. Exemption From Premarket submitted on the February 2, 1998, applied to the cardiopulmonary bypass Notification Federal Register notice, FDA proposed accessory equipment that involves an A. FDA Is Exempting These Devices to designate which devices require electrical connection to the patient, the From Premarket Notification premarket notification, and which are goniometer, and the electrode cable. exempt, subject to limitations, under FDA’s analysis determined that the On November 21, 1997, the President notice and comment rulemaking imposition of the performance standard signed into law the FDA Modernization proceedings under new section 510(l) of would not have a significant economic Act (FDAMA) (Public Law 105–115). the act. One comment on the proposed impact on a substantial number of small Section 206 of FDAMA, in part, added rule stated that, for cardiopulmonary entities. This reclassification will have a new section 510(m) to the Federal bypass accessory equipment, the no economic effect other than the Food, Drug, and Cosmetic Act (the act) ‘‘reserved’’ designation should be imposition of this standard. In addition, (21 U.S.C. 360(m). Section 510(m)(1) of limited to accessory equipment that the rule will not impose costs of $100 the act requires FDA, within 60 days involves an electrical connection to the million or more on either the private after enactment of FDAMA, to publish patient. FDA agrees with this comment sector or State, local, and tribal in the Federal Register a list of each and, on January 14, 2000 (65 FR 2296), governments in the aggregate, and type of class II device that does not FDA issued a final rule on exemptions therefore a summary statement or require a report under section 510(k) of from premarket notification to adopt analysis under section 202(a) of the the act to provide reasonable assurance this comment. In this rule, FDA stated Unfunded Mandates Reform Act of 1995 of safety and effectiveness. Section that cardiopulmonary bypass accessory is not required. 510(m) of the act further provides that equipment that does not involve a 510(k) will no longer be required for electrical connection to the patient is a VI. Paperwork Reduction Act of 1995 these devices upon the date of class I device and is exempt from the FDA has determined that this rule publication of the list in the Federal premarket notification requirements. contains no collections of information. Register. FDA published that list in the Therefore, clearance from the Office of IV. Environmental Impact Federal Register of January 21, 1998 (63 Management and Budget under the FR 3142). Section 510(m)(2) of the act The agency has determined under 21 Paperwork Reduction Act of 1995 is not provides that 1 day after the date of CFR 25.34(b) that this action is of a type required. publication of the list under section that does not individually or 510(m)(1) of the act, FDA may exempt cumulatively have a significant effect on List of Subjects in 21 CFR Parts 870, a device on its own initiative or upon the human environment. Therefore, 888, and 890 petition of an interested person, if FDA neither an environmental assessment Medical devices.

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Therefore, under the Federal Food, subpart E of part 807 of this chapter Indianapolis, Marion County, Indiana. Drug, and Cosmetic Act and under subject to § 888.9. Central Soya is converting its grain authority delegated to the Commissioner (2) Class II (special controls) for a elevator from a processing to a storage of Food and Drugs, 21 CFR parts 870, goniometer that uses electrode lead facility. The SIP revision request reflects 888, and 890 are amended as follows: wires and patient cables. The special changes in emission limits resulting controls consist of: from the shutdown of various PART 870ÐCARDIOVASCULAR (i) The performance standard under operations at the plant, and provides DEVICES part 898 of this chapter, and new emission limits reflecting the (ii) The guidance entitled ‘‘Guidance 1. The authority citation for 21 CFR addition of new operations. on the Performance Standard for The projected PM emission decrease part 870 continues to read as follows: Electrode Lead Wires and Patient associated with the elimination of Authority: 21 U.S.C. 351, 360, 360c, 360e, Cables.’’ This device is exempt from the selected activities at the facility is 71.22 360j, 371. premarket notification procedures of tons per year. The projected PM 2. Section 870.4200 is revised to read subpart E of part 807 of this chapter emission increases associated with the as follows: subject to § 888.9. changes in operations at the facility is 14.81 tons per year. The overall change § 870.4200 Cardiopulmonary bypass PART 890ÐPHYSICAL MEDICINE accessory equipment. is a projected net decrease in PM DEVICES emissions of approximately 56 tons per (a) Identification. Cardiopulmonary year from the facility. Because Indiana’s bypass accessory equipment is a device 5. The authority citation for 21 CFR Central Soya SIP revision request is that has no contact with blood and that part 890 continues to read as follows: consistent with the Clean Air Act and is used in the cardiopulmonary bypass Authority: 21 U.S.C. 351, 360, 360c, 360e, applicable policy, EPA is approving it. circuit to support, adjoin, or connect 360j, 371. components, or to aid in the setup of the DATES: This rule is effective on June 12, 6. Section 890.1175 is amended by 2000, unless EPA receives adverse extracorporeal line, e.g., an oxygenator revising paragraph (b) to read as follows: mounting bracket or system-priming written comments by May 11, 2000. If equipment. § 890.1175 Electrode cable. adverse comment is received, EPA will publish a timely withdrawal of the rule (b) Classification. (1) Class I. The * * * * * device is classified as class I if it does (b) Classification. Class II (special in the Federal Register and inform the public that the rule will not take effect. not involve an electrical connection to controls). The special controls consist the patient. The device is exempt from of: ADDRESSES: Written comments should the premarket notification procedures in (1) The performance standard under be sent to: J. Elmer Bortzer, Chief, subpart E of part 807 of this chapter part 898 of this chapter, and Regulation Development Section, Air subject to § 870.9. (2) The guidance document entitled Programs Branch (AR–18J), U.S. (2) Class II (special controls). The ‘‘Guidance on the Performance Standard Environmental Protection Agency, 77 device is classified as class II if it for Electrode Lead Wires and Patient West Jackson Boulevard, Chicago, involves an electrical connection to the Cables.’’ This device is exempt from the Illinois 60604. You can inspect copies of patient. The special controls are as premarket notification procedures of the State Plan submittal at the following follows: subpart E of part 807 of this chapter address: U.S. Environmental Protection (i) The performance standard under subject to § 890.9. Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, part 898 of this chapter, and Dated: March 2, 2000. (ii) The guidance document entitled Chicago, Illinois 60604. (We ‘‘Guidance on the Performance Standard Linda S. Kahan, recommended that you contact Mark J. for Electrode Lead Wires and Patient Deputy Director for Regulations Policy, Center Palermo at (312) 886–6082 before Cables.’’ The device is exempt from the for Devices and Radiological Health. visiting the Region 5 Office.) premarket notification procedures in [FR Doc. 00–8850 Filed 4–10–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: John subpart E of part 807 of this chapter BILLING CODE 4160±01±F Paskevicz, Environmental Engineer, at subject to § 870.9. (312) 886–6084. SUPPLEMENTARY INFORMATION: PART 888ÐORTHOPEDIC DEVICES ENVIRONMENTAL PROTECTION Throughout this document wherever AGENCY 3. The authority citation for 21 CFR ‘‘we,’’ ‘‘us’’ or ‘‘our’’ are used, we mean EPA. Also, whenever we refer to part 888 continues to read as follows: 40 CFR Part 52 ‘‘Central Soya’’, we mean Central Soya Authority: 21 U.S.C. 351, 360, 360c, 360e, [IN107±1a; FRL±6573±8] 360j, 371. Company, Incorporated, at 1102 West 18th Street in Marion County, 4. Section 888.1500 is revised to read Approval and Promulgation of Indianapolis, Indiana. as follows: Implementation Plan; Indiana Table of Contents § 888.1500 Goniometer. Particulate Matter Rule I. What Is EPA Approving in This Action? (a) Identification. A goniometer is an AGENCY: Environmental Protection AC-powered or battery powered device Agency (EPA). II. The Indiana State Plan Requirement intended to evaluate joint function by ACTION: Direct final rule. What pollutant does this revision affect? measuring and recording ranges of What is the existing State requirement for motion, acceleration, or forces exerted SUMMARY: On February 3, 1999, the State this source? by a joint. of Indiana Department of Environmental What are the changes requested by Central (b) Classification. (1) Class I (general Management (IDEM) submitted a site- Soya? controls) for a goniometer that does not specific State Implementation Plan (SIP) What are the criteria for approving changes to Central Soya SIP requirements? use electrode lead wires and patient request to revise Particulate Matter (PM) cables. This device is exempt from the emission limits for a facility owned by III. The Indiana Plan for Particulate Matter premarket notification procedures of Central Soya Company, Inc., located in Who is affected by this SIP revision?

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Did the public have an opportunity to What Is the Existing State Requirement What Are the Criteria for Approving comment on the changes? for This Source? Changes to Central Soya SIP What revisions are we approving? Requirements? Prior to this SIP revision request, How did Indiana show that the changes to The general criteria used by EPA to Central Soya had been subject to the SIP are approvable? evaluate such emissions trades, or particulate matter emission limits for a IV. Review and approval of the Indiana SIP ‘‘bubbles,’’ under the Clean Air Act are boiler and a number of other sources revision for Central Soya, Company, Inc. set out in the EPA’s Emissions Trading and operations under 326 IAC 6–1– Policy Statement (ETPS) (see 51 FR Why is Indiana’s SIP revision approvable? 12(a). Those limits, as noted in the Are the particulate matter air quality 43814, December 4, 1986). The ETPS record of public hearing of the Air allows a State to forego a modeling standards and public health protected as Pollution Control Board, are as follows: a result of the approval of this SIP analysis in those trades where the revision? ‘‘applicable net baseline emissions do Grains per When will this rule change become dry stand- not increase and in which the sum of Federally enforceable? Source description Tons/year ard cubic the emissions increases, looking only at foot the increasing sources, totals less than V. Final Rulemaking Action 25 tons per year of particulate matter.’’ 1 VI. Administrative Requirements Vogt Boiler ...... 32.3 0.350 EPA considers that such trades will Toasting Feed Mill .. 5.0 0.013 A. Executive Order 12866 have, at most, a ‘‘de minimis’’ impact on Dry Soybean Meal .. 5.6 0.03 local air quality. 51 FR 43844. B. Executive Order 13045 Soybean Meal Cool- C. Executive Order 13084 In the case of Central Soya, Indiana er ...... 10.2 0.03 also elected to perform a ‘‘Level II’’ D. Executive Order 13132 Pellet Cooler E. Regulatory Flexibility Act modeling analysis under the ETPS. A (South) ...... 7.4 0.03 Level II analysis must include emissions F. Unfunded Mandates Feed Pellet Cooler G. Submission to Congress and the (North) ...... 9.0 0.034 from the sources involved in the trade, Comptroller General Bean Bowl Storage 0.2 0.001 and must demonstrate that the air H. National Technology Transfer and Conveyor System quality impact of the trade does not Advancement Act Aspiration ...... 0.42 0.001 exceed set significance levels. For PM, I. Petitions for Judicial Review Truck Pit Receiving the significance levels are 10 Area ...... 1.1 0.006 micrograms per cubic meter (µg/m 3) for I. What Is EPA Approving in This any 24-hour period, and 5 µg/m 3 for any Action? 1 lb/MMBtu. annual period. The modeling analysis submitted by EPA is approving a requested revision What Are the Changes Requested by Central Soya? the IDEM in support of the requested to Indiana SIP rule 326 IAC 6–1–12 for Central Soya SIP revision is consistent Central Soya, as submitted by Indiana to Central Soya asked the State to amend with a Level II analysis. The analysis EPA with a letter dated February 3, 326 IAC 6–1–12 to eliminate a number shows that the SIP revision request will 1999. The rule addresses particulate of sources and add several new sources. not cause or contribute to any matter concentration and annual Central Soya has reported that the exceedances of the PM NAAQS. The emission limits for a number of sources following sources (identified by point maximum modeled PM air quality at Central Soya’s Marion County, 3 input I.D.) are no longer in operation: impacts were 1.8 µg/m in 24-hours, Indianapolis, Indiana facility. Indiana 3 (01) Vogt Boiler; (02) Toasting Mill and 0.0 µg/m on an annual basis. submitted additional technical support Feed; (03) Dry Soybean Mill; (04) Therefore, IDEM has demonstrated that information on February 23, 1999. The Soybean Meal Cooler; (05) Pellet Cooler this SIP revision will not have a revision reflects the elimination of old South; (06) Feed Pellet Cooler North; significant impact on air quality. processes and the addition of new (08) Bean Bowl Storage; (09) Conveyor operations at the facility. We are III. The Indiana Plan for Particulate System Aspiration; and (10) Truck Pit. Matter approving mass rate limits reflected in Central Soya has asked the State to both an annual rate, which represents a delete these sources from the State rule. Who Is Affected by This SIP Revision? cap on the total emissions for that This revision reduces the emissions of source, and a concentration limit in Central Soya also requested that EPA approve the revised emission limits particulate matter from selected sources grains per dry standard cubic feet in the Central Soya facility, as well as (grains/dscf). applicable to (09A) Elevator Gallery Belt Trippers; (09B) Elevator Gallery Belt the facility as a whole. The reductions II. The Indiana State Plan Requirement Loaders (East and West); and (09C) come about because of the change in Elevator Grain Dryer Conveying Legs. operations at the plant. The State What Pollutant Does This Revision Central Soya also requested that the reports that the facility underwent a Affect? State add two other sources to the change from a processing plant to exclusively a storage facility. Citizens of This revision provides for the inventory: (10A) Elevator #1 Truck and Rail Receiving System and Basement, Marion County living near the facility reduction in emissions of particulate will benefit from the reductions because matter from the sources which are and (10B) Elevator #2 Truck and Rail Receiving System. The Indiana Air the net overall change should be a closed down, and an increase in positive impact on air quality. emissions for additional sources. Pollution Control Board approved these Particulate emissions should change changes on November 1, 1998. Did the Public Have an Opportunity To from a total of 71.22 tons per year, the Comment on the Changes? previously approved emission level, to 1 See 56 FR 56694 (November 6, 1991). On June The State published a public notice 14.81 tons per year. This represents a 9, 1999, EPA revoked the one-hour ozone standard for eastern Massachusetts. See 64 FR 30911 (June on November 3, 1997, and December 23, net emissions decrease of approximately 9, 1999). EPA has proposed to reinstate that 1997, to inform citizens that the revised 56 tons of PM per year. standard. See 64 FR 57424 (October 25, 1999). plan was available for review and public

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations 19321 comment. Indiana held two Air boiler and a number of other sources five sources to the rule. These are: Pollution Control Board meetings on the and operations under 326 IAC 6–1– Elevator Gallery Belt Trippers; Elevator Central Soya rule changes on December 12(a). These approved limits are noted Gallery Belt Loaders (East and West); 3, 1997 and February 4, 1998. The State in the record of public hearing of the Air Elevator Grain Dryer Conveying Legs; did not receive any adverse comment Pollution Control Board. Elevator #1 Truck and Rail Receiving regarding these changes. Indiana has amended rule 326 IAC 6– System and Basement; and Elevator #2 What Revisions Are We Approving? 1–12(a) to eliminate a number of Truck and Rail Receiving System. The State-approved emission limits for the Previous to this SIP revision request, sources, resulting in a reduction of Central Soya had been subject to annual particulate matter emissions five new sources are listed in the particulate matter emission limits for a from Central Soya. Indiana has added following table:

Grains per dry stand- Source description Tons/year ard cubic foot

Elevator Gallery Belt Tripper (East and West) ...... 0.92 0.006 Elevator Gallery Belt Loaders (East and West) ...... 0.70 0.006 Elevator Grain Dryer Conveying Legs ...... 1.01 0.006 Elevator #1 Truck/Rail Receiving System and Basement ...... 7.23 0.006 Elevator #2 Truck/Rail Receiving System ...... 4.95 0.006

How Did Indiana Show That the certain carefully circumscribed effect. Any parties interested in Changes to the SIP Are Approvable? situations. These include emission commenting on this action should do so The State’s technical support changes in which there is a net at this time. If no comments are document included a table of the reduction in emissions. This approach received, the public is advised that this changes in emissions at the Central Soya should ensure that ambient air quality action will be effective on June 12, 2000. standards will be attained and facility for the sources listed. These VI. Administrative Requirements changes, as published in the November maintained, and public health 1, 1998 Indiana Register, Volume 22, protected. The request being approved A. Executive Order 12866 Number 2 (page 417), indicate that the today results in a net reduction in The Office of Management and Budget decreases in PM emissions should total particulate matter emissions. (OMB) has exempted this regulatory 71.22 tons per year and the increases When Will This Rule Change Become action from Executive Order 12866, should total 14.81 tons per year. This Federally Enforceable? entitled ‘‘Regulatory Planning and represents a net decrease in emissions of Review.’’ 56.41 tons per year. This revision will become Federally The State also performed air enforceable on the effective date of this B. Executive Order 13045 emissions ambient modeling. The approval. Protection of Children from modeling shows that impacts are below V. Final Rulemaking Action Environmental Health Risks and Safety the Level II significant impact levels of Risks (62 FR 19885, April 23, 1997), 10.0 µg/m3 for the 24-hour and 5.0 µg/ In this rulemaking action, EPA applies to any rule that: (1) is m3 for the annual time averaged period. approves the Central Soya Company, determined to be ‘‘economically IV. Review and Approval of the Incorporated SIP submission as a significant’’ as defined under Executive Indiana SIP Revision for Central Soya revision to the Indiana SIP. The revision Order 12866, and (2) concerns an Company, Inc. eliminates a total of nine source environmental health or safety risk that operations and adds five new EPA has reason to believe may have a Why Is Indiana’s SIP Revision operations. It has the overall effect of disproportionate effect on children. If Approvable? reducing the emissions of particulate the regulatory action meets both criteria, The revision to this SIP is approvable matter from the facility. The Indiana Air the Agency must evaluate the because the changes requested by the Pollution Control Board approved the environmental health or safety effects of State meet the requirements of the Clean revision and published it in the Indiana the planned rule on children, and Air Act and EPA’s bubble policy, as Register, Volume 22, Number 2, page explain why the planned regulation is noted above. Also, the emissions 417, dated November 1, 1998. EPA is preferable to other potentially effective increases should have, at most, a ‘‘de publishing this direct final approval and reasonably feasible alternatives minimis’’ impact on air quality as a without prior proposal because EPA considered by the Agency. result of the concurrent emissions views this as a noncontroversial This rule is not subject to Executive reductions. revision and anticipates no adverse Order 13045 because it does not involve comments. However, in a separate decisions intended to mitigate Are the Particulate Matter Air Quality document in this Federal Register environmental health or safety risks. Standards and Public Health Protected publication, the EPA is proposing to as a Result of the Approval of This SIP approve the SIP revision should adverse C. Executive Order 13084 Submission? written comments be filed. This action Under Executive Order 13084, EPA The particulate matter air quality will be effective June 12, 2000, without may not issue a regulation that is not standard and public health should be further notice unless EPA receives required by statute, that significantly protected by this SIP revision. The relevant adverse written comment by affects or uniquely affects the Clean Air Act and applicable policy May 11, 2000. Should the Agency communities of Indian tribal permit changes to the State’s receive such comments, it will publish governments, and that imposes implementation plan without the need a final rule informing the public that substantial direct compliance costs on for a detailed technical review under this direct final action will not take those communities, unless the Federal

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 19322 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations government provides the funds process of developing the proposed alternative that achieves the objectives necessary to pay the direct compliance regulation. of the rule and is consistent with costs incurred by the tribal This rule will not have substantial statutory requirements. Section 203 governments, or EPA consults with direct effects on the States, on the requires EPA to establish a plan for those governments. If EPA complies by relationship between the national informing and advising any small consulting, Executive Order 13084 government and the States, or on the governments that may be significantly requires EPA to provide to the Office of distribution of power and or uniquely impacted by the rule. Management and Budget, in a separately responsibilities among the various EPA has determined that the approval identified section of the preamble to the levels of government, as specified in action promulgated does not include a rule, a description of the extent of EPA’s Executive Order 13132, because it Federal mandate that may result in prior consultation with representatives merely approves a state rule estimated costs of $100 million or more of affected tribal governments, a implementing a federal standard, and to either State, local, or tribal summary of the nature of their concerns, does not alter the relationship or the governments in the aggregate, or to the and a statement supporting the need to distribution of power and private sector. This Federal action issue the regulation. In addition, responsibilities established in the Clean approves pre-existing requirements Executive Order 13084 requires EPA to Air Act. Thus, the requirements of under State or local law, and imposes develop an effective process permitting section 6 of the Executive Order do not no new requirements. Accordingly, no elected officials and other apply to this rule. additional costs to State, local, or tribal representatives of Indian tribal E. Regulatory Flexibility governments, or to the private sector, governments ‘‘to provide meaningful result from this action. and timely input in the development of The Regulatory Flexibility Act (RFA) regulatory policies on matters that generally requires an agency to conduct G. Submission to Congress and the significantly or uniquely affect their a regulatory flexibility analysis of any Comptroller General communities.’’ rule subject to notice and comment The Congressional Review Act, 5 Today’s rule does not significantly or rulemaking requirements unless the U.S.C. 801 et seq., as added by the Small uniquely affect the communities of agency certifies that the rule will not Business Regulatory Enforcement Indian tribal governments. This action have a significant economic impact on Fairness Act of 1996, generally provides does not involve or impose any a substantial number of small entities. that before a rule may take effect, the requirements that affect Indian Tribes. Small entities include small businesses, agency promulgating the rule must Accordingly, the requirements of small not-for-profit enterprises, and submit a rule report, which includes a section 3(b) of Executive Order 13084 small governmental jurisdictions. copy of the rule, to each House of the do not apply to this rule. This rule will not have a significant Congress and to the Comptroller General impact on a substantial number of small D. Executive Order 13132 of the United States. Section 804, entities because SIP approvals under however, exempts from section 801 the Federalism (64 FR 43255, August 10, section 110 and subchapter I, part D of following types of rules: rules of 1999) revokes and replaces Executive the Clean Air Act do not create any new particular applicability; rules relating to Orders 12612 (Federalism) and 12875 requirements but simply approve agency management or personnel; and (Enhancing the Intergovernmental requirements that the State is already rules of agency organization, procedure, Partnership). Executive Order 13132 imposing. Therefore, because the or practice that do not substantially requires EPA to develop an accountable Federal SIP approval does not create affect the rights or obligations of non- process to ensure ‘‘meaningful and any new requirements, I certify that this agency parties. 5 U.S.C. 804(3). EPA is timely input by State and local officials action will not have a significant not required to submit a rule report in the development of regulatory economic impact on a substantial regarding this action under section 801 policies that have federalism number of small entities. Moreover, due because this is a rule of particular implications.’’ ‘‘Policies that have to the nature of the Federal-State applicability. federalism implications’’ is defined in relationship under the Clean Air Act, the Executive Order to include preparation of flexibility analysis would H. National Technology Transfer and regulations that have ‘‘substantial direct constitute Federal inquiry into the Advancement Act effects on the States, on the relationship economic reasonableness of state action. Section 12 of the National Technology between the national government and The Clean Air Act forbids EPA to base Transfer and Advancement Act the States, or on the distribution of its actions concerning SIPs on such (NTTAA) of 1995 requires Federal power and responsibilities among the grounds. Union Electric Co., v. U.S. agencies to evaluate existing technical various levels of government.’’ Under EPA, 427 U.S. 246, 255–66 (1976); 42 standards when developing a new Executive Order 13132, EPA may not U.S.C. 7410(a)(2). regulation. To comply with NTTAA, issue a regulation that has federalism F. Unfunded Mandates EPA must consider and use ‘‘voluntary implications, that imposes substantial consensus standards’’ (VCS) if available direct compliance costs, and that is not Under sections 202 of the Unfunded and applicable when developing required by statute, unless the Federal Mandates Reform Act of 1995 programs and policies unless doing so government provides the funds (‘‘Unfunded Mandates Act’’), signed would be inconsistent with applicable necessary to pay the direct compliance into law on March 22, 1995, EPA must law or otherwise impractical. costs incurred by State and local prepare a budgetary impact statement to The EPA believes that VCS are governments, or EPA consults with accompany any proposed or final rule inapplicable to this action. Today’s State and local officials early in the that includes a Federal mandate that action does not require the public to process of developing the proposed may result in estimated costs to State, perform activities conducive to the use regulation. EPA also may not issue a local, or tribal governments in the of VCS. regulation that has federalism aggregate; or to the private sector, of implications and that preempts State $100 million or more. Under section I. Petitions for Judicial Review law unless the Agency consults with 205, EPA must select the most cost- Under section 307(b)(1) of the Clean State and local officials early in the effective and least burdensome Air Act, petitions for judicial review of

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What is the process for EPA’s approval of the Administrator of this final rule does [MA063±01±7200a; A±1±FRL±6574±7A] these SIP revisions? not affect the finality of this rule for the purposes of judicial review nor does it Approval and Promulgation of Air What Action Is EPA Taking? extend the time within which a petition Quality Implementation Plans; EPA is approving Massachusetts’ for judicial review may be filed, and Massachusetts; Revised VOC Rules revised 310 CMR 7.24(8) ‘‘Marine shall not postpone the effectiveness of AGENCY: Volatile Organic Liquid Transfer’’ and such rule or action. This action may not Environmental Protection Agency (EPA). incorporating this rule into the be challenged later in proceedings to Massachusetts SIP. EPA is also ACTION: Direct final rule. enforce its requirements. (See section approving definitions in 310 CMR 7.00 307(b)(2).) SUMMARY: EPA is approving two State which are associated with the marine List of Subjects in 40 CFR Part 52 Implementation Plan (SIP) revisions vessel rule. EPA is also approving submitted by the Commonwealth of Massachusetts’ revised 310 CMR 7.00 Environmental protection, Air Massachusetts. These SIP submittals definition of ‘‘volatile organic pollution control, Incorporation by include revisions to regulations for compound’’ and an amendment to reference, Particulate matter, Reporting controlling volatile organic compound Massachusetts’ 310 CMR 7.25 ‘‘Best and recordkeeping requirements. (VOC) emissions, including emissions Available Controls for Consumer and Dated: March 28, 2000. from marine vessel loading and Commercial Products’’ and Francis X. Lyons, consumer products. The intended effect incorporating these regulations into the Regional Administrator, Region 5. of this action is to approve the revised Massachusetts SIP. regulations into the Massachusetts SIP. For the reasons stated in the What Are the CAA Requirements for This action is being taken in accordance preamble, part 52, chapter I, title 40 of Marine Vessels? the Code of Federal Regulations is with the Clean Air Act (CAA). Section 183(f) of the CAA requires amended as follows: DATES: This direct final rule is effective on June 12, 2000 without further notice, EPA to promulgate reasonably available PART 52Ð[AMENDED] unless EPA receives adverse comment control technology (RACT) standards to by May 11, 2000. If adverse comment is reduce VOC emissions from the loading 1. The authority citation for part 52 received, EPA will publish a timely and unloading of tank vessels. continues to read as follows: withdrawal of the direct final rule in the Furthermore, on November 12, 1993 (58 Authority: 42 U.S.C. 7401 et seq. Federal Register and inform the public FR 60021), marine vessels were added that the rule will not take effect. to the list of those categories for which Subpart PÐIndiana ADDRESSES: Comments may be mailed to EPA will promulgate a maximum David Conroy, Unit Manager, Air achievable control technology (MACT) 2. Section 52.770 is amended by Quality Planning Unit (mail code CAQ), standard. On September 19, 1995 (60 FR adding paragraph (c)(130) to read as U.S. Environmental Protection Agency, 48388), EPA promulgated both RACT follows: Region I, One Congress Street, Suite and MACT standards for marine tank § 52.770 Identification of plan. 1100, Boston, MA 02114–2023. Copies vessels. Section 183(f)(4) of the CAA of the documents relevant to this action states that after EPA promulgates such * * * * * standards, no State may adopt, or (c) * * * are available for public inspection during normal business hours, by attempt to enforce, less stringent (130) On February 3, 1999, Indiana standards for tank vessels subject to submitted a site specific SIP revision appointment at the Office Ecosystem Protection, U.S. Environmental EPA’s regulation. request for the Central Soya Company, In addition, section 182(b)(1) of the Incorporated, Marion County, Indiana. Protection Agency, Region I, One Congress Street, 11th floor, Boston, MA amended CAA requires States with The submitted revision amends 326 IAC ozone nonattainment areas classified as 6–1–12(a), and provides for revised and the Division of Air Quality Control, Department of Environmental moderate and above to develop particulate matter emission totals for a reasonable further progress plans to number of source operations at the Protection, One Winter Street, 8th Floor, Boston, MA 02108. reduce VOC emissions by 15 percent plant. The revision reflects the closure within these areas by 1996 when FOR FURTHER INFORMATION CONTACT: of nine operations and the addition of compared to 1990 baseline VOC Anne E. Arnold, (617) 918–1047. five new ones, resulting in a net emission levels. Also, section reduction in particulate matter SUPPLEMENTARY INFORMATION: This 182(b)(2)(C) of the CAA requires that emissions. section is organized as follows: RACT be implemented for all major (i) Incorporation by reference. The What action is EPA taking? VOC sources by May 31, 1995. Pursuant entry for Central Soya Company, What are the CAA requirements for marine to the Clean Air Act Amendments of Incorporated contained in Indiana vessels? How has Massachusetts addressed these 1990, the Commonwealth of Administrative Code Title 326: Air Massachusetts was designated as serious Pollution Control Board, Article 6: CAA requirements? What were the issues outlined in EPA’s nonattainment for ozone.1 Particulate Rules, Rule 1: conditional approval of Massachusetts’ Therefore, in Massachusetts, sources Nonattainment Area Limitations, marine vessel rule? with the potential to emit greater than Section 12: Marion County. Subsection How has Massachusetts addressed these (a) amended at 22, Indiana Register 416, issues? 1 See 56 FR 56694 (November 6, 1991). On June effective October 16, 1998. What revisions did Massachusetts make to 9, 1999, EPA revoked the one-hour ozone standard its VOC definition? for eastern Massachusetts. See 64 FR 30911 (June [FR Doc. 00–8828 Filed 4–10–00; 8:45 am] How does Massachusetts’ VOC definition 9, 1999). EPA has proposed to reinstate that BILLING CODE 6560±50±U compare to EPA’s VOC definition? standard. See 64 FR 57424 (October 25, 1999).

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50 tpy are considered major VOC emissions limitations of the rule do not (2) Emission Limits for Ballasting sources. Furthermore, Massachusetts is apply to ballasting operations. EPA’s Operations located in the Northeast Ozone conditional approval noted that, Transport Region (OTR). The entire although EPA’s national marine vessel In Massachusetts’ revised rule, the Commonwealth is, therefore, subject to rule does not apply to ballasting requirement for marine terminal owners section 184(b) of the amended CAA. operations, the absence of emission to install and operate equipment to Section 184(b) requires that RACT be limitations for ballasting operations in control VOC emissions which result implemented for all major VOC sources Massachusetts’ rule is inconsistent with solely from ballasting operations has (defined as 50 tons per year for sources the VOC emission reductions claimed in been rescinded. However, the revised in the OTR). Massachusetts’ reasonable further rule states that, if a system is in place How Has Massachusetts Addressed progress (RFP) plan for the Boston- to control emissions from gasoline These CAA Requirements? Worcester-Lawrence ozone loading operations, then that system must also be used to control ballasting In response to the above CAA nonattainment area. Specifically, emissions. In such a case, ballasting requirements, Massachusetts adopted Massachusetts 1990 base year inventory emissions are subject to the emission 310 CMR 7.24(8) to control VOC shows that uncontrolled marine vessel emissions from marine vessel transfer transfer operations result in 3.2 tons of limits of the rule. operations. On August 27, 1996 (61 FR VOC per summer day (tpsd), which Massachusetts’ revision is acceptable 43973), EPA issued a conditional includes 2.8 tpsd from ballasting and since ballasting emissions in approval of Massachusetts’ 310 CMR 0.4 tpsd from loading operations. Massachusetts are now known to be less 7.24(8) marine vessel rule. EPA’s Massachusetts’ initial marine vessel rule significant than originally estimated. As conditional approval cited two SIP submittal states that ballasting previously stated, Massachusetts had outstanding issues associated with emissions will be reduced by 2.1 tpsd. initially calculated uncontrolled Massachusetts’ regulation. This statement assumes that ballasting ballasting emissions to be 2.8 tpsd. What Were the Issues Outlined in EPA’s operations are subject to a 95 percent However, as reported in Massachusetts Conditional Approval of Massachusetts’ control efficiency requirement (i.e., 0.95 public hearing background document, Marine Vessel Rule? control efficiency × 0.8 rule industry data has subsequently shown × that 1994 uncontrolled ballasting EPA’s conditional approval of effectiveness 2.8 tpsd uncontrolled = Massachusetts’ marine vessel rule cited 2.1 tpsd reduction). Therefore, EPA’s emissions were only 0.4 tpsd. the following two outstanding issues conditional approval stated that Massachusetts plans to adjust future associated with this regulation: (1) a Massachusetts’ marine vessel rule emissions inventory estimates of lack of monitoring requirements; and (2) should require that ballasting operations ballasting emissions to reflect this lower emission limits for ballasting be subject to the emission limitations level of emissions. operations. stated in section 7.24(8)(c)(1)(B) of the In addition, as previously mentioned, rule. (1) Lack of Monitoring Requirements EPA’s national marine vessel rule does not apply to ballasting operations. In Massachusetts’ marine vessel rule How Has Massachusetts Addressed These Issues? promulgating this rule, EPA noted that requires that, upon initial startup of the the U.S. Coast Guard has regulations air pollution control equipment, the On October 17, 1997, Massachusetts which address ballasting and that ‘‘the owner or operator of a marine terminal submitted a SIP revision containing a relatively low amount of actual conduct an initial performance test in revised version of its marine vessel rule emissions associated with ballasting order to demonstrate compliance. 310 CMR 7.24(8). Massachusetts’ However, the initially adopted version does not justify dual regulation of of the rule did not require the facility to revised marine vessel rule adequately ballasting.’’ addresses the two issues outlined in demonstrate continued compliance as is What Revisions Did Massachusetts EPA’s conditional approval. generally required of VOC sources. Make to Its VOC Definition? Specifically, as noted in EPA’s (1) Lack of Monitoring Requirements conditional approval, the regulation On July 30, 1996, Massachusetts should require that certain parameters In Massachusetts’ revised rule, a new submitted a SIP revision containing be monitored continuously while provision has been added which revisions to its 310 CMR 7.00 definition marine vessel loading or ballasting requires emission control equipment to of the term ‘‘volatile organic operations are occurring and that be monitored in accordance with the compound.’’ In the revised definition, records be kept of any periods of procedures specified in EPA’s national acetone has been added to the list of operation during which the previously marine vessel rule, specifically sections compounds that are exempt from the established parameter boundaries are 63.564(e) through (j) of 40 CFR part 63, definition of VOC because of their exceeded.2 subpart Y. Massachusetts has, therefore, negligible photochemical reactivity. The (2) Emission Limits for Ballasting adequately addressed the issue of revised definition also clarifies that the Operations monitoring requirements. previously adopted exemption for The marine vessel rule that The revised rule also includes a volatile methyl siloxanes is specifically Massachusetts initially adopted applies reference to the vapor-tightness pressure for ‘‘cyclic, branched, or linear, to the loading of an organic liquid and test procedures in EPA’s national rule, completely methylated siloxanes.’’ EPA to ballasting operations. However, the specifically section 63.565(c)(1) of 40 promulgated an exemption for acetone CFR part 63, subpart Y. Previously, in its definition of VOC on June 16, 2 See the monitoring requirements of EPA’s Massachusetts’ rule required that these 1995 (60 FR 31633) and an exemption national marine vessel rule (especially sections tests be ‘‘conducted in accordance with for cyclic, branched, or linear, 63.564 (e),(g), and (h)) and/or the monitoring completely methylated siloxanes on requirements Massachusetts has imposed on other procedures specified by the DEP and types of VOC sources (e.g., 310 CMR 7.18(2)(e)). EPA.’’ October 5, 1994 (59 FR 50693).

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How Does Massachusetts’ VOC consumer product rule because these ‘‘marine terminal,’’ ‘‘marine vessel,’’ Definition Compare to EPA’s VOC revisions are consistent with current ‘‘organic liquid,’’ and ‘‘recovery Definition? EPA guidance. Further information on device.’’ EPA is also approving Massachusetts’ revised VOC Massachusetts’ October 17, 1997 and Massachusetts’ revised 310 CMR 7.00 definition is consistent with EPA’s VOC July 30, 1996 SIP submittals and EPA’s definition of ‘‘volatile organic evaluation of these submittals can be compound’’ and an amendment to definition codified at 40 CFR 51.100(s), found in a memorandum dated Massachusetts’ 310 CMR 7.25 ‘‘Best with the exception of more recent September 7, 1999 entitled ‘‘Technical Available Controls for Consumer and revisions to EPA’s definition which Support Document—Massachusetts— Commercial Products’’ and were promulgated subsequent to Revised VOC Rules.’’ Copies of this incorporating these regulations into the Massachusetts’ July 30, 1996 SIP document are available, upon request, Massachusetts SIP. submittal. EPA promulgated these from the EPA Regional Office listed in additional revisions on October 8, 1996 Administrative Requirements the ADDRESSES section. (61 FR 52848), August 25, 1997 (62 FR Under Executive Order 12866 (58 FR 44900), and April 9, 1998 (63 FR 17331). What Is the Process for EPA’s Approval 51735, October 4, 1993), this action is These revisions add more compounds to of These SIP Revisions? not a ‘‘significant regulatory action’’ and the list of those exempted from the The EPA is publishing this rule therefore is not subject to review by the definition of VOC because of their without prior proposal because the Office of Management and Budget. This negligible photochemical reactivity. Agency views this as a noncontroversial action merely approves state law as Massachusetts’ VOC definition also does amendment and anticipates no adverse meeting federal requirements and not include an exemption for comments. However, in the proposed imposes no additional requirements perchloroethylene which was rules section of this Federal Register beyond those imposed by state law. promulgated by EPA on February 7, publication, EPA is publishing a Accordingly, the Administrator certifies 1996 (61 FR 4588). As stated in EPA’s separate document that will serve as the that this rule will not have a significant exemption rulemakings, States are not proposal to approve the SIP revision economic impact on a substantial obligated to exclude from control as a should adverse comments be filed. This number of small entities under the VOC those compounds that EPA has action will be effective June 12, 2000 Regulatory Flexibility Act (5 U.S.C. 601 found to be negligibly reactive. without further notice unless the et seq.). Because this rule approves pre- However, EPA will no longer enforce Agency receives adverse comments by existing requirements under state law measures controlling the exempted May 11, 2000. and does not impose any additional compounds as part of a federally- If the EPA receives such comments, enforceable duty beyond that required approved SIP. EPA’s exemption then EPA will publish a document by state law, it does not contain any rulemakings also state that a State may withdrawing the final rule and unfunded mandate or significantly or not take credit for controlling the EPA- informing the public that the rule will uniquely affect small governments, as exempted compounds in its ozone not take effect. All public comments described in the Unfunded Mandates control strategy. Nor may reductions of received will then be addressed in a Reform Act of 1995 (Public Law 104–4). EPA-exempted compounds be used as subsequent final rule based on the For the same reason, this rule also does emission reduction credits or offsets to proposed rule. The EPA will not not significantly or uniquely affect the be traded against the emission of non- institute a second comment period. communities of tribal governments, as exempt compounds. Massachusetts is Parties interested in commenting should specified by Executive Order 13084 (63 not taking credit for reductions of EPA- do so at this time. If no such comments FR 27655, May 10, 1998). This rule will exempted compounds in its rate of are received, the public is advised that not have substantial direct effects on the progress plans and does not allow this rule will be effective on June 12, States, on the relationship between the trading of exempt for non-exempt 2000 and no further action will be taken national government and the States, or emissions. on the proposed rule. on the distribution of power and Nothing in this action should be responsibilities among the various What Revisions Did Massachusetts construed as permitting or allowing or levels of government, as specified in Make to Its Consumer Products Rule? establishing a precedent for any future Executive Order 13132 (64 FR 43255, On July 30, 1996, Massachusetts request for revision to any State August 10, 1999), because it merely submitted revisions to its 310 CMR 7.25 Implementation Plan. Each request for approves a state rule implementing a ‘‘Best Available Controls for Consumer revision to the State Implementation federal standard, and does not alter the and Commercial Products.’’ In this rule, Plan shall be considered separately in relationship or the distribution of power minor clarifications were made to the light of specific technical, economic, and responsibilities established in the definition of the term ‘‘waterproofing and environmental factors and in Clean Air Act. This rule also is not sealer.’’ The revised definition is relation to relevant statutory and subject to Executive Order 13045 (62 FR consistent with EPA’s national rule regulatory requirements. 19885, April 23, 1997), because it is not codified at 40 CFR part 59, subpart D economically significant. ‘‘National VOC Emission Standards for Final Action In reviewing SIP submissions, EPA’s Architectural Coatings.’’ EPA is approving Massachusetts’ role is to approve state choices, revised 310 CMR 7.24(8) ‘‘Marine provided that they meet the criteria of Why Is EPA Approving Massachusetts’ Volatile Organic Liquid Transfer’’ and the Clean Air Act. In this context, in the SIP Submittals? incorporating this rule into the absence of a prior existing requirement EPA is approving Massachusetts’ Massachusetts SIP. EPA is also for the State to use voluntary consensus revised marine vessel rule because the approving the following definitions in standards (VCS), EPA has no authority Commonwealth has successfully 310 CMR 7.00 which are associated with to disapprove a SIP submission for addressed the issues outlined in EPA’s the marine vessel rule: ‘‘combustion failure to use VCS. It would thus be earlier conditional approval. EPA is also device,’’ ‘‘leak,’’ ‘‘leaking component,’’ inconsistent with applicable law for approving Massachusetts revised VOC ‘‘lightering or lightering operation,’’ EPA, when it reviews a SIP submission, definition and clarifications to its ‘‘loading event,’’ ‘‘marine tank vessel,’’ to use VCS in place of a SIP submission

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM pfrm01 PsN: 11APR1 19326 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations that otherwise satisfies the provisions of appropriate circuit by June 12, 2000. Environmental Protection on October the Clean Air Act. Thus, the Filing a petition for reconsideration by 17, 1997 and July 30, 1996. requirements of section 12(d) of the the Administrator of this final rule does (i) Incorporation by reference. National Technology Transfer and not affect the finality of this rule for the (A) 310 CMR 7.24(8) ‘‘Marine Volatile Advancement Act of 1995 (15 U.S.C. purposes of judicial review nor does it Organic Liquid Transfer’’ effective in 272 note) do not apply. As required by extend the time within which a petition the Commonwealth of Massachusetts on section 3 of Executive Order 12988 (61 for judicial review may be filed, and October 5, 1997. FR 4729, February 7, 1996), in issuing shall not postpone the effectiveness of (B) Definition of ‘‘volatile organic this rule, EPA has taken the necessary such rule or action. This action may not compound’’ in 310 CMR 7.00 steps to eliminate drafting errors and be challenged later in proceedings to ‘‘Definitions’’ effective in the ambiguity, minimize potential litigation, enforce its requirements. (See section Commonwealth of Massachusetts on and provide a clear legal standard for 307(b)(2).) Interested parties should June 28, 1996. affected conduct. EPA has complied comment in response to the proposed (C) Definition of ‘‘waterproofing with Executive Order 12630 (53 FR rule rather than petition for judicial sealer’’ in 310 CMR 7.25 ‘‘Best Available 8859, March 15, 1988) by examining the review, unless the objection arises after Controls for Consumer and Commercial takings implications of the rule in the comment period allowed for in the Products’’ effective in the accordance with the ‘‘Attorney proposal. Commonwealth of Massachusetts on General’s Supplemental Guidelines for List of Subjects in 40 CFR Part 52 June 28, 1996. the Evaluation of Risk and Avoidance of (ii) Additional materials Unanticipated Takings’’ issued under Environmental protection, Air (A) Nonregulatory portions of the the executive order. This rule does not pollution control, Hydrocarbons, submittal. impose an information collection Incorporation by reference, Ozone, Reporting and recordkeeping. * * * * * burden under the provisions of the (121) Revisions to the State Paperwork Reduction Act of 1995 (44 Dated: March 24, 2000. Implementation Plan submitted by the U.S.C. 3501 et seq.). Mindy S. Lubber, Massachusetts Department of The Congressional Review Act, 5 Regional Administrator, EPA New England. Environmental Protection on January U.S.C. 801 et seq., as added by the Small Part 52 of Chapter I, Title 40 of the 11, 1995 and March 29, 1995. Business Regulatory Enforcement Code of Federal Regulations is amended (i) Incorporation by reference. Fairness Act of 1996, generally provides as follows: (A) Definitions of ‘‘combustion that before a rule may take effect, the device,’’ ‘‘leak,’’ ‘‘leaking component,’’ agency promulgating the rule must PART 52Ð[AMENDED] ‘‘lightering or lightering operation,’’ submit a rule report, which includes a ‘‘loading event,’’ ‘‘marine tank vessel,’’ copy of the rule, to each House of the 1. The authority citation for part 52 continues to read as follows: ‘‘marine terminal,’’ ‘‘marine vessel,’’ Congress and to the Comptroller General ‘‘organic liquid,’’ and ‘‘recovery device’’ of the United States. EPA will submit a Authority: 42 U.S.C. 7401 et seq. in 310 CMR 7.00 ‘‘Definitions’’ effective report containing this rule and other Subpart WÐMassachusetts in the Commonwealth of Massachusetts required information to the U.S. Senate, on January 27, 1995. the U.S. House of Representatives, and § 52.1119 [Amended] (ii) Additional materials. the Comptroller General of the United 2. Remove § 52.1119(a)(2). (A) Nonregulatory portions of the States prior to publication of the rule in 3. Section 52.1120 is amended by submittal. the Federal Register. A major rule adding paragraphs (c)(115) and (c)(121) 4. In § 52.1167, Table 52.1167 is cannot take effect until 60 days after it to read as follows: amended by adding new entries to is published in the Federal Register. existing state citations for 310 CMR 7.00 This action is not a ‘‘major rule’’ as § 52.1120 Identification of plan and 310 CMR 7.25; and by adding new defined by 5 U.S.C. 804(2). * * * * * state citation 310 CMR 7.24(8). Under section 307(b)(1) of the Clean (c) * * * Air Act, petitions for judicial review of (115) Revisions to the State § 52.1167 EPA-approved Massachusetts this action must be filed in the United Implementation Plan submitted by the State regulation. States Court of Appeals for the Massachusetts Department of * * * * *

TABLE 52.1167.ÐEPA-APPROVED MASSACHUSETTS REGULATIONS

Date sub- Date ap- State citation Title/subject mitted by proved by Federal Register citation 52.1120(c) Comments/unapproved State EPA sections

******* 310 CMR 7.00 ..... Definitions ...... 7/30/96 4/11/00 [Insert FR citation from 115 Definition of ``volatile or- published date]. ganic compound'' re- vised.

******* 310 CMR 7.00 ..... Definitions ...... 1/11/95 4/11/00 [Insert FR citation from 121 Definitions associated 3/29/95 published date]. with marine vessel rule.

******* 310 CMR 7.24(8) Marine Volatile Organic 10/17/97 4/11/00 [Insert FR citation from 115 Liquid Transfer. published date].

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TABLE 52.1167.ÐEPA-APPROVED MASSACHUSETTS REGULATIONSÐContinued

Date sub- Date ap- State citation Title/subject mitted by proved by Federal Register citation 52.1120(c) Comments/unapproved State EPA sections

******* 310 CMR 7.25 ..... Best Available Controls 7/30/96 4/11/00 [Insert FR citation from 115 Definition of ``water- for Consumer and published date]. proofing sealer'' re- Commercial Products. vised.

*******

[FR Doc. 00–8830 Filed 4–10–00; 8:45 am] III. Additional Information unpublished health and safety studies BILLING CODE 6560±50±P Appendix A—Summary of Acceptable on such substitutes. Decisions • Outreach—Section 612(b)(1) states I. Section 612 Program that the Administrator shall seek to ENVIRONMENTAL PROTECTION maximize the use of federal research AGENCY A. Statutory Requirements facilities and resources to assist users of Section 612 of the Clean Air Act class I and II substances in identifying 40 CFR Part 82 authorizes EPA to develop a program for and developing alternatives to the use of [FRL±6575±7] evaluating alternatives to ozone- such substances in key commercial applications. depleting substances. EPA refers to this • Protection of Stratospheric Ozone program as the Significant New Clearinghouse—Section 612(b)(4) Alternatives Policy (SNAP) program. requires the Agency to set up a public AGENCY: Environmental Protection clearinghouse of alternative chemicals, Agency. The major provisions of section 612 are: • Rulemaking—Section 612(c) product substitutes, and alternative ACTION: Notice of acceptability. requires EPA to promulgate rules manufacturing processes that are available for products and SUMMARY: This notice expands the list of making it unlawful to replace any class manufacturing processes which use acceptable substitutes for ozone- I (chlorofluorocarbon, halon, carbon class I and II substances. depleting substances (ODS) under the tetrachloride, methyl chloroform, Environmental Protection Agency’s methyl bromide, and B. Regulatory History (EPA) Significant New Alternatives hydrobromofluorocarbon) or class II On March 18, 1994, EPA published Policy (SNAP) program. (hydrochlorofluorocarbon) substance rulemaking (59 FR 13044) which EFFECTIVE DATE: April 11, 2000. with any substitute that the described the process for administering ADDRESSES: Information relevant to this Administrator determines may present the SNAP program and issued EPA’s notice is contained in Air Docket A–91– adverse effects to human health or the first acceptability lists for substitutes in 42, Central Docket Section, South environment where the Administrator the major industrial use sectors. These Conference Room 4, Environmental has identified an alternative that (1) sectors include: refrigeration and air Protection Agency, 401 M Street, SW., reduces the overall risk to human health conditioning; foam blowing; solvents Washington, DC 20460, telephone: (202) and the environment, and (2) is cleaning; fire suppression and explosion currently or potentially available. protection; sterilants; aerosols; 260–7548. The docket may be inspected • between 8:00 a.m. and 5:30 p.m. Listing of Unacceptable/Acceptable adhesives, coatings and inks; and weekdays. As provided in 40 CFR Part Substitutes—Section 612(c) also tobacco expansion. These sectors 2, a reasonable fee may be charged for requires EPA to publish a list of the compose the principal industrial sectors photocopying. substitutes unacceptable for specific that historically consumed the largest uses. EPA must publish a corresponding FOR FURTHER INFORMATION CONTACT: volumes of ozone-depleting compounds. list of acceptable alternatives for Kelly Davis at (202) 564–2303 or fax As described in this original rule for specific uses. (202) 565–2096, Environmental the SNAP program, EPA does not • Petition Process—Section 612(d) Protection Agency, Stratospheric believe that rulemaking procedures are grants the right to any person to petition Protection Division, Mail Code 6205J, required to list alternatives as EPA to add a substance to or delete a Washington, DC 20460. Overnight or acceptable with no limitations. Such substance from the lists published in courier deliveries should be sent to the listings do not impose any sanction, nor accordance with section 612(c). The office location at 501 3rd Street, NW., do they remove any prior license to use Agency has 90 days to grant or deny a Washington, DC 20001. The a substance. Consequently, by this petition. Where the Agency grants the Stratospheric Protection Hotline can be notice EPA is adding substances to the petition, EPA must publish the revised reached at (800) 296–1996. Further list of acceptable alternatives without lists within an additional 6 months. information can be found at EPA’s first requesting comment on new • 90-Day Notification—Section 612(e) Ozone Depletion World Wide Web site listings. requires EPA to require any person who EPA does, however, believe that at ‘‘http://www.epa.gov/ozone/title6/ produces a chemical substitute for a notice-and-comment rulemaking is snap/’’. class I substance to notify the Agency required to place any substance on the SUPPLEMENTARY INFORMATION: not less than 90 days before new or list of prohibited substitutes, to list a I. Section 612 Program A. Statutory Requirements existing chemicals are introduced into substance as acceptable only under B. Regulatory History interstate commerce for significant new certain conditions, to list substances as II. Listing of Acceptable Substitutes uses as substitutes for a class I acceptable only for certain uses, or to A. Refrigeration and Air Conditioning substance. The producer must also remove a substance from either the list B. Foam Blowing provide the Agency with the producer’s of prohibited or acceptable substitutes.

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Updates to these lists are published as of existing uranium isotope separation strongly encouraged to recover, recycle, separate notices of rulemaking in the processing equipment. Furan, a and/or destroy these fluids during Federal Register. perfluorocarbon (PFC), does not servicing and after the end of the The Agency defines a ‘‘substitute’’ as contribute to stratospheric ozone equipment’s useful life. any chemical, product substitute, or depletion. The environmental B. Foam Blowing alternative manufacturing process, characteristics of concern for this whether existing or new, intended for compound are its extremely high global 1. Acceptable Substitutes use as a replacement for a class I or class warming potential and long atmospheric (a) Saturated Light Hydrocarbons C3- II substance. Anyone who produces a lifetime. Long atmospheric lifetimes C6. Saturated Light Hydrocarbons C3-C6 substitute must provide the Agency make the warming effects of PFCs are acceptable as a substitute for HCFC- with health and safety studies on the essentially irreversible. As a result, 141b in all foam end-uses, except as a substitute at least 90 days before PFCs are included in the Climate HCFC replacement in spray foam introducing it into interstate commerce Change Action Plan, which broadly applications. (Spray foam applications instructs EPA to use section 612 of the for significant new use as an alternative. fall under the Rigid Polyurethane Spray CAA, as well as voluntary programs, to This requirement applies to substitute and Commercial Refrigeration, and manufacturers, but may include control emissions. Despite these concerns, EPA has Sandwich Panels end-use.). Today’s importers, formulators or end-users, action does not affect previous decisions when they are responsible for listed several PFCs as acceptable replacements for CFC-114 in uranium made by EPA to list specific introducing a substitute into commerce. hydrocarbon blowing agents as A complete chronology of SNAP isotope separation processing. PFCs have physical and thermodynamic acceptable in spray foam. The decisions and the appropriate Federal acceptability of hydrocarbons as HCFC- Register citations can be found at EPA’s properties that make them the only viable alternatives to CFC-114 in this 141b replacements in spray foam Ozone Depletion World Wide Web site applications will be determined on a at http://www.epa.gov/ozone/title6/ end-use that have been identified as of this time. PFCs offer high dielectric product-by-product basis until standard snap/chron.html. This information is industry practices/training become more also available from the Air Docket (see resistance, noncorrosivity, thermal stability, materials compatibility, established. C3–C6 saturated light ADDRESSES section above for contact hydrocarbons are already acceptable information). chemical inertness, low toxicity, and nonflammability. substitutes for CFC-11 in all foam end- II. Listing of Acceptable Substitutes In this end-use, Furan may offer some uses, and for HCFC-141b in some foam end-uses (rigid polyurethane and This section presents EPA’s most advantages over other PFCs currently polyisocyanurate laminated boardstock, recent acceptable listing decisions for listed as acceptable. The most rigid polyurethane appliance, and substitutes in the refrigeration and significant advantage may be that its polyurethane integral skin). Today’s foams sectors. For copies of the full list vapor pressure is lower which results in action expands the acceptable of SNAP decisions in all industrial lower leak rates and a reduced applications for C3-C6 saturated light sectors, contact the EPA Stratospheric likelihood that new leaks will be created hydrocarbons as substitutes for HCFCs Protection Hotline at (800) 296–1996. in the system. Another distinction in the following applications/end-uses: The sections below presents a between Furan and other alternatives rigid polyurethane commercial detailed discussion of the substitute examined relates to the relatively low refrigeration and sandwich panels, rigid listing. The table summarizing today’s molecular weight of the compound. The polyurethane slabstock and other foams, listing decisions is in Appendix A. The low molecular weight relative to the polystyrene extruded insulation comments contained in the table in material being processed makes it easy boardstock and billet, phenolic Appendix A provide additional to separate Furan from the process insulation board and bunstock, and information, but are not legally binding stream. EPA is listing Furan as acceptable in polyolefin. Hydrocarbon blowing agents under section 612 of the Clean Air Act. retrofit and existing uranium isotope have no ozone depletion potential, low Thus, adherence to recommendations in separation system designs only. For new global warming potentials, and are low the comments section of the table is not equipment designs in this end-use, EPA in toxicity. However, these agents are mandatory for use of a substitute. In believes other alternatives may exist or flammable and should be handled with addition, the comments should not be may be developed to meet the needs of proper precautions. considered comprehensive with respect newly designed systems. Users of Furan The flammability of hydrocarbon to other legal obligations pertaining to should note that if other alternatives blowing agents are of particular concern the use of the substitute. However, EPA become available, EPA may determine in spray foam applications where a strongly encourages users of acceptable to list Furan as unacceptable due to the controlled factory environment is not substitutes to apply all comments to availability of other suitable substitutes. possible. The potential for explosion or their use of these substitutes. In many If EPA took such action, EPA could also fire highlights the need for safety instances, the comments simply refer to consider whether to grandfather existing training. While training can not provide standardized operating practices that uses. EPA’s 1994 SNAP rulemaking an absolute guarantee of safety, EPA have already been identified in existing specifies the criteria EPA would use in believes that a comprehensive training industry and/or building-code making a decision to grandfather program, if implemented properly, can standards. Thus, many of the comments, existing uses (59 FR 13057; March 18, adequately control risks associated with if adopted, would not require significant 1994). use of potentially flammable changes in existing operating practices EPA urges industry to continue to hydrocarbon-blown spray foam systems. for the affected industry. search for other long-term alternatives In December 1999, EPA listed Exxsol A. Refrigeration and Air Conditioning for this end-use that do not have high Blowing Agents, a specific hydrocarbon GWPs and long atmospheric lifetimes. pentane blend, as acceptable in all foam 1. Acceptable Substitutes In cases where users must use PFCs, end-uses (64 FR 68039) including spray (a) Furan (C4F8O). Furan is acceptable they should make every effort to foam. Draft training materials for spray as a substitute for CFC-114 in retrofits minimize emissions. Users are also foam applications were provided to EPA

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APPENDIX A: SUMMARY OF ACCEPTABLE DECISIONS

End-use Substitute Decision Comments

Refrigeration and Air Conditioning Sector

Uranium Isotope Separation Furan for CFC±114 Acceptable ...... EPA urges industry to continue to search for other long-term al- Processing (Retrofit). ternatives for this end-use that do not contain substances with such high GWPs and long atmospheric lifetimes. In cases where users must adopt PFCs, they should make every effort to minimize emissions. Users are also strongly encouraged to recover, recycle, and/or destroy these fluids during servicing and after the end of the equipment's useful life.

Foam Blowing

All foam end-uses, except as a Saturated Light Hy- Acceptable ...... Today's action does not affect previous decisions made by HCFC±141b replacement in drocarbons C3±C6 EPA to list specific hydrocarbon blowing agents as accept- spray foam applications (see for HCFC±141b. able in spray foam. The acceptability of hydrocarbons as comments). HCFC±141b replacements in spray foam applications will be determined on a product-by-product basis until standard in- dustry practices/training become more established. EPA may list other hydrocarbon blowing agents as acceptable for spray foam applications if companies wishing to distribute or use hydrocarbons in spray foam applications establish safety training programs. Interested parties should contact EPA.

[FR Doc. 00–8958 Filed 4–10–00; 8:45 am] November 2, 1999, entitled ‘‘Medicare prostate screening. Additionally there BILLING CODE 6560±50±U Program; Revisions to Payment Policies are various revisions to Addenda B and Under the Physician Fee Schedule for C. Calendar Year 2000.’’ The provisions in this correction DEPARTMENT OF HEALTH AND EFFECTIVE DATE: January 1, 2000. notice are effective as if they had been HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: included in the document published in Diane Milstead, (410) 786–3355. the Federal Register on November 2, Health Care Financing Administration SUPPLEMENTARY INFORMATION: 1999, that is, January 1, 2000. 42 CFR Parts 410, 411, 414, 415, and Background Discussion of Addenda B and C 485 In FR Doc. 99–28367 of November 2, 1. On page 39626 of the July 22, 1999 [HCFA±1065±CN] 1999, (64 FR 59380), there were a proposed rule, we discussed revising number of technical errors. The errors the work RVUs for certain pediatric RIN 0938±AJ61 relate to the omission of language surgical services to reflect more discussing payment for pulse oximetry, appropriate data. We inadvertently Medicare Program; Revisions to temperature gradient studies and omitted these work RVU changes from Payment Policies Under the Physician venous pressure determinations and the Addendum B of the November 2, 1999 Fee Schedule for Calendar Year 2000 removal of the x-ray requirement before final rule. Entries on the pages listed AGENCY: Health Care Financing chiropractic manipulation; acceptance below are corrected as follows: Page Administration (HCFA), HHS. of the RUC recommendations for work 59451 for CPT code 21740; page 59476 ACTION: Correction of final rule with relative value units (RVUs); RUC for CPT codes 38550 and 38555; page comment period. recommendations for CPT codes 17276 59477 for CPT code 39503; page 59479 and 95165; a comment on codes in the for CPT codes 42810 and 42815; page SUMMARY: This document corrects ‘‘zero work’’ pool; discussion of CPT 59480 for CPT codes 43305, 43310, technical errors that appeared in the code 61862 and the correct billing 43312, and 43831; page 59482 for CPT final rule with comment period procedures; and regulations text codes 45120 and 45121; page 59483 for published in the Federal Register on definitions concerning the coverage of CPT codes 46715, 46716, 46730, 46735,

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46740, and 46751; page 59484 for CPT 6. On page 39629 of the July 22, 1999 59572 for G0164, G0164–26, G0164–TC, codes 47700 and 47701; page 59485 for proposed rule, we proposed changing G0165, G0165–26 and G0165–TC. These CPT codes 49215, 49495, 49580, 49600, ventricular assist device insertions, CPT corrections are reflected in correction 49605, and 49606; page 59488 for CPT codes 33975 and 33976, to an XXX number 18 to follow. code 51940; and page 59495 for CPT global and reducing the work RVUs Correction of Errors code 60280. These corrections are accordingly. In the November 2, 1999 reflected in correction number 8 to final rule, in Addendum B, we changed In FR Doc. 99–28367 of November 2, follow. the global periods to XXX but 1999, make the following corrections: 2. On page 59421 of the November 2, inadvertently failed to reduce the work 1. On page 59395, second column, 1999 final rule, we assigned 5.85 work RVUs as stated in the proposed rule. after the sixth full paragraph, add the RVUs to CPT code 61885. We Entries on the page listed below are following: inadvertently omitted this value from corrected as follows: Page 59472 for CPT CPT code 17276, Destruction, malignant Addenda B and C. Entries on the pages codes 33975 and 33976. In addition, we lesion, any method scalp, neck, hands, feet, listed below are corrected as follows: failed to show the adjustments to the genitalia; lesion diameter over 4.0cm Page 59497 and page 59582 for CPT CPEP data made to accommodate the The RUC forwarded a recommendation for code 61885. These corrections are changing global periods. These supplies. We accepted the recommendation reflected in correction number 9 to corrections are reflected in correction but deleted what appeared to be duplicated follow. number 13 to follow. gauze supplies.’’ 3. In Addendum B, we assigned 7. In Addendum B, we inadvertently 2. On page 59398, first column, after incorrect status indicators for the assigned incorrect practice expense and the last paragraph insert the following: following CPT codes: Page 59553 for malpractice RVUs to HCPCS codes ‘‘CPT Code 95165, professional services for CPT codes 94760 and 94761; and page G0102, G0104, G0105, and incorrect the supervision and provision of antigens for 59578 for HCFA Common Procedure malpractice relative value units for CPT allergen immunotherapy. Coding System (HCPCS) codes Q0183, codes 59000 through 59899. Entries on The nature of the RUC’s recommendation the pages listed below are corrected as regarding this code was significantly Q0184, Q0185, Q0186, Q1001, Q1002, different than its recommendations regarding Q1003, Q1004, and Q1005. These follows: Page 59571 for HCPCS codes G0102, G0104, and G0105; pages 59494 other codes. The RUC did not examine the corrections are reflected in correction direct expense inputs for code 95165 but number 10 to follow. and 59495 for CPT codes 59000 through 59899. These corrections are reflected in commented on the definition of dose used for 4. On page 39630 of the July 22, 1999 claims involving this code. Because the correction number 14 to follow. proposed rule, we discussed accepting direct expense inputs have not been 8. On pages 59448 and 59582 of reviewed, we believe that it is not the RUC work RVU recommendations Addendum B, we assigned an incorrect for five CPT codes that were carrier appropriate to revise the practice expense procedure status and global period to value at this time.’’ priced for 1999. The status of these CPT code 20979. Entries on pages listed codes would also change from Carrier below are corrected as follows: Pages 3. On page 59406, in the last line of Priced (C) to Active (A) in the final rule. 59448 and 59582 for CPT code 20979. column two, insert the words ‘‘, in Table We inadvertently omitted the work These corrections are reflected in 7,’’ between the words ‘‘95956’’ and RVUs, status indicator, and correct correction number 15 to follow. ‘‘should’’. global indicator changes from 9. In Addendum B, we inadvertently 4. On page 59413, column three, after Addendum B of the final rule. Entries assigned incorrect practice expense line 7, add the following: on the pages listed below are corrected RVUs for HCPCS codes G0106, G0106– as follows: Page 59473 for CPT code 26, G0106–TC, G0120, G0120–26, ‘‘Result of Evaluation of Comments: 35500; page 59475 for CPT code 36823; G0120–TC, G0170, G0171 and CPT code We are adopting our proposal to bundle page 59476 for CPT code 38792; page 45378–53. Entries on pages listed below payment for these services beginning January 59495 for CPT 60650 (renumbered from are corrected as follows: Page 59571 for 2000 with the exception of code 94762, CPT code 56321 for which we accepted HCPCS codes G0106, G0106–26, G0106– which we will continue to pay separately the RUC recommendation); page 59476 when continuous overnight monitoring is TC, G0120, G0120–26 and G0120–TC; medically necessary as a separate procedure. for CPT code 38120 (renumbered from page 59572 and page 59583 for G0170 CPT code 56345 for which we accepted and G0171; and page 59482 for CPT M. Removal of Requirement for X-ray Before the RUC recommendation); and page 45378–53. These corrections are Chiropractic Manipulation 59481 for CPT code 44201 (renumbered reflected in correction number 16 to We are conforming our regulations to from CPT code 56347 for which we follow. section 4513(a) of the BBA that deleted the accepted the RUC recommendation). In 10. We incorrectly denoted that CPT requirement that a spinal subluxation be addition, we failed to reflect the practice code 40814 was not applicable in a non- demonstrated by an x-ray for a chiropractor to receive payment under Medicare Part B for expense values assigned to these codes. facility setting. On page 59477 of These corrections are reflected in manual manipulation of the spine to correct Addendum B, the applicable practice a subluxation. correction 11 to follow. expense values are included for the Comment: We received one comment 5. In Addendum B, we inadvertently nonfacility setting for CPT code 40814. requesting we revise § 410.22 (Limitations on published incorrect global periods for These corrections are reflected in services of a chiropractor) to recognize CPT codes 33968, 47560, 62263, 96570 correction number 17 to follow. chiropractors as physicians for purposes of and 96571. Entries on pages listed 11. In Addendum B, we assigned ordering and furnishing diagnostic tests and below are corrected as follows: Pages incorrect practice expense and/or other services and supplies related to manual 59472 and 59582 for CPT code 33968; malpractice RVUs for HCPCS codes manipulation for treatment of subluxation of page 59484 for CPT code 47560; pages G0163, G0163–26, G0163–TC, G0164, the spine. Response: We believe that extending the 59497 and 59582 for CPT code 62263; G0164–26, G0164–TC, G0165, G0165– scope of services of the chiropractor to and pages 59556 and 59583 for CPT 26, and G0165–TC. Entries on the pages include other services, such as ordering and codes 96570 and 96571. These listed below are corrected as follows: furnishing diagnostic tests, is inconsistent corrections are reflected in correction Page 59571 for HCPCS codes G0163, with section 1861(r) of the Act. Thus, we number 12 to follow. G0163–26, and G0163–TC and page cannot implement this comment.

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Comment: Two commenters expressed (a) * * * and 1861(gg) of the Act) who is fully concern that the x-ray requirement has been (4) A physician for purposes of this knowledgeable about the beneficiary, removed without being replaced by clear’’ provision means a doctor of medicine or and who would be responsible for 5. On page 59418, in the third osteopathy (as defined in section explaining the results of the screening column, line 6 from the top, replace 1861(r)(1) of the Act) who is fully examination or test. ‘‘69’’ with ‘‘85’’, and line 9, replace ‘‘31’’ knowledgeable about the beneficiary, * * * * * with ‘‘15’’. and who would be responsible for explaining the results of the screening § 410.39 [Corrected] 7. On page 59440, in the second and examination or test. third columns, in § 410.39, paragraphs 6. On page 59440, in the second (5) A physician assistant, nurse (b) and (d), add the phrase ‘‘as defined column, § 410.39 is corrected by adding practitioner, clinical nurse specialist, or paragraphs (a)(4) and (a)(5) as follows: certified nurse midwife for purposes of in paragraphs (a)(4) or (a)(5) of this this provision means a physician section,’’ after the word ‘‘midwife.’’ § 410.39 Prostate cancer screening tests: assistant, nurse practitioner, clinical Addendum B [Corrected] Conditions for and limitations on coverage. nurse specialist, or certified nurse * * * * * midwife (as defined in sections 1861(aa)

8. In the table of Addendum B, the following CPT codes are corrected to read as follows:

Year Year Fully im- 2000 Fully im- Year Fully Im- 2000 Year Physi- plement- transi- plement- 2000 Mal- plement- transi- Fully im- 2000 CPT1/ cian ed non- tional transi- plement- transi- 2 MOD Status Description ed facil- practice ed non tional Global HCPCS Work facility non- ity PE tional fa- RVUs facility non- ed facil- tional fa- RVUs3 PE facility cility PE ity total cility RVUs PE RVUs RVUs total facility total RVUs total

21740 A Reconstruction of sternum ...... 16.80 NA NA 15.80 12.78 1.95 NA NA 34.55 31.53 090 38550 A Removal, neck/armpit lesion ...... 6.92 NA NA 5.24 4.38 0.50 NA NA 12.66 11.80 090 38555 A Removal, neck/armpit lesion ...... 14.14 NA NA 11.47 9.68 1.53 NA NA 27.14 25.35 090 39503 A Repair of diaphragm hernia ...... 37.54 NA NA 14.98 21.16 3.26 NA NA 55.78 61.96 090 42810 A Excision of neck cyst ...... 3.25 4.77 4.09 3.83 3.62 0.27 8.29 7.61 7.35 7.14 090 42815 A Excision of neck cyst ...... 7.07 NA NA 6.06 7.35 0.55 NA NA 13.68 14.97 090 43305 A Repair esophagus and fistula ...... 17.39 NA NA 12.60 13.74 1.32 NA NA 31.31 32.45 090 43310 A Repair of esophagus ...... 27.47 NA NA 17.64 18.04 3.07 NA NA 48.18 48.58 090 43312 A Repair esophagus and fistula ...... 30.50 NA NA 23.15 19.02 3.46 NA NA 57.11 52.98 090 43831 A Place gastrostomy tube ...... 7.84 NA NA 4.15 4.90 0.74 NA NA 12.73 13.48 090 45120 A Removal of rectum ...... 25.00 NA NA 11.45 14.62 2.31 NA NA 38.76 41.93 090 45121 A Removal of rectum and colon ...... 27.51 NA NA 12.98 12.35 2.65 NA NA 43.14 42.51 090 46715 A Repair of anovaginal fistula ...... 7.46 NA NA 4.31 4.06 0.86 NA NA 12.63 12.38 090 46716 A Repair of anovaginal fistula ...... 12.85 NA NA 6.50 6.54 1.21 NA NA 20.56 20.60 090 46730 A Construction of absent anus ...... 22.39 NA NA 11.74 11.70 1.91 NA NA 36.04 36.00 090 46735 A Construction of absent anus ...... 27.02 NA NA 12.15 13.15 2.59 NA NA 41.76 42.76 090 46740 A Construction of absent anus ...... 24.19 NA NA 10.40 11.47 2.31 NA NA 36.90 37.97 090 46751 A Repair of anal sphincter ...... 8.77 NA NA 5.53 4.98 0.86 NA NA 15.16 14.61 090 47700 A Exploration of bile ducts ...... 15.62 NA NA 8.23 8.26 1.37 NA NA 25.22 25.25 090 47701 A Bile duct revision ...... 29.55 NA NA 13.21 11.06 2.87 NA NA 45.63 43.48 090 49215 A Excise sacral spine tumor ...... 23.20 NA NA 10.50 9.86 2.18 NA NA 35.88 35.24 090 49495 A Repair inguinal hernia, init ...... 5.84 NA NA 3.67 4.54 0.56 NA NA 10.07 10.94 090 49580 A Repair umbilical hernia ...... 3.34 NA NA 2.74 3.47 0.34 NA NA 6.42 7.15 090 49600 A Repair umbilical lesion ...... 10.96 NA NA 5.66 5.69 0.95 NA NA 17.57 17.60 090 49605 A Repair umbilical lesion ...... 24.94 NA NA 11.31 10.31 2.20 NA NA 38.45 37.45 090 49606 A Repair umbilical lesion ...... 21.31 NA NA 8.89 8.96 1.91 NA NA 32.11 32.18 090 51940 A Correction of bladder defect ...... 28.43 NA NA 13.38 16.98 1.90 NA NA 43.71 47.31 090 60280 A Remove thyroid duct lesion ...... 5.87 NA NA 4.86 6.06 0.48 NA NA 11.21 12.41 090 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 9. In the table of Addenda’s B and C, the following CPT code is corrected to read as follows:

Year Fully im- 2000 Year Year Year Physi- plement- transi- Fully im- 2000 Fully im- 2000 Fully im- 2000 1 plement- Mal- plement- transi- CPT / MOD Status Description cian ed non- tional ed facil- transi- practice ed non- tional plement- transi- Global HCPCS 2 work facility non- tional fa- ed facil- tional fa- 3 ity PE RVUs facility non-fa- RVUs PE facility 4 cility PE ity total cility 4 RVUs 4 total cility RVUs PE RVUs total total RVUs 4

61885 A Implant neurostim one array ...... 5.85 NA NA 4.86 6.06 0.48 NA NA 11.21 12.41 090 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 10. In the table of Addendum B, the following HCPCS codes are corrected to read as follows:

Year Fully im- 2000 Year Year Year Physi- plement- transi- Fully im- 2000 Fully im- 2000 Fully im- 2000 1 plement- Mal- plement- transi- CPT / MOD Status Description cian ed non- tional ed facil- transi- practice ed non- tional plement- transi- Global HCPCS 2 work facility non- tional fa- ed facil- tional fa- 3 ity PE RVUs facility non-fa- RVUs PE facility 4 cility PE ity total cility 4 RVUs 4 total cility RVUs PE RVUs total total RVUs 4

Q0183 X Nonmetabolic active tissue ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 XXX Q0184 X Metabolically active tissue ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 XXX Q0185 X Metabolic active D/E tissue ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 XXX Q0186 X Paramedic intercept, rural ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 XXX

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Year Fully im- 2000 Year Year Year Physi- plement- transi- Fully im- 2000 Fully im- 2000 Fully im- 2000 1 plement- Mal- plement- transi- CPT / MOD Status Description cian ed non- tional ed facil- transi- practice ed non- tional plement- transi- Global HCPCS 2 work facility non- tional fa- ed facil- tional fa- 3 ity PE RVUs facility non-fa- RVUs PE facility 4 cility PE ity total cility 4 RVUs 4 total cility RVUs PE RVUs total total RVUs 4

Q1001 X Ntiol category 1 ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 XXX Q1002 X Ntiol category 2 ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 XXX Q1003 X Ntiol category 3 ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 XXX Q1004 X Ntiol category 4 ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 XXX Q1005 X Ntiol category 5 ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 XXX 94760 T Measure blood oxygen level ...... 0.00 0.08 0.18 0.08 0.18 0.02 0.10 0.20 0.10 0.20 XXX 94761 T Measure blood oxygen level ...... 0.00 0.15 0.42 0.15 0.42 0.05 0.20 0.47 0.20 0.47 XXX 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 11. In the table of Addendum B, the following CPT codes are corrected to read as follows:

Fully im- Year Fully im- Year Fully im- Year Year Physi- plement- 2000 plement- 2000 Mal- plement- 2000 Fully im- 2000 CPT 1/ cian ed non- trasitional transi- transi- plement- transi- 2 MOD Status Description ed facil- practice ed non- Global HCPCS work facility non- ity PE tional fa- RVUs facility tional fa- ed facil- tional fa- RVUs3 PE facility cility PE cility ity total cility RVUs PE RVUs RVUs RVUs total total total

35500 A Harvest vein for bypass ...... 6.45 NA NA 2.43 2.43 0.73 NA NA 9.61 9.61 ZZZ 36823 A Insert cannula(s) ...... 21.00 NA NA 11.54 11.54 0.67 NA NA 33.21 33.21 090 38120 A Laparoscopic splenectomy ...... 17.00 NA NA 7.83 7.83 1.04 NA NA 25.87 25.87 090 38792 A Identify sentinel node ...... 0.52 NA NA 0.20 0.20 0.01 NA NA 0.73 0.73 000 44201 A Laparoscopic jejunostomy ...... 9.78 NA NA 3.61 3.61 1.35 NA NA 14.74 14.74 090 60650 A Laparoscopy adrenalectomy ...... 20.00 NA NA 9.10 9.10 1.35 NA NA 30.45 30.45 090 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 12. In the table of Addenda’s B and/or C, the following CPT codes are corrected to read as follows:

Fully im- Year Fully im- Year Fully im- Year Year Physi- plement- 2000 plement- 2000 Mal- plement- 2000 Fully im- 2000 CPT 1/ cian ed non- trasitional transi- transi- plement- transi- 2 MOD Status Description ed facil- practice ed non- Global HCPC work facility non- ity PE tional fa- RVUs facility tional fa- ed facil- tional fa- RVUs3 PE facility cility PE cility ity total cility RVUs PE RVUs RVUs RVUs total total total

33968 A Remove aortic assist device ...... 0.64 0.25 0.25 0.25 0.25 0.27 1.16 1.16 1.16 1.16 000 47560 A Laparoscopy w/ cholangio ...... 4.89 N/A N/A 1.95 2.48 0.46 N/A N/A 7.30 7.83 000 62263 A Lysis epidural adhesions ...... 6.02 4.61 4.61 2.18 2.18 0.88 11.51 11.51 9.08 9.08 010 96570 A Photodynamic tx, 30 min ...... 1.10 0.71 0.71 0.43 0.43 0.28 2.09 2.09 1.81 1.81 ZZZ 96571 A Photodynamc tx, addl 15 min ...... 0.55 0.31 0.31 0.21 0.21 0.28 1.14 1.14 1.04 1.04 ZZZ 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 13. In table of Addendum B, the following CPT codes are corrected to read as follows:

Fully im- Year Fully im- Year Fully im- Year Year Physi- plement- 2000 plement- 2000 Mal- plement- 2000 Fully im- 2000 CPT 1/ cian ed non- trasitional transi- transi- plement- transi- 2 MOD Status Description ed facil- practice ed non- Global HCPC work facility non- ity PE tional fa- RVUs facility tional fa- ed facil- tional fa- RVUs3 PE facility cility PE cility ity total cility RVUs PE RVUs RVUs RVUs total total total

33975 A Implant ventricular device ...... 21.00 NA NA 16.80 16.10 2.86 NA NA 40.66 39.96 XXX 33976 A Implant ventricular device ...... 23.00 NA NA 18.65 19.82 3.91 NA NA 45.56 46.73 XXX 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 14. In table of Addendum B, the following CPT codes are corrected to read as follows:

Fully im- Year Fully im- Year Fully im- Year Year Physi- plement- 2000 plement- 2000 Mal- plement- 2000 Fully im- 2000 CPT 1/ cian ed non- trasitional transi- transi- plement- transi- 2 MOD Status Description ed facil- practice ed non- Global HCPC work facility non- ity PE tional fa- RVUs facility tional fa- ed facil- tional fa- RVUs3 PE facility cility PE cility ity total cility RVUs PE RVUs RVUs RVUs total total total

G0102 A Prostate ca screening; dre ...... 0.17 0.51 0.37 0.06 0.09 0.01 0.69 0.55 0.24 0.27 XXX G0104 A CA screen; flexi sigmoidscope ...... 0.96 1.35 1.34 0.33 0.46 0.07 2.38 2.37 1.36 1.49 000 G0105 A Colorectal scrn; hi risk ind ...... 3.70 5.99 5.24 1.29 2.86 0.26 9.95 9.20 5.25 6.82 000 59000 A Amniocentesis ...... 1.30 1.54 1.30 0.49 0.77 0.19 3.03 2.79 1.98 2.26 000 59012 A Fetal cord punture, prenatal ...... 3.45 NA NA 1.38 2.11 0.51 NA NA 5.34 6.07 000 59015 A Chorion biopsy ...... 2.20 1.27 1.29 0.85 1.08 0.32 3.79 3.81 3.37 3.60 000 59020 A Fetal contract stress test ...... 0.66 0.78 1.06 0.78 1.06 0.21 1.65 1.93 1.65 1.93 000 59020 26 A Fetal contract stress test ...... 0.66 0.26 0.53 0.26 0.53 0.13 1.05 1.32 1.05 1.32 000 59020 TC A Fetal contract stress test ...... 0.00 0.52 0.53 0.52 0.53 0.08 0.60 0.61 0.60 0.61 000 59025 A Fetal non-stress test ...... 0.53 0.43 0.55 0.43 0.55 0.10 1.06 1.18 1.06 1.18 000 59025 26 A Fetal non-stress test ...... 0.53 0.20 0.31 0.20 0.31 0.08 0.81 0.92 0.81 0.92 000 59025 TC A Fetal non-stress test ...... 0.00 0.23 0.24 0.23 0.24 0.02 0.25 0.26 0.25 0.26 000 59030 A Fetal scalp blood sample ...... 1.99 NA NA 0.77 1.24 0.30 NA NA 3.06 3.53 000 59050 A Fetal monitor w/ report ...... 0.89 NA NA 0.34 0.61 0.12 NA NA 1.35 1.62 XXX 59051 A Fetal monitor/interpret only ...... 0.74 NA NA 0.28 0.58 0.10 NA NA 1.12 1.12 XXX 59100 A Remove uterus lesion ...... 12.35 NA NA 6.05 5.27 1.80 NA NA 20.20 19.42 090

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Fully im- Year Fully im- Year Fully im- Year Year Physi- plement- 2000 plement- 2000 Mal- plement- 2000 Fully im- 2000 CPT 1/ cian ed non- trasitional transi- transi- plement- transi- 2 MOD Status Description ed facil- practice ed non- Global HCPC work facility non- ity PE tional fa- RVUs facility tional fa- ed facil- tional fa- RVUs3 PE facility cility PE cility ity total cility RVUs PE RVUs RVUs RVUs total total total

59120 A Treat ectopic pregnancy ...... 11.49 NA NA 5.73 7.13 1.67 NA NA 18.89 20.29 090 59121 A Treat ectopic pregnancy ...... 11.67 NA NA 5.84 5.84 1.70 NA NA 19.21 19.21 090 59130 A Treat ectopic pregnancy ...... 14.22 NA NA 6.89 6.68 2.07 NA NA 23.18 22.97 090 59135 A Treat ectopic pregnancy ...... 13.88 NA NA 6.76 8.73 2.01 NA NA 22.65 24.62 090 59136 A Treat ectopic pregnancy ...... 13.18 NA NA 6.49 6.62 1.92 NA NA 21.59 21.72 090 59140 A Treat ectopic pregnancy ...... 5.46 NA NA 3.40 4.23 0.79 NA NA 9.65 10.48 090 59150 A Treat ectopic pregnancy ...... 6.89 NA NA 3.95 4.44 1.00 NA NA 11.84 12.33 090 59151 A Treat ectopic pregnancy ...... 7.86 NA NA 4.01 6.68 1.15 NA NA 13.02 15.69 090 59160 A D & C after delivery ...... 2.71 3.30 3.24 2.07 2.63 0.39 6.40 6.34 5.17 5.73 010 59200 A Insert cervical dilator ...... 0.79 1.19 0.89 0.29 0.3 0.11 2.09 1.79 1.19 1.20 000 59300 A Episiotomy or vaginal repair ...... 2.41 1.56 1.32 0.92 0.73 0.34 4.31 4.07 3.67 3.48 000 59320 A Revision of cervix ...... 2.48 NA NA 1.30 1.62 0.36 NA NA 4.14 4.46 000 59325 A Revision of cervix ...... 4.07 NA NA 1.92 2.53 0.59 NA NA 6.58 7.19 000 59350 A Repair of uterus ...... 4.95 NA NA 1.84 2.84 0.73 NA NA 7.52 8.52 000 59400 A Obstetrical care ...... 23.06 NA NA 13.44 14.86 3.35 NA NA 39.85 41.27 MMM 59409 A Obstetrical care ...... 13.50 NA NA 5.08 7.69 1.97 NA NA 20.55 23.16 MMM 59410 A Obstetrical care ...... 14.78 NA NA 6.01 8.6 2.15 NA NA 22.94 25.53 MMM 59412 A Antepartum manipulation ...... 1.71 1.16 1.24 0.65 0.99 0.25 3.12 3.20 2.61 2.95 MMM 59414 A Deliver placenta ...... 1.61 NA NA 1.13 1.19 0.24 NA NA 2.98 3.04 MMM 59425 A Antepartum care only ...... 4.81 4.62 3.88 4.62 3.1 0.71 10.14 9.40 10.14 8.62 MMM 59426 A Antepartum care only ...... 8.28 7.85 6.61 7.81 5.25 1.20 17.33 16.09 17.29 14.73 MMM 59430 A Care after delivery ...... 2.13 1.14 0.78 1.14 0.68 0.32 3.59 3.23 3.59 3.13 MMM 59510 A Cesarean delivery ...... 26.22 NA NA 15.40 16.87 3.82 NA NA 45.44 46.91 MMM 59514 A Cesarean delivery only ...... 15.97 NA NA 6.01 8.97 2.32 NA NA 24.30 27.26 MMM 59515 A Cesarean delivery ...... 17.37 NA NA 7.56 10.2 2.53 NA NA 27.46 30.10 MMM 59525 A Remover uterus after cesarean ...... 8.54 NA NA 3.19 3.66 1.24 NA NA 12.97 13.44 ZZZ 59610 A Vbac delivery ...... 24.62 NA NA 9.36 12.82 3.58 NA NA 37.56 41.02 MMM 59612 A Vbac delivery only ...... 15.06 NA NA 5.77 8.03 2.20 NA NA 23.03 25.29 MMM 59614 A Vbac care after delivery ...... 16.34 NA NA 6.29 8.74 2.38 NA NA 25.01 27.46 MMM 59618 A Attempted Vbac delivery ...... 27.78 NA NA 10.51 14.43 4.05 NA NA 42.34 46.26 MMM 59620 A Attempted Vbac delivery only ...... 17.53 NA NA 6.67 9.30 2.55 NA NA 26.75 29.38 MMM 59622 A Attempted Vbac after care ...... 18.93 NA NA 7.27 10.05 2.76 NA NA 28.96 31.74 MMM 59812 A Treatment of miscarriage ...... 3.25 4.21 4.07 2.23 3.06 0.48 7.94 7.80 5.96 6.79 090 59820 A Care of miscarriage ...... 4.01 4.40 4.24 2.52 3.3 0.59 9.00 8.84 7.12 7.90 090 59821 A Treatment of miscarriage ...... 4.47 4.87 3.91 2.71 2.83 0.66 10.00 9.04 7.84 7.96 090 59830 A Treat uterus infection ...... 6.11 NA NA 3.64 4.28 0.89 NA NA 10.64 11.28 090 59840 R Abortion ...... 3.01 4.64 4.07 2.14 2.82 0.44 8.09 7.52 5.59 6.27 010 59841 R Abortion ...... 5.24 6.01 5.04 3.35 3.71 0.75 12.00 11.03 9.34 9.70 010 59850 R Abortion ...... 5.91 NA NA 2.52 3.43 0.86 NA NA 9.29 10.20 090 59851 R Abortion ...... 5.93 NA NA 2.87 3.76 0.86 NA NA 9.66 10.55 090 59852 R Abortion ...... 8.24 NA NA 4.34 5.16 1.19 NA NA 13.77 14.59 090 59855 R Abortion ...... 6.12 NA NA 3.17 3.83 0.89 NA NA 10.18 10.84 090 59856 R Abortion ...... 7.48 NA NA 3.55 4.55 1.09 NA NA 12.12 13.12 090 59857 R Abortion ...... 9.29 NA NA 4.28 5.52 1.36 NA NA 14.93 16.17 090 59866 R Abortion (mpr) ...... 4.00 NA NA 1.55 2.33 0.58 NA NA 6.13 6.91 000 59870 A Evacuate mole of uterus ...... 4.28 NA NA 2.85 3.01 0.62 NA NA 7.75 7.91 090 59871 A Remove cerclage suture ...... 2.13 1.89 1.91 0.81 1.37 0.32 4.34 4.36 3.26 3.82 000 59898 C Laparo proc, ob care/delivery ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 YYY 59899 C Maternity care procedure ...... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 YYY 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 15. In table of Addenda B and C, the following CPT code is corrected to read as follows:

Year Year Fully im- 2000 Fully im- Year Fully im- 2000 Year Physi- plement- transi- plement- 2000 Mal- plement- transi- Fully im- 2000 CPT 1/ cian tional transi- plement- transi- 2 MOD Status Description ed facil- ed facil- practice ed non- tional Global HCPCS work ity PE non- ity PE tional fa- RVUs facility non- ed facil- tional fa- RVUs 3 facility cility PE ity total cility RVUs PE RVUs RVUs total facility total RVUs total

20979 N U.S. bone stimulation ...... 0.17 0.25 0.25 0.07 0.07 0.01 0.43 0.43 0.25 0.25 XXX 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110ÐD9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 16. In the table of Addendum B, the following CPT codes are corrected to read as follows:

Year Year Year Fully im- 2000 Fully im- 2000 Fully im- 2000 Year Physi- plement- transi- plement- Transi- Mal- plement- Transi- Fully im- 2000 CPT 1/ cian ed non- tional tional plement- Transi- 2 MOD Status Description ed facil- practice ed non- tional Global HCPCS work facility non- ity PE non- RVUs facility non- ed facil- tional fa- RVUs 3 PE facility facility ity total cility RVUs PE RVUs PE total facility total RVUs RVUs total

G0106 A Colon CA screen; barium enema ...... 0.99 2.51 2.66 2.51 2.66 0.15 3.65 3.80 3.65 3.80 XXX G0106 26 A Colon CA screen; barium enema ...... 0.99 0.27 0.38 0.27 0.38 0.04 1.30 1.41 1.30 1.41 XXX G0106 TC A Colon CA screen; barium enema ...... 0.00 2.24 2.28 2.24 2.28 0.11 2.35 2.39 2.35 2.39 XXX G0120 A A Colon ca scrn barium enema ...... 0.99 2.51 2.66 2.51 2.66 0.15 3.65 3.80 3.65 3.80 XXX G0120 26 A Colon ca scrn barium enema ...... 0.99 0.27 0.38 0.27 0.38 0.04 1.30 1.41 1.30 1.41 XXX G0120 TC A Colon ca scrn barium enema ...... 0.00 2.24 2.28 2.24 2.28 0.11 2.35 2.39 2.35 2.39 XXX G0170 A Skin biograft ...... 1.50 3.14 3.14 1.10 1.10 0.39 5.03 5.03 2.99 2.99 10 G0171 A Skin biograft add-on ...... 0.38 0.30 0.30 0.15 0.15 0.39 1.07 1.07 0.92 0.92 ZZZ 45378 53 A Diagnostic colonoscopy ...... 0.96 1.35 1.34 0.33 0.46 0.07 2.38 2.37 1.36 1.49 000 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply.

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2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 17. In the table of Addendum B, the following CPT code is corrected to read as follows:

Year Year Year Fully im- 2000 Fully im- 2000 Fully im- 2000 Year Physi- plement- transi- plement- Transi- Mal- plement- Transi- Fully im- 2000 CPT 1/ cian ed non- tional tional plement- Transi- 2 MOD Status Description ed facil- practice ed non- tional Global HCPCS work facility non- ity PE non- RVUs facility non- ed facil- tional fa- RVUs 3 PE facility facility ity total cility RVUs PE RVUs PE total facility total RVUs RVUs total

40814 A Excise/repair mouth lesion ...... 3.42 3.64 3.58 3.64 2.70 0.25 7.31 7.25 7.31 6.37 90 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units. 18. In the table of Addendum B, the following HCPCS codes are corrected to read as follows:

Year Year Fully im- 2000 Fully im- Year Fully im- 2000 Year Physi- plement- transi- plement- 2000 Mal- plement- transi- Fully im- 2000 CPT 1/ cian ed non- tional transi- plement- transi- 2 MOD Status Description ed facil- practice ed non- tional Global HCPCS work facility non- ity PE tional fa- RVUs facility non- ed facil- tional fa- RVUs3 PE facility cility PE ity total cility RVUs PE RVUs RVUs total facility total RVUs total

G0163 ...... A PET for rec of colorectal ca ...... 1.50 56.21 56.21 56.21 56.21 2.06 59.77 59.77 59.77 59.77 XXX G0163 26 ...... A PET for rec of colorectal ca ...... 1.50 0.58 0.58 0.58 0.58 0.05 2.13 2.13 2.13 2.13 XXX G0163 TC ...... A PET for rec of colorectal ca ...... 0.00 55.63 55.63 55.63 55.63 2.01 57.64 57.64 57.64 57.64 XXX G0164 ...... A PET for lymphoma staging ...... 1.87 56.35 56.35 56.35 56.35 2.06 60.28 60.28 60.28 60.28 XXX G0164 26 ...... A PET for lymphoma staging ...... 1.87 0.72 0.72 0.72 0.72 0.05 2.64 2.64 2.64 2.64 XXX G0164 TC ...... A PET for lymphoma staging ...... 0.00 55.63 55.63 55.63 55.63 2.01 57.64 57.64 57.64 57.64 XXX G0165 ...... A PET, rec of melanoma/met ca ...... 1.50 56.21 56.21 56.21 56.21 2.06 59.77 59.77 59.77 59.77 XXX G0165 26 ...... A PET, rec of melanoma/met ca ...... 1.50 0.58 0.58 0.58 0.58 0.05 2.13 2.13 2.13 2.13 XXX G0165 TC ...... A PET, rec of melanoma/met ca ...... 0.00 55.63 55.63 55.63 55.63 2.01 57.64 57.64 57.64 57.64 XXX 1 CPT codes and descriptions only are copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Apply. 2 Copyright 1994 American Dental Association. All rights reserved (D0110±D9999). 3 + Indicates RVUs are not used for Medicare payment. 4 PE RVUs = Practice Expense Relative Value Units.

(Section 1848 of the Social Security Act (42 make available to competitive 1. On page 2554, in the third column, U.S.C. 1395w–4)) (Catalog of Federal telecommunications carriers as in § 51.319, paragraph (h) is added to Domestic Assistance Program No. 93.774, unbundled network elements. The read as follows: Medicare—Supplementary Medical Insurance Program) document, as published, inadvertently removed a portion of 52.319 that the § 51.319 Specific unbundling requirements. Dated: March 23, 2000. Commission added to the rule Brian P. Burns, previously on January 10, 2000 (65 FR * * * * * Deputy Assistant Secretary for Information 1331) addressing the obligation of (h) High frequency portion of the loop. Resources Management. incumbent local exchange carriers to (1) The high frequency portion of the [FR Doc. 00–8717 Filed 4–10–00; 8:45 am] make available the high frequency loop network element is defined as the frequency range above the voiceband on BILLING CODE 4120±01±P portion of the local loop as a new network element. The purpose of this a copper loop facility that is being used correction is to add this portion of the to carry analog circuit-switched FEDERAL COMMUNICATIONS rule back into 47 CFR 51.319. voiceband transmissions. (2) An incumbent LEC shall provide COMMISSION DATES: Effective on April 11, 2000. nondiscriminatory access in accordance 47 CFR Part 51 FOR FURTHER INFORMATION CONTACT: with § 51.311 of these rules and section Jodie Donovan-May, Policy and Program 251(c)(3) of the Act to the high [CC Docket No. 96±98; FCC 99±238] Planning Division, Common Carrier frequency portion of a loop to any requesting telecommunications carrier Revision of the Commission's Rules Bureau, at (202) 418–1580. for the provision of a Specifying the Portions of the Nation's SUPPLEMENTARY INFORMATION: The telecommunications service conforming Local Telephone Networks that Federal Communications Commission with § 51.230 of these rules. Incumbent Local Telephone published a report and order and final (3) An incumbent LEC shall only Companies Must Make Available to rule in the Federal Register of January provide a requesting carrier with access Competitors 18, 2000 (65 FR 2542). As published, to the high frequency portion of the loop this final rule inadvertently removed AGENCY: Federal Communications if the incumbent LEC is providing, and paragraph (h). The Commission had continues to provide, analog circuit- Commission. added paragraph (h) to § 51.310 in a ACTION: Final rule; correction. switched voiceband services on the report and order and final rule particular loop for which the requesting SUMMARY: The Federal Communications published in the Federal Register of carrier seeks access. Commission published in the Federal January 10, 2000 (65 FR 1331). This (4) Control of the loop and splitter Register of January 18, 2000 (65 FR correction adds paragraph (h) back into functionality. In situations where a 2542) a report and order and final rule, the Commission’s final rule. requesting carrier is obtaining access to 47 CFR 51.319, specifying which Specifically, in rule FR Doc. 00–1036 the high frequency portion of the loop, portions of their telephone networks published on January 18, 2000 (65 FR the incumbent LEC may maintain incumbent local exchange carriers must 2542), make the following correction: control over the loop and splitter

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The the requesting carrier seeks to deploy intermediate distribution frame or a test full text of this decision is available for using the high frequency portion of the access server, for the purposes of loop inspection and copying during normal loop, as defined in this subsection, testing, maintenance, and repair business hours in the FCC Reference provided that such transmission activities. Center at Portals ll, CY–A257, 445 12th technology is presumed to be (ii) An incumbent seeking to utilize Street, SW, Washington, DC. The deployable pursuant to § 51.230. an alternative physical access complete text of this decision may also (5) Loop conditioning. (i) An methodology may request approval to be purchased from the Commission’s incumbent LEC must condition loops to do so from the relevant state copy contractor, International enable requesting carriers to access the commission, but must show that the Transcription Service, Inc., (202) 857– high frequency portion of the loop proposed alternative method is 3805, 1231 20th Street, NW, spectrum, in accordance with reasonable, nondiscriminatory, and will Washington, DC 20036. Specifically, §§ 51.319(a)(3), and 51.319(h)(1). If the not disadvantage a requesting carrier’s this document substitutes Channel 293A incumbent LEC seeks compensation ability to perform loop or service testing for Channel 294C at Muenster, Texas, from the requesting carrier for line maintenance or repair. and modifies the license of Station conditioning, the requesting carrier has Federal Communications Commission. KXGM–FM to specify operation on the option of refusing, in whole, or in Channel 294C. In order to accommodate part, to have the line conditioned, and Magalie Roman Salas, Channel 294C at Muenster, it substitutes a requesting carrier’s refusal of some or Secretary. Channel 294C for Channel 296C1 at all aspects of line conditioning will not [FR Doc. 00–8843 Filed 4–10–00; 8:45 am] Granbury, Texas, reallots Channel diminish its right of access to the high BILLING CODE 6712±01±M 296C1 to Benbrook, Texas, and modifies frequency portion of the loop (ii) Where conditioning the loop will the license of Station KDXT to specify significantly degrade, as defined in FEDERAL COMMUNICATIONS operation on Channel 296C1 at § 51.233, the voiceband services that the COMMISSION Benbrook. It also substitutes Channel incumbent LEC is currently providing 294C2 for Channel 282C2 at Detroit, over that loop, the incumbent LEC must 47 CFR Part 73 Texas, and substitutes Channel 284A for Channel 272A at Antlers, Oklahoma. It either: [DA 00±584; MM Docket No. 98±198; RM± (A) Locate another loop that has been 9304, RM±9492, RM±9548, RM±9547] also substitutes Channel 295A for or can be conditioned, migrate the Channel 296A at McKinney, Texas, incumbent LEC’s voiceband service to Services; Texas reallots Channel 296A to Campbell, that loop, and provide the requesting and Oklahoma Texas, and modifies the license of carrier with access to the high frequency Station KZDF to specify operation on AGENCY: Federal Communications Channel 296A at Campbell. It portion of the alternative loop; or Commission. (B) Make a showing to the relevant substitutes Channel 294A for Channel state commission that the original loop ACTION: Final rule. 296C3 at Lone Grove, Oklahoma, and modifies the license of Station KYNZ to cannot be conditioned without SUMMARY: In response to specify operation on Channel 263C3. To significantly degrading voiceband counterproposals in this proceeding accommodate Channel 263C3 at Lone services on that loop, as defined in filed by First Broadcasting Management, Grove, it substitutes Channel 296C3 for § 51.233, and that there is no adjacent or LLC, KCYT–FM License Corporation, Channel 292A at Durant, Oklahoma, and alternative loop available that can be Gain-Air, Inc., WBAP/KSCS Operating, modifies the license of Station KLBC to conditioned or to which the customer’s Ltd., Blue Bonnet Radio, Inc., Heftel specify operation on Channel 292A. In voiceband service can be moved to Broadcasting Corporation, Metro order to accommodate Channel 296A at enable line sharing. Broadcasters-Texas, Inc., Jerry Snyder Campbell, it substitutes Channel 296A (iii) If the relevant state commission and Associates, Inc., and Hunt for Channel 295A at Terrell, Texas, concludes that a loop cannot be Broadcasting, this document granted reallots Channel 295A to Kerens, Texas, conditioned without significantly multiple channel substitutions and and modifies the license of Station degrading the voiceband service, the changes of community of license in KZDL to specify operation on Channel incumbent LEC cannot then or Cross Plains, Allen, Benbrook, 295A at Kerens. The Channel 296C1 subsequently condition that loop to Brownwood, Burkburnnett, Campbell, allotment at Benbrook requires the provide advanced services to its own Clifton, Coleman, Commerce, Detroit, substitution of Channel 296C3 for customers without first making Graham, Granbury, Haskell, Kerens, Channel 234C3 at Graham, Texas, and available to any requesting carrier the Mason, Jacksboro, McKinney, Muenster, modification of the license of Station high frequency portion of the newly- San Saba, Snyder, Terrell, Vernon, KWKQ to specify operation on Channel conditioned loop. Waco, and Wichita Falls, TX; Alva, 234C3; the substitution of Channel (6) Digital loop carrier systems. Anadarko, Antlers, Ardmore, Atoka, 296C3 for Channel 272C3 at Coleman, Incumbent LECs must provide to Comanche, Dickson, Duncan, Durant, Texas, and the modification of the requesting carriers unbundled access to Eldorado, Hugo, and Lone Grove, OK. license of Station KSTA–FM to specify the high frequency portion of the loop See Supplementary Information. With operation on Channel 272C3; and the at the remote terminal as well as the this action, the proceeding is substitution of Channel 296A for central office, pursuant to § 51.319(a)(2) terminated. and § 51.319(h)(1). Channel 277A at Waco, Texas, and the (7) Maintenance, repair, and testing. DATES: Effective May 4, 2000. modification of the license of Station (i) Incumbent LECs must provide, on a FOR FURTHER INFORMATION CONTACT: KWBU to specify operation on Channel nondiscriminatory basis, physical loop Robert Hayne, Mass Media Bureau (202) 277A. In order to allot Channel 277A at test access points to requesting carriers 418–2177. Waco, it substitutes Channel 277C3 for

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Channel 281C3 at Clifton, Texas, and Channel 238C for Channel 246C1 at 05–35 and 98–52–44. The reference modifies the license of Station KWOW Haskell, Texas, and modifies the license coordinates for the Channel 278C to specify operation on Channel 281C3. of Station KVRP to specify operation on allotment at Anadarko, Oklahoma, are In order to allot Channel 281C3 to Channel 246C1. In order to allot 35–23–18 and 98–37–41. The reference Clifton, it substitutes Channel 281C1 for Channel 246C1 to Haskell, it substitutes coordinates for the Channel 248C2 Channel 245C1 at Brownwood, Texas, Channel 246A for Channel 255A at allotment at Alva, Oklahoma, are 36– and modifies the license of Station Snyder, Texas, and substitutes Channel 58–32 and 98–42–21. The reference KXYL–FM to specify operation on 246A for Channel 245A at Eldorado, coordinates for the Channel 298C3 Channel 245C1. In order to allot Oklahoma. See 63 FR 63016, November allotment at Wellington, Texas, are 34– Channel 245C1 to Brownwood, it 10, 1998. The reference coordinates for 49–13 and 100–14–29. The reference substitutes Channel 246A for Channel the Channel 296C1 allotment at coordinates for the Channel 224A 291A at San Saba, Texas, and modifies Benbrook, Texas, are 32–26–17 and 97– allotment at Dickson, Oklahoma, are 34– the license of Station KBAL–FM to 49–06. The reference coordinates for the 07–17 and 96–58–49. The reference specify operation on Channel 291A. It Channel 296A allotment at Campbell, coordinates for the Channel 238A also substitutes Channel 277C3 for Texas, are 33–12–41 and 95–51–39. The allotment at Jacksboro, Texas, are 33– Channel 277C at Commerce, Texas, reference coordinates for the Channel 19–53 and 98–10–54. The reference reallots Channel 277C to Allen, Texas, 296C3 allotment at Lone Grove, coordinates for the Channel 246C1 and modifies the license of Station Oklahoma, are 34–15–01 and 97–07–42. allotment at Haskell, Texas, are 33–09– KEMM to specify operation on Channel The reference coordinates for the 40 and 99–48–57. The reference 277C at Allen. In order to allot Channel Channel 292A allotment at Durant, coordinates for the Channel 249A 277C to Allen, it substitutes Channel Oklahoma, are 34–00–07 and 96–25–19. allotment at Snyder, Texas, are 32–43– 277C1 for Channel 272C1 at Wichita The reference coordinates for the 04 and 100–55–02. The reference Falls, Texas, and modifies the license of Channel 297C2 allotment at Lawton, coordinates for the Channel 245A Station KWFS to specify operation on Oklahoma, are 34–37–35 and 98–19–05. allotment at Eldorado, Oklahoma, are Channel 272C1; and substitutes Channel The reference coordinates for the 34–28–24 and 99–38–54. The reference 276C2 for Channel 271A at Atoka, Channel 295A allotment at Kerens, coordinates for the Channel 239C1 Oklahoma, and modifies the license of Texas, are 32–08–15 and 96–19–10. The allotment at Ardmore, Oklahoma, are Station KHKC to specify operation on reference coordinates for the Channel 34–09–42 and 97–09–11. The reference Channel 298A. In order to allot Channel 234C3 allotment at Graham, Texas, are coordinates for the Channel 240C1 272C1 to Wichita Falls, it substitutes 33–02–39 and 98–46–27. The reference allotment at Mineral Wells, Texas, are Channel 273A for Channel 280A at coordinates for the Channel 272C3 32–39–15 and 98–11–58. The reference Wichita Falls, Texas, and modifies the allotment at Coleman, Texas, are 31–51– coordinates for the Channel 237C2 license of Station KQXC to specify 16 and 99–25–36. The reference allotment at Howe, Texas, are 33–31–09 operation on Channel 280; substitutes coordinates for the Channel 277A and 96–47–05. The reference Channel 272A for Channel 276A at allotment at Waco, Texas, are 31–31–51 coordinates for the Channel 282C2 Vernon, Texas, and modifies the license and 97–09–10. The reference allotment at Detroit, Texas, are 33–47– of Station KVWC to specify operation on coordinates for the Channel 281C3 21 and 95–33–07. The reference Channel 276A; substitutes Channel allotment at Clifton, Texas, are 31–47– coordinates for the Channel 272A 272A for Channel 246A at Duncan, 40 and 97–27–17. The reference allotment at Antlers, Oklahoma, are 34– Oklahoma, and modifies the license of coordinates for the Channel 245C1 18–05 and 95–33–06. Station KKEN to specify operation on allotment at Brownwood, Texas, are 31– List of Subjects in 47 CFR Part 73 Channel 246A. In order to allot Channel 42–16 and 99–00–05. The reference 246A to Duncan, it substitutes Channel coordinates for the Channel 291A Radio Broadcasting. 246A for Channel 287A at Comanche, allotment at San Saba, Texas, are 31– Part 73 of the Code of Federal Oklahoma, and modifies the license of 11–26 and 98–42–55. The reference Regulations is amended as follows: Station KDDQ to specify operation on coordinates for the Channel 277C PART 73Ð[AMENDED] Channel 287A. In order to allot Channel allotment at Allen, Texas, are 33–33–36 287A to Comanche, it substitutes and 96–57–35. The reference 1. The authority citation for Part 73 Channel 284C for Channel 284C1 at coordinates for the Channel 272C1 continues to read as follows: Burkburnett, Texas, and modifies the allotment at Wichita Falls, Texas, are Authority: Sections 303, 48 Stat., as license of Station KYYI to specify 34–03–57 and 98–45–05. The reference amended, 1082; 47 U.S.C. 154, as amended. operation on Channel 284C1. In order to coordinates for the Channel 271A allot Channel 280A to Wichita Falls, it allotment at Atoka, Oklahoma, are 34– § 73.202(b) [Amended] substitutes Channel 279C1 for Channel 29–22 and 96–08–07. The reference 2. Section 73.202(b), the Table of FM 278C at Anadarko, Oklahoma, and coordinates for the Channel 280A Allotments under Texas, is amended, as modifies the license of Station KPRT to allotment at Wichita Falls, Texas, are follows: specify operation on Channel 278C. In 33–53–50 and 98–32–33. The reference a. By removing Channel 293A and order to allot Channel 278C to coordinates for the Channel 276A adding Channel 294C at Muenster. Anadarko, it substitutes Channel 278C1 allotment at Vernon, Texas, are 34–09– b. By removing Granbury, Channel for Channel 248C2 at Alva, Oklahoma; 12 and 99–16–09. The reference 294C and adding Benbrook, Channel and substitutes Channel 278C3 for coordinates for the Channel 246A 296C1. Channel 224A at Dickson, Oklahoma. It allotment at Duncan, Oklahoma, are 34– c. By removing McKinney, Channel also substitutes Channel 237A for 03–43 and 97–58–05. The reference 295A and adding Campbell, Channel Channel 238A at Jacksboro, TX, and coordinates for the Channel 287A 296A. modifies the construction permit of allotment at Comanche, Oklahoma, are d. By removing Terrell, Channel 296A Station KJKB to specify operation on 34–22–50 and 98–06–02. The reference and adding Kerens, Channel 295A. Channel 238A. In order to allot Channel coordinates for the Channel 284C1 e. By removing Channel 296C3 and 238A to Jacksboro, it substitutes allotment at Burkburnett, Texas, are 34– adding Channel 234C3 at Graham.

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f. By removing Channel 296C3 and h. By removing Channel 278C3 and FOR FURTHER INFORMATION CONTACT: adding Channel 272C3 at Coleman. adding Channel 224A at Dickson. Andrew Smoker, 907–586–7228. g. By removing Channel 296A and i. By removing Channel 246A and adding Channel 277A at Waco. adding Channel 245A at Eldorado. SUPPLEMENTARY INFORMATION: NMFS h. By removing Channel 277C3 and j. By removing Channel 284A and manages the groundfish fishery in the adding Channel 281C3 at Clifton. adding Channel 272A at Antlers. BSAI according to the Fishery Management Plan for the Groundfish i. By removing Channel 281C1 and Federal Communications Commission. Fishery of the Bering Sea and Aleutian adding Channel 245C1 at Brownwood. John A. Karousos, j. By removing Channel 246A and Islands Area under authority of the adding Channel 291A at San Saba. Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. Magnuson-Stevens Fishery k. By removing Commerce, Channel Conservation and Management Act. [FR Doc. 00–8851 Filed 4–10–00; 8:45 am] 277C3 and adding Allen, Channel 277C. Regulations governing fishing by U.S. BILLING CODE 6712±01±P l. By removing Channel 277C1 and vessels in accordance with the FMP Channel 273A and adding Channel appear at subpart H of 50 CFR part 600 272C1 and Channel 280A at Wichita and 50 CFR part 679. Falls. DEPARTMENT OF COMMERCE m. By removing Channel 272A and The amount of the interim 2000 BSAI adding Channel 276A at Vernon. National Oceanic and Atmospheric AFA catcher vessel rock sole sideboard n. By removing Channel 284C and Administration harvest limit was established as 2,921 adding Channel 284C1 at Burkburnett. metric tons (mt) in accordance with o. By removing Channel 278C3 and 50 CFR Part 679 § 679.63 (b)(1)(ii)(A) by the Emergency adding Channel 298C3 at Wellington. [Docket No. 991228352±0012±02; I.D. Interim Rule to Implement Major p. By removing Channel 237A and 040500A] Provisions of the American Fisheries adding Channel 238A at Jacksboro. Act (65 FR 4520, January 28, 2000). q. By removing Channel 238C and Fisheries of the Exclusive Economic In accordance with § 679.20(d)(1)(iv), adding Channel 246C1 at Haskell. Zone Off Alaska; Rock Sole by Catcher r. By removing Channel 246A and Vessels Using Trawl Gear in the Bering the Administrator, Alaska Region, adding Channel 255A at Snyder. Sea and Aleutian Islands NMFS (Regional Administrator), has s. By removing Channel 294C2 and determined that the sideboard harvest adding Channel 282C2 at Detroit. AGENCY: National Marine Fisheries limit of rock sole for non-exempt AFA 3. Section 73.202(b), The Table of FM Service (NMFS), National Oceanic and catcher vessels will be reached. Allotments under Oklahoma, is Atmospheric Administration (NOAA), Therefore, the Regional Administrator is amended, as follows: Commerce. establishing a directed fishing a. By removing Channel 294A and ACTION: Closure. allowance of 2,500 mt, and is setting adding Channel 296C3 at Lone Grove. aside the remaining 421 mt as bycatch SUMMARY: NMFS is closing directed b. By removing Channel 296C3 and fishing for rock sole by catcher vessels to support other anticipated groundfish adding Channel 292A at Durant. fisheries. In accordance with c. By removing Channel 276C2 and that are non-exempt under the American Fisheries Act (AFA) in the § 679.20(d)(1)(iii), the Regional adding Channel 271A at Atoka. Administrator finds that this directed d. By removing Channel 272A and Bering Sea and Aleutian Islands management area (BSAI). This action is fishing allowance will soon be reached. adding Channel 246A at Duncan. Consequently, NMFS is closing directed e. By removing Channel 246A and necessary to prevent exceeding the fishing for rock sole by non-exempt adding Channel 287A at Comanche. interim 2000 BSAI AFA catcher vessel f. By removing Channel 279C1 and sideboard amount of rock sole. AFA catcher vessels in the BSAI. adding Channel 278C at Anadarko. DATES: Effective 1200 hrs, Alaska local Maximum retainable bycatch amounts g. By removing Channel 278C1 and time (A.l.t.), April 6, 2000, until 2400 may be found in the regulations at adding Channel 248C2 at Alva. hrs, A.l.t., December 31, 2000. § 679.20(e) and (f).

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Classification sole AFA catcher vessel sideboard This action is required by § 679.20 harvest limit directed fishing allowance and is exempt from review under E.O. This action responds to the best will soon be reached. Further delay 12866. available information recently obtained would only result in exceeding the Authority: 16 U.S.C. 1801 et seq. from the fishery. It must be harvest limitation. NMFS finds for good Dated: April 5, 2000. implemented immediately in order to cause that the implementation of this George H. Darcy, prevent exceeding the interim 2000 action can not be delayed for 30 days. Acting Director, Office of Sustainable BSAI AFA catcher vessel sideboard of Accordingly, under 5 U.S.C. 553(d), a rock sole in the BSAI. A delay in the Fisheries, National Marine Fisheries Service. delay in the effective date is hereby effective date is impracticable and [FR Doc. 00–8932 Filed 4–6–00; 3:11 pm] waived. contrary to the public interest. The rock BILLING CODE 3510±22±F

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Proposed Rules Federal Register Vol. 65, No. 70

Tuesday, April 11, 2000

This section of the FEDERAL REGISTER service address within the text of their designations or statements available on contains notices to the public of the proposed comments. Comments that do not its web site not later than 24 hours after issuance of rules and regulations. The contain the full name, electronic mail the Commission receives the filing. purpose of these notices is to give interested address and postal service address of Currently, reports that are filed under persons an opportunity to participate in the the commenter will not be considered. the voluntary system of electronic filing rule making prior to the adoption of the final rules. The Commission will make every effort are posted in viewable form on the to have public comments posted on its Commission’s web site within five web site within ten business days of the minutes and detailed data are available FEDERAL ELECTION COMMISSION close of the comment period. in the Commission’s databases within FOR FURTHER INFORMATION CONTACT: Ms. 24 to 48 hours (depending on the time 11 CFR Parts 101, 102, 104, 109, 114, Rosemary Smith, Assistant General of receipt). In contrast, under the 9003, and 9033 Counsel, or Cheryl Fowle, Attorney, 999 current paper filing system, the time between receipt of a report and its [Notice 2000±7] E Street, NW, Washington, DC 20463, (202) 694–1650 or (800) 424–9530. appearance in viewable form on the Electronic Filing of Reports by Political SUPPLEMENTARY INFORMATION: On Commission’s web site is 48 hours. Committees September 29, 1999, Public Law 106–58 Additionally, while some summary data amended the Federal Election Campaign is available in the Commission’s indexes AGENCY: Federal Election Commission. Act of 1971 (‘‘the Act’’ or ‘‘FECA’’) to within 48 hours, it can take as long as ACTION: Notice of proposed rulemaking. require, inter alia, that the Commission 30 days before the detailed data filed on draft rules requiring persons who are paper is available in those databases. SUMMARY: The Federal Election required to file reports, designations or Thus, the greater the number of pages Commission is seeking comment on that are filed electronically, the greater statements with the agency to ‘‘maintain proposed rules to implement a the volume of data that is almost and file a designation, statement or mandatory electronic filing system for instantly available. Additionally, report for any calendar year in reports of campaign finance activity decreasing the volume of paper filed electronic form accessible by computers filed with the agency. Political will decrease the processing time of the if the person has, or has reason to expect committees and other persons would be reports that are filed on paper, making to have, aggregate contributions or required to file electronically when them more rapidly available in the expenditures in excess of a threshold either their total contributions or total Commission’s databases. expenditures within a calendar year amount determined by the Commission Before such a system for mandatory exceed $50,000. The Commission has * * *’’ 113 Stat. 476 (1999). The new electronic filing can be successfully had a voluntary electronic filing system law requires this system to be in place implemented, two main factors must be in place since 1996. Voluntary for reports covering periods after considered. First, what is the optimal electronic filing would still be an option December 31, 2000. threshold that maximizes the disclosure The new law also requires the for political committees and persons benefits of electronic filing yet does not Commission to amend its regulations to who do not exceed the $50,000 encumber the regulated community? add a system of administrative fines for threshold. This mandatory system is Second, what are the technical and violations of reporting requirements and designed to reflect recent changes in the formatting requirements for to require candidates and their Federal Election Campaign Act of 1971. electronically filed reports? The authorized committees to aggregate and Please note that the draft rules that Commission seeks comments on both of report data on an election cycle-to-date follow do not represent a final decision these concerns. rather than a calendar year-to-date basis. by the Commission on the issues These two topics are being addressed in Threshold presented by this rulemaking. Further two separate rulemakings. Proposed paragraph (a) of 11 CFR information is provided in the Current Commission regulations at 11 supplementary information that follows. 104.18 states that political committees CFR 104.18 invite committees to and other persons who are required to DATES: Comments must be received on voluntarily file electronically regardless file with the agency must file or before May 11, 2000. of their level of financial activity. The electronically if they have, or have ADDRESSES: All comments should be new law maintains the voluntary system reason to expect to have, aggregate addressed to Rosemary C. Smith, for political committees or persons who contributions or expenditures exceeding Assistant General Counsel, and must be do not exceed, or who do not have $50,000 in a calendar year. submitted in either written or electronic reason to expect to exceed, the The Commission proposes $50,000 as form. Written comments should be sent threshold of financial activity. the appropriate threshold for all to the Federal Election Commission, 999 The goals of the electronic filing political committees and other persons E Street, NW, Washington, DC 20463. system include more complete and because, as discussed below, data from Faxed comments should be sent to (202) rapid on-line access to reports on file the 1996 and 1998 election cycles 1 219–3923, with printed copy follow-up with the Commission, reduced paper to insure legibility. Electronic mail filing and manual processing, and more 1 Please note that the data used to calculate these comments should be sent to efficient and cost-effective methods of percentages are approximated from the [email protected]. Commenters operation for filers and for the Commission’s databases. For the purpose of determining the appropriate threshold, the sending comments by electronic mail Commission. The amendment to the following approximations were used: For should include their full name, FECA requires that the Commission authorized committees: Contributions are the total electronic mail address and postal make electronically filed reports, Continued

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Candidates and Authorized Internet web sites would be required to electronically, thereby greatly Committees provide the address of their web sites as decreasing the amount of paper Under the proposed rules, candidates part of their address on Form 1. processing by the committees and the and their authorized committees who Committees that are required to file FEC and considerably increasing the file with the agency would be required electronically, and that have electronic amount of data that would be almost to file electronically if they have, or mail addresses, would be required to immediately available. have reason to expect to have, aggregate include their electronic mail addresses Based on the 1996 and 1998 election contributions or expenditures exceeding as part of the address on Form 1. cycle data, the impact on party $50,000 in a calendar year. Please note, however, that the committees should be relatively small Data from the 1996 and 1998 election mandatory electronic filing provisions since only 36% to 41% of all party cycles show that this threshold would of Public Law 106–58 and new committees registered with the make 96% to 98% 2 of all financial paragraph (a) of 11 CFR 104.18 apply Commission during those election activity reported by House and only to those candidates and authorized cycles would have been required to file Presidential campaign committees committees who are required to file electronically. Thus, the smallest 59% almost immediately available on both reports, statements and designations to 64% of party committees could the FEC’s web site and in the agency’s with the FEC. Therefore, mandatory continue to file paper reports. on-line databases. The historical electronic filing does not apply to information shows that of the 1,837 to candidates for United States Senate C. Nonconnected Committees 2,231 authorized committees filing with because Senate candidates must file The Commission is proposing that the Commission between 1995 and with the Secretary of the Senate. Senate nonconnected committees be required 1998, 31% to 44% of the committees candidates are, however, invited to to file electronically if they have, or (599 to 982 committees) had aggregate electronically file an unofficial copy of have reason to expect to have, aggregate contributions or expenditures exceeding their reports, designations and contributions or expenditures exceeding $50,000. These authorized committees statements with the FEC for the $50,000 in a calendar year. filed 43% to 73% of the reports (2,162 purposes of faster disclosure. At the $50,000 level, in the 1996 and to 12,646 reports), and 73% to 88% Furthermore, under current 1998 election cycles, of the 840 to 933 (66,569 to 282,339 pages) of the total Commission regulations, as a condition nonconnected committees filing with number of pages filed by authorized of receiving public funding Presidential the Commission, 15% to 22% of them committees. If 73% to 88% of the total candidates are required to agree to file (128 to 202 committees) disclosed 88% number of pages filed by authorized electronically if their data is to 93% of the activity by nonconnected committees is filed electronically, the computerized. 11 CFR 9003.1(b)(11) and committees (representing approximately Commission can manually process the 9033.1(b)(13). In order for primary $29 million to $65 million of the total remaining 12% to 29% of the pages candidates to receive matching funds, $33 million to $70 million disclosed by more quickly to substantially reduce the they must raise $100,000 ($5,000 in nonconnected committees). amount of time before the information is each of 20 states). The Commission Additionally at that level, 59% to 68% available in Commission databases. proposes removing electronic filing as a (16,794 to 44,907 pages) of the total The amendments to the FECA require condition for receiving public funding number of pages filed by nonconnected that those who meet the threshold must because these federally financed committees would have been filed file ‘‘designations, statements or Presidential candidates will already electronically, causing a significant reports’’ electronically. Therefore, under have exceeded the $50,000 threshold decrease in paper processing and a the proposed regulations, any candidate and will already be filing electronically. corresponding increase in the amount of who expects to have aggregate Consequently, 11 CFR 9003.1(b)(11) and data more rapidly disclosed. contributions or expenditures exceeding 9033.1(b)(13) would be deleted. The number of nonconnected $50,000 would be required to If a $50,000 threshold is adopted, the committees affected should be relatively electronically file his or her Statement effect on candidates and authorized small since the historical data from the committees would be minimal since, 1996 and 1998 election cycles show that of individual contributions plus party contributions based on the 1996 and 1998 election only the largest 15% to 22% of the plus other committee contributions plus candidate contributions plus candidate loans; and cycle data, only the largest 30% to 40% nonconnected committees registered expenditures were considered to be operating of registered authorized committees with the Commission would have been expenditures. For unauthorized committees: would be required to file electronically. required to file electronically. Contributions consist of total receipts minus nonfederal transfers in; and expenditures are equal B. Party Committees D. Separate Segregated Funds to total disbursements minus the nonfederal share of expenditures. The Commission is proposing that The Commission is proposing that the 2 Because the data was taken over a period of two party committees be required to file separate segregated funds (SSFs) of election cycles that included a Presidential-election electronically if they have, or have corporations and labor organizations be year (1996), a midterm election year (1998) and two reason to expect to have, aggregate required to file electronically if they non-election years (1995 and 1997), the number of committees, reports and pages filed and financial contributions or expenditures exceeding have, or have reason to expect to have, figures vary—increasing in election years, $50,000 in a calendar year. aggregate contributions or expenditures descreasing in non-election years. The percentages At the $50,000 level, historical data exceeding $50,000 in a calendar year. and numbers used in this document are the high from the 1996 and 1998 election cycles At the $50,000 level, in the 1996 and and low figures of the four year span. Please note that the high or low percentage may have come show that of the 373 to 451 party 1998 election cycles, of the 2,938 to from one year and the high or low actual number committees filing with the Commission, 2,976 SSFs registered with the may have come from a different year. 36% to 41% of them (142 to 182 Commission, 22% to 28% of them (632

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All Committees requirement that persons file amount of paper filed would represent The historical data for the 1996 and electronically if they ‘‘* * * have approximately 100,000 pages of data 1998 election cycles show that if a reason to expect to have***’’ and hundreds of millions of dollars $50,000 mandatory electronic filing aggregate contributions or expenditures available almost instantly on the threshold had been in place at that time, above the threshold amount. Two tests Commission’s web site and in the hundreds of thousands of pages would that are included in the proposed rules agency’s databases. have been filed electronically, at 11 CFR 104.18(a)(3) are—(1) a The impact on SSFs should be small dramatically decreasing the amount of committee should expect to have considering that, in the 1996 and 1998 paper processed by both committees financial activity above the $50,000 election cycles, only 22% to 28% of all and the Commission. Additionally, the threshold if it exceeded this amount SSFs registered with the Commission amount of financial data that would during the comparable year of the would have been required to file have been almost instantly disclosed by previous election cycle; or (2) a electronically. Thus, the smallest 72% electronic filing would have been committee should expect to have to 78% (approximately 2,300 between $544 million and $1.2 billion. financial activity exceeding the committees) of SSFs would continue to Please note that the amendments to threshold if the committee’s aggregate have the option of filing paper reports. the FECA require that those who meet contributions or expenditures exceeded E. Other Persons the threshold must file ‘‘designations, the threshold during the previous The amendment to the FECA requires statements or reports’’ electronically. calendar year. that ‘‘a person’’ who is required to file Therefore, under the proposed Comments are sought on three other under the Act must file electronically if regulations, committees that have possible approaches that are not he or she exceeds, or has reason to reason to expect to have aggregate included in the proposed rules—(1) expect to exceed, the threshold. contributions or expenditures exceeding Should the Commission base the Therefore, in addition to the committees $50,000 would be required to expectation solely on the committee’s or discussed above, the Commission electronically file their Statements of person’s own projections during the proposes to apply the $50,000 threshold Organization (Form 1). Additionally, year? If so, at what point during the year to any other persons defined in 11 CFR under the proposed rules, all will political committees and other 110.10 who are required to file a committees that have official web sites persons be expected to make the ‘‘designation, statement or report’’ with would be required to include the projection? Should it be a one-time the Commission (e.g., individuals Internet address of their web sites as forecast at the beginning of the year or making independent expenditures in part of their address on Form 1. a rolling projection that changes as excess of $50,000, or corporations or Committees that are required to file necessary throughout the calendar year? labor organizations making electronically and that have electronic (2) Should new committees having no communications to their restricted mail addresses would be required to historical data on which to base a classes at a cost of more than $50,000). provide their electronic mail addresses projection, base their expectations of as part of the address on Form 1. Thus, under the proposed rules, these aggregate contributions and other persons would be required to file The Commission seeks comments on expenditures on historical data for thresholds both lower and higher for all electronically if they have, or have similarly situated committees in the committees and other persons. For reason to expect to have, aggregate previous election cycle; or should such example, should there be different contributions or expenditures exceeding new committees be presumed to have thresholds for different types of $50,000 in a calendar year. no reason to expect to exceed the committees? Should there be only one Data from the 1996 and 1998 election threshold until such time as they threshold but at a level different than cycles show that the between 7% and actually do so? (3) Should a committee that proposed? Should separate 19% (between 2 and 24 persons) of have reason to expect to exceed the other persons filing with the segregated funds of corporations and threshold if it raises or spends more Commission had aggregate contributions labor organizations have a lower than one quarter of the proposed yearly or aggregate expenditures exceeding threshold because their administrative threshold in the first calendar quarter, $50,000 in a calendar year. During that and solicitation costs may be paid by or if it raises or spends more than half four year period, those persons who their connected organization? the threshold in the first half of the exceeded the threshold accounted for G. Joint Fundraising Representatives calendar year? For example, should a 33% and 50% of all activity by other committee be required to file persons in the non-election years, and The Commission proposes that joint electronically if it raises $30,000 in the as high 94% of all activity by other fundraising representatives (see 11 CFR first calendar quarter on the grounds persons in the Presidential election year 102.17) be required to file electronically and 91% in the midterm election year. if they have, or have reason to expect to that it has reason to expect to exceed the The effect of the proposed rule on this have, total contributions or total $50,000 threshold within the calendar category of filer should be small because expenditures exceeding the $50,000 year? historical data show that the number of threshold. Thus, if, for example, a joint I. Cash on Hand and Outstanding Debt these other filings is very small. For fundraiser raises total contributions of example, in the 1995 and 1997 (the non- $65,000 that it divides equally between The Commission proposes that for election years), only two of 28 and 23 the three participating committees, purposes of the contribution and filers (less than 10% in each case), including itself, the joint fundraising expenditure thresholds, cash on hand or respectively, would have been required representative would be required to file debt that is outstanding at the beginning to file electronically under the proposed electronically. of the calendar year would not be

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However, the Commission’s the figures disclosed within the report do not add up to the figures reported on The statutory amendment to the Act FECFile software, which is available the detailed summary page and forms requires that persons who are required from the agency at no cost, does not currently generate all required forms. indicating the incorrect type of report. to file with the Commission must For example, the FECFile software does ‘‘maintain and file a designation, Additional Issues not currently generate FEC Forms 1 and statement or report for any calendar year 2 (Statement of Organization and A. Filing by Letter in electronic form accessible by Statement of Candidacy, respectively), computers if the person has, or has Proposed changes to the FEC Form 3P for Presidential Commission’s regulations would require reason to expect to have, aggregate candidates, FEC Form 4 for Convention contributions or expenditures in excess that some statements required by the and Host Committees to report their Act that can currently be filed by letter of a threshold amount determined by receipts and disbursements, FEC Form 5 the Commission * * *’’ 113 Stat. 476 must be electronically filed using the for persons other than political proper FEC form when the threshold (1999). The Commission seeks committees reporting independent comments on whether the threshold has been exceeded or is expected to be expenditures, or FEC Form 7 for exceeded. The statements that would be should be calculated on a ‘‘per election reporting corporate and labor cycle basis’’ rather than on the proposed affected are: (1) The Statement of organization communications to their Candidacy, FEC Form 2 (11 CFR ‘‘per calendar year’’ basis. If so, should restricted classes. The Commission 101.1(a)); (2) Amendments to the an election cycle threshold be used for plans to update the FECFile software to Statement of Organization, FEC Form 1 authorized committees only or for all generate FEC Forms 1 and 2 by January (11 CFR 102.2(a)(2)); (3) Individuals committees and other persons? Please 1, 2001, and anticipates that FECFile reporting independent expenditures,3 note that for House candidates, the will generate FEC Forms 3P, 4, 5 and 7 FEC Form 5 (11 CFR 109.2); and (4) election cycle will generally cover in the near future. Qualified Nonprofit Corporations approximately two years, while it may The Commission seeks comments as reporting independent expenditures,4 extend to over four years for to whether those committees filing FEC Form 5 (11 CFR 109.2 and Presidential candidates. See 11 CFR comments on this rulemaking currently 114.10(e)). The Commission proposes 100.3(b). use a computer to maintain records, adding language to clarify that only The proposed amendments to 11 CFR prepare reports, and/or file reports. In those committees and other persons 104.18 would not require persons to particular, would the filing threshold who are not required to file electronically refile any reports, established by the proposed rules electronically under the proposed statements or designations that were necessitate the purchase of computer regulations may file these statements by properly filed on paper earlier in the hardware? letter. Currently, FEC Forms 1, 2 and 5 calendar year or earlier in the election B. Formatting and Standardization are not available on FECFile software. cycle. For example, if an authorized Requirements But see ‘‘Technical Issues,’’ above. The committee files its April quarterly report Commission requests comments on this on paper because it has not exceeded The Commission proposes to proposed change. maintain the standardization and does not expect to exceed the B. Non-filers appropriate threshold and, if in June it requirements that are present in the exceeds the $50,000 threshold, the current voluntary electronic filing The statute makes electronic filing committee would have to electronically system. When the voluntary electronic mandatory for those persons who file its July quarterly report, but would filing system was designed, the exceed or who expect to exceed the not be expected to go back and Commission created ‘‘The Federal threshold set by the Commission. electronically refile the April report. Election Commission’s Electronic Filing Consequently, political committees and Specifications Requirements’’ (EFSR) other persons who are required to file In the current voluntary electronic document and invited comment on that electronically, but who fail to do so, filing regulations at 11 CFR 104.18(a), document at that time. The EFSR is may be subject to the Commission’s electronic filers are required to continue available at no charge on the enforcement process for non-filers and filing electronically for the remainder of Commission’s web site. The may have their names published as non- the calendar year unless the Commission is currently updating the filers. This includes those who are Commission determines that an EFSR and intends to use specifications required to file electronically but who extraordinary and unforeseen embodied in the updated EFSR for this file paper reports instead. Additionally, circumstance makes electronic filing mandatory electronic filing program. in 1999, Congress amended 2 U.S.C. impracticable. The Commission seeks The Commission again requests 437g(a)(4) and (6)(A) to authorize the comment on whether a similar comment on the EFSR from software Commission to impose an provision allowing a committee or other vendors and other interested parties administrative fine on late and non- person to stop filing electronically based on their experience with the within the calendar year due to voluntary electronic filing system. 3 Note that, under 11 CFR 104.4(c) and 105.4, extraordinary and unforeseen Commenters should submit their independent expenditures in favor or opposing candidates for the U.S. Senate must be filed with circumstances should be included in the comments on the EFSR in the manner the Secretary of the Senate and, therefore, would proposed rules for mandatory electronic requested in the ADDRESSES section of not be subject to this proposed regulation. filers. this notice. Technical comments on the 4 Ibid.

VerDate 202000 20:09 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\11APP1.SGM pfrm01 PsN: 11APP1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19343 filers pursuant to a fine schedule. The 11 CFR Part 9003 § 102.2 Statement of organization: Forms Commission is in the process of and committee identification number (2 developing a new program to implement Campaign funds, Reporting and U.S.C. 433(b), (c)). the amendment. recordkeeping requirements. (a)(1) * * * (vi) A listing of all banks, safe deposit 11 CFR Part 9033 C. Comments From Other Federal, State boxes, or other depositories used by the and Local Jurisdictions Campaign funds, Reporting and committee; Finally, the Commission is interested recordkeeping requirements. (vii) The Internet address of the in the experience of other Federal, state committee’s official web site, if such a For the reasons set out in the web site exists. If the committee is and local jurisdictions that have preamble, subchapters A, E and F of implemented a financial threshold required to file electronically under 11 chapter I of title 11 of the Code of CFR 104.18, its electronic mail address, based mandatory electronic filing Federal Regulations would be amended program. What issues were considered if such an address exists. as follows: (2) Any change or correction in the in setting the threshold amounts? What information previously filed in the were the potential and real barriers to PART 101ÐCANDIDATE STATUS AND Statement of Organization shall be the committees affected? DESIGNATIONS (2 U.S.C. 432(e)) reported no later than 10 days following D. Conclusion the date of the change or correction by 1.The authority citation for part 101 filing an amended Statement of would be revised to read as follows: The Commission welcomes comments Organization or, if the political on any other issues raised by the new Authority: 2 U.S.C. 432(e), 434(a)(11), committee is not required to file statutory requirements regarding 438(a)(f). electronically under 11 CFR 104.18, by mandatory electronic filing. 2. Section 101.1 would be amended filing a letter noting the change(s). The Certification of No Effect Pursuant to 5 by revising paragraph (a) to read as amendment need list only the name of U.S.C. 605(b) (Regulatory Flexibility follows: the political committee and the change Act) or correction. § 101.1 Candidate designations (2 U.S.C. * * * * * These proposed rules if promulgated, 432(e)(1)). will not have a significant economic PART 104ÐREPORTS BY POLITICAL (a) Principal campaign committee. impact on a substantial number of small COMMITTEES (2 U.S.C. 434) entities. The basis of this certification is Within 15 days after becoming a that the Commission’s proposed candidate under 11 CFR 100.3, each 5. The authority citation for part 104 thresholds are set at a sufficiently high candidate, other than a nominee for the would be revised to read as follows: level that most, if not all, small political office of Vice President, shall designate Authority: 2 U.S.C. 431, 434, 438(a)(8) and committees would not be required to in writing a principal campaign (b) and 439a. file electronically, although they could committee in accordance with 11 CFR 102.12. A candidate shall designate his 6. Section 104.18 would be revised to continue to do so voluntarily. In the read as follows: event any small committees do exceed or her principal campaign committee by the proposed threshold, the economic filing a Statement of Candidacy on FEC § 104.18 Electronic filing of reports (2 impact would not be significant because Form 2, or, if the candidate is not U.S.C. 432(d) and 434(a)(11)). the committees may obtain the FECFile required to file electronically under 11 (a) Mandatory. (1) Political software from the Commission at no CFR 104.18, by filing a letter containing committees and other persons required cost, and the Commission anticipates the same information (that is, the to file reports with the Commission, as this software will generate all required individual’s name and address, party provided in 11 CFR parts 105 and 107, forms. affiliation and office sought, the District must file reports in an electronic format and State in which Federal office is List of Subjects that meets the requirements of this sought, and the name and address of his section if — 11 CFR Part 101 or her principal campaign committee) at (i) The political committee or other the place of filing specified at 11 CFR person has received contributions or has Political candidates, Reporting and part 105. Each principal campaign reason to expect to receive contributions recordkeeping requirements. committee shall register, designate a aggregating in excess of $50,000 in any 11 CFR Part 102 depository and report in accordance calendar year; or (ii)The political with 11 CFR parts 102, 103 and 104. committee or other person has made Political committees and parties, * * * * * expenditures or has reason to expect to Reporting and recordkeeping make expenditures aggregating in excess requirements. PART 102ÐREGISTRATION, of $50,000 in any calendar year. 11 CFR Part 104 ORGANIZATION AND (2) Once any political committee or RECORDKEEPING BY POLITICAL other person described in paragraph Campaign funds, Political committees COMMITTEES (2 U.S.C. 433). (a)(1) of this section exceeds or has and parties, Reporting and reason to expect to exceed the recordkeeping requirements. 3. The authority citation for part 102 appropriate threshold, the political 11 CFR Part 109 would be revised to read as follows: committee or person must file Authority: 2 U.S.C. 432, 433, 434(a)(11), electronically all subsequent reports Elections, Reporting and 438(a)(8), 441d. covering financial activity for the recordkeeping requirements. remainder of the calendar year. All 11 CFR Part 114 4. Section 102.2 would be amended electronically filed reports must pass by revising paragraphs (a)(1)(vi) and the Commission’s validation program in Business and industry, Elections, (a)(2), and adding (a)(1)(vii) to read as accordance with paragraph (e) of this Labor. follows: section.

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(3) A political committee or other by the Commission and will not be together with the electronic media person has reason to expect to receive considered filed. If a political committee containing the report. aggregate contributions or to make or other person submits a report that (i) Preservation of reports. For any aggregate expenditures over the does not pass the validation program, report filed in electronic format under threshold amount in paragraph (a)(1) of the Commission will notify the political this section, the treasurer or other this section if its aggregate contributions committee or other person that the person required to file any report under or aggregate expenditures exceeded the report has not been accepted. the Act shall retain a machine-readable threshold in the comparable year in the (f) Amended reports. If a political copy of the report as the copy preserved previous election cycle, or its aggregate committee or other person files an under 11 CFR 104.14(b)(2). In addition, contributions or aggregate expenditures amendment to a report that was filed the treasurer or other person required to exceeded the threshold in the previous electronically, the political committee file any report under the Act shall retain calendar year. or other person shall also submit the the original signed version of any (b) Voluntary. A political committee amendment in an electronic format. The documents submitted in a digitized or other person who files reports with political committee or other person format under paragraphs (g) and (h) of the Commission, as provided in 11 CFR shall submit a complete version of the this section. Part 105, and who is not required to file report as amended, rather than just electronically under paragraph (a) of those portions of the report that are PART 109ÐINDEPENDENT this section, may choose to file its being amended. In addition, the EXPENDITURES (2 U.S.C. 431(17), reports in an electronic format that amended report shall contain electronic 434(c)) meets the requirements of this section. flags or markings that point to the If a political committee or other person 7. The authority for part 109 would be portions of the report that are being revised to read as follows: chooses to file its reports electronically, amended. all electronically filed reports must pass (g) Signature requirements. The Authority: 2 U.S.C. 431(17), 434(a)(11) and (c), 438(a)(8), 441d. the Commission’s validation program in political committee’s treasurer, or any accordance with paragraph (e) of this other person having the responsibility to 8. Section 109.2 would be amended section. The committee or other person file a designation, report or statement by revising the introductory text of must continue to file in an electronic under this subchapter, shall verify the paragraph (a) to read as follows: format all reports covering financial report in one of the following ways: by activity for that calendar year, unless § 109.2 Reporting of independent submitting a signed certification on the Commission determines that expenditures by persons other than a paper that is submitted with the extraordinary and unforeseeable political committee (2 U.S.C. 434(c)). computerized media; or by submitting a circumstances have made it (a) Every person other than a political digitized copy of the signed certification impracticable for the political committee, who makes independent as a separate file in the electronic committee or other person to continue expenditures aggregating in excess of submission. Each verification submitted filing electronically. $250 during a calendar year shall file a (c) Definition. For purposes of this under this section shall certify that the report on FEC Form 5 or, if the person section, report means any statement, treasurer or other signatory has is not required to file electronically designation or report filed with the examined the report or statement and, to under 11 CFR 104.18, a signed Commission. the best of the signatory’s knowledge statement with the Commission or (d) Format specifications. Reports and belief, it is true, correct and Secretary of the Senate in accordance filed electronically shall conform to the complete. Any verification under this with 11 CFR 104.4(c). section shall be treated for all purposes technical specifications described in the * * * * * Federal Election Commission’s (including penalties for perjury) in the Electronic Filing Specifications same manner as a verification by PART 114ÐCORPORATE AND LABOR Requirements. The data contained in the signature on a report submitted in a ORGANIZATION ACTIVITY computerized magnetic media provided paper format. to the Commission shall be organized in (h) Schedules and forms with special 9. The authority citation for part 114 the order specified by the Electronic requirements. The following list of would be revised to read as follows: Filing Specifications Requirements. schedules, materials, and forms have Authority: 2 U.S.C. 431(8)(B), 431(9)(B), (e) Acceptance of reports filed in special signature and other 432, 434(a)(11), 437d(a)(8), 438(a)(8) and electronic format; validation program. requirements and reports containing 441b. (1) Each political committee or other these documents shall include, in 10. Section 114.10 would be amended person who submits an electronic report addition to providing the required data by revising paragraph (e)(1)(ii) to read as shall check the report against the within the electronic report, either a follows: Commission’s validation program before paper copy submitted with the political it is submitted, to ensure that the files committee’s or other person’s electronic § 114.10 Nonprofit corporations exempt submitted meet the Commission’s report or a digitized version submitted from the prohibition on independent format specifications and can be read by as a separate file in the electronic expenditures. the Commission’s computer system. submission: Schedule C–1 (Loans and * * * * * Each report submitted in an electronic Lines of Credit From Lending (e) * * * format under this section shall also be Institutions), including copies of loan (1) * * * checked upon receipt against the agreements required to be filed with that (ii) This certification may be made Commission’s validation program. The Schedule, Schedule E (Itemized either as part of filing FEC Form 5 Commission’s validation program and Independent Expenditures), Form 5 (independent expenditure form) or, if the Electronic Filing Specification (Report of Independent Expenditures the corporation is not required to file Requirement are available on request Made and Contributions Received), and electronically under 11 CFR 104.18, by and at no charge. Form 8 (Debt Settlement Plan). The submitting a letter in lieu of the form. (2) A report that does not pass the political committee or other person The letter shall contain the name and validation program will not be accepted shall submit any paper materials address of the corporation and the

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The actions specified by the proposed acknowledge receipt of their comments * * * * * AD are intended to prevent an submitted in response to this notice inoperative backup flight idle stop must submit a self-addressed, stamped PART 9003ÐELIGIBILITY FOR system. postcard on which the following PAYMENTS DATES: Comments must be received by statement is made: ‘‘Comments to May 11, 2000. Docket Number 2000–NM–66–AD.’’ The 11. The authority citation for part postcard will be date stamped and 9003 would continue to read as follows: ADDRESSES: Submit comments in triplicate to the Federal Aviation returned to the commenter. Authority: 26 U.S.C. 9003 and 9009(b). Administration (FAA), Transport Availability of NPRMs § 9003.1 [Amended] Airplane Directorate, ANM–114, Any person may obtain a copy of this Attention: Rules Docket No. 2000–NM– NPRM by submitting a request to the 12. Section 9003.1 would be amended 66–AD, 1601 Lind Avenue, SW., by removing paragraph (b)(11). FAA, Transport Airplane Directorate, Renton, Washington 98055–4056. ANM–114, Attention: Rules Docket No. Comments may be inspected at this PART 9033ÐELIGIBILITY FOR 2000–NM–66–AD, 1601 Lind Avenue, location between 9:00 a.m. and 3:00 PAYMENTS SW., Renton, Washington 98055–4056. p.m., Monday through Friday, except 13. The authority citation for part Federal holidays. Discussion 9033 would continue to read as follows: The service information referenced in On August 12, 1992, the FAA issued the proposed rule may be obtained from Authority: 26 U.S.C. 9033 and 9039(b). AD 92–16–51, amendment 39–8355 (57 Empresa Brasileira de Aeronautica S.A. FR 40838, September 8, 1992), § 9033.1 [Amended] (EMBRAER), P.O. Box 343—CEP 12.225, applicable to all EMBRAER Model 14. Section 9033.1 would be amended Sao Jose dos Campos—SP, Brazil. This EMB–120 series airplanes, to require by removing paragraph (b)(13). information may be examined at the repetitive visual checks or inspections FAA, Transport Airplane Directorate, Dated: April 5, 2000. to verify that the flight idle stop system 1601 Lind Avenue, SW., Renton, circuit breakers are closed, and Darryl R. Wold, Washington; or at the FAA, Small Chairman, Federal Election Commission. functional tests to determine if the Airplane Directorate, Atlanta Aircraft backup flight idle stop system is [FR Doc. 00–8884 Filed 4–10–00; 8:45 am] Certification Office, One Crown Center, operative. That action was prompted by BILLING CODE 6715±01±U 1895 Phoenix Boulevard, suite 450, a report of an overspeed condition that Atlanta, Georgia. occurred on both engines of one FOR FURTHER INFORMATION CONTACT: airplane during flight; both of the circuit DEPARTMENT OF TRANSPORTATION Linda Haynes, Aerospace Engineer, breakers in the backup flight idle stop Propulsion Branch, ACE–117A, FAA, system circuit were open, which may Federal Aviation Administration Small Airplane Directorate, Atlanta have contributed to this condition. The Aircraft Certification Office, One Crown requirements of that AD are intended to 14 CFR Part 39 Center, 1895 Phoenix Boulevard, suite prevent an inoperative backup flight [Docket No. 2000±NM±66±AD] 450, Atlanta, Georgia 30349; telephone idle stop system and potential engine (770) 703–6091; fax (770) 703–6097. RIN 2120±AA64 failure. SUPPLEMENTARY INFORMATION: Related Rulemaking Airworthiness Directives; Empresa Comments Invited Brasileira de Aeronautica S.A. A related AD [AD 90–17–12, (EMBRAER) Model EMB±120 Series Interested persons are invited to amendment 39–6696 (55 FR 33107, Airplanes participate in the making of the August 14, 1990)], applicable to certain proposed rule by submitting such EMBRAER Model EMB–120 series AGENCY: Federal Aviation written data, views, or arguments as airplanes, was issued to require Administration, DOT. they may desire. Communications shall installation of an electromechanical ACTION: Notice of proposed rulemaking identify the Rules Docket number and lockout device to prevent movement of (NPRM). be submitted in triplicate to the address the power control levers below the flight specified above. All communications idle position while the airplane is in SUMMARY: This document proposes the received on or before the closing date flight. Operators should note that supersedure of an existing airworthiness for comments, specified above, will be issuance of this proposed AD would not directive (AD), applicable to all considered before taking action on the remove or alter the requirements of AD EMBRAER Model EMB–120 series proposed rule. The proposals contained 90–17–12. airplanes, that currently requires in this notice may be changed in light repetitive visual checks or inspections of the comments received. Actions Since Issuance of AD 92–16–51 to verify that the flight idle stop system Comments are specifically invited on In the preamble to AD 92–16–51, the circuit breakers are closed, and the overall regulatory, economic, FAA indicated that the actions required repetitive functional tests to determine environmental, and energy aspects of by that AD were considered ‘‘interim if the backup flight idle stop system is the proposed rule. All comments action’’ and that further rulemaking operative. This action would require submitted will be available, both before action was being considered. modification of the secondary flight idle and after the closing date for comments, Additionally, since issuance of AD 92– stop system, which would terminate the in the Rules Docket for examination by 16–51, the Departmento de Aviacao repetitive actions. This proposal also interested persons. A report Civil (DAC), which is the airworthiness

VerDate 202000 15:58 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\11APP1.SGM pfrm06 PsN: 11APP1 19346 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules authority for Brazil, has advised the breakers, and lighted indicators with develop on other airplanes of the same FAA that the reliability of the secondary new, improved parts; installing a type design registered in the United flight idle stop system (SFISS) has been terminal board, resistors, wiring, and States, the proposed AD would low, and that the SFISS has been shown relays; and changing the power sources. supersede AD 92–16–51 to continue to to be vulnerable to certain maintenance- Service Bulletin 120–76–0022, dated require repetitive visual checks or originated failure modes. The September 9, 1999, describes inspections to verify that the flight idle manufacturer has developed a procedures for replacing the solenoid stop system circuit breakers are closed, modification that adequately addresses assemblies and the power control and repetitive functional tests to the unsafe condition identified by this bellcrank with new parts; reidentifying determine if the backup flight idle stop AD, and the FAA has determined that the solenoid assemblies; and installing system is operative. This proposed AD further rulemaking action is indeed two new cover/clamp-supports. would require modification of the necessary; this proposed AD follows Accomplishment of the actions SFISS, which would terminate the from that determination. specified in the service bulletins is requirements for the repetitive actions. The actions specified by the proposed intended to adequately address the The actions of the proposed AD would AD are intended to increase the SFISS identified unsafe condition. The DAC be required to be accomplished in reliability and add a failure classified these service bulletins as accordance with the service bulletins annunciation. These actions are mandatory and issued Brazilian described previously. intended to prevent an inoperative airworthiness directive 90–07–04R4, Revised Applicability backup flight idle stop system, and will dated October 4, 1999, in order to assure terminate the requirements of AD 92– the continued airworthiness of these This proposed AD would revise the 16–51. airplanes in Brazil. applicability of AD 92–16–51 to remove airplanes on which an equivalent Explanation of Relevant Service FAA’s Conclusions modification, which adequately Information This airplane model is manufactured addresses the identified unsafe EMBRAER has issued three service in Brazil and is type certificated for condition, is installed during bulletins that affect different groups of operation in the United States under the production. airplanes and describe procedures for provisions of section 21.29 of the Cost Impact modification of the SFISS for EMBRAER Federal Aviation Regulations (14 CFR Model EMB–120 series airplanes. 21.29) and the applicable bilateral There are approximately 230 Service Bulletin 120–76–0015, airworthiness agreement. Pursuant to airplanes of U.S. registry that would be Change No. 05, dated September 9, this bilateral airworthiness agreement, affected by this proposed AD. 1999, describes procedures for replacing the DAC has kept the FAA informed of The actions that are currently the single-coil solenoid, the back-lighted the situation described above. The FAA required by AD 92–16–51 take cockpit indicators, and the resistor has examined the findings of the DAC, approximately 5 work hours per dimmer with new parts; installing two reviewed all available information, and airplane to accomplish, at an average new relays in the SFISS; and replacing determined that AD action is necessary labor rate of $60 per work hour. Based the existing solenoid assembly for products of this type design that are on these figures, the cost impact of the (comprising a solenoid and stop certificated for operation in the United currently required actions on U.S. mechanism) and power control States. operators is estimated to be $69,000, or bellcrank with new parts. $300 per airplane, per inspection cycle. Service Bulletin 120–76–0018, Explanation of Requirements of The approximate cost, at an average Change No. 01, dated September 9, Proposed Rule labor rate of $60 per work hour, for the 1999, describes procedures for replacing Since an unsafe condition has been modifications proposed by this AD are the solenoid assemblies, certain circuit identified that is likely to exist or listed below.

Cost per Service Bulletin Work hours Parts cost airplane

120±76±0015: Part I ...... 4 $4,376 $4,616 Part II ...... 2 14,331 14,451 120±76±0018 ...... 50 20,000Ð(varies with 23,000 config.) 120±76±022: Part I ...... 2 14,150 14,270 Part II ...... 2 2,429 2,549 Part III ...... 2 14,229 14,349

Therefore, based on these figures, the would accomplish those actions in the various levels of government. Therefore, cost impact of the modification future if this AD were not adopted. it is determined that this proposal proposed by this AD on U.S. operators would not have federalism implications Regulatory Impact is estimated to range from $2,549 to under Executive Order 13132. $23,000 per airplane. The regulations proposed herein For the reasons discussed above, I The cost impact figures discussed would not have a substantial direct certify that this proposed regulation (1) above are based on assumptions that no effect on the States, on the relationship is not a ‘‘significant regulatory action’’ operator has yet accomplished any of between the national Government and under Executive Order 12866; (2) is not the current or proposed requirements of the States, or on the distribution of a ‘‘significant rule’’ under the DOT this AD action, and that no operator power and responsibilities among the Regulatory Policies and Procedures (44

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FR 11034, February 26, 1979); and (3) if thereafter prior to the first flight of each day raised. Verify that the power lever for each promulgated, will not have a significant until the requirements of paragraph (d) of engine can be moved below the flight idle economic impact, positive or negative, this AD have been accomplished, accomplish position. on a substantial number of small entities paragraph (a)(1) or (a)(2) of this AD, as (7) If either or both power levers cannot be applicable: under the criteria of the Regulatory moved below the flight idle position, prior to (1) For airplanes on which an inspection further flight, inspect the backup flight idle Flexibility Act. A copy of the draft window has been installed on the left lateral stop system and the flight idle gate system, regulatory evaluation prepared for this console panel that permits visibility of the and accomplish either paragraph (c)(7)(i) or action is contained in the Rules Docket. flight idle stop solenoid circuit breakers: (c)(7)(ii) of this AD, as applicable: A copy of it may be obtained by Using an appropriate light source, perform a (i) If the backup flight idle stop system is contacting the Rules Docket at the visual check to verify that both ‘‘FLT IDLE failing to disengage with weight-on-wheels, location provided under the caption STOP SOL’’ circuit breakers CB0582 and prior to further flight, restore the system to CB0583 for engine 1 and engine 2 are closed. ADDRESSES. the configuration specified in EMBRAER Note 2: This check may be performed by Service Bulletin 120–076–0009, Change No. List of Subjects 14 CFR Part 39 a flight crew member. 4, dated November 1, 1990. Air transportation, Aircraft, Aviation Note 3: Instructions for installation of an (ii) If the flight idle gate system is failing safety, Safety. inspection window can be found in to open even though the trigger is raised, EMBRAER Information Bulletin 120–076– prior to further flight, repair in accordance The Proposed Amendment 0003, dated November 19, 1991; or with the EMBRAER Model EMB–120 Accordingly, pursuant to the EMBRAER Service Bulletin 120–076–0014, maintenance manual. dated July 29, 1992. (8) Turn the power select switch off. The authority delegated to me by the functional test is completed. Administrator, the Federal Aviation (2) For airplanes on which an inspection Administration proposes to amend part window has not been installed on the left New Requirements of This AD: lateral console panel: Perform a visual 39 of the Federal Aviation Regulations (d) Within 18 months after the effective inspection to verify that both ‘‘FLT IDLE date of this AD, modify the secondary flight (14 CFR part 39) as follows: STOP SOL’’ circuit breakers CB0582 and CB0583 for engine 1 and engine 2 are closed. idle stop system (SFISS), as specified by PART 39ÐAIRWORTHINESS (b) As a result of the check or inspection paragraph (d)(1), (d)(2), or (d)(3), as DIRECTIVES performed in accordance with paragraph (a) applicable, of this AD. Accomplishment of the modification constitutes terminating 1. The authority citation for part 39 of this AD: If circuit breakers CB0582 and CB0583 are not closed, prior to further flight, action for the requirements of this AD. continues to read as follows: reset them and perform the functional test (1) For airplane serial number 120068: Authority: 49 U.S.C. 106(g), 40113, 44701. specified in paragraph (c) of this AD. Modify the SFISS in accordance with Parts (c) Within 5 days after September 23, 1992, I and II of EMBRAER Service Bulletin 120– § 39.13 [Amended] and thereafter at intervals not to exceed 75 76–0015, Change No. 05, dated September 9, 2. Section 39.13 is amended by hours time-in-service, or immediately 1999. removing amendment 39–8355 (57 FR following any maintenance action where the (2) For airplanes having serial numbers 40838, September 8, 1992), and by power levers are moved with the airplane on 120004 through 120067 inclusive and 120069 through 120344 inclusive, on which the adding a new airworthiness directive jacks, until the requirements of paragraph (d) of this AD have been accomplished, conduct actions specified by the original issue of (AD), to read as follows: a functional test of the backup flight idle stop EMBRAER Service Bulletin 120–76–0018, EMPRESA BRASILEIRA DE system for engine 1 and engine 2 by dated September 17, 1998, have not been AERONAUTICA S.A. (EMBRAER): performing the following steps: accomplished: Modify the SFISS in Docket 2000–NM–66–AD. Supersedes (1) Move both power levers to the ‘‘MAX’’ accordance with EMBRAER Service Bulletin AD 92–16–51, Amendment 39–8355. position. 120–76–0018, Change No. 01, dated Applicability: Model EMB–120 series (2) Turn the aircraft power select switch September 9, 1999. airplanes, certificated in any category; serial on. (3) For airplanes having serial numbers numbers 120004 through 120354 inclusive. (3) Open both ‘‘AIR/GROUND SYSTEM’’ 120345 through 120354 inclusive; and for circuit breakers CB0283 and CB0286 to Note 1: This AD applies to each airplane airplanes having serial numbers 120004 simulate in-flight conditions with weight-off- identified in the preceding applicability through 120345 inclusive, on which the wheels. Wait for at least 15 seconds, then provision, regardless of whether it has been actions specified by the original issue of move both power levers back toward the modified, altered, or repaired in the area EMBRAER Service Bulletin 120–76–0018, propeller reverse position with the flight idle subject to the requirements of this AD. For dated September 17, 1998, have been gate triggers raised. Verify that the power airplanes that have been modified, altered, or incorporated: Modify the SFISS in repaired so that the performance of the lever for each engine cannot be moved below accordance with Part I, II, or III, as requirements of this AD is affected, the the flight idle position, even though the flight applicable, of EMBRAER Service Bulletin owner/operator must request approval for an idle gate trigger on each power lever is 120–76–0022, dated September 9, 1999. alternative method of compliance in raised. Note 5: Accomplishment of the accordance with paragraph (e)(1) of this AD. (4) If the power lever can be moved below requirements of paragraph (d) of this AD does The request should include an assessment of the flight idle position, prior to further flight, not remove or otherwise alter the the effect of the modification, alteration, or restore the backup flight idle stop system to requirement to perform the repetitive (400- repair on the unsafe condition addressed by the configuration specified in EMBRAER flight-hour) CAT 8 task checks specified by this AD; and, if the unsafe condition has not Service Bulletin 120–076–0009, Change No. the Maintenance Review Board (MRB). been eliminated, the request should include 4, dated November 1, 1990, and perform a specific proposed actions to address it. functional test. Alternative Methods of Compliance Compliance: Required as indicated, unless Note 4: If the power lever can be moved (e)(1) An alternative method of compliance accomplished previously. below flight idle, this indicates that the or adjustment of the compliance time that To prevent an inoperative backup flight backup flight idle stop system is inoperative. provides an acceptable level of safety may be idle stop system, accomplish the following: (5) Move both power levers to the ‘‘MAX’’ used if approved by the Manager, Atlanta position. Aircraft Certification Office (ACO), FAA, Restatement of Certain Requirements of AD (6) Close both ‘‘AIR/GROUND SYSTEM’’ Small Airplane Directorate. Operators shall 92–16–51: circuit breakers CB0283 and CB0286. Wait submit their requests through an appropriate (a) For all airplanes: Within 5 days after for at least 15 seconds, then move both power FAA Principal Maintenance Inspector, who September 23, 1992 (the effective date of AD levers back toward the propeller reverse may add comments and then send it to the 92–16–51, amendment 39–8355), and position with the flight idle gate triggers Manager, Atlanta ACO.

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(2) Alternative methods of compliance, ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, approved previously for paragraphs (a), (b), triplicate to the Federal Aviation ANM–114, Attention: Rules Docket No. and (c) of AD 92–16–51, are considered to be Administration (FAA), Transport 2000–NM–64–AD, 1601 Lind Avenue, approved as alternative methods of Airplane Directorate, ANM–114, SW., Renton, Washington 98055–4056. compliance with the inspection requirements of paragraphs (a), (b), and (c) of this AD. No Attention: Rules Docket No. 2000–NM– Discussion alternative methods of compliance have been 64–AD, 1601 Lind Avenue, SW., ´ ´ approved in accordance with AD 92–16–51 Renton, Washington 98055–4056. The Direction Generale de l’Aviation as terminating action for this AD. Comments may be inspected at this Civile (DGAC), which is the Note 6: Information concerning the location between 9:00 a.m. and 3:00 airworthiness authority for France, existence of approved alternative methods of p.m., Monday through Friday, except notified the FAA that an unsafe compliance with this AD, if any, may be Federal holidays. condition may exist on certain Airbus obtained from the Atlanta ACO. The service information referenced in Model A330 and A340 series airplanes. The DGAC advises that it has received Special Flight Permits the proposed rule may be obtained from Airbus Industrie, 1 Rond Point Maurice a report of a broken piston rod of an (f) Special flight permits may be issued in Bellonte, 31707 Blagnac Cedex, France. elevator servo-control. The failure has accordance with sections 21.197 and 21.199 This information may be examined at been attributed to the degradation of the of the Federal Aviation Regulations (14 CFR Teflon liner from the eye-end spherical 21.197 and 21.199) to operate the airplane to the FAA, Transport Airplane a location where the requirements of this AD Directorate, 1601 Lind Avenue, SW., bearing of the piston rod. This can be accomplished. Renton, Washington. condition, if not corrected, could result in failure of the elevator servo-control. Note 7: The subject of this AD is addressed FOR FURTHER INFORMATION CONTACT: in Brazilian airworthiness directive 90–07– Norman B. Martenson, Manager, Explanation of Relevant Service 04R4, dated October 4, 1999. International Branch, ANM–116, FAA, Information Issued in Renton, Washington, on April 5, Transport Airplane Directorate, 1601 Airbus has issued Service Bulletins 2000. Lind Avenue, SW., Renton, Washington A330–27–3062 (for Model A330 series Donald L. Riggin, 98055–4056; telephone (425) 227–2110; airplanes) and A340–27–4072 (for Acting Manager, Transport Airplane fax (425) 227–1149. Model A340 series airplanes), both Directorate, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: Revision 01, dated July 21, 1999. These [FR Doc. 00–8993 Filed 4–10–00; 8:45 am] Comments Invited service bulletins describe procedures for BILLING CODE 4910±13±U repetitive inspections to check the play Interested persons are invited to of the piston rod eye-end of the elevator participate in the making of the servo-controls. Corrective actions for DEPARTMENT OF TRANSPORTATION proposed rule by submitting such small amounts of play involve replacing written data, views, or arguments as the rod eye-end with a new SARMA or Federal Aviation Administration they may desire. Communications shall NMB rod eye-end. Corrective actions for identify the Rules Docket number and greater amounts of play involve 14 CFR Part 39 be submitted in triplicate to the address performing a dye penetrant inspection [Docket No. 2000±NM±64±AD] specified above. All communications of the servo-control to detect cracking, received on or before the closing date RIN 2120±AA64 and replacing the rod eye-end of a for comments, specified above, will be crack-free servo-control with a new considered before taking action on the Airworthiness Directives; Airbus Model SARMA or NMB rod eye-end or proposed rule. The proposals contained A330 and A340 Series Airplanes replacing a cracked servo-control with a in this notice may be changed in light new servo-control. AGENCY: Federal Aviation of the comments received. The DGAC classified these service Administration, DOT. Comments are specifically invited on bulletins as mandatory and issued ACTION: Notice of proposed rulemaking the overall regulatory, economic, French airworthiness directives 2000– (NPRM). environmental, and energy aspects of 025–109(B) R1 (for Model A330 series the proposed rule. All comments airplanes) and 2000–024–135(B) R1 (for SUMMARY: This document proposes the submitted will be available, both before Model A340 series airplanes), both adoption of a new airworthiness and after the closing date for comments, dated March 8, 2000, in order to ensure directive (AD) that is applicable to in the Rules Docket for examination by the continued airworthiness of these certain Airbus Model A330 and A340 interested persons. A report airplanes in France. series airplanes. This proposal would summarizing each FAA-public contact The Airbus service bulletins refer to require repetitive inspections to check concerned with the substance of this SAMM Service Bulletin SC4800–27–34– the play of the eye-end of the piston rod proposal will be filed in the Rules 06, dated January 2, 1999, as an of the elevator servo-controls, and Docket. additional source of service information follow-on corrective actions, if Commenters wishing the FAA to for accomplishment of the dye penetrant necessary. This proposal is prompted by acknowledge receipt of their comments inspection. issuance of mandatory continuing submitted in response to this notice airworthiness information by a foreign must submit a self-addressed, stamped FAA’s Conclusions civil airworthiness authority. The postcard on which the following These airplane models are actions specified by the proposed AD statement is made: ‘‘Comments to manufactured in France and are type are intended to detect and correct Docket Number 2000–NM–64–AD.’’ The certificated for operation in the United excessive play of the eye-end of the postcard will be date stamped and States under the provisions of section piston rod of the elevator servo-controls, returned to the commenter. 21.29 of the Federal Aviation which could result in failure of the Regulations (14 CFR 21.29) and the elevator servo-control. Availability of NPRMs applicable bilateral airworthiness DATES: Comments must be received by Any person may obtain a copy of this agreement. Pursuant to this bilateral May 11, 2000. NPRM by submitting a request to the airworthiness agreement, the DGAC has

VerDate 202000 15:58 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\11APP1.SGM pfrm06 PsN: 11APP1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19349 kept the FAA informed of the situation are imported and placed on the U.S. control having any part number SC4800–2 described above. The FAA has Register in the future. through SC4800–8 inclusive. examined the findings of the DGAC, Should an affected airplane be Note 1: This AD applies to each airplane reviewed all available information, and imported and placed on the U.S. identified in the preceding applicability determined that AD action is necessary Register in the future, it would require provision, regardless of whether it has been for products of this type design that are approximately 2 work hours to modified, altered, or repaired in the area certificated for operation in the United accomplish the required actions, at an subject to the requirements of this AD. For airplanes that have been modified, altered, or States. average labor rate of $60 per work hour. repaired so that the performance of the Based on these figures, the cost impact Explanation of Requirements of requirements of this AD is affected, the of this proposed AD would be $120 per Proposed Rule owner/operator must request approval for an airplane, per inspection cycle. alternative method of compliance in Since an unsafe condition has been Regulatory Impact accordance with paragraph (b) of this AD. identified that is likely to exist or The request should include an assessment of develop on other airplanes of the same The regulations proposed herein the effect of the modification, alteration, or type design registered in the United would not have a substantial direct repair on the unsafe condition addressed by States, the proposed AD would require effect on the States, on the relationship this AD; and, if the unsafe condition has not accomplishment of the actions specified between the national Government and been eliminated, the request should include specific proposed actions to address it. in the service bulletins described the States, or on the distribution of previously, except as discussed below. power and responsibilities among the Compliance: Required as indicated, unless various levels of government. Therefore, accomplished previously. Differences Between Proposed AD and it is determined that this proposal To detect and correct excessive play of the Relevant Service Information eye-end of the piston rod of the elevator would not have federalism implications servo-controls, which could result in failure The service bulletins identify various under Executive Order 13132. of the elevator servo-control, accomplish the compliance times for replacement of the For the reasons discussed above, I following: rod eye-end, depending on the amount certify that this proposed regulation (1) (a) Within 30 months since date of of play detected; the French is not a ‘‘significant regulatory action’’ manufacture of the airplane, or within 500 airworthiness directives support those under Executive Order 12866; (2) is not flight hours after the effective date of this AD, criteria. However, this proposed AD a ‘‘significant rule’’ under the DOT whichever occurs later, perform an would require that all corrective actions Regulatory Policies and Procedures (44 inspection to check the play of the piston rod eye-ends of the elevator servo-controls, in be accomplished prior to further flight, FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant accordance with Airbus Service Bulletin regardless of the findings. The FAA has A330–27–3062 (for Model A330 series economic impact, positive or negative, determined that, because of the safety airplanes) or A340–27–4072 (for Model A340 implications and consequences on a substantial number of small entities series airplanes), both Revision 01, both associated with such a discrepancy, any under the criteria of the Regulatory dated July 21, 1999. Thereafter, repeat the subject rod eye-end that is found to have Flexibility Act. A copy of the draft inspection at intervals not to exceed 15 an amount of play exceeding specified regulatory evaluation prepared for this months. limits must be replaced or further action is contained in the Rules Docket. (1) If any play that is 0.0059 inch (0.15 inspected prior to further flight. A copy of it may be obtained by mm) or greater and less than 0.0118 inch contacting the Rules Docket at the (0.30 mm) is detected: Prior to further flight, In addition, the service bulletins replace the rod eye-end with a new SARMA recommend that the repetitive location provided under the caption ADDRESSES. or NMB rod eye-end, in accordance with the inspections specified therein be applicable service bulletin. accomplished at the operators’ List of Subjects in 14 CFR Part 39 (2) If any play that is 0.0118 inch (0.30 respective C-checks. However, this mm) or greater is detected: Prior to further Air transportation, Aircraft, Aviation proposed AD would require that the flight, perform a dye penetrant inspection to safety, Safety. repetitive inspections be performed at detect cracking of the servo-control, in 15-month intervals, in consonance with The Proposed Amendment accordance with the applicable service bulletin. the DGAC’s recommendations. Accordingly, pursuant to the Maintenance schedules including C- (i) If no crack is detected: Prior to further authority delegated to me by the flight, replace the rod eye-end with a new checks may vary from operator to Administrator, the Federal Aviation SARMA or NMB rod eye-end, in accordance operator; therefore, the FAA finds it Administration proposes to amend part with the applicable service bulletin. necessary to specify a time limit for 39 of the Federal Aviation Regulations (ii) If any crack is detected: Prior to further accomplishment of the inspections. The (14 CFR part 39) as follows: flight, replace the servo-control with a new proposed repetitive interval corresponds servo-control, in accordance with the to a normal C-check for the majority of PART 39ÐAIRWORTHINESS applicable service bulletin. affected operators. DIRECTIVES Note 2: Accomplishment of an inspection in accordance with Airbus Service Bulletin Cost Impact 1. The authority citation for part 39 A330–27–3062 (for Model A330 series None of the airplanes affected by this continues to read as follows: airplanes) or A340–27–4072 (for Model A340 series airplanes), both dated February 5, action are on the U.S. Register. All Authority: 49 U.S.C. 106(g), 40113, 44701. 1999; is considered acceptable for airplanes included in the applicability § 39.13 [Amended] compliance with the initial inspection of this rule currently are operated by requirements of paragraph (a) of this AD. non-U.S. operators under foreign 2. Section 39.13 is amended by registry; therefore, they are not directly adding the following new airworthiness Note 3: The Airbus service bulletins directive: reference SAMM Service Bulletin SC4800– affected by this proposed AD action. 27–34–06, dated January 2, 1999, as an However, the FAA considers that this Airbus Industrie: Docket 2000–NM–64–AD. additional source of service information for rule is necessary to ensure that the Applicability: Model A330 and A340 series accomplishment of the dye penetrant unsafe condition is addressed in the airplanes, certificated in any category, inspection specified by paragraph (a)(2) of event that any of these subject airplanes equipped with any ‘‘SAMM’’ elevator servo- this AD.

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Alternative Methods of Compliance detect cracking of the flanges and bolt identify the Rules Docket number and (b) An alternative method of compliance or holes of the banjo No. 4 fitting, and be submitted in triplicate to the address adjustment of the compliance time that repair or replacement of the attachment specified above. All communications provides an acceptable level of safety may be fasteners with new, improved fasteners. received on or before the closing date used if approved by the Manager, In addition, the proposed AD would for comments, specified above, will be International Branch, ANM–116, FAA, have required a one-time inspection to considered before taking action on the Transport Airplane Directorate. Operators determine whether certain fasteners are proposed rule. The proposals contained shall submit their requests through an installed in the banjo No. 4 fitting of the in this notice may be changed in light appropriate FAA Principal Maintenance Inspector, who may add comments and then vertical stabilizer, and follow-on of the comments received. send it to the Manager, International Branch, actions, if necessary. That proposal was Comments are specifically invited on ANM–116. prompted by reports of failure of certain the overall regulatory, economic, Note 4: Information concerning the fasteners installed in the banjo No. 4 environmental, and energy aspects of existence of approved alternative methods of fitting of the vertical stabilizer. This the proposed rule. All comments compliance with this AD, if any, may be new action revises, among other actions, submitted will be available, both before obtained from the International Branch, the proposed rule by amending certain and after the closing date for comments, ANM–116. corrective actions. The actions specified in the Rules Docket for examination by by this new proposed AD are intended interested persons. A report Special Flight Permits to prevent cracking of the attachment summarizing each FAA-public contact (c) Special flight permits may be issued in fasteners of the vertical stabilizer, which concerned with the substance of this accordance with sections 21.197 and 21.199 could result in loss of fail-safe capability proposal will be filed in the Rules of the Federal Aviation Regulations (14 CFR of the vertical stabilizer and reduced Docket. 21.197 and 21.199) to operate the airplane to controllability of the airplane. Commenters wishing the FAA to a location where the requirements of this AD acknowledge receipt of their comments can be accomplished. DATES: Comments must be received by May 8, 2000. submitted in response to this notice Note 5: The subject of this AD is addressed must submit a self-addressed, stamped in French airworthiness directives 2000– ADDRESSES: Submit comments in 025–109(B) R1 (for Model A330 series triplicate to the Federal Aviation postcard on which the following airplanes) and 2000–024–135(B) R1 (for Administration (FAA), Transport statement is made: ‘‘Comments to Model A340 series airplanes), both dated Airplane Directorate, ANM–114, Docket Number 98–NM–228–AD.’’ The March 8, 2000. Attention: Rules Docket No. 98–NM– postcard will be date stamped and returned to the commenter. Issued in Renton, Washington, on April 5, 228–AD, 1601 Lind Avenue, SW., 2000. Renton, Washington 98055–4056. Availability of NPRMs Donald L. Riggin, Comments may be inspected at this Any person may obtain a copy of this Acting Manager, Transport Airplane location between 9:00 a.m. and 3:00 NPRM by submitting a request to the Directorate, Aircraft Certification Service. p.m., Monday through Friday, except FAA, Transport Airplane Directorate, [FR Doc. 00–8994 Filed 4–10–00; 8:45 am] Federal holidays. ANM–114, Attention: Rules Docket No. The service information referenced in BILLING CODE 4910±13±U 98–NM–228–AD, 1601 Lind Avenue, the proposed rule may be obtained from SW., Renton, Washington 98055–4056. The Boeing Company, Douglas Products DEPARTMENT OF TRANSPORTATION Division, 3855 Lakewood Boulevard, Discussion Long Beach, California 90846, A proposal to amend part 39 of the Federal Aviation Administration Attention: Technical Publications Federal Aviation Regulations (14 CFR Business Administration, Dept. C1–L51 part 39) to add an airworthiness 14 CFR Part 39 (2–60). This information may be directive (AD), applicable to certain examined at the Federal Aviation [Docket No. 98±NM±228±AD] McDonnell Douglas Model DC–10 series Administration (FAA), Transport airplanes, was published as a notice of RIN 2120±AA64 Airplane Directorate, Rules Docket, proposed rulemaking (NPRM) in the 1601 Lind Avenue, SW., Renton, Federal Register on November 23, 1998 Airworthiness Directives; McDonnell Washington; or at the FAA, Transport (63 FR 64664). That NPRM would have Douglas Model DC±10±10, ±15, ±30, Airplane Directorate, Los Angeles required repetitive inspections to detect and ±40 Series Airplanes, and KC±10A Aircraft Certification Office, 3960 failure of the attachment fasteners (Military) Airplanes Paramount Boulevard, Lakewood, located in the banjo No. 4 fitting of the AGENCY: Federal Aviation California. vertical stabilizer. That NPRM also Administration, DOT. FOR FURTHER INFORMATION CONTACT: Ron would have required a one-time ACTION: Supplemental notice of Atmur, Aerospace Engineer, Airframe inspection to detect cracking of the proposed rulemaking; reopening of Branch, ANM–120L, FAA, Transport flanges and bolt holes of the banjo No. comment period. Airplane Directorate, Los Angeles 4 fitting, and repair or replacement of Aircraft Certification Office, 3960 the attachment fasteners with new, SUMMARY: This document revises an Paramount Boulevard, Lakewood, improved fasteners. In addition, that earlier proposed airworthiness directive California 90712–4137; telephone (562) NPRM would have required a one-time (AD) applicable to certain McDonnell 627–5224; fax (562) 627–5210. inspection to determine whether certain Douglas Model DC–10 series airplanes, SUPPLEMENTARY INFORMATION: fasteners are installed in the banjo No. and KC–10A (military) airplanes, that 4 fitting of the vertical stabilizer, and would have required repetitive Comments Invited follow-on actions, if necessary. That inspections to detect failure of the Interested persons are invited to NPRM was prompted by reports of attachment fasteners located in the participate in the making of the failure of certain fasteners installed in banjo No. 4 fitting of the vertical proposed rule by submitting such the banjo No. 4 fitting of the vertical stabilizer. That proposed AD also would written data, views, or arguments as stabilizer. That condition, if not have required a one-time inspection to they may desire. Communications shall corrected, could result in cracking of the

VerDate 202000 15:58 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\11APP1.SGM pfrm06 PsN: 11APP1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19351 attachment fasteners of the vertical statement does not indicate what must acceptable level of safety through the stabilizer, which could result in loss of be done if failed fasteners are found use of repetitive external visual fail-safe capability of the vertical during these repetitive inspections. The inspections until the requirements of stabilizer and reduced controllability of commenter contends that the current paragraph (b) of the proposed AD are the airplane. wording of the proposed rule implies accomplished. The FAA acknowledges that in the situation of a failed fastener Comments Received That Result in a that maintenance scheduling conflicts found during a repetitive inspection, all Change to the Proposal may arise because of the compliance twelve bolts must be removed and eddy times associated with the new actions Due consideration has been given to current inspections must be required by the proposed AD and the the following comments received in accomplished before the new fasteners, actions retained from the superseded response to the NPRM. P/N HLT717B–8, are installed. The AD. Therefore, paragraph (c)(3)(i) has Request to Limit Applicability of commenter disagrees with this action been revised to allow a minimum of Paragraph (c) of the AD due to the possibility of sustaining 1,500 landings, from the initial damage to the previously cold worked inspection, to accomplish the One commenter requests that the holes with correct fasteners installed, replacement of second oversize visual inspection of the second oversize which would require additional fasteners, P/N S4931917–8Y. fasteners, part number (P/N) S4931917– oversize or repair. The commenter 8Y, as required by paragraph (c) of the asserts that only the affected holes with Explanation of Change to Proposal proposed AD, apply only to airplanes failed fasteners should be eddy current The FAA has added a note to the final that have not accomplished the bolt hole inspected, not all holes. rule to clarify the definition of a requirements of AD 96–07–01, The FAA concurs that clarification is detailed visual inspection. amendment 39–9549 (61 FR 12015, necessary. Paragraph (c)(3) of the AD March 25, 1996) in accordance with provides corrective actions if second Conclusion McDonnell Douglas Service Bulletin oversize fasteners P/N S4931917–8Y are Since these changes expand the scope DC10–55–023, Revision 03, dated March installed. The FAA has determined that of the originally proposed rule, the FAA 25, 1998 [which also was referenced in removal of fasteners and inspection of has determined that it is necessary to the proposed AD as an appropriate fastener holes is not necessary for holes reopen the comment period to provide source of service information for that do not have second oversize additional opportunity for public accomplishment of the actions specified fasteners P/N S4931917–8Y installed. comment. in paragraph (b)]. The FAA’s intent in paragraph (c)(3)(i) Cost Impact The FAA concurs with the of the AD was to require repetitive commenter’s request. The FAA finds external inspections thereafter at There are approximately 420 that second oversize fasteners, P/N intervals not to exceed 1,500 landings airplanes of the affected design in the S4931917–8Y, would not have been until the requirements of paragraph (b) worldwide fleet. The FAA estimates that installed if the requirements of of this AD are accomplished, and 242 airplanes of U.S. registry will be paragraph (b) of the AD had been eventually require accomplishment of affected by this AD. accomplished in accordance with the requirements of paragraph (b) of the Since the issuance of AD 96–07–01, McDonnell Douglas Service Bulletin AD again. The FAA’s intent in the manufacturer has revised its DC10–55–023, Revision 03, dated March paragraph (c)(3)(ii) of the AD was to estimate of the work hours necessary to 25, 1998, or if the requirements of AD require accomplishment of the perform the actions that are currently 96–07–01 had been accomplished in requirements of paragraph (b) of this AD required by that AD. McDonnell accordance with Revision 03 of that for the failed fastener and its associated Douglas Service Bulletin DC10–55–023, service bulletin. Therefore, paragraph fastener hole only. Therefore, the FAA Revision 03, reflects the manufacturer’s (c) of the final rule is revised has revised paragraphs (c)(3)(i) and revised estimates; and the cost accordingly. (c)(3)(ii) of the AD to reflect this information, below, also has been revised to refer to the new estimates. Request for Clarification of clarification. Another commenter requests that the The visual inspection that is currently Requirements wording of paragraph (c)(3)(i) of the required by AD 96–07–01, and retained One commenter states that the proposed AD be clarified as to when the in this AD, takes approximately 1 work proposed AD is not clear on what the second oversize fasteners, P/N hour per airplane to accomplish, at an terminating action requirements are if S4931917–8Y, must be replaced. The average labor rate of $60 per work hour. the second oversize fasteners, P/N commenter contends that it is possible Based on these figures, the cost impact S4931917–8Y, are found installed on to interpret the proposed AD in a way of the visual inspection currently previously modified airplanes. The that would require replacement of all required by that AD on U.S. operators is commenter states that paragraphs the fasteners by April 24, 2001, which estimated to be $14,520, or $60 per (c)(3)(i) and (c)(3)(ii) of the proposed AD is the date for compliance to paragraph airplane, per inspection cycle. indicate that terminating action should (b) of the proposed AD. However, the The eddy current inspection that is be accomplished in accordance with 1,500 landing compliance time required currently required by AD 96–07–01, and paragraph (b) of the proposed AD. In the by paragraph (c) of the proposed AD for retained in this AD, takes approximately transmittal sheet of Revision 03 of the initial inspection could occur after 4 work hours per airplane to McDonnell Douglas Service Bulletin April 24, 2001, for operators that have accomplish, at an average labor rate of DC10–55–023, it states that S4931917– accomplished the modification in $60 per work hour. Based on these 8Y fasteners are to be repetitively accordance with McDonnell Douglas figures, the cost impact of the eddy inspected and finally replaced with Service Bulletin DC10–55–023, Revision current inspection currently required by HLT717B–8 fasteners if found on 02, dated October 30, 1996. that AD on U.S. operators is estimated previously modified airplanes. It is The FAA agrees that clarification is to be $58,080, or $240 per airplane. understood that if the fasteners are necessary. As discussed previously, the The replacement of the 12 attachment found and there is no failure, they can requirements of paragraph (c)(3)(i) of the fasteners of the banjo No. 4 fitting that be simply replaced. However, this AD are intended to provide an is currently required by AD 96–07–01,

VerDate 202000 15:58 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\11APP1.SGM pfrm06 PsN: 11APP1 19352 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules and retained in this AD, takes List of Subjects in 14 CFR Part 39 accordance with procedures specified in approximately 14 work hours per McDonnell Douglas Nondestructive Testing Air transportation, Aircraft, Aviation Manual, Chapter 20–10–00, or McDonnell airplane to accomplish, at an average safety, Safety. labor rate of $60 per work hour. Douglas Nondestructive Testing Standard The Proposed Amendment Practice Manual, Part 09. Required parts cost approximately $250 (1) If no failure is detected, repeat the per airplane. Based on these figures, the Accordingly, pursuant to the external visual inspection thereafter at cost impact of the replacement currently authority delegated to me by the intervals not to exceed 1,500 landings until required by that AD on U.S. operators is Administrator, the Federal Aviation the requirements of paragraph (b) of this AD estimated to be $263,780, or $1,090 per Administration proposes to amend part are accomplished. airplane. 39 of the Federal Aviation Regulations (2) If any failure is detected, prior to The new inspection that is proposed (14 CFR part 39) as follows: further flight, accomplish the requirements of paragraph (b) of this AD. in this AD action would take PART 39ÐAIRWORTHINESS (b) Except as required by paragraphs (a)(2) approximately 1 work hour per airplane and (c)(3)(ii) of this AD, within 5 years after to accomplish, at an average labor rate DIRECTIVES April 24, 1996: Perform an eddy current of $60 per work hour. Based on these 1. The authority citation for part 39 surface inspection to detect cracking of the figures, the cost impact of the inspection continues to read as follows: forward and aft flanges; and an eddy current proposed by this AD on U.S. operators bolt hole inspection of the bolt holes of the is estimated to be $14,520, or $60 per Authority: 49 U.S.C. 106(g), 40113, 44701. banjo No. 4 fitting; in accordance with airplane. McDonnell Douglas DC–10 Service Bulletin § 39.13 [Amended] 55–23, Revision 1, dated December 17, 1993; The cost impact figures discussed 2. Section 39.13 is amended by or McDonnell Douglas Service Bulletin above are based on assumptions that no removing amendment 39–9549 (61 FR DC10–55–023, Revision 02, dated October 30, operator has yet accomplished any of 12015, March 25, 1996), and by adding 1996, or Revision 03, dated March 25, 1998. the current or proposed requirements of a new airworthiness directive (AD) to Note 2: Paragraph (b) of this AD does not this AD action, and that no operator read as follows: require that eddy current bolt hole would accomplish those actions in the inspections be accomplished for the bolt future if this AD were not adopted. McDonnell Douglas: Docket 98–NM–228– holes of the banjo No. 4 fitting if the AD. Supersedes AD–96–07–01, attachment fasteners were replaced prior to Should an operator that has already Amendment 39–9549. completed the replacement of the April 24, 1996, in accordance with Applicability: Model DC–10–10, –15, –30, McDonnell Douglas DC–10 Service Bulletin attachment fasteners of the banjo No. 4 and –40 series airplanes, and KC–10A 55–23, dated December 17, 1992. fitting in accordance with AD 96–07–01 (military) airplanes; as listed in McDonnell (1) If no cracking is detected, prior to be required to repeat the replacement, it Douglas DC–10 Service Bulletin 55–23, further flight, replace the 12 attachment would take approximately 14 additional Revision 1, dated December 17, 1993; fasteners located on the banjo No. 4 fitting work hours, at an average labor rate of certificated in any category. with new, improved attachment fasteners, in $60 per work hour. Additional parts Note 1: This AD applies to each airplane accordance with McDonnell Douglas DC–10 would cost $150 per airplane. Based on identified in the preceding applicability Service Bulletin 55–23, dated December 17, these figures, the cost impact of any provision, regardless of whether it has been 1992, or Revision 1, dated December 17, necessary repetition of the replacement modified, altered, or repaired in the area 1993; or McDonnell Douglas Service Bulletin subject to the requirements of this AD. For is estimated to be $990 per airplane. DC10–55–023, Revision 02, dated October 30, airplanes that have been modified, altered, or 1996, or Revision 03, dated March 25, 1998. Regulatory Impact repaired so that the performance of the After the effective date of this AD, only requirements of this AD is affected, the Revision 03 of the service bulletin shall be The regulations proposed herein owner/operator must request approval for an used. would not have a substantial direct alternative method of compliance in (i) Accomplishment of the replacement in effect on the States, on the relationship accordance with paragraph (e) of this AD. accordance with the original issue of the between the national Government and The request should include an assessment of service bulletin constitutes terminating the States, or on the distribution of the effect of the modification, alteration, or action for the requirements of paragraph (a) power and responsibilities among the repair on the unsafe condition addressed by of this AD, provided that the eddy current this AD; and, if the unsafe condition has not various levels of government. Therefore, surface inspection of the forward and aft been eliminated, the request should include flanges is accomplished in accordance with it is determined that this proposal specific proposed actions to address it. McDonnell Douglas DC–10 Service Bulletin would not have federalism implications Compliance: Required as indicated, unless 55–23, Revision 1, dated December 17, 1993; under Executive Order 13132. accomplished previously. or McDonnell Douglas Service Bulletin For the reasons discussed above, I To prevent cracking of the attachment DC10–55–023, Revision 02, dated October 30, certify that this proposed regulation (1) fasteners of the vertical stabilizer, which 1996, or Revision 03, dated March 25, 1998. is not a ‘‘significant regulatory action’’ could result in loss of fail-safe capability of (ii) Accomplishment of the replacement in under Executive Order 12866; (2) is not the vertical stabilizer and reduced accordance with McDonnell Douglas DC–10 Service Bulletin 55–23, Revision 1, dated a ‘‘significant rule’’ under the DOT controllability of the airplane, accomplish the following: December 17, 1993; or McDonnell Douglas Regulatory Policies and Procedures (44 (a) Except as required by paragraph (c)(3) Service Bulletin DC10–55–023, Revision 02, FR 11034, February 26, 1979); and (3) if of this AD, within 1,500 landings after April dated October 30, 1996, or Revision 03, dated promulgated, will not have a significant 24, 1996 (the effective date of AD 96–07–01, March 25, 1998; constitutes terminating economic impact, positive or negative, amendment 39–9549): Perform an external action for the requirements of paragraph (a) on a substantial number of small entities visual inspection, using a minimum 5X of this AD, provided that the eddy current under the criteria of the Regulatory power magnifying glass, to detect any failure surface inspection of the forward and aft Flexibility Act. A copy of the draft of the 12 attachment fasteners located in the flanges, and the eddy current bolt hole regulatory evaluation prepared for this banjo No. 4 fitting of the vertical stabilizer (as inspection of the bolt holes of the banjo No. specified in McDonnell Douglas DC–10 4 fitting, are accomplished in accordance action is contained in the Rules Docket. Service Bulletin 55–23, Revision 1, dated with Revision 1, Revision 02, or Revision 03 A copy of it may be obtained by December 17, 1993; or McDonnell Douglas of the service bulletin. contacting the Rules Docket at the Service Bulletin DC10–55–023, Revision 02, (2) If any cracking is detected, prior to location provided under the caption dated October 30, 1996, or Revision 03, dated further flight, repair either in accordance ADDRESSES. March 25, 1998). Perform this inspection in with Figure 6 or Figure 7, as applicable, of

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Chapter 55–20–00, Volume 1, of the DC–10 provides an acceptable level of safety may be Jackson Boulevard, Chicago, Illinois Structural Repair Manual; or in accordance used if approved by the Manager, Los 60604. with a method approved by the Manager, Los Angeles ACO. Operators shall submit their Angeles Aircraft Certification Office (ACO), requests through an appropriate FAA FOR FURTHER INFORMATION CONTACT: John FAA, Transport Airplane Directorate. Principal Maintenance Inspector, who may Paskevicz, Environmental Engineer, (c) For airplanes that have not add comments and then send it to the Regulation Development Section, Air accomplished the requirements of paragraph Manager, Los Angeles ACO. Programs Branch (AR–18J), (b) in accordance with McDonnell Douglas Note 4: Information concerning the Environmental Protection Agency, Service Bulletin DC–55–023, Revision 3, existence of approved alternative methods of Region 5, 77 West Jackson Boulevard, dated March 25, 1998: Within 1,500 landings compliance with this AD, if any, may be Chicago, Illinois 60604, (312) 886–6084. after the effective date of this AD, perform a obtained from the Los Angeles ACO. one-time detailed visual inspection to SUPPLEMENTARY INFORMATION: For determine whether second oversize fasteners Special Flight Permits additional information see the direct having part number (P/N) S4931917–8Y are (f) Special flight permits may be issued in final rule published in the final rules installed in the banjo No. 4 fitting of the accordance with sections 21.197 and 21.199 section of this Federal Register. vertical stabilizer. of the Federal Aviation Regulations (14 CFR Dated: March 28, 2000. Note 3: For the purposes of this AD, a 21.197 and 21.199) to operate the airplane to Francis X. Lyons, detailed inspection is defined as: ‘‘An a location where the requirements of this AD intensive visual examination of a specific can be accomplished. Regional Administrator, Region 5. structural area, system, installation, or [FR Doc. 00–8829 Filed 4–10–00; 8:45 am] assembly to detect damage, failure, or Issued in Renton, Washington, on April 5, BILLING CODE 6560±50±U irregularity. Available lighting is normally 2000. supplemented with a direct source of good Donald L. Riggin, lighting at intensity deemed appropriate by Acting Manager, Transport Airplane ENVIRONMENTAL PROTECTION the inspector. Inspection aids such as mirror, Directorate, Aircraft Certification Service. magnifying lenses, etc., may be used. Surface AGENCY [FR Doc. 00–8995 Filed 4–10–00; 8:45 am] cleaning and elaborate access procedures may be required.’’ BILLING CODE 4910±13±U 40 CFR Part 52 (1) If second oversize fasteners having P/ [MA±063±01±7200b; A±1±FRL±6574±6] N S4931917–8Y are not installed, and the actions required by paragraph (b) of this AD ENVIRONMENTAL PROTECTION Approval and Promulgation of Air have been accomplished, no further action is AGENCY Quality Implementation Plans; required by this AD. Massachusetts; Revised VOC Rules (2) If second oversize fasteners having P/ 40 CFR Part 52 N S4931917– 8Y are not installed, and the [IN107±1b; FRL±6573±9] AGENCY: Environmental Protection actions required by paragraph (b) of this AD Agency (EPA). have not been accomplished: Within 1,500 landings after the last inspection performed Approval and Promulgation of ACTION: Proposed rule. in accordance with paragraph (a) of this AD, Implementation Plan; Indiana repeat that inspection, and perform the Particulate Matter Rule SUMMARY: The EPA is proposing to follow-on actions specified by paragraph (a) approve two State Implementation Plan of this AD. AGENCY: Environmental Protection (SIP) revisions submitted by the (3) If second oversize fasteners having P/ Agency (EPA). Commonwealth of Massachusetts. These N S4931917– 8Y are installed, prior to ACTION: Proposed rule. SIP submittals include revisions to further flight, perform an external visual regulations for controlling volatile inspection to detect any failure of the 12 SUMMARY: EPA is proposing to approve organic compound (VOC) emissions, attachment fasteners located in the banjo No. Indiana’s State Plan revision to control 4 fitting of the vertical stabilizer in including emissions from marine vessel accordance with paragraph (a) of this AD. particulate matter emissions from loading and consumer products. In the (i) If no failure is detected, accomplish the selected facilities at Central Soya Final Rules section of this Federal actions specified in paragraph (c)(3)(i)(A) and Company, Incorporated in Marion Register, EPA is approving (c)(3)(i)(B) of this AD. County Indiana, submitted on February Massachusetts’ SIP submittals as a (A) For any hole that has a P/N S4931917– 3, 1999. The revision to the State Plan direct final rule without prior proposal 8Y fastener installed: Repeat the external eliminates nine sources of particulate because the Agency views this as a visual inspection thereafter at intervals not to matter and adds 5 new sources. The noncontroversial submittal and exceed 1,500 landings until the requirements emissions from the new sources do not anticipates no adverse comments. A of paragraph (b) of this AD are accomplished. exceed 25 tons per year and represents (B) For any hole that has a P/N S4931917– detailed rationale for the approval is set 8Y fastener installed: Within 5 years after a net overall reduction in annual forth in the direct final rule. If no April 24, 1996, or within 1,500 landings from emissions. adverse comments are received in the inspection required by paragraph (c)(3) of DATES: Written comments must be response to this action rule, no further this AD, whichever occurs later, accomplish received on May 11, 2000. activity is contemplated. If EPA receives the requirements of paragraph (b) of this AD. adverse comments, the direct final rule (ii) If any failure is detected, prior to ADDRESSES: Written comments should be mailed to: J. Elmer Bortzer, Chief, will be withdrawn and all public further flight, accomplish the requirements of comments received will be addressed in paragraph (b) of this AD for the failed Regulation Development Section, Air fastener and its associated fastener hole only. Programs Branch (AR–18J), a subsequent final rule based on this (d) As of the effective date of this AD, no Environmental Protection Agency, proposed rule. EPA will not institute a person shall install a second oversize fastener Region 5, 77 West Jackson Boulevard, second comment period. Any parties having part number (P/N) S4931917–8Y in Chicago, Illinois 60604. interested in commenting on this action the banjo No. 4 fitting of the vertical Copies of the State submittal are should do so at this time. stabilizer on any airplane. available for inspection at: Regulation DATES: Written comments must be Alternative Methods of Compliance Development Section, Air Programs received on or before May 11, 2000. (e) An alternative method of compliance or Branch (AR–18J), Environmental ADDRESSES: Comments may be mailed to adjustment of the compliance time that Protection Agency, Region 5, 77 West David Conroy, Unit Manager, Air

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Quality Planning Unit (mail code CAQ), NMFS is requesting comments from shares since the mid 1990s. Under the U.S. Environmental Protection Agency, the public on the proposed amendment, proposed amendment, the Regional Region I, One Congress Street, Suite copies of which may be obtained from Administrator, NMFS, Alaska Region, 1100, Boston, MA 02114–2023. Copies the Council (see ADDRESSES). annually would estimate the amount of of the State submittal and EPA’s DATES: Comments on Amendment 64 Pacific cod taken as incidental catch in technical support document are must be submitted by June 12, 2000. directed fisheries for groundfish other available for public inspection during ADDRESSES: Comments must be sent to than Pacific cod by vessels using hook- normal business hours, by appointment Sue Salveson, Assistant Regional and-line or pot gear and deduct that at the Office of Ecosystem Protection, Administrator for Sustainable Fisheries, amount from the portion of Pacific cod U.S. Environmental Protection Agency, Alaska Region, NMFS, P.O. Box 21668, TAC annually allocated to hook-and- Region I, One Congress Street, 11th Juneau, AK 99802, Attn: Lori Gravel. line or pot gear (51 percent of the TAC). floor, Boston, MA and the Division of Hand- or courier-delivered comments The remainder would be further Air Quality Control, Department of may be sent to the Federal Building, 709 allocated as directed fishing allowances Environmental Protection, One Winter West 9th Street, Room 453, Juneau, AK for the different hook-and-line and pot Street, 8th Floor, Boston, MA 02108. 99801. Comments may also be sent via gear users (sectors) as follows: (a) Catcher/processor vessels using FOR FURTHER INFORMATION CONTACT: facsimile (fax) to 907–586–7465. Anne E. Arnold, (617) 918–1047. hook-and-line gear–80 percent; Comments will not be accepted if (b) Catcher vessels using hook-and- SUPPLEMENTARY INFORMATION: For submitted via e-mail or the Internet. additional information, see the direct line gear–0.3 percent; Copies of Amendment 64 and the (c) Vessels using pot gear–18.3 final rule which is located in the Rules Environmental Assessment/Regulatory percent; and section of this Federal Register. Impact Review/Initial Regulatory (d) Catcher vessels less than 60 ft Dated: March 29, 2000. Flexibility Analysis (EA/RIR/IRFA) (18.3 meters) length overall (LOA) that Mindy S. Lubber, prepared for the amendments are use either hook-and-line or pot gear–1.4 Regional Administrator, EPA New England. available from the North Pacific Fishery percent. [FR Doc. 00–8831 Filed 4–10–00; 8:45 am] Management Council at 605 West 4th Specific provisions for the accounting Ave. Suite 306, Anchorage, AK 99501, BILLING CODE 6560±50±P of these directed fishing allowances and telephone 907–271–2809. the transfer of unharvested amounts of FOR FURTHER INFORMATION CONTACT: these allowances to other vessels using DEPARTMENT OF COMMERCE James Hale, 907–586–7228. hook-and-line or pot gear would be set SUPPLEMENTARY INFORMATION: forth in regulations implementing the National Oceanic and Atmospheric proposed amendment. Background Administration Amendment 64 would expire The Magnuson-Stevens Fishery December 31, 2003. Continuing the 50 CFR Part 679 Conservation and Management Act proposed allocations of Pacific cod or (Magnuson-Stevens Act) requires that selecting new allocation percentages [I.D. 032900C] each regional fishery management after this date would require Council RIN 0648±AN25 council submit any fishery management adoption and NMFS’ approval of a new plan or plan amendment it prepares to FMP amendment. In adopting an Fisheries of the Exclusive Economic NMFS for review and approval, expiration date for the proposed Zone Off Alaska; Allocation of Pacific disapproval, or partial approval. The amendment, the Council reasoned that 3 Cod among Vessels Using Hook-and- Magnuson-Stevens Act also requires years would be sufficient time for the line or Pot Gear in the Bering Sea and that NMFS, after receiving a fishery hook-and-line or pot gear sector Aleutian Islands management plan or amendment, allocations of Pacific cod to address the AGENCY: National Marine Fisheries immediately publish a notice in the issue of increasing competition for BSAI Service (NMFS), National Oceanic and Federal Register that the fishery Pacific cod before reconsidering the Atmospheric Administration (NOAA), management plan or amendment is issue in light of other proposed changes Commerce. available for public review and impending for the BSAI Pacific cod groundfish fisheries, including ACTION: Notice of availability; request comment. This action constitutes such for comments. notice for Amendment 64 to the BSAI proposed gear or species endorsements FMP. NMFS will consider the public on permits issued under the license SUMMARY: The North Pacific Fishery comments received during the comment limitation program. Management Council (Council) has period in determining whether to Public comments are being solicited submitted Amendment 64 to the Fishery approve this amendment. on this proposed amendment through Management Plan for the Groundfish The groundfish fisheries in the the end of the comment period specified Fishery of the Bering Sea and Aleutian Exclusive Economic Zone (3 to 200 in this notice. A proposed rule that Islands Area (FMP). This amendment miles offshore) of the BSAI are managed would implement the amendment may would apportion the hook-and-line or by NMFS under the BSAI groundfish be published in the Federal Register for pot gear (fixed gear) allocation of total FMP, which was prepared by the public comment following NMFS’ allowable catch (TAC) of Pacific cod in Council under the Magnuson-Stevens evaluation under the Magnuson-Stevens the Bering Sea and Aleutian Islands Act, Pub. L. 94–265, 16 U.S.C. 1801, and Act procedures. Public comments on the management area (BSAI) among hook- approved and implemented by NMFS in proposed rule must be received by close and-line catcher-processor vessels, 1981. of business on the last day of the hook-and-line catcher vessels, and pot Amendment 64, if approved, would comment period of the amendment to be gear vessels. This action responds to establish separate Pacific cod directed considered in the decision to approve or socio-economic needs of the fishing fishing allowances for different sectors disapprove the amendment. All industry that have been identified by of vessels using hook-and-line or pot comments received by the end of the the Council and intends to promote the gear. These allowances are intended to comment period, whether specifically goals and objectives of the FMP. reflect relative Pacific cod harvest directed to the amendment or to the

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Notices Federal Register Vol. 65, No. 70

Tuesday, April 11, 2000

This section of the FEDERAL REGISTER burden of the collection of information Section 11(e)(12) of the Food Stamp contains documents other than rules or on those who are to respond, including Act requires that the State Plan of proposed rules that are applicable to the through the use of appropriate Operations shall provide for the public. Notices of hearings and investigations, automated, electronic, mechanical, or submission of reports required by the committee meetings, agency decisions and other technological collection Secretary of Agriculture. State agencies rulings, delegations of authority, filing of petitions and applications and agency techniques or other forms of information are required to report on a monthly statements of organization and functions are technology. basis on the FNS–388, State Issuance examples of documents appearing in this All comments will be summarized and Participation Estimates, estimated section. and included in the request for Office of or actual issuance and participation data Management and Budget approval of the for the current month and previous information collection. All comments month, and actual participation data for DEPARTMENT OF AGRICULTURE will become a matter of public record. the second preceding month. The FNS– 388 report provides the necessary data Food and Nutrition Service FOR FURTHER INFORMATION CONTACT: Barbara Hallman, telephone number for an early warning system to enable the Department to fulfill its reporting Agency Information Collection (703) 305–2383. requirements to Congress. Activities: Proposed Collection, SUPPLEMENTARY INFORMATION: State agencies in general only submit Comment RequestÐFood Stamp Title: Form FNS–388, State Issuance one Statewide FNS–388 per month. The Program: State Issuance and and Participation Estimates. exception is that State agencies which Participation EstimatesÐForm FNS± OMB Number: 0584–0081. choose to operate both a coupon system 388 Expiration Date: Expired. and an electronic benefit transfer (EBT) AGENCY: Food and Nutrition Service, Type of Request: Reinstatement of a system or which choose to operate an USDA. previously approved collection. approved alternative issuance ACTION: Notice. Abstract: Section 18(b) of the Food demonstration project such as a cash- Stamp Act limits the value of allotments out system submit a separate report for SUMMARY: In accordance with the paid to food stamp households to an each type of issuance system. State Paperwork Reduction Act of 1995, the amount not in excess of the agencies are converting from coupons to Food and Nutrition Service (FNS) is appropriation for the fiscal year. If EBT. In July 1999, 39 States and the publishing for public comment a allotments in any fiscal year would District of Columbia operated an EBT summary of a proposed information exceed the appropriation, the Secretary system and 31 operated EBT statewide. collection. The proposed collection is to of Agriculture is required to direct State With additional States moving from reinstate a previously approved agencies to reduce the value of food paper coupons to EBT in the next few collection under OMB No. 0584–0081 stamp allotments to the extent necessary months, few States will be expected to for the Food Stamp Program for the form to stay within appropriated funding temporarily submit more than one FNS– FNS–388, State Issuance and limits. 388 report per month at any one time. Participation Estimates. Section 18(a) of the Food Stamp Act With State agency automated DATES: Comments on this notice must be requires the Secretary of Agriculture to information systems, the separate report received by June 12, 2000 to be assured submit a monthly report to Congress for a secondary issuance system or an of consideration. setting forth the Secretary’s best alternative issuance demonstration ADDRESSES: Send comments and estimate of the second preceding project should have a negligible impact requests for copies of this information month’s expenditures for the Food on the burden. collection to Barbara Hallman, Chief, Stamp Program as well as the In addition, State agencies are State Administration Branch, Food cumulative total for the fiscal year. In required to submit a project area Stamp Program, Food and Nutrition each monthly report the Secretary is breakdown on the FNS–388 of issuance Service, USDA, 3101 Park Center Drive, required to also state whether and participation data twice a year. This Alexandria, VA 22302. Copies of the supplemental appropriations will be data is useful in identifying project estimate of the information collection needed to support the operation of the areas that are required to do photo can be obtained by contacting Ms. program through the end of the fiscal identification of heads of households or Hallman. year. The timeliness and accuracy of the to operate fraud detection units in Comments are invited on: (a) Whether data available to the Secretary prior to accordance with the Act. the proposed collection of information submitting this report will have a direct Beginning July 1993, State agencies is necessary for the proper performance effect upon any request for were allowed to submit the FNS–388 of the functions of the Agency, supplemental appropriations that may data electronically to the national including whether the information will be submitted and the manner in which database files stored in FNS’ Food have practical utility; (b) the accuracy of allotments will be reduced if the Stamp Program Integrated Information the Agency’s estimate of the burden of supplemental appropriation is not System in lieu of a paper report. The the proposed collection of information provided. While benefit reductions have voluntary changeover from paper to including the validity of the never been ordered in the past under electronic reporting of FNS–388 data by methodology and assumptions used; (c) Section 18(b) nor are they anticipated States was done as part of FNS’ State ways to enhance the quality, utility, and based on current data, the Department Cooperative Data Exchange Project. This clarity of the information to be must continue to monitor actual project is being expanded over time as collected; and (d) ways to minimize the program costs against the appropriation. more FNS forms are transferred to

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19357 electronic formats for State data entry. allotted for individual presentations Washington, DC. Submit individual As of July 1999, 45 State agencies will be limited to 3–4 minutes. Written inquiries and return any comments in submit the FNS–388 data electronically comments are encouraged, particularly writing to William Hughey, National and 8 State agencies submit paper if the material cannot be presented Agricultural Engineer, Natural reports. within the time limits for the Public Resources Conservation Service, Post Respondents: State agencies that Forum. Written comments may be Office Box 2890, Room 6139–S, administer the Food Stamp Program. submitted prior to the April 20 meeting Washington, DC 20013–2890. Estimated Number of Respondents: by sending them to Designated Federal Telephone Number 202–720–5023. The 53. Official Neal Forrester at the address standards are also available and can be Estimated Number of Responses per given below. downloaded from the Internet at: http:/ Respondent: FOR FURTHER INFORMATION CONTACT: For /www.ftw.nrcs.usda.gov/ Form FNS–388: 53 State agencies 12 practicelstds.html. times a year. more information regarding this Form FNS–388A: 53 State agencies meeting, contact Designated Federal SUPPLEMENTARY INFORMATION: Section twice a year. Official Neal Forrester; Willamette 343 of the Federal Agriculture Estimate of Burden: National Forest; 211 East Seventh Improvement and Reform Act of 1996 Form FNS–388: The State agencies Avenue; Eugene, Oregon 97401; (541) requires NRCS to make available for submit Form FNS–388 10 times per year 465–6924. public review and comment proposed at an estimate of 5.60 hours per Dated: April 4, 2000. revisions to conservation practice respondent, or 2,970 hours annually for Y. Robert Iwamoto, standards used to carry out the highly all respondents. The remaining two Deputy Forest Supervisor. erodible land and wetland provisions of FNS–388 submissions with a public [FR Doc. 00–8886 Filed 4–10–00; 8:45 am] the law. For the next 60 days, NRCS will assistance (PA) and non-public receive comments relative to the BILLING CODE 3410±11±M assistance (NA) caseload breakout are proposed changes. Following that covered under the FNS–388A twice a period, a determination will be made by year submissions (see below). DEPARTMENT OF AGRICULTURE NRCS regarding disposition of those Form FNS–388A: The State agencies comments, and a final determination of submit a more detailed FNS–388 (with Natural Resources Conservation change will be made. PA and NA breakout) twice a year and Service FNS–388A project area breakdown Signed at Washington, D.C., on March 31, 2000. twice a year at an estimate of 14.8 hours Notice of Proposed Changes in the Pearlie S. Reed, per respondent, or 1,572 hours annually National Handbook of Conservation for all respondents. Practices Chief, Natural Resources Conservation Estimated Total Annual Burden on Service. Respondents: The annual reporting and AGENCY: Natural Resources [FR Doc. 00–8974 Filed 4–10–00; 8:45 am] recordkeeping burden for OMB No. Conservation Service, USDA. BILLING CODE 3410±16±P 0584–0081 is estimated to be 4,542 ACTION: Notice and request for hours. comments. Dated: March 22, 2000. SUMMARY: Notice is hereby given of the DEPARTMENT OF COMMERCE Samuel Chambers, Jr., intention of the Natural Resources Administrator. Conservation Service (NRCS) to issue a Submission for OMB Review; [FR Doc. 00–8937 Filed 4–10–00; 8:45 am] series of new or revised conservation Comment Request BILLING CODE 3410±30±U practice standards in its National The Department of Commerce (DoC) Handbook of Conservation Practices. has submitted to the Office of These standards include Heavy Use DEPARTMENT OF AGRICULTURE Management and Budget (OMB) for Area Protection; Irrigation System, clearance the following proposal for Forest Service Tailwater Recovery; Pest Management; collection of information under the Pipeline; and Watering Facility. These provisions of the Paperwork Reduction Willamette Provincial Advisory standards are used to convey national Act (44 U.S.C. chapter 35). Committee (PAC); Meeting guidance when developing Field Office Agency: Patent and Trademark Office Technical Guide Standards used in the (PTO). AGENCY: Forest Service. States. NRCS State conservationists who SUMMARY: The Willamette Province Title: Requirements for Patent choose to adopt these practices for use Applications Containing Nucleotide Advisory Committee (PAC) will meet on within their States will incorporate Thursday, April 20, 2000. The meeting Sequence and/or Amino Acid Sequence them into Section IV of their Field Disclosures. is scheduled to begin at 9 a.m., and will Office Technical Guide. These practices conclude at approximately 2 p.m. The Form Numbers: N/A. may be used in conservation systems Agency Approval Number: 0651– meeting will be held at the Salem Office that treat highly erodible land or on of the Bureau of Land Management; 0024. land determined to be wetland. 1717 Fabry Road, SE., Salem, Oregon; Type of Request: Reinstatement, with (503) 375–5646. The tentative agenda DATES: Comments will be received for a change, of a previously approved includes: 60-day period commencing with the collection for which approval has (1) REO update, (2) Information date of publication. This series of new expired. sharing, (3) Public forum; (4) Update on or revised conservation practice Burden: 5,283 hours annually. FS Roadless Area Initiative and Roads standards will be adopted after the close Number of Respondents: 5,601 Strategy, (5) Panel discussion, Fish of the 60-day period. responses annually. management in the Willamette Basin. FOR FURTHER INFORMATION CONTACT: Avg. Hours Per Response: Based on The Public Forum is tentatively Single copies of these standards are PTO time and motion studies, the scheduled to begin at 10:30 a.m. Time available from NRCS–CED in agency estimates that it will take the

VerDate 202000 20:15 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19358 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices public 80 minutes to create a DEPARTMENT OF COMMERCE Department of Commerce, Washington, DC nucleotide/amino acid sequence listing 20230. For more information, contact Lee in an application. In the electronic Bureau of Export Administration Ann Carpenter on (202) 482–2583. version of the sequence listing, EFS BIO, Dated: April 6, 2000. it is estimated that it will take 10 Materials Processing Equipment Lee Ann Carpenter, Technical Advisory Committee; Notice minutes to create and submit a sequence Committee Liaison Officer. of Partially Closed Meeting listing in an application. [FR Doc. 00–8945 Filed 4–10–00; 8:45 am] Needs and Uses: Nucleotide and The Materials Processing Equipment BILLING CODE 3510±JT±M amino acid sequence disclosure Technical Advisory Committee will information is used by the PTO during meet on May 11, 2000, 9:00 a.m., Room the examination process to determine 3884, in the Herbert C. Hoover Building, DEPARTMENT OF COMMERCE the patentability of an application by 14th Street between Pennsylvania and effectively examining the sequences in Constitution Avenues, NW, Washington, Bureau of Export Administration order to process the data more DC. The Committee advises the Office of efficiently. The PTO also uses the data Critical Infrastructure Assurance the Assistant Secretary for Export Office; Announcement of a Workshop after examination to support publication Administration with respect to technical of issued patents. In addition, the on Public Key Infrastructure for questions that affect the level of export Advanced Network Technologies sequences are used by the PTO during controls applicable to materials participation with the European and processing equipment and related AGENCY: Bureau of Export Japanese Patent Offices in a Trilateral technology. Administration, Critical Infrastructure Sequence Exchange project, thereby Assurance Office. Agenda facilitating the international exchange of ACTION: Notice of Public Meeting/ published sequence data. After patent Open Session Workshop. publication, the public and the bar 1. Opening remarks by the Chairman associations can search the nucleotide/ 2. Presentation of papers or comments by SUMMARY: The Critical Infrastructure amino acid sequence listings. the public Assurance Office (CIAO) invites Applicants use the sequence data when 3. Update of Wassenaar Arrangement interested parties to attend a workshop preparing both national and negotiations on April 27–28, 2000, on Public Key international patent applications. 4. Status of Computerized Numerical Infrastructures for Advanced Network Affected Public: Individuals or Controller (CNC) software Technologies. The workshop is households, business or other for-profit 5. Status of definition for ‘‘specially designed to promote the deployment designed’’ and use of a high confidence public key institutions, not-for-profit institutions, 6. Recommendations from the Committee farms, the Federal government, and infrastructure and related security state, local, or tribal governments. Closed Session technologies for advanced networks and Frequency: As applied for when 7. Discussion of matters properly classified distributed government applications in patent applicants submit a patent under Executive Order 12958, dealing with E-commerce and related critical application (both national and the U.S. export control program and strategic systems. criteria related thereto. international applications) containing DATES: The workshop will be held on A limited number of seats will be available nucleotide and/or amino acid sequence April 27–28, 2000, starting at 8:30 am disclosure data within their patent for the open session of the meeting. Reservations are not accepted. To the extent until 5:00 pm. applications. that time permits, members of the public may ADDRESSES: The workshop will be held Respondent’s Obligation: Required to present oral statements of the Committee. at the National Institute of Standards obtain or retain benefits. The public may submit written statements at and Technology (NIST), Building 101, OMB Desk Officer: David Rostker, any time before or after the meeting. Lecture Room A. Gaithersburg, MD, (202) 395–3897. However, to facilitate distribution of public 20899. Attendance is open to all Copies of the above information presentation materials, the Committee interested persons, but seating is collection proposal can be obtained by suggests that presenters forward the materials prior to the meeting date to the following limited. Therefore, registration for calling or writing Linda Engelmeier, attendance will be accepted on a first- Departmental Forms Clearance Officer, address: Ms. Lee Ann Carpenter, OSIES/EA/ BXA MS:3876, U.S. Department of come basis. To register please contact Office of the Chief Information Officer, Wanda Rose at (202) 589–3241 or by E- (202) 482–3272, Department of Commerce, 14th St. & Constitution Ave., NW, Washington, DC 20230. mail: [email protected]. Commerce, Room 5027, 14th and The Assistant Secretary for Administration, FOR FURTHER TECHNICAL INFORMATION Constitution Avenue, NW, Washington, with the concurrence of the General Counsel, CONTACT: Robert Rosenthal, Critical DC 20230 or via e-mail at formally determined on December 11, 1999, Infrastructure Assurance Office, 1800 G [email protected]). pursuant to section 10(d) of the Federal St., NW, 8th floor, Washington, D.C. Written comments and Advisory Committee Act, as amended, that recommendations for the proposed the series of meetings of the Committee and 20006; Phone number: (202) 589–3231; information collection should be sent of any Subcommittees thereof, dealing with E-mail: [email protected]. the classified materials listed in 5 U.S.C. SUPPLEMENTARY INFORMATION: within 30 days of publication to David ∑ Rostker, OMB Desk Officer, Room 552b(c)(1) shall be exempt from the The workshop is designed to provisions relating to public meetings found promote the deployment and use of a 10202, New Executive Office Building, in section 10(a)(1) and (a)(3), of the Federal Washington, DC 20503. high confidence public key Advisory Committee Act. The remaining infrastructure and related security Dated: April 4, 2000. series of meetings or portions thereof will be technologies for advanced networks and Linda Engelmeier, open to the public. A copy of the Notice of Determination to distributed government applications in Departmental Forms Clearance Officer, Office close meetings or portions of meetings of the E-commerce and related critical systems of the Chief Information Officer. Committee is available for public inspection in banking and finance, energy, [FR Doc. 00–8882 Filed 4–10–00; 8:45 am] and copying in the Central Reference and transportation, and telecommunications BILLING CODE 3510±16±P Records Inspection Facility, Room 6020, U.S. sectors.

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∑ The workshop is intended to FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: April 11, 2000. contribute to the development of Brian Smith or Terre Keaton, Import FOR FURTHER INFORMATION CONTACT: Eric collaborative interagency research and Administration, International Trade Greynolds or Michael Grossman, at development agenda executed under the Administration, U.S. Department of (202) 482–6071 or (202) 482–3146, High Confidence Systems and Software, Commerce, 14th Street and Constitution respectively, AD/CVD Enforcement, Large Scale Networking, and Critical Avenue, NW, Washington, DC 20230; Office VI, Group II, Import Infrastructure Protection Research and telephone: (202) 482–1766 or (202) 482– Administration, International Trade Development Programs. 1280, respectively. Administration, U.S. Department of ∑ The workshop is designed to Postponement of Final Results of Commerce, 14th Street and Constitution identify opportunities for U.S. Review Ave, NW, Washington, DC 20230. government agencies to develop collaborative experiments and test beds The Department of Commerce (‘‘the Time Limits that address issues related to scalability, Department’’) published the preliminary Statutory Time Limits interoperability, testing and robustness results of the second antidumping in the face of attacks on public key administrative review and third new Section 751(a)(3)(A) of the Tariff Act infrastructure systems; and to facilitate shipper review on brake rotors from the of 1930, as amended (the Act), requires discussion between people who People’s Republic of China (‘‘PRC’’) on the Department of Commerce (‘‘the understand public key infrastructure December 29, 1999 (64 FR 73007). The Department’’) to make a preliminary technology and those who might current deadline for the final results in determination within 245 days after the propose policies and legal frameworks. these reviews is April 27, 2000. In last day of the anniversary month of an ∑ In addition, the workshop will accordance with section 751(a)(3)(A) of order/finding for which a review is explore technology transfer the Tariff Act of 1930 (‘‘the Act’’), as requested. However, if it is not opportunities that enable new markets amended, we determine that it is not practicable to complete the preliminary for next generation public key practicable to complete these reviews results of review within this time infrastructures for the Internet and will within the original time frame because period, section 751(a)(3)(A) of the Act facilitate movement of public key of the Department’s decision to verify allows the Department to extend the infrastructure towards becoming a high certain respondents in these reviews time limit for the preliminary confidence assured Internet service. (see March 29, 2000, letter from Deputy determination to a maximum of 365 Copies of the agenda for the workshop Assistant Secretary Richard W. days. will be available on CIAO’s web site: Moreland to Mr. Leslie Glick, counsel Background www.CIAO.gov. for the petitioner in these reviews). We are currently unable to conduct On October 1, 1999, the Department William A. Reinsch, verification and allow sufficient published a notice of initiation of Under Secretary for Export Administration. opportunity for the submission of administrative review of the [FR Doc. 00–8944 Filed 4–10–00; 8:45 am] interested party comments, prior to the countervailing duty order on certain BILLING CODE 3510±33±M current final results deadline. Thus, in cut-to-length carbon steel plate from accordance with section 751(a)(3)(A) of Mexico, covering the period January 1, the Act and section 351.213(h)(2) of the 1998 through December 31, 1998 (64 FR DEPARTMENT OF COMMERCE Department’s regulations, the 53318). The preliminary results are currently due no later than May 2, 2000. International Trade Administration Department is extending the time limit for completion of the final results of Extension of Time Limit for Preliminary [A±570±846] these reviews until October 24, 2000, Results of Review which is 300 days after the date on Brake Rotors From the People's which the notice of the preliminary We determine that it is not practicable Republic of China: Postponement of results was published in the Federal to complete the preliminary results of Final Results of Second Antidumping Register. this review within the original time Duty Administrative Review and Third limit. Therefore the Department is New Shipper Review Dated: April 4, 2000. extending the time limit for completion Richard W. Moreland, of the preliminary results until no later AGENCY: Import Administration, Deputy Assistant Secretary for Import than August 30, 2000. See Decision International Trade Administration, Administration. Memorandum from John Brinkmann, Department of Commerce. [FR Doc. 00–8986 Filed 4–10–00; 8:45 am] Acting Director, AD/CVD Enforcement, ACTION: Notice of extension of the time BILLING CODE 3510±DS±P Office VI, to Holly Kuga, Acting Deputy limit for the final results in the second Assistant Secretary for Import antidumping duty administrative review Administration, Group II, which is on and third new shipper review of the DEPARTMENT OF COMMERCE file in the Central Records Unit, Room antidumping duty order on brake rotors B–099 of the main Commerce building. International Trade Administration from the People’s Republic of China. We intend to issue the final results no later than 120 days after the publication SUMMARY: The Department of Commerce [A±201±810] of the preliminary results notice. is extending the time limit for the final Certain Cut-to-Length Carbon Steel results of the second antidumping duty This extension is in accordance with Plate From Mexico: Extension of Time administrative review and third new section 751(a)(3)(A) of the Act. Limit for Preliminary Results of shipper review of the antidumping duty Dated: April 5, 2000. Countervailing Duty Administrative order on brake rotors from the People’s Holly Kuga, Review Republic of China. This review covers Acting Deputy Assistant Secretary for Import the period April 1, 1998, through March AGENCY: Import Administration, Administration, Group II. 31, 1999. International Trade Administration, [FR Doc. 00–8985 Filed 4–10–00; 8:45 am] EFFECTIVE DATE: April 11, 2000. Department of Commerce. BILLING CODE 3510±DS±P

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DEPARTMENT OF COMMERCE the Commission of the magnitude of the order on EL FPDs would be likely to margin likely to prevail were the order lead to continuation or recurrence of International Trade Administration to be revoked (see Electroluminescent dumping and material injury to an [A±588±817] Flat Panel Displays and Display Glass industry in the United States, pursuant From Japan; Final Results of to section 751(d)(2) of the Act, the Continuation of Antidumping Duty Antidumping Duty Sunset Review, 65 Department hereby orders the Order: Electroluminescent Flat Panel FR 11979 (March 7, 2000)). continuation of the antidumping duty Displays and Display Glass From On March 30, 2000, the Commission order on EL FPDs from Japan. The Japan determined, pursuant to section 751(c) Department will instruct the U.S. of the Act, that revocation of the Customs Service to continue to collect AGENCY: Import Administration, antidumping duty order on antidumping duty deposits at the rates International Trade Administration, electroluminescent flat panel displays in effect at the time of entry for all Department of Commerce. and display glass from Japan would be imports of subject merchandise. The ACTION: Notice of Continuation of likely to lead to continuation or effective date of continuation of this Antidumping Duty Order: recurrence of material injury to an order will be the date of publication in Electroluminescent Flat Panel Displays industry in the United States within a the Federal Register of this Notice of and Display Glass from Japan. reasonably foreseeable time (see Continuation. Pursuant to section Electroluminescent Flat Panel Displays 751(c)(2) and 751 (c)(6)(A) of the Act, SUMMARY: On August 2, 1999, the From Japan, 65 FR 16962 (March 30, the Department intends to initiate the Department of Commerce (‘‘the 2000) and USITC Publication 3285, next five-year review of this orders not Department’’), pursuant to sections Investigation No. 731–TA–469 (Review) later than March 2005. 751(c) and 752 of the Tariff Act of 1930, (March 2000)). as amended (‘‘the Act’’), determined Dated: April 5, 2000. Scope that revocation of the antidumping duty Joseph A. Spetrini, order on electroluminescent flat panel The product covered by this Acting Assistant Secretary for Import displays and display glass (‘‘EL FPD’’) antidumping duty order covers EL FPDs Administration. from Japan is likely to lead to from Japan. EL FPDs are large area, [FR Doc. 00–8984 Filed 4–10–00; 8:45 am] continuation or recurrence of dumping matrix addressed displays, no greater BILLING CODE 3510±DS±P (64 FR 41915). On March 30, 2000, the than four inches in depth, with a pixel International Trade Commission (‘‘the count of 120,000 or greater, whether Commission’’), pursuant to section complete or incomplete, assembled or DEPARTMENT OF COMMERCE 751(c) of the Act, determined that unassembled. EL FPDs incorporate a International Trade Administration revocation of the antidumping duty matrix of electrodes that, when order on EL FPD from Japan would be activated, apply an electrical current to [C±508±605] likely to lead to continuation or a solid compound of electroluminescent recurrence of material injury to an material (e.g., zinc sulfide) causing it to Industrial Phosphoric Acid From industry in the United States within a emit light. Included are monochromatic, Israel: Notice of Extension of Time reasonably foreseeable time (65 FR limited color, and full color displays Limit for Countervailing Duty 16962). Therefore, pursuant to 19 CFR used to display text, graphics, and Administrative Review video. EL FPDs, whether or not 351.218(f)(4), the Department is AGENCY: Import Administration, integrated with additional components, publishing notice of the continuation of International Trade Administration, exclusively dedicated to and designed the antidumping duty order on EL FPD Department of Commerce. from Japan. for use in EL FPDs, is defined as processed glass substrates that EFFECTIVE DATE: April 11, 2000. EFFECTIVE DATE: April 11, 2000. incorporate patterned row, column, or SUMMARY: The Department of Commerce FOR FURTHER INFORMATION CONTACT: both types of electrodes and, also, (the Department) is extending the time Martha V. Douthit or Carole A. Showers, typically incorporate a material that limit for the preliminary results of the Office of Policy for Import reacts to a change in voltage (e.g., administrative review of the Administration, International Trade phosphor) and contact pads for countervailing duty order on industrial Administration, U.S. Department of interconnecting drive electronics. phosphoric acid from Israel. The review Commerce, 14th Street and Constitution All types of FPDs are currently covers the period January 1, 1998 Ave., NW, Washington, DC 20230; classifiable under subheadings 8543, through December 31, 1998. telephone: (202) 482–5050 or (202) 482– 8803, 9013, 9014, 9017.90.00, 9018, FOR FURTHER INFORMATION CONTACT: 3217, respectively. 9022, 9026, 9027, 9030, 9031, Sean Carey or Jonathan Lyons, AD/CVD SUPPLEMENTARY INFORMATION: 8471.92.30, 8471.92.40, 8473.10.00, Enforcement Office 7, Import Background 8473.21.00, 8473.30.40, 8442.40.00, Administration, International Trade 8466, 8517.90.00, 8528.10.80, Administration, U.S. Department of On August 2, 1999, the Department 8529.90.00, 8531.20.00, 8531.90.00, and Commerce, 14th Street and Constitution initiated, and the Commission 8541 of the Harmonized Tariff Schedule Avenue, NW, Washington, DC 20230, instituted, a sunset review (64 FR 41915 (‘‘HTS’’). Although the HTS telephone: (202) 482–3964 or (202) 482– and 64 FR 41951, respectively) of the subheadings are provided for 0374, respectively. antidumping duty order on convenience and customs purposes, our Postponement of Preliminary Results of electroluminescent flat panel displays written description of the scope of this Review and display glass from Japan pursuant proceeding is dispositive. to section 751(c) of the Act. As a result On October 1, 1999, the Department of its review, the Department found that Determination published a notice of initiation of an revocation of the antidumping duty As a result of the determinations by administrative review of the order would likely lead to continuation the Department and the Commission countervailing duty order on industrial or recurrence of dumping and notified that revocation of the antidumping duty phosphoric acid from Israel, covering

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19361 the period January 1, 1998 through FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Dan December 31, 1998 (64 FR 53318). The Karyl Brewster-Geisz, (301) 713–2347. Waldeck, Pacific Fishery Management preliminary results are currently due no SUPPLEMENTARY INFORMATION: In a Council; 503–326–6352. later than May 2, 2000. September 1997 Report to Congress, SUPPLEMENTARY INFORMATION: The Section 751(a)(3)(A) of the Tariff Act, NMFS identified north Atlantic addresses of the locations are: as amended (the Act), requires the swordfish, west Atlantic Bluefin tuna, NMFS, Southwest Fisheries Science Department to make a preliminary and large coastal sharks as overfished. Center, Large Conference Room, 8604 La determination within 245 days after the The HMS FMP, including a final Jolla Shores Drive, La Jolla, CA 92038; last day of the anniversary month of an environmental impact statement, was NMFS Southwest Region, Conference order/finding for which a review is published in April, 1999, to comply Room, 501 W. Ocean Blvd., Long Beach, requested. However, if it is not with provisions of the Magnuson- CA 90802; practicable to complete the preliminary Stevens Fishery Conservation and NMFS Pacific Conference Room, 525 results within this time period, section Management Act for fisheries identified NE. Oregon, Portland, OR 97232; 751(a)(3)(A) of the Act allows the as overfished, and the final rule NMFS Northwest Region, Regional Department to extend the time limit for implementing actions included in the Directors Conference Room, 7600 Sand a preliminary determination to a HMS FMP and Amendment 1 to the Point Way NE., Bldg. 1, Seattle, WA maximum of 365 days. Atlantic Billfish Fishery Management 98115. We determine that it is not practicable Plan was published on May 28, 1999 (64 The primary purposes of the work to complete the preliminary results of FR 29090). Since the publication of the session are to: (1) discuss organization this review within the original time HMS FMP, a number of typographical and outline of the Fisheries limit. Therefore, the Department is mistakes and other errors have been Management Plan (FMP) for Highly extending the time limit for completion noted throughout its three volumes. The Migratory Species (HMS); and (2) for of the preliminary results to no later first errata sheet was announced on HMSPDT members to report progress on than August 30, 2000. See December 14, 1999 (64 FR 69742). The draft sections of the FMP. Memorandum from Richard O. Weible second errata sheet corrects errors that Management measures that may be to Joseph A. Spetrini, dated April 5, were noted since then. adopted in the FMP for HMS Fisheries 2000, which is on file in the Central Dated: April 5, 2000 off the West Coast include permit and Records Unit, Room B–099 of the main reporting requirements for commercial Gary C. Matlock, Commerce Building. This extension is and recreational harvest of HMS in accordance with section 751(a)(3)(A) Director, Office of Sustainable Fisheries, resources, time and/or area closures to National Marine Fisheries Service. of the Act. minimize gear conflicts or bycatch, [FR Doc. 00–8870 Filed 4–10–00; 8:45 am] Dated: April 5, 2000. adoption or confirmation of state BILLING CODE 3510±22±F Joseph A. Spetrini, regulations for HMS fisheries, and Deputy Assistant Secretary Enforcement allocations of some species to non- commercial use. The FMP is likely to Group III. DEPARTMENT OF COMMERCE [FR Doc. 00–8983 Filed 4–10–00; 8:45 am] include a framework management process to add future new measures, BILLING CODE 3510±DS±P National Oceanic and Atmospheric Administration including the potential for collaborative management efforts with other regional DEPARTMENT OF COMMERCE fishery management councils with [I.D. 033000A] interests in HMS resources. It would National Oceanic and Atmospheric Pacific Fishery Management Council; also include essential fish habitat and Administration Public Meeting habitat areas of particular concern, including fishing and non-fishing [I.D. 040400A] AGENCY: National Marine Fisheries threats, as well as other components of Atlantic Highly Migratory Species Service (NMFS), National Oceanic and FMPs required under the Magnuson- (HMS) Fishery Management Plan; Atmospheric Administration (NOAA), Stevens Fishery Conservation and Second Errata Sheet Commerce. Management Act (Magnuson-Stevens Act). ACTION: Notice of public meeting. AGENCY: National Marine Fisheries The proposed FMP, and its associated Service (NMFS), National Oceanic and SUMMARY: The Pacific Fishery regulatory analyses, would be the Atmospheric Administration (NOAA), Management Council’s (Council) Highly Council’s fourth FMP for the exclusive Commerce. Migratory Species Plan Development economic zone off the West Coast. ACTION: Notice of availability. Team (HMSPDT) will hold a video Development of the FMP is timely, conference work session. considering the new mandates under SUMMARY: NMFS announces the the Magnuson-Stevens Act, efforts by DATES: availability of a second errata sheet for The work session will be held on the United Nations to promote the Fishery Management Plan for Wednesday, April 26, 2000, from 8:30 conservation and management of HMS Atlantic Tunas, Swordfish, and Sharks a.m. to 4:30 p.m. resources through domestic and (HMS FMP) published in April, 1999. ADDRESSES: The video conference will international programs, and the ADDRESSES: Copies of the HMS FMP, be accessible to the public via viewing increased scope of activity of the Inter- both errata sheets, the final rule, and stations at the NMFS offices in La Jolla, American Tropical Tuna Commission in supporting documents can be obtained CA; Long Beach, CA; Portland, OR; and HMS fisheries in the eastern Pacific from Rebecca Lent, Chief, Highly Seattle WA. See SUPPLEMENTARY Ocean. Migratory Species Management INFORMATION for the addresses. Although non-emergency issues not Division, Office of Sustainable Council address: Pacific Fishery contained in the HSMPDT meeting Fisheries, NMFS, 1315 East-West Management Council, 2130 SW Fifth agenda may come before the HMSPDT Highway, Silver Spring, MD 20910. Avenue, Suite 224, Portland, OR 97201. for discussion, those issues may not be

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19362 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices the subject of formal HMSPDT action 6. Turtle management and recent meeting of its Coral Reef Ecosystem Plan during these meetings. HMSPDT action litigation; Team, Ecosystem and Habitat Advisory will be restricted to those issues 7. Bycatch categories; Panel, Bottomfish Plan Team and specifically listed in this document and 8. National Plan of Action-Fishing Advisory Panel, CPT/AP, Precious any issues arising after publication of Capacity; Corals Plan Team and Advisory Panel, this document that require emergency 9. Marine debris; and Native and Indigenous Rights action under section 305(c) of the 10. Area closure for large pelagic Advisory Panel (joint advisory body Magnuson-Stevens Act, provided the fishing vessels around the islands of meeting). The primary purpose of the public has been notified of the American Samoa; joint meeting is to work toward HMSPDT’s intent to take final action to 11. Managing seabird-longline fishery consensus on preferred measures to be address the emergency. interactions; included in the coral reef ecosystem 12. 6th Multi-lateral High Level fishery management plan and provide Special Accommodations Conference; direction on how to fully address The meeting is physically accessible 13. Other international fishery issues; revisions and requirements. 14. Review of Pelagics Advisory Panel to people with disabilities. Requests for DATES: recommendations; and The meetings will be held April sign language interpretation or other 25–28, 2000. See SUPPLEMENTARY auxiliary aids should be directed to Mr. 15. Other business as required. Although non-emergency issues not INFORMATION for specific dates and John Rhoton at 503–326–6352 at least 5 times. days prior to the meeting date. contained in this agenda may come before this Council for discussion, those ADDRESSES: The meetings will be held Dated: April 5, 2000. issues may not be the subject of formal in Honolulu, Hawaii. See Richard W. Surdi, Council action during this meeting. SUPPLEMENTARY INFORMATION for specific Acting Director, Office of Sustainable Council action will be restricted to those locations. Fisheries, National Marine Fisheries Service. issues specifically listed in this notice Council address: Western Pacific [FR Doc. 00–8942 Filed 4–10–00; 8:45 am] and any issues arising after publication Fishery Management Council, 1164 BILLING CODE 3510±22±F of this notice that require emergency Bishop Street, Honolulu, Hawaii, 96813 action under section 305(c) of the FOR FURTHER INFORMATION CONTACT: Magnuson-Stevens Fishery Kitty M. Simonds, Executive Director, DEPARTMENT OF COMMERCE Conservation and Management Act, Western Pacific Fishery Management provided the public has been notified of National Oceanic and Atmospheric Council; (808) 522–0220. the Council’s intent to take final action Administration SUPPLEMENTARY INFORMATION: to address the emergency. [I.D. 040300F] Meeting Dates, Times, Locations and Special Accommodations Agendas Western Pacific Fishery Management This meeting is physically accessible The joint advisory bodies will discuss Council; Public Meeting to people with disabilities. Requests for and may make recommendations to the sign language interpretation or other AGENCY: National Marine Fisheries Council on the agenda items listed here. auxiliary aids should be directed to Service (NMFS), National Oceanic and The order in which agenda items will be Kitty M. Simonds, 808–522–8220 Atmospheric Administration (NOAA), addressed is tentative. (voice) or 808–522–8226 (fax), at least 5 Commerce. Tuesday, April 25, 2000, from 9:00– days prior to meeting date. 5:00 p.m.—BPT meeting jointly with ACTION: Notice of public meeting. Dated: April 4, 2000. CPT/AP SUMMARY: The Western Pacific Fishery Bruce C. Morehead, Location: Western Pacific Fishery Management Council’s (Council) Acting Director, Office of Sustainable Management Council office conference Pelagics Plan Team (PPT) members will Fisheries, National Marine Fisheries Service. rooms, 1164 Bishop Street, Honolulu, hold a meeting. [FR Doc. 00–8871 Filed 4–10–00; 8:45 am] Hawaii, 96813 (808) 522–0220. 1. Environmental Impact Statements DATES: The meeting will be held May 2, BILLING CODE 3510±22±F 2000 through May 4, 2000, from 8:30 (EISs) for Bottomfish and Crustaceans a.m. to 5:00 p.m. each day. Fishery Management Plans (FMPs) 2. Addition of Commonwealth of the ADDRESSES: DEPARTMENT OF COMMERCE The meeting will be held at Northern Mariana Islands and Pacific the Council office, 1164 Bishop St., National Oceanic and Atmospheric Remote Island Areas to Crustaceans Suite 1400, Honolulu, HI 96813. Administration FMP. FOR FURTHER INFORMATION CONTACT: A. Management Unit Species (MUS) [I.D. 040400D] Kitty M. Simonds, Executive Director; to be included telephone: 808–522–8220. Western Pacific Fishery Management B. Initial management measures SUPPLEMENTARY INFORMATION: The PPT Council; Public Meeting C. Other issues meeting will discuss and may make 3. Bycatch reporting (Sustainable recommendations to the Council on the AGENCY: National Marine Fisheries Fisheries Act (SFA) requirement). following agenda items: Service (NMFS), National Oceanic and Tuesday, April 25, 2000, at 10:30 1. Pelagic fisheries annual report Atmospheric Administration (NOAA), a.m.—CPT/AP and BPT meet separately modules; Commerce. Location: Western Pacific Fishery 2. 1st quarter 2000 Hawaii and ACTION: Notice of public meetings. Management Council office conference American Samoa longline fishery report; rooms, 1164 Bishop Street, Honolulu, 3. Results of tagging of yellowfin and SUMMARY: The Western Pacific Regional Hawaii, 96813 (808) 522–0220. bigeye in Hawaii; Fishery Management Council will hold 4. Shark fishery management; a joint meeting of its Bottomfish Plan BPT 5. Report of Recreational Fisheries Team (BPT), Crustaceans Plan Team and 1. Amendments and framework Data Task Force; Advisory Panel (CPT/AP), and a joint actions

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A. Mau zone new entry criteria 1. Summary of Council’s modified 1. Final discussion and B. Coral Reef Plan permitting preferred alternative for draft Coral Reef recommendations to Council on above measures Ecosystem FMP/preliminary draft issues (i) Non-managed species in environmental impact statement 2. Other business Northwestern Hawaiian Islands (NWHI) A. Fishing permit and reporting Although non-emergency issues not caught in bottomfish fishery requirements contained in this agenda may come (ii) Non-managed species in main B. Allowable fishing gear and before this Council for discussion, those Hawaiian Islands caught in bottomfish methods issues may not be the subject of formal fishery C. Marine Protected Areas (MPAs) Council action during this meeting. 2. Annual Report review and D. Framework actions Council action will be restricted to those development of research plan for E. Formal process for PT coordination issues specifically listed in this notice bottomfish fisheries 2. Review of impacts or concerns and any issues arising after publication A. Review Status of 1998 Annual regarding existing FMP fisheries and of this notice that require emergency Report Recommendations coral reefs (habitat, protected species, action under section 305(c) of the B. Identify problems and possible ecosystem, other) Magnuson-Stevens Fishery solutions for uncompleted A. Bottomfish Conservation and Management Act, recommendations B. Crustaceans provided the public has been notified of C. Review 1999 Annual Report C. Precious Corals the Council’s intent to take final action D. Indigenous rights modules and recommendations to address the emergency. 3. Review of previous advisory body (i) American Samoa recommendations on draft FMP Special Accommodations (ii) Guam A. MPAs (location, size, restrictions) (iii) Hawaii This meeting is physically accessible B. Allowable gear/use to people with disabilities. Requests for (iv) Northern Mariana Island C. Permit and reporting requirements D. 1999 Annual Report region-wide sign language interpretation or other D. Framework actions auxiliary aids should be directed to recommendations E. MUS E. Research plan for Western Pacific F. SFA/Essential Fish Habitat(EFH) Kitty M. Simonds (see FOR FURTHER Region bottomfish fisheries G. Other INFORMATION CONTACT) at least 5 days (i) Review other bottomfish research 4. Discussion toward consensus on prior to the meeting dates. needs (annual report recommendations, preferred measures Dated: April 5, 2000. program planning, NMFS, etc.) A. Permit & reporting/report form/ Bruce C. Morehead, (ii) Consider new information needs MUS Acting Director, Office of Sustainable and develop recommendations B. Gear/methods Fisheries, National Marine Fisheries Service. (iii) Prioritize research needs and C. MPAs: location/boundaries/ [FR Doc. 00–8941 Filed 4–10–00; 8:45 am] recommendations restrictions BILLING CODE 3510±22±F 3. Other business D. Framework actions/additions E. SFA/EFH/Habitat Areas of CPT/AP Particular Concern DEPARTMENT OF COMMERCE 1. Stock Assessment and Fishery F. Research plans Economics Report G. Process for PT coordination National Oceanic and Atmospheric A. 1999 Annual Report Thursday, April 27, 2000, from 8:30 Administration B. Strategy for future stock a.m.–12:00 noon—joint advisory body assessments meeting [I.D. 032800C] 2. 2000 lobster harvest guideline Location: Pagoda Hotel East Ballroom, Fisheries of the Exclusive Economic 3. Research plans 1525 Rycroft Street, Honolulu, Hawaii; Zone Off Alaska; Application for an A. Industry-NMFS cooperative (808) 941–6611. Exempted Fishing Permit research agreement Continue discussion toward B. NMFS plan for lobster tagging consensus on preferred measures AGENCY: National Marine Fisheries C. Other comprehensive research Thursday, April 27, 2000, from 1:30– Service (NMFS), National Oceanic and needed 5:00 p.m.—Coral Reef Plan Team and Atmospheric Administration (NOAA), 4. Consideration of amendment to Ecosystems & Habitat Advisory Panel, Commerce. replace NWHI lobster assessment model BPT and Advisory Panel, CPT/AP, ACTION: Notice of receipt of an A. Review of Council action Precious Corals Plan Team and application for an exempted fishing B. Aspects for developing a fully Advisory Panel, and Native and permit. integrated dynamic model Indigenous Rights Advisory Panel, C. Proposed amendment options/ meeting separately SUMMARY: This notice announces receipt schedule Location: Western Pacific Fishery of a joint application for an exempted D. Five-year review (due June 2001) Management Council office conference fishing permit (EFP) from Groundfish 5. Possible additions to Crustaceans rooms, 1164 Bishop Street, Honolulu, Forum Inc. and At-Sea Processors MUS (e.g., shrimp, red crab) Hawaii, 96813 (808) 522–0220. Association. If awarded, this permit 6. Revision to address SFA Further discussion of issues from would be used for limited testing of a overfishing requirements above device for the Pacific cod fisheries in 7. Other business Friday, April 28, 2000, from 8:30–5:00 the Bering Sea and Gulf of Alaska that 8. Summary of recommendations p.m.—Separate meetings: each advisory would lower halibut bycatch rates Wednesday, April 26, 2000, from 9:00 body meets separately (or joint Plan without significantly lowering catch a.m.–5:00 p.m.—Joint advisory body Team and Advisory Panel) rates of Pacific cod. It is intended to meeting Location: Western Pacific Fishery promote the objectives of the Fishery Location: Pagoda Hotel International Management Council office conference Management Plan for Groundfish of the Ballroom, 1525 Rycroft Street, rooms, 1164 Bishop Street, Honolulu, Gulf of Alaska and the Fishery Honolulu, Hawaii; (808) 941–6611. Hawaii, 96813 (808) 522–0220. Management Plan for the Groundfish

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Fishery of the Bering Sea and Aleutian DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE Islands Area (FMPs). Department of the Air Force Department of the Air Force ADDRESSES: Copies of the EFP application are available by writing to Notice of Availability (NOA) of Record Notice of Intent To Grant Exclusive Sue Salveson, Assistant Regional of Decision (ROD) on the Realistic Patent Licenses Administrator for Sustainable Fisheries, Bomber Training Initiative (RBTI) Final Pursuant to the provisions of Part 404 Alaska Region, NMFS, P.O. Box 21668, Environmental Impact Statement Juneau, AK 99802, Attn: Lori Gravel. of Title 37, Code of Federal Regulations (FEIS) (CFRs), which implements Public Law FOR FURTHER INFORMATION CONTACT: Sue 96–517, the Department of the Air Force Salveson, 907–586–7228. On March 24, 2000, the United States announces its intention to grant PDR, Air Force signed the Record of Decision SUPPLEMENTARY INFORMATION: The FMPs Inc., a company doing business in (ROD) for the RBTI training proposal, Foxboro, MA, exclusive licenses in any and the implementing regulations at 50 and has selected Alternative B (Lancer CFR parts 679.6 and 600.745(b) right, title and interest the Air Force has Military Operations Area (MOA) and authorize issuance of EFPs to allow in U.S. Patent Application Nos. 09/ Instrument Route 178) for fishing that would otherwise be 299,928 and 09/300,053, respectively. implementation. RBTI is designed to prohibited. Procedures for issuing EFPs The first listed invention is entitled more effectively and efficiently train B– ‘‘Method and Apparatus for Depositing are contained in the implementing Thin Films of Group III Nitrides and regulations. 1 and B–52 aircrews assigned to Dyess and Barksdale Air Force Bases (AFBs). Other Films and Devices Made NMFS received a joint application for RBTI proposes linking existing military Therefrom’’ with the second invention an EFP from Mr. John Gauvin, training routes (with minor entitled ‘‘Process for the Manufacture of Groundfish Forum Inc. and Mr. Trevor modifications) to the proposed Lancer Group III Nitride Targets for Use in McCabe, At-Sea Processors Association. MOA, and an electronic scoring site Sputtering and Similar Equipment.’’ The purpose of the EFP would be to system. RBTI will provide realistic Each invention is related to making GaN conduct limited testing of a device for combat training by providing sequenced films and products and both the Pacific cod fisheries in the Bering training scenarios closely resembling applications were filed in the U.S. Sea and Gulf of Alaska that would lower combat situations that require every Patent and Trademark Office on April Pacific halibut bycatch rates without crewmember working together to 27, 1999. significantly lowering catch rates of cod. Each license described above will be successfully complete. Lastly, RBTI will The project would be conducted in granted unless an objection thereto, coordination with gear development also make more efficient use of limited together with a request for an scientists at the Alaska Fisheries flight hours by reducing low-value opportunity to be heard, if desired, is Science Center, NMFS, who would help transit time to current training ranges. received in writing by the addressee set the applicants select the most promising Based on the analysis presented in the forth below within 60 days from the Pacific halibut excluder design for FEIS released in February, agency input, date of publication of this Notice. testing using criteria set out in the EFP and public comments, the Air Force has Information concerning the application application. Results from the EFP could selected the alternative that will best may be obtained, on request, from the be used by the groundfish trawl achieve their goal of balancing readiness same addressee. industry, the North Pacific Fishery training with environmental and All communications concerning this Management Council (Council), and community concerns. Where feasible, Notice should be sent to Mr. Randy NMFS to develop fishing methods or the Air Force developed mitigation Heald, Associate General Counsel effective regulatory measures to reduce measures and/or management actions to (Acquisition), SAF/GCQ, 1500 Wilson halibut bycatch in the Pacific cod trawl minimize the environmental impact and Blvd., Suite 304, Arlington, VA 22209– fisheries. address concerns and comments of 2310. Mr. Heald can be reached at 703– 588–5091 or by fax at 703–588–8037. In accordance with regulations, NMFS agencies and the public. Additionally, has determined that the proposal the Federal Aviation Administration Janet A. Long, warrants further consideration and has (FAA) was a cooperating agency in the Air Force Federal Register Liaison Officer. initiated consultation with the Council preparation of the FEIS. The Air Force [FR Doc. 00–8864 Filed 4–10–00; 8:45 am] by forwarding the application to the will continue to work with the FAA, BILLING CODE 5001±05±P Council. The Council will consider the other federal and state agencies, and EFP application during its April 12 - 17, local communities to solicit their inputs 2000, meeting, which will be held at the during and after the establishment of the DEPARTMENT OF ENERGY Hilton Hotel, Anchorage, AK. The RBTI. applicants have been invited to appear Any questions regarding this matter Notice of Availability of a Financial in support of the application if the Assistance Solicitation applicant desires. should be directed to the Dyess AFB Public Affairs Office, 466 5th Street, AGENCY: U.S. Department of Energy A copy of the application is available Dyess AFB, TX 79607 or call 915–696– (DOE), National Energy Technology for review from NMFS (see ADDRESSES). 2861. Laboratory (NETL). Authority: 16 U.S.C. 1801 et seq. ACTION: Notice of Availability of a Janet A. Long, Dated: April 5, 2000. Financial Assistance Solicitation. Air Force Federal Register Liaison Officer. George H. Darcy, [FR Doc. 00–8863 Filed 4–10–00; 8:45 am] SUMMARY: The Department of Energy Acting Director, Office of Sustainable BILLING CODE 5001±05±P announces that it intends to conduct a Fisheries, National Marine Fisheries Service. competitive Program Solicitation (DE– [FR Doc. 00–8943 Filed 4–10–00; 8:45 am] PS26–00BC15304) and award financial BILLING CODE 3510±22±F assistance (cooperative agreements) for

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19365 the program entitled ‘‘Identification and not be accepted and/or honored. Using a regional approach where the Demonstration of Preferred Upstream Applications must be prepared and projects will have a wide applicability, Management Practices (PUMP) for the submitted in accordance with the an integrated approach scheduling tasks Oil Industry.’’ The Department of instructions and forms contained in the along parallel paths to facilitate a Energy (DOE) National Energy solicitation. The actual solicitation quicker response, and operating with Technology Laboratory (NETL), on document will allow for requests for existing networks, the production behalf of the National Petroleum explanation and/or interpretation. results in the field should be Technology Office (NTPO), seeks cost- Background: The National Petroleum accelerated. The documentation and shared research and development Technology Office of the Department of evaluation of the PMP will be a valuable applications for identification of Energy (DOE) Office of Fossil Energy resource to all producers in the preferred management practices (PMP) (FE) has authorized DOE’s National applicable area and possibly other addressing a production barrier in a Energy Technology Lab (NETL) to act on regions as well. region and the documentation of these its behalf and solicit cost-shared This program expects near-term practices for use by the oil industry. The applications for identification of results and actions that will create data near-term goal is to increase current preferred management practices (PMP) or technological resources suitable for domestic oil production quickly. addressing a production barrier in a long-term use. Teaming is encouraged Awards will be made to a limited region and the documentation of these and the proposal partners could number of applicants based on the practices for use by the industry. The include, but not be limited to, economic and technical merit of the near-term goal is to increase current producers, producer organizations, application, the integrated approach and domestic oil production quickly. universities, service companies, State technical understanding, the technical The mission of the Department of agencies or organizations, non-Federal and management capabilities of the Energy’s Fossil Energy Oil Program is research laboratories, and Native applicant organization(s), the planned driven by the needs of the oil producers. American Tribes or Corporations. They technology transfer activities, and The overall program is designed to will demonstrate practices and/or availability of DOE funding. develop unique technologies and technologies that can increase processes to locate untapped resources; FOR FURTHER INFORMATION CONTACT: production, increase cost savings, or to extend the life of domestic energy Keith R. Miles, U.S. Department of rapid returns on the capital investments resources; and to reduce well Energy, National Energy Technology of the operators. New technologies/ abandonment—all essential to Laboratory, Acquisition and Assistance processes or under-used but effective maximizing the production of domestic applications of existing technologies/ Division, P.O. Box 10940, MS 921–143, resources while protecting our Pittsburgh PA 15236–0940, Telephone: processes critical to a region will be environment. The National Petroleum demonstrated. (412) 386–5984, FAX: (412) 386–6137, Technology Office’s Preferred Upstream The DOE will make publicly available E-mail: [email protected]. Management Practices (PUMP) program over the Internet the data on preferred SUPPLEMENTARY INFORMATION: as a part of this overall goal is designed practices resulting from this program. Solicitation Number: DE–PS26– to facilitate production of existing oil The resulting publicly available 00BC15304. reserves more quickly without databases of the preferred practices will Awards: DOE anticipates issuing sacrificing efficiency or environmental be interactive, Internet accessible, financial assistance (cooperative protection. agreements) for each project selected. Based on prior successful results from should include both technologies and DOE reserves the right to support or not demonstrations of under-utilized or practices, and address constraints in the support, with or without discussions, advanced technology coupled with exploration, production, or any or all applications received in reservoir characterization, the DOE Oil environmental areas. whole or in part, and to determine how Program seeks to demonstrate that the Issued in Pittsburgh, PA on April 4, 2000. many awards will be made. Subject to identification and use of PMP can Dale A. Siciliano, availability of funding, DOE expects to overcome regional constraints to Deputy Director, Acquisition and Assistance provide funds totaling $4.8 million. The increased production. The program will Division. program seeks to sponsor projects for a accept proposals that combine the [FR Doc. 00–8892 Filed 4–10–00; 8:45 am] single budget/project period of 24 identification of preferred management BILLING CODE 6450±01±P months or less. Due to the low risk and practices (PMP) to overcome regional near-term nature of the PUMP program production constraints and aggressive and the potential for a process or technology transfer that will promote DEPARTMENT OF ENERGY technology demonstration, all the use of those practices. Barriers can applicants are required to cost share at be identified as technical, physical, Federal Energy Regulatory a minimum of 50% of the project total. regulatory, environmental, or economic. Commission Details of the cost sharing requirement, The selected projects are expected to [Docket No. CP00±142±000] and the specific funding levels are employ the following four (4) strategies contained in the solicitation. in order to have a rapid impact on Columbia Gas Transmission Solicitation Release Date: This production: (1) focus on regions that Corporation; Notice of Request Under Program Solicitation (available in both present the biggest potential for Blanket Authorization WordPerfect 6.1 and Portable Document additional oil production quickly, (2) Format (PDF)) is expected to be ready integrate solutions to technological, April 5, 2000. for release on or about April 15, 2000 economic, regulatory, and data Take notice that on March 29, 2000, and will be available from NETL’s constraints, (3) demonstrate the validity Columbia Gas Transmission Corporation World Wide Web Server Internet System of these practices either through field (Columbia), 12801 Fair Lakes Parkway, at http://www.netl.doe.gov/business. demonstration during the project or Fairfax, Virginia 22030–1046, filed a Telephone requests, written requests, E- documentation of well-run successful request with the Commission in Docket mail requests, or facsimile requests for past demonstration, and (4) use known No. CP00–142–000, pursuant to section a copy of the solicitation package will technology transfer mechanisms. 157.205 and 157.21(b) of the

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Commission’s Regulations under the specific negotiated rate transaction in Any person desiring to protest this Natural Gas Act (NGA) for authorization accordance with the Commission’s filing should file a protest with the to abandon approximately 410 feet of 2- Statement of Policy on Alternatives to Federal Energy Regulatory Commission, inch pipeline, appurtenances, and a Traditional Cost-of-Service Ratemaking 888 First Street, NE, Washington, DC point of delivery to Columbia Gas of for Natural Gas Pipelines. 20426, in accordance with section Virginia, Inc. (CGV), all located in Any person desiring to be heard or to 385.211 of the Commission’s Rules and Fauquier County, Virginia authorized in protest said filing should file a motion Regulations. All such protests must be blanket certificate issued in Docket No. to intervene or a protest with the filed as provided in section 154.210 of CP83–76–000, all as more fully set forth Federal Energy Regulatory Commission, the Commission’s Regulations. Protests in the request on file with the 888 First Street, NE, Washington, DC will be considered by the Commission Commission and open to public 20426, in accordance with sections in determining the appropriate action to inspection. This filing may be viewed 385.214 or 385.211 of the Commission’s be taken, but will not serve to make on the web at http://www.ferc.fed.us/ Rules and Regulations. All such motions protestants parties to the proceedings. online/rims.htm (call 202–208–2222 for or protests must be filed in accordance Copies of this filing are on file with the assistance). with section 154.210 of the Commission and are available for public There are no other points of delivery Commission’s Regulations. Protests will inspection in the Public Reference associated with this section of pipeline. be considered by the Commission in Room. This filing may be viewed on the The proposed abandonment will not determining the appropriate action to be web at http://www.ferc.fed.us/online/ result in any loss or reduction in service taken, but will not serve to make rims.htm (call 202–208–2222 for to any customers. protestants parties to the proceedings. assistance). Any person or the Commission’s staff Any person wishing to become a party Linwood A. Watson, Jr., may, within 45 days after the must file a motion to intervene. Copies Commission has issued this notice, file of this filing are on file with the Acting Secretary. pursuant to Rule 214 of the Commission and are available for public [FR Doc. 00–8906 Filed 4–10–00; 8:45 am] Commission’s Procedural Rules (18 CFR inspection in the Public Reference BILLING CODE 6717±01±M 385.214) a motion to intervene or notice Room. This filing may be viewed on the of intervention and pursuant to Section web at http://www.ferc.fed.us/online/ 157.205 of the Regulations under the rims.htm (call 202–208–2222 for DEPARTMENT OF ENERGY NGA (18 CFR 157.205) a protest to the assistance). request. If no protest is filed within the Federal Energy Regulatory allowed time, the proposed activity Linwood A. Watson, Jr., Commission shall be deemed to be authorized Acting Secretary. [Docket No. RP00±233±000] effective the day after the time allowed [FR Doc. 00–8903 Filed 4–10–00; 8:45 am] for filing a protest. If a protest is filed BILLING CODE 6717±01±M Midwestern Gas Transmission and not withdrawn within 30 days after Company; Notice of Tariff Filing the time allowed for filing a protest, the instant request shall be treated as an DEPARTMENT OF ENERGY April 5, 2000. application for authorization pursuant Take notice that on March 31, 2000, to Section 7 of the NGA. Federal Energy Regulatory Midwestern Gas Transmission Company Commission (Midwestern), tendered for filing as part Linwood A. Watson, Jr., of its FERC Gas Tariff, Second Revised Acting Secretary. [Docket No. RP99±286±002] Volume No. 1, the revised Tariff sheets [FR Doc. 00–8900 Filed 4–10–00; 8:45 am] identified in Appendix A to the filing. Granite State Gas Transmission, Inc; Midwestern proposes that the tariff BILLING CODE 6717±01±M Notice of Compliance Filing sheets be made effective on May 1, April 5, 2000. 2000. DEPARTMENT OF ENERGY Take notice that on March 31, 2000, Midwestern states that as part of its Granite State Gas Transmission, Inc. transition to interactive Internet Federal Energy Regulatory communications in compliance with the Commission (Granite State) tendered for filing as part of its FERC Gas Tariff, Third Revised Commission’s Order No. 587–I it has [Docket No. RP97±287±048] Volume No. 1, the revised tariff sheets undertaken a major rewrite of its critical listed below for effectiveness on April 1, computer system functions. In El Paso Natural Gas Company; Notice 2000. conjunction with the rewrite, of Proposed Changes in FERC Gas Midwestern further states that it is Tariff Substitute First Revised Sheet No. 10 taking the opportunity to initiate Substitute Fourth Revised Sheet No. 24 additional modifications to its computer Substitute Second Revised Sheet No. 141 April 5, 2000. systems in order to streamline certain of Take notice that on March 31, 2000, Substitute Second Revised Sheet No. 142 Substitute Third Revised Sheet No. 144 Midwestern’s processes and to provide El Paso Natural Gas Company (El Paso) additional service flexibilities tendered for filing to become part of its Substitute First Revised Sheet No. 145 Substitute First Revised Sheet No. 146 (collectively, hereinafter referred to as FERC Gas Tariff, Second Revised Substitute First Revised Sheet No. 147 Service Upgrades). In order to provide Volume No. 1–A, the following tariff Substitute First Revised Sheet No. 148 the Service Upgrades by completion and sheets, to become effective April 1, Substitute First Revised Sheet No. 149 implementation of the rewrite, 2000: Substitute First Revised Sheet No. 150 Midwestern is seeking approval for Twenty-Eighth Revised Sheet No. 30 Substitute First Revised Sheet No. 441 certain modifications to its existing Twenty-Third Revised Sheet No. 31 Granite State explains that the tariff and pro forma service agreements. Fifth Revised Sheet No. 31A purpose of this filing is to comply with Any person desiring to be heard or to El Paso states that the above tariff the March 17, 2000, order issued in this protest said filing should file a motion sheets are being filed to implement a proceeding. to intervene or a protest with the

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Federal Energy Regulatory Commission, protestants parties to the proceedings. with section 154.210 of the 888 First Street, NE, Washington, DC Any person wishing to become a party Commission’s Regulations. Protests will 20426, in accordance with Sections must file a motion to intervene. Copies be considered by the Commission in 385.214 or 385.211 of the Commission’s of this filing are on file with the determining the appropriate action to be Rules and Regulations. All such motions Commission and are available for public taken, but will not serve to make or protests must be filed in accordance inspection in the Public Reference protestants parties to the proceedings. with Section 154.210 of the Room. This filing may be viewed on the Any person wishing to become a party Commissions’s Regulations. Protests web at http://www.ferc.fed.us/online/ must file a motion to intervene. Copies will be considered by the Commission rims.htm (call 202–208–2222 for of this filing are on file with the in determining the appropriate action to assistance). Commission and are available for public be taken, but will not serve to make inspection in the Public Reference protestants parties to the proceedings. Linwood A. Watson, Jr., Room. This filing may be viewed on the Any person wishing to become a party Acting Secretary. web at http://www.ferc.fed.us/online/ must file a motion to intervene. Copies [FR Doc. 00–8909 Filed 4–10–00; 8:45 am] rims.htm (call 202–208–2222 for of this filing are on file with the BILLING CODE 6717±01±M assistance). Commission and are available for public Linwood A. Watson, Jr., inspection in the Public Reference Room. This filing may be viewed on the DEPARTMENT OF ENERGY Acting Secretary. web at http://www.ferc.fed.us/online/ [FR Doc. 00–8905 Filed 4–10–00; 8:45 am] rims.htm (call 202–208–2222 for Federal Energy Regulatory BILLING CODE 6717±01±M assistance). Commission [Docket No. RP99±176±014] Linwood A. Watson, Jr., DEPARTMENT OF ENERGY Acting Secretary. Natural Gas Pipeline Company of Federal Energy Regulatory [FR Doc. 00–8910 Filed 4–10–00; 8:45 am] America; Notice of Proposed Change Commission BILLING CODE 6717±01±M in FERC Gas Tariff [Docket No. RP99±518±012] April 5, 2000. DEPARTMENT OF ENERGY Take notice that on March 31, 2000, PG&E Gas Transmission, Northwest Natural Gas Pipeline Company of Corporation; Notice of Proposed Federal Energy Regulatory America (Natural) tendered for filing to Changes in FERC Gas Tariff Commission be a part of its FERC Gas Tariff, Sixth April 5, 2000. [Docket No. RP00±226±000] Revised Volume No. 1, Original Sheet Nos. 26E, 26F, 26G and 26H, to be Take notice that on March 31, 2000, Mississippi Canyon Gas Pipeline, LLC, effective April 1, 2000. PG&E Gas Transmission, Northwest Notice of Proposed Changes in FERC Natural states that the purpose of this Corporation (PG&E GT–NW) tendered Gas Tariff filing is to implement negotiated rate for filing as part of its FERC Gas Tariff, transactions with Central Illinois Light First Revised Volume No. 1–A, with an April 5, 2000. Company, Ameren Intermediate effective date of April 1, 2000: Take notice that on March 31, 2000, Holding Co., Inc and The Peoples Gas Eighth Revised Sheet No. 7 Mississippi Canyon Gas Pipeline, LLC Light and Coke Company under Rate Fifth Revised Sheet No. 7A (MCGP) tendered for filing as part of its Schedule FTS pursuant to Section 49 of Original Sheet No. 7B FERC Gas Tariff, First Revised Volume the General Terms and Conditions of PG&E GT–NW states that these sheets No. 1, the following tariff sheets, with Natural’s Tariff. Natural further states are being filed to reflect the a proposed effective date of May 1, that these transactions are being filed in implementation of a eight negotiated 2000: accordance with the Commission’s rate agreements. Second Revised Sheet No. 27 ruling that a transportation rate PG&E GT–NW states that copies of Original Sheet No. 27A inclusive of surcharges would be this filing has been served on PG&E GT– MCGP states that the purpose of this considered a negotiated rate transaction. NW’s jurisdictional customers, and filing is for MCGP to obtain from its FT– Natural requests waiver of the interested state regulatory agencies. 2 shippers on an annual basis an Commission’s Regulations to the extent Any person desiring to be heard or to updated production profile. This will necessary to permit Original Sheet Nos. protest said filing should file a motion enable MCGP to better utilize its 26E, 26F, 26G and 26H to become to intervene or a protest with the existing capacity and to determine when effective April 1, 2000. Federal Energy Regulatory Commission, new capacity should be added. Natural states that copies of the filing 888 First Street, NE, Washington, DC Any person desiring to be heard or to are being mailed to its customers, 20426, in accordance with sections protest said filing should file a motion interested state commissions and all 385.214 or 385.211 of the Commission’s to intervene or a protest with the parties set out on the Commission’s Rules and Regulations. All such motions Federal Energy Regulatory Commission, official service list in Docket No. RP99– or protests must be filed in accordance 888 First Street, NE, Washington, DC 176. with section 154.210 of the 20426, in accordance with sections Any person desiring to be heard or to Commission’s Regulations. Protests will 385.214 or 385.211 of the Commission’s protest said filing should file a motion be considered by the Commission in Rules and Regulations. All such motions to intervene or a protest with the determining the appropriate action to be or protests must be filed in accordance Federal Energy Regulatory Commission, taken, but will not serve to make with section 154.210 of the 888 First Street, NE, Washington, DC protestants parties to the proceedings. Commission’s Regulations. Protests will 20426, in accordance with sections Any person wishing to become a party be considered by the Commission in 385.214 or 385.211 of the Commission’s must file a motion to intervene. Copies determining the appropriate action to be Rules and Regulations. All such motions of this filing are on file with the Docket taken, but will not serve to make or protests must be filed in accordance No. RP99–518–012 Commission and are

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Arkansas, to provide transportation to seek rehearing or appeal the [FR Doc. 00–8907 Filed 4–10–00; 8:45 am] service to Pine Bluff. Commission’s final order to a Federal BILLING CODE 6717±01±M Pine Bluff has requested that firm court. service commence by October 1, 2000, The Commission will consider all and REGT request that Commission comments and concerns equally, DEPARTMENT OF ENERGY authorization be granted no later than whether filed by commenters or those July 31, 2000. requesting intervenor status. Federal Energy Regulatory Any question regarding this Commission Take further notice that, pursuant to amendment should be directed to Kevin the authority contained in and subject to Docket No. CP00±137±000 P. Erwin, Senior Counsel, Reliant the jurisdiction conferred upon the Energy Gas Transmission Company, Commission by Sections 7 and 15 of the Reliant Energy Gas Transmission P.O. Box 61867, Houston, Texas 77208– Natural Gas Act and the Commission’s Company; Notice of Application 1867, at (713) 207–5232. Rules of Practice and Procedure, a Any person desiring to be heard or to hearing will be held without further April 5, 2000. make any protest with reference to said Take notice that on March 27, 2000, notice before the Commission or its application should on or before April designee on this application if no Reliant Energy Gas Transmission 26, 2000, file with the Federal Energy Company (REGT), 1111 Louisiana motion to intervene is filed within the Regulatory Commission, 888 First time required herein, if the Commission Street, Houston, Texas 77210, filed in Street, N.E., Washington, DC 20426, a on its own review of the matter finds Docket No. CP00–137–000 an motion to intervene or a protest in that a grant of the certificate is required application pursuant to section 7(c) of accordance with the requirements of the by the public convenience and the Natural Gas Act and part 157 of the Commission’s Rules of Practice and necessity. If a motion for leave to Federal Energy Regulatory Procedure (18 CFR 385.211 and intervene is timely filed, or if the Commission’s (Commission) 385.214) and the regulations under the Commission on its own motion believes Regulations for a certificate of public Natural Gas Act (18 CFR 157.10). All that formal hearing is required, further convenience and necessity authorizing protests filed with the Commission will notice of such hearing will be duly REGT to construct certain facilities in be considered by it in determining the given. Hot Spring County, Arkansas to appropriate action to be taken but will reconfigure its system to enable not serve to make the protestants parties Under the procedure herein provided deliveries to be diverted from its Line to the proceeding. The Commission’s for, unless otherwise advised, it will be AC to other portions of its system in rules require that protestors provide unnecessary for REGT to appear or to be Arkansas, all as more fully set forth in copies of their protests to the party or represented at the hearing. the application which is on file with the parties directly involved. Any person Linwood A. Watson, Jr., Commission and open to public wishing to become a party in any Acting Secretary. inspection. This filing may be viewed proceeding herein must file a motion to [FR Doc. 00–8899 Filed 4–10–00; 8:45 am] on the Internet at http:// intervene in accordance with the BILLING CODE 6717±01±M www.ferc.fed.us/online/rims.htm (call Commission’s rules. 202–208–2222 for assistance). A person obtaining intervenor status Specifically, REGT proposes to will be placed on the service list DEPARTMENT OF ENERGY construct: (1) Approximately 2.2 miles maintained by the Secretary of the of 20-inch pipeline, to be designated as Commission and will receive copies of Federal Energy Regulatory Line ACT–4 and paralleling its Line AC; all documents filed by the applicant and Commission (2) one 20–inch main line valve with by every one of the intervenors. An bypass on its Line S–3–S; and (3) one intervenor can file for rehearing of any [Docket No. RP96±200±052] 20–inch mainline valve between Line Commission order and can petition for Reliant Energy Gas Transmission S–3–S and its Line T at the existing court review of any such order. Company; Notice of Proposed Perla Junction. REGT states that the However, an intervenor must submit Changes in FERC Gas Tariff proposed facilities will allow up to copies of comments or any other filing 158,500 Dth/d of natural gas to be it makes with the Commission to every April 5, 2000. diverted from Line AC into Line T and other intervenor in the proceeding, as Take notice that on March 31, 2000, other portions of REGT’s system in well as 14 copies with the Commission. Reliant Energy Gas Transmission Arkansas. Total cost is estimated to be A persons does not have to intervene, Company (REGT) tendered for filing as $1.5 million, for which REGT requests however, in order to have comments part of its FERC Gas Tariff, Fifth Revised rolled-in rate treatment. considered. A person, instead, may volume No. 1, the following tariff sheets REGT has executed a firm submit two copies of comments to the to be effective April 1, 2000: transportation contract with Pine Bluff Secretary of the Commission. Energy LLC (Pine Bluff), for no less than Commenters will be placed on the Third Revised Sheet No. 8F Fourth Revised Sheet No. 8H 10 years, with a contract demand of Commission’s environmental mailing First Revised Sheet No. 8J 40,000 Dth/d. Pine Bluff is currently list, will receive copies of Fourth Revised Sheet No. 8L constructing an electric power environmental documents and will be Third Revised Sheet No. 8G cogeneration plant adjacent to facilities able to participate in meetings First Revised Sheet No. 8I owned by International Paper in associated with the Commission’s First Revised Sheet No. 8K

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REGT states that the purpose of this 888 First Street, NE, Washington, DC be viewed on the web at http:// filing is to reflect the expiration of 20426, in accordance with sections www.ferc.fed.us/online/rims.htm (call existing negotiated rate contracts. 385.214 or 385.211 of the Commission’s 202–208–2222 for assistance). Any person desiring to be heard or to Rules and Regulations. All such motions Linwood A. Watson, Jr., protest said filing should file a motion or protests must be filed on or before to intervene or a protest with the April 11, 2000. Protests will be Acting Secretary. Federal Energy Regulatory Commission, considered by the Commission in [FR Doc. 00–8912 Filed 4–10–00; 8:45 am] 888 First Street, NE, Washington, DC determining the appropriate action to be BILLING CODE 6717±01±M 20426, in accordance with sections taken, but will not serve to make 385.214 or 385.211 of the Commission’s protestants parties to the proceedings. Rules and Regulations. All such motions Any person wishing to become a party DEPARTMENT OF ENERGY or protests must be filed in accordance must file a motion to intervene. Copies Federal Energy Regulatory with section 154.210 of the of this filing are on file with the Commission Commission’s Regulations. Protests will Commission and are available for public be considered by the Commission in inspection in the Public Reference [Docket No. RP00±97±001] determining the appropriate action to be Room. This filing may be viewed on the taken, but will not serve to make web at http://www.ferc.fed.us/online/ Southern Natural Gas Company; protestants parties to the proceedings. rims.htm (call 202–208–2222 for Notice of GSR Filing Any person wishing to become a party assistance). April 5, 2000. must file a motion to intervene. Copies Take notice that on March 31, 2000, of this filing are on file with the Linwood A. Watson, Jr., Southern Natural Gas Company Commission and are available for public Acting Secretary. (Southern) made a filing in accordance inspection in the Public Reference [FR Doc. 00–8911 Filed 4–10–00; 8:45 am] with Article VII of the Stipulation and Room. This filing may be viewed on the BILLING CODE 6717±01±M Agreement in Docket Nos. RP89–224– web at http://ww.ferc.fed.us/online/ 012, et al. (Settlement) approved by rims.htm (call 202–208–2222 for Commission order on September 29, assistance). DEPARTMENT OF ENERGY 1995 to update its GSR surcharge. Under Linwood A. Watson, Jr., Federal Energy Regulatory Article VII, Southern is required to Acting Secretary. Commission adjust the GSR volumetric surcharge that was placed into effect January 1, [FR Doc. 00–8902 Filed 4–10–00; 8:45 am] [Docket No. TM99±1±8±002] BILLING CODE 6717±01±M 2000, based on actual GSR costs South Georgia Natural Gas Company; incurred and the actual GSR revenues Notice of Fuel Adjustment Filing collected in 1999 from parties DEPARTMENT OF ENERGY supporting the Settlement. As a result of April 5, 2000. updating the information through the Federal Energy Regulatory Take notice that on March 31, 2000, end of 1999 Southern proposes to retain Commission South Georgia Natural Gas Company the $.0004/Dth GSR volumetric (South Georgia) made a filing to [Docket No. RP00±236±000] surcharge which was placed in effect on reconcile its fuel retention volumes for January 1, 2000. Reliant Energy Gas Transmission a metering anomaly that resulted in Southern states that copies of the Company; Notice of Revenue Credit negative Lost and Unaccounted For filing were served upon all parties listed Report volumes for the period May 1998 to on the official service list compiled by September 1998. South Georgia the Secretary in these proceedings. April 5, 2000. proposes to make refunds to its Any person desiring to protest this Take notice that on March 31, 2000, customers to resolve this metering filing should file a protest with the Reliant Energy Gas Transmission anomaly. Federal Energy Regulatory Commission, Company (REGT) submitted its Annual South Georgia states that copies of the 888 First Street, NE, Washington, DC Revenue Crediting Filing pursuant to its filing were served upon all parties listed 20426, in accordance with section FERC Gas Tariff, Fifth Revised Volume on the official service list compiled by 385.211 of the Commission’s Rules and No. 1, Section 5.7(c)(ii)(2)(B) (Imbalance the Secretary in this proceeding, other Regulations. All such protestst must be Cash Out), Section 23.2(b)(iv) (IT and interested parties and affected state filed as provided in section 154.210 of SBS Revenue Crediting) and Section commissions. the Commission’s Regulations. Protests 23.7 (IT Revenue Credit), together with Any person desiring to protest said will be considered by the Commission supporting workpapers. filing should file a protest with the in determining the appropriate action to REGT states that its filing addresses Federal Energy Regulatory Commission, be taken, but will not serve to make the period from February 1, 1999 888 First Street, NE, Washington, DC protestants parties to the proceedings. through January 31, 2000. The IT and 20426, in accordance with Section Copies of this filing are on file with the FT Cash Balancing Revenue Credits and 385.211 of the Commission’s Rules and Commission and are available for public the IT Revenue Credit for the period Regulations. All such protests must be inspection in the Public Reference reflected in this filing are zero. REGT filed on or before April 12, 2000. Room. This filing may be viewed on the states that since REGT’s current tariff Protests will be considered by the web at http://www.ferc.fed.us/online/ sheets already reflect zero Cash Commission in determining the rims.htm (call 202–208–2222 for Balancing and IT Revenue Credits, no appropriate action to be taken, but will assistance). tariff revisions are necessary. not serve to make protestants parties to Any person desiring to be heard or to the proceedings. Copies of this filing are Linwood A. Watson, Jr., protest said filing should file a motion on file with the Commission and are Acting Secretary. to intervene or a protest with the available for public inspection in the [FR Doc. 00–8908 Filed 4–10–00; 8:45 am] Federal Energy Regulatory Commission, Public Reference Room. This filing may BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Commission will limit its consideration of comments to those that concern the Federal Energy Regulatory Federal Energy Regulatory adequacy or accuracy of the application. Commission Commission 3. Northeast Utilities Service Company [Docket No. EF00±2011±000, et al.] [Docket No. RP97±288±003] [Docket Nos. ER95–1686–007, ER96–496– 009, ER97–1359–000, OA97–300–000, and U.S. Department of Energy, et al.; ER98–4604–000] Transwestern Pipeline Company; Electric Rate and Corporate Regulation Take notice that on March 27, 2000, Notice of Proposed Changes In FERC Filings Gas Tariff Northeast Utilities Service Company March 31, 2000. (NUSCO), tendered for filing a refund April 5, 2000. Take notice that the following filings report in compliance with the have been made with the Commission: Commission’s order in Northeast Take notice that on March 31, 2000, Utilities Service Company, 89 FERC ¶ Transwestern Pipeline Company 1. U.S. Department of Energy, 61,184 (1999). (Transwestern) tendered for filing to Bonneville Power Administration Comment date: April 17, 2000, in become part of its FERC Gas Tariff, [Docket Nos. EF–2011–000] accordance with Standard Paragraph E Second Revised Volume No. 1, the at the end of this notice. following tariff sheets, proposed to Take notice that on March 21, 2000, the Bonneville Power Administration 4. Consolidated Edison Energy, Inc. become effective on April 1, 2000: (BPA) tendered for filing a proposed rate [Docket No. ER00–865–001] First Revised Sheet No. 5B.05 adjustment to its rate schedule FPS–96 Take notice that on March 27, 2000, Original Sheet No. 5B.06 pursuant to section 7(a)(2) of the Pacific Consolidated Edison Energy, Inc. (Con Northwest Electric Power Planning and Transwestern states that the above Edison Energy) tendered revisions to its Conservation Act, 16 U.S.C. 839e(a)(2). sheets are being filed to implement a market-based rate tariffs in compliance Pursuant to Section 300.20 of the with the Commission’s February 24, specific negotiated rate transaction in Commission’s regulations (18 CFR accordance with the Commission’s 2000 order in this proceeding. 300.20), BPA seeks interim approval of Con Edison Energy states that a copy Policy Statement on Alternatives to its proposed rates effective May 19, Traditional Cost-of-Service Ratemaking of this filing has been sent to all 2000 Pursuant to Section 300.21 of the purchasers under the affected rate for Natural Gas Pipelines. Commission’s regulations (18 CFR schedules and to all persons designated Transwestern further states that 300.21), BPA seeks interim approval for service on the official service list. copies of the filing have been mailed to and final confirmation of the proposed each of its customers and interested rates for the periods set forth in this 5. Entergy Services, Inc. State Commissions. notice. [Docket No. ER00–1933–000] BPA requests approval effective May Any person desiring to be heard or to Take notice that on March 27, 2000 19, 2000, through September 30, 2006, protest said filing should file a motion Entergy Services, Inc. (Entergy for the FPS–96R Firm Power Products Services), on behalf of Entergy to intervene or a protest with the and Services Rate adjustment. BPA Federal Energy Regulatory Commission, Arkansas, Inc., Entergy Gulf States, Inc., states that this approval is necessary for Entergy Louisiana, Inc., Entergy 888 First Street, NE, Washington, DC it to compete and assure cost recovery. Mississippi, Inc., and Entergy New 20426, in accordance with sections Comment date: April 20, 2000, in Orleans, Inc. (collectively, the Entergy 385.214 or 384.211 of the Commission’s accordance with Standard Paragraph E Operating Companies), tendered for Rules and Regulations. All such motions at the end of this notice. filing a new Attachment M to its Open or protests must be filed in accordance 2. Nitrogen Limited Access Transmission Tariff, designated with section 154.210 of the as FERC Electric Tariff Original Volume Commission’s Regulations. Protests will [Docket No. EG00–119–000] No. 3, addressing transmission business be considered by the Commission in Take notice that on March 28, 2000, practices related to source and sink determining the appropriate action to be Nitrogen Limited (Applicant), with its information required for reserving and taken, but will not serve to make principal office at Windmill Hill scheduling point-to-point transmission protestants parties to the proceedings. Business Park, White Hill Way, service. Any person wishing to become a party Swindon, Wiltshire, England SW1A 1JT, Comment date: April 17, 2000, in must file a motion to intervene. Copies filed with the Federal Energy Regulatory accordance with Standard Paragraph E of this filing are on file with Commission an application for at the end of this notice. determination of exempt wholesale Commission and are available for public 6. Revelation Energy Resources generator status pursuant to Part 365 of inspection in the Public Reference Corporation Room. This filing may be viewed on the the Commission’s regulations. web at http://www.ferc.fed.us/online/ Applicant states that it will own a 680 [Docket No. ER97–765–006] rims.htm (call 202–208–2222 for megawatt natural gas-fired electric Take notice that on March 22, 2000, assistance). generating facility located in Revelation Energy Resources Lincolnshire, England (the Facility). Corporation filed a quarterly report for Linwood A. Watson, Jr., Electric energy produced by the Facility the quarter ended December 31, 1999 for Acting Secretary. will be sold at wholesale to the Power information only. Pool of England and Wales. In no event [FR Doc. 00–8904 Filed 4–10–00; 8:45 am] 7. City of Mishawaka, Indiana and will any electric energy be sold to BILLING CODE 6717±01±M Indiana Michigan Power Company consumers in the United States. Comment date: April 21, 2000, in [Docket No. ER00–1968–000] accordance with Standard Paragraph E Take notice that on March 23, 2000, at the end of this notice. The the City of Mishawaka, Indiana (City)

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19371 and Indiana Michigan Power Company 11. Louisville Gas and Electric Transmission Service with Engage filed, pursuant to Section 3.F of FERC Company/Kentucky Utilities Company Energy US, L.P. Electric Tariff WS, a Notice to [Docket No. ER00–1977–000] The agreements were pursuant to the Terminate the System Sales Clause. Joint Open Access Transmission Service Take notice that on March 27, 2000, Comment date: April 13, 2000, in Tariff filed on December 31, 1996 by Louisville Gas and Electric Company accordance with Standard Paragraph E Consumers and The Detroit Edison (LG&E)/Kentucky Utilities Company at the end of this notice. Company (Detroit Edison) and have an (KU) (hereinafter Companies) tendered effective date of March 21, 2000. 8. New York Independent System for filing an executed unilateral Service Copies of the filed agreements were Operator, Inc. Agreement between the Companies and served upon the Michigan Public PG&E Energy Trading—Power, L.P. [Docket No. ER00–1969–000] Service Commission, Detroit Edison, under the Companies Rate Schedule and Engage Energy US, L.P. Take notice that on March 27, 2000, MBSS. the New York Independent System Comment date: April 17, 2000, in Comment date: April 17, 2000, in Operator, Inc. (NYISO) filed a Request accordance with Standard Paragraph E accordance with Standard Paragraph E for Suspension of Market-Based Pricing at the end of this notice. at the end of this notice. for 10-Minute Reserves and to Shorten 15. Panda Gila River, L.P. Notice Period and proposed tariff 12. Northern States Power Company changes related thereto. (Minnesota) and Northern States Power [Docket No. ER00–1981–000] A copy of this filing was served upon Company (Wisconsin) Take notice that on March 27, 2000, all persons on the Commission’s official [Docket No. ER00–1978–000] Panda Gila River, L.P. (Panda Gila service list in Docket Nos. ER97–1523– Take notice that on March 27, 2000, River), tendered for filing pursuant to 000, OA97–470–000 and ER97–4234– Northern States Power Company Section 205 of the Commission’s Rules 000, not consolidated, and all parties (Minnesota) and Northern States Power of Practice and Procedure, 18 CFR who have executed Service Agreements Company (Wisconsin) (jointly NSP) 385.205, a petition for waivers and under the ISO OATT and the ISO tendered for filing a Non-Firm and a blanket approvals under various Services Tariff. Short-Term Firm Point-to-Point regulations of the Commission and for Comment date: April 17, 2000, in Transmission Service Agreement an order accepting its FERC Electric accordance with Standard Paragraph E between NSP and FPL Energy Power Rate Schedule No. 1, and for the at the end of this notice. Marketing, Inc. purpose of permitting Panda Gila River to assign transmission capacity and to 9. The Detroit Edison Company NSP requests that the Commission accept the Agreement effective March 7, resell Firm Transmission Rights, to be [Docket No. ER00–1974–000] 2000, and requests waiver of the effective no later than sixty (60) days Take notice that on March 27, 2000, Commission’s notice requirements in from the date of its filing. The Detroit Edison Company (Detroit order for the agreements to be accepted Panda Gila River intends to engage in Edison) tendered for filing Service for filing on the date requested. electric power and energy transactions Agreements (the Service Agreement) for Comment date: April 17, 2000, in as a marketer and a broker. In Short-term Firm Point-to-Point accordance with Standard Paragraph E transactions where Panda Gila River Transmission Service under the Joint at the end of this notice. sells electric energy, it proposes to make Open Access Transmission Tariff of such sales on rates, terms, and Consumers Energy Company and Detroit 13. Northern States Power Company conditions to be mutually agreed to with Edison, FERC Electric Tariff No. 1, (Minnesota) and Northern States Power the purchasing party. Neither Panda between Detroit Edison and Nordic Company (Wisconsin) Gila River nor any of its affiliates is in Electric, L.L.C., (Customer) dated as of [Docket No. ER00–1979–000] the business of transmitting or March 15, 2000. The parties have not Take notice that on March 27, 2000, distributing electric power. engaged in any transactions under the Northern States Power Company Rate Schedule No. 1 provides for the Service Agreements prior to thirty days (Minnesota) and Northern States Power sale of energy and capacity at agreed to this filing. Company (Wisconsin) (jointly NSP) prices. Detroit Edison requests that the tendered for filing a Short-Term Firm Comment date: April 17, 2000, in Service Agreements be made effective as Point-to-Point Transmission Service accordance with Standard Paragraph E rate schedules as of March 28, 2000. Agreement between NSP and El Paso at the end of this notice. Comment date: April 17, 2000, in Energy Marketing Company. 16. Panda Oneta Power, L.P. accordance with Standard Paragraph E NSP requests that the Commission at the end of this notice. accept the agreement effective March 1, [Docket No. ER00–1982–000] 10. Cleco Utility Group Inc. 2000, and requests waiver of the Take notice that on March 27, 2000, Commission’s notice requirements in Panda Oneta Power, L.P. (Panda Oneta), [Docket No. ER00–1976–000] order for the agreement to be accepted tendered for filing pursuant to the Take notice that on March 27, 2000 for filing on the date requested. Section 205 of the Commission’s Rules Cleco Utility Group Inc., Transmission Comment date: April 17, 2000, in of Practice and Procedures, 18 CFR 205, services (CLECO) filed their service accordance with Standard Paragraph E a petition for waivers and blanket agreement for non firm point-to-point at the end of this notice. approvals under various regulations of the Commission and for an order transmission service under its Open 14. Consumers Energy Company Access Transmission Tariff with accepting its FERC Electric Rate Conectiv Energy Supply, Inc. [Docket No. ER00–1980–000] Schedule No. 1, and for the purpose of CLECO requests an effective date of Take notice that on March 27, 2000, permitting Panda Oneta to assign March 27, 2000. Consumers Energy Company transmission capacity and to resell Firm Comment date: April 17, 2000, in (Consumers) tendered for filing Transmission Rights, to be effective no accordance with Standard Paragraph E executed service agreements for Firm later than sixty (60) days from the date at the end of this notice. and Non-Firm Point-to-Point of its filing.

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Panda Oneta intends to engage in 20. Avista Corporation Commission an application for authority electric power and energy transactions [Docket No. ER00–1994–000] to hold an interlocking position in the as a marketer and a broker. In Van Buren Revolving Loan Fund and Take notice that on March 28, 2000, transactions where Panda Oneta sells Northern Maine Independent System Avista Corporation tendered for filing electric energy, it proposes to make such Administrator, Inc. notice that Rate Schedule FERC No. 27, sales on rates, terms, and conditions to Comment date: April 19, 2000, in under the Commission’s Docket No. be mutually agreed to with the accordance with Standard Paragraph E ER92–824–000, previously filed with purchasing party. Neither Panda Oneta at the end of this notice. the Federal Energy Regulatory nor any of its affiliates is in the business Commission by Avista Corporation, Standard Paragraphs of transmitting or distributing electric formerly known as The Washington power. E. Any person desiring to be heard or Water Power Company, under its FERC to protest such filing should file a Rate Schedule No. 1 provides for the Electric Rate Tariff Original Volume No. motion to intervene or protest with the sale of energy and capacity at agreed 4, with Public Service Company of New Federal Energy Regulatory Commission, prices. Mexico is to be terminated, effective 888 First Street, NE, Washington, DC Comment date: April 17, 2000, in March 23, 2000 by the request of Public 20426, in accordance with Rules 211 accordance with Standard Paragraph E Service Company of New Mexico per its and 214 of the Commission’s Rules of at the end of this notice. letter dated March 16, 2000. Practice and Procedure (18 CFR 385.211 Notice of the cancellation has been 17. Illinois Power Company and 385.214). All such motions or served upon the Public Service protests should be filed on or before the [Docket No. ER00–1991–000] Company of New Mexico. comment date. Protests will be Comment date: April 19, 2000, in considered by the Commission in Take notice that on March 27, 2000, accordance with Standard Paragraph E determining the appropriate action to be Illinois Power Company filed their at the end of this notice. quarterly report for the quarter ending taken, but will not serve to make December 31, 1999. 21. New Century Services, Inc. protestants parties to the proceeding. Any person wishing to become a party Comment date: April 20, 2000, in [Docket No. ER00–1995–000] must file a motion to intervene. Copies accordance with Standard Paragraph E Take notice that on March 28, 2000, of these filings are on file with the at the end of this notice. New Century Services, Inc., on behalf of Commission and are available for public Cheyenne Light, Fuel and Power 18. The Montana Power Company inspection. This filing may also be Company, Public Service Company of viewed on the Internet at http:// [Docket No. ER00–1992–000] Colorado, and Southwestern Public www.ferc.fed.us/online/rims.htm (call Service Company (collectively Take notice that on March 28, 2000, 202–208–2222 for assistance). The Montana Power Company Companies), tendered for filing a (Montana) tendered for filing with the Service Agreement under their Joint David P. Boergers, Federal Energy Regulatory Commission Open Access Transmission Service Secretary. pursuant to 18 CFR 35.13 an executed Tariff for Long-Term Firm Point-to-Point [FR Doc. 00–8895 Filed 4–10–00; 8:45 am] Network Integration Transmission Transmission Service between the BILLING CODE 6717±01±P Service Agreement and Network Companies and Southwestern Public Operating Agreement with Central Service Company—Wholesale Merchant Montana Electric Power Cooperative Function. DEPARTMENT OF ENERGY Inc. under Montana’s FERC Electric Comment date: April 19, 2000, in Federal Energy Regulatory Tariff, Fourth Revised Volume No. 5 accordance with Standard Paragraph E Commission (Open Access Transmission Tariff). at the end of this notice. A copy of the filing was served upon 22. New Century Services, Inc. [Docket No. EC00±66±000, et al.]; Central Montana Electric Power [Docket No. ER00–1996–000] Consolidated Water Power Company, Cooperative Inc. Take notice that on March 28, 2000, et al.; Electric Rate and Corporate Comment date: April 18, 2000, in New Century Services, Inc., on behalf of Regulation Filings accordance with Standard Paragraph E Cheyenne Light, Fuel and Power at the end of this notice. Company, Public Service Company of April 4, 2000. Colorado, and Southwestern Public Take notice that the following filings 19. Cleco Utility Group Inc. Service Company (collectively have been made with the Commission: [Docket No. ER00–1993–000] Companies), tendered for filing a 1. Consolidated Water Power Company Service Agreement under their Joint Take notice that on March 28, 2000 [Docket No. EC00–66–000] Cleco Utility Group Inc., Transmission Open Access Transmission Service services (CLECO), tendered for filing Tariff for Long-Term Firm Point-to-Point Take notice that on March 23, 2000, their service agreements for non-firm Transmission Service between the Consolidated Water Power Company and short term firm point-to-point Companies and Public Service Company (CWPCo), a wholly-owned subsidiary of transmission services under its Open of Colorado—Bulk Power Sales Group. Consolidated Papers, Inc. (Consolidated Access Transmission Tariff with British Comment date: April 19, 2000, in Papers), on its own behalf and on behalf Columbia Power Exchange Corporation accordance with Standard Paragraph E of Stora Enso Oyj (Stora Enso, and (Powerex). at the end of this notice. together with CWPCo, the Applicants), tendered for filing an application 23. Bradley G. Ritz CLECO requests an effective date of pursuant to section 203 of the Federal March 27, 2000. [Docket No. ID–3477–000] Power Act and Part 33 of the Comment date: April 19, 2000, in Take notice that on March 28, 2000, Regulations of the Commission for an accordance with Standard Paragraph E the above-named individual filed with order authorizing the merger of at the end of this notice. the Federal Energy Regulatory Consolidated Papers with Stora Enso

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Acquisition, Inc., a subsidiary of Stora a gas-fired generation facility located in The Facility will consist of two Enso. (the ‘‘Transaction’’). The Rockford, Illinois (the Facility). simple-cycle gas-fired combustion Transaction is being made pursuant to The Facility will consist of two turbine driven synchronous generators the terms of the Agreement and Plan of simple-cycle gas-fired combustion and associated accessories, with a Merger dated as of February 22, 2000, turbine driven synchronous generators maximum power production capacity of between Stora Enso and Consolidated and associated accessories, with a approximately 300 MW. The plant will Papers. maximum power production capacity of be an ‘‘eligible facility’’ within the Comment date: May 22, 2000, in approximately 300 MW. The plant will meaning of section 32(a)(2) of the Public accordance with Standard Paragraph E be an ‘‘eligible facility’’ within the Utility Holding Company Act of 1935 at the end of this notice. meaning of section 32(a)(2) of the Public because it will be used for the Utility Holding Company Act of 1935 generation of electric energy exclusively 2. Lakewood Cogeneration Limited because it will be used for the for sale at wholesale. Partnership generation of electric energy exclusively Comment date: April 25, 2000, in [Docket No. EC00–68–000] for sale at wholesale. accordance with Standard Paragraph E Take notice that on March 29, 2000, Comment date: April 25, 2000, in at the end of this notice. The Lakewood Cogeneration Limited accordance with Standard Paragraph E Commission will limit its consideration Partnership (LCLP), a Delaware limited at the end of this notice. The of comments to those that concern the partnership, submitted an application, Commission will limit its consideration adequacy or accuracy of the application. pursuant to 18 CFR 33, seeking of comments to those that concern the adequacy or accuracy of the application. 7. Williams Energy Marketing & authority under Section 203 of the Trading Company Federal Power Act for a change in 5. Indeck-Rockford Equipment, L.L.C. control of the ownership of LCLP. LCLP [Docket No. ER00–2030–000] [Docket No. EG00–121–000] owns a 238 MW natural gas-fired Take notice that on March 29, 2000, exempt wholesale generating facility Take notice that on March 29, 2000, Williams Energy Marketing & Trading located in Lakewood Township, New Indeck-Rockford Equipment, L.L.C. filed Company (Williams EM&T) tendered for Jersey. with the Federal Energy Regulatory filing pursuant to section 205 of the HYDRA–CO Enterprises, Inc., an Commission an application for Federal Power Act (FPA), 16 U.S.C. indirect subsidiary of CMS Energy determination of exempt wholesale 824d (1994), and part 35 of the Corporation, has agreed to sell its 80% generator status pursuant to Part 365 of Commission’s Regulations, 18 CFR part direct or indirect ownership interests in the Commission’s regulations. Indeck- 35, its Third Revised FERC Electric Rate Rockford, L.L.C. is an Illinois limited LCLP to Consolidated Edison Schedule No. 1. liability company and the initial owner The primary purpose of the filing is Development, Inc., a subsidiary of of the generating equipment to be used to update Williams EM&T’s existing Consolidated Edison, Inc. at a gas-fired facility located in FERC Electric Rate Schedule No. 1 to Comment date: April 28, 2000, in Rockford, Illinois (the Facility). expand Williams EM&T’s existing accordance with Standard Paragraph E The Facility will consist of two wholesale ancillary services authority. at the end of this notice. simple-cycle gas-fired combustion Specifically, in addition to Williams 3. Riverside Generating Company, turbine driven synchronous generators EM&T’s current wholesale ancillary L.L.C. and associated accessories, with a services authority in California, the maximum power production capacity of Third Revised FERC Electric Rate [Docket No. EG00–99–000] approximately 300 MW. The plant will Schedule No. 1 would provide Take notice that on March 28, 2000, be an ‘‘eligible facility’’ within the wholesale ancillary services authority in Riverside Generating Company, L.L.C., meaning of section 32(a)(2) of the Public the New England Power Pool, the New 1000 Louisiana, Suite 5800, Houston, Utility Holding Company Act of 1935 York Power Pool, the Pennsylvania-New Texas filed with the Federal Energy because it will be used for the Jersey-Maryland Inter-connection, and Regulatory Commission an amendment generation of electric energy exclusively other markets. The revised Rate to its application in the above- for sale at wholesale. Schedule also makes other minor referenced docket for determination of Comment date: April 25, 2000, in changes. exempt wholesale generator status accordance with Standard Paragraph E Williams EM&T requests waiver of the pursuant to Part 365 of the at the end of this notice. The prior notice requirements of Section Commission’s Regulations. Commission will limit its consideration 35.3 of the Commission’s regulations, 18 Comment date: April 25, 2000, in of comments to those that concern the CFR 35.3, to permit its Third Revised accordance with Standard Paragraph E adequacy or accuracy of the application. FERC Electric Rate Schedule No. 1 to at the end of this notice. The 6. Indeck-Rockford, L.L.C. become effective as of May 1, 2000. Commission will limit its consideration Comment date: April 19, 2000, in of comments to those that concern the [Docket No. EG00–122–000] accordance with Standard Paragraph E adequacy or accuracy of the application. Take notice that on March 29, 2000, at the end of this notice. Indeck-Rockford, L.L.C. filed with the 4. Indeck Operations, Inc. 8. PPL Electric Utilities Corporation Federal Energy Regulatory Commission [Docket No. EG00–120–000] an application for determination of [Docket No. ER00–2031–000] Take notice that on March 29, 2000, exempt wholesale generator status Take notice that on March 29, 2000, Indeck Operations, Inc. filed with the pursuant to Part 365 of the PPL Electric Utilities Corporation filed a Federal Energy Regulatory Commission Commission’s regulations. Indeck- Notice stating that effective May 29, an application for determination of Rockford, L.L.C. is an Illinois limited 2000, Rate Schedule FERC No. 111, exempt wholesale generator status liability company created for the effective on July 1, 1992 and filed with pursuant to Part 365 of the purpose of causing the construction and the Federal Energy Regulatory Commission’s regulations. Indeck owning and/or operating a gas-fired Commission by PPL Electric Utilities Operations, Inc. is a privately held facility located in Rockford, Illinois (the Corporation, formerly known as PP&L, Illinois corporation, which will operate Facility). Inc., is to be canceled.

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Notice of the proposed cancellation with the Federal Energy Regulatory DEPARTMENT OF ENERGY has been served upon New York power Commission by PPL Electric Utilities Authority. Corporation, formerly known as PP&L, Federal Energy Regulatory Comment date: April 19, 2000, in Inc., is to be canceled. Commission accordance with Standard Paragraph E Notice of the proposed cancellation [Docket No. EC00±67±000, et al.] at the end of this notice. has been served upon Consolidated Louisville Gas and Electric Company, 9. PPL Electric Utilities Corporation Edison Company of New York, Inc. et al.; Electric Rate and Corporate [Docket No. ER00–2032–000] Comment date: April 19, 2000, in Regulation Filings Take notice that on March 29, 2000, accordance with Standard Paragraph E PPL Electric Utilities Corporation filed a at the end of this notice. March 30, 2000. Take notice that the following filings Notice stating that effective May 29, 13. PPL Electric Utilities Corporation 2000, Rate Schedule FERC No. 76, have been made with the Commission: effective on December 3, 1982 and filed [Docket No. ER00–2036–000] 1. Louisville Gas and Electric Company, with the Federal Energy Regulatory Take notice that on March 29, 2000, and Merger Sub Commission by PPL Electric Utilities PPL Electric Utilities Corporation filed a [Docket No. EC00–67–000] Corporation, formerly known as PP&L, Notice stating that effective May 29, Inc., is to be canceled. Take notice that on March 24, 2000, Notice of the proposed cancellation 2000, Rate Schedule FERC No. 143, Louisville Gas and Electric Company has been served upon Consolidated effective on October 12, 1994 and filed (LG&E) and Kentucky Utilities Company Edison Company of New York, Inc. with the Federal Energy Regulatory (KU) on behalf of themselves and their Comment date: April 19, 2000, in Commission by PPL Electric Utilities affiliates holding jurisdictional assets accordance with Standard Paragraph E Corporation, formerly known as PP&L, (collectively, the LG&E Companies) and at the end of this notice. Inc., is to be canceled. Merger Sub, submitted for filing an application under Section 203 of the 10. PPL Electric Utilities Corporation Notice of the proposed cancellation Federal Power Act (16 U.S.C. 824b) and has been served upon Dynegy Inc. [Docket No. ER00–2033–000] Part 33 of the Commission’s Regulations Comment date: April 19, 2000, in (18 CFR 33.1) seeking the Commission’s Take notice that on March 29, 2000, accordance with Standard Paragraph E approval and related authorizations to PPL Electric Utilities Corporation filed a at the end of this notice. effectuate the indirect change in control Notice stating that effective May 29, over jurisdictional assets of the LG&E 2000, Rate Schedule FERC No. 102 Standard Paragraphs companies that will occur as a result of effective on February 15, 1991 and filed E. Any person desiring to be heard or the merger of an indirect, wholly-owned with the Federal Energy Regulatory subsidiary of PowerGen plc (Merger to protest such filing should file a Commission by PPL Electric Utilities Sub) with and into LG&E Energy Corp. motion to intervene or protest with the Corporation, formerly known as PP&L, (LEC), the parent holding company of Inc., is to be canceled. Federal Energy Regulatory Commission, the LG&E Companies. Through the Notice of the proposed cancellation 888 First Street, NE, Washington, DC merger, LEC, which will be the has been served upon GPU Service 20426, in accordance with Rules 211 surviving entity, and the LG&E Corporation. and 214 of the Commission’s Rules of Companies will become indirect, Comment date: April 19, 2000, in Practice and Procedure (18 CFR 385.211 wholly-owned subsidiaries of PowerGen accordance with Standard Paragraph E and 385.214). All such motions or plc (‘‘PowerGen’’), a public limited at the end of this notice. protests should be filed on or before the company organized under the laws of 11. PPL Electric Utilities Corporation comment date. Protests will be England and Wales. considered by the Commission in The Application requests waiver of [Docket No. ER00–2034–000] determining the appropriate action to be the requirements to file exhibits B, C, D, Take notice that on March 29, 2000, taken, but will not serve to make E, and F as specified in Section 33.3 of PPL Electric Utilities Corporation file a protestants parties to the proceeding. the Commission’s regulations. The Notice stating that effective May 29, Any person wishing to become a party Application states that it includes all 2000, Rate Schedule FERC No. 131, must file a motion to intervene. Copies other information and exhibits required effective on June 1, 1994 and filed with of these filings are on file with the by Part 33 of the Commission’s the Federal Energy Regulatory Commission and are available for public regulations and the Commission’s Commission by PPL Electric Utilities inspection. This filing may also be Merger Policy Statement, and that the Corporation, formerly known as PP&L, viewed on the Internet at http:// Merger Application easily satisfies the Inc., is to be canceled. www.ferc.fed.us/ online/rims.htm (call criteria set forth in the Commission’s Notice of the proposed cancellation Merger Policy Statement. The 202–208–2222 for assistance). has been served upon Potomac Electric Application requests that the Power Company. David P. Boergers, Commission grant approval without Comment date: April 19, 2000, in Secretary. condition, modification or an accordance with Standard Paragraph E [FR Doc. 00–8898 Filed 4–10–00; 8:45 am] evidentiary, trial-type hearing. The at the end of this notice. Application states that the parties are BILLING CODE 6717±01±P 12. PPL Electric Utilities Corporation seeking to close the transaction expeditiously and thus the Applicants [Docket No. ER00–2035–000] have requested Commission approval by Take notice that on March 29, 2000, the end of July, 2000. PPL Electric Utilities Corporation filed a The Applicants have served copies of Notice stating that effective May 29, the filing on the state commissions of 2000, Rate Schedule FERC No. 142, Kentucky, Virginia, and Tennessee and effective on October 12, 1994 and filed the parties of Docket No. EC98–2–000.

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Comment date: May 23, 2000, in the affected rate schedules and to all www.ferc.fed.us/online/rims.htm (call accordance with Standard Paragraph E persons designated for service on the 202–208–2222 for assistance). at the end of this notice. official service list in this proceeding. Comment date: April 14, 2000, in David P. Boergers, 2. The FirstEnergy Operating accordance with Standard Paragraph E Secretary. Companies at the end of this notice. [FR Doc. 00–8896 Filed 4–10–00; 8:45 am] [Docket Nos. ER97–412–004, ER97–413–003 BILLING CODE 6717±01±P and ER98–1932–001] 6. North American Power Brokers, Inc. Take notice that on March 24, 2000, [Docket No. ER00–1973–000] the FirstEnergy Operating Companies Take notice that on March 24, 2000, DEPARTMENT OF ENERGY tendered for filing a compliance refund North American Power Brokers, Inc. Federal Energy Regulatory report pursuant to the Commission’s filed a Notice of Succession notifying Commission February 9, 2000 Letter Order, 90 FERC the Commission that North American ¶ 61,111. Power Brokers, Inc. has changed its [Docket No. ES00±23±000, et al.] The FirstEnergy Operating Companies name to Enermetrix.com. state that a copy of the filing has been Comment date: April 14, 2000, in Rochester Gas and Electric served on the customers receiving accordance with Standard Paragraph E Corporation., et al. Electric Rate and refunds and the public utilities at the end of this notice. Corporate Regulation Filings commissions of Ohio and Pennsylvania. March 29, 2000. Comment date: April 14, 2000, in 7. Sarah M. Barpoulis, Anthony Take notice that the following filings accordance with Standard Paragraph E Chovanec, William A. Collier, Mark C. have been made with the Commission: at the end of this notice. Cowan, Michael E. Flinn, J. Stephen Gilbert, Anthony G. Haramis, Lyndell 1. Rochester Gas and Electric 3. Northern Indiana Public Service E. Maddox, Leslie K. McNew, James M. Corporation Company and NIPSCO Energy Services, Richter, Stanley A. Ross, Kyle B. Inc. Sherrington, Daniel A. Valenti and [Docket No. ES00–23–000] [Docket Nos. ER97–458–003 and ER96–1431– Deborah F. Witmer Take notice that on March 23, 2000, 012] Rochester Gas and Electric Corporation [Docket Nos. ID–3467–000, ID–3468–000, ID– tendered for filing an application Take notice that on March 23, 2000, 3469–000, ID–3141–003, ID–3470–000, ID– Northern Indiana Public Service 3147–002, ID–3471–000, ID–3137–003, ID– pursuant to Section 204 of the Federal Company and NESI Power Marketing, 3472–000, ID–3144–002, ID–3473–000, ID– Power Act seeking authorization to Inc. submitted an updated market power 3474–000, ID–3475–000, and ID–3476–000] issue short-term secured and unsecured analysis. The market power analysis is Take notice that on March 21, 2000, promissory notes between June 1, 2000, required by the orders granting PG&E Energy Trading—Power Holdings and May 31, 2002, in an amount not to authority to make power sales at market- Corporation, with its principal place of exceed $200,000,000. based rates. business at 1100 Louisiana, Suite 1000, Comment date: April 19, 2000, in Comment date: April 13, 2000, in Houston, Texas 77002 filed with the accordance with Standard Paragraph E accordance with Standard Paragraph E Federal Energy Regulatory Commission at the end of this notice. at the end of this notice. an application for authority to hold 2. Bonneville Power Administration interlocking positions on behalf of its 4. Select Energy, Inc. directors and officers (Applicants), [Docket No. NJ00–2–000] [Docket No. ER00–952–001] under Section 305(b) of the Federal Take notice that on March 22, 2000, Take notice that on March 24, 2000, Power Act, 16 U.S.C. 825(b). Bonneville Power Administration Select Energy, Inc. (Select) tendered Comment date: April 20, 2000, in (Bonneville), tendered for filing a revisions to its market-based rate tariffs accordance with Standard Paragraph E Petition for Declaratory Order Finding in compliance with the Commission’s at the end of this notice. the Merchant Function May Have Access to Customer-Specific Hourly February 23, 2000 order in this Standard Paragraphs proceeding. Metered Load Data under the Select states that a copy of this filing E. Any person desiring to be heard or Commission’s Standards of Conduct.1 has been sent to all purchasers under to protest such filing should file a Comment date: April 13, 2000, in the affected rate schedules and to all motion to intervene or protest with the accordance with Standard Paragraph E persons designated for service on the Federal Energy Regulatory Commission, at the end of this notice. official service list for this proceeding. 888 First Street, NE, Washington, DC 3. Citizens Utilities Company Comment date: April 14, 2000, in 20426, in accordance with Rules 211 accordance with Standard Paragraph E and 214 of the Commission’s Rules of [Docket No. ES98–23–001] at the end of this notice. Practice and Procedure (18 CFR 385.211 Take notice that on March 22, 2000, and 385.214). All such motions or Citizens Utilities Company (Citizens) 5. The Connecticut Light and Power protests should be filed on or before the submitted a request under Section 204 Company comment date. Protests will be of the Federal Power Act to extend the [Docket No. ER00–963–001] considered by the Commission in authorization granted under Docket No. Take notice that on March 24, 2000, determining the appropriate action to be The Connecticut Light and Power taken, but will not serve to make 1 Open Access Same-Time Information System (Formerly Real-Time Information network) and Company (CL&P) tendered revisions to protestants parties to the proceeding. Standards of Conduct, 61 FR 21737 (May 10, 1996), its market-based rate tariff in Any person wishing to become a party FERC Stats. & Regs., Regulations Preambles January compliance with the Commission’s must file a motion to intervene. Copies 1991–1996 ¶ 31,035 (April 24, 1996), Order No. February 23, 2000 order in this of these filings are on file with the 889–A, order on rehearing, 62 FR 12484 (March 14, 1997), III FERC Stats. & Regs. ¶ 31,049 (March 4, proceeding. Commission and are available for public 1997); Order No. 889–B, rehearing denied, 62 FR CL&P states that a copy of this filing inspection. This filing may also be 64715 (December 9, 1997), III FERC Stats. & Regs. has been sent to all purchasers under viewed on the Internet at http:// ¶ 31,253 (November 25, 1997).

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ES98–23–000 for 60-days. On April 23, Companies and Southwestern Public Notice of the proposed cancellation 1998, the Commission authorized Service Company—Wholesale Merchant has been served upon Illinova Power Citizens to issue no more than $294.5 Function. Marketing, Inc., (formerly, Illinois million of securities in support of or to Comment date: April 14, 2000, in Power Company). guarantee securities issued by various accordance with Standard Paragraph E Comment date: April 14, 2000, in governmental or quasi-governmental at the end of this notice. accordance with Standard Paragraph E bodies. The Commission also waived 7. FirstEnergy System at the end of this notice. the competitive bidding and negotiated placement requirements in 18 CFR 34.2. [Docket No. ER00–1960–000] 11. Detroit Edison Company Docket and Comment date: April 12, 2000, in Take notice that on March 24, 2000, Consumers Energy Company accordance with Standard Paragraph E FirstEnergy System tendered for filing a [Docket No. ER00–1964–000] at the end of this notice. Service Agreement to provide Non-Firm Take notice that on March 24, 2000, Point-to-Point Transmission Service for 4. Alcoa Power Generation, Inc., Alcoa, Consumers Energy Company Statoil Energy Services, Inc., (the Inc., Tapoco, Inc., Yadkin, Inc., Alcoa (Consumers), on behalf of itself and Transmission Customer). Services are Generating Corporation, Long Sault, Detroit Edison Company (Detroit being provided under the FirstEnergy Inc., and Colockum Transmission Edison), tendered for filing an System Open Access Transmission Company, Inc. addendum to various coordination rate Tariff submitted for filing by the Federal schedules that would permit the [Docket No. OA99–3–000] Energy Regulatory Commission in incremental cost of sulfur dioxide (SO2) Take notice that on February 25, 2000, Docket No. ER97–412–000. Alcoa Power Generating, Inc., tendered The proposed effective date under emissions allowances to be included in for filing revised standards of conduct this Service Agreement is April 01, the calculation of rates under those rate 2 Order Nos. 889 et seq. on behalf of 2000, for the above mentioned Service schedules. The rate schedules affected Alcoa, Inc., Tapoco, Inc., Yadkin, Inc., Agreement in this filing. are: Consumers Energy Company Rate Alcoa Generating Corporation, Long Comment date: April 14, 2000, in Schedules FERC No. 22, 23 and 45 and Sault, Inc., and Colockum Transmission accordance with Standard Paragraph E Detroit Edison Company Rate Schedules Company, Inc. (Alcoa). at the end of this notice. FERC No. 11, 12 and 26. The change is Alcoa states that it served copies of designed to conform the rate schedules the filing on the service list in this 8. UtiliCorp United Inc. to the Commission’s rule regarding the proceeding. [Docket No. ER00–1961–000] ratemaking treatment of SO2 emissions 5. Green Mountain Power Corporation Take notice that on March 24, 2000, allowances for Phase II units issued under the Clean Air Act Amendments of [Docket No. ER00–1958–000] UtiliCorp United Inc. (UtiliCorp), tendered for filing service agreements 1990. Take notice that on March 24, 2000, Copies of the filing were served upon Green Mountain Power Corporation with Conectiv Energy Supply, Inc., for service under its Short-Term Firm the other parties to the above-listed rate (GMP), tendered for filing a service schedules as well as upon the Michigan agreement for New Hampshire Electric Point-to-Point open access service tariff Public Service Commission. Cooperative, Inc., to take service under for its operating divisions, Missouri its Network Integration Transmission Public Service, WestPlains Energy- Comment date: April 14, 2000, in Service tariff. Kansas and WestPlains Energy- accordance with Standard Paragraph E Copies of this filing have been served Colorado. at the end of this notice. Comment date: April 14, 2000, in on each of the affected parties, the 12. Southwest Power Pool, Inc. Vermont Public Service Board and the accordance with Standard Paragraph E Vermont Department of Public Service. at the end of this notice. [Docket No. ER00–1965–000] Comment date: April 14, 2000, in 9. UtiliCorp United Inc. Take notice that on March 24, 2000, accordance with Standard Paragraph E Southwest Power Pool, Inc. (SPP), at the end of this notice. [Docket No. ER00–1962–000] tendered for filing revised service Take notice that on March 23, 2000, 6. New Century Services, Inc. agreements for Firm Point-to-Point UtiliCorp United Inc. (UtiliCorp), Transmission Service, Non-Firm Point- [Docket No. ER00–1959–000] tendered for filing Service agreements to-Point Transmission Service and Loss Take notice that on March 24, 2000, with Conectiv Energy Supply, Inc., for Compensation Service with PPL Electric New Century Services, Inc., on behalf of service under its Non-Firm Point-to- Utilities Corporation, d/b/a/ PPL Cheyenne Light, Fuel and Power Point open access service tariff for its Utilities. Earlier versions of these Company, Public Service Company of operating divisions, Missouri Public agreements identifying PP&L, Inc., as Colorado, and Southwestern Public Service, WestPlains Energy-Kansas and the Transmission Customer were filed Service Company (collectively WestPlains Energy-Colorado. by the Commission and accepted as Companies), tendered for filing a Comment date: April 14, 2000, in Service Agreement Nos. 138, 139 and Service Agreement under their Joint accordance with Standard Paragraph E 186 to SPP’s FERC Electric Tariff Open Access Transmission Service at the end of this notice. Volume No. 1, respectively. Tariff for Long Term Firm Point-to-Point 10. Southwest Power Pool, Inc. Transmission Service between the SPP seeks an effective date of March [Docket No. ER00–1963–000] 14, 2000, for these agreements. 2 Open Access Same-Time Information System Take notice that on March 24, 2000, Comment date: April 14, 2000, in (Formerly Real-Time Information Network) and Southwest Power Pool, Inc., tendered accordance with Standard Paragraph E Standards of Conduct, 61 FR 21737 (May 10, 1996), at the end of this notice. FERC Stats. & Regs., Regulations Preambles January for filing notice that effective March 31, 1991–1996 ¶ 31,035 (April 24, 1996), Order No. 2000, Rate Schedule Nos. 25 and 26, 13. Edison Sault Electric Company 889–A, order on rehearing, 62 FR 12484 (March 14, effective date June 1, 1998, and filed 1997), III FERC Stats. & Regs. ¶ 31,049 (March 4, with the Federal Energy Regulatory [Docket No. ER00–1966–000] 1997); Order No. 889–B, rehearing denied, 62 FR 64715 (December 9, 1997), III FERC Stats. & Regs. Commission by Southwest Power Pool Take notice that on March 24, 2000, ¶ 31,253 (November 25, 1997). Inc., are to be canceled. Edison Sault Electric Company (Edison

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Sault), tendered for filing Amendment and 214 of the Commission’s Rules of the existing turbine runners and No. 1 to Supplemental Agreement No. 8 Practice and Procedure (18 CFR 385.211 rewinding of the generators. The to the Contract for Electric Service and 385.214). All such motions or proposed upgrades would increase the between Edison Sault and Cloverland protests should be filed on or before the net project capacity from 326.5 MW to Electric Cooperative, Inc., (Cloverland) comment date. Protests will be 359.0 MW, and the net hydraulic dated April 9, 1999. considered by the Commission in capacity of the project would increase Copies of the filing were served upon determining the appropriate action to be from 33,456 cfs to 35,132 cfs. Cloverland. taken, but will not serve to make l. Location of the Application: A copy Comment date: April 14, 2000, in protestants parties to the proceeding. of the application is available for accordance with Standard Paragraph E Any person wishing to become a party inspection and reproduction at the at the end of this notice. must file a motion to intervene. Copies Commission’s Public Reference Room, of these filings are on file with the located at 888 First Street, NE, Room 14. Cordova Energy Company LLC Commission and are available for public 2A, Washington, D.C. 20426, or by [Docket No. ER00–1967–000] inspection. This filing may also be calling (202) 208–1371. This filing may Take notice that on March 24, 2000, viewed on the Internet at http:// be viewed on http://www.ferc.fed.us/ Cordova Energy Company LLC www.ferc.fed.us/ online/rims.htm (call online/rims.htm [call (202) 208–2222 for (Cordova), tendered for filing an 202–208–2222 for assistance). assistance]. A copy is also available for inspection and reproduction at the agreement under which it will sell David P. Boergers, power to MidAmerican Energy address in item h above. Secretary. Company. m. Individuals desiring to be included Cordova requests an effective date of [FR Doc. 00–8897 Filed 4–10–00; 8:45 am] on the Commission’s mailing list should July 20, 2000. BILLING CODE 6717±01±P so indicate by writing to the Secretary Cordova states that is has served a of the Commission. copy of the filing on the Illinois Comments, Protests, or Motions to DEPARTMENT OF ENERGY Commerce Commission, the Iowa Intervene—Anyone may submit Utilities Board, and the South Dakota Federal Energy Regulatory comments, a protest, or motion to Public Utilities Commission. Commission intervene in accordance with the Comment date: April 14, 2000, in requirements of Rules of Practice and accordance with Standard Paragraph E Notice of Application to Amend Procedure,18 CFR 385.210, 385.211, at the end of this notice. License and Soliciting Comments, 385.214. In determining the appropriate action to take, the Commission will 15. Avista Corporation Motions To Intervene, and Protests consider all protests or other comments [Docket No. ER00–1970–000] April 5, 2000. filed, but only those who file a motion Take notice that on March 20, 2000, a. Application Type: Application to to intervene in accordance with the Avista Corporation tendered for filing a Amend License for the Tapoco Project. Commission’s Rules may become a Certificate of Concurrence for the 1999– b. Project No: 2169–013. party to the proceeding. Any comments, c. Date Filed: February 24, 2000. 2000 Operating Procedures under the protests, or motions to intervene must d. Applicant: Alcoa Power Generating Pacific Northwest Coordination be received on or before the specified Inc., Tapoco Division. comment date for the particular Agreement (PNCA) filed by Puget Sound e. Name of Project: Tapoco application. Energy, Inc., in Docket No. ER00–1583. Hydroelectric Project. Comment date: April 10, 2000, in f. Location: On the Cheoah and Little Filing and Service or Responsive accordance with Standard Paragraph E Tennessee Rivers, in Graham and Swain Documents—Any filing must bear in all at the end of this notice. Counties, North Carolina, and Blount capital letters the title ‘‘COMMENTS’’, ‘‘RECOMMENDATIONS FOR TERMS 16. Northern Border Pipeline Company and Monroe Counties, Tennessee. The project utilize approximately 370 acres AND CONDITIONS’’, ‘‘PROTEST’’, OR [Docket No. MG00–5–001] Nanthahala National Forest lands. ‘‘MOTION TO INTERVENE’’, as Take notice that on March 24, 2000, g. Filed Pursuant to: Federal Power applicable, and the Project Number of Northern Border Pipeline Company Act, 16 U.S.C. 791(a)–825(r). the particular application to which the (Northern Border), tendered for filing h. Applicant Contact: B. Julian Polk, filing refers. Any of the above-named revised standards of conduct in Alcoa Power Generating Inc., Tapoco documents must be filed by providing response to the Commission’s February Division, 300 North Hall Road, Alcoa, the original and the number of copies 29, 2000 Order (90 FERC ¶ 61,219 TN 37701–2516 (423) 977–3321. provided by the Commission’s (2000)). i. FERC Contact: Any questions on regulations to: The Secretary, Federal Northern Border states that it has this notice should be addressed to R. Energy Regulatory Commission, 888 served copies of this filing to all parties Feller at (202) 219–2796 or by e-mail at First Street, NE, Washington, DC 20426. on the official service list in this [email protected]. A copy of any motion to intervene must proceeding. j. Deadline for filing comments and/ also be served upon each representative Comment date: April 13, 2000, in or motions: 30 days from the issuance of the Applicant specified in the accordance with Standard Paragraph E date of this notice. particular application. at the end of this notice. Please include the project number Agency Comments—Federal, state, (2169–013) on any comments or and local agencies are invited to file Standard Paragraphs motions filed. comments on the described application. E. Any person desiring to be heard or k. Description of Filing: Alcoa Power A copy of the application may be to protest such filing should file a Generating Inc., Tapoco Division obtained by agencies directly from the motion to intervene or protest with the proposes to perform upgrades of the Applicant. If an agency does not file Federal Energy Regulatory Commission, hydroelectric generation units at two of comments within the time specified for 888 First Street, NE, Washington, DC the project’s developments. The filing comments, it will be presumed to 20426, in accordance with Rules 211 proposed activities consist of replacing have no comments. One copy of an

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19378 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices agency’s comments must also be sent to Recovery Act, Clean Air Act, Clean Cooperative the Applicant’s representative. Water Act, Safe Drinking Water Act, agreement num- Organization Federal Insecticide, Fungicide and ber Linwood A. Watson, Jr., Rodenticide Act, and Comprehensive CQ±825528 ...... National Senior Citizens Acting Secretary. Environmental Response, [FR Doc. 00–8901 Filed 4–10–00; 8:45 am] Education and Research Compensation, and Liability Act, to the Center. BILLING CODE 6717±01±M extent that these statutes allow CQ±825529 ...... NSCERC. disclosure of confidential information to CQ±825530 ...... NSCERC. authorized representatives of the United CQ±826279 ...... NSCERC. ENVIRONMENTAL PROTECTION States (or to ‘‘contractors’’ under the CQ±826776 ...... NSCERC. AGENCY Federal Insecticide, Fungicide, and CQ±827332 ...... NSCERC. CQ±827333 ...... NSCERC. [FRL±6576±7] Rodenticide Act). Some of these documents may contain information CQ±827334 ...... NSCERC. CQ±827335 ...... NSCERC. Access to Confidential Business claimed as confidential. CQ±827415 ...... NSCERC. Information by Enrollees Under the EPA provides confidential information to enrollees working under Senior Environmental Employment Among the procedures established by the following cooperative agreements: Program EPA confidentiality regulations for AGENCY: Environmental Protection Cooperative granting access is notification to the Agency (EPA). agreement num- Organization submitters of confidential data that SEE ber grantee organizations and their enrollees ACTION: Notice. will have access. 40 CFR 2.201(h) (2) CQ±827602 ...... National Older Worker SUMMARY: EPA has authorized grantee (iii). This document is intended to fulfill Career Center, Inc. that requirement. organizations under the Senior CQ±827603 ...... NOWCC. Environmental Employment (SEE) CQ±827604 ...... NOWCC. The grantee organizations are required Program, and their enrollees; access to CQ±827605 ...... NOWCC. by the cooperative agreements to protect information which has been submitted CQ±827606 ...... NOWCC. confidential information. SEE enrollees to EPA under the environmental statutes CQ±827607 ...... NOWCC. are required to sign confidentiality administered by the Agency. Some of CQ±827655 ...... NOWCC. agreements and to adhere to the same CQ±827656 ...... NOWCC. this information may be claimed or security procedures as Federal CQ±827657 ...... NOWCC. employees. determined to be confidential business CQ±827658 ...... NOWCC. information (CBI). CQ±827659 ...... NOWCC. Dated: March 20, 2000. DATES: Comments concerning CBI CQ±827660 ...... NOWCC. Donald W. Sadler, access will be accepted on or before CQ±827661 ...... NOWCC. Director, Human Resources Staff #1. April 17, 2000. CQ±825084 ...... National Caucus and Cen- ter on Black Aged, Inc. [FR Doc. 00–8956 Filed 4–10–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: CQ±826278 ...... NCBA. BILLING CODE 6560±50±P Susan Street, National Program Director, CQ±826377 ...... NCBA. Senior Environmental Employment CQ±827211 ...... NCBA. Program (3641), U.S. Environmental CQ±827212 ...... NCBA. FARM CREDIT ADMINISTRATION Protection Agency, 401 M St., S.W., CQ±827213 ...... NCBA. Washington, DC 20460. Telephone (202) CQ±827214 ...... NCBA. CQ±827216 ...... NCBA. Farm Credit Administration Board; 260–2573. CQ±827217 ...... NCBA. Regular Meeting; Sunshine Act Notice SUPPLEMENTARY INFORMATION: The CQ±827847 ...... NCBA. Senior Environmental Employment CQ±827848 ...... NCBA. AGENCY: Farm Credit Administration. (SEE) program is authorized by the CQ±827849 ...... NCBA. SUMMARY: Notice is hereby given, Environmental Programs Assistance Act CQ±827850 ...... NCBA. pursuant to the Government in the CQ±827865 ...... NCBA. Sunshine Act (5 U.S.C. 552b(e)(3)), of of 1984 (Pub. L. 98–313), which CQ±828031 ...... NCBA. provides that the Administrator may CQ±828032 ...... NCBA. the forthcoming regular meeting of the ‘‘make grants or enter into cooperative CQ±828033 ...... NCBA. Farm Credit Administration Board agreements’’ for the purpose of QS±826702 ...... NCBA. (Board). ‘‘providing technical assistance to: CQ±826228 ...... National Association for DATE AND TIME: The regular meeting of Hispanic Elderly. Federal, State, and local environmental the Board will be held at the offices of agencies for projects of pollution CQ±826229 ...... NAHE. CQ±827938 ...... NAHE. the Farm Credit Administration in prevention, abatement, and control.’’ McLean, Virginia, on April 13, 2000, Cooperative agreements under the SEE QS±827189 ...... NAHE. QS±827210 ...... NAHE. from 9 a.m. until such time as the Board program provide support for many CQ±822810±02 National Asian Pacific concludes its business. functions in the Agency, including Center on Aging. FOR FURTHER INFORMATION CONTACT: clerical support, staffing hot lines, CQ±825448 ...... NAPCA. Vivian L. Portis, Secretary to the Farm providing support to Agency CQ±825520 ...... NAPCA. enforcement activities, providing library CQ±826340 ...... NAPCA. Credit Administration Board (703) 883– services, compiling data, and support in CQ±828075 ...... NAPCA. 4025, TDD (703) 883–4444. scientific, engineering, financial, and CQ±828126 ...... NAPCA. ADDRESSES: Farm Credit other areas. CQ±825438 ...... National Council On the Administration, 1501 Farm Credit Drive, Aging, Inc. McLean, Virginia 22102–5090. In performing these tasks, grantees CQ±825527 ...... NCOA. and cooperators under the SEE program CQ±826218 ...... NCOA. SUPPLEMENTARY INFORMATION: This and their enrollees may have access to CQ±827255 ...... NCOA. meeting of the Board will be open to the potentially all documents submitted CQ±827273 ...... NCOA. public (limited space available). In order under the Resource Conservation and CQ±827274 ...... NCOA. to increase the accessibility to Board

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19379 meetings, persons requiring assistance collection techniques or other forms of FEDERAL RESERVE SYSTEM should make arrangements in advance. information technology. Sunshine Act Meeting The matters to be considered at the DATES: Written comments should be meeting are: submitted on or before June 12, 2000. If AGENCY HOLDING THE MEETING: Board of you anticipate that you will be OPEN SESSION Governors of the Federal Reserve submitting comments, but find it System. A. Approval of Minutes difficult to do so within the period of —March 9, 2000 (Open) TIME AND DATE: 11 a.m., Monday, April B. Reports time allowed by this notice, you should 17, 2000. advise the contact listed below as soon —FCS Building Association’s Quarterly PLACE: as possible. Marriner S. Eccles Federal Report Reserve Board Building, 20th and C —Office of Examination’s Annual Report ADDRESSES: Direct all comments to Les Streets, N.W., Washington, D.C. 20551. on the Conditions of the System Smith, Federal Communications C. New Business STATUS: Closed. Commissions, 445 12th Street, S.W., 1. Regulations MATTERS TO BE CONSIDERED: Room 1–A804, Washington, DC 20554 —OFI Lending [12 CFR Parts 614, 615, and 1. Proposals concerning renovation of or via the Internet to [email protected]. 618] (ANPRM) a Federal Reserve Bank building. (This —Regulatory Burden-Phase II [12 CFR FOR FURTHER INFORMATION CONTACT: For Chapter VI] (Notice) item was originally announced for a —Participations [12 CFR Part 614] (Final) additional information or copies of the closed meeting on April 3, 2000.) 2. Other information collections contact Les 2. Personnel actions (appointments, —Corporate Approvals Report Smith at (202) 418–0217 or via the promotions, assignments, —Central Valley PCA Consolidation with Internet at [email protected]. reassignments, and salary actions) Pacific Coast FCS, an ACA SUPPLEMENTARY INFORMATION: involving individual Federal Reserve OMB Control Number: 3060–0093. System employees. Dated: April 6, 2000. 3. Any items carried forward from a Title: Application for Renewal of Vivian L. Portis, previously announced meeting. Radio Station License. Secretary, Farm Credit Administration Board. CONTACT PERSON FOR MORE INFORMATION: Form Number: FCC 405. [FR Doc. 00–9044 Filed 4–7–00; 10:46 am] Lynn S. Fox, Assistant to the Board; BILLING CODE 6705±01±P Type of Review: Revision of a 202–452–3204. currently approved collection. SUPPLEMENTARY INFORMATION: You may Respondents: Businesses or other for- call 202–452–3206 beginning at FEDERAL COMMUNICATIONS profit entities. approximately 5 p.m. two business days COMMISSION Number of Respondents: 2,500 filings before the meeting for a recorded in any given year. Notice of Public Information announcement of bank and bank Estimated Time per Response: 2.25 holding company applications Collection(s) Being Reviewed by the hours. Federal Communications Commission, scheduled for the meeting; or you may Frequency of Response: Every ten Comments Requested contact the Board’s Web site at http:// years. www.federalreserve.gov for an April 4, 2000. Total Annual Burden: 5,625 hours. electronic announcement that not only SUMMARY: The Federal Communications Total Annual Costs: $337,500 in filing lists applications, but also indicates Commission, as part of its continuing fees (2,500 filings x $135 = $337,500). procedural and other information about effort to reduce paperwork burden Filing fee amounts vary depending upon the meeting. invites the general public and other the specific service for which Dated: April 7, 2000. Federal agencies to take this application is made. Most Form 405 Robert deV. Frierson, opportunity to comment on the services are subject to a $135 filing fee. Associate Secretary of the Board. following information collection, as Needs and Uses: FCC Form 405 is [FR Doc. 00–9117 Filed 4–7–00; 2:57 pm] required by the Paperwork Reduction used by common carriers and BILLING CODE 6210±01±P Act of 1995, Public Law 104–13. An Multipoint Distribution Service non- agency may not conduct or sponsor a common carriers to apply for renewal of collection of information unless it radio station licenses. Section 307(c) of DEPARTMENT OF HEALTH AND displays a currently valid control the Communications Act limits the term HUMAN SERVICES number. No person shall be subject to of common carrier radio licenses to ten any penalty for failing to comply with years and requires that written Office of the Secretary a collection of information subject to the applications be submitted for renewal. Paperwork Reduction Act (PRA) that FCC Form 405 is required by 47 CFR Office for Civil Rights; Statement of does not display a valid control number. parts 5, 21, 23, and 25 of the Organization Functions and Comments are requested concerning (a) Commission’s rules. Form 405 is being Delegations of Authority whether the proposed collection of revised to reflect the fact that information is necessary for the proper respondents no longer file this form for Part A of the Office of the Secretary, performance of the functions of the applications for services in Parts 22 and Statement of Organization, Functions, Commission, including whether the 101 of the Commission’s rules. and Delegation of Authority for the information shall have practical utility; Respondents now file FCC Form 601 for Department of Health and Human (b) the accuracy of the Commission’s applications for those services. Services is being amended at, Chapter burden estimate; (c) ways to enhance AT, Office for Civil Rights (OCR), as last the quality, utility, and clarity of the Federal Communications Commission. amended at 57 FR 14723, 4/22/92. The information collected; and (d) ways to Magalie Roman Salas, changes are to streamline the OCR minimize the burden of the collection of Secretary. headquarters by establishing an Office information on the respondents, [FR Doc. 00–8889 Filed 4–10–00; 8:45 am] of the Deputy Director, who will have including the use of automated BILLING CODE 6712±01±P day-to-day responsibility for OCR

VerDate 202000 20:23 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm04 PsN: 11APN1 19380 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices functions, and realigning the Department administers and/or operates 1. Program, Policy and Training headquarters program operations, directly; sets overall direction and Division (ATB1). This Division develops policy, and resource management priorities of the Office through budget policy and assists in implementation of functions into the following requests, strategic planning, and results- OCR’s compliance and enforcement components; Program, Policy and oriented operating and performance program; plans and coordinates OCR’s Training Division; Voluntary plans; maintains liaison with other high priority civil rights program Compliance and Outreach Division; and Federal departments and agencies initiatives; assesses results of a Resources Management Division. The charged with civil rights enforcement compliance activities, including, but not changes are as follows: responsibilities; coordinates with the limited to, reviewing challenges; White House on civil rights and related I conducts policy and HHS program- policies; maintains liaison with the related research; advises OCR staff Delete Section AT.00 Mission, At.10 Congress in coordination and nationwide on case development and Organization, and AT.20 Functions consultation with the Assistant quality; assists in developing paragraph A through the first paragraph Secretary for Legislation, notifying negotiation, enforcement, and litigation of C.4, and replace with the following: appropriate Congressional committees strategies; identifies training needs and Section AT.00 Mission of significant civil rights developments designs training programs for OCR staff; and informing members of compliance develops civil rights surveys; manages The Department of Health and Human developments affecting recipients of media and public relations; coordinates Services, through the Office for Civil Federal funds in their Congressional OCR’s inter-governmental relations Rights, promotes and ensures that districts; determines policies and activities; and provides civil rights and people have equal access to and standards for civil rights investigations, program advice to OCR staff nationwide, opportunity to participate in and receive enforcement and voluntary compliance other HHS components and external services in all HHS programs without and outreach programs in coordination stakeholders. facing unlawful discrimination. with the Secretary and other Federal 2. Voluntary Compliance and Through prevention and elimination of agencies; represents the Secretary before Outreach Division (ATB2). This unlawful discrimination, the Office for Congress and the Executive Office of the Civil Rights helps HHS carry out its President on matters relating to civil Division provides technical assistance overall mission of improving the health rights; and solicits the participation of to and conducts pre-grant reviews of and well-being of all people affected by program beneficiaries and recipients of providers/applicants seeking Medicare its many programs. Ensuring the HHS funds in implementing the certification and other program nondiscriminatory provision of services Department’s civil rights enforcement, participation funded by the Department funded or provided directly by the voluntary compliance and outreach to determine their ability to comply Department is a continuing challenge to programs. with civil rights requirements; provides guidance and assistance to OCR field all of the Department’s employees. A Principal Deputy Director serves as offices, in coordination with the the alter ego of the Director and acts for Section AT.10 Organization Program, Policy and Training Division, the Director in his/her absence. The The Office for Civil Rights is led by for ensuring uniform and efficient Office of the Director ensures that all a Director who reports to the Secretary. implementation of pre-grant processing documents requiring review or approval The Director also serves as the policies and procedures; maintains civil by the Director are assigned, cleared Secretary’s Special Assistant for Civil rights assurance of compliance forms for and/or monitored for timely action/ Rights and is responsible for overall permanent reference; maintains liaison responses to the Office’s stakeholders coordination of the Department’s civil with and provides civil rights technical and customers, including the Secretary, rights compliance and enforcement assistance and advisory services to HHS Departmental components, Congress, activities. The Office is comprised of the Operating Divisions (OPDIVS), national other government agencies, beneficiary following components: advocacy, beneficiary, and provider and advocacy organizations, and the Office of the Director (ATA) groups, and to other Federal public. The Office of the Director Office of the Deputy Director (ATB) departments and agencies with respect includes an Executive Secretariat Program, Policy and Training Division to civil rights outreach programs, function and a central support services (ATB1) initiatives, and mandates. Voluntary Compliance and Outreach coordination function. 3. Resource Management Division Division (ATB2) B. Office of the Deputy Director (ATB3). This Division implements Resource Management Division (ATB). This office is headed by a Deputy OCR’s administrative, financial, (ATB3) Director who reports to the Office of the information resource management Regional Offices for Civil Rights Director, OCR. The Deputy Director (IRM), data collection, and personnel (ATD1 through ATDX) coordinates the day-to-day operations of headquarters, overseeing program functions. The Division formulates and Section AT.20 Functions operations, policy development, and executes OCR’s budget; designs and A. Office of the Director (ATA). As the administrative, budget and human maintains systems and data bases; Department’s chief officer for the resources activities, including OCR’s administers OCR networks, including enforcement of the nondiscrimination internal coordination responsibilities. Internet and Intranet coordination; provisions of law and as adviser to the The Office of the Deputy Director develops management, administrative Secretary on civil rights, the Director is includes three headquarters units that and IRM policy; and manages personnel responsible for the overall leadership report to the Deputy Director: (1) the processing and performance and operations of the Office for Civil Program, Policy and Training Division; management and employee recognition Rights; establishes policy and serves as (2) the Voluntary Compliance and systems. adviser to the Secretary on civil rights Outreach Division; and (3) the Resource 4. Regional Office for Civil Rights issues, including intra-departmental Management Division. OCR Regional (ATD1 through ATDX). The Regional activities aimed at incorporating civil Managers also report to the Deputy Managers, Office for Civil Rights report rights compliance into programs the Director. directly to the Deputy Director.

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II. Delegations of Authority Affairs, the Office of Management and Food Stamp clients. VA will provide Budget on March 31, 2000. All delegations and redelegations of ACF with a file of individuals receiving authority to officials of the Office for SUPPLEMENTARY INFORMATION: VA compensation and pension benefits. The Defense Manpower Data Center Civil Rights that were in effect prior to A. General the effective date of this reorganization (DMDC), in the role of a contractor shall continue in effect pending further Pub. L. 100–503, the Computer providing computer support services to redelegation. Matching and Privacy Protection Act of ACF, will match the SPAAs, listed in 1988, amended the Privacy Act (5 U.S.C. attachment A, files with the VA file and Dated: March 22, 2000. 552a) by adding certain protections for provide ACF with VA pension and John J. Callahan, individuals applying for and receiving compensation benefit information for all Assistant Secretary for Management and Federal benefits. The law regulates the matched records. ACF will in turn Budget. use of computer matching by Federal provide the SPAAs with the appropriate [FR Doc. 00–8858 Filed 4–10–00; 8:45 am] agencies when records in a system of VA information. The SPAAs listed in BILLING CODE 4153±01±M records are matched with other Federal, attachment A, will use the VA State and local government records. The amendments require Federal information to verify client DEPARTMENT OF HEALTH AND agencies involved in computer matching circumstances for eligibility and for fair HUMAN SERVICES programs to: and equitable treatment, and to initiate (1) Negotiate written agreements with adverse action when appropriate. Administration for Children and source agencies; Families C. Authority for Conducting the (2) Provide notification to applicants Matching Program and beneficiaries that their records are Privacy Act of 1974; Computer subject to matching; The legal authority for this match is Matching ProgramsÐDepartment Of (3) Verify match findings before Veterans Affairs section 402 of the Social Security Act reducing, suspending or terminating an (42 U.S.C. 602) and section (b)(3) of the AGENCY: Administration for Children individual’s benefits or payments; Privacy Act (5 U.S.C. 552a). and Families, DHHS. (4) Furnish detailed reports to Congress and OMB; and D. Categories of Records and ACTION: Notice of a Computer Matching (5) Establish a Data Integrity Board Individuals Covered by the Match Program to Comply with Pub. L. 100– that must approve matching agreements. 503, the Computer Matching and VA will disclose information from the Privacy Protection Act of 1988. B. ACF Computer Match Subject to Pub. VA Compensation, Pension, and L. 100–503 Education and Rehabilitation Records— SUMMARY: In compliance with Pub. L. Below is a brief description followed VA (58 VA 21/22), contained in the 100–503, the Computer Matching and by a detailed notice of a computer Privacy Act Issuances, 1997 Privacy Protection Act of 1988, we are match that ACF will be conducting as of Compilation. publishing a notice of a computer May 1, 2000 or later. matching program that ACF will ACF will match this information with ACF computer match with State Public Assistance Agencies Client conduct on behalf of itself, the Health Department of Veterans Affairs (VA). Eligibility files. Care Financing Administration (HCFA), Purpose: To detect and determine the and the Food and Nutrition Service amount of benefit overpayment to E. Inclusive Dates of the Match (FNS), utilizing Veterans Affairs public assistance recipients by verifying pension and compensation information client VA pension and compensation This computer match will begin no and State Public Assistance Agency circumstances using VA automated data sooner than 30 days from the date HHS records. files. publishes a Computer Matching Notice ADDRESSES: in the Federal Register or 30 days from Interested parties may Notice of Computer Matching Program comment on this notice by writing to the date copies of the approved the Director, Office of State Systems State Public Assistance Agencies will agreement and the notice of the Policy, Administration for Children and match public assistance client records matching program are sent to the Families, Aerospace Building, 370 with VA compensation and pension Congressional committee of jurisdiction L’Enfant Promenade, SW, Washington, records. under subsections (0)(2)(B) and (r) of the DC 20447. All comments received will A. Participating Agencies Privacy Act, as amended, or 30 days be available for public inspection at this from the date the approved agreement is ACF, VA and State Public Assistance address. sent to the Office of Management and Agencies (SPAAs). FOR FURTHER INFORMATION CONTACT: Budget, whichever is later, provided no Director, Office of State Systems Policy, B. Purpose of the Matching Program comments are received which result in Administration for Children and The purpose of this matching program a contrary determination. Families, Aerospace Building, 370 is to provide the SPAAs listed in L’Enfant Promenade, SW, Washington, F. Address for Receipt of Public attachment A with data from the VA Comments or Inquiries DC 20447, Telephone Number (202) benefit and compensation file for the 401–6959. states to determine eligibility and insure Individuals wishing to comment on DATES: We filed a report of the subject fair and equitable treatment in the this matching program should submit ACF matching program with the delivery of benefits attributable to funds comments to the Director, Office of State Committee on Governmental Affairs of provided by the Federal Government. Systems Policy, Administration for the Senate and the Committee on The SPAAs, listed in attachment A, will Children and Families, Aerospace Government Reform and Oversight of provide ACF with a file of Medicaid, Building, 370 L’Enfant Promenade, SW, the House of Representatives and the Temporary Assistance to Needy Washington, DC 20447. Office of Information and Regulatory Families (TANF), general assistance and

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Dated: April 5, 2000. Interested persons are invited to send Dated: April 4, 2000. Olivia A. Golden, comments regarding this burden John P. Burke III, Assistant Secretary for Children and Families. estimate or any other aspect of this HCFA Reports Clearance Officer, HCFA Office collection of information, including any of Information Services, Security and Attachment A: ACF Public Assistance of the following subjects: (1) The Standards Group, Division of HCFA Reporting Information System (PARIS) necessity and utility of the proposed Enterprise Standards. Project information collection for the proper [FR Doc. 00–8866 Filed 4–10–00; 8:45 am] Participating State Public Assistance performance of the agency’s functions; BILLING CODE 4120±03±P Agencies (2) the accuracy of the estimated burden; (3) ways to enhance the quality, 1. Connecticut Department of Social utility, and clarity of the information to DEPARTMENT OF HEALTH AND Services be collected; and (4) the use of HUMAN SERVICES 2. District of Columbia Department of automated collection techniques or Social Services Health Care Financing Administration 3. Florida Division of Public Assistance other forms of information technology to 4. Illinois Department of Public Aid minimize the information collection [Document Identifier: HCFA±R±228] 5. Kansas Department of Social and burden. Type of Information Collection Emergency Clearance: Public Rehabilitation Services Request: New Collection; Information Collection Requirements 6. Louisiana Department of Social Title of Information Collection: Submitted to the Office of Management Services Evaluation of Qualified Medicare and Budget (OMB) 7. Maryland Department of Human Beneficiary (QMB) and Specified Low- Resources AGENCY: Income Medicare Beneficiary (SLMB) Health Care Financing 8. Massachusetts Department of Outreach Activities; Administration. Transitional Assistance Form No.: HCFA–R–317 (OMB# 0938- In compliance with the requirement 9. Nebraska Department of Social NEW); of section 3506(c)(2)(A) of the Services Use: State Medicaid and other State Paperwork Reduction Act of 1995, the 10. New York Department of Social agencies that assist the Medicare Health Care Financing Administration Services population will be queried regarding (HCFA), Department of Health and 11. North Carolina Department of specific outreach activities to Medicare Human Services, is publishing the Human Resources beneficiaries that qualify for QMB-only following summary of proposed 12. Ohio Department of Human Services and SLMB-only benefits. With this collections for public comment. 13. Oklahoma Department of Human information, the effectiveness of specific Interested persons are invited to send Services outreach activities can then be comments regarding this burden 14. Pennsylvania Department of Public evaluated. The results of the evaluation estimate or any other aspect of this Welfare can be used to identify those outreach collection of information, including any 15. South Dakota Department of Social activities that are most cost effective. of the following subjects: (1) The Services For effective outreach activities, the necessity and utility of the proposed 16. Tennessee Department of Human results can also be used to determine information collection for the proper Services optimal levels of outreach efforts (e.g., performance of the agency’s functions; 17. Texas Department of Human expenditures).; (2) the accuracy of the estimated Services Frequency: Annually; burden; (3) ways to enhance the quality, 18. Utah Department of Workforce Affected Public: State, Local or Tribal utility, and clarity of the information to Services and Department of Health Government; be collected; and (4) the use of 19. Virginia Department of Social Number of Respondents: 51; automated collection techniques or Services Total Annual Responses: 51; other forms of information technology to [FR Doc. 00–8961 Filed 4–10–00; 8:45 am] Total Annual Hours: 102. minimize the information collection To obtain copies of the supporting burden. BILLING CODE 4184±01±P statement and any related forms for the We are, however, requesting an proposed paperwork collections emergency review of the Information DEPARTMENT OF HEALTH AND referenced above, access HCFA’s Web collections referenced below. In HUMAN SERVICES Site address at http://www.hcfa.gov/ compliance with the requirement of regs/prdact95.htm, or E-mail your section 3506(c)(2)(A) of the Paperwork Health Care Financing Administration request, including your address, phone Reduction Act of 1995, we have number, OMB number, and HCFA submitted to the Office of Management [Document Identifier: HCFA±R±317] document identifier, to and Budget (OMB) the following Agency Information Collection [email protected], or call the Reports requirements for emergency review. Due Activities: Proposed Collection; Clearance Office on (410) 786–1326. to an unanticipated event and the fact Comment Request Written comments and that this collection of this information is recommendations for the proposed needed before the expiration of the AGENCY: Health Care Financing information collections must be mailed normal time limits under OMB’s Administration. within 60 days of this notice directly to regulations at 5 CFR part 1320, we are In compliance with the requirement the HCFA Paperwork Clearance Officer requesting an emergency review. of section 3506(c)(2)(A) of the designated at the following address: In an effort to comply with OMB’s Paperwork Reduction Act of 1995, the HCFA, Office of Information Services, terms of clearance, HCFA hired a Health Care Financing Administration Security and Standards Group, Division contractor to conduct a study of issues (HCFA), Department of Health and of HCFA Enterprise Standards, raised by the ACR form in use at the Human Services, is publishing the Attention: Dawn Willinghan, Room N2– time, and to develop recommendations following summary of proposed 14–26, 7500 Security Boulevard, to further reduce the workload needed collections for public comment. Baltimore, Maryland 21244–1850. to complete a new form. The project

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19383 took longer to complete than expected number, to [email protected], or call Management Authority, U.S. Fish and which delayed the submission of the the Reports Clearance Office on (410) Wildlife Service, 4401 N. Fairfax Drive, form for OMB approval. However, the 786–1326. Room 700, Arlington, Virginia 22203. statute (section 1854(a) of the Social Interested persons are invited to send You may also send your request by fax Security Act) specifically requires this comments regarding the burden or any to Room 700, Arlington, Virginia 22203. report to be submitted to HCFA by July other aspect of these collections of You may also send your request by fax 1 of each year. The form is used to price Information requirements. However, as to (703) 358–2281, to the attention of the M+C plan to be offered to Medicare noted above, comments on these Mike Carpenter. beneficiaries and HCFA must approve Information collection and FOR FURTHER INFORMATION CONTACT: the pricing structure of the M+C plan recordkeeping requirements must be Mike Carpenter, Office of Management before it can be offered to Medicare mailed and/or faxed to the designees Authority, telephone (703) 358–2104 or beneficiaries. referenced below, by May 22, 2000: fax (703) 358–2281, (see ADDRESSES We feel significant improvements Health Care Financing Administration, section) were made to the form which are Office of Information Services, SUPPLEMENTARY INFORMATION: In 1999 intended to simplify the methodology Security and Standards Group, the Service contracted with Dr. A. K. and submission, to reduce the amount Division of HCFA Enterprise Fedosenko of the Department of of reporting burden and backup needed, Standards, Attention: Dawn Conservation and Rational Use of Game and to provide more flexibility to users. Willinghan, Room N2–14–26, 7500 Resources of the Russian Federation to HCFA is requesting OMB review and Security Boulevard, Baltimore, conduct a survey of the argali (Ovis approval of this collection by June 1, Maryland 21244–1850; ammon polii) population in the eastern 2000, with a 180-day approval period. and portion of the Republic of Tajikistan. Office of Information and Regulatory Written comments and This survey is part of the continuing Affairs, Office of Management and recommendations will be accepted from review of the status of populations of Budget, Room 10235, New Executive the public if received by the individuals argali (Ovis ammon) listed as threatened Office Building, Washington, DC designated below by May 22, 2000. under the Endangered Species Act and 20503, Fax Number: (202) 395–6974 During this 180-day period, we will effected by the Special Rule at 50 CFR or (202) 395–5167, Attn: Allison publish a separate Federal Register 17.40(j). The present report is a Herron Eydt, HCFA Desk Officer. notice announcing the initiation of an continuation of the 1994 status review extensive 60-day agency review and Dated: April 4, 2000. of the threatened argali populations public comment period on these John P. Burke III, completed for the Service by Dr. Anna requirements. We will submit the HCFA Reports Clearance Officer, HCFA Office Lushchekina and Dr. Fedosenko and requirements for OMB review and an of Information Services, Security and presents the results of the 1999 survey extension of this emergency approval. Standards Group, Division of HCFA in the same context as the previous data Type of Information Collection Enterprise Standards. for the area. Request: Revision of a currently [FR Doc. 00–8865 Filed 4–10–00; 8:45 am] Dated: April 5, 2000. approved collection; BILLING CODE 4120±03±P Title of Information Collection: Kristen Nelson, Adjusted Community Rate (ACR) and Chief, Branch of Permits, Office of Management Authority. Supporting Regulations in 42 CFR DEPARTMENT OF THE INTERIOR 422.306, 422.501, and 422.510; [FR Doc. 00–8888 Filed 4–10–00; 8:45 am] Form No.: HCFA–R–228 (OMB# Fish and Wildlife Service BILLING CODE 4310±55±P 0938–0742); Use: This collection effort will be Availability of argali (Ovis ammon) used to price the M+C plan offered to Status Report for the Republic of DEPARTMENT OF THE INTERIOR Medicare beneficiaries by an M+C Tajikistan organization. Organizations submitting Geological Survey AGENCY: Fish and Wildlife Service. the Adjusted Community Rate form National Satellite Land Remote would include all M+C organizations ACTION: Notice of the availability of the contract report ‘‘Current Population Sensing Data Archive Advisory plus any organization intending to Committee, Committee Meeting contract with HCFA as a M+C Status of the Parmir Arhar (argali) in organization. These current M+C Tajikistan.’’ AGENCY: U.S. Geological Survey, Interior. organization contractors will be SUMMARY: The U.S. Fish and Wildlife required to submit this form no later Service (Service) announces the ACTION: Notice of meeting. than July 1, 2000 for the calendar year availability of a report titled ‘‘Current SUMMARY: Pursuant to Public Law 92– 2001.; Population Status of the Pamir Arhar Frequency: Annually; 463, the National Satellite Land Remote (Argali) in Tajikistan’’. This work is part Affected Public: Businesses or other Sensing Data Archive (NSLRSDA) of the continuing evaluation by the for profit, Not-for-profit institutions; Advisory Committee will meet at or Number of Respondents: 1,200; Service of the populations of argali in near the U.S. Geological Survey (USGS) Total Annual Responses: 1,200; accordance with the species’ listing National Center in Reston, VA. The Total Annual Hours Requested: under the U.S. Endangered Species Act. Committee, comprised of 15 members 114,000. The Service is making copies of the from academia, industry, government, To obtain copies of the supporting report available to the public for information science, natural science, statement and any related forms for the informational purposes. social science, and policy/law, will proposed paperwork collections DATES: The Service will accept requests provide the USGS with advice and referenced above, access HCFA’s Web to obtain a photocopy of the report for consultation on defining and Site address at http://www.hcfa.gov/ 60 days after April 11, 2000. accomplishing the NSLRSDA’a regs/prdact95.htm, or E-mail your ADDRESSES: Send your requests to the archiving and access goals to carry out request, including your address, phone Chief, Branch of Permits, Office of the requirements of the Land Remote

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Sensing Policy Act; on priorities of the CFR 8364.1. This designation remains in DEPARTMENT OF THE INTERIOR NSLRSDA’s tasks; and, on issues of effect until further notice. archiving, data management, science, National Park Service FOR FURTHER INFORMATION CONTACT: policy, and public-private partnerships. Joe Topics to be reviewed and discussed Jaramillo, Realty Specialist at Bureau of National Park Service, Golden Gate by the Committee include determining Land Management, Albuquerque Field National Recreation Area and Point the content of and upgrading the basic Office, 435 Montano NE, Albuquerque, Reyes National Seashore Advisory data set as identified by the Congress; New Mexico 87107, (505) 761–8779. Commission; Notice of Meeting Cancellation metadata content and accessibility; Dated: April 14, 2000. product characteristics, availability, and Steve W. Anderson, Notice is hereby given in accordance delivery; and archiving, data access, and with the Federal Advisory Committee distribution policies. Assistant Field Manager, Division of Lands and Minerals. Act that the meeting of the Golden Gate DATES AND LOCATION: April 26–28, 2000, [FR Doc. 00–8887 Filed 4–10–00; 8:45 am] National Recreation Area and Point commencing at 8:45 a.m. April 26 and Reyes National Seashore Advisory BILLING CODE 4310±AG±M adjourning at 2 pm on April 28. Meeting Commission previously scheduled for will be held at the USGS National Tuesday, April 18, 2000 in San Center in Reston, Virginia, Room DEPARTMENT OF THE INTERIOR Francisco will be canceled. BA102A on April 26–27. On April 28, The Advisory Commission was the meeting will be held at the Hyatt Bureau of Land Management established by Public Law 92–589 to Dulles. provide for the free exchange of ideas between the National Park Service and FOR FURTHER INFORMATION CONTACT: Mr. [AK±040±1410±00±HX] Thomas M. Holm, Acting Chief, Data the public and to facilitate the Services Branch, U.S. Geological Opening Order solicitation of advice or other counsel Survey, EROS Data Center, Sioux Falls, from members of the public on South Dakota, 57198 at (605) 594–6142 AGENCY: Bureau of Land Management, problems pertinent to the National Park or email at [email protected]. Interior. Service systems in Marin, San Francisco SUPPLEMENTARY INFORMATION: Meetings and San Mateo Counties. Members of SUMMARY: The State of Alaska the Commission are as follows: of the National Satellite Land Remote applications for selection made under Sensing Data Archive Advisory Mr. Richard Bartke, Chairman, Section 6(b) of the Alaska Statehood Act Committee are open to the public. Ms. Amy Meyer, Vice Chair, of July 7, 1958, 43 U.S.C. prec. 21 Previous Committee meeting minutes Ms. Susan Giacomini Allan, Mr. Douglas Siden, are available for public review at (1994), and under section 906(e) of the Alaska National Interest Lands Mr. Michael Alexander, http://edc.usgs.gov/programs/nslrsda/ Mr. Dennis J. Rodoni, advcomm.html. Conservation Act, 43 U.S.C. 1635(e) (1994), become effective without further Ms. Lennie Roberts, Dated: April 5, 2000. Ms. Yvonne Lee, action by the State upon publication of Ms. Carlota del Portillo, Richard E. Witmer, this public land order in the Federal Chief Geographer. Mr. Trent Orr, Register. Land not conveyed to the State Mr. Redmond Kernan, [FR Doc. 00–8854 Filed 4–10–00; 8:45 am] is opened and will be subject to the Ms. Betsey Cutler, BILLING CODE 4310±Y7±M terms and condition of Public Land Mr. Gordon Bennett, Order No. 5180, as amended, and any Ms. Anna-Marie Booth, other withdrawals of record. Mr. John J. Spring, DEPARTMENT OF THE INTERIOR Dr. Edgar Wayburn, Seward Meridian Mr. Mel Lane, Bureau of Land Management Mr. Doug Nadeau. Lot 1, U.S. Survey No. 3570, Alaska, [NM±010±1430±ER/±010±G0±0253] containing 3.15 acres. Dated: March 31, 2000. Brian O’Neill, Emergency Road Closure, Sandoval Seward Meridian General Superintendent, Golden Gate County, New Mexico T. 6 N., R. 11 W., National Recreation Area. Section 31, Lots 40, 41, and 42, containing AGENCY: Bureau of Land Management, [FR Doc. 00–8881 Filed 4–10–00; 8:45 am] 3.75 acres. Interior. BILLING CODE 4310±70±P ACTION: Road Closure of Access. FOR FURTHER INFORMATION CONTACT: Karen Collie, Realty Specialist, Bureau SUMMARY: Notice is hereby given that OFFICE OF THE SPECIAL TRUSTEE effective April 11, 2000, a road located of Land Management, Anchorage Field Office, 6881 Abbott Loop Road, FOR AMERICAN INDIANS within the SE1⁄4SE1⁄4NW1⁄4 of section 8, T. 23 N., R. 1 W., NMPM, is closed to Anchorage, Alaska 99507, 907–267– [FR00N±0001] all forms of access except as specifically 1210. Agency Information Collection authorized by the Bureau of Land Nick Douglas, Management. The closed area is Activities: Submission for OMB Field Manager. commonly known as the Gallina Road Review; Comment Request [FR Doc. 00–8867 Filed 4–10–00; 8:45 am] north of Cuba. The purpose of this road AGENCY: Office of the Special Trustee for closure is to prevent unnecessary BILLING CODE 4310±JA±P American Indians. degradation of resources, undue ACTION: Notice of Requests for Extension environmental damage and to ensure of Information Collection Approvals. resource protection on public lands. The emergency access closure is in SUMMARY: In compliance with the accordance with the provisions of 43 Paperwork Reduction Act of 1995 (44

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U.S.C. 3501 et seq.), the Office of the (the Reform Act) allows tribes to Regulatory Affairs, Office of Special Trustee for American Indians withdraw their money held in trust by Management and Budget, Attention: (OST) announces the following the U.S. Government. To withdraw their Desk Officer for the Interior Department, Information Collection Requests (ICRs) money, tribes must first submit an 725 17th Street, NW, Washington, DC have been submitted to the Office of application and get approval from the 20503. Management and Budget (OMB) for Secretary of the Interior. The Reform Please also send a copy of your review and approval: Application for Act also allows tribes to apply for comments to: Ms. Sarah Yepa, Office of Technical Assistance, OMB No. 1035– technical assistance and financial Trust Funds Management, Office of the 0001; Application for Technical assistance to complete the application. Special Trustee for American Indians, Assistance to Withdraw Tribal Funds Section 1200.13 tells tribes how to 505 Marquette, N.W., Suite 1000, from Trust Status (General), OMB No. submit an application to withdraw their Albuquerque, NM 87102. 1035–0002; and Application to money and Section 1200.14 tells them Dated: March 30, 2000. Withdraw Tribal Funds from Trust how they can apply for technical Donna Erwin, Status, OMB No. 1035–0003. The ICRs assistance and financial assistance. Director, Office of Trust Funds Management. describe the nature of the information These information collections allow us collections and their expected burdens to collect documents associated with [FR Doc. 00–8868 Filed 4–10–00; 8:45 am] and costs; where appropriate, they tribes withdrawing their funds held in BILLING CODE 4310±2W±P include the actual data collection trust and applying for technical instruments. assistance to withdraw funds under 25 DATES: Comments must be submitted on CFR 1200. Responses to these DEPARTMENT OF JUSTICE or before May 11, 2000. collections of information are required Request for Comments: You may send to obtain or retain a benefit. A Federal Federal Bureau of Investigation or deliver comments to the addressee in Register notice required under 5 CFR Meeting of the Compact Council for the the ADDRESSES section below. Please put 1320.8(d), soliciting comments on the document number on your proposed renewal of these collections of National Crime Prevention and Privacy comments found in brackets in the information, was published on 12/21/99 Compact heading of this notice. OMB has up to (FR99N–0001); no comments were AGENCY: Federal Bureau of 60 days to approve or disapprove the received. Investigation. information collection but may respond Burden Statement: The current ACTION: Meeting notice. after 30 days; therefore, public information collection authorizations comments should be submitted to OMB expire March 31, 2000. A Federal SUMMARY: The purpose of this notice is within 30 days to assure maximum agency may not conduct or sponsor, and to announce the meeting of the Compact consideration. We solicit your specific a person is not required to respond to, Council created by the National Crime comments as to: a collection of information unless it Prevention and Privacy Compact Act of (1) Whether the proposed information displays a currently valid OMB control 1998 (Compact). Thus far, the federal collections are necessary for the proper number. The application forms and government and five states are parties to performance of our agency’s functions, burden estimates are: the Compact which governs the including whether the information has 1. OMB No. 1035–0001, OST Form exchange of criminal history records for practical usefulness. No. SF–424A, Application for Technical licensing, employment, and similar (2) The accuracy of our burden Assistance to Withdraw Tribal Funds purposes. The Compact also provides a estimates of the collections of from Trust Status (Specific Budget): legal framework for the establishment of information. Respondents: American Indian Tribes a cooperative Federal-state system to (3) How to enhance the quality, Annual Respondents and Responses— exchange such records. utility, and clarity of the information to 12 The United States Attorney General be collected. Estimated Burden Per Response—39 appointed fifteen persons from federal (4) How to minimize the burden of the hours and state agencies to serve on the collections of information on those who Estimated Annual Burden—468 hours Compact Council. The Council will are to respond, including the use of 2. OMB No. 1035–0002, OST Form prescribe system rules and procedures appropriate automated, electronic, No. SF–424, Application for Technical for the effective and proper operation of mechanical, or other forms of Assistance to Withdraw Tribal Funds the system. information technology. from Trust Status (General): The meeting will be open to the FOR FURTHER INFORMATION CONTACT: Respondents: American Indian Tribes public on a first-come, first-seated basis. Sarah Yepa at OST by phone at (505) Annual Respondents and Responses— Any member of the public wishing to 248–5711, by email at l 12 file a written statement with the sarah [email protected]. Estimated Burden Per Response—13 Compact Council or wishing to address SUPPLEMENTARY INFORMATION: hours this session of the Compact Council Titles: Application for Technical Estimated Annual Burden—156 hours should notify Mr. Emmet A. Rathbun at Assistance, OMB No. 1035–0001; 3. OMB No. 1035–0003, Application (304) 625–2720, at least 24 hours prior Application for Technical Assistance to to Withdraw Tribal Funds from Trust to the start of the session. The Withdraw Tribal Funds from Trust Status notification should contain the Status (General), OMB No. 1035–0002; Respondents: American Indian Tribes requestor’s name and corporate and Application to Withdraw Tribal Annual Respondents and Responses— designation, consumer affiliation, or Funds from Trust Status, OMB No. 12 government designation, along with a 1035–0003. The requests to OMB are to Estimated Burden Per Response—342 short statement describing the topic to extend these currently approved hours be addressed, and the time needed for collections for three years. Estimated Annual Burden—4104 hours the presentation. Requestors will Abstract: The American Indian Trust Addresses: Please address your ordinarily be allowed not more than 15 Fund Management Reform Act of 1994 comments to: Office of Information and minutes to present a topic.

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DATES AND TIMES: The Compact Council submitted to the Department of Justice policy makers to assess current trends will meet in open session from 9 a.m. (DOJ), Justice Management Division, and patterns in the Nation’s correctional until 5 p.m. on May 23–24, 2000. Information Management and Security populations. ADDRESS: The meeting will take place at Staff, Attention: Department Clearance (5) An estimate of the total number of the Swissotel Atlanta, 3391 Peachtree Officer, Suite 850, 1001 G Street, NW, respondents and the amount of time Road, NE, Atlanta, Georgia, telephone Washington, DC 20530. Additionally, estimated for an average respondent to (404) 365–0065. comments may be submitted to DOJ via respond/reply: It is estimated that 41 facsimile to (202) 514–1590. FOR FURTHER INFORMATION CONTACT: respondents will take on average 2 Written comments and/or suggestions Inquiries may be addressed to Mr. hours to respond. from the public and affected agencies Emmet A. Rathbun, Unit Chief, concerning the proposed collection of (6) An estimate of the total public Programs Development Section, CJIS information should address one or more burden (in hours) associated with the Division, FBI, 1000 Custer Hollow Road, of the following four points: collection: 2,196 hours annual burden. Clarksburg, West Virginia 26306–0147, (1) Evaluate whether the proposed telephone (304) 625–2720, facsimile If additional information is required collection of information is necessary (304) 625–5388. contact: Ms Brenda E. Dyer, Deputy for the proper performance of the Clearance Officer, United States Dated: March 31, 2000. function of the agency, including Department of Justice, Information Don M. Johnson, whether the information will have Management and Security Staff, Justice Section Chief, Programs Development practical utility; Management Division, Suite 1220, Section, Federal Bureau of Investigation. (2) Evaluate the accuracy of the National Place, 1331 Pennsylvania [FR Doc. 00–8883 Filed 4–10–00; 8:45 am] agency’s estimate of the burden of the Avenue NW, Washington, DC 20530. BILLING CODE 4410±02±M proposed collection of information, including the validity of the Dated: April 6, 2000. methodology and assumptions used; Brenda E. Dyer, DEPARTMENT OF JUSTICE (3) Enhance the quality, utility, and Department Deputy Clearance Officer, United clarity of the information to be States Department of Justice. Office of Justice Programs collected; and [FR Doc. 00–8998 Filed 4–10–00; 8:45 am] (4) Minimize the burden of the BILLING CODE 4410±18±M Agency Information Collection collection of information on those who Activities: Existing Collection; are to respond, including through the Comment Request use of appropriate automated, electronic, mechanical, or other ACTION: Notice of Information Collection DEPARTMENT OF LABOR Under Review; Extension of a Currently technological collection techniques or Employment and Training Approved Collection. other forms of information technology, e.g., permitting electronic submission of Administration responses. National Corrections Reporting Program Overview of This Information [TA±W±37,313; NAFTA±03670] The Department of Justice, Office of (1) Type of information collection: PacifiCorp Shareholders Services and Justice Programs, Bureau of Justice Extension of a currently approved Investor Relations Departments, Statistics, has submitted the following collection. Portland, OR; Dismissal of Application information collection request for (2) The title of the form/collection: for Reconsideration review and clearance in accordance National Corrections Reporting Program. with the Paperwork Reduction Act of (3) The agency form number, if any, Pursuant to 29 CFR 90.18(C) an 1995. Office of Management and Budget and the applicable component of the application for administrative approval is being sought for the Department sponsoring the collection: reconsideration was filed with the information collection listed below. Forms: NCRP–1A, NCRP–1B, NCRP–1C, Director of the Division of Trade This proposed information collection and NCRP–1D. Corrections Unit, Bureau Adjustment Assistance for workers at was previously published in the Federal of Justice Statistics, Office of Justice PacifiCorp Shareholders Services and Register on January 13, 2000, allowing Programs, United States Department of Investor Relations Departments, for a 60-day public comment period. Justice. Portland, Oregon. The application The purpose of this notice is to allow (4) Affected public who will be asked contained no new substantial an additional 30 days for public or required to respond, as well as a brief information which would bear comment until May 11, 2000. This abstract: State Departments of importantly on the Department’s process is conducted in accordance with Corrections. The National Corrections determination. Therefore, dismissal of 5 CFR 1320.10. Reporting Program is the only national the application was issued. Written comments and/or suggestions level data collection that provides regarding the item(s) contained in this information on sentence length, TA–W–37,313 and NAFTA–03670; notice, especially regarding the expected time to be served in prison, PacifiCorp Shareholders Services and Investor Relations Dept., Portland, Oregon estimated public burden and associated actual time served by released prisoners, (March 28, 2000) response time, should be directed to the method of release, time served on Office of Management and Budget, parole, type of parole discharge, offense Signed in Washington, D.C. this 29th day Office of Information and Regulatory composition of offenders entering and of March, 2000. Affairs, Attention: Department of Justice exiting prison and parole, and other Grant D. Beale, Desk Officer, Washington, DC 20530. characteristics of inmates and parolees. Program Manager, Division of Trade Additionally, comments may be The data is used by Department of Adjustment Assistance. submitted to OMB via facsimile to (202) Justice officials, the U.S. Congress, [FR Doc. 00–8927 Filed 4–10–00; 8:45 am] 395–7285. Comments may also be prison administrators, researchers, and BILLING CODE 4510±27±M

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR

Employment and Training Employment and Training Employment and Training Administration Administration Administration [TA±W±36,442] [TA±W±37,240] [TA±W±37,438] Philips Lighting Company, Fairmont, Chevron Products Company, Georgia Pacific Corporation, Building WV; Notice of Negative Determination Roosevelt, UT; Dismissal of Products Division, OSB Mill, on Reconsideration Application for Reconsideration Woodland, ME; Notice of Termination On November 23, 1999, the of Investigation Pursuant to 29 CFR 90.18(C) an Department issued an Affirmative application for administrative Pursuant to section 221 of the Trade Determination Regarding Application for Reconsideration for the workers and reconsideration was filed with the Act of 1974, an investigation was former workers of the subject firm. The Director of the Division of Trade initiated on March 13, 2000 in response notice was published in the Federal Adjustment Assistance for workers at to a worker petition which was filed by Register on December 21, 1999 (64 FR Chevron Products Company, Roosevelt, the union on behalf of workers at 244, Pages 71502–71503). Utah. The application contained no new Georgia Pacific Corporation, Building The Department initially denied TAA substantial information which would Products Division, OSB Mill, Woodland, to workers of the Fairmont facility bear importantly on the Department’s Maine. because the ‘‘contributed importantly’’ determination. Therefore, dismissal of The petitioner has requested that the group eligibility requirement of section the application was issued. petition be withdrawn. Consequently, 222(3) of the Trade Act of 1974, as TA–W–37,240; Chevron Products Company, further investigation in this case would amended, was not met. The Roosevelt, Utah (March 29, 2000) serve no purpose, and the investigation Department’s findings determined that has been terminated. separations of workers during the Signed in Washington, D.C. this 29th day of March, 2000. Signed in Washington, DC this 24th day of relevant period were the result of March, 2000. fluctuations in demand and a domestic Grant D. Beale, transfer of production. The Grant D. Beale, Program Manager, Division of Trade determination also stated that Philips Adjustment Assistance. Program Manager, Division of Trade Lighting Company does not import Adjustment Assistance. [FR Doc. 00–8914 Filed 4–10–00; 8:45 am] flourescent lighting products. BILLING CODE 4510±30±M [FR Doc. 00–8928 Filed 4–10–00; 8:45 am] The petitioners requesting BILLING CODE 4510±30±M reconsideration asserted that the company is importing lighting products DEPARTMENT OF LABOR such as those produced at Fairmont in DEPARTMENT OF LABOR recent periods and that equipment Employment and Training transferred to a foreign location was Administration Employment and Training being used to manufacture products Administration formerly produced at Fairmont. [TA±W±37,346] The Department’s initial Negative [TA±W±37,211; NAFTA±03584] Determination noted that workers of the Enaid Sportswear, Inc., New York, New Fairmont facility were covered by a York; Notice of Termination of Masonite Corporation, Pilot Rock, OR; previous TAA certification through Investigation Dismissal of Application for April 15, 1999. Thus, the instant Reconsideration investigation focused on separations Pursuant to section 221 of the Trade that have occurred since April 15, 1999. Act of 1974, an investigation was Pursuant to 29 CFR 90.18(C) an On reconsideration, the Department initiated on February 14, 2000, in application for administrative conducted further investigation and response to a worker petition which was reconsideration was filed with the obtained additional information from filed on behalf of workers at Enaid Director of the Division of Trade the subject firm. The Department has Sportswear, Inc., New York, New York. Adjustment Assistance for workers at concluded that, although the company The subject firm closed on September Masonite Corporation, Pilot Rock, does in fact import flourescent lighting 30, 1999. The Department has been Oregon. The application contained no products, it does not import any unable to locate principals of the firm new substantial information which products such as those produced at on otherwise obtain information to would bear importantly on the Fairmont within the past two years. The reach a determination on worker Department’s determination. Therefore, further investigation substantiated the eligibility. Consequently, further dismissal of the application was issued. previous finding that separations of investigation in this case would serve TA–W–37,211 and NAFTA–03584; Masonite workers from the Fairmont facility in no purpose, and the investigation has Corporation, Pilot Rock, Oregon (March 28, the second half of 1999 were been terminated. 2000) attributable to the transfer of production of certain flourescent lighting products Signed in Washington, D.C. this 29th day Signed at Washington, D.C. this 27th day to another domestic location of the of March 2000. of March, 2000. subject firm. The further investigation Grant D. Beale, Grant D. Beale, also substantiated previous findings that Program Manager, Division of Trade Program Manager, Division of Trade equipment transferred from the Adjustment Assistance. Adjustment Assistance. Fairmont plant to a foreign location [FR Doc. 00–8930 Filed 4–10–00; 8:45 am] [FR Doc. 00–8926 Filed 4–10–00; 8:45 am] included such items as fork lifts and BILLING CODE 4510±30±M BILLING CODE 4510±30±M that no equipment transferred to the

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APPENDIX [Petitions instituted on 03/20/00]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

37,470 ..... Radionic's, Inc (Wrks) ...... Salinas, CA ...... 03/10/00 Communicators, Keypads. 37,471 ..... Huffy Bicycles (Comp) ...... Southhaven, MS ...... 02/24/00 Bicycles. 37,472 ..... MCNIC Oil and Gas Co (Wrks) ...... Detroit, MI ...... 02/21/00 Natural Gas. 37,473 ..... Far East International (Wrks) ...... Hunt. Beach, CA ...... 03/05/00 Custom Doors. 37,474 ..... Now Fabrics, Inc (Comp) ...... New York, NY ...... 03/01/00 Knitted Fabrics. 37,475 ..... Findlay Industries (Wrks) ...... Johnstown, OH ...... 03/07/00 Auto Interior Trim Products. 37,476 ..... Triten Leathergoods (Comp) ...... Johnson City, TN ...... 03/06/00 Business Leather Accessories. 37,477 ..... Pinewood Casuals, Inc (Comp) ...... Philipsburg, PA ...... 02/21/00 Men's Suit Pants. 37,478 ..... Hartwell Sports (Comp) ...... Hartwell, GA ...... 02/25/00 Knit Shirts. 37,479 ..... Rocky Shoes and Boots (UNITE) ...... Nelsonville, OH ...... 03/10/00 Occupational Boots. 37,480 ..... Chevron Info. Technology (Comp) ...... San Francisco, CA ...... 03/10/00 Provides Support to Parent Co. 37,481 ..... Inland Refining (Comp) ...... Woods Cross, UT ...... 03/08/00 Oil and Gas. 37,482 ..... Quantum Corp (Comp) ...... Colorado Sprg, CO ..... 02/29/00 Computer Storage Drives. 37,483 ..... American Identity (Comp) ...... Ocean Springs, MS ..... 03/08/00 Headwear. 37,484 ..... Calgon Corp (Wrks) ...... Ellwood City, PA ...... 03/06/00 Specialty Chemicals. 37,485 ..... Rising Eagle Enterprises (Comp) ...... East Tawas, MI ...... 03/09/00 Cameras. 37,486 ..... Down River Forest (AWPP) ...... Woodland, WA ...... 03/06/00 Wood Trim, Molding, Block Panels. 37,487 ..... Alta Gold Co (Wrks) ...... Fernley, NV ...... 03/07/00 Gold. 37,488 ..... Tyco Electronics (Comp) ...... Marion, KY ...... 03/07/00 Electrical Relays and Circuit Breakers. 37,489 ..... Hasbro Manufacturing Serv (Comp) ...... El Paso, TX ...... 03/07/00 Toys. 37,490 ..... Brechteen (Wrks) ...... Chesterfield, MI ...... 03/10/00 Sausage Casings. 37,491 ..... Cherrybell Mfg Corp (Comp) ...... Tucson, AZ ...... 02/28/00 Ladies' Underwear. 37,492 ..... ISO Electronics, Inc (Comp) ...... Indianapolis, IN ...... 03/08/00 Resistors and Diodes. 37,493 ..... Levi Strauss & Co (Wrks) ...... El Paso, TX ...... 03/09/00 Pants. 37,494 ..... Border Apparel, Inc (UNITE) ...... El Paso, TX ...... 02/17/00 Jeans. 37,495 ..... Wolverine Tube, Inc (Comp) ...... Roxboro, NC ...... 02/20/00 Copper Tube.

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[FR Doc. 00–8929 Filed 4–10–00; 8:45 am] certification to include workers of notice. Upon receipt of these petitions, BILLING CODE 4510±30±M Interim Personnel, Adecco Employment the Director of the Division of Trade Services, Inc., and TRC Staffing Adjustment Assistance, Employment Services, Inc. leased to Weiser Lock, a and Training Administration, has DEPARTMENT OF LABOR Masco Subsidiary, Tucson, Arizona. instituted investigations pursuant to Accordingly, the Department is Section 221 (a) of the Act. Employment and Training amending the certification to reflect this Administration The purpose of each of the matter. investigations is to determine whether [TA±W±37,105] The amended notice applicable to the workers are eligible to apply for TA–W–37,105 is hereby issued as adjustment assistance under Title II, Weiser Lock, a Masco Subsidiary follows: Chapter 2, of the Act. The investigations Including Leased Workers of Interim ‘‘All workers of Weiser Lock, a Masco will further relate, as appropriate, to the Personnel, ADECCO Employment Subsidiary, Tucson, Arizona and leased determination of the date on which total Services, Inc., TRC Staffing Services, workers of Interim Personnel, Adecco or partial separations began or Inc., Tucson, AZ; Amended Employment Services, Inc., and TRC Staffing threatened to begin and the subdivision Services, Inc., Tucson, Arizona engaged in Certification Regarding Eligibility To of the firm involved. Apply for Worker Adjustment the production of residential door hardware Assistance for Weiser Lock, A Masco Subsidiary, The petitioners or any other persons Tucson, Arizona who became totally or showing a substantial interest in the In accordance with section 223 of the partially separated from employment on or subject matter of the investigations may Trade Act of 1974 (19 U.S.C. 2273) the after November 19, 1998 through December request a public hearing, provided such Department of Labor issued a 28, 2001 are eligible to apply for adjustment request is filed in writing with the Certification of Eligibility to Apply for assistance under section 223 of the Trade Act of 1974.’’ Director, Division of Trade Adjustment Worker Adjustment Assistance on Assistance, at the address shown below, December 28, 1999, applicable to Signed at Washington, D.C. this 3rd day of not later than April 21, 2000. workers of Weiser Lock, a Masco April, 2000. Grant D. Beale, Interested persons are invited to Subsidiary, Tucson, Arizona. The notice submit written comments regarding the will be published soon in the Federal Program Manager, Division of Trade Adjustment Assistance. subject matter of the investigations to Register. the Director, Division of Trade [FR Doc. 00–8916 Filed 4–10–00; 8:45 am] At the request of the company, the Adjustment Assistance, at the address Department reviewed the certification BILLING CODE 4510±30±M shown below, not later than April 21, for workers of the subject firm. New 2000. information provided by the company shows that some employees of Weiser DEPARTMENT OF LABOR The petitions filed in this case are Lock were leased from Interim available for inspection at the Office of Personnel, Adecco Employment Employment and Training the Director, Division of Trade Services, Inc., and TRC Staffing Administration Adjustment Assistance, Employment and Training Administration, U.S. Services, Inc. to produce residential Investigations Regarding Certifications door hardware at the Tucson, Arizona Department of Labor, 200 Constitution of Eligibility To Apply for Worker Avenue, NW, Washington, DC 20210. plant. Worker separations occurred at Adjustment Assistance these companies as a result of worker Signed at Washington, D.C. this 27th day separations at Weiser Lock, a Masco Petitions have been filed with the of March, 2000. Subsidiary, Tucson, Arizona. Secretary of Labor under Section 221 (a) Grant D. Beale, Based on these findings, the of the Trade Act of 1974 (‘‘the Act’’) and Program Manager, Division of Trade Department is amending the are identified in the Appendix to this Adjustment Assistance.

APPENDIX [Petitions instituted on 03/27/00]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

37,496 ..... Zin Plas (Co.) ...... Grand Rapids, MI ...... 03/10/00 Plumbing Components. 37,497 ..... Russell Athletic (Co.) ...... Ashland, AL ...... 03/10/00 Knit Apparel. 37,498 ..... Corbin Ltd (UNITE) ...... Huntington, WV ...... 03/08/00 Trousers. 37,499 ..... Lenox China (GMP) ...... Pomona, NJ ...... 03/03/00 Fine China Dinnerware. 37,500 ..... Ultra Building Systems (Wkrs) ...... S. Hackensack, NJ ...... 02/15/00 Vinyl Windows. 37,501 ..... Stant, Inc. (Wkrs) ...... Connersville, IN ...... 03/13/00 Chrome Plating Fuel Rail and Components. 37,502 ..... Leica Microsystems (Wkrs) ...... Depew, NY ...... 03/17/00 Scientific and Ophthalmic Instrumentation. 37,503 ..... Swiss-M-Tex (Wkrs) ...... Travelers Rest, SC ...... 03/18/00 Schiffli Embroidery. 37,504 ..... MTF, Inc (Wkrs) ...... West Lawn, PA ...... 03/15/00 Finish Yarn. 37,505 ..... Fedco Automotive Co. (Wkrs) ...... Buffalo, NY ...... 03/09/00 Heater Cores. 37,506 ..... Ingersoll Rand (Wkrs) ...... Los Angeles, CA ...... 03/04/00 Door Locks and Door Lock Parts. 37,507 ..... American Identity (Co.) ...... Canton, SD ...... 03/08/00 Outerwear Jackets. 37,508 ..... Meritor Automotive (UAW) ...... Oshkosh, WI ...... 03/02/00 Axles, Transmissions. 37,509 ..... May Apparel (The) (Co.) ...... Mebane, NC ...... 03/09/00 Infant and Childrens Apparel. 37,510 ..... Cliftex Corp (UNITE) ...... New Bedford, MA ...... 03/13/00 Men's Sportswear. 37,511 ..... AventÐKimberly Clark (Co.) ...... Tucson, AZ ...... 03/13/00 Disposable Surgical Gowns, Caps, etc. 37,512 ..... London International (Co.) ...... Dothan, AL ...... 01/10/00 Condoms. 37,513 ..... Apparel Sales & Printing (Co.) ...... Andrews, SC ...... 03/06/00 Tee-Shirts. 37,514 ..... C and L Textiles Corp. (Co.) ...... New York, NY ...... 03/03/00 Knitted Fabric.

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APPENDIXÐContinued [Petitions instituted on 03/27/00]

Date of TA±W Subject firm (petitioners) Location petition Product(s)

37,515 ..... Sierra Pacific Apparel (Co.) ...... Visalia, CA ...... 03/14/00 JeansÐMen, Women and Children. 37,516 ..... Finishing 2000 (Co.) ...... El Paso, TX ...... 03/14/00 Finish Jeans. 37,517 ..... U.S. Sales Corp. (Wkrs) ...... San Fernando, CA ...... 03/07/00 Direct Mail Distribution. 37,518 ..... Double ``L'' Learning (Wkrs) ...... Tupelo, MS ...... 03/15/00 Provides Childcare. 37,519 ..... Air Products & Chemicals (Co.) ...... Pace, FL ...... 03/17/00 Methanol and Methylamines.

[FR Doc. 00–8921 Filed 4–10–00; 8:45 am] DEPARTMENT OF LABOR Farmington, Connecticut locations of BILLING CODE 4510±30±M Delphax Corporation. A Xerox Employment and Training Company, when they close in March Administration and April, 2000 respectively. The DEPARTMENT OF LABOR [NAFTAÐ03516, et al.] workers provided engineering, support services, sales and marketing services to Employment and Training Delphax Corporation; A Xerox support the production of printers Administration Company, Canton, Massachusetts, etc. (DocuPrint 900/1300 models) at the Canton, Massachusetts facility. In the matter of: Delphax Corporation, a [NAFTA±3578] Xerox Company, Canton, Massachusetts; The intent of the Department’s Including Leased Workers of: Accountemps, certification is to include all workers of Court Metal Finishing, Inc., Flint, MI; Braintree, Massachusetts; Judge Technical Delphax Corporation, A Xerox Notice of Affirmative Determination Service, Needham, Massachusetts; MMD Company, who were adversely affected Regarding Application for Temps, Natick, Massachusetts; TAC by a shift of production to Canada. Reconsideration Engineering, Newton, Massachusetts; New England Engineers & Design, Norwood, Accordingly, the Department is By letter of February 2, 2000, Massachusetts; Prosource, Waltham, amending the certification to include petitioners request administrative Massachusetts; Strategy Tech Services, workers of Delphax Corporation, A reconsideration of the Department of Westboro, Massachusetts; TAC Staffing, Xerox Company, Salem, New Labor’s Notice of Negative Dedham, Massachusetts; Techaid, Waltham, Hampshire and Farmington, Massachusetts; Technical Personnel Services, Connecticut locations. Determination Regarding Eligibility to Andover, Massachusetts; Winter, Wyman, Apply for NAFTA-Transitional Boston, Massachusetts, NAFTA—03516A, The amended notice applicable to Adjustment Assistance (NAFTA–3578) Delphax Corporation, A Xerox Company, NAFTA–03516 is hereby issued as for workers or the subject firm. The Salem, New Hampshire, NAFTA—03516B; follows: denial notice was signed on January 6, Delphax Corporation, A Xerox Company; 2000, and published in the Federal Farmington, Connecticut. ‘‘All workers of Delphax Corporation, A Register on January 14, 2000 (65 FR Xerox Company, Canton, Massachusetts and Amended Certification Regarding all temporary workers of Accountemps; Judge 2433). Eligibility to Apply for NAFTA- Technical Services; MMD Temps; TAC The petitioners present information Transitional Adjustment Assistance Engineering; New England Engineers & regarding customer imports from In accordance with section 250(a), Design; ProSource; Strategy Tech Services; Mexico of articles like or directly Subchapter D, Chapter 2, Title II, of the TAC Staffing; TechAid; Technical Personnel competitive with those produced at the Trade Act of 1974 (19 USC 2273), the Services; and Winter, Wyman (NAFTA–0316) workers’ firm. Department of Labor issued a engaged in employment related to the Certification for NAFTA Transitional production of printers (DocuPrint 900/1300 Conclusion Adjustment Assistance on June 3, 1999, models) at the Canton, Massachusetts facility, After careful review of the applicable to workers of Delphax and all workers of Delphax Corporation, A application, I conclude that the claim is Corporation, A Xerox Company, Canton, Xerox Company, Salem, New Hampshire of sufficient weight to justify Massachusetts, including its leased (NAFTA–03516A) and Farmington, Connecticut (NAFTA–3516B) who became reconsideration of the Department of workers from the following firms: totally or partially separated from Labor’s prior decision. The application Accountemps; Judge Technical Service; employment on or after October 12, 1998 is, therefore, granted. MMD Temps; TAC engineering; New England Engineers & Design; ProSource, through November 18, 2001 are eligible to Signed at Washington, D.C. this 31st day of Strategy Tech Services; TAC Staffing; apply for NAFTA–TAA under Section 250 of March 2000. TechAid; Technical Personnel Services; the Trade Act of 1974.’’ Grant D. Beale, and Winter, Wyman. The notice was Signed at Washington, D.C. this 3rd day of Program Manager, Division of Trade published in the Federal Register on April, 2000. Adjustment Assistance. December 28, 1999 (64 FR 72693). [FR Doc. 00–8922 Filed 4–10–00; 8:45 am] At the request of the company, the Grant D. Beale, Program Manager, Division of Trade BILLING CODE 4510±30±M Department reviewed the certification for workers of the subject firm. New Adjustment Assistance. information received from the company [FR Doc. 00–8917 Filed 4–10–00; 8:45 am] shows that worker separations occurred BILLING CODE 4510±30±M at the Salem, New Hampshire and

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DEPARTMENT OF LABOR initiated on March 7, 2000, in response Labor (DOL), announces the filing of the to a petition filed on the same date on petition and takes action pursuant to Employment and Training behalf of workers at McCain Foods, paragraphs (c) and (e) of Section 250 of Administration Burley, Idaho. the Trade Act. [NAFTA±3769] The company official submitting the petition has requested that the petition The purpose of the Governor’s actions and the Labor Department’s The Diana Knitting Corporation, be withdrawn. Consequently, further investigations are to determine whether Johnstown, NY; Notice of Termination investigation in this case would serve the workers separated from employment of Investigation no purpose, and the investigation has been terminated. on or after December 8, 1993 (date of Pursuant to section 221 of the Trade enactment of Pub.L. 103–182) are Signed in Washington, D.C. this 4th day of Act of 1974, an investigation was April, 2000. eligible to apply for NAFTA–TAA under initiated on February 8, 2000, in Grant D. Beale, Subchapter D of the Trade Act because response to a worker petition which was of increased imports from or the shift in filed on behalf of workers at The Diana Program Manager, Division of Trade Adjustment Assistance. production to Mexico or Canada. Knitting Corporation, Johnstown, New York. [FR Doc. 00–8924 Filed 4–10–00; 8:45 am] The petitioners or any other persons An active certification covering the BILLING CODE 4510±30±M showing a substantial interest in the petitioning group of workers at the subject matter of the investigations may subject firm remains in effect (NAFTA– request a public hearing with the 3727E). Consequently, further DEPARTMENT OF LABOR Director of DTAA at the U.S. Department of Labor (DOL) in investigation in this case would serve Employment and Training no purpose, and the investigation has Administration Washington, DC provided such request been terminated. is filed in writing with the Director of Signed in Washington, D.C. this 3rd day of Investigations Regarding Certifications DTAA not later than April 21, 2000. April, 2000. of Eligibility To Apply for NAFTA Also, interested persons are invited to Grant D. Beale, Transitional Adjustment Assistance submit written comments regarding the Program Manager, Division of Trade Petitions for transitional adjustment subject matter of the petitions to the Adjustment Assistance. assistance under the North American Director of DTAA at the address shown [FR Doc. 00–8923 Filed 4–10–00; 8:45 am] Free Trade Agreement—Transitional below not late than April 21, 2000. BILLING CODE 4510±30±M Adjustment Assistance Implementation Petitions filed with the Governors are Act (Pub.L. 103–182), hereinafter called available for inspection at the Office of DEPARTMENT OF LABOR (NAFTA–TAA), have been filed with the Director, DTAA, ETA, DOL, Room State Governors under Section 250 (b)(1) C–4318, 200 Constitution Avenue, NW, Employment and Training of Subchapter D, Chapter 2, Title II, of Washington, DC 20210. Administration the Trade Act of 1974, as amended, are identified in the Appendix to this Grant D. Beale, [NAFTA±3789] Notice. Upon notice from a Governor Program Manager, Division of Trade McCain Foods, Burley, ID; Notice of that a NAFTA–TAA petition has been Adjustment Assistance. Termination of Investigation received, the Director of the Division of Trade Adjustment Assistance (DTAA), Pursuant to Section 221 of the Trade Employment and Training Act of 1974, an investigation was Administration (ETA), Department of

APPENDIX [03/28/2000]

Date received Subject firm Location at Governor's Petition No. Articles produced office

Renewable Energies (Co.) ...... Slatyfork, WV ...... 02/14/2000 NAFTA±3,731 ...... Fuel. Custom Emblems (Wkrs) ...... Tampa, FL ...... 02/21/2000 NAFTA±3,732 ...... Embroidery & name tags. Langenberg Hat (Wkrs) ...... New Haven, MO ...... 02/18/2000 NAFTA±3,733 ...... Hat & caps. FNA Acquisition (Co.) ...... Mooresville, NC ...... 02/18/2000 NAFTA±3,734 ...... Prints & dyed fabrics. Corporate Expressions Group (Co.) ...... Salisbury, NC ...... 02/18/2000 NAFTA±3,735 ...... Administrative services. Square D (IBEW) ...... Oshkosh, WI ...... 02/18/2000 NAFTA±3,736 ...... Transformers. Elliott Corporation (Wkrs) ...... Gillett, WI ...... 02/10/2000 NAFTA±3,737 ...... Welding gloves. Quaker Oats (UFCW) ...... St. Joseph, MO ...... 02/17/2000 NAFTA±3,738 ...... Ready to eat cereal. Southside Sportswear (Co.) ...... Florence, SC ...... 02/18/2000 NAFTA±3,739 ...... Sewing of children's shirts & pants. Preston Trucking (GT) ...... Pittsburg, PA ...... 02/14/2000 NAFTA±3,740 ...... Hauling freight. McMoRan Exploration (Co.) ...... Pecos, TX ...... 02/15/2000 NAFTA±3,741 ...... Molten elemental sulpur. Target (Wkrs) ...... Naperville, IL ...... 02/18/2000 NAFTA±3,742 ...... Retail store. Border Apparel Laundry (UNITE) ...... El Paso, TX ...... 02/16/2000 NAFTA±3,743 ...... Jeans. Kenro (Co.) ...... Fredonia, WI ...... 02/21/2000 NAFTA±3,744 ...... Fiberglass trays. Alphabet (UNITE) ...... El Paso, TX ...... 02/15/2000 NAFTA±3,745 ...... Automotive parts. Brunswick Bicycles (Co.) ...... Onley, IL ...... 02/28/2000 NAFTA±3,746 ...... Bicycles. Briggs Industries (Wrks) ...... Robinson, IL ...... 02/28/2000 NAFTA±3,747 ...... Plumbing products. Circular Banding (Co.) ...... Athens, GA ...... 02/08/2000 NAFTA±3,748 ...... Elastic bands. Emerson Electric (Wkrs) ...... Rogers, AR ...... 02/23/2000 NAFTA±3,749 ...... Laminations framebands shafts.

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APPENDIXÐContinued [03/28/2000]

Date received Subject firm Location at Governor's Petition No. Articles produced office

VDO North America (Co.) ...... Cheshire, CT ...... 02/18/2000 NAFTA±3,750 ...... Automotive components. York International (UAW) ...... Waynesboro, PA ...... 02/22/2000 NAFTA±3,751 ...... Oil separators. Epson Portland (Wkrs) ...... Hillsboro, OR ...... 02/22/2000 NAFTA±3,752 ...... Printers. GCC Cutting (Wkrs) ...... El Paso, TX ...... 01/22/2000 NAFTA±3,753 ...... Fabric cutting. Oshkosh B'Gosh (UFCW) ...... Oshkosh, WI ...... 02/23/2000 NAFTA±3,754 ...... Childrens wear & childrens books. RacoÐHubbell (Wkrs) ...... Southbend, IN ...... 02/21/2000 NAFTA±3,755 ...... Steel electrical box's fittings. Vermont Castings Majestic Products Huntington, IN ...... 02/24/2000 NAFTA±3,756 ...... Sales & administrative services. (Wkrs). Conoco (Co.) ...... Oklahoma City, OK ..... 02/23/2000 NAFTA±3,757 ...... Oil and gas. Rite Industries (Co.) ...... High Point, NC ...... 02/28/2000 NAFTA±3,758 ...... Dyes. John Clark (Co.) ...... Denver, CO ...... 02/23/2000 NAFTA±3,759 ...... Underground mining equipment. Burnsville Apparel (Co.) ...... Wadesboro, NC ...... 02/24/2000 NAFTA±3,760 ...... Thermal underwear & turtle- necks. General Electric (Wkrs) ...... Somersworth, NH ...... 02/28/2000 NAFTA±3,761 ...... Residential meters. Alliance Labeling & Decorating (Wkrs) .. Allentown, PA ...... 02/28/2000 NAFTA±3,762 ...... Labeled glass & plastic bottles. Ithaca Industries (Co.) ...... Glennville, GA ...... 02/28/2000 NAFTA±3,763 ...... Men's & women's under & outer garments. Ametek (Co.) ...... Bartow, FL ...... 02/28/2000 NAFTA±3,764 ...... Automotive gauge. Bassett Upholster (Wkrs) ...... Duman, AR ...... 02/29/2000 NAFTA±3,765 ...... Furniture upholster. Valley Cities Apparel (Wkrs) ...... Sayre, PA ...... 02/28/2000 NAFTA±3,766 ...... Sportswear & sleepwear. ISA Cutting Room Services (UNITE) ..... El Paso, TX ...... 02/29/2000 NAFTA±3,767 ...... Cut men's & women's pants & slacks. Donaldson Company (Wkrs) ...... Oelwein, IA ...... 01/21/2000 NAFTA±3,768 ...... Bent bolt clamps & freon filters. Diana Knitting (The) (Co.) ...... Johnstown, NY ...... 02/08/2000 NAFTA±3,769 ...... Activewear/knitwear. TI Group Automotive Systems (Co.) ...... Maquoketa, IA ...... 02/18/2000 NAFTA±3,770 ...... Fabricated tubing assemblies. Bula (Co.) ...... Durango, CO ...... 02/29/2000 NAFTA±3,771 ...... Fleece hats & mittens etc. RussellÐJerzees Activewear (Co.) ...... Geneva, AL ...... 03/01/2000 NAFTA±3,772 ...... Knit apparel. Hamrick's (Co.) ...... Jonesville, SC ...... 03/01/2000 NAFTA±3,773 ...... Ladies apparel. Brandon Manufacturing (Co.) ...... Shreveport, LA ...... 03/01/2000 NAFTA±3,774 ...... Metal parts, stators. Award Windows (Wkrs) ...... Ferndale, WA ...... 03/01/2000 NAFTA±3,775 ...... Commercial windows. Pincus Brothers (UNITE) ...... Philadelphia, PA ...... 03/02/2000 NAFTA±3,776 ...... Cut & sew men's suits. Quaker Oats (Wkrs) ...... Shiremanstown, PA ..... 03/03/2000 NAFTA±3,777 ...... Ready to eat cereals. Caretek (Co.) ...... Denver, CO ...... 03/02/2000 NAFTA±3,778 ...... Fleece apparel. Atessa (UNITE) ...... Philadelphia, PA ...... 03/02/2000 NAFTA±3,779 ...... Men's suit coats & pants. Smithville Sportswear (Co.) ...... Smithville, TN ...... 03/06/2000 NAFTA±3,780 ...... Men's & women's knit apparel. Rochester Button (Wkrs) ...... South Buston, VA ...... 03/03/2000 NAFTA±3,781 ...... Polyester buttons. LaCrosse Footwear (Wkrs) ...... LaCrosse, WI ...... 03/03/2000 NAFTA±3,782 ...... Molded outsoles. Link Door Controls (Co.) ...... Ronkonkoma, NY ...... 02/29/2000 NAFTA±3,783 ...... Motors. Eastman Kodak (Co.) ...... Rochester, NY ...... 02/29/2000 NAFTA±3,784 ...... Graphics finishing. Cross Creek Apparel (Co.) ...... Mount Airy, NC ...... 03/06/2000 NAFTA±3,785 ...... Knit shirts & pants. Royal Bank of Canada (Wkrs) ...... New York, NY ...... 02/09/2000 NAFTA±3,786 ...... Financial services. Cherrybell (Co.) ...... Tucson, AZ ...... 03/06/2000 NAFTA±3,787 ...... Ladies underwear. ISO Electronics (Co.) ...... Indianapolis, IN ...... 03/10/2000 NAFTA±3,788 ...... Circuit boards. McCain Foods (UFCW) ...... Burley, ID ...... 03/07/2000 NAFTA±3,789 ...... French fries. 3±I (Co.) ...... Murrells Inlet, SC ...... 03/08/2000 NAFTA±3,790 ...... Cutting & sewing. House of PerfectionÐWilliston Mfg. Williston, SC ...... 03/09/2000 NAFTA±3,791 ...... Childrenswear. (Co.). Great American Knitting Mills (Co.) ...... Bally, PA ...... 03/08/2000 NAFTA±3,792 ...... Gold toe men's socks. PJC Sportswear (Wkrs) ...... Brooklyn, NY ...... 03/07/2000 NAFTA±3,793 ...... Beachwear, bathing suits. Meritor Automotive (UAW) ...... Oshkosh, WI ...... 03/07/2000 NAFTA±3,794 ...... Brakes, transmissions. Rohm and Haas (IUOE) ...... Philadelphia, PA ...... 03/07/2000 NAFTA±3,795 ...... Ion exchange resins & herbi- cides. C and L Textiles (Co.) ...... New York, NY ...... 03/07/2000 NAFTA±3,796 ...... Knit fabric & women's garments. Raytheon Systems (Wkrs) ...... El Segundo, CA ...... 01/31/2000 NAFTA±3,797 ...... Jet aircraft & radar systems. Kimberly Clark (Co.) ...... Cleburne, TX ...... 03/07/2000 NAFTA±3,798 ...... Disposable protective apparel. Tyco Electronics (Wkrs) ...... Marion, KY ...... 03/06/2000 NAFTA±3,799 ...... Electrical relays & circuit break- ers. Hartwell Industries (Co.) ...... Hartwell, GA ...... 03/10/2000 NAFTA±3,800 ...... Knit shirts. May Apparel Group (Co.) ...... Mebane, NC ...... 03/10/2000 NAFTA±3,801 ...... Clothing and apparel. Levi Strauss (Wkrs) ...... El Paso, TX ...... 03/10/2000 NAFTA±3,802 ...... Jeans. Rising Eagle (Co.) ...... East Tawas, MI ...... 03/10/2000 NAFTA±3,803 ...... Reloading of single use cameras. Border Apparel (UNITE) ...... El Paso, TX ...... 02/28/2000 NAFTA±3,804 ...... JeansÐMen and Women. AventÐKimberly Clark (Co.) ...... Tucson, AZ ...... 03/15/2000 NAFTA±3,805 ...... Disposable surgical products. MTF (Wkrs) ...... West Lawn, PA ...... 03/17/2000 NAFTA±3,806 ...... Men's and boy's activewear. Toshiba Display Devices (IBEW) ...... Horseheads, NY ...... 03/20/2000 NAFTA±3,807 ...... Color picture tubes for TV's. Woodgrain Millwork (Co.) ...... Lakeview, OR ...... 03/20/2000 NAFTA±3,808 ...... Pine mouldings. Fedco Automotive (Wkrs) ...... Buffalo, NY ...... 03/21/2000 NAFTA±3,809 ...... Heater cores.

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[FR Doc. 00–8920 Filed 4–10–00; 8:45 am] subject firm. The workers are engaged in the Federal Register on January 14, BILLING CODE 4510±30±M the production of framed art, mirrors 2000 (65 FR 2433). and photo frames. New information At the request of the company, the shows that in November, 1993, Department reviewed the certification DEPARTMENT OF LABOR Tandycrafts, Inc. purchased Impulse for workers of the subject firm. New Designs and formed a new company information provided by the company Employment and Training called Tandyarts, Inc./Impulse Designs. shows that some workers of Weiser Lock Administration The company also reports that workers were leased from Interim Personnel, [NAFTA±3691] separated from employment at Adecco Employment Services, Inc., and Tandycrafts, Inc., Pinnacle Art and TRC Staffing Services, Inc. to produce S. Bent & Bros., Inc., Gardner, MA; Frame Division had their wages residential door hardware at the Tucson, Notice of Termination of Investigation reported under a separate Arizona plant. Worker separations unemployment insurance (UI) tax occurred at these companies as a result Pursuant to Title V of the North account for Tandycrafts, Incorporated, of worker separations at Weiser Lock, A American Free Trade Agreement Tandyarts, Inc./Impulse Designs, Masco Subsidiary, Tucson, Arizona. Implementation Act (Pub. L. 103–182) Pinnacle Art and Frame Division, Van Based on these findings, the concerning transitional adjustment Nuys, California. Department is amending the assistance, hereinafter called NAFTA– Based on these findings, the certification to include workers from TAA and in accordance with Section Department is amending the Interim Personnel, Adecco Employment 250(a), Subchapter D, Chapter 2, Title II, certification to reflect this matter. Services, Inc., and TRC Staffing of the Trade Act of 1974, as amended The intent of the Department’s Services, Inc., Tucson, Arizona leased to (19 U.S.C. 2331), an investigation was certification is to include all workers of Weiser Lock, A Masco Subsidiary, initiated on January 31, 2000, in Tandycraft, Inc., Pinnacle Art and Tucson, Arizona. response to a petition filed on the same Frame Division who were adversely Accordingly, the Department is day by the IUE Local 154–136B FW, on affected by imports from Mexico. amending the certification to reflect this behalf of workers at S. Bent & Bros., The amended notice applicable to matter. Inc., Gardner, Massachusetts. NAFTA–03615 is hereby issued as The intent of the Department’s The petitioner has requested that the follows: petition be withdrawn. Consequently, certification is to include all workers of further investigation in this case would ‘‘All workers of Trandycraft, Inc., Weiser Lock, A Masco Subsidiary, serve no purpose, and the investigation Tandyarts, Inc./Impulse Designs, Pinnacle Tucson, Arizona adversely affected by a Art and Frame Division, Van Nuys, California has been terminated. shift of production to Mexico. who became totally or partially separated The amended notice applicable to Signed at Washington, DC, this 4th day of from employment on or after August 23, 1998 NAFTA—03582 is hereby issued as through December 22, 2001 are eligible to April, 2000. follows: Grant D. Beale, apply for NAFTA–TAA under Section 250 of the Trade Act of 1974.’’ ‘‘All workers of Weiser Lock, A Masco Program Manager, Division of Trade Subsidiary, Tucson, Arizona and leased Adjustment Assistance. Signed at Washington, D.C. this 3rd day of workers of Interim Personnel, Adecco April, 2000. [FR Doc. 00–8925 Filed 4–10–00; 8:45 am] Employment Services, Inc., and TRC Staffing BILLING CODE 4510±30±M Grant D. Beale, Services, Inc., Tucson, Arizona engaged in Program Manager, Division of Trade the production of residential door hardware Adjustment Assistance. for Weiser Lock, A Masco Subsidiary, DEPARTMENT OF LABOR [FR Doc. 00–8919 Filed 4–10–00; 8:45 am] Tucson, Arizona who became totally or BILLING CODE 4510±30±M partially separated from employment on or Employment and Training after November 19, 1998 through December Administration 28, 2001 are eligible to apply for NAFTA– DEPARTMENT OF LABOR TAA under Section 250 of the Trade Act of [NAFTA±03615] 1974.’’ Tandycrafts, Inc., Tandyarts, Inc./ Employment and Training Signed at Washington, D.C. this 3rd day of Impulse Designs Pinnacle Art and Administration April, 2000. Grant D. Beale, Frame Division Van Nuys, California; [NAFTAÐ03582] Amended Certification Regarding Program Manager, Division of Trade Eligibility To Apply for NAFTA- Weiser Lock, a Masco Subsidiary Adjustment Assistance. Transitional Adjustment Assistance Including Leased Workers of Interim [FR Doc. 00–8918 Filed 4–10–00; 8:45 am] Personnel Adecco Employment BILLING CODE 4510±30±M In accordance with section 250(A), Services, Inc. TRC Staffing Services, Subchapter D, Chapter 2, Title II, of the Inc. Tucson, Arizona; Amended Trade Act of 1974 (19 U.S.C. 2273), the Certification Regarding Eligibility To LEGAL SERVICES CORPORATION Department of Labor issued a Apply for NAFTAÐTransitional Certification for NAFTA Transitional Adjustment Assistance Sunshine Act Meeting of the Board of Adjustment Assistance on March 11, Directors; Correction 1999, applicable to workers of In accordance with section 250(A), Tandycrafts, Inc., Pinnacle Art and Subchapter D, Chapter 2, Title II, of the A notice of a meeting of the Board of Frame Division, Van Nuys, California. Trade Act of 1974 (19 U.S.C. 2273), the Directors was published on April 7, The notice was published in the Federal Department of Labor issued a 2000 (65 FR 18377). Items 4 and 5 in the Register on January 14, 2000 (65 FR Certification for NAFTA Transitional agenda for the Open Session were 2433). Adjustment Assistance on December 28, incorrect. This notice contains the At the request of the company and 1999, applicable to workers of Weiser correct text, and for the convenience of State agency, the Department reviewed Lock, A Masco Subsidiary, Tucson, the reader, the meeting agenda is being the certification for workers of the Arizona. The notice was published in republished.

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TIME AND DATE: The Board of Directors Closed Session MATTERS TO BE CONSIDERED: of the Legal Services Corporation will 17. Briefing 1 by the Inspector General on 1. Administrative Action under Part meet on April 15, 2000. The meeting the activities of the Office of Inspector 723 of NCUA’s Rules and Regulations. will begin at 10:00 a.m. and continue General. Closed pursuant to exemptions (8) and until conclusion of the Board’s agenda. 18. Consider and act on the Office of Legal (9)(A)(ii). Affairs’ report on potential and pending 2. Field of Membership Appeal. LOCATION: Marriott Wardman Park litigation involving the Corporation. Closed pursuant to exemption (8). Hotel, 2660 Woodley Road, N.W., Open Session 3. One (1) Personnel Matters. Closed Washington, DC 20008. 19. Consider and act on other business. pursuant to exemptions (2) and (6). STATUS OF MEETING: Open, except that a 20. Public Comment. FOR FURTHER INFORMATION CONTACT: portion of the meeting may be closed CONTACT PERSON FOR INFORMATION: Becky Baker, Secretary of the Board, pursuant to a vote of the Board of Victor M. Fortuno, Vice President for Telephone (703) 518–6304. Legal Affairs, General Counsel and Directors to hold an executive session. Becky Baker, At the closed session, the Corporation’s Secretary of the Corporation, at (202) Secretary of the Board. General Counsel will report to the Board 336–8800. [FR Doc. 00–9072 Filed 4–7–00; 12:49 pm] on litigation to which the Corporation is SPECIAL NEEDS: Upon request, meeting or may become a party, and the Board notices will be made available in BILLING CODE 7535±01±M may act on the matters reported. The alternate formats to accommodate visual closing is authorized by the relevant and hearing impairments. Individuals NATIONAL SCIENCE FOUNDATION provisions of the Government in the who have a disability and need an Sunshine Act [5 U.S.C. 552b(c)(10)] and accommodation to attend the meeting Notice of Permit Applications Received the corresponding provisions of the may notify Shannon Nicko Adaway, at Under the Antarctic Conservation Act Legal Services Corporation’s (202) 336–8800. of 1978 (Pub. L. 95±541) implementing regulation [45 CFR Dated: April 4, 2000. § 1622.5(h)]. A copy of the General Victor M. Fortuno, AGENCY: National Science Foundation. Counsel’s Certification that the closing Vice President for Legal Affairs, General ACTION: Notice of Permit Applications is authorized by law will be available Counsel and Corporate Secretary. Received under the Antarctic upon request. [FR Doc. 00–9052 Filed 4–7–00; 11:17 am] Conservation Act of 1978, Pub. L. 95– 541. Matters To Be Considered BILLING CODE 7050±01±P Open Session SUMMARY: The National Science 1. Approval of agenda. Foundation (NSF) is required to publish NATIONAL CREDIT UNION notice of permit applications received to 2. Approval of minutes of the Board’s ADMINISTRATION meeting of January 28–29, 2000. conduct activities regulated under the 3. Approval of minutes of the executive Notice of Sunshine Act Meetings Antarctic Conservation Act of 1978. session of the Board’s meeting of January 28– NSF has published regulations under 29, 2000. TIME AND DATE: 10 a.m., Thursday, April the Antarctic Conservation Act of Title 4. Approval of minutes of the Board’s 13, 2000. 45 Part 670 of the Code of Federal teleconference meeting of November 29, PLACE: Board Room, 7th Floor, Room Regulations. This is the required notice 1999. 7047, 1775 Duke Street, Alexandria, VA of permit applications received. 5. Approval of minutes of the Annual 22314–3428. DATES: Interested parties are invited to Performance Reviews Committee’s meeting of STATUS: Open. submit written data, comments, or November 19, 1999. views with respect to these permit MATTERS TO BE CONSIDERED: 6. Approval of minutes of the Annual 1. Final Rule: Amendment to Part 701, applications by May 8, 2000. Permit Performance Reviews Committee’s tele- NCUA’s Rules and Regulations, applications may be inspected by conference meeting of January 24, 2000. Secondary Capital Accounts. interested parties at the Permit Office, 7. Approval of minutes of the November 2. Final Rule: Amendment to Part 707, address below. 19, 1999 meeting of the Committee on NCUA’s Rules and Regulations, Truth in ADDRESSES: Comments should be Provision for the Delivery of Legal Services. Savings. addressed to Permit Office, Room 755, 8. Approval of minutes of the Operations 3. Appeal from a Federal Credit Union Office of Polar Programs, National & Regulations Committee’s meeting of of the Regional Director’s Denial of a Science Foundation, 4201 Wilson November 19, 1999. Field of Membership Expansion Boulevard, Arlington, Virginia 22230. 9. Chairman’s Report. Request. 10. Members’ Report. FOR FURTHER INFORMATION CONTACT: 11. Inspector General’s Report. RECESS: 11 a.m. Nadene G. Kennedy at the above 12. President’s Report. TIME AND DATE: 11:30 a.m., Thursday, address or (703) 306–1030. 13. Report on the status of Strategic April 13, 2000. SUPPLEMENTARY INFORMATION: The Planning by the Corporation. PLACE: Board Room, 7th Floor, Room National Science Foundation, as 14. Review of the Corporation’s 7047, 1775 Duke Street, Alexandria, VA directed by the Antarctic Conservation Consolidated Operating Budget, Expenses 22314–3428. Act of 1978 (Public Law 95–541, has and Other Funds Available through February STATUS: Closed. developed regulations that implement 29, 2000. the ‘‘Agreed Measures for the 15. Consider and act on the Board’s 1 Any portion of the closed session consisting Conservation of Antarctic Fauna and meeting schedule, including designation of solely of staff briefings does not fall within the Flora’’ for all United States citizens. The locations, for calendar year 2001. Sunshine Act’s definition of the term ‘‘meeting’’ Agreed Measures, developed by the 16. Consider and act on the extension of and, therefore, the requirements of the Sunshine Act do not apply to any such portion of the closed Antarctic Treaty Consultative Parties, John McKay’s contract of employment as session. 5 U.S.C. 552(b)(a)(2) and (b). See also 45 recommended establishment of a permit President of the Corporation. CFR § 1622.2 & 1622.3. system for various activities in

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Antarctica and designation of certain Title 45 Part 670 of the Code of Federal sorted from the sediments and animals and certain geographic areas a Regulations. This is the required notice preserved for identification and requiring special protection. The of a requested permit modification. analysis. regulations establish such a permit DATES: Interested parties are invited to The applicant proposes access system to designate Specially Protected submit written data, comments, or additional Antarctic Specially Protected Areas and Sites of Special Scientific views with respect to these permit Areas only on an opportunity basis Interest. applications by May 8, 2000. Permit depending upon vessel cruise tracks and The applications received are as applications may be inspected by schedules. The additional ASPA’s are follows: interested parties at the Permit Office, listed under Location, below: 1. Applicant: Anne A. Sturz, address below. Location Department of Marine Sciences, ADDRESSES: Comments should be University of San Diego, 5998 Alcala addressed to Permit Office, Room 755, ASPA 104—Sabrina Island, Balleny Park, San Diego, CA 92110–2492. Office of Polar Programs, National Island Permit Application No: 2001–006. Science Foundation, 4201 Wilson ASPA 105—Beaufort Island Activity for Which Permit is Boulevard, Arlington, Virginia 22230. ASPA 107—Dion Islands Requested: Take, Enter Antarctic FOR FURTHER INFORMATION CONTACT: ASPA 108—Green Island, Berthelot Specially Protected Areas and Import Islands into the U.S.A. the applicant proposes Nadene G. Kennedy at the above address or (703) 306–1030. ASPA 112—Coppermine Peninsula, to enter Area D (Pendulum Cove) of Robert Island SUPPLEMENTARY INFORMATION: The Antarctic Specially Protected Area #140, ASPA 115—Legotellerie Island, National Science Foundation, as Shore of Port Foster, Deception Island, Marguerite Bay directed by the Antarctic Conservation for the purpose of collecting shallow ASPA 116—New College Valley, Act of 1978 (Public Law 95–541), has seawater samples, see floor sediments (5 Caughley Beach, Cape Bird developed regulations that implement grabs of 50 grams each), 50 grams of ASPA 117—Avian Island, Northwest the ‘‘Agreed Measures for the sand for chemical analyses for Marguerite Bay Conservation of Antarctic Fauna and comparison to sea floor sediments, and ASPA 126—Byers Peninsula, Livingston Flora’’ for all United States citizens. The 1 liter of new snow from the shore at Island Agreed Measures, developed by the Pendulum Cove. Based on previous ASPA 133—Harmony Point, Nelson Antarctic Treaty Consultative Parties, samples collected in other areas of Island recommended establishment of a permit Deception Island, the chemical analyses ASPA 134—Cierva Point, Danco Coast system for various activities in of water column samples indicated that ASPA 149—Cape Shirref, Livingston Antarctica and designation of certain dissolved iron is present as a result of Island animals and certain geographic areas a hydrothermal fluid, at least in part from ASPA 150—Ardley Island, King George requiring special protection. The dispersed flow near Pendulum Cove. Island regulations establish such a permit The chemical analyses of new snow ASPA 154—Cape Evans, Ross Island may reveal something about aerosol system to designate Specially Protected Areas and Sites of Special Scientific Dates: January 1, 2000 to December sources of iron. The applicant will 31, 2005. import collected samples into the U.S. Interest. Description of Permit Modification for further chemical analyses at the Nadene G. Kennedy, Requested: The Foundation issued a University of San Diego. Permit Officr, Office of Polar Programs. permit (2000–001) to Dr. Steven D. Location: ASPA 140—Area D [FR Doc. 00–8853 Filed 4–10–00; 8:45 am] Emslie on September 21, 1999. The (Pendulum Cove), Port Foster, BILLING CODE 7555±01±M Deception Island, South Shetland issued permit allows the applicant Island. access to certain Antarctic Specially Dates: May 15, 2000 to June 15, 2000. Protected Areas in order to conduct surveys and excavations of modern and NUCLEAR REGULATORY Nadene G. Kennedy, abandoned penguin colonies by COMMISSION Permit Officer, Office of Polar Programs. surveying ice-free areas to locate Agency Information Collection [FR Doc. 00–8852 Filed 4–10–00; 8:45 am] evidence of a breeding colony (pebble Activities: Proposed Collection; BILLING CODE 7555±01±M and/or bone concentrations, and rich Comment Request vegetation). Not all sites will be visited in single season and access depends AGENCY: U.S. Nuclear Regulatory NATIONAL SCIENCE FOUNDATION upon research vessel cruise tracks and Commission (NRC). accessibility to the site(s). The sites Notice of Permit Applications Received ACTION: Notice of pending NRC action to visited would be sampled by placing a submit an information collection Under the Antarctic Conservation Act test pit, no more than 1x1 meter in size, of 1978 (Pub. L. 95±541) request to OMB and solicitation of in the colony and excavating in 5–10 cm public comment. AGENCY: National Science Foundation. level until bedrock or non-ornithogenic ACTION: Notice of Permit Modification sediments are encountered. To SUMMARY: The NRC is preparing a Received under the Antarctic minimize impacts, test pits will be submittal to OMB for review of Conservation Act of 1978, P.L. 95–541. placed in areas with little or no continued approval of information vegetation when possible. Upon collections under the provisions of the SUMMARY: The National Science completion of the excavation, test pits Paperwork Reduction Act of 1995 (44 Foundation (NSF) is required to publish would be refilled and any vegetation U.S.C. Chapter 35). a notice of requests to modify permits disturbed on the surface replaced. Information pertaining to the issued to conduct activities regulated Collected sediments will be taken to the requirement to be submitted: under the Antarctic Conservation Act of laboratory for processing. Sediments 1. The title of the information 1978. NSF has published regulations will be washed through fine-mesh collection: Policy Statement on under the Antarctic Conservation Act at screens; all organic remains will be Cooperation with States at Commercial

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Nuclear Power Plants and Other For the Nuclear Regulatory Commission. Pursuant to 10 CFR 50.80, no license, Production or Utilization Facilities. Brenda Jo. Shelton, or any right thereunder, shall be 2. Current OMB approval number: NRC Clearance Officer, Office of the Chief transferred, directly or indirectly, 3150–0163. Information Officer. through transfer of control of the 3. How often the collection is [FR Doc. 00–8948 Filed 4–10–00; 8:45 am] license, unless the Commission shall required: On occasion—when a State BILLING CODE 7590±01±P give its consent in writing. The wishes to observe NRC inspections or Commission will approve an perform inspections for NRC. application for the transfer of a license 4. Who is required or asked to report: NUCLEAR REGULATORY if the Commission determines that the Those States interested in observing or COMMISSION proposed transferee is qualified to hold performing inspections. the license, and that the transfer is [Docket No. 50±461] 5. The number of annual respondents: otherwise consistent with applicable Maximum of 50, although not all States Amergen Energy Company, LLC, provisions of law, regulations, and have participated in the program. Clinton Power Station; Notice of orders issued by the Commission 6. The number of hours needed Consideration of Approval of Transfer pursuant thereto. annually to complete the requirement or of Facility Operating License and Before issuance of the proposed request: An average estimate of 10 hours Conforming Amendment and conforming license amendments, the per State or 500 hours if all States Opportunity for a Hearing Commission will have made findings participated in the program. required by the Atomic Energy Act of 7. Abstract: States wishing to enter The U.S. Nuclear Regulatory 1954, as amended (the Act), and the into an agreement with NRC to observe Commission (the Commission) is Commission’s regulations. or participate in NRC inspections at considering the issuance of an order As provided in 10 CFR 2.1315, unless nuclear power facilities are requested to under 10 CFR 50.80 approving the otherwise determined by the provide certain information to the NRC transfer of Facility Operating License Commission with regard to a specific to ensure close cooperation and No. NPF–62 for Clinton Power Station, application, the Commission has consistency with the NRC inspection held by AmerGen Energy Company, LLC determined that any amendment to the program as specified by the (AmerGen), as the owner and licensed license of a utilization facility which Commission’s Policy of Cooperation operator. The transfer would result from does no more than conform the license with States at Commercial Nuclear the acquisition of PECO Energy to reflect the transfer action involves no Power Plants and Other Nuclear Company’s existing interest in AmerGen significant hazards consideration. No Production or Utilization Facilities. by a new generation company. This contrary determination has been made Submit, by June 12, 2000, comments company, presently referred to in the with respect to this specific license that address the following questions: subject application described below as amendment application. In light of the 1. Is the proposed collection of GENCO, is to be a subsidiary of a new generic determination reflected in 10 information necessary for the NRC to holding company Exelon Corporation CFR 2.1315, no public comments with properly perform its functions? Does the formed from the proposed merger respect to significant hazards information have practical utility? between PECO Energy Company (PECO) considerations are being solicited, 2. Is the burden estimate accurate? and Unicom Corporation (Unicom). The notwithstanding the general comment 3. Is there a way to enhance the Commission is also considering procedures contained in 10 CFR 50.91. quality, utility, and clarity of the amending the license for administrative The filing of requests for hearing and information to be collected? purposes to reflect the proposed petitions for leave to intervene, and 4. How can the burden of the transfer. The facility is located in written comments with regard to the information collection be minimized, DeWitt County, Illinois. license transfer application, are including the use of automated According to an application for discussed below. collection techniques or other forms of approval filed by AmerGen, AmerGen is By May 1, 2000 any person whose information technology? a limited liability company formed to interest may be affected by the A copy of the draft supporting acquire and operate nuclear power Commission’s action on the application statement may be viewed free of charge plants in the United States. British may request a hearing and, if not, the at the NRC Public Document Room, Energy, Inc. and PECO each own 50% applicant may petition for leave to 2120 L Street NW, (lower level), of AmerGen. Following completion of intervene in a hearing proceeding on the Washington, DC. OMB clearance the merger between Unicom and PECO, Commission’s action. Requests for a requests are available at the NRC GENCO will acquire PECO’s existing hearing and petitions for leave to worldwide web site (http:// 50% ownership interest in AmerGen. intervene should be filed in accordance www.nrc.gov/NRC/PUBLIC/OMB/ AmerGen, as owned by GENCO and with the Commission’s rules of practice index.html) The document will be British Energy, Inc. will continue to be set forth in Subpart M, ‘‘Public available on the NRC home page site for responsible for the operation, Notification, Availability of Documents 60 days after the signature date of this maintenance, and eventual and Records, Hearing Requests and notice. decommissioning of Clinton Power Procedures for Hearings on License Comments and questions about the Station. No physical changes to the Transfer Applications,’’ of 10 CFR part information collection requirements facility or operational changes are being 2. In particular, such requests and may be directed to the NRC Clearance proposed in the application. petitions must comply with the Officer, Brenda Jo. Shelton, U.S. Nuclear The proposed amendment to the requirements set forth in 10 CFR 2.1306, Regulatory Commission, T–6 E6, operating license would add language to and should address the considerations Washington, DC 20555–0001, by the license transfer conditions that were contained in 10 CFR 2.1308(a). telephone at (301) 415–7233, or by incorporated into the Clinton Operating Untimely requests and petitions may be Internet electronic mail at License upon the initial transfer of the denied, as provided in 10 CFR [email protected]. license to AmerGen, to reflect the 2.1308(b), unless good cause for failure Dated at Rockville, Maryland, this 5th day transfer of PECO’s ownership interest in to file on time is established. In of April, 2000. AmerGen to a new entity. addition, an untimely request or

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19397 petition should address the factors that NUCLEAR REGULATORY Facilities (NUREG–0586, August 1988) the Commission will also consider, in COMMISSION and to hold public scoping meetings for reviewing untimely requests or the purpose of soliciting comments. [Docket No. 40±8989; License No. SMC± petitions, set forth in 10 CFR 1559] Although NUREG–0586 covered all 2.1308(b)(1)–(2). NRC-licensed facilities, this supplement Requests for a hearing and petitions Envirocare of Utah and The Snake will address only the decommissioning for leave to intervene should be served River Alliance; Receipt of Request for of nuclear power reactors. upon: Action Under 10 CFR 2.206 The NRC will hold a public scoping meeting on April 27, 2000, at the Mr. Kevin P. Gallen, Esq., Morgan, Notice is hereby given that by Radisson Hotel Lisle-Naperville Lewis & Bockius LLP, 1800 M Street, N. petitions dated February 24, 2000, and (telephone: 630–505–1000), 3000 W., Washington, D.C. 20036–5869; the March 13, 2000, the Snake River Warrenville Road, Lisle, Illinois 60532– General Counsel, U.S. Nuclear Alliance and Envirocare of Utah, 3665, to present an overview of the Regulatory Commission, Washington, respectively, have requested that the proposed supplement to the GEIS and to DC 20555 (e-mail address for filings Nuclear Regulatory Commission (NRC) accept public comment on its proposal. regarding license transfer cases only: take action with regard to protecting The public scoping meeting will begin [email protected]); and the Secretary of public health and safety. The petitioners at 7:00 p.m. and continue to 10:00 p.m. the Commission, U.S. Nuclear request that the NRC assume The meeting will be transcribed and Regulatory Commission, Washington, responsibility for Formerly Utilized will include (1) A presentation by the DC 20555–0001, Attention: Rulemakings Sites Remedial Action Program NRC staff on the reasons for preparing and Adjudications Staff, in accordance (FUSRAP) radioactively contaminated a supplement to the GEIS and the with 10 CFR 2.1313. material and ensure its proper disposal environmental issues related to power The Commission will issue a notice or in an NRC-licensed facility. As the basis for these requests, the reactor decommissioning to be order granting or denying a hearing petitioners state that the NRC, under addressed in the GEIS, and (2) the request or intervention petition, Sections 81 and 84 of the Atomic Energy opportunity for interested government designating the issues for any hearing Act (AEA), was given authority by agencies, private organizations, and that will be held and designating the Congress to regulate all 11e.(2) material individuals to provide comments. Presiding Officer. A notice granting a regardless of when it was generated. Anyone wishing to attend or present hearing will be published in the Federal The request is being treated pursuant oral comments at this meeting may Register and served on the parties to the to 10 CFR 2.206 of the Commission’s preregister by contacting Mr. Dino C. hearing. regulations. The request has been Scaletti by telephone at 1–800–368– As an alternative to requests for referred to the Director of the Office of 5642, extension 1104, or by Internet to hearing and petitions to intervene, by Nuclear Material Safety and Safeguards. the NRC at [email protected], 1 week prior May 11, 2000, persons may submit As provided by Section 2.206, to a specific meeting. Members of the written comments regarding the license appropriate action will be taken on this public may also register to provide oral transfer application, as provided for in petition within a reasonable time. comments up to 15 minutes prior to the 10 CFR 2.1305. The Commission will Copies of the petitions are available for start of each meeting. Individual oral consider and, if appropriate, respond to inspection at the Commission’s Public comments may be limited by the time these comments, but such comments Document Room at 2120 L Street, NW. available, depending on the number of will not otherwise constitute part of the (Lower Level), Washington, DC 20555– persons who register. If special decisional record. Comments should be 0001. equipment or accommodations are submitted to the Secretary, U.S. Nuclear needed to attend or present information Dated at Rockville, Maryland this 4th day at the public meeting, the need should Regulatory Commission, Washington, of April, 2000. be brought to Mr. Scaletti’s attention no DC 20555–0001, Attention: Rulemakings For the Nuclear Regulatory Commission. and Adjudications Staff, and should cite later than 1 week prior to a specific the publication date and page number of Martin J. Virgilio, meeting, so that the NRC staff can this Federal Register notice. Deputy Director, Office of Nuclear Material determine whether the request can be Safety and Safeguards. accommodated. For further details with respect to this [FR Doc. 00–8949 Filed 4–10–00; 8:45 am] action, see the application dated Any interested party may submit BILLING CODE 7590±01±P February 28, 2000, available for public comments related to the NRC’s intent to inspection at the Commission’s Public supplement the GEIS for consideration Document Room, the Gelman Building, by the NRC staff. To be certain of NUCLEAR REGULATORY consideration, comments on the intent 2120 L Street, NW., Washington, DC, COMMISSION and accessible electronically through to prepare the supplement must be the ADAMS Public Electronic Reading Notice of Intent To Prepare a Draft received by July 15, 2000. Comments Room link at the NRC Web site Supplement to the Generic received after the due date will be (http:www.nrc.gov). Environmental Impact Statement on considered if it is practical to do so. At this time, comments are being sought Dated at Rockville, Maryland this 6th day Decommissioning of Nuclear Facilities and To Hold a Public Meeting for the only on the intent to prepare the of April 2000. supplement. The NRC staff currently For the Nuclear Regulatory Commission. Purpose of Scoping and To Solicit Public Input Into the Process projects issuance of the draft Jon B. Hopkins, supplement for comment in early 2001. Project Manager, Section 2, Project Notice is hereby given that the U. S. Comments on the draft supplement will Directorate III, Division of Licensing Project Nuclear Regulatory Commission (NRC, be solicited at that time. Written Management, Office of Nuclear Reactor the Commission) intends to prepare a comments should be sent to Chief, Rules Regulation. draft supplement to the Final Generic and Directives Branch, Division of [FR Doc. 00–8950 Filed 4–10–00; 8:45 am] Environmental Impact Statement (GEIS) Administrative Services, Mail Stop T–6 BILLING CODE 7590±01±P on Decommissioning of Nuclear D59, U.S. Nuclear Regulatory

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Commission, Washington, DC 20555– The Petitioner requested that the NRC The request that the NRC prevent the 0001. issue an order to the licensee preventing licensee from restarting IP2 until the Comments may be hand-delivered to the restart of IP2, or modify the licensee DPO filed by Dr. Hopenfeld is resolved the NRC at 11545 Rockville Pike, for IP2 to limit it to zero power, until and until potassium iodide tablets are Rockville, Maryland, between 7:45 a.m. (1) all four steam generators are distributed to people and businesses and 4:15 p.m. on Federal workdays. replaced, (2) the steam generator tube within the 10-mile EPZ or stockpiled in Submittal of electronic comments may integrity concerns identified in Dr. the vicinity of IP2 is not being treated be sent by the Internet to the NRC at Joram Hopenfeld’s differing professional pursuant to 10 CFR 2.206 of the [email protected]. All comments received opinion (DPO) and in Generic Safety Commission’s regulations and shall be by the Commission, including those Issue GSI–163 are resolved, and (3) handled by separate correspondence. made by Federal, State, and local potassium iodide tablets are distributed A copy of the Petition is available for agencies, Indian tribes, or other to residents and businesses within the inspection at the Commission’s Public interested persons, will be made 10–mile emergency planning zone (EPZ) Document Room, the Gelman Building, available for public inspection at the or stockpiled in the vicinity of IP2. (The 2120 L Street NW., Washington, DC, and Commission’s Public Document Room, DPO process provides for the review of accessible electronically through the 2120 L Street, NW, in Washington, DC. concerns raised by individual NRC ADAMS Public Electronic Reading Also, publicly available records will be employees who disagree with a position Room link at the NRC Web site (http:/ accessible electronically from the adopted by the NRC staff.) /www/nrc.gov). ADAMS Public Library component on As the basis for the request that the Dated at Rockville, Maryland, this 5th day the NRC Web site, http://www.nrc.gov NRC prevent the licensee from restarting of April 2000. (the Public Electronic Reading Room). IP2 until all four steam generators are For the Nuclear Regulatory Commission. FOR FURTHER INFORMATION, CONTACT: Mr. replaced, the Petitioner states that IP2 is Roy P. Zimmerman, Dino C. Scaletti, Decommissioning equipped with Westinghouse Model 44 Acting Director, Office of Nuclear Reactor Section, Project Directorate IV & steam generators and that all other Regulation. Decommissioning, Division of Licensing operating power plants in the United [FR Doc. 00–8947 Filed 4–10–00; 8:45 am] Project Management, Office of Nuclear States that were originally equipped Reactor Regulation, U.S. Nuclear with Westinghouse Model 44 steam BILLING CODE 7590±01±M Regulatory Commission, Washington, generators have replaced them. The DC 20555. Mr. Scaletti can be contacted Petitioner also states that the IP2 steam at the aforementioned telephone generators have had an average of 10 SECURITIES AND EXCHANGE number. percent of their tubes removed from COMMISSION service and that many other tubes have Submission for OMB Review; Dated at Rockville, Maryland, this 6th day crack indications. of April 2000. Comment Request As the basis for the request that the For the Nuclear Regulatory Commission. NRC prevent the licensee from restarting Upon Written Request, Copies Available Dino C. Scaletti, IP2 until the DPO filed by Dr. Hopenfeld From: Securities and Exchange Senior Project Manager, Decommissioning is resolved, the Petitioner states that the Commission, Office of Filings and Section, Project Directorate IV & length of time that the staff has taken to Information Services, Washington, DC Decommissioning, Division of Licensing resolve this issue has undermined the 20549. Project Management, Office of Nuclear Reactor Regulation. NRC’s four stated objectives: (1) Maintain safety, (2) increase public Extension [FR Doc. 00–8951 Filed 4–10–00; 8:45 am] confidence, (3) improve regulatory Form S–2, SEC File No. 270–60, OMB BILLING CODE 7590±01±P efficiency and effectiveness, and (4) Control No. 3235–0072 reduce unnecessary regulatory burden. Form F–1, SEC File No. 270–249, OMB Control No. 3235–0258 NUCLEAR REGULATORY The Petitioner also cites Idaho National Form F–2, SEC File No. 270–250, OMB COMMISSION Engineering Laboratory findings that Control No. 3235–0257 support Dr. Hopenfeld’s opinion. Form F–3, SEC File No. 270–251, OMB [Docket No. 50±286] As the basis for the request that the Control No. 3235–0256 NRC prevent the licensee from restarting Form F–7, SEC File No. 270–331, OMB Power Authority of the State of New IP2 until potassium iodide tablets have Control No. 3235–0383 York; Facility Operating License No. been distributed to people and Form F–8, SEC File No. 270–332, OMB DPR±64 Receipt of Petition for businesses within the 10-mile EPZ, the Control No. 3235–0378 Director's Decision Under 10 CFR Petitioner states that the incident at IP2 Form F–X, SEC File No. 270–336, OMB 2.206 Control No. 3235–0379 demonstrated the potential for a more Form DF, SEC File No. 270–430, OMB Notice is hereby given that by Petition serious accident. The Petitioner also Control No. 3235–0482 dated March 14, 2000, Mr. David A. states that distributing potassium iodide Schedule 13E–4F, SEC File No. 270–340, Lochbaum, on behalf of the Union of tablets could reduce the consequences OMB Control No. 3235–0375 Concerned Scientists, the Nuclear from a postulated accident. Schedule 14D–1F, SEC File No. 270–338, Information & Resource Service, the The request that the NRC prevent the OMB Control No. 3235–0376 PACE Law School Energy Project, and licensee from restarting IP2 until all four Schedule 14D–9F, SEC File No. 270–339, Public Citizen’s Critical Mass Energy steam generators are replaced is being OMB Control No. 3235–0382 Project (Petitioners), has requested that treated pursuant to 10 CFR 2.206 of the Notice is hereby given that pursuant the U.S. Nuclear Regulatory Commission’s Regulations. The request to the Paperwork Reduction Act of 1995 Commission (NRC) take action with has been referred to the Director of the (44 U.S.C. 3501 et seq.) the Securities regard to Indian Point Nuclear Office of Nuclear Reactor Regulation. As and Exchange Commission Generating Unit 2 (IP2), owned and provided by Section 2.206, appropriate (Commission) has submitted to the operated by the Consolidated Edison action will be taken on this Petition Office of Management and Budget Company of New York (the licensee). within a reasonable time. requests for extension on the previously

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19399 approved collections of information public with the necessary information to the laws of Canada that is a foreign discussed below. make informed investment decisions private issuer, where less than 40% of Form S–2 is used for registration of regarding securities offered to the the outstanding class of such issuer’s securities of certain issuers. The Form public. The information provided on securities that is the subject of the offer S–2 provides investors with the Form F–7 is mandatory. All information is held by U.S. holders. The information necessary information to make is provided to the public upon request. required by Schedule 14D–1F must be investment decisions regarding It takes approximately 1 burden hour to filed with the Commission. All securities offered to the public. The prepare and is filed by 5 respondents. information is provided to the public likely respondents will be public Form F–8 is a registration statement of upon request. Schedule 14D–1F takes 2 companies. The information collected securities of certain Canadian issuers to burden hours to prepare and is filed by must be filed with the Commission. All be issued in exchange offers or a 5 respondents for a total of 10 burden information is provided to the public business combination. Form F–8 hours. upon request. Form S–2 takes 470 provides the public with the necessary Schedule 14D–9F is used by any burden hours to prepare and is filed by information to make informed issuer incorporated or organized under 101 respondents for a total of 47,470 investment decisions. The information the laws of Canada, or by any director burden hours. provided on Form F–8 is mandatory. All or officer of such issuer, where the Form F–1 is a registration statement of information on Form F–8 is provided to issuer is the subject of tender offer for securities of certain foreign private the public upon request. Form F–8 takes a class of its securities filed on Schedule issuers. Form F–1 provides the public one burden hour to prepare and is filed 14D–1F. The information required by with the necessary information to make by 16 respondents. It is estimated that Schedule 14D–9F must be filed with the informed investment decisions 25% of the 16 total burden hours (4 Commission. All information is regarding securities offered to the public hours) would be prepared by the provided to the public upon request. by foreign private issuers. The company. Schedule 14D–1F takes 2 burden hours information provided on Form F–1 is Form F–X is used to appoint an agent to prepare and is filed by 5 respondents mandatory. All information on Form F– for service of process by Canadian for a total of 10 burden hours. 1 is reported to the public upon request. issuers registering securities on Form F– An agency may not conduct or Form F–1 takes approximately 1,868 7, F–8, F–9 or F–10 or filing periodic sponsor, and a person is not required to burden hours to prepare and is filed by reports on Form 40–F under the respond to, a collection of information 170 respondents. It is estimated that Securities Exchange Act of 1934. The unless it displays a currently valid 25% of the 317,560 total burden hours information required on form F–X control number. (79,390 hours) would be prepared by the provides investors with the necessary Written comments regarding the company. information when considering investing above information should be directed to Form F–2 is a registration statement of in Canadian companies. form F–X takes the following persons (i) Desk Officer securities of certain foreign private 2 burden hours to prepare and is filed for the Securities and Exchange issuers. Form F–2 provides the public by 129 respondents. It is estimated that Commission, Office of Information and with the necessary information to make 25% of the 258 total burden hours (64.5 Regulatory Affairs, Office of informed investment decisions hours) would be prepared by the Management and Budget, Room 10102, regarding securities offered to the public company. New Executive Office Building, by foreign private issuers. The Form DF is used to allow registrants Washington, D.C. 20503, and (ii) information provided on Form F–2 is to identify a filing that was filed late Michael E. Bartell, Associate Executive mandatory. All information on Form F– because of electronic filing difficulties Director, Office of Information 2 is provided to the public upon in order to preserve the timeliness of the Technology, Securities and Exchange request. Form F–2 takes approximately filing. This form is required by all Commission, 450 Fifth Street, NW., 559 hours to prepare and is filed by 5 issuers who are required to file on Washington, DC 20549. Comments must respondents. It is estimated that 25% of EDGAR. In addition, Form DF is be submitted to OMB within 30 days of the 2,795 total burden hours (699 hours) required to be filed on occasion. All this notice. would be prepared by the company. information provided on Form DF is Dated: March 31, 2000. Form F–3 is a registration statement of provided to the public upon request. Margaret H. McFarland, securities of certain foreign issuers Form DF takes 12 minutes to prepare Deputy Secretary. offered pursuant to certain types of and is filed by 500 respondents for a [FR Doc. 00–8874 Filed 4–10–00; 8:45 am] transactions. Form F–3 provides the total of 100 burden hours. public with the necessary information to Schedule 13E–4F may be used by any BILLING CODE 8010±01±M make informed investment decisions issuer incorporated or organized under the laws of Canada making a tender regarding securities offered to the public SECURITIES AND EXCHANGE by foreign private issuers. The offer for the issuer’s own securities, COMMISSION information provided on Form F–3 is where less than 20% of the class of such mandatory. All information on Form F– issuer’s securities that is subject of the [Rel. No. IC±24376; 812±11896] 3 is provided to the public upon tender offer is held of record by U.S. request. Form F–3 takes approximately residents. The information required by Penn Series Funds, Inc., et al.; Notice 166 burden hours to prepare and is filed Schedule 13E–4F must be filed with the of Application by 150 respondents. It is estimated that Commission. All information is April 4, 2000. 25% of the 24,900 total burden hours provided to the public upon request. AGENCY: Securities and Exchange (6,255 hours) would be prepared by the Schedule 13E–4F takes 2 burden hours Commission (‘‘SEC’’). company. to prepare and is filed by 3 respondents ACTION: Notice of application under Form F–7 is a registration statement of for a total of 6 burden hours. section 6(c) of the Investment Company securities of certain Canadian issuers Schedule 14D–1F may be used by any Act of 1940 (the ‘‘Act’’) for an offered for cash upon the exercise of person making a cash tender or exemption from section 15(a) of the Act rights granted to existing exchange offer for securities of any and rule 19f–2 under the Act. securityholders. Form F–7 provides the issuer incorporated or organized under

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SUMMARY OF APPLICATION: The order 2. ICMI serves as the investment Applicants’ Legal Analysis would permit applicants to enter into adviser for each of the Funds and is 1. Section 15(a) of the Act makes it and materially amend investment registered under the Investment unlawful for any person to act as an subadvisory agreements without Advisers Act of 1940 (‘‘Advisers Act’’). investment adviser to a registered obtaining shareholder approval. ICMI provides investment advisory investment company except pursuant to APPLICANTS: Penn Series Funds, Inc. services to the Funds under three a written contract that has been (the ‘‘Company’’), on behalf of its series separate investment advisory approved by a majority of the (the ‘‘Funds’’), and Independence agreements with the Company (the investment company’s outstanding Capital Management, Inc. (‘‘ICMI’’). ‘‘Advisory Agreements’’). In its capacity voting securities. Rule 18f-2 under the FILING DATES: The application was filed as investment adviser, ICMI Act provides that each series or class of on December 20, 1999. Applicants have recommends the selection or stock in a series company affected by a agreed to file an amendment during the termination of one or more sub-advisers matter must approve the matter if the notice period, the substance of which is (‘‘Managers’’) to each Fund’s board of Act requires shareholder approval. reflected in this notice. directors (‘‘Board’’). In addition, ICMI 2. Section 6(c) of the Act authorizes HEARING OR NOTIFICATION OF HEARING: An oversees and monitors the performance the SEC to exempt persons or order granting the requested relief will of the Managers and may reallocate a transactions from the provisions of the be issued unless the SEC orders a Fund’s assets among Managers. Each Act to the extent that the exemption is hearing. Interested persons may request Manager recommended by ICMI is necessary or appropriate in the public a hearing be writing to the SEC’s approved by the Board of each Fund, Secretary and serving applicants with a interest and consistent with the including a majority of directors who protection of investors and the purposes copy of the request, personally or by are not ‘‘interested persons,’’ as defined mail. Hearing requests should be fairly intended by the policy and in section 2(a)(19) of the Act (the received by the SEC by 5:30 p.m. on provisions of the Act. Applicants ‘‘Independent Directors’’). Each Fund April 27, 2000, and should be request relief under section 6(c) from pays ICMI a fee for its services based on accompanied by proof of service on section 15(a) of the Act and rule 18f–2 applicants, in the form of an affidavit or, the Fund’s net assets. under the Act. For the reasons discussed for lawyers, a certificate of service. 3. ICMI has entered into sub-advisory below, applicants state that the Hearing requests should state the nature agreements (‘‘Subadvisory Agreements’’) requested relief meets the standard of of the writer’s interest, the reason for the with four Managers, each of which is section 6(c). request, and the issues contested. registered or is exempt from registration 3. Applicants assert that the Persons who wish to be notified of a as an investment adviser under the Shareholders, in effect, hire ICMI to hearing may request notification by Advisers Act, and none of which is an manage a Fund’s assets by using writing to the SEC’s Secretary. affiliate of ICMI. Subject to general external Managers, in combination with ADDRESSES: Secretary, SEC, 450 5th supervision by ICMI and the Board, ICMI’s Manager selection and Street, NW, Washington, DC 20549– each Manager is responsible for the day- monitoring process, rather than by 0609. Applicants, 600 Dresher Road, to-day management of the assets of a hiring its own employees to manage Horsham, Pennsylvania 19044. particular Fund or a portion of the assets directly. Applicants believe that FOR FURTHER INFORMATION CONTACT: J. assets assigned to such Manager if Shareholders expect that ICMI will, under the overall authority of the Board, Amanda Machen, Senior Counsel, (202) managed by more than one Manager take responsibility for overseeing the 942–7120, or Christine Y. Greenlees, (each Fund with a Manager, a ‘‘Manager Managers and recommending their Branch Chief, (202) 942–0564 (Office of of Managers Fund’’). ICMI pays the hiring, termination and replacement. Investment Company Regulation, Managers out of the fees ICMI receives Division of Investment Management). Applicants argue that the requested from the Funds. relief will reduce Fund expenses SUPPLEMENTARY INFORMATION: The 4 Applicants request an order to associated with Shareholder meetings following is a summary of the permit ICMI to enter into and amend and solicitation of proxies and enable application. The complete application Subadvisory Agreements without the Funds to operate more efficiently. may be obtained for a fee at the SEC’s obtaining Shareholder approval.1 The Applicants also note that the Advisory Public Reference Branch, 450 5th Street, requested relief will not extend to a Agreements will remain subject to the NW, Washington, DC 20549–0102 (tel. Manager that is an ‘‘affiliated person’’ requirements of section 15 of the Act 202–942–8090). (as defined in section 2(a)(3) of the Act) and rule 18f–2 under the Act, including Applicants’ Representations of either a Fund or ICMI, other than by the requirements for Shareholder 1. The Company, a Maryland reason of serving as Manager of the approval. 2 corporation, is registered under the Act Fund ‘‘Affiliated Manager’’). Applicants’ Conditions as an open-end management investment company. The Company currently 1 The term ‘‘Shareholder’’ includes variable life Applicants agree that the order consists of nine Funds, each with and annuity contract owners having the voting granting the requested relief will be interest in a separate account for which the Funds subject to the following conditions: different investment objectives and serve as a funding medium. policies. The Funds currently serve as 2 Applicants also request relief for: (a) future 1. Before any Fund may relay on the the investment medium for variable life series of the Company; and (b) all subsequently requested order, the operation of the insurance policies and variable annuity registered open-end management investment Fund in the manner described in the companies and their portfolios that in the future: (i) contracts issued by The Penn Mutual are advised by ICMI or any entity controlling, application will be approved by a Life Insurance Company (‘‘Penn controlled by, or under common control (as defined majority of each Fund’s Shareholders, Mutual’’) and its subsidiary, The Penn in section 2(a)(9) of the Act) with ICMI, (ii) use the or, in the case of a Future Fund whose Insurance and Annuity Company, and ‘‘manager of managers’’ strategy as described in the public Shareholders purchase shares on application, and (iii) comply with the terms and will serve as the investment medium for conditions of the application (‘‘Future Funds’’). The the basis of a prospectus containing the variable contracts that in the future are Company is the only existing investment company disclosure contemplated by condition 2 issued by Penn Mutual or its affiliates. that currently intends to rely on the order. below, by the sole initial shareholder

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19401 before offering shares of any Future procedures designed to ensure that the scheduling of meeting items. For further Fund to the public. Manager complies with the Manager of information and to ascertain what, if 2. The prospectus for each Manager of Managers Fund’s investment objectives, any, matters have been added, deleted Managers Fund will disclose the policies, and restrictions. or postponed, please contact: existence, substance and effect of any 8. No director or officer of the The Office of the Secretary at (202) order granted pursuant to the Company, or director or officer of ICMI 942–7070. application. In addition, each Manager will own, directly or indirectly (other Dated: April 6, 2000. of Managers Fund will hold itself out to than through a pooled investment Jonathan G. Katz, the public as employing the ‘‘manager of vehicle over which such person does Secretary. managers’’ approach described in the not have control), any interest in a application. The prospectus for each Manager, except for (i) ownership of [FR Doc. 00–9014 Filed 4–6–00; 8:45 am] Manager of Managers Fund will interests in ICMI or any entity that BILLING CODE 8010±01±M prominently disclose that ICMI has controls, is controlled by or is under ultimate responsibility to oversee the common control with ICMI; or (ii) SECURITIES AND EXCHANGE Managers and recommend their hiring, ownership of less than 1% of the COMMISSION termination, and replacement. outstanding securities of any class of 3. Within 90 days of the hiring of any equity or debt of a publicly traded Sunshine Act Meeting new Manager, ICMI will furnish company that is either a Manager or an Shareholders all information about the entity that controls, is controlled by, or FEDERAL REGISTER CITATION OF PREVIOUS new Manager that would be included in is under common control with a ANNOUNCEMENT: [65 FR 17547, April 3, a proxy statement. To meet this Manager. 2000]. obligation, ICMI will provide Shareholders with an information For the SEC, by the Division of Investment STATUS: Closed Meeting. statement meeting the requirements of Management, under delegated authority. PLACE: 450 Fifth Street, N.W., Regulation 14C, Schedule 14C and Item Margaret H. McFarland, Washington, D.C. 22 of Schedule 14A under the Securities Deputy Secretary. DATE PREVIOUSLY ANNOUNCED: April 3, Exchange Act of 1934. [FR Doc. 00–8875 Filed 4–10–00; 8:45 am] 2000. 4. ICMI will not enter into a BILLING CODE 8010±01±M CHANGE IN THE MEETING: Cancellation of Subadvisory Agreement with any Meeting. Affiliated Manager without such SECURITIES AND EXCHANGE The closed meeting scheduled for agreement, including the compensation Thursday, April 6, 2000 at 11 a.m., was to be paid thereunder, being approved COMMISSION cancelled. by the Shareholders of the applicable Manager of Managers Fund. Agency Meeting Dated: April 7, 2000. Jonathan G. Katz, 5. At all times, a majority of the Notice is hereby given, pursuant to Company’s Board will be Independent the provisions of the Government in the Secretary. Directors, and the nomination of new or Sunshine Act, Pub. L. 94–409, that the [FR Doc. 00–9057 Filed 4–7–00; 11:30 am] additional Independent Directors will Securities and Exchange Commission BILLING CODE 8010±01±M be at the discretion of the then existing will hold the following meeting during Independent Directors. the week of April 10, 2000. 6. When a Manager change is A closed meeting will be held on SECURITIES AND EXCHANGE proposed for a Manager of Managers Wednesday, April 12, 2000 at 11:00 a.m. COMMISSION Fund with an Affiliated Manager, the Commissioners, Counsel to the Company’s Board, including a majority (Release No. 34±42615; File No. SR±CBOE± Commissioners, the Secretary to the 00±03) of the Independent Directors, will make Commission, and recording secretaries a separate finding, reflected in the will attend the closed meeting. Certain Self-Regulatory Organizations; Notice applicable Fund’s Board minutes, that staff members who have an interest in of Filing and Order Granting such change is in the best interests of the matters may also be present. Accelerated Approval of Proposed the Fund and its Shareholders and does The General Counsel of the Rule Change by the Chicago Board not involve a conflict of interest from Commission, or his designee, has Options Exchange, Inc., Relating to which ICMI or the Affiliated Manager certified that, in his opinion, one or Rejecting RAES Orders in Certain derives an inappropriate advantage. Limited Situations 7. ICMI will provide general more of the exemptions set forth in 5 U.S.C. 552b(c)(4), (8), (9)(A) and (10) management services to each Manager April 3, 2000. and (17) CFR 200.402(a)(4), (8), (9)(A) of Managers Fund, including overall Pursuant to section 19(b)(1) of the supervisory responsibility for the and (10), permit consideration for the scheduled matters at the closed meeting. Securities Exchange Act of 1934 general management and investment of (‘‘Act’’)1 and Rule 19b–4 thereunder,2 each Manager of Managers Fund’s Commissioner Hunt, as duty officer, voted to consider the items listed for the notice is hereby given that on February securities portfolio, and, subject to 22, 2000, the Chicago Board Options Board review and approval, will (i) set closed meeting in a closed session. The subject matter of the closed Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) each Manager or Managers Fund’s filed with the Securities and Exchange overall investment strategies, (ii) meeting scheduled for Wednesday, April 12, 2000 will be: Commission (‘‘Commission’’) the recommend and select Managers, (iii) proposed rule change as described in allocate, and when appropriate, Institution and settlement of injunctive Items I and II below, which Items have reallocate a Manager of Managers actions; and been prepared by the Exchange. In this Fund’s assets among its Managers when Institution and settlement of administrative proposed rule change, CBOE seeks to a Fund has more than one Manager, (iv) proceedings of an enforcement nature. monitor and evaluate Manager At times, changes in Commission 1 15 U.S.C. 78s(b)(1). performance, and (v) implement priorities require alterations in the 2 17 CFR 240.19b–4.

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19402 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices extend a pilot program that was first II. Self-Regulatory Organization’s class.8 In those classes in which the approved by the Commission on Statement of the Purpose of, and ABP system has yet not been November 22, 1999.3 On March 22, Statutory Basis for, the Proposed Rule implemented, orders are still subject to 2000, CBOE filed Amendment No. 1 to Change Interpretation .04, which requires an the proposed rule change.4 The In its filing with the Commission, the order to be rerouted from RAES in the Commission received eight comment CBOE included statements concerning event that an order in the book is letters on the pilot program.5 The the purpose of, and basis for, the establishing the prevailing best bid or Exchange’s response to these comment proposed rule change. The text of these offer (whichever one is relevant to the 9 letters can be found in Item IV. The statements may be examined at the particular order). The Exchange is not Commission is publishing this notice places specified in Item V below. The proposing to provide this extra protection to orders that are rejected and order to solicit comments on the CBOE has prepared summaries, set forth in Sections A, B, and C below, of the where the ABP system has been proposal from interested persons and to implemented for a number of reasons. approve the proposal on an accelerated most significant aspects of such statements. First, as the Exchange noted in its basis for a 6 month pilot that will expire original filing, in most cases where the on August 22, 2000. A. Self-Regulatory Organization’s order is kicked out due to an Autoquote Statement of the Purpose of, and I. Self-Regulatory Organization’s inversion, the booked order already will Statutory Basis for, the Proposed Rule Statement of the Terms of Substance of have been traded in open outcry before Change the Proposed Rule Change the incoming RAES orders are received. The purpose of the proposed rule In addition, the Exchange’s systems The CBOE proposes to extend, for a 6 filing is to extend, for an additional 6 have been designed such that a rejected month period, a pilot program that month period, the pilot program that order will normally be routed directly to provides for certain orders to be rejected provides (where the Exchange’s the Exchange’s electronic brokerage from RAES for manual handling in Automated Book Priority (‘‘ABP’’) terminal (‘‘PAR’’) in the trading crowd certain limited situations. The text of system has been implemented) for and will appear on that PAR machine the proposed rule change is available at certain orders to be rejected from RAES instantaneously. Consequently, these the CBOE and at the Commission’s for manual handling in the limited rejected orders will routinely be represented in the trading crowd within public reference room. situation where the bid or offer for a series of options generated by the a matter of seconds of being rejected. These orders will be entitled, by virtue 3 Exchange’s Autoquote system becomes See Release No. 34–42168 (November 22, 1999), of the firm quote rule, to be executed at 64 FR 66952 (November 30, 1999) (File No. SR– crossed or locked with the best bid or CBOE–99–61). offer for that series as established by a the bid or offer displayed when that 4 In Amendment No. 1, the CBOE amended the booked order. The Exchange believes order reaches the trading station. filing to respond to questions from the Commission this limited kick-out situation provided As described in the prior filing, in the staff and to incorporate these responses into the text by the pilot program is the best course of planning for the of the rule filing. In addition, the CBOE proposed implementation of the ABP system, the to adopt an Interpretation that provides protection alternative currently available to the for orders kicked out of RAES when the prevailing Exchange to address the particular risk Exchange became aware of an market bid or offer is equal to the best bid or offer presented by the unusual situation unintended consequence of the on the Exchange’s book. This Interpretation, which where the Autoquote crosses or locks operation of the ABP system. That is, was part of CBOE’s rules until October 1999, would with an order in the Exchange’s book. In the Exchange realized that in situations apply to option classes where the Automated Book where the best bid or offer for one or Priority system has not been implemented fact, as described further below, the (Interpretation .04 to CBOE Rule 6.8). See letter Exchange has found that only 0.44% of more series of a particular class is from Timothy Thompson, Director, Regulatory all orders (in those classes where the established by one or more orders in the Affairs, CBOE, to Elizabeth King, Associate ABP system has been implemented) Director, Division of Market Regulation, routed to RAES would be rejected 8 As of February 10, 2000, ABP has been Commission, dated March 21, 2000 (‘‘Amendment implemented in over 150 classes of equity options No. 1’’). pursuant to the pilot program. on the Exchange floor, including many of the most 5 See letters from George Brunelle, Law Offices of 1. Background actively traded option classes. ABP has been George Brunelle, to Secretary, Commission, dated implemented in options classes at every trading December 20, 1999 (‘‘Brunelle Letter 1’’); James I. The Exchange’s ABP system allows an station on the floor. As the Exchange has noted to Gelbort, to Jonathan G. Katz, Secretary, Commission staff, the Exchange will continue to order entered into RAES to trade roll out ABP to the other option classes on the floor Commission, dated December 21, 1999 (‘‘Gelbort directly with an order on the Exchange’s Letter’’); Thomas Peterffy, Chairman, and David M. in any orderly manner—in a manner designed to Battan, Vice President and General Counsel, customer limit order book in those cases ensure the continued integrity of the ABP system. 9 Interactive Brokers, The Timber Hill Group, to where the prevailing market bid or offer In those classes where ABP has not yet been Jonathan G. Katz, Secretary, Commission, dated is equal to the best bid or offer on the implemented, when a RAES order is entered into the Exchange’s Order Routing System at a time December 21, 1999 (‘‘IB Letter’’); Linda S. Tors, to Exchange’s book.6 The Commission Jonathan G. Katz, Secretary, Commission, dated when the prevailing market bid or offer is equal to the best bid or offer on the Exchange’s book, the January 6, 2000 (‘‘Tors Letter’’); Thomas Coyle, to approved the Exchange’s rules order generally is routed electronically to a Floor Jonathan G. Katz, Secretary, Commission, dated implementing the ABP system in Broker’s terminal or work station in the crowd January 3, 2000 (‘‘Coyle Letter’’); John Rohde, to 7 October 1999, however, these rule subject to the volume parameters of each firm. Jonathan G. Katz, Secretary, Commission, dated changes do not become operative in a Today, the orders are routed to the Floor Brokers January 9, 2000 (‘‘Rohde Letter’’); Brent Houston, particular class until the Exchange instead of being automatically executed in the Senior Vice President, Capital Markets, Datek implements the ABP system in that crowd at the market price, because execution with Online, to Jonathan G. Katz, Secretary, Commission, the crowd would be inconsistent with CBOE Rule dated February 1, 2000 (‘‘Datek Letter’’); George 6.45, which provides that bids or offers displayed Brunelle, Brunelle & Hadjikow, to Jonathan G. Katz, 6 In the event that the order in the book is for a on the customer limit order book are entitled to Secretary, Commission, dated March 23, 2000 smaller number of contracts than the RAES order, priority over other bids or offers at the same price. (‘‘Brunelle Letter 2’’). The Division of Market the balance of the RAES order would be assigned Until ABP is implemented in the particular class, Regulation received Brunelle Letter 2 on March 28, to participating market makers at the same price at the first such order rerouted from RAES due to a 2000. In Brunelle Letter 2, the commenter generally which the rest of the order is to be executed situation in which the book touches the market is reiterates the comments from his previous letter 7 See Release No. 34–41995 (October 8, 1999), 64 entitled to be filled at the prevailing quote at the (Brunelle Letter 1) and also comments on another FR 56547 (October 20, 1999) (File No. SR–CBOE– time the order was rerouted. See Amendment No. CBOE rule filing, SR–CBOE–99–57. 99–29). 1.

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With ABP in subject to a substantial risk in the event lower volume series traded on RAES place along with the limited kick-out, that the market in the underlying stock and endangering the viability of RAES only 2.46% of the orders (and 1.44% of moved significantly and quickly in a itself) and/or (ii) market makers may the contracts) that would have been direction that made the booked order request the Equity Procedure Committee rejected without ABP are now rejected substantially better than the price to either reduce the size of orders with ABP. calculated by CBOE’s Autoquote eligible for RAES or to take some series formula. In that event, while the booked off of RAES (thus, eliminating Other Alternatives order would quickly be executed, CBOE significant advances in automatic The Exchange believes that the represents that the ABP system may not execution that our customers have present alternative of rejecting RAES be able to react quickly enough to requested). orders in the limited situation it has remove the executed order from the As mentioned in that prior filing, the described is the most effective way to limit order book. As a result, once ABP Exchange expected the number of orders provide the benefits of the ABP system is implemented, orders entered in RAES that would be rejected from RAES under would automatically be executed this proposed rule would represent only without creating such a great risk to against the stale bid or offer still being a small subset of the orders that were Exchange market makers that they shown in the book notwithstanding the rejected in those same classes before choose not to participate on RAES, or booked order having already been ABP was implemented in those classes. that they encourage the appropriate executed. CBOE contends that this In fact, the Exchange has found that the Floor Procedure Committee to offer only result could cause direct and substantial number of kick-outs resulting from the a few active series on RAES. During the economic disadvantage to the market implementation of this system is a 6 month pilot period, the Exchange will makers who are obligated to participate remarkably small percentage of the continue to seek other alternatives to in RAES executions.10 The Exchange RAES-eligible orders. Of the 150 classes having these orders rejected. Among the believes there is no question that the in which ABP had been implemented as alternatives the Exchange is presently consequence of implementing ABP of February 14, the Exchange found that considering are: (i) Having the without addressing this substantial only 44 of those classes had an ABP Autoquote system generate an order that increased risk is that (i) market makers order on that day. Over the course of will be traded on RAES in those cases that day, 5908 orders were routed to where the Autoquote crosses with the 10 CBOE explains the potential risk market makers RAES in those particular 44 classes book value and (ii) having an income could be subject to by implementing the ABP accounting for 41,102 contracts. Of order trade against the book order at the system without the proposed ‘‘carve out’’ by way book price for the volume in the book of example. Assume that in a volatile stock (where those 5908 orders, 1054 orders the maximum order size for RAES has been (representing 9017 contracts) were and then having the balance of the established at 50 contracts) small customer orders handled by ABP, i.e. they were traded incoming order trade at the next best in the book are establishing the best bid in six against orders in the book and in some available price whether it is another different series. In one particular series, Series A, cases also against market makers at the booked order or against the market assume that the CBOE market is 5 (bid)—51⁄8 (offer), with a book order to buy 5 contracts at $5 (which price of the booked order. In all 44 makers logged onto RAES at the best establishes the best bid). Assume further that the classes during the course of the day, market maker quote whether from price of the underlying internet stock drops there were only 26 orders (representing Autoquote or verbalized by a market precipitously in a matter of seconds. When the underlying moves, the Exchange’s Autoquote 130 contracts) rejected from RAES due maker. The Exchange will continue to system will also update CBOE market makers’ to the Autoquote bid or offer crossing or search for alternatives to develop its quotes for the options overlying that stock. Assume locking with the price of the booked systems to provide the best with the drop in the underlying, the Exchange’s order.11 This is, on average, less than opportunities for its customers. As it is, Autoquote system establishes a bid and offer of 43⁄4–7⁄8 for Series A. (The same scenario would play one order per day per class that was Exchange customers who enter orders in out with the other five series whose best bid is rejected pursuant to the pilot program the RAES system in those classes where established by an order in the book.) The order in and amounts to only 0.44% of the the ABP system has been implemented the book representing the best bid will likely be immediately executed by the crowd in the auction orders routed to RAES in those 44 are much less likely to have their orders market. For some period of time after the trade has classes and only 0.31% of all the rejected for manual handling today than been consummated in open outcry, however, the contracts routed to RAES in those 44 they were before the implementation of bid will still be displayed as CBOE’s bid while the classes.12 It should also be noted that if ABP along with the limited kickout Order Book Official physically punches the keys to take the bid down from the display. During this ABP had not been implemented in those provided by the pilot program. period, the displayed bid of 5 in the book will be classes, all 1054 orders that were 3 Monthly Study out of line with the theoretical bid of 4 ⁄4 generated handled by ABP would have been by CBOE’s Autoquote system. In the meantime, rejected from RAES for manual handling traders who have equipped themselves with the The Exchange is committing to necessary computer equipment and provide a study each month during the 11 communications facilities could have identified the In those 44 classes in which an ABP order was pilot program detailing the number of pricing disparity between the theoretical price of received, 26 orders were rejected. While there was the options and the displayed best bids, could a limited concentration of the kickouts in certain kickouts that the Exchange experienced automatically generate orders to sell the affected classes, no class had more than 5 kickouts for the pursuant to the pilot program during the options and route those orders to RAES. If RAES entire day. Of the 26 rejects, 19 of them occurred previous month. is allowed to operate as it does under normal in five classes as follows: CSCO (Cisco Systems)— circumstances, each order to sell that arrives at the 5, YHOO (Yahoo! Inc.)—4, CMGI (CMGI Inc.)—4, 2. Statutory Basis Exchange from these investors, for so long as the AOL (America Online, Inc.)—3, QCOM (Qualcomm out-of-line book bid continues to be displayed, will Inc.)—3. The CBOE believes the proposed rule be assigned to market makers in the trading crowd 12 Of course, a more revealing statistic might be who are logged on to RAES. These market makers the percentage of RAES orders rejected compared to change is consistent with and furthers in turn will be obligated to buy at the $5 bid, which all RAES orders received in those 150 classes in the objectives of Section 6(b)(5) 13 of the could now be significantly away from the which ABP had been implemented, not only those Act in that it is designed to remove theoretical bid. Of course, the same adverse classes in which an ABP order was received. The impediments to a free and open market consequences could be experienced in the other percentages for the 150 ABP classes would be significantly lower than they are for the 44 classes five series of the class in which the bid was 13 established by a booked order alone. 15 U.S.C. 78f(b)(5).

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19404 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices and to protect investors and the public pilot program will have a minimal displayed by CBOE might not actually interest. impact on the market. In sum, he argues be the price that their customers receive. that CBOE’s support of the proposal is Further, they argue that once an order B. Self-Regulatory Organization’s flawed because it simultaneously argues is kicked-out, their customers lose the Statement on Burden on Competition that makers may be exposed to advantages of an automatic execution CBOE does not believe that the tremendous risk, but the situations system such as RAES, which according proposed rule change will impose a creating this risk will occur very to these commenters, include the ability burden on competition that is not infrequently. to modify or cancel orders online. Three necessary or appropriate in furtherance Another commenter also refutes other individuals also share these of purposes of the Act. CBOE’s arguments supporting the pilot comments.20 18 C. Self-Regulatory Organization’s program. In particular, the commenter All of the commenters argue that the Statement on Comments on the notes that CBOE’s fear that market pilot program does not allow customers Proposed Rule Change Received From makers may not participate on RAES to take advantage of certain trading Members, Participant, or Others should be balanced with some of opportunities, including arbitrage CBOE’s other RAES initiatives, such as situations. For example, one commenter No written comments were solicited requiring all DPMs to participate in asserts that the essence of successful or received with respect to the proposed automatic execution systems and earlier options trading, and of successful rule change. attempts to decrease the number of arbitrage, is the identification of a III. Summary of Comments market makers participating in RAES. pricing disparity between the theoretical Further, the commenter addresses The Commission received eight price of the option and the displayed CBOE’s argument about market makers 21 comment letters on the pilot program.14 best bid or offer. This commenter widening their quotes by asserting that believes that the pilot program, with its All of the commenters disapprove of the CBOE already permits double-width pilot program and ask the Commission kick-out feature, does not allow traders quotes in many volatile options classes to take advantage of these opportunities. not to extend it. Generally, the and also allows market makers to commenters assert that the pilot Two commenters offer suggestions on specify a RAES size limit that is less how to eliminate the need for the pilot program protects CBOE market makers than the class maximum. and disadvantages retail customers.15 A program. One of these commenters In addition, this commenter argues believes that if CBOE provides few firms commented on the linking of that the changes to various exchanges’ 16 additional staff to help take out the the options exchanges. The linking automatic execution systems may create issues, however, is not the subject of booked order when the booked order is public confusion and unfairly restrict locked or crossed by the Autoquote this filing. customers’ trading opportunities. Before One commenter argues that the pilot price, the need for the pilot program the approval of the ABP system and the 22 program allows CBOE market makers to would be eliminated. The other pilot program, the commenter asserts commenter suggests that when an abandon their firm quote that public customers knew how their responsibilities.17 He states that CBOE’s Autoquote price touches the price of a orders would be handled when these book order, the system should Autoquote system does not reflect orders reached the CBOE floor. When public bids or offers, but only the automatically execute the book order the ABP system was approved, the against a market maker.23 The activity of a CBOE computer. The commenter notes that CBOE deleted commenters asserts that, for example, commenter believes that this would Interpretation .04, which provided eliminate the need for the pilot program when this system locks or crosses protection for kicked-out RAES orders, CBOE’s bid as established by a customer because it would eliminate the because CBOE believed that the ABP possibility of a book order being locked limit order, the pilot program will allow system would reduce or eliminate kick- market makers to abandon the or crossed with the Autoquote price. outs. However, after approval of the In the alternative, this commenter prevailing public quotation, and to ABP system, the commenter points out reject all incoming sell orders which suggests that if the pilot program is to that CBOE subsequently expanded the would otherwise be entitled to trade continue, then CBOE should be required situations in which RAES orders could against the best published bid. The to notify broker-dealers that automatic be kicked-out through a series of rule commenter goes on to state that after execution is not available in a particular filings, including the pilot program. these sell orders have been redirected to options series. the commenter believes According to the commenter, the effect the crowd, these orders will most likely that CBOE should post this notification of all of these changes is that CBOE still be executed at an inferior price. at least three seconds prior to removing In addition, this commenter believes has the ability to kick-out orders, but it the options series from the automatic that CBOE’s arguments supporting the no longer has a rule in place which execution system. In addition, this pilot program are flawed. He notes that protects these kicked-out orders. commenter believes that the pilot Two broker-dealers commented that CBOE supports the pilot by arguing that program should not be extended without it, market makers might avoid the pilot program has an adverse impact because it gives no incentive to CBOE to on the trading strategies of their participating on RAES or might widen 19 fix its systems. their quotes, both in response to the risk customers. In particular, these firms IV. The Exchange’s Response to the created by potential arbitrage situations. maintain that they have created order Commenters He further notes, however, that CBOE routing systems that send customer also states that it does not anticipate orders to the market with the best price, Seven comment letters were that the potential arbitrage situation will and these order routing systems rely on submitted on the original proposed rule occur that frequently and therefore, the firm quotes and automatic execution. change: one by Interactive Brokers; one They assert that the kick-out feature of by James Gelbort; one by George 14 See supra note 5. the pilot program hurts their order 15 See, e.g., Brunelle Letter 1, Gelbort Letter, Tors routing systems because the price 20 See Tors Letter, Rohde Letter, Coyle Letter. Letter, Rohde Letter and Datek Letter. 21 See Brunelle Letter 1. 16 See IB Letter, Datek Letter. 18 See Gelbort Letter. 22 See Gelbort Letter. 17 See Brunelle Letter 1. 19 See IB Letter, Datek Letter. 23 See IB Letter.

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Brunelle on behalf of a private makers’ ‘‘advantages.’’ 27 Again, these circumstance permitted by the pilot investment firm client; one by Thomas letters ignore the fact that, unlike the program, will absolutely receive firm Coyle; one by Linda S. Tors; one by John professional traders who commented on quote treatment whether through RAES Rohde; and one from Datek Online.24 It the pilot program, market makers have or after having been rejected from RAES. should be noted that all but three of the become subject to ever greater Because the Exchange has developed letters—the IB Letter, the Gelbort Letter, obligations that have been imposed by systems that route those rejected orders and the Brunelle Letter 1—were sent to Exchange rules. In fact, the ABP system instantaneously to electronic PAR the Commission after the public obligates the Exchange’s market makers terminals in the trading crowd, in most comment period had expired; the Datek to trade up to fifty (50) contracts (the cases these orders will be executed at letter was sent more than one month maximum RAES order size) at a price the prevailing quotes within a few after the comment period ended. that was established by a public seconds of when they were entered. Nevertheless, the Exchange is customer and not by the market makers. addressing the arguments raised in each One of the commenters suggested that Gelbort Letter of the letters. the book staff have an incentive to The Gelbort Letter states that the Stripped of their rhetoric and continue to display a book price that is ‘‘CBOE does not propose to expand the inaccuracies, these letters all essentially crossed or locked with the Autoquote ABP system to insure that booked bids argue that the Exchange’s proposed rule system.28 Of course, it should be or offers are, in fact, rapidly executed by should be disapproved because it does apparent from everything the Exchange crossed or locked Autoquotes.’’ As the not allow, in their opinion, for the has explained why the DPM book staff Exchange has stated herein, the smooth operation of a certain business has an incentive to take down the Exchange has in fact considered and model of which they presumably want already traded book price as soon as continues to consider expanding the to take advantage. A central theme of possible. The longer the book price ABP system to have the Autoquotes many of the letters is that the type of remains, the more orders that will be trade against the booked orders. It was kick-out provided for by this rule (and sent to the Exchange trying to trade at simply not possible at the time ABP was other procedures at other exchanges) is the erroneous price and the more orders implemented to change the system to a step backward in a technological that will subsequently be rejected due to allow for this to happen and so the world that is providing quicker and the pilot program. The Exchange’s method chosen for dealing with the better access for customers to automatic DPMs have an incentive from a problem was the one with the Exchange execution systems. What these letters customer service standpoint and for the determined was the least disruptive of ignore is that the Exchange has sake of running an efficient business to those feasible alternatives. continually expanded access to RAES ensure the displayed prices are accurate over the last few years by increasing the and that the prices of orders that are Mr. Gelbort continues by arguing that eligible RAES order size, and that with traded are taken down as soon as ‘‘[e]ven in an electronic world, on-floor this new kick-out there are actually possible. traders continue to enjoy significant fewer orders rejected from RAES today While the above discussion addresses advantages.’’ In fact, what Mr. Gelbort (not more as these letters suggest) than the arguments presented in all of the completely neglects to point out is that there were just a few months ago before comment letters, the Exchange wanted any ‘‘advantages’’ that on floor traders the ABP system was put in place.25 to address individually some of the may have once enjoyed have been Before the implementation of ABP in a letters which raise some issues that are eroded over the years as customers have particular class, every incoming RAES- particularly troubling because they state gained access to computers that allow eligible order would be rejected from inaccuracies and/or misrepresent the them to identify opportunities for RAES in those cases in which a booked Exchange’s intentions. trading and have allowed them to transit order was establishing the best price on orders nearly instantaneously to the Brunelle Letter 1 that side of the market against which the floor. In fact, the Exchange has order would be traded. In those classes The Brunelle Letter 1, which was sent facilitated the erosion of these where ABP is in place, an incoming on behalf of a ‘‘private investment firm’’ ‘‘advantages’’ by remaining at the RAES-eligible order is only rejected who chose to remain anonymous, states forefront of developing systems that from RAES if the booked order is that the CBOE is arguing that ‘‘the allow for quick access, by increasing the establishing the best price on the side of public can have RAES, or they can have order size eligible for automatic the market against which the order the Firm Quote Rule * * * but not execution, and by guaranteeing that would be traded and if the Autoquote both.’’ This statement is contrary to the RAES orders will be filled at the NBBO bid or offer (as appropriate) crosses or Exchange’s rules and to Exchange if the NBBO is no more than the step- locks with that book price. practice. In fact, the Exchange’s firm up amount better than the CBOE best The letters also wrongly assume that quote rule, CBOE Rule 8.51, states in quote. What Mr. Gelbort also there is no public benefit to this kick- paragraph (a)(2) that ‘‘the appropriate conveniently neglects to mention is that out 26 and that the proposal was Floor Procedure Committee * * * may in spite of the instantaneous access to established merely to protect the establish a different firm quote the Exchange’s markets, high speed Exchange’s market makers from requirement for a particular class of computers, and a wealth of information suffering losses or to protect the market options that is not less than the RAES at their fingertips, the professional contract limit and no more than 50 traders enjoy one enormous advantage 24 CBOE did not receive a copy of Brunelle Letter contracts.’’ By virtue of this rule, every over Exchange market makers. They 2. order entered for the maximum RAES have absolutely no obligation to trade at 25 As described above, only 2.46% of the orders a particular price, unlike Exchange (1.44% of the contracts) rejected before the eligible size or less is entitled to firm implementation of ABP are rejected pursuant to the quote treatment. This means that every market makers. CBOE market makers pilot program. If the number of rejected orders were RAES-eligible order, including those who are logged onto RAES, however, are compared to all RAES orders in those classes in obligated to trade incoming RAES which ABP had been implemented these that are rejected in the limited percentages would be even smaller. orders at the disseminated price or 26 See Brunelle Letter 1 at 1, ‘‘Without any 27 Id. better when they are assigned the trade countervailing benefit to the public markets. * * *’’ 28 See IB Letter. even if that price was established by a

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19406 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices small order in the Exchange’s book that are required to participate on RAES at Exchange. It is the Exchange’s judgment, was better than the price any CBOE all times. Mr. Gelbort’s conclusion is however, that although it is not ideal, it market maker was willing to pay for that flawed for a number of reasons. First, would prefer the limited number of particular series. the Exchange does not believe it is ideal kick-outs provided for by the pilot Mr. Gelbort also argues that the result in most instances for DPMs alone to program than to risk losing liquidity on of these rules is to lead to ‘‘needless participate on RAESs. Non-DPM market RAES or having series taken off of public confusion.’’ As stated earlier, makers, however, are not required to log RAES. however, the Exchange has already onto RAES unless they are present in Interactive Brokers, in fact, suggests pointed out that it has gone to great the trading pit and they have logged on an alternative solution on page 5 to deal lengths to inform the public of those at a prior time in the particular with the Exchange’s particular concern limited circumstances where an order expiration cycle. In fact, to the extent that the Exchange is already may be rejected from RAES pursuant to market makers are logged onto the RAES considering. Namely, Interactive the pilot program both by filing the system, these market makers will have Brokers suggests that when an proposal for pubic comment and by an incentive to ensure that the quotes Autoquote price touches the price of a issuing regulatory circulars on the are updated and accurate. In addition, booked order, the system should matter. The reasons why an order may regardless of whether a DPM is logged automatically execute the booked order be rejected from RAES pursuant to this onto RAES, if the risk involved in against a market maker. The CBOE proposal are clearly defined and have trading over RAES becomes so great, the agrees that this may well be a longer been clearly stated. Mr. Gelbort’s final DPM will likely request the Floor term solution to the particular issue. In paragraph on the subject rule filing, at Procedure Committee to remove all but light of the complexities of the RAES the bottom of page 4, is a series of the most active series from RAES. system and the Exchange’s other current inaccuracies and self-serving system priorities (including a statements. Mr. Gelbort argues that if the IB Letter conversation to decimalization), keystrokes have not been made to trade Like the Gelbort Letter, the IB Letter ‘‘fixing’’ the problem would entail more a booked order it is due to ‘‘inattention draws faulty conclusions from failing to than ‘‘a few of programming work’’ as rather than some inherent systems have access to a number of facts. Like Interactive Brokers suggests. delay.’’ In fact, at most trading stations the Gelbort Letter, the IB Letter suggests Finally, Interactive Brokers argues there are traders who specifically look there are better alternatives than that in lieu of disapproving the for situations where the Autoquotes rejecting orders from RAES when the proposed rule that the Exchange be become crossed with a booked order Autoquotes cross with the price of a required to post in electronic form, and trade them immediately. However, booked order. Interactive Brokers makes accessible to broker-dealer routing even though it takes only ‘‘a few quick this statement without knowing what systems, a notification that automatic keystrokes’’ to trade the order, this is all alternatives the Exchange considered execution is not available for a the time it takes for the RAES system to (and continues to consider) and without particular option series. Interactive be flooded with orders from multiple knowing what time and effort might be Brokers argues this notice should be customers. This is particularly true involved in instituting Interactive accessible at least three seconds prior to when the DPM staff has to trade more Brokers’ preferred solution to deal with such options series being removed from than one booked order at the same the issue. The simple fact of the matter the automatic execution system. The time.29 As far as Mr. Gelbort’s assertion is that the Exchange, Interactive Brokers Exchange is, in fact, exploring having a that the CBOE has been willing to and Mr. Gelbort all share the same code placed next to its disseminated provide additional book terminals and ultimate goal, to have the CBOE’s quotes that indicates when the best trained personnel DPMs that request systems operate in the most efficient quote for a particular series is being them (presumably to suggest that this manner with the fewest disruptions. established by a booked order. The could solve the problem without the However, the Exchange is also Exchange believes it may be able to need for rejecting RAES orders), while concerned about providing market provide such notice in the near future this is true and remains true, this is not makers with the proper incentives to and this would undoubtedly benefit a solution to the particular problem. The provide the best and tightest markets for Interactive Brokers’ system. It would not Autoquote system may become crossed the benefit of all customers. Until the be feasible to wait three seconds to with a booked order at any time in any Exchange is confident that the quality of remove the series from automatic options class across the floor and by the its markets will not be compromised by execution, however, because the instant time the situation arises it will be too subjecting market makers to undue risk that a booked order becomes the CBOE’s late to transfer staff as Mr. Gelbort no for which they cannot reasonably best bid or offer, the market makers doubt knows. account, it should not be forced to adopt become subject to the risk that the pilot Mr. Gelbort continues by correctly any particular methodology for dealing program was designed to manage. stating that DPMs have been assigned to with the issue at hand merely because all equity option classes and argues that it happens to more easily accommodate V. Solicitation of Comments this should eliminate any concern about the particular system designed by one Interested persons are invited to market makers not participating on firm. submit written data, views, and RAES if this particular kick-out were Interactive Brokers’ entire first arguments concerning the foregoing, not employed because DPMs, at least, argument on pages 2–4 of the IB Letter including whether the proposed rule is is predicated on the notion that the consistent with the Act. Persons making 29 The Exchange estimates that for one series it number of exceptions to automatic written submissions should file six will generally take the DPM book staff 1 to 4 execution is growing on the options copies thereof with the Secretary, seconds to complete the transaction. Of course, there are some instances where more than one exchanges. However, as discussed Securities and Exchange Commission, booked order may be traded at the same time. As previously, the number of kick-outs that 450 Fifth Street, N.W., Washington D.C. soon as the booked order is traded, the book- result from the current pilot program is 20549–0609. Copies of submission, all Autoquote inversion will generally cease to exist only a very small subset of the orders subsequent amendments, all written and all incoming RAES orders after that point will be automatically traded and not rejected from that have been kicked out in situations statements with respect to the proposed RAES. before ABP was implemented on the rule change that are filed with the

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Commission, and all written Nevertheless, the Commission is approving the proposed rule change communications relating to the mindful of the commenters concerns. In prior to the thirtieth day after the date proposed rule change between the particular, the Commission agrees with of publication of notice thereof in the Commission and any person, other than the commenters that there are other Federal Register. Further, the those that may be withheld from the solutions than the one employed by Commission notes that the CBOE has public in accordance with the CBOE in this pilot program. In this agreed to provide monthly reports to the provisions of 5 U.S.C. 552, will be filing, CBOE listed two alternative Commission regarding the number of available for inspection and copying in solutions. One of these alternatives times an incoming RAES order is the Commission’s Public Reference involves having an incoming order trade rejected pursuant to this pilot.33 Room. Copies of such filing will also be against the book order at the book price It is therefore ordered, pursuant to available for inspection and copying at for the volume in the book and then Section 19(b)(2) of the Act,34 that the the principal office of the CBOE. All having the balance of the incoming proposed rule change (SR–CBOE–00– submissions should refer to File No. order trade at the next best available 03) is hereby approved through August SR–CBOE–00–03 and should be price—whether it is with another 22, 2000. submitted by May 2, 2000. booked order or with a market makers For the Commission, by the Division of logged onto RAES. This alternative VI. Commission’s Findings and Order Market Regulation, pursuant to delegated would allow customer orders to interact 35 Granting Accelerated Approval of authority. with orders on the limit order book, but Proposed Rule Change Margaret H. McFarland, would eliminate the risk to market Deputy Secretary. After careful review, the Commission makers of executing a RAES order for finds that the proposal is consistent the maximum eligible size when the [FR Doc. 00–8880 Filed 4–10–00; 8:45 am] with the requirements of the Act.30 In limit order is for a smaller number of BILLING CODE 8010±01±M particular, the Commission finds the contracts. In this regard, the CBOE has proposal is consistent with Section represented that it will continue work 31 SECURITIES AND EXCHANGE 6(b)(5) of the Act. Section 6(b)(5) on systems changes to address the COMMISSION requires, among other things, that the situation when the Autoquote system rules of an exchange be designed to locks or crosses CBOE’s best bid or offer [Release No. 34±42617; File No. SR±EMCC± remove impediments to a free and open as established by the book and has 00±3] market and to protect investors and the assigned a high priority these systems public interest. changes. CBOE stated that it is confident Self-Regulatory Organizations; In extending this pilot, the that these changes could be Emerging Markets Clearing Commission has balanced the implemented by the end of this calendar Corporation; Notice of Filing and Order commenters concerns with those year, after it has completed the projects Granting Accelerated Approval of a expressed by CBOE. The Commission needed for it to convert to decimal Proposed Rule Change Relating to the notes that CBOE has provided figures trading.32 Exclusion of Excess Clearing Fund the show that kick-outs under this pilot In the meantime, the Commission Deposits in the Calculation of an Inter- program occur infrequently. agrees with one of the commenters that Dealer Broker Member's Minimum Specifically, on February 14, 2000, CBOE should provide protection to Margin Amount CBOE conducted a study to determine kicked-out orders in options classes how often kick-outs from RAES where the ABP system has not yet been April 4, 2000. occurred as a result of this pilot implemented. When the ABP system Pursuant to section 19(b)(1) of the program. On that date, CBOE found that was originally proposed, CBOE Securities Exchange Act of 1934 out of the 150 classes for which the ABP represented that the ABP system, by (‘‘Act’’),1 notice is hereby given that on system had been implemented, only 44 allowing RAES orders to interact March 30, 2000, the Emerging Markets of those classes had an order executed directly with orders in the exchange’s Clearing Corporation (‘‘EMCC’’) filed through the ABP system, i.e., the RAES limit order book, would reduce or with the Securities and Exchange order interacted with an order on the eliminate the need for kick-outs. Commission (‘‘Commission’’) the limit order book. In those 44 classes, Because of this representation, CBOE proposed rule change as described in 1054 orders (representing 9017 eliminated Interpretation .04, which Items I and II below, which items have contracts) were executed through the provided protection for orders that had been prepared primarily EMCC. The ABP system. In those same 44 classes, been kicked-out. As of the date of this Commission is publishing this notice to only 26 orders (representing 130 filing, CBOE has not implemented the solicit comments on the proposed rule contracts) were rejected from RAES due ABP system on a floor-wide basis. The change from interested parties and to to the Autoquote system locking or Commission therefore believes that grant accelerated approval of the crossing CBOE’s best bid or offer as Amendment No. 1, which re-adopts proposed rule change. established by the book. Moreover, the Interpretation .04, should help provide I. Self-Regulatory Organization’s orders rejected from RAES as a result of protection to orders kicked-out in those this pilot represent a small percentage of Statement of the Terms of Substance of classes in which the ABP system has not the Proposed Rule Change the total amount of orders routed to been implemented. CBOE also stated RAES in these 44 options classes on that it would continue to roll out the The text of the proposed rule change February 14 (5908 orders representing ABP system in those classes in which it provides EMCC the right, in its 41,102 contracts). These figures support had not yet been implemented. discretion, to exclude from an inter- CBOE’s position that kick-outs under In light of the likely benefits to this pilot program occur infrequently. customer limit orders expected to be 33 The extension of this pilot should not be gained by the continued interpreted as suggesting that the Commission is predisposed to approving the proposal 30 In addition, pursuant to Section 3(f) of the Act, implementation of the ABP system, the the Commission has considered the proposed rule’s permanently. impact on efficiency, competition, and capital Commission finds good cause for 34 15 U.S.C. 78s(b)(2). formation. 15 U.S.C. 78c(f). 35 17 CFR 200.30–3(a)(12). 31 15 U.S.C. 78f(b)(5). 32 See Amendment No. 1 at 2. 1 15 U.S.C. 78s(b)(1).

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19408 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices dealer member’s ‘‘minimum margin As written, the IDB Member would have where the trade(s) have been compared amount’’ additional margin that such to maintain that additional amount on or settled. member has posted to the clearing fund deposit as its floor for an additional 30 EMCC has requested that the due to its contra-party’s failure to timely to 60 days. Accordingly, the proposed Commission find good cause for submit one or more trades to EMCC rule would amend Rule 4 to permit approving the proposed rule change once the underlying trade(s) have been EMCC, in its discretion, to exclude the prior to the thirtieth day after compared or settled.2 additional margin from the calculation publication on the notice of filing. The of the IDB’s floor once the underlying II. Self-Regulatory Organization’s trade(s) have been compared or settled Commission finds good cause to Statement of the Purpose of, and and thus return the excess clearing fund approve the rule change prior to the Statutory Basis for, the Proposed Rule so posted by the IDB. thirtieth day after publication of notice Change This rule change should encourage because so approving will permit EMCC In its filing with the Commission, IDBs to become participants in EMCC, to immediately exclude the additional EMCC included statements concerning and therefore facilitate the prompt and margin requirement in the computation the purpose of and basis for the accurate clearance and settlement of of the IDB’s floor. This should proposed rule change and discussed any emerging market securities transactions. encourage more IDBs to become comments it received on the proposed The proposed rule change is therefore participants in EMCC which should rule change. The text of these statements consistent with the requirements of contribute to the safe and efficient may be examined at the places specified section 17A(b)(3)(F) of the Act, as clearance and settlement of emerging in Item IV below. EMCC has prepared amended, and the rules and regulations market debt securities. summaries set forth in sections (A), (B) thereunder. and (C) below, of the most significant IV. Solicitation of Comments aspects of these statements.3 (B) Self-Regulatory Organization’s Statement on Burden on Competition Interested persons are invited to (A) Self-Regulatory Organization’s submit written data, views, and EMCC does not believe that the Statement of the Purpose of, and arguments concerning the foregoing, proposed rule change will have an Statutory Basis for, the Proposed Rule including whether the proposed rule Change impact on or impose a burden on competition. change is consistent with the Act. EMCC’s rules require that inter-dealer Persons making written submissions broker members (‘‘IDBs’’) be margined (C) Self-Regulatory Organization’s should file six copies thereof with the in the same way as dealer members. Statement on Comments on the Secretary, Securities and Exchange Rule 4, Section 5(A) of EMCC’s Rules Proposed Rule Change Received From Commission, 450 Fifth Street, NW, requires members’ clearing fund Members, Participants or Others Washington, DC 20549–0609. Copies of deposits to equal the greater of (i) their No written comments relating to the the submission, all subsequent daily margin amount (i.e., the amount proposed rule change have been amendments, all written statements calculated for each member on each solicited or received. EMCC will notify with respect to the proposed rule business day) and (ii) their minimum the Commission of any written change that are filed with the margin amount (i.e., their ‘‘floor’’). The comments received by EMCC. Commission, and all written floor is the amount equal to the largest communications relating to the III. Date of Effectiveness of the single daily margin amount computed proposed rule change between the Proposed Rule Change and Timing for for a member during the relevant Commission and any person, other than Commission Action calendar month and the previous those that may be withheld from the calendar month. The Commission finds that the public in accordance with the As EMCC has developed and proposed rule change is consistent with provisions of 5 U.S.C. 552, will be expanded its membership base, there section 17A(b)(3)(F) of the Act, as available for inspection and copying in have been concerns about the effect of amended, and the rules and regulations the Commission’s Public Reference the late trade matching on IDBs. That is, thereunder. Section 17A(b)(3)(F) of the Section, 450 Fifth Street, NW, where an IDB and one of its contra- Act requires that the rules of a clearing Washington, DC 20549. Copies of such parties submit a trade on a timely basis agency be designed to assure the filing also will be available for but the other contra-party dealer does safeguarding of securities and funds inspection and copying at the principal not, the IDB will be required to post which are in the custody or control of office of EMCC. All submissions should additional clearing fund with EMCC. the clearing agency or for which it is refer to File No. SR–EMCC–00–3 and EMCC’s Addendum B requires the late responsible.4 The Commission believes should be submitted by May 2, 2000. submitting dealer in that situation to that EMCC’s proposal to exclude from cover the IDB’s financing cost for the the calculation of an IDB’s minimum It is therefore ordered, pursuant to excess clearing fund deposit. margin amount clearing fund deposits Section 19(b)(2) of the Act, that the Addendum B does not, however, which are made by an IDB due to the proposed rule change (File No. SR– address the impact of such additional failure of a contra-party dealer to submit EMCC–00–3) be, and hereby is, margin requirement on the computation a trade in a timely fashion is consistent approved on an accelerated basis. of the IDB’s floor. The intent of with EMCC’s safeguarding obligations For the Commission by the Division of requiring the additional margin from the because EMCC will be able to so adjust Market Regulation, pursuant to delegated IDB is to cover EMCC’s risk exposure the minimum margin amount only (1) authority.5 until the trade is compared or settled. for an IDB and not a dealer member, (2) Margaret H. McFarland, where the IDB has deposited the 2 A copy of the text of EMCC’s proposed rule additional margin because of the Deputy Secretary. change and the attached exhibits are available at the untimely submission of trade(s) by one [FR Doc. 00–8879 Filed 4–10–00; 8:45 am] Commission’s Public Reference Section or through BILLING CODE 8010±01±M EMCC. of its dealer counterparties, and (3) 3 The Commission has modified the text of the summaries prepared by EMCC. 4 15 U.S.C. 78q–1(b)(3)(F). 5 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Proposed new language is in italics; (vii) common or preferred stock, COMMISSION proposed deletions are in brackets. options, warrants, and other equity * * * * * securities, including debt securities [Release No. 34±42619; File No. SR±NASD± convertible to or exchangeable for equity 00±04] 2710. Corporate Financing Rule— securities [including securities] received Underwriting Terms and Arrangements [as underwriting compensation, for Self-Regulatory Organizations; Notice (a) Definitions: No change. example]: of Filing of Proposed Rule Change by a. [in connection with] for arranging the National Association of Securities (b) Filing Requirements a private placement of securities for the Dealers, Inc. Relating to its Corporate (1)–(5) No change. issuer. b. for providing or arranging a loan, Financing Rule (6) Information Required to be Filed credit facility, or bridge financing for the April 4, 2000. (A) Any person filing documents issuer; Pursuant to Section 19(b)(1) of the pursuant to subparagraph (4) above c. as a finder’s fee; Securities Exchange Act of 1934 shall provide the following information d. for providing consulting services to (‘‘Act’’),1 and Rule 19b-4 thereunder,2 with respect to the offering: the issuer; [and] notice is hereby given that on January (i)–(iii) No change. e. [securities purchase] as an 21, 2000, the National Association of (iv) [a statement addressing the factors investment in private placement made Securities Dealers, Inc. (‘‘NASD’’), in subparagraph c)(4)(C) and(D), where by the issuer; or through its wholly-owned subsidiary, applicable;] f. at the time of the public offering; NASD Regulations, Inc. (‘‘NASD [(v)] a detailed explanation of any (viii)–(x) No change. Regulation’’), filed with the Securities other arrangement entered into during (xi) commissions, expense and Exchange Commission (‘‘SEC’’ or the [12-month] 180-day period reimbursements, or other compensation ‘‘Commission’’) the proposed rule immediately preceding the filing date of to be received by the underwriter and change as described in Items I, II, and the public offering, which arrangement related persons as a result of the III below, which Items have been provides for the receipt of any item of exercise or conversion, within twelve prepared by NASD Regulations. NASD value [and/]or the transfer of any (12) months following the effective date Regulation filed Amendments No. 1, 3 warrants, options, or other securities of offerings, of warrants, options, No. 2, 4 and No. 3 5 to the proposed rule from the issuer to the underwriter and convertible securities, or similar securities distributed as part of the change on March 6, 2000, March 21, related persons; and [(iv)] (v) a detailed explanation and public offering; and 2000, and March 30, 2000, respectively, any documents related to: (xii) fees of a qualified independent the substance of which has been a. the modification of any information underwriter[; and]. incorporated into this filing. The or representation previously provided to [(xiii) compensation, including Commission is publishing this notice to the Association or of any item of expense reimbursements, paid in the six solicit comments on the proposed rule underwriting compensation[,]; or (6) months prior to the initial or change from interested persons. b. any new arrangement that provides amended filing of the prospectus or I. Self-Regulatory Organization’s for the receipt of any additional item of similar documents to any member or Statement of the Terms of Substance of value by the underwriter and related person associated with a member for a the Proposed Rule Change persons subsequent to the [review and public offering that was not completed.] approval of such compensation] (B) Notwithstanding paragraph NASD Regulation proposes to amend issuance of an opinion of no objections (c)(3)(A) above, the calculation of NASD Conduct Rule 2710. Below is the to the underwriting terms and underwriting compensation shall not text of the proposed rule change. arrangements by the Association and include: within 90 days immediately following (i) [E] expenses customarily borne by 1 15 U.S.C. 78s(b)(1). the effective date of the public offering. an issuer, such as printing costs; SEC, 2 17 CFR 240.19b-4. (B) No change. ‘‘blue sky’’ and other registration fees; 3 Letter from Suzanne E. Rothwell. Chief Counsel, (7)–(12) No change. Association filing fees; and accountant’s Corporate Financing, NASD Regulation, to Katherine A. England, Assistant Director, Division fees, [shall be excluded from (c) Underwriting Compensation and underwriter’s compensation] whether or of Market Regulation (‘‘Division’’), Commission, Arrangements dated March 3, 2000 (‘‘Amendment No.. 1’’). not paid through an underwriter; Amendment No. 1 makes certain clarifying and (1)–(2) No change. (ii) compensation, including expense non-substantive changes to the proposed rule reimbursements, previously paid to any change. (3) Items of Compensation 4 Letter from Suzanne E. Rothwell, Chief Counsel, member in connection with a proposed Corporate Financing, NASD Regulations, to (A) For purposes of determining the public offering that was not completed, Katherine A. England, Assistant Director, Division, amount of underwriting compensation if the member does not participate in Commission, dated March 20, 2000 (‘‘Amendment received or to be received by the the revised public offering; and No. 2’’). Amendment No. 2 revises the language of underwriter and related persons (iii) financial consulting and advisory proposed Rule 2710(c)(4)(D)(i) relating to ‘‘members of a group.’’ Amendment No. 2 also states that pursuant to subparagraph (2) above, the fees, on the basis of information that NASD Regulations consents to a 90 day extension following items and all other items of establishes that an ongoing relationship of the time period for Commission action specified value received or to be received by the between the issuer and the financial in Section 19(b)(2) of the Act. underwriter and related persons in advisor or consultant was established 5 Letter from Suzanne E. Rothwell, Chief Counsel, connection with or related to the Corporate Financing, NASD Regulation, to more than twelve months before the Katherine A. England, Assistant Director, Division, distribution of the public offering, as filing date of the public offering. Commission, dated March 29, 2000 (‘‘Amendment determined pursuant to subparagraph (4) Determination of Whether No. 3’’). Amendment No. 3 states NASD (4) below shall be included: Regulation’s rationale for deleting the exception (i)–(v) No change. Compensation Is Received in from the current Venture Capital lock-up in Rule Connection With the Offering 2710(c)(C)(i) for transactions in which a qualified (iv) financial consulting and advisory independent underwriter provides a pricing fees whether in the form of cash, (A) All items of value received [or to opinion and performs due diligence. securities, or any other item of value; be received] by the underwriter and

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[(B) Items of value received by an the securities constitute compensation;] (i) An entity will include a group of underwriter and related person more [(ii) the amount of risk assumed by legal entities that either: than twelve (12) months immediately the recipient of the securities, as a. are contractually obligated to make preceding the date of filing of the determined by:] co-investments and have previously registration statement or similar [a. the restrictions on exercise and made at least one such investment; or document will be resumed not to be resale;] b. have filed a Schedule 13D or 13G underwriting compensation. However, [b. the nature of the securities (e.g., with the SEC that identifies the entities items received prior to such twelve (12) warrant, stock, or debt); and] as members of a group who have agreed month period may be included as [c. the amount of securities, with a to act together for the purpose of underwriting compensation on the basis larger amount of readily marketable acquiring, holding, voting or disposing of information to support a finding that securities without restrictions on resale of equity securities of an issuer for receipt of the item is in connection with or a warrant for securities tending to purposes of Section 13(d) or 13(g) of the the offering.] indicate that the securities constitute Securities Exchange Act of 1934. [(C) For purposes of determining compensation; and] (ii) An institutional investor will mean whether any item of value received or [(iii) the relationship of the receipt of any individual or entity that has at least to be received by the underwriter and the securities to purchases by unrelated $50 million invested in securities in the related persons is in connection with or purchasers on similar terms at aggregate in its portfolio or under related to the distribution of the public approximately the same time, with an management; provided that an offering, the following factors, as well as absence of similar purchases tending to institutional investor will not include any other relevant factors and indicate that the securities constitute any member participating in the public circumstances, shall be considered:] compensation.] offering, any of its associated or [(i) the length of time between the [(E) Notwithstanding the provisions of affiliated persons, or an immediate date of filing of the registration subparagraph (3)(A)(vi) above, financial family member of its associated or statement or similar document and:] consulting and advisory fees may be affiliated persons. [a. the date of the receipt of the item excluded from underwriting (E) Notwithstanding subparagraph of value;] compensation upon a finding by the (c)(4)(A) above, the following [b. the date of any contractual Association, on the basis of information acquisitions of securities will not be agreement for services for which the satisfactory to it, that an ongoing considered underwriting compensation: item of value was or is to be received; relationship between the issuer and the (i) Purchases and Loans by Certain and] underwriter and related person has been Entities—Securities of the issuer [c. the date the performance of the established at least twelve (12) months purchased in a private placement or service commenced, with a shorter prior to the filing of the registration received as compensation for a loan or period of time tending to indicate that statement or similar document or that credit facility more than 90 days before the item is received in connection with the relationship, if established the filing date of the public offering, by the offering;] subsequent to that time, was not entered certain entities if: [(ii) the details of the services into in connection with the offering, and a. the entity: provided or to be provided for which that actual services have been or will be 1. either: the item of value was or is to be rendered which were not or will not be A. manages capital contributions of received;] in connection with or related to the $100 million or more, at least $75 [(iii) the relationship between the offering.] million of which has been committed by services provided or to be provided for (B) Securities of the issuer acquired by persons that are not underwriters or which the item of value was or is to be the underwriter and related persons related persons; or received and:] before the filing date of a public offering B. manages capital contributions of [a. the nature of the item of value;] will be considered to be received for $25 million or more, at least 75% of

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(excluding any entities qualified under unit and the terms are no more favorable (ii) Investments In and Loans to paragraph (c)(4)(D)(i) above): than the terms of the public unit.] Certain Issuers—Securities of the issuer 1. have not, in the aggregate, An underwriter and related person purchased in a private placement or purchased or received as placement may not receive a security (including received as compensation for a loan or agent compensation more than 20% of securities in a unit) or a warrant for a credit facility more than 90 days before the total offering; and security as underwriting compensation the filing date of the public offering, by 2. have purchased securities that were in connection with a public offering certain entities if: at the same price and with the same unless: (i) the security received or the a. the entity: security underlying the warrant received 1. manages capital contributions or terms as the securities purchased by is identical to the security offered to the loan commitments of at least $50 other investors; and public or to a security with a bona fide million; d. the member maintains and enforces 2. is a separate and distinct legal written procedures reasonably designed independent market; or (ii) the entity from the member and is not to ensure that its participation in the arrangement, upon good cause shown, registered as a broker/dealer; public offering will not be contingent on is permitted by the Association. 3. does not participate directly in its participation in the private (B) [s] Securities that are not options, investment banking fees received by the placement. warrants or convertible securities shall member for underwriting public (iv) Purchases Under a preemptive be valued on the basis of: offerings; Right—Securities of the issuer under a (i) the difference between [the per 4. is engaged primarily in the business right of preemption if: security cost and]: of making investments in or loans to a. the right of preemption was granted a. either the market price per security private or start-up companies or either: on the date of acquisition, [where a] or, companies in the early process of 1. by contract or the terms of the if no bona fide independent market developing products or services, or security in connection with a purchase exists for the security, [or] the [proposed participating in leveraged buy-out from a private placement of the issuer’s (and actual)] public offering price per transactions; and securities made more than 180 days security; and b. institutional investors beneficially before the filing date of the public b. the per security cost; own at least 33% of the total number of offering; or (ii) multiplied by the number of the issuer’s equity securities outstanding 2. in connection with a security securities received or to be received as on a fully diluted basis; purchased from a public offering or the underwriting compensation; c. an institutional investor is a public market; and (iii) divided by the public offering member of the issuer’s board of b. the purchase under the right of proceeds; and directors; preemption: (iv) multiplied by one hundred d. the transaction was approved by a 1. was exercised in connection with a [(100)]. majority of the issuer’s board of private placement of the issuer’s (C) [o] Options, warrants or directors and by the affirmative vote of securities that was for cash; convertible securities (‘‘warrants’’) shall institutional investors that are board 2. was to all similar preemptive right be valued on the basis of [the following members; holders; formula]:

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(i) the [proposed (and actual)] public h. has anti-dilution terms designed to [However, securities deemed to be offering price per security multiplied by provide for the receipt or accrual of cash underwriting compensation may be .65 [(65%)]; dividends prior to the exercise or transferred to any member participating (ii) minus the difference between: conversion of the security[;or]; in the offering and the bona fide officers a. the exercise or conversion price per [i. is convertible or exercisable or or partners thereof and securities which [security] warrant; and otherwise is on terms more favorable are convertible into other types of b. either the market price per security than the terms of the securities being securities or which may be exercised for on the date of acquisition, [where a] or, offered to the public;] the purchase of other securities may be if no bona fide independent market (ix)–(x) No change. so transferred, converted or exercised if exists for the security, [or] the [proposed [(xi) stock numerical limitation. The all securities so transferred or received (and actual)] public offering price per receipt by the underwriter and related remain subject to the restrictions security; persons of securities which constitute specified herein for the remainder of the (iii) divided by two [(2)]; underwriting compensation in an initially applicable time period;] (iv) multiplied by the number of aggregate amount greater than ten (10) [(ii) certificates or similar instruments securities underlying the warrants[, percent of the number or dollar amount representing securities restricted options, and convertible securities of securities being offered to the public, pursuant to subparagraph (i) above shall received or to be received as which is calculated to exclude:] bear an appropriate legend describing underwriting compensation]; [a. any securities deemed to constitute the restriction and stating the time (v) less the total price paid for the underwriting compensation; period for which the restriction is [securities] warrants; b. any securities issued or to be issued operative;] and (vi) divided by the public offering pursuant to an overallotment option;] [(iii)] (ii) securities [to be] received by proceeds; and [c. in the case of a ‘‘best efforts’’ a member as underwriting (vii) multiplied by one hundred offering, any securities not actually sold; compensation shall only be issued to a [(100)]. and] member participating in the offering and (D) [a lower value equal to 80% and [d. any securities underlying the [bona fide] officers or partners 60% of the calculated value shall be warrants, options, or convertible thereof. assigned if securities, and where securities which are part of the (B) [The provisions of] relevant, underlying securities, are or proposed offering, except where Notwithstanding subparagraph (A) will be restricted from sale, transfer, acquired as part of a unit;] [notwithstanding] above, the following assignment or other disposition for a (xii)–(xiv) Renumbered (xi)-(xiii). shall not be prohibited: period of one and two years, (C) In the event that the underwriter (i) the transfer of any security: respectively, beyond the one-year and related persons receive securities a. by operation of law or by reason of period of restriction required by deemed to be underwriting reorganization of the issuer [shall not be subparagraph (7)(A)(i) below.] A lower compensation in an amount prohibited.]; value equal to 10% of the calculated [constituting] that results in unfair and b. to any member participating in the value shall be assigned for each 180-day unreasonable compensation [pursuant offering and the officers or partners period that the securities or underlying to the stock numerical limitation in thereof, if all securities so transferred securities are restricted from sale or subparagraph (B)(ix) above], the remain subject to the restrictions in other disposition beyond the 180-day recipient shall return any excess subparagraph (A) above for the period of restriction required by securities to the issuer or the source remainder of the applicable time period; subparagraph (c)(7)(A)(i) below. The from which received at cost and without [(C) Venture capital restrictions. transfers permitted by subparagraphs recourse, except that [in exceptional and When a member participates in the (c)(7)(B)(i)(c) and (d) are not available unusual circumstances], upon good initial public offering of an issuer’s for the sale of such securities. cause show, a different arrangement securities, such member or any officer, may be permitted. director, general partner, controlling (6) Unreasonable Terms and shareholder or subsidiary of the member Arrangements (7) Restrictions on Securities or subsidiary of such controlling (A) No change. (A) [No member or person associated shareholder or a member of the (B) Without limiting the foregoing, the with a member shall participate in a] immediate family of such persons, who following terms and arrangements, Any public offering in which [does not] beneficially owns any securities of said when proposed in connection with [the a member or person associated with a issuer at the time of filing of the distribution of] a public offering of member participates must comply with offering, shall not sell such securities securities, shall be unfair and the following requirements: during the offering or sell, transfer, unreasonable: (i) any common or preferred stock, assign or hypothecate such securities for (i)–(vii) No change. options, warrants, and other equity ninety (90) days following the effective (viii) the receipt by the underwriter securities [deemed to be underwriting date of the offering unless:] and related persons of underwriting compensation], including debt securities [(i) the price at which the issue is to compensation consisting of any option, convertible to or exchangeable for equity be distributed to the public is warrant or convertible security [which] securities, of the issuer beneficially established at a price no higher than that: owned by an underwriter and related that recommended by a qualified a.–f. No change. person at the time of effectiveness of the independent underwriter who does not g. has anti-dilution terms designed to public offering shall not be sold, beneficially own 5% or more of the provide the underwriter and related transferred, assigned, pledged or outstanding voting securities of the persons with disproportionate rights, hypothecated by any person, except as issuer, who shall also participate in the privileges and economic benefits which provided in subparagraph (B) below, for preparation of the registration statement are not provided to the purchasers of the a period of [(a) one year] 180 days and the prospectus, offering circular, or securities offered to the public (or the immediately following the effective date similar document and who shall public shareholders, if in compliance of the public offering [for which the exercise the usual standards of ‘‘due with subparagraph (5)(A) above); or securities were received.]; diligence’’ in respect thereto; or]

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[(ii)] c. if the aggregate amount of such in which an NASD member the broker/dealers) participating in any securities held by [such a member and participates 7 are fair and reasonable. capacity in the proposed public offering, its related persons enumerated above The Rule requires a member to file as well as other non-broker/dealers who would] an underwriter and its related certain information with NASD act as counsel, finders, or consultants, persons do not exceed 1% of the Regulation about the underwriting or are members of the immediate family, securities being offered; or arrangements of a public offering in or are related persons 12 to other persons d. if the class of security qualifies as which the member participates. The in the definition. In order to facilitate an ‘‘actively traded security’’ for Corporate Financing Department the following discussion, participating purposes of SEC Regulation M as of the (‘‘Department’’) of NASD Regulation broker/dealers and their associated date of effectiveness of the public reviews this information prior to persons, affiliates, and related persons offering; and commencement of the offering in order are together referred to as ‘‘members.’’ (ii) the exercise or conversion of any to determine whether the underwriting (2) Calculating Underwriting security, if all securities received remain compensation and other terms and Compensation subject to the restrictions in arrangements meet the requirements of subparagraph (A) above for the applicable NASD rules.8 The Corporate Financing Rule remainder of the applicable time period. The Corporate Financing Rule currently provides in paragraph (c)(4) (8) Conflicts of Interest. No change. regulates, among other matters, the total that any item of values as set forth in amount of underwriting compensation Rule 2710(c)(3)(A), including certain (d) Exemptions that the ‘‘underwriter’’ and related securities of the issuer,13 acquired by Pursuant to the Rule 9600 Series, the persons 9 may receive in connection the underwriter and related persons Association may exempt a member or with a public offering. The term within the 12-month period before the person associated with a member from ‘‘underwritten and related persons’’ filing date of a proposed public offering the provisions of this Rule for good includes all broker/dealers (and the will be examined by the Department to cause shown. associated persons 10 and affiliates 11 of determine whether it was acquired ‘‘in * * * * * connection with the public offering’’ of 1933, as amended. The term public offering shall and therefore, is deemed to be II. Self-Regulatory Organization’s exclude exempted securities as defined in Section underwriting compensation. The Rule Statement of the Purpose of, and 3(a)(12) of the Act.’’ This definition of ‘‘public presumes that any such item of value Statutory Basis for, the Proposed Rule offering’’ also applies to Rule 2710. 7 Rule 2710(a)(4) defines ‘‘participation’’ or acquired within the six-month period Change ‘‘participating in a public offering’’ as before filing is underwriting In its filing with the Commission, ‘‘participation in the preparation of the offering or compensation, but this presumption other documents, participation in the distribution may be rebutted by the member based NASD Regulation included statements of the offering on an underwritten, non- concerning the purpose of, and basis for, underwritten, or any other basis, furnishing of on information satisfactory to the the proposed rule change and discussed customer and/or broker lists for solicitation, or Department.14 any comments it received on the participation in any advisory or consulting capacity The Corporate Financing Rule to the issuer related to the offering, but not the currently requires in paragraphs proposed rule change. The text of these preparation of an appraisal in a savings and loan statements may be examined at the conversion or a bank offering or the preparation of (c)(4)(C) and (D) that the Department places specified in Item IV below. a fairness opinion pursuant to SEC Rule 13e–3.’’ weigh as many as ten different factors to NASD Regulation has prepared 8 Rule 461(b)(6) under the Securities Act of 1933, determine whether the item of value summaries, set forth in Sections A, B, as amended, provides that the Commission may received by the underwriter and related refuse to accelerate the effective date of an offering persons within the 12-month period and C below, of the most significant if the ‘‘NASD has not issued a statement expressing aspects of such statements. no objections to the compensation and other before the filing date of a public offering arrangements.’’ See 17 CFR 230.461(b)(6). is received ‘‘in connection with the A. Self-Regulatory Organization’s 9 Rule 2710(a)(6) defines ‘‘underwriter and related public offering’’ and, therefore, included Statement of the Purpose of, and persons’’ as ‘‘underwriters, underwriter’s counsel, in the calculation of underwriting Statutory Basis for, the Proposed Rule financial consultants and advisors, finders, members of the selling or distribution group, any compensation. In many cases, an Change member participating in the public offering, and 1. Purpose any and all other persons associated with or related or member or who has the power to direct the to and members of the immediate family of any of management or policies of the company and/or (a) Current Corporate Financing Rule the aforementioned persons.’’ member. The Department’s long-standing practice is 10 Article I, paragraph (ee) of the NASD By-Laws to deem any company or member that comes within (1) Scope of the Corporate Financing defines ‘‘associated person of a member’’ as ‘‘(1) any these presumptions to be an affiliate.’’ Rule natural person registered under the Rules of the 12 In SR–NASD–01–19, the NASD stated that Association; or (2) a sole proprietor, partner, officer, ‘‘[t]he concept of whether the person is ‘related to’ NASD Conduct Rule 2710 (‘‘Corporate director, or branch manager of a member, or a any of the enumerated persons in the definition is Financing Rule’’ or ‘‘Rule’’) is intended natural person occupying a similar status or determined by whether there is an investment or performing similar functions, or a natural person business relationship between the parties an is to ensure that the underwriting terms engaged in the investment banking or securities based on objective facts.’’ See Securities Exchange 6 and arrangements of a public offering business who is directly or indirectly controlling or Act Release No. 29928 (Nov. 12 1991), 56 FR 58257 controlled by a member, whether or not any such (Nov. 18, 1991). 6 Rule 2720(b)(14) defines ‘‘public offering’’ as person is registered or exempt from registration 13 The term ‘‘issuer’’ is defined in Rule 2710(a)(2) ‘‘any primary or secondary distribution of securities with the NASD under the By-Laws or the Rules of to include ‘‘[t]he issuer of the securities offered to made pursuant to a registration statement or the Association.’’ the public, any selling security holders offering offering circular including exchange offers, rights 11 For purposes of Rules 2710 and 2720, Rule securities to the public, any affiliate for the issuer offerings, offerings made pursuant to a merger or 2720(b)(1) provides that an ‘‘affiliate’’ or selling security holder, and the officers or general acquisition, straight debt offerings, offerings presumptively includes ‘‘(1) a company that partners, directors, employees and security holders pursuant to SEC Rule 504, and all other securities beneficially owns 10 percent or more of the thereof.’’ distributions of any kind whatsoever, except any outstanding voting securities of a member; (2) a 14 Rule 2710(c)(4)(B) provides that items of value offering made pursuant to an exemption from member that beneficially owns 10 percent or more received more than 12 months before the filing date registration under Sections 4(1), 4(2), or 4(6) of the of the outstanding voting securities of a company; of the public offering are presumed not to be Securities Act of 1933, as amended, or pursuant to and (3) a company and a member that are under the underwriting compensation unless the staff has SEC Rule 504 if the securities are ‘‘restricted common control of a person or company who satisfactory information supporting a conclusion securities’’ under SEC Rule 144(a)(3), SEC Rule 505, beneficially owns 10 percent or more of the that the item is additional underwriting or SEC Rule 506 adopted under the Securities Act outstanding voting securities of the company and/ compensation.

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19414 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices underwriter or related person has (4) Limitation on Amount of Securities offering. In addition, the proposed rule acquired unregistered equity Rule 2710(c)(6)(B)(xi) limits the change would clarify a member’s 15 securities of the issuer. Members amount of securities that can be obligation to update previously filed typically acquire these unregistered received by the underwriter and related information. securities as an investment in a private persons as underwriting compensation (2) Treatment of Securities As placement, as compensation for the to 10% of the number of securities to be Underwriting Compensation member’s services as private placement sold in the public offering (‘‘stock agent, or for providing a loan or credit numerical limitation’’). (i) Six-Month Pre-Offering Objective facility to the issuer. Test The Rule requires the staff to consider (b) Changes in the Capital Markets The proximity of an acquisition of the following factors—as well as ‘‘any In recent years, many NASD members equity securities of an issuer (or any other relevant factors and have expanded the variety of services other item of value) to filing date of its circumstances’’—to determine whether that they provide to their corporate public offering has proven to be the securities have been received in financing clients. These services may most significant factor in determining connection with the public offering: include venture capital investment, whether those securities constitute • The length of time between the date consulting, commercial lending, and underwriting compensation. The of the receipt of the security and the investment banking. Moreover, the pace Department has found that the filing date; of corporate financing activities has application of the six-month • Details of any services provided; accelerated, and the time period presumption contained in the Rule • The presence or absence of arm’s between private fundraising and the generally minimizes the opportunity for length bargaining; issuer’s initial public offering has often abusive practices by members. • The disparity between the price been shortened. These developments Application of a longer time period has paid for a security and the proposed necessitate a review of the Corporate typically been unnecessary to achieve public offering price; Financing Rule to ensure that it this goal. • The existence of restrictions on accommodates the modern, legitimate NASD Regulation proposes to amend exercise and resale; capital financing activities of NASD the Corporate Financing Rule to provide • The nature of the securities; members, while continuing to protect greater clarity and predictability • The amount of securities; and investors and issuers from unreasonable regarding whether equity securities 17 of • The relationship of the receipt of underwriting activities. the issuer and other items of value securities to purchases by other The current subjective, factor- acquired by the underwriter and related unrelated purchasers. weighing process for determining persons constitute underwriting The factor-weighing process requires whether securities were acquired in compensation. The proposed rule the staff to review each acquisition of connection with a public offering is an change would replace the twelve-month the issuer’s securities by members on a inefficient method to achieve these review period, the six-month case-by-case basis. The value of any objectives. The subjectivity hampers the presumption, and the subjective review securities that the Department Department’s ability to provide clear factors with an objective standard in determines are underwriting and predictable guidance to members. Rule 2710(c)(4)(A) under which all compensation, as calculated under Rule The consequences under the Rule of a items of value acquired during the 180- 2710(c)(5), is added to the underwriting particular venture capital or other day period immediately preceding the discount or commission and any fees or private placement financing are filing date of the registration statement reimbursements received by sometimes uncertain until a public or similar document and at the time of underwriting syndicate to determine offering is filed and the Department’s the public offering will constitute whether the compensation is unfair or review is completed. This uncertainty underwriting compensation. The unreasonable. unnecessarily complicates the capital- proposed rule change would also provide four safe harbors from this (3) Restrictions on Resale raising process, to the detriment of issuers and investors. general standard.18 These safe harbors Securities included in the calculation are described below. of underwriting compensation are also (c) Description of Proposed Rule Change Replacement of the existing subjective restricted by the Rule from sale for one (1) Summary of Proposed Rule Change analysis with an objective, bright-line test would provide greater clarity and year following the effective date of the NASD Regulation proposes to amend predictability concerning application of offering under Rule 2710(c)(7)(A) the Corporate Financing Rule to allow the Rule to specific transactions. (‘‘compensation lock-up’’). In the case of members to provide legitimate capital- Consequently, members and their an initial public offering, if the members raising services to issuers, while venture capital and lending affiliates and certain senior persons and adopting restrictions that are designed should find it easier to determine at the subsidiaries of the member hold to minimize the opportunity for abusive time of a private placement or other securities of the issuer that are not practices by members. NASD Regulation financing whether their investment will deemed to be underwriting also proposes to eliminate or revise be treated as underwriting compensation, a 90-day lock-up is other burdensome and obsolete nonetheless imposed under Rule provisions, including rules regulating 17 The proposed rule change would clarify that 2710(c)(7)(B) (‘‘venture capital lock- the exercise price of warrants received up’’).16 the securities that will be considered to be as underwriting compensation and the underwriting compensation include common or treatment of fees paid to a previous preferred stock, options, warrants, and debt 15 Securities purchased in the public market are securities convertible to or exchangeable for equity not considered to be ‘‘items of value.’’ underwriter for an uncompleted securities. 16 The venture capital lock-up only applies to 18 Regardless of when an underwriter or related securities of the issuer held by the member, or any of such persons. In comparison, the compensation person acquires securities of the issuer, or the officer, director, general partner, controlling lock-up applies to all securities considered to be availability of any safe harbor, all securities held by shareholder or subsidiary of the member, or by a underwriting compensation that are held by the the underwriter and related persons are proposed subsidiary of a controlling shareholder of the underwriter and related persons, as defined by Rule to be subject to a lock-up on their sale, as described member, or by a member of the immediate family 2710(a)(b) below.

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19415 compensation when the subsequent (1) Legal Entity/Registration (B) Safe Harbor No. 2—Investments in public offering is filed with the and Loans to Certain Issuers Department for review. The related entity would have to be a legal entity that is separate and distinct The second safe harbor, proposed in (ii) Safe Harbor Provisions from the member and not registered as Rule 2710(c)(4)(E)(ii), is intended for a broker/dealer. The term ‘‘entity’’ acquisitions of securities of issuers that NASD Regulation proposes four safe would be defined in new Rule have significant institutional investor harbors from the determination that 2710(c)(4)(D)(i) to include a group of involvement in their corporate certain acquisitions of securities during legal entities that either are governance. The proposed safe harbor the 180-day review period are deemed contractually obligated to make co- would be available for acquisitions by to be underwriting compensation.19 The qualifying related entities: (1) in a investments and have previously made four safe harbors are intended to private placement; and (2) as at least one such investment or have identify acquisitions that occur in bona compensation for a loan or credit filed a Schedule 13D or 13G with the fide capital-raising transactions and facility, with a limitation on the amount SEC that identifies the entities as would impose restrictions designed to acquired. members of a group who have agreed to minimize the opportunity for abusive act together for the purpose of acquiring, (1) 5% Limitation on Acquisition practices. holding, voting or disposing of equity The total amount of securities The First three safe harbors in securities of an issuer for purposes of proposed Rule 2710(c)(4)(E)(i)–(iii), acquired by all entities that are related Section 13(d) or 13(g) of Act. to a single member could not exceed 5% would be available for acquisitions by of the issuer’s outstanding equity certain entities that regularly make (2) Venture Capital/Fiduciary Duty securities, on a fully diluted basis. The venture capital investments; for The related entity must also be 5% limitation would apply on a acquisitions in issuers with significant ‘‘primarily engaged in the business of member-by-member basis when more institutional investor involvement in making investments in or loans to than one member proposes to rely on their corporate governance; and for private or start-up companies or this safe harbor. acquisitions in private placements that companies in the early process of (2) Related Entity Qualifications have significant institutional investor developing products or services, or participation. The fourth safe harbor in participating in leveraged buy-out The related entity would have to Rule 2710(c)(4)(E)(iv) would exempt transactions.’’ The related entity can manage capital contributions and loan acquisitions that occur from the exercise make investments or loans that are commitments of at least $50 million. of a preemptive right to purchase. under the safe harbor only if they are Unlike the first safe harbor, there would The first three safe harbors would be subject to the evaluation and review of not be a requirement that the entity available only for acquisitions that individuals who have a contractual or manage third-party capital occur more than 90 days before the fiduciary duty to select investments and contributions. The related entity would filing date of the public offering. These loans based on the risks and rewards to also have to be a separate legal entity safe harbors would also require that the the related entity and not based on and not registered as a broker/dealer; member maintain and enforce written opportunities for the member to earn could not participate directly in the procedures reasonably designed to investment banking revenues. member’s investment banking fees; and ensure that the member’s participation would have to be primarily engaged in in the public offering is not contingent (3) Sharing in Investment Banking Fees the business of making venture capital investments. on the acquiring party’s participation in The related entity could not the private placement or loan. participate directly in investment (3) 33% Institutional Investor (A) Safe Harbor No. 1—Purchases And banking fees received by the member for Ownership Loans By Certain Entities underwriting public offerings. The proposed safe harbor would require that institutional investors The first safe harbor, proposed in Rule (4) Captil Under Management beneficially own at least 33% of the 2710(c)(E)(i), is intended for The related entity would have to total number of the issuer’s equity acquisitions of the issuer’s securities by either (1) manage capital contributions securities outstanding on a fully diluted certain entities that routinely make of $100 million or more, at least $75 basis. The term ‘‘institutional investor’’ venture capital investments or provide million of which has been committed by would be defined in Rule loans or credit facilities. The safe harbor persons that are not underwriters or 2710(c)(4)(D)(ii) to include any would be available (1) To any qualifying related persons; or (2) manage capital individual or entity (including a group entities related to any member contributions of $25 million or more, at of legal entities as proposed to be participating in an offering; (2) for least 75% of which has been committed defined in Rule 2710(c)(4)(D)(i)) that has purchases in a private placement and by persons that are not underwriters or at least $50 million invested in for the receipt of securities as related persons.20 The requirement for securities in the aggregate in its compensation for a loan or credit significant third-party capital would portfolio or under management and is facility; and (3) without any limitation protect against potentially abusive not (1) a member participating in the on the amount of securities purchased situations, as the related entity must public offering; (2) any of the member’s or received. make its investment or lending decision associated or affiliated persons; or (3) an in the interest of investors who are not immediate family member of any 19 The Department will maintain its authority underwriters or related persons. associated or affiliated person of the under the Rule 9600 Series to grant exemptions on member.21 a case-by-case basis from the determination that certain securities are deemed to be underwriting 20 In both instances, such third-party capital compensation. The Department expects to exercise commitments could come from members and their 21 An institutional investor could be a member, or this authority sparingly and only in exceptional and associated and affiliated persons, so long as those a person associated or affiliated with a member, that unusual circumstances. members do not participate in the public offering. is not participating in the public offering.

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(4) Participation on and Vote of Board (3) 51% Institutional Investor and terms of the securities purchased of Directors Participation must be she same as that for all other At least one of those institutional Institutional investors would have to investors in the private placement; and investors would have to serve as a purchase at least 51% of the total (4) the purchaser may not, through the member of the issuer’s board of offering.25 In addition, an institutional exercise of its preemptive rights, increase its ownership of the same class directors and the transaction would investor would have to be the lead of securities of the issuer. have to be approved by a majority of the negotiator with the issuer to establish issuer’s board of directors and by an the terms of the private placement. This (iii) Calculation of the 180-Day Review affirmative vote of the institutional requirement would not prevent an Period underwriter or related person from investors that are board members. The 180-day review period and the participating in the negotiation of the 90-day safe harbor period are proposed (C) Safe Harbor No. 3—Private terms of the private placement. Placements with Institutional Investors to be calculated from the filing date of (D) Safe Harbor No. 4—Purchases a public offering with the appropriate The third safe harbor, proposed in Under a Preemptive Right regulatory authority in order to provide Rule 2710(c)(4)(E)(iii), is intended for a readily identifiable standard. acquisitions in private placements with The fourth safe harbor, proposed in Rule 2710(c)(4)(E)(iv), is intended for Consistent with existing Department significant institutional investor practice, the ‘‘filing date’’ for purposes participation. The safe harbor would be any acquisition of the issuer’s securities by any underwriter or related person of this calculation would be the earlier available for purchases of securities in of the date of filing with the SEC, state a private placement and for the receipt that is made pursuant to a right of preemption, whether that preemptive securities commission, or other of securities as placement agent regulatory authority, or the date of filing compensation. right was granted by contract, by the terms of the securities, or by applicable with the Association. Thus, if an (1) 20% of Total Offering Limitation law.26 Purchases pursuant to a right of offering is filed with the SEC before it is filed with the NASD, the ‘‘filing date’’ The underwriter and related persons preemption generally do not raise the sorts of concerns that the Rule was will be the SEC filing date. In addition, could not, in the aggregate, acquire more offerings submitted to the SEC for than 20% of the ‘‘total offering’’. The designed to address because they are based on a purchase right granted to the review on a confidential basis will be ‘‘total offering’’ would be defined to considered filed with the SEC as of the consist of the total number of securities, purchaser in a prior investment. The right of preemption merely protects the date of the confidential submission for on a fully diluted basis, sold in the purposes of Rule 2710. private placement and received as purchaser from dilution when the placement agent compensation by a company issues additional securities. (iv) Determination of when Securities member.22 The 20% calculation would (1) Requirements Applicable to are Considered ‘‘Received’’ exclude purchases by those affiliates Acquisition of Preemptive Right The purposed rule change would and other related persons of a member If the security with a preemptive right adopt Rule 2710 (c)(4)(B) to clarify that would be qualified to acquire when securities will be considered to be was acquired from a private placement, securities of the issuer under the first ‘‘received’’ under the Rule for purposes the private placement would have to safe harbor. of the 180-day review period under Rule occur more than 180 days before the 2710(c)(4)(A) and the 90-day safe harbor (2) Same Terms and Price filing date of the public offering. If the period under Rule 2710(c)(4)(E). security with a preemptive right was All securities purchased by the Securities purchased from or received as acquired from the public market or from underwriter and related persons from compensation for a private placement a public offering, there would be no the private placement must have the will be deemed to have been received limitation on when the security must same terms 23 and be purchased at the on the date of the closing of the private have been purchased, i.e., the security same price 24 as securities purchased by placement.27 Securities received as could have been purchased less than the other investors. compensation for a loan or credit 180 days before the subsequent public facility will be deemed to have been 22 For example, if the private placement consists offering is filed. received on the date the loan or credit of 100,000 shares of common stock and the issuer facility agreement is executed. pays placement agent compensation to a member (2) Requirements Applicable to that includes a warrant for 10,000 shares of Purchase under the Preemptive Right Securities received for consulting common stock, the total offering is 110,000 shares Under the safe harbor: (1) the right of services to the issuer will be deemed to of common stock. The acquisition by the preemption must be exercised in have been received on the date that underwriter and related persons that are not beneficial ownership of the securities is qualified to purchase under the first safe harbor connection with a private placement of could not exceed 22,000 shares of common stock. the issuer’s securities for cash; (2) the transferred to the consultant. These Of these 22,000 shares, 10,000 shares would be private placement must be to all similar proposals are consistent with existing accounted for by the warrant and up to 12,000 Departmental practice. shares could be purchased as an investment. preemptive right holders; (3) the price 23 A security would be considered to have the (v) 90-Day Post-Offering Objective Test same terms if it is a security of the same class with 25 In the example provided above, institutional the same rights as the security sold to other investors must purchase at least 56,100 shares of Rule 2710(c)(4)(A) permits the staff to investors. Thus, in a unit offering, the unit the total offering of 110,000. See supra, n.22. examine items of value received purchased by a member must be composed of the 26 The Corporate Financing rule does not prohibit ‘‘subsequent to the public offering’’ to same number and type of securities and any a member from exercising a preemptive right to determine whether the items of value exerciseable security within a unit must have the purchase securities from the issuer’s public are considered to be underwriting same exercise price as the exerciseable security offering. However, such purchases by members, within the unit purchased by other investors. their associated and related persons, and affiliates compensation in connection with the 24 If the purchasing member is also acting as are regulated by SEC Regulation M and the NASD’s placement agent, purchases by the member at a Free-Riding and Withholding Interpretation, IM– 27 The Department relies on the closing date price that is net of the commission it receives for 2110–1. See also Securities Exchange Act Release rather than the date of a commitment letter because sales to the other investors will be considered to be No. 42325 (Jan. 10, 2000), 65 FR 2656 (Jan. 18, a commitment letter does not transfer beneficial ‘‘at the same price’’ for purposes of this provision. 2000). ownership of the securities.

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Special role for a broker/dealer were a as the transferred securities remain In order to provide greater clarity basic concern discussed at length in the subject to any remaining lock-up period; concerning the extent of the Report of the Special Study of the • Transfers if a member and its ‘‘subsequent’’ time period, the proposed Securities Markets of the Securities and related persons do not, in the aggregate, rule change would replace this language Exchange Commission issued in 1963 own more than 1% of the securities with new Rule 2710(c)(4)(C), under (‘‘Special Study’’).28 In the testimony being offered; and • which items of value received within underlying the Special Study, industry The exercise of securities, so long as the 90-day period immediately members also stated that sales of an the exercised securities remain subject following the effective date of a public underwriter’s private placement to any remaining lock-up period. offering would be examined to investments in an issuer shortly after In addition, secondary offerings of determine whether they constitute the completion of an offering creates a securities would be able to rely on an underwriting compensation. negative appearance as the member has exception for transfers of securities that previously recommended the purchase qualify as an ‘‘actively traded security’’ (vi) Valuation of Warrants of the security to its customers. for purposes of SEC Regulation M as of Rule 2710(c)(6)(B)(viii)(i) provides the date of effectiveness of the public that any option, warrant or convertible (ii) Background—Venture Capital Lock- offering.30 securities received by the underwriter Up The proposal would eliminate the and related persons as underwriting The venture capital lock-up was existing exception in Rule compensation may not be convertible or intended to address similar potentials 2710(c)(7)(C)(i) from the venture capital exercisable on terms more favorable for abuse in the context of an initial lock-up for transactions in which a than the terms of the securities being public offering, by imposing a lock-up qualified independent underwriter offered to the public. The provision, restriction that prohibits the sale of any provides a pricing opinion and performs therefore, prohibits members from of the issuer’s securities (not just those due diligence. The exception does not receiving compensation in the form of considered to be underwriting adequately address the potential warrants that have an exercise price compensation) held by a member and negative impact of immediate sales of below the proposed public offering certain senior persons and subsidiaries members’ securities into the after- price. at the time of the offering and for 90 market of an initial public offering or of The Rule requires that the warrants be days thereafter. The venture capital securities with a thinly traded market valued, that they be included in the lock-up does provide exceptions for de nor the conflicts-of-interest present calculation of the underwriting minimis transactions and transactions in when an underwriter is also a selling compensation, and that they be subject which a qualified independent securityholder. to the Rule’s compensation provisions. underwrither 29 provides due diligence The proposed 180-day lock-up would Therefore, the requirement that and a pricing opinion. address the concerns discussed in Part 1, Chapter IV of the Special Study members revise the exercise price of (iii) Proposed 180-Day Lock-Up their warrants seems unnecessary and related to the disposition of securities Rule 2710(c)(6)(B)(viii)(i) is proposed to NASD Regulation understands that it considered underwriting compensation. be deleted. is common industry practice to impose The Special Study did not focus on a The proposed rule change would a 180-day lock-up on the securities of particular time period that was amend Rule 2710(c)(5)(A), which the issuer held by certain officers and appropriate for such a lock-up, but note prohibits the payment of underwriting directors of the issuer. Consistent with with approval testimony that compensation in the form of securities this industry practice, NASD Regulation underwriting compensation securities that are not identical to those offered to proposes to amend Rule 2710(c)(7)(A) were held by underwriters for some the public or to a security that has a and delete Rule 2710(c)(7)(C) to impose time period after the initial public bona fide independent market, in order a 180-day lock-up on all equity offering and the practice of one broker/ to clarify the application of this securities of the issuer held by the dealer that imposed a minimum six- 31 prohibition. underwriter and related persons at the month holding period. time of effectiveness of the public The discussion in the Special Study (3) Restrictions on Resale of Securities offering. Securities purchased from the expressed concern regarding the As discussed above, the Corporate public market would not be subject to opportunities for fraud and Financing Rule currently imposes a one- the lock-up. The new 180-day lock-up manipulation in the after-market of a year compensation lock-up on securities would replace the one-year company’s initial public offering when that constitute underwriting compensation lock-up and the 90-day a member is an underwriter, actively compensation or, in the case of an venture capital lock-up. It would apply trades the securities, and is a selling initial public offering, a 90-day venture to both initial public offerings’’ and to securityholder, stating that the capital lock-up on all securities held by secondary offerings, subject to the underwriter may be placed ‘‘in members and certain senior persons and following exceptions in amended Rule situations where its duties and subsidiaries. 2710(c)(7)(B) for: obligations to the issuer’s stockholders, • Transfers of otherwise restricted its own customers, and the general (i) Background—Compensation Lock-Up securities that occur by operation of law investing public may come into conflict. The compensation lock-up was adopted primarily to protect the 28 Report of the Special Study of the Securities 30 Under SEC Regulation M, a security is aftermarket in a new security from the Markets of the Securities and Exchange considered to be an ‘‘actively traded security’’ if it Commission, 88th Cong., 1st Session, House has at least $1 million average daily trading volume potential for fraud and manipulation Document No. 95, Part 1, Chapter IV. and $150 million public float value. 17 CFR 242.100 that exists when a member is an 29 The term ‘‘qualified independent underwriter’’ through 242.105. underwriter, actively trades the is defined in NASD Rule 2720(b)(15). 31 Special Study, at 541–542.

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* * *’’ 32 NASD Regulation believes it rely on the exceptions from the 180-day (5) Other Amendments 35 is appropriate to extend the protections lock-up for de minimis sales and sales (i) Types of Securities Considered to be intended for the after-market of an of an ‘‘actively traded security.’’ Items of Value initial public offering to secondary However, the other exceptions would be NASD Regulation proposes to amend offering of securities that do not have a available. sufficiently liquid market to address Rule 2710(c)(3)(vii) to make non- these conflicts-of-interest and to apply (v) Restrictive Legend substantive amendments to the the lock-up to all equity securities of the description of the types of equity The proposed rule change would issuer held by underwriters and related securities that are considered items of persons. This category of persons would delete Rule 2710(c)(7)(A)(ii), which value to be included in the calculation include broker/dealers that are requires that certificates representing of underwriting compensation. any security subject to a lock-up bear a participating in the public offering and (ii) Exclusions From the Calculation of restrictive legend describing the lock- all of the broker/dealer’s associated, Underwriting Compensation affiliated, and related persons.33 up. NASD Regulation understands that The proposed exception for sales of members are required to obtain a CUSIP The proposed rule change would an ‘‘actively traded security’’ will number for the securities subject to the amend Rule 2710(c)(3)(B) to put into permit a member to sell the issuer’s lock-up imposed by the rule that is one place all items of value that will be equity securities during the lock-up different from the number assigned to excluded from the calculation of underwriting compensation. period in the case of a secondary public other securities of the same issue. NASD offering only if the security’s market has Regulation proposes to delete this (A) Payments to a Previous Underwriter sufficient liquidity to decrease the requirement, as it places an unintended Rule 2710(c)(3)(A)(xiii) requires the opportunity for a member to engage in burden on members that is unnecessary. Department to include any fees paid to fraud and manipulation in connection Members would still be required to a previous underwriter that failed to with the sale transaction. As stated by establish appropriate written procedures complete a public offering in the the Commission, ‘‘[t]he costs of pursuant to NASD Rule 3010(b)(1) for calculation of underwriting manipulating such securities generally ensuring compliance with the proposed compensation for a subsequent are high. In addition, because actively- 180-day lock-up. underwriter. This provision is intended traded securities are widely followed by to restrict the total amount of the investment community, aberrations (4) Stock Numerical Limitation compensation paid to all underwriters, in price are more likely to be discovered but it has imposed an unfair restriction and quickly corrected. Moreover, (i) Elimination of Requirement on the compensation of replacement actively-traded securities are generally The proposed rule change would underwriters. Consequently, the traded on exchanges or other organized eliminate the 10% stock numerical proposed rule change would delete this markets with high levels of transparency limitation in Rule 2710(c)(6)(B)(xi) on provision. and surveillance.’’ 34 the amount of securities that The proposed rule change would (iv) Lower Compensation Value for participating underwriters and related further codify this determination in new Longer Lock-Up persons may receive as underwriting Rule 2710(c)(3)(B)(ii) by excluding from In valuing any securities considered compensation. The Rule already the calculation of underwriting to be underwriting compensation, restricts the total value of all items that compensation any payment to a member current Rule 2710(c)(5)(D) permits a a member may receive as compensation, in connection with a proposed public lower valuation when the securities are and Rule 2720 addresses the conflicts- offering that was not completed, if the member does not participate in the subject to a lock-up beyond the one-year of-interest that may arise when a revised offering.36 compensation lock-up period. This member is an affiliate of the issuer. paragraph would be amended to Therefore, the stock numerical (B) Consulting Agreements discount the compensation value of limitation is unnecessary to achieve the The requirements of Rule securities by 10% for each 180-day purposes of the Rule. 2710(c)(4)(E) would be moved to new period that the securities (or underlying (ii) Sales of Securities Considered to be Rule 2710(c)(3)(B)(iii), which would securities) are restricted from sale continue to exclude from the calculation Underwriting Compensation beyond the proposed 180-day lock-up of underwriting compensation any period. payments received under a consulting When a person agrees to such a longer Rule 2710(c)(6)(C) requires that when agreement entered into more than one lock-up in order to obtain a lower the stock numerical limitation has been year before the filing date of the public compensation value for the securities, exceeded, the recipient of the securities offering. the person would not be able to later must return any excess securities to the issuer or the source from which (iii) Members’ Obligation to File 32 Special Study, at 539. received at cost and without recourse. A Information 33 In comparison, the current one-year different arrangement may be permitted Current Rule 2710(b) requires that compensation lock-up only covers those securities by the Association. In light of the deemed to be underwriting compensation and, members file certain documents and therefore, does not restrict the resale of other proposed elimination of the stock securities of the issuer by participating members. numerical limitation, this provision 35 The proposed rule change includes non- Further, the current 90-day venture capital lock-up would be amended to apply to an substantive amendments to Rule 2710 that are only applies in the case of an initial public offering acquisition of securities that results in intended to provide clarity and consistency. and only covers securities held by the member, its 36 NASD Rule 2710(c)(6)(B)(iv) would continue to officers, directors, and certain of its affiliates. The unfair and unreasonable compensation. prohibit payment of any compensation by an issuer 90-day venture capital lock-up, therefore, does not to a member in connection with an offering of apply to secondary offerings and does cover securities that is not completed according to the securities held by other associated, affiliated, and terms of agreement between the issuer and related persons to the member. underwriter, except for reimbursement of out-of- 34 Securities Act Release No. 7375 (Dec. 20, 1996); pocket accountable expenses actually incurred by 62 FR 520 (Jan. 3, 1997). the member.

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19419 other information with the Department Department but for which a ‘‘no 2710 that are pertinent to the proposed in connection with a public offering. objections’’ letter has yet to be issued, rule change.39 The recommendations of The Department must rely on the would be subject to the new TBMA to amend other provisions of adequacy and accuracy of the requirements. In addition, with respect Rule 2710 are under consideration by information filed by members in order to public offerings for which a ‘‘no the Association and are not pertinent to to carry out its regulatory obligations objections’’ letter has been issued at the the proposed rule change. under the rules that apply to public time the amendments are adopted, the TBMA recommends that the offerings of securities. To the extent, one-year compensation lock-up on subjective review factors of Rule therefore, that a member or its counsel securities would be shortened to 180 2710(c)(4)(D) be amended to consider or other agent fails to provide all of the days and members could rely on the whether there is a bona fide business facts necessary for the Department’s exceptions from the 180 day lock-up.37 purpose for an acquisition of review of a public offering, files Upon adoption of the amendments, any securities.40 Rule 2710(c)(4)(D) is inaccurate information, fails to update securities that are subject to the 90-day proposed to be deleted and Rule or correct previously filed information, venture capital lock-up would remain 2710(c)(4)(A) would be amended to or fails to comply with representations subject to that lock-up until it expires, adopt an objective, bright-line test to made to the Department, the member but any person holding such securities include in the calculation of would violate the Rule and NASD could rely on the exceptions from the underwriting compensation all items of Conduct Rule 2110 (the Association’s 180-day lock-up. value received by the underwriter and basic ethical conduct rule). 2. Statutory Basis related persons during the 180-day The proposed rule change would period immediately preceding the filing clarify this obligation of the member in NASD Regulation believes that the of the public offering and during the several respects. First, Rule proposed rule change is consistent with public offering. Thus, the subjective 2710(b)(6)(A)(v) would be amended to the provisions of Section 15A(b)(6) of 38 factor proposed by TBMA is no longer require members to provide the the Act, which requires, among other necessary to the Department’s review of Department with a detailed explanation things, that the Association’s rules be underwriting compensation. and documents related to a modification designed to prevent fraudulent and In addition, TBMA recommends that of any information or representation manipulative acts and practices, to Rule 2710(c)(5)(A) be amended to previously provided to the Association promote just equitable principles of permit the underwriter and related or of any item of underwriting trade and, in general, to protect person to receive as compensation a investors and the public interest. The compensation. Thus, in the event that security different than the security NASD believes that the proposed rule the member (or member’s counsel or offered to the public if there is a change will burdensome rules that no other agent) determines that subsequent reasonable method to value the security longer distinguish between bona fide events have made inaccurate any received.41 The proposed rule change capital-raising and lending practices information or representations would amend Rule 2710(c)(5)(A) to and abusive arrangements and will previously provided to the Department, clarify the current language of the minimize the opportunity for abusive the member must inform the provision, which allows the Department practices by members in connection Department regarding the change. This to permit the underwriter and related with underwriting public offerings of obligation applies regardless of whether person to receive a security that is securities. the change occurs before or after the different than the security offered to the issuance of the Department’s opinion of B. Self-Regulatory Organization’s public and that does not have a bona a ‘‘no objections’’ to the underwriting Statement on Burden on Competition fide independent market, if good cause terms and arrangements. can be shown for the arrangement. One Second, proposed Rule NASD Regulation does not believe of the considerations in permitting such 2710(b)(6)(A)(v)(b) would provide that if that the proposed rule change will result an arrangement would be whether the an underwriter or related person in any burden on competition that is not Department can value the security for receives any additional item of value necessary or appropriate in furtherance compensation purposes. In the absense subsequent to the Department’s issuance of the purposes of the Act. of a bona fide independent market for a of a ‘‘no objections’’ opinion and within C. Self-Regulatory Organization’s security, the decision on whether a 90 days following the offering’s effective Statement on Comments on the security that is different than the date, then the member must provide a Proposed Rule Change Received from security to be offered to the public can detailed explanation and any Members, Participants, or Others be reliably valued is subjective and, documents related to the new Written comments were not solicited therefore, not amenable to codification. arrangement to the Department. on the proposed rule change. However, The proposed rule change would also III. Date of Effectiveness of the delete Rule 2710(b)(6)(iv), as it requires NASD Notice to Members 98–81 requested comment on whether any Proposed Rule Change and Timing for the submission of information NASD rules are obsolete. NASD Commission Action addressing the subjective review factors Regulation received a comment letter Within 35 days of the date of in Rules 2710(c)(4)(C) and (D). As set from The Bond Market Association publication of this notice in the Federal forth above, paragraphs (C) and (D) are (‘‘TBMA’’) that included two Register or within such longer period (i) proposed to be deleted. recommended amendments to Rule as the Commission may designate up to (d) Implementation of Proposed Rule 90 days of such date if it finds such Change 37 For these offerings, the lock-up period would longer period to be appropriate and apply only to securities deemed to be underwriting publishes its reasons for so finding or NASD Regulation proposes to compensation, as required by current Rule implement the proposed rule change 2710(c)(7)(A)(i). Telephone call between Katherine 39 upon approval by the SEC. Any public England, Assistant Director, Division, Commission, Letter dated January 15, 1999, from TBMA, to Sonia Patton, Attorney, Division, Commission, and Joan Conley, Office of the Corporate Secretary, offering filed subsequent to the adoption Suzanne Rothwell, Chief Counsel, Corporate NASD Regulation (‘‘TBMA’’). of the amendments and any public Financing, NASD Regulation (March 28, 2000). 40 TBMA Letter, at 18. offering that had been filed with the 38 15 U.S.C. 78o–3(b)(6). 41 Id.

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(ii) as to which NASD Regulation notice is hereby given that on March 28, A. Self-Regulatory Organization’s consents,42 the Commission will: 2000, the National Association of Statement of the Purpose of, and (A) by order approve such proposed Securities Dealers, Inc. (‘‘NASD’’ or Statutory Basis for, the Proposed Rule rule change, or ‘‘Association’’), through its wholly Change (B) institute proceedings to determine owned subsidiary, the Nasdaq Stock 1. Purpose whether the proposed rule change Market, Inc. (‘‘Nasdaq’’), filed a should be disapproved. proposed rule change with the On January 5, 1999, the Commission IV. Solicitation of Comments Securities and Exchange Commission approved a proposed rule change filed (‘‘SEC’’ or ‘‘Commission’’). The by the NASD to implement the Nasdaq Interested persons are invited to proposed rule change is described in Application.6 The Nasdaq Application submit written data, views, and Items I, II, and III below, which Items permits NASD members and their arguments concerning the foregoing, have been prepared by Nasdaq. On customers to enter large orders in including whether the proposal is March 30, 2000, Nasdaq filed Nasdaq stocks into an anonymous consistent with the Act. Persons making Amendment No. 1 to the proposed rule matching system that has been written submissions should file six change.3 The Exchange filed the designed, developed, and patented by copies thereof with the Secretary, proposed rule change, as amended, OptiMark Technologies, Inc. Securities and Exchange Commission, pursuant to Section 19(b)(3)(A) of the (‘‘OptiMark Match’’) and has been 450 Fifth Street, NW, Washington, DC Act,4 and Rule 19b–4(f)(6) thereunder,5 integrated into Nasdaq’s facilities in 20549–0609. Copies of the submission, which renders the proposed rule change Trumbull, Connecticut. The anonymity all subsequent amendments, all written effective upon filing with the offered by this facility limits the market statements with respect to the proposed Commission. The Commission is impact of trading in larger quantities of rule change that are filed with the publishing this notice to solicit securities and provides NASD members Commission, and all written comments on the proposed rule change, with a new, additional tool to trade communications relating to the as amended, from interested persons. Nasdaq securities more effectively. proposed rule change between the The Nasdaq Application allows NASD Commission and any person, other than I. Self-Regulatory Organization’s members (and if sponsored by NASD those that may be withheld from the Statement of the Terms of Substance of members, customers of such members) public in accordance with the the Proposed Rule Change to enter trading interests, called profiles, provisions of 5 U.S.C. 552, will be into Nasdaq-operated systems where available for inspection and copying in Nasdaq is proposing to extend the pilot period for the Nasdaq application those profiles are collected and matched the Commission’s Public Reference periodically by the OptiMark Match. As Room. Copies of the filing will also be of the OptiMark System (the ‘‘Nasdaq Application’’) for an additional six currently approved, these matches occur available for inspection and copying at no more frequently than every five the principal office of the NASD. All months from April 3, 2000. No changes to the existing rule language are being minutes. In addition to matching submissions should refer to the File No. profiles entered directly into the system, SR–NASD–00–04 and should be proposed. the Nasdaq Application incorporates submitted by May 26, 2000. II. Self-Regulatory Organization’s bids and offers in the Nasdaq Quote For the Commission, by the Division of Statement of the Purpose of, and Montage, creates profiles for such Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule quotes, and includes the quotes in the 43 authority. Change next match. The OptiMark Match then Margaret H. McFarland, attempts to match contra interests at the In its filing with the Commission, Deputy Secretary. best prices and sizes according to the Nasdaq included statements concerning [FR Doc. 00–8876 Filed 4–10–00; 8:45 am] rules of the match process. If the system the purpose of and basis for the BILLING CODE 8010±01±M finds that a quote profile matches proposed rule change, as amended, and another profile, the system sends a discussed any comments it received on message to the market participant (via the proposed rule change. The text of SECURITIES AND EXCHANGE the Nasdaq SelectNet system) seeking to these statements may be examined at COMMISSION trade at the market participant’s quoted the places specified in Item IV below. price or better and at round lot sizes, up [Release No. 34±42618; File No. SR±NASD± Nasdaq has prepared summaries, set 00±14] to the amount quoted by that market forth in Sections A, B, and C below, of participant. Self-Regulatory Organizations; Notice the most significant aspects of such The Commission approved the of Filing and Immediate Effectiveness statements. Nasdaq Application on a pilot basis for of Proposed Rule Change by the a six-month period ending April 3, National Association of Securities 3 See March 30, 2000 letter from Peter R. 2000.7 The Commission’s rationale for Dealers, Inc. Extending the Pilot Geraghty, Assistant General Counsel, Nasdaq, to Rebekah Liu, Special Counsel, Division of Market limiting the period was based partly on Program for the Nasdaq Application of Regulation, SEC (‘‘Amendment No. 1’’). In the perceived need to enhance certain the OptiMark System Amendment No. 1, Nasdaq requested that the aspects of clearing brokers’ capabilities proposed rule change be filed under Section to monitor trading activity occurring in April 4, 2000. 19(b)(3)(A) of the Act and Rule 19b–4(f)(6) Pursuant to Section 19(b)(1) of the thereunder. 15 U.S.C. 78s(b)(3)(A) and 17 CFR the Nasdaq Application. Nasdaq is in Securities Exchange Act of 1934 240.19b–4(f)(6). Nasdaq also requested that the the process of adding new features to Commission waive the 5-day notice of its intent to (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 the Nasdaq Application that address all file the proposal by treating the original proposed of the stated concerns regarding clearing rule change as the prefiling notice required under 42 NASD Regulation has consented to a 90-day Rule 19b–4(f)(6); and requested that the and anonymity, and plans to file with extension of the time period for Commission action. Commission waive the 30-day period before the See Amendment No. 2, supra n. 4. proposal becomes effective to permit the proposed 6 Securities Exchange Act Release No. 41967 43 17 CFR 200.30–3(a)(12). rule change to become immediately effective. (September 30, 1999), 64 FR 54704 (October 7, 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78s(b)(3)(A). 1999)(SR–NASD–98–85). 2 17 CFR 240.19b–4. 5 17 CFR 240.19b–4(f)(6). 7 See supra note 6.

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19421 the Commission a proposed change 19b–4(f)(6) 12 thereunder because the submissions should refer to the File No. reflecting these new features. Because proposed rule change does not (i) SR–NASD–00–14 and should be these new features will not be in place significantly affect the protection of submitted by May 2, 2000. until the second quarter 2000 and must investors or the public interest; (ii) For the Commission, by the Division of be subject to notice and comment before impose any significant burden on Market Regulation, pursuant to delegated approval, the pilot will end prior to competition; and (iii) become operative authority.14 such time periods. Nasdaq believes that for 30 days from the date on which the Margaret H. McFarland, the Nasdaq Application provides proposed rule change was filed, or such benefits to the market and should be shorter time as the Commission may Deputy Secretary. allowed to continue to operate as designate. At any time within 60 days [FR Doc. 00–8877 Filed 4–10–00; 8:45 am] currently operating for an additional six of the filing of a rule change pursuant BILLING CODE 8010±01±M months to permit Nasdaq to implement to Section 19(b)(3)(A) of the Act, the the system changes that address the Commission may summarily abrogate SECURITIES AND EXCHANGE Commission’s concerns. the rule change if it appears to the COMMISSION 2. Statutory Basis Commission that such action is necessary or appropriate in the public [Release No. 34±42607; File No. SR±NASD± Nasdaq believes that the proposed interest, for the protection of investors, 00±05] rule change is consistent with the or otherwise in furtherance of the provisions of Section 15A(b)(6) of the purposes of the Act. Self-Regulatory Organizations; Notice Act 8 in that it is designed to prevent The Commission finds that it is of Filing of Proposed Rule Change by fraudulent and manipulative acts and appropriate to accelerate the effective the National Association of Securities practices, to promote just and equitable date of the proposed rule change and to Dealers, Inc. Relating to the Release of principles of trade, to foster cooperation permit the proposed rule change to Disciplinary Information and coordination with persons engaged become immediately effective because in regulating, clearing, settling, April 3, 2000 the proposed simply extends a Pursuant to section 19(b)(1) of the processing information with respect to, previously approved pilot program for and facilitating transactions in Securities Exchange Act of 1934 an additional six months. By extending (‘‘Act’’) 1 and Rule 19b–4 thereunder, 2 securities, to remove impediments to the pilot program, the Commission will and perfect the mechanism of a free and notice is hereby given that on February enable Nasdaq to continue to offer this 16, 2000, the National Association of open market and a national markets additional trading mechanism without system, and, in general to protect Securities Dealers, Inc. (‘‘NASD’’ or interruption. In addition, the ‘‘Association’’), through its wholly investors and the public interests. Commission finds that Nasdaq provided Nasdaq also believes the proposed owned subsidiary NASD Regulation, the required prefiling written notice of rule change is consistent with Section Inc. (‘‘NASD Regulation’’), filed with the its intent to file this proposed rule 11A of the Act 9 in general, and Section Securities and Exchange Commission change when it filed the original 11A(a)(1)(A) 10 in particular, by (‘‘Commission’’ or ‘‘SEC’’) the proposed proposed rule change.13 promoting economically efficient rule change as described in Items I, II, execution of securities transactions, fair IV. Solicitation of Comments and III below, which Items have been prepared by NASD Regulation. The competition among markets, the best Interested persons are invited to execution of customer orders, and an Commission is publishing this notice of submit written data, views, and the proposed rule change to solicit opportunity for orders to be executed arguments concerning the foregoing without the participation of a dealer. comments on the proposal from including whether the proposed rule interested persons. B. Self-Regulatory Organization’s change is consistent with the Act. Statement on Burden on Competition Persons making written submissions I. Self-Regulatory Organization’s should file six copies thereof with the Statement of the Terms of Substance of Nasdaq does not believe that the the Proposed Rule Change proposed rule change, as amended, will Secretary, Securities and Exchange result in any burden on competition that Commission, 450 Fifth Street, NW, NASD Regulation is proposing to is not necessary or appropriate in Washington, DC 20549–0609. Copies of amend IM–8310–2 of the Association, to furtherance of the purpose of the Act. the submission, all subsequent provide for the publication of all final, amendments, all written statements litigated decisions issued by the Office C. Self-Regulatory Organization’s with respect to the proposed rule of Hearing Officers (‘‘OHO’’),3 the Statement on Comments on the change that are filed with the National Adjudicatory Council Proposed Rule Change Received from Commission, and all written (‘‘NAC’’), and the NASD Board, Members, Participants, or Others communications relating to the regardless of sanctions imposed. Below Nasdaq has neither solicited nor proposed rule change between the is the text of the proposed rule change. received written comments on the Commission and any person, other than Proposed new language is in italics. proposed rule change, as amended. those that may be withheld from the * * * * * public in accordance with the III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be IM–8310–2. Release of Disciplinary Proposed Rule Change and Timing For available for inspection and copying in Information Commission Action the Commission’s Public Reference (a) through (c) No change. The foregoing rule change has become Room. Copies of such filing will also be (d)(1) The Association shall release to effective upon filing pursuant to Section available for inspection and copying at the public information with respect to 19(b)(3)(A)(iii) of the Act 11 and Rule the principal office of the NASD. All 14 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78o-3(b)(6). 12 17 CFR 240.19b–4(f)(6). 1 15 U.S.C. 78s(b)(1) 9 15 U.S.C. 78k-1. 13 In reviewing this proposal, the Commission has 2 17 CFR 240.19b–4. 10 15 U.S.C. 78k-1(a)(1)(C). considered its impact on efficiency, competition, 3 The OHO issues decisions rendered by Hearing 11 15 U.S.C. 78s(b)(3)(A). and capital formation. 15 U.S.C. 78c(f). Officers (default decisions) and Hearing Panels.

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19422 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices any disciplinary decision issued A. Self-Regulatory Organization’s believes that the disciplinary decisions pursuant to the Rule 9000 Series Statement of the Purpose of, and issued after August 7, 1997, are of imposing a suspension, cancellation or Statutory Basis for, the Proposed Rule special value in providing a clearer expulsion of a member; or suspension or Change picture of the Association’s current revocation of the regulation of a person 1. Purpose application and interpretation of its associated with a member; or substantive and procedural rules. The suspension or barring of a member or Some, but not all, NASD disciplinary Association does not believe that the person associated with a member from decisions are currently available in benefits that would arise from association with all members; or electronic legal research databases, such publishing decisions that pre-date imposition of monetary sanctions of as Westlaw, Lexis-Nexis, and Books on August 7, 1997, justify the $10,000 or more upon a member or Screen. Interpretive Material 8310–2 administrative burdens that would person associated with a member; or (the ‘‘Interpretation’’) permits the NASD result from having to redact the names containing an allegation of a violation of to release any disciplinary decision: (1) of parties and other identifying a Designated Rule; and may also release Imposing a suspension, cancellation or information from these decisions. such information with respect to any expulsion of a member; (2) imposing a 2. Statutory Basis disciplinary decision or group of suspension or revocation of the decisions that involve a significant registration of any associated person; (3) NASD Regulation believes that the policy or enforcement determination imposing a suspension or barring a proposed rule change is consistent with where the release of information is member or associated person from the provisions of Section 15A(b)(6) of deemed by the President of NASD association with all members; (4) the Act,5 which requires, among other Regulation, Inc. to be in the public imposing monetary sanctions of $10,000 things, that the Association’s rules must interest. The Association also may or more on a member or associated be designed to prevent fraudulent and release to the public information with person; (5) containing an alleged manipulative acts and practices, to respect to any disciplinary decision violation of a Designated Rule; or (6) promote just and equitable principles of issued pursuant to the Rule 8220 Series deemed by the President of NASD trade, and, in general, to protect imposing a suspension or cancellation Regulation to involve a significant investors and the public interest. The of the member or a suspension of the policy or enforcement determination NASD believes that the proposed rule association of a person with a member, where the release of information would change is consistent with Section unless the National Adjudicatory be in the public interest. 15A(b)(7) of the Act 6 in that it works to Council determines otherwise. The Disciplinary decisions provide adequately safeguard the interests of National Adjudicatory Council may, in guidance in how NASD rules are to be investors while establishing fair and its discretion, determine to waive the interpreted and enforced. The reasonable rules for its members and requirement to release information with Association believes that providing persons associated with its members. respect to a disciplinary decision under vendors of legal research databases with The NASD also believes that the those extraordinary circumstances all final, litigated decision issued by the proposed changes are consistent with where the release of such information OHO, the NAC, and the NASD Board, Section 15A(b)(8) of the Act 7 in that would violate fundamental notions of edited to prevent the disclosure of the they further the statutory goals of fairness or work an injustice. identities of respondents upon whom providing a fair procedure for minimal or no sanctions are imposed, is The Association may release to the disciplining members and associated in the public interest. persons. public information on any other final, Accordingly, the Association is litigated, disciplinary decision issued proposing to amend the Interpretation to B. Self-Regulatory Organization’s pursuant to the Rule 8220 Series or Rule provide for the publication of all final, Statement on Burden on Competition 9000 Series, not specifically enumerated litigated decisions issued by the OHO, NASD Regulation does not believe in this paragraph, regardless of the NAC, and the NASD Board, that the proposed rule change will result sanctions imposed, so long as the names regardless of sanctions imposed. in any burden on competition that is not of the parties and other identifying However, the names of the parties and necessary or appropriate in furtherance information is redacted. other identifying information mentioned of the purposes of the Act. (2) No changes. in the decisions that do not meet the C. Self-Regulatory Organization’s (e) through (m) No change. current enumerated publication criteria, as outlined in the Interpretation (and Statement on Comments on the * * * * * listed above), will be redacted from Proposed Rule Change Received From II. Self-Regulatory Organization’s these decisions. Settlements, Letters of Members, Participants, or Others Statement of the Purpose of, and Acceptance, Waivers and Consents Written comments were neither Statutory Basis for, the Proposed Rule (‘‘AWCs’’), and Minor Rule Violation solicited nor received. Change Plan letters are excluded from the proposal. This proposal will not have III. Date of Effectiveness of the In its filing with the Commission, any impact on the information Proposed Rule Change and Timing for NASD Regulation included statements contained in or disclosed by the Central Commission Action concerning the purpose of and basis for Registration Depository system. Within 35 days of the date of the proposed rule change and discussed The Association will make all publication of this notice in the Federal any comments it received on the decisions covered under this proposal Register or within such longer period (i) proposed rule change. The text of these available that were issued after August as the Commission may designate up to statements may be examined at the 7, 1997, the effective date of the most 90 days of such date if it finds such places specified in Item IV below. recent significant changes to the NASD longer period to be appropriate and NASD Regulation has prepared Code of Procedure.4 The Association summaries, set forth in Sections A, B, 5 15 U.S.C. 78o–3(b)(6). and C below, of the most significant 4 See Special NASD Notice to Members 97–55 6 15 U.S.C. 78o–3(b)(7). aspects of such statements. (August 1997). 7 15 U.S.C. 78o–3(b)(8).

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19423 publishes its reasons for so finding or Secretary) announced a joint initiative major trade negotiations, USTR (ii) as to which the sale-regulatory to enhance opportunities for routinely solicits written comments organization consents, the Commission nongovernmental organizations to from the public, consults with will: provide their views to the interested constituencies, holds public (A) By order approve such proposed Administration on key trade issues. As hearings, and meets with a broad rule change, or part of that initiative USTR and spectrum of non-governmental groups at (B) Institute proceedings to determine Commerce are seeking comments and their request. whether the proposed rule change suggestions from the public on ways to On January 11, 2000, the Secretary should be disapproved. strengthen channels of communication and the USTR announced an initiative IV. Solicitation of Comments between these groups and the to seek views from the public on ways Administration on trade policy matters. to enhance the effectiveness of Interested persons are invited to DATES: Written comments should be Administration efforts to obtain advice submit written data, views, and sent no later than July 10, 2000 to the from non-governmental organizations arguments concerning the foregoing, Office of the United States Trade on important trade policy matters. including whether the proposed rule is Representative at the address indicated Through this notice, USTR and consistent with the Act. Persons making below. Commerce are seeking comments from written submissions should file six FOR FURTHER INFORMATION: the public on changes to the advisory copies thereof with the Secretary, Contact Pate Felts, Assistant USTR for committee system that would help to Securities and Exchange Commission, ensure that the Administration obtains 450 Fifth Street, NW, Washington, DC Intergovernmental Affairs and Public Liaison ((202) 395–6120), or Patrick timely, relevant trade policy advice 20549–0609. Copies of the submission, from consumer, environmental, labor, all subsequent amendments, all written Morris, Director of the Office of Export Promotion Coordination, Department of and other non-governmental statements with respect to the proposed organizations. rule change that are filed with the Commerce ((202) 482–4501). Commission, and all written SUPPLEMENTARY INFORMATION: Congress Public Comments and the Administration have established communications relating to the Persons wishing to submit written a variety of advisory committees from proposed rule change between the comments should provide twenty (20) which the Executive Branch solicits and Commission and any person, other than typed copies no later than July 10, 2000 obtains advice on trade policy matters, those that may be withheld from the to Gloria Blue, Office of the U.S. Trade including from environmental, labor, public in accordance with the Representative, Room 122, 600 17th and consumer groups. Section 2155 of provisions of 5 U.S.C. 552, will be Street, NW., Washington, DC 20508. title 19, U.S. Code, establishes a three- available for inspection and copying in Written comments submitted in tier trade policy advisory committee the Commission’s Public Reference connection with this request will be system, with one committee addressing Room. Copies of such filing will also be available for inspection in the USTR overall policy advice, several available for inspection and copying at Reading Room. An appointment to committees providing advice on more the principal office of the NASD. All review the file at USTR may be made by specific policy issues, and a larger submissions should refer to File No. calling Brenda Webb (202) 395–6186. number of committees covering sectoral, SR–NASD–00–05 and should be The USTR Reading Room is located at submitted by May 2, 2000. technical, or functional issues. The Administration seeks trade policy the Office of the United States Trade For the Commission, by the Division of advice from environmental, labor, Representative, 600 17th Street, NW, Market Regulation, pursuant to delegated consumer, and other groups through Washington, DC and is open to the authority.8 three advisory committees. Specifically, public from 9:30 a.m. to 12 noon, and Margaret H. McFarland, the Advisory Committee for Trade from 1 p.m. to 4 p.m., Monday through Deputy Secretary. Policy and Negotiations (ACTPN) Friday. [FR Doc. 00–8878 Filed 4–10–00; 8:45 am] provides the President and the USTR Pate Felts, BILLING CODE 8010±01±M with broad advice on trade matters. The Assistant United States Trade Representative, ACTPN membership is drawn from Intergovernmental Affairs and Public Liaison. chief executive officers of agriculture, Michael J. Copps, OFFICE OF THE UNITED STATES consumer, environment, industry, and Assistant Secretary for Trade Development, TRADE REPRESENTATIVE labor groups. The President has also U.S. Department of Commerce. established a Trade and Environment [FR Doc. 00–8931 Filed 4–10–00; 8:45 am] DEPARTMENT OF COMMERCE Policy Advisory Committee (TEPAC), BILLING CODE 3190±01±M which primarily addresses trade and Request for Public Views environment issues. TEPAC members April 3, 2000. are drawn from agriculture, consumer, AGENCIES: Office of the United States environmental, industry, and labor DEPARTMENT OF TRANSPORTATION Trade Representative and Department of groups, and from non-federal Commerce. governments. A Labor Advisory Federal Aviation Administration Committee (LAC) provides advice on ACTION: Request for public views on Proposed Advisory Circular 25.905±X, trade issues and labor. The LAC is procedures for obtaining trade policy Minimizing the Hazards From Propeller administered by the Department of advice from nongovernmental Blade and Hub Failures organizations. Labor and is composed exclusively of labor union representatives. AGENCY: Federal Aviation SUMMARY: Recently the United States The Administration seeks trade policy Administration (FAA), DOT. Trade Representative (the USTR) and advice on environmental, labor, ACTION: Notice of availability of consumer, and other issues in other the Secretary of Commerce (the proposed Advisory Circular (AC) ways as well. For example, in 25.905–X and request for comments. 8 17 CFR 200.30–3(a)(12). formulating specific U.s. objectives in

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SUMMARY: This notice announces the Hub Failures,’’ has been prepared to Issued in Renton, Washington, on March availability of and requests comment on provide guidance on one means of 31, 2000. a proposed advisory circular (AC) that demonstrating compliance with the Vi L. Lipski, provides methods acceptable to the requirements of § 25.905, ‘‘Propellers,’’ Acting Manager, Transport Airplane Administrator for showing compliance of Title 14, Code of Federal Regulations Directorate, Aircraft Certification Service. with the airworthiness standards for (CFR) part 25, commonly referred to as [FR Doc. 00–8848 Filed 4–10–00; 8:45 am] propeller installations on transport part 25 of the Federal Aviation BILLING CODE 4910±13±P category airplanes. The guidance Regulations (FAR). Part 25 contains the provided in the AC supplements the airworthiness standards applicable to engineering and operational judgment transport category airplanes. DEPARTMENT OF TRANSPORTATION that must form the basis of any The means of compliance described compliance findings relative to design in proposed AC 25.905–X is intended to Federal Aviation Administration precautions that should be taken to provide guidance to supplement the minimize the hazards to an airplane in engineering and operational judgment Notice of Availability of the Record of the event that a propeller blade fails or that must form the basis of any Decision for the 1999 Final is released by a hub failure. This notice compliance findings relative to Supplemental Environmental Impact is necessary to give all interested paragraph § 25.905(d). That paragraph Statement for 1992 Environmental persons an opportunity to present their addresses design precautions that Impact Statement for Master Plan views on the proposed AC. should be taken to minimize the hazards Development, Indianapolis DATES: Comments must be received on to an airplane in the event that a International Airport or before June 12, 2000. propeller blade fails or is released by a ADDRESSES: Send all comments on the hub failure. AGENCY: Federal Aviation proposed AC to: Federal Aviation In accordance with § 25.905(d), the Administration (FAA, DOT). hazards that must be considered Administration, Attn: Michael Dostert, ACTION: Notice of availability of a record FAA, Transport Airplane Directorate, include: 1. Damage to structure and vital of Decision. Aircraft Certification Service, systems due to the impact of a failed or Propulsion/Mechanical Systems Branch, released blade, and SUMMARY: The FAA is issuing this notice ANM–112, 1601 Lind Avenue SW., 2. The consequent unbalance created to advise the public that the FAA Renton, Washington 98055–4056. by such failure or release. Regional Administrator has approved Comments may be inspected at the The proposed AC addresses the and signed the Record of Decision above address between 7:30 a.m. and hazards associated with damage created (ROD) for implementation of air traffic 4:00 p.m. weekdays, except Federal by the impact of failed or released control noise abatement procedures and holidays. propeller blades, and provides a land use mitigation measures at FOR FURTHER INFORMATION CONTACT: Jill discussion of design practices to Indianapolis International Airport on DeMarco, Program Management Branch, minimize such hazards. However, it March 20, 2000. ANM–114, Transport Airplane does not address the hazard associated ADDRESSES: Directorate, FAA, 1601 Lind Avenue with unbalance created by such failure The Record of Decision is SW., Renton, Washington 98055–4056; or release. available for review at: Federal Aviation telephone (425) 227–1313. Administration, Airspace Branch, AGL– Harmonization of Standards and 520, 2300 East Devon Avenue, Des SUPPLEMENTARY INFORMATION: Guidance Plaines, Illinois 60018. Comments Invited The proposed AC is based on FOR FURTHER INFORMATION CONTACT: Ms. Interested persons are invited to recommendations submitted to the FAA Annette Davis, Environmental comment on the proposed AC by by the Aviation Rulemaking Advisory Specialist, AGL–520.E, 2300 East Devon submitting such written data, views, or Committee (ARAC). The FAA tasked Avenue, Des Plaines, Illinois 60018, arguments as they may desire. ARAC (63 FR 50954, September 23, Telephone (847) 294–8091. Commenters must identify the AC by 1998) to provide advice and title and submit comments in duplicate recommendations on ‘‘harmonizing’’ SUPPLEMENTARY INFORMATION: The FAA to the address specified above. The certain sections of part 25 (including is issuing this notice of availability of its Transport Airplane Directorate will § 25.1183) with the counterpart March 20, 2000 Record of Decision to consider all communications received standards contained in Joint Aviation assure that all persons have notification on or before the closing date for Requirements (JAR) 25. The goal of that the FAA has decided to implement comments before issuing the final AC. ‘‘harmonization tasks,’’ such as this, is the air traffic control noise abatement to ensure that: procedures and land use mitigation Availability of Proposed AC • Where possible, standards and measures for Indianapolis International The proposed AC can be found and guidance do not require domestic and Airport contained in the 1999 Final downloaded from the Internet at http:/ foreign parties to manufacture or Supplemental Environmental Impact /www.faa.gov/avr/air/airhome.htm, at operate to different standards for each Statement for the 1992 Environmental the link titled ‘‘Draft AC’s’’ under the country involved; and Impact Statement for the 1992 ‘‘Available Information’’ drop-down • The standards and guidance Environmental Impact Statement for menu. A paper copy of the proposed AC adopted are mutually acceptable to the Master Plan Development. may be obtained by contacting the FAA and the foreign aviation Issued in Des Plaines, Illinois on March 22, person named above under the caption authorities. 2000. ‘‘FOR FURTHER INFORMATION CONTACT.’’ The guidance contained in the proposed AC has been harmonized with David B. Johnson, Discussion that of the JAA, and provides a method Acting Manager, Air Traffic Division. Proposed AC 25.905–X, ‘‘Minimizing of compliance that has been found [FR Doc. 00–8971 Filed 4–10–00; 8:45 am] the Hazards from Propeller Blade and acceptable to both the FAA and JAA. BILLING CODE 4910±13±M

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DEPARTMENT OF TRANSPORTATION Issued in Burlington, Massachusetts on provisions of the Aviation Safety and March 30, 2000. Capacity Expansion Act of 1990 (Title Federal Aviation Administration Vincent A. Scarano, IX of the Omnibus Budget Manager, Airports Division FAA, New Reconciliation Act of 1990) (Public Law Notice of Intent To Prepare an England Region. 101–508) and part 158 of the Federal Environmental Impact Statement and [FR Doc. 00–8972 Filed 4–10–00; 8:45 am] Aviation Regulations (14 CFR part 158). to Hold an Environmental Scoping BILLING CODE 4910±13±M On March 22, 2000, the FAA Meeting for Runway Safety Area determined that the application to Improvements at Groton-New London impose and use the revenue from a PFC Airport, Groton, Connecticut DEPARTMENT OF TRANSPORTATION submitted by Marquette County was AGENCY: substantially complete within the Federal Avation Federal Aviation Administration Administration, DOT. requirements of section 158.25 of Part 158. The FAA will approve or ACTION: Notice of Public Environmental Notice of Intent To Rule on Application disapprove the application, in whole or Scoping Meeting. to Impose and Use the Revenue from in part, no later than July 18, 2000. a Passenger Facility Charge (PFC) at SUMMARY: The Federal Aviation The following is a brief overview of Sawyer International Airport, the application: Administration (FAA) is issuing notice Marquette, MI to advise the public that an PFC Application No.: 00–05–C–00– SAW. Environmental Impact Statement (EIA) AGENCY: Federal Aviation Level of the proposed PFC: $3.00. will be prepared for a proposal by the Administration (FAA), DOT. Proposed charge effective date: June 1, State of Connecticut to construct ACTION: Notice of Intent to Rule on 2000. Runway Safety Area improvements to Application. Proposed charge expiration date: Runway 5–23 at Groton-New London October 30, 2002. SUMMARY: Airport, Groton, Connecticut. To ensure The FAA proposes to rule and Total estimated PFC revenue: that all significant issues related to the invites public comment on the $369,235.00. proposed action are identified a public application to impose and use the Brief description of proposed projects: scoping meeting will be held. revenue from a PFC at Sawyer (1) North Access Road to terminal, (2) FOR FURTHER INFORMATION CONTACT: International Airport under the FAR Part 77 grading, (3) VOR/DMS, (4) Frank Smigelski, Environmental provisions of the Aviation Safety and Rehabilitate terminal apron, (5) Specialist, Airports Division, New Capacity Expansion Act of 1990 (Title Rehabilitate hangar, (6) Terminal England Region, Federal Aviation IX of the Omnibus Budget lighting, (7) Groove Runway 1/19, (8) Administration, 12 New England Reconciliation Act of 1990) (Public Law Runway 1/19 joint repairs, (9) Taxiway Executive Park, Burlington, 101–508) and Part 158 of the Federal relighting, (10) Rehabilitate taxiway and Massachusetts 01803. Telephone Aviation Regulations (14 CFR part 158). construct taxi streets, (11) ILS paving, number: 781–238–7613. DATES: Comments must be received on (12) Renovate ARFF building, (13) SUPPLEMENTARY INFORMATION: Because of or before May 11, 2000. Environmental Assessment for North the potential for significant adverse ADDRESSES: Comments on this Access Road and Runway 13/31, (14) environmental impact, primarily to application may be mailed or delivered North Access Road (design only). wetlands and estuarine resources in triplicate to the FAA at the following Class or classes of air carriers that the adjacent to the runway, comments and address: Federal Aviation public agency has requested not be suggestions are invited from federal, Administration, Detroit Airports District required to collect PFC’s: None. state and local agencies and other Office, Willow Run Airport, East, 8820 Any person may inspect the interested members of the public on Beck Road, Belleville, MI 48111. application in person at the FAA office order to ensure that a full range of issues In addition, one copy of any listed above under ``FOR FURTHER related to the proposed project are comments submitted to the FAA must INFORMATION CONTACT''. identified and addressed in the scope of be mailed or delivered to Mr. Harold R. In addition, any person may, upon work for the EIS. Comments and Pawley, Airport Manager, of the Sawyer request, inspect the application, notice, suggestions may be mailed to the FAA International Airport, at the following and other documents germane to the at the above address. address: 225 Airport Avenue, Gwinn, application in person at the Sawyer MI 49841. International Airport. Public Scoping Meeting Air carriers and foreign air carriers Issued in Des Plaines, Illinois, on March In order to provide public input, a may submit copies of written comments 29, 2000. scoping meeting for federal, state and previously provided to the County of Benito De Leon, local agencies and other interested Marquette under section 158.23 of Part Manager, Planning/Programming Branch, members of the public will be held on 158. Airports Division, Great Lakes Region. May 10, 2000 at 11:00 a.m. at the FOR FURTHER INFORMATION CONTACT: Mr. [FR Doc. 00–8973 Filed 4–10–00; 8:45 am] Connecticut Air National Guard Jon Gilbert, Program Manager, Federal BILLING CODE 4910±13±M AVCARD Facility, 139 Tower Road, Aviation Administration, Detroit Groton-New London Airport, Groton, Airports District Office, Willow Run CT. The scoping meeting will include a Airport, East, 8820 Beck Road, DEPARTMENT OF TRANSPORTATION field tour of the project area. Belleville, MI 48111 (734–487–7281). Representatives of federal, state and The application may be reviewed in Federal Highway Administration person at this same location. local agencies and other interested Environmental Impact Statement: SUPPLEMENTARY INFORMATION: members of the public are encouraged to The FAA Randolph and Tucker Counties, West attend and comment. Additional proposes to rule and invites public Virginia Information may be obtained by comment on the application to impose contacting FAA at the above address or and use the revenue from a PFC at AGENCY: Federal Highway telephone number. Sawyer International Airport under the Administration (FHWA), DOT.

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ACTION: Notice of intent. agencies, and to private organizations connection with these proceedings since and citizens who have expressed or are the facts do not appear to warrant a SUMMARY: The FHWA is issuing this known to have an interest in this hearing. If any interested party desires notice to advise the public that a proposal. an opportunity for oral comment, they Supplemental Environmental Impact To ensure the full range of issues should notify FRA, in writing, before Statement (SEIS) will be prepared for related to this proposed action are the end of the comment period and the Kerens-to-Parsons portion of the addressed and all significant issues specify the basis for their request. proposed Appalachian Corridor H identified, comments and suggestions All communications concerning these highway project. are invited from all interested parties. proceedings should identify the FOR FURTHER INFORMATION CONTACT: Comments or questions concerning this appropriate docket number (e.g., Waiver Henry E. Compton, Division proposed action should be directed to Petition Docket Number 1999–6067) and Environmental Coordinator, Federal the FHWA at the address provided must be submitted to the Docket Clerk, Highway Administration, West Virginia above. DOT Docket Management Facility, Division, Geary Plaza, Suite 200, 700 Room PL–401 (Plaza Level), 400 7th Washington Street East, Charleston, (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research Street, SW, Washington, DC 20590. West Virginia 25301, Telephone: (304) Planning and Construction. The regulations Communications received within 45 347–5268. implementing Executive Order 12372 days of the date of this notice will be SUPPLEMENTARY INFORMATION: In regarding intergovernmental consultation on considered by FRA before final action is accordance with a court approved Federal programs and activities to this taken. Comments received after that settlement agreement, the FHWA in program) date will be considered as far as cooperating with the West Virginia Issued on: March 28, 2000. practicable. All written communications Department of Transportation (WVDOH) Henry E. Compton, concerning these proceedings are will prepare a supplemental Environmental Coordinator, Charleston, West available for examination during regular environmental impact statement (SEIS) Virginia. business hours (9 a.m.–5 p.m.) at the to examine one or more potential [FR Doc. 00–8869 Filed 4–10–00; 8:45 am] above facility. All documents in the alignment shifts for the Kerens-to- public docket are also available for BILLING CODE 4910±22±M Parsons portion of the proposed inspection and copying on the Internet Appalachian Corridor H highway in at the docket facility’s web site at Randolph and Tucker Counties, West DEPARTMENT OF TRANSPORTATION http://dms.dot.gov. Virginia. A Record of Decision (ROD) for Issued in Washington, DC on April 4, 2000. the entire Appalachian Corridor H Federal Railroad Administration Grady C. Cothen, Jr., Highway (FHWA–WV–EIS–92–01–F) Petition for Waiver of Compliance Deputy Associate Administrator for Safety from Aggregates to the WV/VA state Standards and Program Development. line, a distance of approximately 100 In accordance with part 211 of Title [FR Doc. 00–8855 Filed 4–10–00; 8:45 am] miles, was approved on August 2, 1996. 49 Code of Federal Regulations (CFR), BILLING CODE 4910±06±P The proposed Kerens-to-Parsons project notice is hereby given that the Federal will provide a divided four-lane, partial Railroad Administration (FRA) received control of access highway on new a request for a waiver of compliance DEPARTMENT OF TRANSPORTATION location for a distance of approximately with certain requirements of its safety 20 miles. The purpose of this project is standards. The individual petition is Federal Railroad Administration to provide safe and efficient travel between the population centers of described below, including the party Petition for Waiver of Compliance Randolph (Elkins/Kerens Area) and seeking relief, the regulatory provisions Tucker (Parsons Area) counties, while involved, the nature of the relief being In accordance with part 211 of Title also contributing to the completion of requested, and the petitioner’s 49 Code of Federal Regulations (CFR), Corridor H in West Virginia. arguments in favor of relief. notice is hereby given that the Federal Railroad Administration (FRA) received Alternates under consideration in the Aberdeen Carolina and Western a request for a waiver of compliance SEIS will be: (1) The no action Railway alternative, (2) the preferred alternative with certain requirements of its safety that was approved in the 1996 ROD, and [Docket Number FRA–1999–6067] standards. The individual petition is (3) one or more alternatives that avoid The Aberdeen Carolina and Western described below, including the party impacts to the Corricks Ford Battlefield. Railway (ACWR) seeks a permanent seeking relief, the regulatory provisions Based on preliminary studies, it is waiver of compliance with the Safety involved, the nature of the relief being expected that the avoidance alternatives Glazing Standards, 49 CFR 223.11(c), requested, and the petitioner’s considered in the SEIS will include one which requires certified glazing in all arguments in favor of relief. or more alignments that would shift the locomotive windows, except those Buffalo Southern Railroad, Inc. project to the north, resulting in locomotives used in yard service. additional connections to US 219, WV ACWR seeks this waiver for locomotive Docket Number FRA–1999–6069 Route 72, and County Route 17 in the number 1132. The owner states that the The Buffalo Southern Railroad, Inc. vicinity of Parsons. However, final locomotive would be used one way (20 (BSOR) seeks a permanent waiver of decisions on the scope of the SEIS will miles) as back-up power for a dinner/ compliance with the Safety Glazing be made only after an opportunity for excursion train operating on weekends Standards, 49 CFR 223.11(c), which comment by interested agencies and the between Aberdeen and Pinehurst, North requires certified glazing in all public during the scoping process, Carolina. locomotive windows, except those which will occur in early to mid-April Interested parties are invited to locomotives used in yard service. BSOR 2000. participate in these proceedings by seeks this waiver for five locomotives, Letters describing the proposed action submitting written views, data, or numbers 5010, 107, 100, 93 and 105. and soliciting comments will be sent to comments. FRA does not anticipate BSOR states that they operate on 30 appropriate federal, state, and local scheduling a public hearing in miles of track at speeds not to exceed 20

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All documents in the public have never experienced any problems Corporation (Amtrak) seeks a temporary docket are also available for inspection with window breakage or vandalism. waiver of compliance with section 203 and copying on the Internet at the Interested parties are invited to of FRA’s Passenger Equipment Safety docket facility’s web site at http:// participate in these proceedings by Standards (49 CFR part 238). On dms.dot.gov. submitting written views, data, or October 18, 1999, Amtrak, pursuant to comments. FRA does not anticipate 49 CFR 238.203, filed a Issued in Washington, DC on April 6, 2000. scheduling a public hearing in ‘‘grandfathering’’ petition with FRA Grady C. Cothen, Jr., connection with these proceedings since (Docket No. FRA–1999–6404), in which Deputy Associate Administrator for Safety the facts do not appear to warrant a it requested approval to continue using Standards and Program Development. hearing. If any interested party desires five trainsets manufactured by Talgo, [FR Doc. 00–8935 Filed 4–6–00; 3:11 pm] an opportunity for oral comment, they Inc. in the Pacific Northwest that do not BILLING CODE 4910±06±P should notify FRA, in writing, before meet the buff strength standards the end of the comment period and specified in Part 238. Section 203 of that specify the basis for their request. part provides that use of non-compliant DEPARTMENT OF TRANSPORTATION equipment subject to a grandfathering All communications concerning these Federal Railroad Administration proceedings should identify the petition must cease on May 8, 2000, appropriate docket number (e.g., Waiver unless FRA has approved the petition Petition for Waiver of Compliance Petition Docket Number 1999–6069) and by that date. must be submitted to the Docket Clerk, Amtrak, in its petition for waiver, In accordance with Part 211 of Title DOT Docket Management Facility, states that it believes there is a 49 Code of Federal Regulations (CFR), Room PL–401 (Plaza Level), 400 7th significant risk that FRA, will be unable notice is hereby given that the Federal Street, SW, Washington, DC 20590. to resolve administrative issues Railroad Administration (FRA) received Communications received within 45 concerning information in the docket, a request for a waiver of compliance days of the date of this notice will be obtain final comments from all with certain requirements of its safety considered by FRA before final action is interested parties, and then perform its standards. The individual petition is described below, including the party taken. Comments received after that own internal analysis and issue a final seeking relief, the regulatory provisions date will be considered as far as decision by May 8, 2000. Amtrak further involved, the nature of the relief being practicable. All written communications states that ‘‘in order to ensure there is requested, and the petitioner’s concerning these proceedings are no short term [service] disruption, arguments in favor of relief. available for examination during regular Amtrak feels that it is essential that FRA business hours (9 a.m.–5 p.m.) at the extend the period during which Union Pacific Railroad Company operation of Talgo equipment is above facility. All documents in the (Docket Number FRA–1999–5755) public docket are also available for permissible beyond the current May 8, inspection and copying on the Internet 2000 date, until a date that is 30 days Union Pacific Railroad Company (UP) at the docket facility’s web site at http:/ after the date on which FRA acts finally seeks a permanent waiver of compliance /dms.dot.gov. on Amtrak’s grandfathering petition.’’ from certain provisions of the Power Interested parties are invited to Brakes and Drawbars regulations, 49 Issued in Washington, D.C. on April 4, participate in this proceeding by CFR part 232, at Proviso Yard in 2000. submitting written views, data, or Chicago, Illinois. Specifically, UP Grady C. Cothen, Jr., comments. FRA does not anticipate requests relief from the requirements of Deputy Associate Administrator for Safety scheduling a public hearing in 49 CFR 232.12(i)(1), which requires that Standards and Program Development. connection with this proceeding since when a train airbrake system is tested [FR Doc. 00–8856 Filed 4–10–00; 8:45 am] the facts do not appear to warrant a from a yard test plant, the air source BILLING CODE 4910±06±P hearing. If any interested party desires must be connected to the end of the an opportunity for oral comment, they train which will be nearest to the should notify FRA’s Docket Clerk at hauling road locomotive. DEPARTMENT OF TRANSPORTATION Federal Railroad Administration, Office UP provides the following of Chief Counsel, 1120 Vermont information to justify this request. At Federal Railroad Administration Avenue, MS 10, Washington, DC, 20590, Proviso Yard, trains are regularly made in writing, by April 20, 2000 and specify up and depart from Yard Four. The Petition for Waiver of Compliance the basis for their request. tracks in Yard Four hold approximately All other communications concerning 60 cars. Most trains consist of one In accordance with Part 211 of Title this proceeding should identify the hundred or more cars, which requires a 49 of the Code of Federal Regulations appropriate docket number (e.g. Docket double or triple over be made to make (CFR), notice is hereby given that the No. FRA–2000–7199) and must be up an outbound train. The standard Federal Railroad Administration (FRA) submitted to the Docket Clerk, DOT procedure is to fill one or more tracks has received a request for a waiver of Docket Management Facility, Room PL– with the head end portion and set the compliance with certain requirements of 40–1 (Plaza Level), 400 7th Street, SW, rear end portion as a rear end fill in an its safety standards. The individual Washington, DC 20590. adjacent track. When this rear end fill is petition is described below, including Communications received by April 26, short (thirty cars or less), it presents an the party seeking relief, the regulatory 2000 will be considered by FRA before operational and safety problem. Yard air provisions involved, the nature of the final action is taken. Comments received is at the extreme ends of Yard Four. If relief being requested, and the after that date will be considered as far the rear fill is set at the end of the yard petitioner’s arguments in favor of relief. as practicable. All written where hauling locomotives are attached,

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Either alternative presents both a safety Announcing the First Quarterly [FR Doc. 00–8940 Filed 4–10–00; 8:45 am] factor for the carman and a time factor Meeting of the Crash Injury Research BILLING CODE 4910±59±P for completing the air test, since there and Engineering Network are no access roads for the carmen to AGENCY: National Highway Traffic DEPARTMENT OF TRANSPORTATION use. Safety Administration (NHTSA), DOT. Based on the above, UP believes that National Highway Traffic Safety a permanent waiver permitting the yard ACTION: Meeting Announcement. Administration air source to be applied to the rear end [Docket No. NHTSA±2000±7112] fill at Proviso’s Yard Four would SUMMARY: This notice announces the improve the safety and efficiency of First Quarterly Meeting of members of Notice of Receipt of Petition for operations without any adverse effect on the Crash Injury Research and Decision That Nonconforming 1987± safety. Engineering Network. CIREN is a 1989 Bentley Passenger Cars Are collaborative effort to conduct research Interested parties are invited to Eligible for Importation on crashes and injuries at eight Level 1 participate in these proceedings by Trauma Centers which are linked by a AGENCY: National Highway Traffic submitting written views, data, or computer network. Researchers can Safety Administration, DOT. comments. FRA does not anticipate review data and share expertise, which ACTION: Notice of receipt of petition for scheduling a public hearing in could lead to a better understanding of decision that nonconforming 1987–1989 connection with these proceedings since crash injury mechanisms and the design Bentley passenger cars are eligible for the facts do not appear to warrant a of safer vehicles. importation. hearing. If any interested party desires an opportunity for oral comment, they DATE AND TIME: The meeting is SUMMARY: This document announces should notify FRA, in writing, before scheduled from 8:30 a.m. to 5:00 p.m. receipt by the National Highway Traffic the end of the comment period and on May 5, 2000. Safety Administration (NHTSA) of a specify the basis for their request. petition for a decision that 1987–1989 ADDRESSES: The meeting will be held in Bentley passenger cars that were not All communications concerning these Room 6200–04 of the U.S. Department originally manufactured to comply with proceedings should identify the of Transportation Building, which is all applicable Federal motor vehicle appropriate docket number (e.g., Waiver located at 400 Seventh Street, SW, safety standards are eligible for Petition Docket Number 1999–5755) and Washington, DC. importation into the United States must be submitted to the Docket Clerk, because (1) they are substantially SUPPLEMENTARY INFORMATION: The DOT Docket Management Facility, similar to vehicles that were originally CIREN System has been established and Room PL–401 (Plaza Level), 400 7th manufactured for importation into and crash cases have been entered into the Street, S.W., Washington, D.C. 20590. sale in the United States and that were database by each Center. NHTSA has Communications received within 45 certified by their manufacturer as days of the date of this notice will be held three Annual Conferences (two in complying with the safety standards, considered by FRA before final action is Detroit and one in conjunction with and (2) they are capable of being readily taken. Comments received after that STAPP in San Diego) where CIREN altered to conform to the standards. research results were presented. Further date will be considered as far as DATES: The closing date for comments practicable. All written communications information about the three previous on the petition is May 11, 2000. CIREN conferences is available through concerning these proceedings are ADDRESSES: Comments should refer to the NHTSA website at: http://www- available for examination during regular the docket number and notice number, nrd.nhtsa.dot.gov/biolandltrauma/ business hours (9 a.m.–5 p.m.) at the and be submitted to: Docket above facility. All documents in the ciren-final.htm. Management, Room PL–401, 400 public docket are also available for NHTSA plans to begin holding Seventh St., SW, Washington, DC inspection and copying on the Internet quarterly meetings on a regular basis to 20590. [Docket hours are from 9 am to at the docket facility’s web site at http:/ disseminate this information to 5 pm] /dms.dot.gov. interested parties. This is the first such FOR FURTHER INFORMATION CONTACT: meeting. The topic for this meeting is Issued in Washington, DC on April 4, 2000. George Entwistle, Office of Vehicle lower extremity injuries in motor Safety Compliance, NHTSA (202–366– Grady C. Cothen, Jr. vehicle crashes. Subsequent meetings 5306). Deputy Associate Administrator for Safety have tentatively been scheduled for July SUPPLEMENTARY INFORMATION: Standards and Program Development. and October. These quarterly meetings [FR Doc. 00–8857 Filed 4–10–00; 8:45 am] will be in lieu of an annual CIREN Background BILLING CODE 4910±06±P conference. Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally FOR FURTHER INFORMATION CONTACT: Mrs. manufactured to conform to all Donna Stemski, Office of Human- applicable Federal motor vehicle safety Centered Research, 400 Seventh Street, standards shall be refused admission SW, Room 6220, Washington, DC 20590, into the United States unless NHTSA telephone: (202) 366–5662. has decided that the motor vehicle is substantially similar to a motor vehicle

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices 19429 originally manufactured for importation 202 Head Restraints, 203 Impact Standard No. 301 Fuel System into and sale in the United States, Protection for the Driver from the Integrity: installation of a rollover valve certified under 49 U.S.C. 30115, and of Steering Control System, 204 Steering in the fuel tank vent line between the the same model year as the model of the Control Rearward Displacement, 205 fuel tank and the evaporative emissions motor vehicle to be compared, and is Glazing Materials, 206 Door Locks and collection canister. capable of being readily altered to Door Retention Components, 207 Additionally, the petitioner states that conform to all applicable Federal motor Seating Systems, 209 Seat Belt the bumpers on the non-U.S. certified vehicle safety standards. Assemblies, 210 Seat Belt Assembly 1987–1989 Bentley passenger cars must Petitions for eligibility decisions may Anchorages, 212 Windshield Retention, be reinforced or U.S.-model bumper be submitted by either manufacturers or 216 Roof Crush Resistance, 219 components must be installed to comply importers who have registered with Windshield Zone Intrusion, and 302 with the Bumper Standard found in 49 NHTSA pursuant to 49 CFR part 592. As Flammability of Interior Materials. CFR Part 581. specified in 49 CFR 593.7, NHTSA Petitioner also contends that the The petitioner also states that a publishes notice in the Federal Register vehicles are capable of being readily vehicle identification number plate of each petition that it receives, and altered to meet the following standards, must be affixed to the vehicle to meet affords interested persons an in the manner indicated: the requirements of 49 CFR Part 565. opportunity to comment on the petition. Standard No. 101 Controls and Interested persons are invited to At the close of the comment period, Displays: (a) Substitution of a lens submit comments on the petition NHTSA decides, on the basis of the marked ‘‘Brake’’ for a lens with a described above. Comments should refer petition and any comments that it has noncomplying symbol on the brake to the docket number and be submitted received, whether the vehicle is eligible failure indicator lamp; (b) installation of to: Docket Management, Room PL–401, for importation. The agency then a seat belt warning lamp that displays 400 Seventh St., SW, Washington, DC publishes this decision in the Federal the appropriate symbol; (c) recalibration 20590. It is requested but not required Register. of the speedometer/odometer from that 10 copies be submitted. Champagne Imports of Lansdale, kilometers to miles per hour. All comments received before the Pennsylvania (‘‘Champagne’’) Standard No. 108 Lamps, Reflective close of business on the closing date (Registered Importer 90–009) has Devices and Associated Equipment: (a) indicated above will be considered, and petitioned NHTSA to decide whether Installation of U.S.-model headlamp will be available for examination in the 1987–1989 Bentley passenger cars are assemblies that incorporate headlamps docket at the above address both before eligible for importation into the United with DOT markings; (b) installation of and after that date. To the extent States. The vehicles which Champagne U.S.-model front and rear sidemarker/ possible, comments filed after the believes are substantially similar are reflector assemblies; (c) installation of closing date will also be considered. 1987–1989 Bentley passenger cars that U.S.-model taillamp assemblies; (d) Notice of final action on the petition were manufactured for importation into, installation of high mounted stop lamps. will be published in the Federal and sale in, the United States and Standard No. 110 Tire Selection and Register pursuant to the authority certified by their manufacturer as Rims: installation of a tire information indicated below. conforming to all applicable Federal placard. motor vehicle safety standards. Standard No. 111 Rearview Mirror: Authority: 49 U.S.C. 30141(a)(1)(A) and The petitioner claims that it carefully replacement of the convex passenger (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. compared non-U.S. certified 1987–1989 side rearview mirror. Bentley passenger cars to their U.S. Standard No. 114 Theft Protection: Issued on: April 6, 2000. certified counterparts, and found the installation of a warning buzzer Marilynne Jacobs, vehicles to be substantially similar with microswitch in the steering lock Director, Office of Vehicle Safety Compliance. respect to compliance with most Federal assembly and a warning buzzer. [FR Doc. 00–8938 Filed 4–10–00; 8:45 am] motor vehicle safety standards. Standard No. 118 Power Window Champagne submitted information Systems: rewiring of the power window BILLING CODE 4910±59±P with its petition intended to system so that the window transport is demonstrate that non-U.S. certified inoperative when the ignition is DEPARTMENT OF TRANSPORTATION 1987–1989 Bentley passenger cars, as switched off. originally manufactured, conform to Standard No. 208 Occupant Crash National Highway Traffic Safety many Federal motor vehicle safety Protection: (a) installation of a U.S.- Administration standards in the same manner as their model seat belt in the driver’s position, U.S. certified counterparts, or are or a belt webbing-actuated microswitch [Docket No. NHTSA±2000±7173] capable of being readily altered to inside the driver’s seat belt retractor; (b) Notice of Receipt of Petition for conform to those standards. installation of an ignition switch- Decision that Nonconforming 1988± Specifically, the petitioner claims that actuated seat belt warning lamp and 1990 Jaguar XJS and XJ6 Passenger non-U.S. certified 1987–1989 Bentley buzzer; (c) installation of automatic lap Cars Are Eligible for Importation passenger cars are identical to their U.S. and shoulder belts at each front certified counterparts with respect to designated seating position. The AGENCY: National Highway Traffic compliance with Standards Nos. 102 petitioner states that the vehicles are Safety Administration, DOT. Transmission Shift Lever Sequence equipped with combination lap and ACTION: Notice of receipt of petition for ****, 103 Defrosting and Defogging shoulder restraints that release by decision that nonconforming 1988–1990 Systems, 104 Windshield Wiping and means of a single push button at both Jaguar XJS and XJ6 passenger cars are Washing Systems, 105 Hydraulic Brake rear outboard designated seating eligible for importation. Systems, 106 Brake Hoses, 109 New positions, and with a lap belt in the rear Pneumatic Tires, 113 Hood Latch center designated seating position. SUMMARY: This document announces Systems, 116 Brake Fluid, 124 Standard No. 214 Side Impact receipt by the National Highway Traffic Accelerator Control Systems, 201 Protection: installation of reinforcing Safety Administration (NHTSA) of a Occupant Protection in Interior Impact, beams. petition for a decision that 1988–1990

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Jaguar XJS and XJ6 passenger cars that substantially similar are 1988–1990 failure indicator lamp; (b) replacement were not originally manufactured to Jaguar XJS and XJ6 passenger cars that of the speedometer with one calibrated comply with all applicable Federal were manufactured for importation into, in miles per hour. The petitioner states motor vehicle safety standards are and sale in, the United States and that owing to a shortage of dealer eligible for importation into the United certified by their manufacturer as available parts for earlier models, these States because (1) they are substantially conforming to all applicable Federal parts may be purchased from similar to vehicles that were originally motor vehicle safety standards. aftermarket Jaguar suppliers, and that in manufactured for importation into and The petitioner claims that it carefully some cases the instrument clusters will sale in the United States and that were compared non-U.S. certified 1988–1990 be replaced with complete units as certified by their manufacturer as Jaguar XJS and XJ6 passenger cars to opposed to individual parts. complying with the safety standards, their U.S.-certified counterparts, and Standard No. 108 Lamps, Reflective and (2) they are capable of being readily found the vehicles to be substantially Devices and Associated Equipment: altered to conform to the standards. similar with respect to compliance with Inspection of all vehicles, and, where DATES: The closing date for comments most Federal motor vehicle safety necessary, (a) installation of U.S.-model on the petition is May 11, 2000. standards. headlamps and front sidemarker lamps; J.K. submitted information with its ADDRESSES: Comments should refer to (b) installation of U.S.-model taillamp the docket number and notice number, petition intended to demonstrate that assemblies which incorporate rear and be submitted to: Docket non-U.S. certified 1988–1990 Jaguar XJS sidemarker lights; (c) installation of a Management, Room PL–401, 400 and XJ6 passenger cars, as originally U.S.-model high mounted stop lamp. manufactured, conform to many Federal Seventh St., SW, Washington, DC Standard No. 110 Tire Selection and motor vehicle safety standards in the 20590. [Docket hours are from 9 am to Rims: installation of a tire information same manner as their U.S. certified 5 pm]. placard on vehicles that are not already counterparts, or are capable of being so equipped. FOR FURTHER INFORMATION CONTACT: readily altered to conform to those George Entwistle, Office of Vehicle Standard No. 111 Rearview Mirror: standards. replacement of the passenger side Safety Compliance, NHTSA (202–366– Specifically, the petitioner claims that rearview mirror with a U.S.-model 5306). non-U.S. certified 1988–1990 Jaguar XJS component on vehicles that are not SUPPLEMENTARY INFORMATION: and XJ6 passenger cars are identical to already so equipped. their U.S. certified counterparts with Background respect to compliance with Standard Standard No. 114 Theft Protection: Under 49 U.S.C. 30141(a)(1)(A), a Nos. 102 Transmission Shift Lever installation of a warning buzzer and a motor vehicle that was not originally Sequence . . . ., 103 Defrosting and warning buzzer microswitch in the manufactured to conform to all Defogging Systems, 104 Windshield steering lock assembly on vehicles that applicable Federal motor vehicle safety Wiping and Washing Systems, 105 are not already so equipped. standards shall be refused admission Hydraulic Brake Systems, 106 Brake Standard No. 118 Power Window into the United States unless NHTSA Hoses, 109 New Pneumatic Tires, 113 Systems: installation, on vehicles that has decided that the motor vehicle is Hood Latch Systems, 116 Brake Fluid, are not already so equipped, of a relay substantially similar to a motor vehicle 124 Accelerator Control Systems, 201 in the power window system so that the originally manufactured for importation Occupant Protection in Interior Impact, window transport is inoperative when into and sale in the United States, 202 Head Restraints, 203 Impact the ignition is switched off. certified under 49 U.S.C. 30115, and of Protection for the Driver from the Standard No. 208 Occupant Crash the same model year as the model of the Steering Control System (for all vehicles Protection: motor vehicle to be compared, and is except the 1990 Jaguar XJS, to which the All vehicles: installation of a safety capable of being readily altered to standard is inapplicable because the belt warning buzzer, wired to the conform to all applicable Federal motor vehicle meets the frontal barrier crash driver’s seat belt latch. vehicle safety standards. test requirements in paragraph S5.1 of 1988–1989 Jaguar XJS and the 1988– Petitions for eligibility decisions may Standard No. 208), 204 Steering Control 1990 Jaguar XJS: replacement of the be submitted by either manufacturers or Rearward Displacement, 205 Glazing motorized automatic belts with U.S.- importers who have registered with Materials, 206 Door Locks and Door model components on vehicles that are NHTSA pursuant to 49 CFR part 592. As Retention Components, 207 Seating not already so equipped. The petitioner specified in 49 CFR 593.7, NHTSA Systems, 209 Seat Belt Assemblies, 210 states that these vehicles are equipped publishes notice in the Federal Register Seat Belt Assembly Anchorages, 212 with combination lap and shoulder belts of each petition that it receives, and Windshield Retention, 216 Roof Crush at the rear outboard seating positions affords interested persons an Resistance, 219 Windshield Zone and with a lap belt at the rear center opportunity to comment on the petition. Intrusion, 301 Fuel System Integrity, and seating position. At the close of the comment period, 302 Flammability of Interior Materials. 1990 Jaguar XJS: replacement of the NHTSA decides, on the basis of the Additionally, the petitioner states that driver’s side air bag and knee bolster petition and any comments that it has non-U.S. certified 1988–1990 Jaguar XJS with U.S.-model components on received, whether the vehicle is eligible and XJ6 passenger cars comply with the vehicles that are not already so for importation. The agency then Bumper Standard found in 49 CFR Part equipped. The petitioner states that publishes this decision in the Federal 581. these vehicles are equipped with Register. Petitioner also contends that the combination lap and shoulder belts at J.K. Technologies of Baltimore, vehicles are capable of being readily the front and rear outboard seating Maryland (‘‘J.K.’’)(Registered Importer altered to meet the following standards, positions, and ‘‘with rear center seat lap 90–006) has petitioned NHTSA to in the manner indicated: belt.’’ decide whether 1988–1990 Jaguar XJS Standard No. 101 Controls and Standard No. 214 Side Impact and XJ6 passenger cars are eligible for Displays: (a) substitution of a lens Protection: installation of U.S.-model importation into the United States. The marked ‘‘Brake’’ for a lens with a doorbars in vehicles that are not already vehicles which J.K. believes are noncomplying symbol on the brake so equipped.

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The petitioner states that all vehicles program is working reasonably well, but Carrier Safety Administration; and the will be inspected prior to importation to could be improved through Federal Railroad Administration. ensure that they comply with the parts Departmentwide strategic planning and The HMPE team examined the marking requirements of the Theft program coordination, more focused Federal hazardous materials Prevention Standard at 49 CFR Part 541, delivery, and better data. To address transportation law, the program and that these markings will be these findings, the program evaluation structure defined by the delegation of embossed or engraved on any required recommended that DOT establish a focal authority within DOT, and assessed parts from which they are missing. point to administer and deliver a program delivery. The HMPE was The petitioner also states that a Departmentwide hazardous materials intended to determine the effectiveness vehicle identification plate must be program, aimed at intermodal and cross- of DOT’s current hazardous material affixed to the vehicle near the left modal issues, to provide for more programs, including the division of windshield post and a reference and effective deployment of its resources. responsibilities across and within certification label must be affixed in the DOT should also place more emphasis modes, and the allocation of resources area of the left front door post to meet on hazardous materials safety in its dedicated to specific functions. The the requirements of 49 CFR Part 565. Strategic and Performance Plan(s) to HMPE focused on cross-modal issues, Interested persons are invited to better guide program delivery and including an analysis and critique of submit comments on the petition measure results. Furthermore, the DOT’s current program intervention described above. Comments should refer program evaluation recommended that tools (regulation, education, training, to the docket number and be submitted the Department develop DOT-wide outreach, inspection, and enforcement). to: Docket Management, Room PL–401, strategies to focus more on high-risk or The scope of the HMPE included 400 Seventh St., SW, Washington, DC problem shippers through targeted those activities covered by 49 CFR parts 20590. [Docket hours are from 9 am to outreach activities and inspections, and 106 (Rulemaking Procedures) and 107 5 pm]. It is requested but not required strengthen its training standards to (Hazardous Materials Program that 10 copies be submitted. improve industry safety practices and Procedures), and the Hazardous All comments received before the compliance with the hazardous Materials Regulations (HMR), 49 CFR close of business on the closing date materials regulations to reduce parts 171–180. International shipments indicated above will be considered, and incidents. The program evaluation also of hazardous materials were also will be available for examination in the recommended that DOT take steps to included in the scope of the HMPE to docket at the above address both before improve its hazardous materials data permit a review of the International and after that date. To the extent Departmentwide and develop ways to Maritime Dangerous Goods Code possible, comments filed after the increase data availability and (IMDG) and the International Civil closing date will also be considered. usefulness. The results of the Hazardous Aviation Organization’s Technical Notice of final action on the petition Materials Program Evaluation (HMPE) Instructions on the Transportation of will be published in the Federal are intended to improve the Dangerous Goods by Air (ICAO), both of Register pursuant to the authority effectiveness and efficiency of the which are authorized by HMR as indicated below. Department’s hazardous materials alternative standards for many of the Authority: 49 U.S.C. 30141(a)(1)(A) and program. Copies of the Executive requirements in the HMR for shipments (b)(1); 49 CFR 593.8; delegations of authority Summary and full report are available destined for import export. at 49 CFR 1.50 and 501.8. electronically through DOT at: http:// II. Findings Issued on: April 6, 2000. hazmat.dot.gov/hmpe.htm. Marilynne Jacobs, FOR FURTHER INFORMATION CONTACT: There are roughly 300 million Director, Office of Vehicle Safety Compliance. Jackie A. Goff, Esq., 202–493–0326, or hazardous materials shipments in the [FR Doc. 00–8939 Filed 4–10–00; 8:45 am] George A. Whitney, 202–366–4831, nation each year and the vast majority of these shipments arrive at their BILLING CODE 4910±59±P HMPE Co-Chairs, U.S. Department of Transportation; 400 Seventh Street SW, destinations safely. In 1998, there were Washington, DC 20590–0001. 15,322 reported hazardous materials DEPARTMENT OF TRANSPORTATION incidents, including 429 serious SUPPLEMENTARY INFORMATION: incidents; 13 deaths; and 198 injuries. Office of the Secretary I. Background Although this is a relatively good safety record, given the total amount of Research and Special Programs On March 9, 1999, DOT published a shipments and movements, there Administration Notice in the Federal Register (64 FR remains the potential for catastrophic 11528) announcing the initiation of an incidents in the transportation of Results of a Departmentwide Program internal Departmentwide Program hazardous materials where multiple Evaluation of the Hazardous Materials Evaluation of the Hazardous Materials fatalities, serious injuries, large-scale Transportation Programs (HMPE) Transportation Programs. In that Notice evacuations, and other costs to society AGENCY: Office of Inspector General it was announced that the HMPE team could result. (OIG) and Research and Special was being jointly lead by the Office of Total tons of hazardous materials Programs Administration (RSPA), DOT. Inspector General (OIG) and the produced are forecast to grow by 2 ACTION: Notice of Findings and Research and Special Programs percent per year. Growth in the amount Recommendations. Administration (RSPA). The HMPE of hazardous materials transported by team was staffed by 10 full-time air and intermodally could be 4 times SUMMARY: This notice announces the persons, including at least one full-time and 3 times faster, respectively, than the completion of a Departmentwide person from the OIG and RSPA and overall production growth. Therefore, Program Evaluation of the Hazardous each of the following DOT Operating the potential risk to the public may also Materials Transportation Programs. The Administrations: the United States increase unless effective safeguards are program evaluation found that the Coast Guard; the Federal Aviation in place. The Department has Department’s hazardous materials Administration; the Federal Motor responsibility for protecting the public

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Strike force operations direction necessary to ensure effective materials incidents and address these concentrate inspectors from the deployment of resources, and there are through Departmentwide hazardous Operating Administrations and other insufficient reliable data upon which to materials actions and broader safety Federal, state, and local agencies at make informed program decisions. The program initiatives. intermodal locations for a specific time program evaluation’s major findings • In addition, a number of areas were period to conduct hazardous materials were: identified requiring further analysis or inspections of more than one mode of • The Secretarial delegations do not other actions related to: better transportation using that targeted provide for Departmentwide understanding undeclared shipments; location. In addition to enforcing coordination or oversight of the five the complexity and adequacy of the compliance, strike force operations can Operating Administrations responsible current regulations; safety gaps related be used to train inspectors from one for ensuring hazardous materials safety. to hazardous materials shipments in the Operating Administration on the issues, To address this, DOT needs to establish US mail; enhanced inspection authority; problems, and regulatory requirements a focal point to administer and deliver and ways to improve DOT’s current of other Operating Administrations. a Departmentwide hazardous materials performance measure. • Enriching the quality of hazardous program, aimed at intermodal and cross- III. Recommendations materials data by tasking the Bureau of modal issues, to provide for more Transportation Statistics to work with effective deployment of resources. DOT The HMPE team recommends the the Operating Administrations to should also place more emphasis on hazardous materials program be determine data needs, collection hazardous materials safety in its improved by: • strategies, and analytical techniques. Strategic and Performance Plan(s) to Strengthening strategic planning • Having the new institutional better guide program delivery and and coordination by establishing an capacity address several regulatory and measure results. institutional capacity in the Department programmatic issues identified by the • Shippers of hazardous materials to administer and deliver a coordinated team during the program evaluation, but generally receive less attention hazardous materials program with the which were too complex or time Departmentwide than carriers, yet they authority to establish Departmentwide consuming for this program evaluation. offer the greatest opportunity to improve policy, program objectives, and Summary findings of the HMPE were safety. Shippers are a common element priorities and focus budget and resource published in the combined DOT across the Operating Administrations, strategies. For example, if analysis of Performance Plan (FY 2001) and Report perform critical functions early in the inspection and incident data revealed (FY 1999) dated March 31, 2000, in transportation stream, and can impact that improper preparation of closure support of the Government Performance safety system-wide. As a result, the devices on plastic drums was becoming and Results Act. An electronic copy of Department needs to develop a problem, the recommended the HMPE Executive Summary and the Departmentwide strategies and actions institutional capacity would be able to full HMPE report is available on the to focus more on high-risk or problem develop Departmentwide objectives and internet at: http://hazmat.dot.gov/ shippers through targeted outreach and strategies to address the issue. hmpe.htm. inspection activities. • Enhancing program delivery by • Human error continues to be the identifying and focusing more on high- Issued in Washington, DC on April 5, 2000. single greatest contributing factor in risk or problem shippers, more Jackie A. Goff, hazardous materials incidents and DOT effectively using all available tools at Co-Chair, Hazardous Materials Program has not been effective in changing this DOT’s disposal, and identifying other Evaluation Team. trend. To address this, in part, DOT critical points in the transportation George A. Whitney, should strengthen its training standards stream for program focus. For example, Co-Chair, Hazardous Materials Program to improve industry safety practices and problem shippers, such as those with Evaluation Team. compliance with the HMR to reduce many hazardous materials incidents, [FR Doc. 00–8847 Filed 4–10–00; 8:45 am] incidents. Also, the traveling public is may be targeted for inspections, while BILLING CODE 4910±60±P largely unaware of the dangers of the infrequent hazardous materials shippers hazardous materials they bring into the may benefit more from outreach. transportation system and the dangerous • Improving outreach aimed at the DEPARTMENT OF TRANSPORTATION consequences of unsafe driver actions traveling public by better educating around vehicles, especially those passengers on what materials are Saint Lawrence Seaway Development transporting hazardous materials. hazardous and should not be carried Corporation Accordingly, DOT needs to develop a aboard, or placed in stowed luggage on, Advisory Board; Notice of Change of coordinated, national campaign to planes, trains, and buses. DOT should Meeting Location increase the traveling public’s also take steps to increase public awareness of the dangers of hazardous awareness about the dangerous The location of the meeting of the materials and reduce the risk of consequences of unsafe driver actions Advisory Board of the Saint Lawrence hazardous materials incidents. around vehicles transporting hazardous Seaway Development Corporation, to be • DOT lacks reliable, accurate, and materials. held at 9 a.m. on Wednesday, April 12, timely data to measure program • Strengthening the training 2000, notice of which was published in effectiveness and make informed regulations and tasking the institutional the Federal Register on March 30 (65 FR program delivery and resource capacity to work with RSPA, the other 17000), has been changed. The new decisions. DOT needs to improve Operating Administrations, and location is the Sheraton West Palm

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Beach Hotel, 630 Clearwater Park Road, Type of Review: Regular. comment in response to the notice. This West Palm Beach, Florida. Affected Public: State, Local or Tribal notice solicits comments for information Issued at Washington, D.C. on April 7, Government. needed to determine the amount of 2000. Estimated Number of Respondents: educational benefits payable to veterans Marc C. Owen, 54. or eligible persons. Estimated Time Per Respondent: 103 Advisory Board Liaison. DATES: Written comments and hours. recommendations on the proposed [FR Doc. 00–9073 Filed 4–10–00; 8:45 am] Estimated Total Annual Burden collection of information should be BILLING CODE 4910±61±M Hours: 5,562. received on or before June 12, 2000. Comments: Comments submitted in ADDRESSES: Submit written comments response to this notice will be on the collection of information to DEPARTMENT OF THE TREASURY summarized and/or included in the Nancy J. Kessinger, Veterans Benefits request for Office of Management and Fiscal Service Administration (20S52), Department of Budget approval. All comments will Veterans Affairs, 810 Vermont Avenue, Financial Management Service; become a matter of public record. NW, Washington, DC 20420. Please refer Proposed Collection of Information: Comments are invited on: (a) Whether to ‘‘OMB Control No. 2900–0073’’ in Final RuleÐAdministrative Offset, the collection of information is any correspondence. Collection of Past-Due Child Support necessary for the proper performance of the functions of the agency, including FOR FURTHER INFORMATION CONTACT: AGENCY: Financial Management Service, whether the information shall have Nancy J. Kessinger at (202) 273–7079 or Fiscal Service, Treasury. practical utility; (b) the accuracy of the FAX (202) 275–5947. SUPPLEMENTARY INFORMATION: Under the ACTION: Notice and request for agency’s estimate of the burden of the comments. collection of information; (c) ways to PRA of 1995 (Public Law 104–13; 44 enhance the quality, utility, and clarity U.S.C., 3501–3520), Federal agencies SUMMARY: The Financial Management of the information to be collected; (d) must obtain approval from the Office of Service, as part of its continuing effort ways to minimize the burden of the Management and Budget (OMB) for each to reduce paperwork and respondent collection of information on collection of information they conduct burden, invites the general public and respondents, including through the use or sponsor. This request for comment is other Federal agencies to take this of automated collection techniques or being made pursuant to Section opportunity to comment on a other forms of information technology; 3506(c)(2)(A) of the PRA. continuing information collection. By and (e) estimates of capital or start-up With respect to the following this notice, the Financial Management costs and costs of operation, collection of information, VBA invites Service solicits comments concerning maintenance and purchase of services to comments on: (1) Whether the proposed the ‘‘Final Rule—Administrative Offset, provide information. collection of information is necessary Collection of Past-Due Child Support’’. for the proper performance of VBA’s Dated: April 4, 2000. functions, including whether the DATES: Written comments should be Nancy C. Fleetwood, received on or before June 12, 2000. information will have practical utility; Assistant Commissioner, Debt Management (2) the accuracy of VBA’s estimate of the ADDRESSES: Direct all written comments Services. burden of the proposed collection of to Financial Management Service, 3700 [FR Doc. 00–8860 Filed 4–10–00; 8:45 am] information; (3) ways to enhance the East West Highway, Programs Branch, BILLING CODE 4810±35±M quality, utility, and clarity of the Room 144, Hyattsville, Maryland 20782. information to be collected; and (4) FOR FURTHER INFORMATION CONTACT: ways to minimize the burden of the Requests for additional information DEPARTMENT OF VETERANS collection of information on should be directed to Mary MacLeod, AFFAIRS respondents, including through the use Manager, Customer Liaison Branch, [OMB Control No. 2900±0073] of automated collection techniques or Room 439F, 401—14th Street, SW, the use of other forms of information Washington, DC 20227, (202) 874–7451. Proposed Information Collection technology. SUPPLEMENTARY INFORMATION: Pursuant Activity: Proposed Collection; Title: Enrollment Certification, VA to the Paperwork Reduction Act of 1995, Comment Request Form 22–1999. (NOTE: A reference to (44 U.S.C. 3506(c)(2)(A)), the Financial VA Form 22–1999 also includes VA Management Service solicits comments AGENCY: Veterans Benefits Forms 22–1999–1, 22–1999–2, and 22– on the collection of information Administration, Department of Veterans 1999–3 unless otherwise specified. VA described below. Affairs. Forms 22–1999–1, 22–1999–2, and 22– Title: Final Rule—Administrative ACTION: Notice. 1999–3 contain the same information as Offset, Collection of Past-Due Child VA Form 22–1999.) Support. SUMMARY: The Veterans Benefits OMB Control Number: 2900–0073. OMB Number: 1510–0069. Administration (VBA), Department of Type of Review: Extension of a Form Number: N/A. Veterans Affairs (VA), is announcing an currently approved collection. Abstract: The Debt Collection opportunity for public comment on the Abstract: Educational institutions and Improvement Act of 1996 authorizes the proposed collection of certain job establishments use VA Form 22– collection of past-due child support by information by the agency. Under the 1999 to report information concerning offset of nontax Federal payments. Paperwork Reduction Act (PRA) of the enrollment or reenrollment into Executive Order 13019 of September 28, 1995, Federal agencies are required to training of veterans, service persons, 1996, requires Treasury to promptly publish notice in the Federal Register reservists, and other eligible persons. develop and implement procedures concerning each proposed collection of The information collected on VA Form necessary to implement this authority. information, including each proposed 22–1999 is used by VA to determine the Current Actions: Extension of extension of a currently approved amount of educational benefits payable currently approved collection. collection, and allow 60 days for public to the trainee during the period of

VerDate 202000 19:47 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM pfrm11 PsN: 11APN1 19434 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices enrollment or training and to determine Administration (193B1), Department of Dated: March 17, 2000. whether the trainee has requested an Veterans Affairs, 810 Vermont Avenue, Donald L. Neilson, advanced payment of benefits. Without NW, Washington, DC 20420. Please refer Director, Information Management Service. the information, VA would not have a to ‘‘OMB Control No. 2900–NEW’’ in [FR Doc. 00–8975 Filed 4–10–00; 8:45 am] basis upon which to make payment. any correspondence. BILLING CODE 8320±01±P Affected Public: Not-for-profit FOR FURTHER INFORMATION CONTACT: Ann institutions, Business or other for-profit, W. Bickoff (202) 273–8310 or FAX (202) and State, Local or Tribal Government. 273–9381. DEPARTMENT OF VETERANS Estimated Annual Burden: 120,975 AFFAIRS hours. SUPPLEMENTARY INFORMATION: Under the Estimated Average Burden Per PRA of 1995 (Public Law 104–13; 44 [OMB Control No. 2900±0180] Respondent: 10 minutes. U.S.C., 3501–3520), Federal agencies Proposed Information Collection Frequency of Response: On occasion must obtain approval from the Office of (The number of responses per Activity: Proposed Collection; Management and Budget (OMB) for each Comment Request respondent will vary according to the collection of information they conduct number of trainees who receive VA or sponsor. This request for comment is AGENCY: Veterans Benefits benefits at the educational institution or being made pursuant to Section Administration, Department of Veterans job training establishment during a 12- 3506(c)(2)(A) of the PRA. Affairs. month period). With respect to the following ACTION: Notice. Estimated Annual Responses: collection of information, VHA invites 725,802. SUMMARY: comments on: (1) Whether the proposed The Veterans Benefits Estimated Number of Respondents: Administration (VBA), Department of 7,514. collection of information is necessary for the proper performance of VHA’s Veterans Affairs (VA), is announcing an Dated: March 23, 2000. functions, including whether the opportunity for public comment on the By direction of the Secretary. information will have practical utility; proposed collection of certain Donald L. Neilson, (2) the accuracy of VHA’s estimate of information by the agency. Under the Paperwork Reduction Act (PRA) of Director, Information Management Service. the burden of the proposed collection of information; (3) ways to enhance the 1995, Federal agencies are required to [FR Doc. 00–8859 Filed 4–10–00; 8:45 am] publish notice in the Federal Register BILLING CODE 8320±01±P quality, utility, and clarity of the information to be collected; and (4) concerning each proposed collection of ways to minimize the burden of the information, including each proposed DEPARTMENT OF VETERANS collection of information on reinstatement, without change, of a AFFAIRS respondents, including through the use previously approved collection for of automated collection techniques or which approval has expired, and allow [OMB Control No. 2900±NEW] the use of other forms of information 60 days for public comment in response technology. to the notice. This notice solicits Proposed Information Collection comments for information needed to Activity: Proposed Collection; Title: Study of Individuals at Risk for determine whether or not proprietary Comment Request Stress Related Illness, VA Form 10– education institutions receiving Federal 21036(NR). AGENCY: Veterans Health financial assistance are in compliance Administration, Department of Veterans OMB Control Number: 2900–NEW. with the applicable civil rights statute Affairs. Type of Review: New collection. and regulations. ACTION: Notice. Abstract: This survey collection is DATES: Written comments and intended for the development of recommendations on the proposed SUMMARY: The Veterans Health ‘‘psychological and biomedical collection of information should be Administration (VHA), Department of measurements for early identification of received on or before June 12, 2000. Veterans Affairs (VA), is announcing an individuals at risk for stress-related ADDRESSES: Submit written comments opportunity for public comment on the illness.’’ VA proposes to design and on the collection of information to proposed collection of certain validate a psychometrically sound Nancy J. Kessinger, Veterans Benefits information by the agency. Under the inventory of psychosocial risk and Administration (20S52), Department of Paperwork Reduction Act (PRA) of resilience factors that will be Veterans Affairs, 810 Vermont Avenue, 1995, Federal agencies are required to empirically related to self-reported NW, Washington, DC 20420. Please refer publish notice in the Federal Register physical and mental health and health- to ‘‘OMB Control No. 2900–0180’’ in concerning each proposed collection of related quality of life in Gulf War any correspondence. information, including each proposed veterans. The inventory will include FOR FURTHER INFORMATION CONTACT: new collection, and allow 60 days for assessments of multiple dimensions of Nancy J. Kessinger at (202) 273–7079 or public comment in response to the war-zone stress, predeployment FAX (202) 275–5947. notice. This notice solicits comments for vulnerabilities, and reentry-postwar SUPPLEMENTARY INFORMATION: Under the information needed to identify circumstances. PRA of 1995 (Pub. L. 104–13; 44 U.S.C., individuals at risk for stress-related Affected Public: Individuals or 3501–3520), Federal agencies must illnesses. households. obtain approval from the Office of DATES: Written comments and Estimated Annual Burden: 525 hours. Management and Budget (OMB) for each recommendations on the proposed collection of information they conduct Estimated Average Burden Per collection of information should be or sponsor. This request for comment is Respondent: 45 minutes. received on or before June 12, 2000. being made pursuant to Section ADDRESSES: Submit written comments Frequency of Response: One time. 3506(c)(2)(A) of the PRA. on the collection of information to Ann Estimated Number of Respondents: With respect to the following W. Bickoff, Veterans Health 700. collection of information, VBA invites

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Veterans Benefits quality, utility, and clarity of the Administration, Department of Veterans FOR FURTHER INFORMATION OR A COPY OF information to be collected; and (4) Affairs. THE SUBMISSION CONTACT: Denise ways to minimize the burden of the ACTION: Notice. McLamb, Information Management collection of information on Service (045A4), Department of SUMMARY: respondents, including through the use In compliance with the Veterans Affairs, 810 Vermont Avenue, Paperwork Reduction Act (PRA) of 1995 of automated collection techniques or NW, Washington, DC 20420, (202) 273– (44 U.S.C., 3501 et seq.), this notice the use of other forms of information 8030 or FAX (202) 273–5981. Please announces that the Veterans Benefits technology. refer to ‘‘OMB Control No. 2900–0104.’’ Administration (VBA), Department of Title: Compliance Report of Veterans Affairs, has submitted the Proprietary Institutions, VA Form 27– SUPPLEMENTARY INFORMATION: collection of information abstracted 4274. Title: Report of Accidental Injury in below to the Office of Management and OMB Control Number: 2900–0180. Support of Claim for Compensation or Budget (OMB) for review and comment. Type of Review: Reinstatement, Pension, VA Form 21–4176. The PRA submission describes the without change, of a previously OMB Control Number: 2900–0104. nature of the information collection and approved collection for which approval Type of Review: Extension of a its expected cost and burden; it includes has expired. currently approved collection. the actual data collection instrument. Abstract: VA Form 27–4274 is used to Abstract: The form is used in support DATES: Comments must be submitted on determine whether or not proprietary of claims for disability benefits based on or before May 11, 2000. educational institutions receiving a disability that is the result of an Federal financial assistance are in accident. The information given by the FOR FURTHER INFORMATION OR A COPY OF compliance with applicable civil rights veteran is used as a source to gather THE SUBMISSION CONTACT: Denise statute and regulations. The collected specific data regarding the accident and McLamb, Information Management information is used to identify areas that to afford the veteran an opportunity to Service (045A4), Department of may indicate, statistically, disparate provide information from his or her own Veterans Affairs, 810 Vermont Avenue, treatment of minority group members. knowledge regarding the accident. NW, Washington, DC 20420, (202) 273– Affected Public: Business or other for- An agency may not conduct or 8030 or FAX (202) 273–5981. Please profit. sponsor, and a person is not required to refer to ‘‘OMB Control No. 2900–0105.’’ Estimated Annual Burden: 124 hours. respond to a collection of information SUPPLEMENTARY INFORMATION: Estimated Average Burden Per unless it displays a currently valid OMB Title: Statement of Witness to Respondent: 60 minutes. control number. The Federal Register Accident, VA Form Letter 21–806. Frequency of Response: On occasion. OMB Control Number: 2900–0105. Notice with a 60-day comment period Type of Review: Extension of a Estimated Number of Respondents: soliciting comments on this collection 124. currently approved collection. of information was published on Abstract: The form letter is used to Dated: March 24, 2000. November 29, 1999, at page 66693. gather information to support veterans’ By direction of the Secretary. Affected Public: Individuals or claims for disability benefits based on Donald L. Neilson, households. disability(ies) which is/are the result of Director, Information Management Service. Estimated Annual Burden: 2,200 an accident. The information given by a [FR Doc. 00–8976 Filed 4–10–00; 8:45 am] hours. witness to the accident is used as a BILLING CODE 8320±01±U Estimated Average Burden Per source to gather specific data regarding Respondent: 30 minutes. the accident and to obtain from the Frequency of Response: On occasion. witness opinions as well as facts based DEPARTMENT OF VETERANS Estimated Number of Respondents: on his or her own knowledge and beliefs AFFAIRS 4,400. regarding the accident. Benefits may be Send comments and [OMB Control No. 2900±0104] paid if a disability is incurred in the line recommendations concerning any of duty and is not the result of the Agency Information Collection aspect of the information collection to veteran’s own willful misconduct. Activities Under OMB Review VA’s OMB Desk Officer, Allison Eydt, An agency may not conduct or OMB Human Resources and Housing sponsor, and a person is not required to AGENCY: Veterans Benefits Branch, New Executive Office Building, respond to a collection of information Administration, Department of Veterans Room 10235, Washington, DC 20503 unless it displays a currently valid OMB Affairs. (202) 395–4650. Please refer to ‘‘OMB control number. The Federal Register ACTION: Notice. Control No. 2900–0104’’ in any Notice with a 60-day comment period correspondence. soliciting comments on this collection SUMMARY: In compliance with the Dated: March 2, 2000. of information was published on Paperwork Reduction Act (PRA) of 1995 November 29, 1999, on pages 66693 and By direction of the Secretary. (44 U.S.C., 3501 et seq.), this notice 66694. announces that the Veterans Benefits Donald L. Neilson, Affected Public: Individuals or Administration (VBA), Department of Director, Information Management Service. households. Veterans Affairs, has submitted the [FR Doc. 00–8977 Filed 4–10–00; 8:45 am] Estimated Annual Burden: 4,400 collection of information abstracted BILLING CODE 8320±01±U hours.

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Estimated Average Burden Per Abstract: VA grants for specially its expected cost and burden; it includes Respondent: 20 minutes. adapted housing and special housing the actual data collection instrument. Frequency of Response: On occasion. adaptations for disabled veterans are DATES: Comments must be submitted on Estimated Number of Respondents: authorized under Title 38, U.S.C., or before May 11, 2000. 13,200. 2101(a) and (b). VA Form 26–4555 is FOR FURTHER INFORMATION OR A COPY OF Send comments and used to gather information to determine THE SUBMISSION CONTACT: Denise recommendations concerning any the veteran’s eligibility to specially McLamb, Information Management aspect of the information collection to adapted housing or special home Service (045A4), Department of VA’s OMB Desk Officer, Allison Eydt, adaptation grant. Veterans Affairs, 810 Vermont Avenue, OMB Human Resources and Housing An agency may not conduct or NW, Washington, DC 20420, (202) 273– Branch, New Executive Office Building, sponsor, and a person is not required to 8030 or FAX (202) 273–5981. Please Room 12035, Washington, DC 20503 respond to a collection of information refer to ‘‘OMB Control No. 2900–0133.’’ (202) 395–4650. Please refer to ‘‘OMB unless it displays a currently valid OMB SUPPLEMENTARY INFORMATION: Control No. 2900–0105’’ in any control number. The Federal Register correspondence. Notice with a 60-day comment period Title: Application for Amounts on soliciting comments on this collection Deposit for Deceased Veteran, VA Form Dated: March 17, 2000. 21–6898. By direction of the Secretary. of information was published on December 2, 1999, at pages 67624– OMB Control Number: 2900–0133. Sandra S. McIntyre, 67625. Type of Review: Extension of a Management Analyst, Information Affected Public: Individuals or currently approved collection. Management Service. households. Abstract: VA Form 21–6898 is used to [FR Doc. 00–8978 Filed 4–10–00; 8:45 am] Estimated Annual Burden: 133 hours. determine the individual(s) who may be BILLING CODE 8320±01±U Estimated Average Burden Per entitled to accrued benefits of deceased Respondent: 10 minutes. beneficiaries. Frequency of Response: On occasion. An agency may not conduct or DEPARTMENT OF VETERANS Estimated Number of Respondents: sponsor, and a person is not required to AFFAIRS 800. respond to a collection of information unless it displays a currently valid OMB [OMB Control No. 2900±0132] Send comments and recommendations concerning any control number. The Federal Register Notice with a 60-day comment period Agency Information Collection aspect of the information collection to soliciting comments on this collection Activities Under OMB Review VA’s OMB Desk Officer, Allison Eydt, OMB Human Resources and Housing of information was published on AGENCY: Veterans Benefits Branch, New Executive Office Building, November 29, 1999, at page 66694. Administration, Department of Veterans Room 12035, Washington, DC 20503 Affected Public: Individuals or Affairs (202) 395–4650. Please refer to ‘‘OMB households. ACTION: Notice. Control No. 2900–0132’’ in any Estimated Annual Burden: 175 hours. correspondence. Estimated Average Burden Per SUMMARY: In compliance with the Respondent: 15 minutes. Paperwork Reduction Act (PRA) of 1995 Dated: March 2, 2000. Frequency of Response: On occasion. (44 U.S.C., 3501 et seq.), this notice By direction of the Secretary. Estimated Number of Respondents: announces that the Veterans Benefits Donald L. Neilson, 700. Administration (VBA), Department of Director, Information Management Service Send comments and Veterans Affairs, has submitted the [FR Doc. 00–8979 Filed 4–10–00; 8:45 am] recommendations concerning any collection of information abstracted BILLING CODE 8320±01±P aspect of the information collection to below to the Office of Management and VA’s OMB Desk Officer, Allison Eydt, Budget (OMB) for review and comment. OMB Human Resources and Housing The PRA submission describes the DEPARTMENT OF VETERANS Branch, New Executive Office Building, nature of the information collection and AFFAIRS Room 10235, Washington, DC 20503 (202) 395–4650. Please refer to ‘‘OMB its expected cost and burden; it includes [OMB Control No. 2900±0133] the actual data collection instrument. Control No. 2900–0133’’ in any DATES: Comments must be submitted on Agency Information Collection correspondence. or before May 11, 2000. Activities Under OMB Review Dated: March 2, 2000. By direction of the Secretary. FOR FURTHER INFORMATION OR A COPY OF AGENCY: Veterans Benefits THE SUBMISSION CONTACT: Denise Administration, Department of Veterans Donald L. Neilson, McLamb, Information Management Affairs. Director, Information Management Service. Service (045A4), Department of ACTION: Notice. [FR Doc. 00–8980 Filed 4–10–00; 8:45 am] Veterans Affairs, 810 Vermont Avenue, BILLING CODE 8320±01±U NW, Washington, DC 20420, (202) 273– SUMMARY: In compliance with the 8030 or FAX (202) 273–5981. Please Paperwork Reduction Act (PRA) of 1995 refer to ‘‘OMB Control No. 2900–0132.’’ (44 U.S.C., 3501 et seq.), this notice DEPARTMENT OF VETERANS SUPPLEMENTARY INFORMATION: announces that the Veterans Benefits AFFAIRS Title: Veteran’s Application in Administration (VBA), Department of Acquiring Specially Adapted Housing Veterans Affairs, has submitted the Fund Availability Under the VA or Special Home Adaptation Grant, VA collection of information abstracted Homeless Providers Grant and Per Form 26–4555. below to the Office of Management and Diem Program OMB Control Number: 2900–0132. Budget (OMB) for review and comment. AGENCY: Department of Veterans Affairs. Type of Review: Extension of a The PRA submission describes the ACTION: Notice. currently approved collection. nature of the information collection and

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SUMMARY: The Department of Veterans Strategic Health Care Group by the of services available in projects funded Affairs is announcing the availability of application deadline. through this grant program may be funds for applications for assistance FOR FURTHER INFORMATION CONTACT: provided to clients who are not under the grant component of VA’s Roger Casey, VA Homeless Providers receiving those services as veterans. Homeless Providers Grant and Per Diem Grant and Per Diem Program, Mental Authority: VA’s Homeless Providers Grant Program. This Notice contains Health Strategic Health Care Group and Per Diem Program is authorized by information concerning the program, (116E), Department of Veterans Affairs, Sections 3 and 4 of Public Law 102–590, the application process, and amount of 810 Vermont Avenue, NW, Washington, Homeless Veterans Comprehensive Service funding available. DC 20420; (toll-free) 1–877–332–0334. Programs Act of 1992 (38 USC 7721 note) and has been extended through Fiscal Year 2003 DATES: An original completed and SUPPLEMENTARY INFORMATION: This by Public Law 106–117. The program is collated grant application (plus three Notice announces the availability of implemented by the final rule codified at 38 completed collated copies) for funds for assistance under VA’s CFR Part 17.700. The final rule was assistance under the VA Homeless Homeless Providers Grant and Per Diem published in the Federal Register on June 1, Providers Grant and Per Diem Program Program for eligible entities to: (1) 1994, and February 27, 1995, and revised must be received in Mental Health Expand existing projects; or (2) develop February 11, 1997. The regulations can be Strategic Health Care Group, new programs or new components of found in their entirety in 38 CFR, Volume 1, Washington, DC, by 4:00 PM Eastern existing projects. This program is Sec. 17.700 through 17.731, revised July 1, authorized by Public Law 102–590, the 1997. Funds made available under this Time on May 31, 2000. Applications Notice are subject to the requirements of may not be sent by facsimile (FAX). In Homeless Veterans Comprehensive those regulations. the interest of fairness to all competing Service Programs Act of 1992, as applicants, this deadline is firm as to amended. Funding applied for under Allocation date and hour, and VA will treat as this Notice may be used for: (1) Approximately $13 million is ineligible for consideration any Remodeling or alteration of existing available for the grant component of this application that is received after the buildings; (2) acquisition of buildings, program. deadline. Applicants should take this acquisition and rehabilitation of practice into account and make early buildings; (3) new construction; and (4) Application Requirements submission of their material to avoid acquisition of vans for outreach to and/ The specific grant application any risk of loss of eligibility brought or transportation for homeless veterans. requirements will be specified in the about by unanticipated delays or other Applicants may apply for more than one application package. The package delivery-related problems. type of assistance. includes all required forms and Although a separate Notice has been FOR A COPY OF THE APPLICATION PACKAGE, certifications. Conditional selections published announcing funding CONTACT: will be made based on criteria described The Grant and Per Diem availability for the Per Diem Component Program at (toll-free) 1–877–332–0334 in the application. Applicants who are of the program, grant applicants seeking conditionally selected will be notified of or download directly from VA’s Special such assistance should indicate this Homeless Assistance Programs and the additional information needed to request on the application submitted for confirm or clarify information provided Initiatives web page at: http:// a grant. The applicants who are awarded www.va.gov/health/homeless/ in the application. Applicants will then grants will not be required to complete have approximately one month to grants.htm. For a document relating to a separate application for per diem the VA Homeless Providers Grant and submit such information. assistance. VA will review those If an applicant is unable to meet any Per Diem Program, see the final rule portions of the grant application that codified at 38 CFR Part 17.700. conditions for grant award within the pertain to per diem. specified time frame, VA reserves the SUBMISSION OF APPLICATION: Original Grant applicants may not receive right to not award funds and to use the completed and collated grant assistance to replace funds provided by funds available for other grant and per application (plus three copies) must be any State or local government to assist diem applicants. submitted to the following address: homeless persons. A proposal for an Mental Health Strategic Health Care existing project that seeks to shift its Dated: April 4, 2000. Group (116E), Department of Veterans focus by changing the population to be Togo D. West, Jr., Affairs, 810 Vermont Avenue, NW, served or the precise mix of services to Secretary of Veterans Affairs. Washington, DC 20420. Applications be offered is not eligible for [FR Doc. 00–8981 Filed 4–10–00; 8:45 am] must be received in the Mental Health consideration. No more than 25 percent BILLING CODE 8320±01±U

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Part II

Environmental Protection Agency 40 CFR Part 434

Coal Mining Point Source Category; Amendments to Effluent Limitations Guidelines and New Source Performance Standards; Proposed Rule

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ENVIRONMENTAL PROTECTION regulation will result in significant No facsimiles (faxes) will be accepted. AGENCY ecological and public safety benefits For information on how to submit that could not be quantified and/or electronic comments see 40 CFR Part 434 monetized. EPA projects that the annual ‘‘SUPPLEMENTARY INFORMATION, How to [FRL±6571±9] compliance cost for this new Submit Comments.’’ subcategory will be $0.33 million to A copy of the supporting documents RIN 2040±AD24 $0.76 million. cited in this proposal is available for EPA estimates that the proposed Coal Mining Point Source Category; review at EPA’s Water Docket; Room Western Alkaline Coal Mining Amendments to Effluent Limitations EB57, 401 M Street, SW, Washington, Subcategory will result in a net cost Guidelines and New Source DC 20460. A copy of the record savings to affected surface mine Performance Standards supporting proposal of a Western operators. The monetized and non- Alkaline Coal Mining Subcategory is AGENCY: Environmental Protection monetized benefits for this subcategory also available for review at the Office of Agency (EPA). are a result of adopting alternative Surface Mining Library, 1999 Broadway, ACTION: Proposed rule. sediment control technologies for 34th Floor, Denver, CO. The public reclamation areas in the arid west. record for this rulemaking has been SUMMARY: EPA proposes to amend the These technologies are projected to established under docket number W– current regulations for the Coal Mining increase the volume of storm water 99–13, and includes supporting Point Source Category by adding two drainage to arid watersheds and avoid documentation, but does not include new subcategories to the existing the disturbance of 26,000 acres, thus any information claimed as Confidential regulation. First, EPA proposes to reducing severe erosion, sedimentation, Business Information (CBI). For access establish a new subcategory that will hydrologic imbalance, and water loss. to docket materials, please call (202) address pre-existing discharges at coal EPA projects that the proposed 260–3027 between 9:00 a.m. and 3:30 remining operations. EPA also proposes subcategory will result in annualized p.m., Monday through Friday, excluding to establish a second new subcategory monetized benefits of $43,000 to Federal holidays, to schedule an that will address drainage from coal $769,000. appointment. For access to docket mining reclamation areas in the arid and materials at the Office of Surface Mining semiarid western United States. This DATES: Comments on the proposed Library, please call (303) 844–1436 proposal would not otherwise change regulation must be received on or before between 8:00 a.m. and 4:00 p.m. to the existing regulations. July 10, 2000. Public meetings will be The establishment of new held during the comment period. schedule an appointment. subcategories has the potential to create Further details of the public meetings, See the SUPPLEMENTARY INFORMATION significant environmental benefits at including dates and specific locations, section for locations of the public little or no additional cost to the will be published in the Federal meetings regarding this proposal. Register at a later date. industry. Establishing the Coal FOR FURTHER INFORMATION CONTACT: For Remining Subcategory will encourage ADDRESSES: Send written comments on additional technical information contact remining activities and will reduce the proposed rule to Mr. Joseph Vitalis John Tinger at (202) 260–4992 or hazards associated with abandoned (4303); U.S. Environmental Protection ‘‘[email protected]’’; or Joseph mine lands. The new subcategory has Agency; 1200 Pennsylvania Ave, NW; Vitalis at (202) 260–7172. For additional the potential to significantly improve Washington, DC 20460. Comments economic information contact Kristen water quality by reducing the discharge delivered by hand should be brought to Strellec at (202) 260–6036 or of acidity, iron, manganese, and sulfate Room 641, West Tower; 401 M Street, ‘‘[email protected]’’. from abandoned mine lands. EPA SW Washington, DC. Please submit any projects total monetized annual benefits references cited in your comments. SUPPLEMENTARY INFORMATION: of $0.70 million to $1.2 million. Submit an original and three copies of Regulated Entities: Entities potentially Additionally, EPA expects that this your written comments and enclosures. regulated by this action include:

SIC NAICS Category Examples of regulated entities codes codes

Industry ...... Operations engaged in the remining of abandoned surface and underground coal mines and coal 1221 212111 refuse piles for remaining coal reserves in areas containing discharges defined as ``pre-exist- 1222 212112 ing'. Operations engaged in coal mine reclamation activities in the arid and semiarid western 1231 212113 coal region.

The preceding table is not intended to questions regarding the applicability of the Remining Subcategory also will be exhaustive, but rather provides a this action to a particular entity, consult likely be held near Charleston, WV; guide for readers regarding entities the person listed for technical Lexington, KY; and Zanesville, OH likely to be regulated by this action. information in the preceding FOR during the public comment period. This table lists the types of entities that FURTHER INFORMATION CONTACT section. Further details of the public meetings, EPA is now aware potentially could be Locations of Public Meetings including dates and specific locations, regulated by this action. Other types of will be published in the Federal entities not listed in the table could also Public meetings regarding proposal of Register at a later date. If you wish to be regulated. To determine whether the Western Alkaline Coal Mining present formal comments at the public your facility is regulated by this action, Subcategory will likely be held in meetings, you should have a written you should carefully examine the Gillette, WY; Flagstaff, AZ; and Denver, copy for submittal. No meeting applicability criteria in § 434.70 and CO during the public comment period. materials will be distributed in advance 434.80 of today’s rule. If you have Public meetings regarding proposal of

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19441 of the public meetings; all materials will Table of Contents Appendix A to the Preamble: be distributed at the meetings. I. Legal Authority Definitions, Acronyms, and Abbreviations II. Background Used in This Document. How to Submit Comments A. Statutory Authorities I. Legal Authority Comments also may be submitted B. Current Requirements for the Coal electronically to [email protected]. Mining Point Source Category These regulations are proposed under Electronic comments must be submitted III. Scope of Proposal the authority of sections 301, 304, 306, as a Word Perfect 5/6/7/8 or ASCII file. A. Coal Remining Subcategory 308, 402, 501, and 502 of the Clean B. Western Alkaline Coal Mining Please avoid using special characters, Subcategory Water Act, 33 U.S.C. 1311, 1314, 1316, form and encryption. Electronic IV. Industry Profile 1318, 1342, 1361, and 1363. comments must be identified with the A. Coal Mining Industry II. Background docket number (W–99–13). EPA also B. Coal Remining Subcategory will accept comments and data on disks C. Western Alkaline Coal Mining A. Statutory Authorities in WP 5/6/7/8 or ASCII file format. Subcategory 1. Clean Water Act Electronic comments on this document V. Summary of Data Collection Activities may be filed online at some Federal A. Expedited Guidelines Approach Congress adopted the Clean Water Act Depository Libraries. No Confidential B. Coal Remining Data Collection (CWA) to ‘‘restore and maintain the Business Information (CBI) should be Activities chemical, physical, and biological sent via e-mail. C. Western Alkaline Coal Mining Data Collection Activities integrity of the Nation’s waters’ (section 101(a), 33 U.S.C. 1251(a)). To achieve Supporting Documentation VI. Development of Proposed Effluent Limitations Guidelines this goal, the CWA prohibits the The proposed regulations are A. Coal Remining Subcategory discharge of pollutants into navigable supported by several key documents: B. Western Alkaline Coal Mining waters except in compliance with the 1. ‘‘Coal Remining Best Management Subcategory statute. The Clean Water Act confronts Practices Guidance Manual’’ (EPA 821– VII. Statistical and Monitoring Procedures for the problem of water pollution on a R–00–007). This document describes the Coal Remining Subcategory number of different fronts. Its primary abandoned mine land conditions and A. Statistical Procedures for the Coal reliance, however, is in establishing the performance of Best Management Remining Subcategory restrictions on the types and amounts of B. Monitoring to Establish Baseline Practices (BMPs) that have been Conditions and to Demonstrate pollutants discharged from various implemented at remining operations for Compliance for the Coal Remining industrial, commercial and public over ten years. The BMP Guidance Subcategory sources of wastewater. Manual is a technical reference C. Additional Pollutant Parameters in Pre- Direct dischargers must comply with document that presents research and existing Discharges effluent limitations in National data concerning the prediction and VIII. Non-Water Quality Environmental Pollutant Discharge Elimination System prevention of acid mine drainage to the Impacts of Proposed Regulations (‘‘NPDES’’) permits; indirect dischargers waters of the United States. IX. Environmental Benefits Analysis must comply with pretreatment 2. ‘‘Coal Remining Statistical Support A. Coal Remining Subcategory standards. These limitations and Document’’ (EPA 821–R–00–001). This B. Western Alkaline Coal Mining Subcategory standards are established by regulation document establishes the statistical X. Economic Analysis for categories of industrial dischargers methodology for establishing baseline A. Introduction, Overview, and Source of and are based on the degree of control conditions and setting discharge limits Data that can be achieved using various at remining sites. B. Method for Estimating Compliance Costs levels of pollution control technology. 3. ‘‘Development Document for C. Costs and Cost Savings of the Regulatory a. Best Practicable Control Proposed Effluent Limitations Options Technology Currently Available (BPT)— Guidelines and Standards for the D. Economic Impacts of Proposed Options Section 304(b)(1) of the CWA. Effluent Western Alkaline Coal Mining E. Additional Impacts F. Cost-effectiveness Analysis limitations guidelines based on BPT Subcategory’’ (EPA 821–R–00–008): G. Cost Benefit Analysis apply to discharges of conventional, This document presents EPA’s technical XI. Administrative Requirements toxic, and non-conventional pollutants conclusions concerning the Western A. Executive Order 12866: Regulatory from existing sources. BPT guidelines Alkaline Mining Subcategory proposal. Planning and Review are generally based on the average of the 4. ‘‘Economic and Environmental B. Regulatory Flexibility Act as Amended best existing performance in terms of Impact Assessment of Proposed Effluent by the Small Business Regulatory pollution control by plants in a Limitations Guidelines and Standards Enforcement Fairness Act of 1996 particular industrial category or for the Coal Mining Industry: Remining (SBREFA), 5 U.S.C. 601 et seq subcategory. In establishing BPT, EPA and Western Alkaline Subcategories’’ C. Unfunded Mandates Reform Act D. Paperwork Reduction Act considers the cost of achieving pollution (EPA–821–B–00–002): This document E. National Technology Transfer and reductions in relation to the pollution presents the methodology employed to Advancement Act reduction benefits, the age of equipment assess economic and environmental F. Executive Order 13132: Federalism and facilities, the processes employed, impacts of the proposed rule and the G. Executive Order 13045: Protection of process changes required, engineering results of the analysis. Children from Environmental Health and aspects of the control technologies, non- Major supporting documents are Safety Risks water quality environmental impacts available from the National Service H. Executive Order 13084: Consultation (including energy requirements), and Center for Environmental Publications and Coordination with Indian Tribal other factors the Administrator deems Governments (NSCEP), 11029 Kenwood Road, I. Plain Language Directive appropriate. CWA Section 304(b)(1)(B). Cincinnati, OH 45242, (800) 490–9198, XII. Solicitation of Data and Comments Where the pollution control http://www.epa.gov/ncepi. You can A. Specific Data and Comment performance of existing sources for a obtain copies of this preamble and rule Solicitations category or subcategory is uniformly at http://www.epa.gov/OST/guide. B. General Solicitation inadequate, EPA may set BPT by

VerDate 202000 20:46 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm11 PsN: 11APP2 19442 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules transferring technology used in a d. New Source Performance Standards deadline of December 2001 for different subcategory or category. (NSPS)—Section 306 of the CWA. NSPS promulgation of these guidelines was b. Best Available Technology reflect effluent reductions that are not modified. achievable based on the best available Economically Achievable (BAT)— 2. Pollution Prevention Act Section 304(b)(2) of the CWA. In demonstrated control technology. New general, BAT effluent limitations facilities have the opportunity to install The Pollution Prevention Act of 1990 guidelines are based on the degree of the best and most efficient production (PPA) (42 U.S.C. 13101 et seq., Pub. L. pollution control achievable by processes and wastewater treatment 101–508, November 5, 1990) ‘‘declares it applying the best available technology technologies. As a result, NSPS should to be the national policy of the United economically achievable for facilities in represent the most stringent controls States that pollution should be the industrial subcategory or category. attainable through the application of the prevented or reduced whenever feasible; The CWA requires BAT for controlling best available control technology for all pollution that cannot be prevented the direct discharge of toxic and non- pollutants (i.e., conventional, should be recycled in an conventional pollutants. The factors nonconventional, and priority environmentally safe manner, whenever considered in determining BAT for a pollutants). In establishing NSPS, EPA feasible; pollution that cannot be category or subcategory include the age is directed to take into consideration the prevented or recycled should be treated of the equipment and facilities involved, cost of achieving the effluent reduction in an environmentally safe manner the process employed, potential process and any non-water quality whenever feasible; and disposal or changes, engineering aspects of the environmental impacts and energy release into the environment should be control technologies, non-water quality requirements. employed only as a last resort * * *’’ environmental impacts (including e. Pretreatment Standards for Existing (Sec. 6602; 42 U.S.C. 13101(b)). In short, energy requirements), and other factors Sources (PSES)—Section 307(b) of the preventing pollution before it is created the Administrator deems appropriate. CWA—and Pretreatment Standards for is preferable to trying to manage, treat EPA retains considerable discretion in New Sources (PSNS)—section 307(b) of or dispose of it after it is created. The PPA directs EPA to, among other assigning the weight to be accorded the CWA. Pretreatment standards are things, ‘‘review regulations of the EPA these factors. Generally, economic designed to prevent the discharge of pollutants to a publicly-owned prior and subsequent to their proposal achievability is determined on the basis to determine their effect on source of total costs to the industrial treatment works (POTW) which pass through, interfere, or are otherwise reduction’’ (Sec. 6604; 42 U.S.C. subcategory and their effect on the 13103(b)(2)). Source reduction reduces overall industry’s (or subcategory’s) incompatible with the operation of the POTW. Since none of the facilities to the generation and release of hazardous financial health. As with BPT, where substances, pollutants, wastes, existing performance is uniformly which this rule applies discharge to a POTW, pretreatment standards are not contaminants, or residuals at the source, inadequate, BAT may be transferred usually within a process. The term from a different subcategory or category. being considered as part of this rulemaking. source reduction ‘‘includes equipment BAT may be based upon process f. CWA Section 304(m) Requirements. or technology modifications, process or changes or internal controls, such as Section 304(m) of the CWA, added by procedure modifications, reformulation product substitution, even when these the Water Quality Act of 1987, requires or redesign of products, substitution of technologies are not common industry EPA to establish schedules for (1) raw materials, and improvements in practice. The CWA does not require reviewing and revising existing effluent housekeeping, maintenance, training or cost-benefit comparison in establishing limitations guidelines and standards inventory control. * * * The term BAT. and (2) promulgating new effluent ‘‘source reduction’’ does not include c. Best Conventional Pollutant Control guidelines. On January 2, 1990 (55 FR any practice which alters the physical, Technology (BCT)—Section 304(b)(4) of 80), EPA published an Effluent chemical, or biological characteristics or the CWA. Guidelines Plan, which established the volume of a hazardous substance, The 1977 amendments to the CWA schedules for developing new and pollutant, or contaminant through a established BCT as an additional level revised effluent guidelines for several process or activity which itself is not of control for discharges of conventional industry categories. The Natural integral to or necessary for the pollutants from point sources other than Resources Defense Council, Inc., production of a product or the providing publicly owned treatment works. In challenged the Effluent Guidelines Plan of a service’’ (42 U.S.C. 13102(5)). In addition to other factors specified in in a suit filed in the U.S. District Court effect, source reduction means reducing section 304(b)(4)(B), the CWA requires for the District of Columbia (NRDC v. the amount of a pollutant that enters a that BCT limitations be established in Browner, Civ. No. 89–2980). On January waste stream or that is otherwise light of a two part ‘‘cost-reasonableness’’ 31, 1992, the Court entered a consent released into the environment prior to test. EPA published a methodology for decree (the ‘‘304(m) Decree’’), which out-of-process recycling, treatment, or the development of BCT limitations established schedules for EPA’s disposal. which became effective August 22, 1986 proposal and promulgation of effluent In this proposed rule, EPA encourages (51 FR 24974, July 9, 1986). guidelines for a number of point source pollution prevention by requiring the Section 304(a)(4) designates the categories. The most recent Effluent use of site-specific Best Management following as conventional pollutants: Guidelines Plan was published in the Practices (BMPs) that are integral to biochemical oxygen demanding Federal Register on September 4, 1998 remining operations in abandoned mine pollutants (measured as BOD5), total (63 FR 47285). This plan required, lands and to reclamation activities in suspended solids (TSS), fecal coliform, among other things, that EPA propose the arid and semiarid western coal pH, and any additional pollutants the Coal Mining Guidelines by regions. These BMPs, under each defined by the Administrator as December 1999 and promulgate the subcategory, are designed and conventional. The Administrator Guidelines by December 2001. On implemented to improve existing designated oil and grease as an November 19, 1999, the court modified conditions and to reduce pollutant additional conventional pollutant on the decree revising the deadline for discharges at the source, thereby July 30, 1979 (44 FR 44501). proposal to March 31, 2000. The reducing the need for treatment.

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B. Current Requirements for the Coal effluent limits for iron, manganese, and areas’’ and ‘‘to address coal remining Mining Point Source Category pH for pre-existing discharges from operations.’’ abandoned mine lands. Instead, a 1. EPA Regulations at 40 CFR Part 434 III. Scope of Proposal permit writer may set site-specific, On October 9, 1985 (50 FR 41296), numerical BAT limits for pre-existing Today, EPA is proposing effluent EPA promulgated effluent limitations discharges determined based on Best limitations and performance standards guidelines and standards that are in Professional Judgement (BPJ). The for the Coal Remining Subcategory and effect today under 40 CFR part 434. permit effluent limits may not allow for the Western Alkaline Coal Mining Currently, there are four subcategories: discharges to exceed pre-existing Subcategory. The new subcategories Coal Preparation Plants and Coal ‘‘baseline’’ levels of iron, manganese, will be added to the existing regulations Preparation Plant Associated Areas; and pH. In addition, the permit for the Coal Mining Point Source Acid or Ferruginous Mine Drainage; applicant must demonstrate that the Category found in 40 CFR part 434. The Alkaline Mine Drainage; and Post- remining operation ‘‘will result in the new subcategories will create a set of Mining Areas. Additionally, there is a potential for improved water quality standards and requirements for the subpart for Miscellaneous Provisions. from the remining operation.’’ The specific waste streams defined in The subcategories include BPT, BAT, Rahall Amendment defines remining as today’s proposal. and NSPS limitations for TSS, pH, iron, ‘‘a coal mining operation which began The existing provisions will continue manganese, and/or settleable solids after February 4, 1987 at a site on which to apply to discharges produced or (SS). coal mining was conducted before generated in active mining areas, which 2. Surface Mining Control and August 3, 1977,’’ which was the include the active mining areas of Reclamation Act effective date of the Surface Mining remining operations. Section 434.11(b) Control and Reclamation Act. Thus, the defines active mining area as ‘‘the area, In 1977, Congress enacted the Surface Rahall Amendment attempted to on and beneath land, used or disturbed Mining Control and Reclamation Act encourage remining by allowing in activity related to the extraction, (SMCRA), 30 U.S.C. 1201 et seq., to operators not to treat degraded pre- removal, or recovery of coal from its address the environmental problems existing discharges to the levels set in natural deposits. This term excludes associated with coal mining on a EPA’s current effluent limitations coal preparation plants, coal preparation nationwide basis. SMCRA created the guidelines for coal mining. plant associated areas and post-mining Office of Surface Mining Reclamation Despite the statutory authority areas.’’ Wastewater discharges produced and Enforcement (OSM) within the provided by the Rahall Amendment, or generated by active coal mining Department of Interior, which is coal mining companies and most States operations will not be affected by this responsible for preparing regulations remain hesitant to pursue remining proposed regulation and will remain and assisting the States financially and without formal EPA approval and subject to the effluent limitations technically to carry out regulatory guidelines. Today’s Document proposes already established in part 434. activities. to establish requirements for Title V of the statute gives OSM broad determining baseline pollutant loadings Additionally, in accordance with authority to regulate specific in pre-existing discharges. It also section 434.61, any waste stream subject management practices before, during, proposes to specify how to determine to this proposed rule that is commingled and after mining operations. OSM has site-specific BAT requirements for with a waste stream subject to another promulgated comprehensive regulations remining operations and how to subpart of part 434 will be required to to control both surface coal mining and demonstrate the potential for meet the most stringent limitations the surface effects of underground coal environmental improvement from a applicable to any component of the mining (30 CFR parts 700 et seq). remining operation. combined waste stream. EPA’s proposed Implementation of these requirements regulatory text simply maintains the 4. Clean Water Action Plan has significantly improved mining current regulatory approach on this practices, control of water pollution, On October 18, 1997, the 25th issue. and protection of other resources. Title anniversary of the enactment of the A. Coal Remining Subcategory IV of SMCRA addresses the problem of Clean Water Act, Vice President Gore presently abandoned coal mines by called for a renewed effort to restore and The effluent limitations and standards authorizing and funding abandoned protect water quality. EPA and other proposed for the Coal Remining mine reclamation projects. Federal agencies were directed to Subcategory apply to pre-existing All mining operations subject to develop a Clean Water Action Plan discharges that are located within areas today’s proposal must also comply with (CWAP) that would continue to provide of a coal remining operation and that are SMCRA requirements. EPA has worked clean water successes and would not commingled with waste streams extensively with OSM in the address three major goals: (1) Enhanced from active mining areas. Coal remining preparation of this proposal in order to protection from public health threats is the mining of surface mine lands, ensure that the requirements proposed caused by water pollution; (2) more underground mine lands, and coal today are consistent with OSM effective control of polluted runoff; and refuse piles that were abandoned prior requirements. (3) promotion of water quality to August 3, 1977. protection on a watershed basis. EPA’s rationale for the proposed 3. Rahall Amendment Based on the efforts of interagency Remining Subcategory is discussed in As part of 1987 amendments to the work groups and comments from the Section VI. CWA, Congress added section 301(p), public, EPA and other Federal agencies B. Western Alkaline Coal Mining often called the Rahall Amendment, to developed the final CWAP on February Subcategory provide incentives for remining 14, 1998. One of several Key Actions abandoned mine lands that pre-date the specifically identified to implement the The effluent limitations and passage of SMCRA in 1977. Section goals of the CWAP was EPA’s project to performance standards for the Western 301(p) provides an exemption for re-examine 40 CFR part 434 to ‘‘better Alkaline Coal Mining Subcategory apply remining operations from the BAT address coal mining in arid western to alkaline mine drainage from

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19444 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules reclamation areas associated with production as recently as 1970. In 1970, While domestic coal production has western coal mining operations. most of the coal produced domestically increased since 1970, fewer operating ‘‘Alkaline mine drainage’’ is defined was mined east of the Mississippi River mines exist today. In 1991, the number in the existing regulations as ‘‘mine (567.8 million tons east of the of mines producing coal was less than drainage which, before any treatment, Mississippi River, compared to 44.9 half the number in 1976 (e.g., 6,553 has a pH equal to or greater than 6.0 and million tons west of the Mississippi mines in 1976 compared to 3,022 mines total iron concentration of less than 10 River). Appalachian coals are in 1991). Coal-fired electric power mg/L.’’ 40 CFR 434.11(c). ‘‘Reclamation predominantly bituminous, with a high generating plants are the largest single area’’ is defined in the existing Btu content and a wide range of sulfur source of domestically produced regulations as ‘‘the surface area of a coal content. Coal in this Region generally primary energy. occurs in beds that tend to be less than mine which has been returned to B. Coal Remining Subcategory required contour and on which 15 feet thick. revegetation (specifically, seeding or There are two distinct coal-producing Coal mining in the eastern United planting) work has commenced.’’ 40 areas in the Interior Region. The Illinois States has been an important industry CFR 434.11(l). EPA is not proposing to Basin, which includes most of Illinois, for several centuries. The lack of make any changes to these existing parts of Indiana and western Kentucky, adequate environmental controls, until definitions. produces high Btu bituminous coal with recently, has produced hundreds of EPA is proposing to define a ‘‘western medium to high sulfur content. The thousands of acres of abandoned mine coal mining operation’’ in arid or second major coal producing area in this land. Prior to passage of SMCRA in semiarid areas as a surface or Region consists of the lignite fields 1977, reclamation of coal mining sites underground coal mining operation within the Coastal Plain along the Gulf was not a Federal requirement, and located in the interior western United of Mexico. drainage from these abandoned mine States, west of the 100th meridian west The Western Coal Region contains lands has become the number one water longitude, in an arid or semiarid extensive deposits of sub-bituminous, quality problem in Appalachia. environment with an average annual low sulfur-content coal. This coal Based on information supplied by the precipitation of 26.0 inches or less. This occurs in thick coal seams and shallow Interstate Mining Compact Commission definition is consistent with the way overburden conditions that enable the (IMCC) and OSM’s Abandoned Mine Land Inventory System (AMLIS), EPA OSM currently identifies and addresses extraction of large volumes at relatively estimates there currently are over 1.1 western coal mining operations (see 30 low cost. Consequently, these coal million acres of abandoned coal mine CFR 701.5 and 30 CFR 816.116) and resources represent a highly competitive lands in the United States. These have with SMCRA’s provisions with respect fuel in the power generation market produced over 9,709 miles of streams to arid and semiarid lands (i.e., based on chemical qualities and cost per polluted by acid mine drainage. In extended liability time frames for areas kilowatt-hour. Production from U.S. surface coal addition, there are over 18,000 miles of with less than 26 inches of annual mines has increased by more than 90 abandoned highwalls, 16,326 acres of precipitation, protection of the alluvial percent since 1970, and there have been dangerous piles and embankments, and valley floors found in the western dramatic changes in the domestic 874 dangerous impoundments. Of the environments, and recognition of production of coal due to environmental land disturbed by coal mining between geological, hydrological and ecological concerns and market demands. 1930 and 1971, only 30 percent has differences found in arid and semiarid Environmental laws have increased been reclaimed to acceptable levels. environments). government regulation of the industry. Several States have indicated that acid EPA discusses the rationale for the In addition, the Clean Air Act emission mine drainage from abandoned coal proposed Western Alkaline Coal Mining requirements to reduce acid rain have mine land is their most serious water Subcategory in Section VI. shifted market demand to lower sulfur pollution problem. IV. Industry Profile content fuel sources. With this change Streams that are impacted by acid in the coal market, coal production in mine drainage characteristically have A. Coal Mining Industry the west has increased, and is now low pH levels (less than 6.0 standard The United States is divided into nearly equal to that in the Appalachian units) and contain high concentrations three major coal producing regions region (Energy Information of sulfate, acidity, dissolved iron and termed the Appalachian, Interior, and Administration, Coal Industry Annual, other metals. These conditions Western regions. The States included in 1997). In 1970, the Appalachian Region commonly will not support fish or other each are as follows: produced a total of 427.6 million tons. aquatic life. The flows from abandoned • Western Coal Region—Alaska, The Interior Region total production mine lands can range from Arizona, California, Colorado, Montana, was 149.9 million tons. By comparison, unmeasurable to huge torrents of New Mexico, North Dakota, Utah, in 1970, the Western Region produced thousands of gallons per minute. Ninety Washington, and Wyoming; only 35.1 million tons. By 1993, the percent of acid mine drainage comes • Appalachian Coal Region— market share of production from eastern from coal mines (mostly underground Alabama, Georgia, Eastern Kentucky, coal mines had dropped to 55 percent mines) that were abandoned prior to the Maryland, Ohio, Pennsylvania, (516.2 million tons), while western enactment of SMCRA. Many of the Tennessee, Virginia and West Virginia; mine output had increased to 45 percent streams impacted by acid mine drainage and (429.2 million tons). could be resources for drinking water • Interior Coal Region—Arkansas, In 1997 the United States produced and the propagation and maintenance of Illinois, Iowa, Kansas, Western 1.09 billion short tons of coal, with the aquatic life, and could support water- Kentucky, Louisiana, Missouri, Appalachian Region producing based recreation if they were Oklahoma, and Texas. approximately 468 million short tons, remediated. Their restoration also Historically, the Appalachian Region the Interior Region producing would contribute to the enhancement of has been the Nation’s most important approximately 172 million short tons regional economies in areas that have source of coal, accounting for about and the Western Region producing been socio-economically disadvantaged three-fourths of the total annual approximately 451 million short tons. for decades.

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Development of modern surface- C. Western Alkaline Coal Mining the washes and arroyos are dry, flowing mining techniques has allowed for more Subcategory only in response to precipitation runoff. efficient removal of coal deposits and EPA is proposing to address western Runoff is frequently characterized by more effective implementation of BMPs alkaline mines which would be defined high volume, high velocity, sediment that provide pollution abatement and as mines that are (1) west of the 100th laden, turbulent flows with tremendous remediation. Consequently, mining is meridian, (2) have annual precipitation kinetic energy. Flows can be expected to now feasible in areas where mining was of 26 inches or less, (3) are in an arid contain sediment concentrations previously uneconomical. or semiarid environment, and (4) ranging upwards to 500,000 mg/L produce alkaline mine drainage. during flash flood runoff events. More than ten years of remining • Vegetation—Areas are characterized under the requirements of the Rahall Western coal producing States qualifying are: Arizona, Colorado, Utah, by discontinuous and sparsely Amendment have demonstrated success distributed grasses, shrubs and trees. in improving abandoned mine land and Montana, New Mexico, Wyoming, and all coal fields in North Dakota located The major vegetation types are desert acid mine drainage. IMCC member grass and brush, and open forests with States have estimated that there are west of the 100th meridian. Coal mining operations in arid and pinyon-juniper and ponderosa pine. currently 150 mining companies in ten semiarid western regions operate under EPA has identified 46 surface coal States involved in remining operations environmental conditions that are mines in the western region that (under either Rahall-type permits or significantly different from those in potentially will be affected by this current 40 CFR part 434 limitations) or other regions of the United States. proposed rule (two percent of the total in operations affecting abandoned mine Western arid and semiarid areas are number of coal mines in the United lands. These companies are producing naturally unstable with highly eroded States). These mines produce at least 25 million tons of coal annually, landscapes that are created by flash approximately one-third of the total and are employing approximately 3,000 flood runoff transporting large volumes annual U.S. coal production. people. To date, approximately 1,072 of sediment. Water resources are V. Summary of Data Collection permits that include coal remining severely limited and highly valuable. Activities operations have been issued. Of these Specific differences include: 1,072 permits, 330 (31 percent) are • Precipitation—Annual precipitation A. Expedited Guidelines Approach Rahall-type permits where the operator averages 26 inches or less, with about EPA is developing this regulation is required to meet a determined one-half occurring as snowfall and one- using an expedited rulemaking process. baseline limit for pre-existing half as rainfall. The average annual This process relies on stakeholder discharges. Approximately 300 of these precipitation received by relevant support to develop the initial Rahall-type permits are in Pennsylvania western coal-producing States are: technology and regulatory options. At alone. Of the 1,072 remining permits, Arizona—13 inches; Colorado—16 various stages of information gathering, 742 (69 percent) are non-Rahall permits inches; Montana—15 inches; New OSM, States, Tribes, industry, EPA and where all discharges must meet current Mexico—13 inches; and Wyoming—13 other stakeholders have presented and effluent limitations. These permits have inches. Rainfall is commonly received discussed their preferred options and tended to be issued at sites where the during localized, high-intensity, short- identified differences in opinion. EPA developed this proposal more quickly effects of acid mine drainage are not as duration thunderstorms. • Temperature—Temperatures than a typical effluent guidelines significant. Remining operations are fluctuate over wide daily ranges of 30° proposal, and the proposal contains less affecting approximately 270 abandoned to 50°F and extreme seasonal ranges information than EPA usually provides coal refuse piles; 1,600 abandoned (¥40° to 115°F). These temperature for effluent guidelines. EPA expects to surface mines; and 1,100 abandoned fluctuations contribute to the physical identify any gaps and gather additional underground mines. Information weathering of surface materials. information through the public provided by IMCC indicates that there • Solar intensity—Solar energy is comment process. are approximately 2,100 coal refuse high and humidity is characteristically EPA encourages full public piles; 2,000 abandoned surface mines very low. As a result, evapotranspiration participation in developing the final (plus 228,000 acres); and over 8,000 normally exceeds precipitation. Water Coal Remining and Western Alkaline abandoned underground mines that infiltration and retention in soil is Coal Mining Guidelines. This expedited have the potential for remining. limited, which results in severe soil rulemaking process relies more on open Information provided by IMCC is moisture deficits, extremely limited communication between EPA, the discussed in the Coal Remining BMP surface water resources, and poor regulated community, and other Guidance Manual and is included in vegetative growth. stakeholders, and less on formal data Section 7.0 of the Rulemaking Record. • Erosion—Natural soils tend to be and information gathering mechanisms. Many States have not been able to erosion prone and soil-forming The expedited guidelines approach is materials frequently erode faster than suitable when EPA, States, industry, establish the guidelines and procedures they are formed. Soil that does form can and other stakeholders have a common required to issue Rahall permits. be poorly developed with low organic goal in regards to the purpose of the However, IMCC member States have matter and limited plant nutrient effluent guidelines. EPA believes this is indicated that they would be able to content. Soil moisture content is low the case with the Coal Remining and establish formal remining programs and precipitation easily mobilizes Western Alkaline Coal Mining under guidelines set forth under an EPA sediment. rulemaking. EPA is proposing to allow effluent limitation Coal Remining • Hydrology—Drainage systems are site-specific effluent limits for pre- subcategory. With the establishment of composed primarily of dry washes and existing discharges at remining State remining programs, mine arroyos. These drainage features provide operations and alternative sediment operators would be more inclined to an unlimited source of sediment that control technologies at western alkaline enter into remining projects as may be mobilized by flash flooding. For mine reclamation operations. EPA discussed in Section VI. approximately eleven months per year, believes that this rule will provide

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19446 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules better environmental results than the Ruggiero Engineers developed a maintenance costs for treatment of pre- current requirements. EPA welcomes computer software package (Coal existing discharges to current effluent comment on all options and issues and Remining Best Professional Judgement limits; and encourages commenters to submit Analysis, Record Section 3.2.6) to • Anticipated pollution reduction additional data during the comment enable best professional judgement (BPJ) benefit resulting from implementation period. EPA also is willing to meet with analyses for remining operations. The of the abatement plan, including interested parties during the comment software includes a Surface Mine impacts on discharge quality and period to ensure that EPA considers the Materials Handling and Cost Module, a quantity. views of all stakeholders and the best Baseline Pollution Load Statistics EPA reviewed information provided possible data upon which to base a Module, and a Water Treatment Cost in these permit modules that compared decision for the final regulation. Calculation Module. It has been used by the cost of treating pre-existing As part of the expedited approach to the Commonwealths of Pennsylvania discharges to existing effluent this rulemaking, EPA has chosen not to and Virginia to prepare NPDES Coal limitations verses the implementation of gather data using the time consuming Remining Permits. The software is site-specific BMP plans with the approach of a Clean Water Act Section designed to: potential to improve baseline pollution 308 questionnaire. Rather, EPA is using • Input and revise pre-existing loading. This cost comparison portion of data voluntarily submitted by industry, pollution discharge data; Module 26 was completed in 40 of 41 permitting authorities, vendors, • Calculate baseline pollution loads respondents. In all 40 cases, remining academia, and others, along with data and perform additional statistical was considered not economically EPA can develop in a limited period of analyses on pre- and post-mining feasible if treatment of pre-existing time. Because all of the facilities discharge data; discharges to current effluent limits was affected by this proposal are direct • Calculate capital and annual required. In the same 40 cases, remining dischargers, EPA did not conduct an wastewater treatment cost; was economically feasible if the outreach survey to POTWs. • Input and revise mining plans; abatement plan was implemented as Throughout regulatory development, • Simulate mining operations for a proposed. EPA has worked with representatives production rate and the associated In 1996, IMCC, EPA, and OSM formed from the U.S. Office of Surface Mining mining costs; a Remining Task Force and expanded Reclamation and Enforcement, the • Compare mining plans and costs investigations of opportunities to Interstate Mining Compact Commission, with and without abatement plans and encourage remining of abandoned coal State regulatory authorities, the Western evaluate abatement procedures; and mines consistent with the requirements Interstate Energy Board (WIEB), the • Calculate relative mining costs with of SMCRA and the CWA. In February National Mining Association (NMA), the and without wastewater treatment costs 1998, IMCC, EPA and OSM released a coal mining industry, and research added. discussion paper entitled ‘‘Water organizations to submit data and Pennsylvania DEP provided EPA with Quality Issues Related to Coal develop effluent limitations guidelines 41 remining permit application modules Remining’’ that is included in the and standards that represent the submitted by Pennsylvania remining Rulemaking Record at Section 8.1. The appropriate level of technology (e.g., operations. These modules are included paper provided an overview of current BAT, BCT, BPT, and NSPS). in the Record at Section 3.2.4, and are discussions between State and Federal EPA plans to continue its data titled Module 26: Remining of Areas agencies regarding water quality issues gathering efforts for support of the final with Pre-existing Pollutional and concerns pertaining to coal rule. EPA may publish a subsequent Discharges. The modules follow the BPJ remining operations. The paper focused document of data availability for data analyses provided in the EPA and on opportunities to encourage remining either generated by EPA or submitted PADEP Coal Remining—Best through adjustments to the current after this proposal and used by EPA to Professional Judgement Analysis regulatory regime while assuring develop the final rule. (‘‘REMINE’’) User’s Manual and adequate protection of surface and Databases and reports containing the Software Package. Eleven of these ground water quality. The paper also information and data provided and used modules were submitted to EPA as part presented several approaches for by EPA in support of this rule proposal of data packages demonstrating BMP providing remining incentives, are available in the Rulemaking Record. implementation at remining sites. The including the use of effluent limits set The following summarizes the data EPA remaining 30 modules (ten modules at baseline discharge levels for pre- has collected in support of this from each of three Bureau Mining existing discharges. IMCC collected proposal. Offices) were submitted to EPA as written comments from environmental representative of approximately 10 groups, industry, Federal agencies, and B. Coal Remining Data Collection percent of Pennsylvania’s Rahall permit State agencies. The comments generally Activities operations to date. The modules include supported and recognized the value of Following promulgation of the final the following information: remining, although commenters effluent limitation guidelines for the • Abandoned mine land and mine expressed some differences of opinion Coal Mining industry in 1985, EPA drainage quantities and descriptions; regarding regulatory approaches. began working with the Pennsylvania • Baseline pollution load summaries; As discussed in Section VI, the Department of Environmental Resources • Detailed descriptions of BMP discussion paper also presented an (now the Pennsylvania Department of abatement plans and descriptions of alternative BMP-based remining permit Environmental Protection or ‘‘PADEP’’), how they are expected to reduce approach in which the permit focuses the Office of Surface Mining (now the baseline pollution loadings and improve on implementation of BMPs, and does Office of Surface Mining Reclamation environmental conditions; not include numerical limits for pre- and Enforcement or ‘‘OSM’’) and • Detailed calculations including existing discharges. Some commenters various stakeholders to address the materials costs and handling costs for were concerned that reliance on the remining issue. each step of the abatement plan; implementation of BMPs in lieu of In 1988, EPA, PADEP, Pennsylvania • Detailed calculations of numeric limitations could result in State University, and Kohlmann construction, operation, and backsliding from existing requirements.

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The Remining Task Force believes that production and employment statistics, • Performance evaluation studies to BMPs can result in improved water and potential for remining operations. determine the effectiveness of sediment quality and, in certain cases, can qualify Twenty States responded and IMCC control BMPs implemented at sites with as BAT for achieving standards required submitted the responses to EPA. EPA environmental conditions similar to by the Clean Water Act. used this information to develop a those of the arid and semiarid western To support this rulemaking, the IMCC profile of the remining industry, coal region; submitted data and information specific estimate the potential for remining • In-stream monitoring programs to abandoned mine lands on pre- activity, and provide an indication of evaluating background sediment; existing discharge water quality, BMP the types and efficiencies of BMPs • Site-specific sediment control plans implementation, and remining activities currently being implemented during targeting arid and semiarid western in the eastern coal regions. IMCC remining operations. State responses are watersheds; • member States and State regulatory included in the Rulemaking Record at Cost evaluations of BMP authorities provided sixty-one data Section 3.2.2. A detailed summary of implementation and treatment packages from Alabama, Kentucky, these responses is provided in the Coal requirements; and • Pennsylvania, Tennessee, Virginia and Remining BMP Guidance Manual, Case studies of mine sites in West Virginia that include the following Appendix C. Arizona, New Mexico, and Wyoming. The work group also supplied EPA data and information: In support of BMP implementation • with a mine modeling study sponsored Remining permit applications and evaluation, PADEP provided EPA with by the National Mining Association and approved remining permits; a database containing summary pre- and • reviewed by OSM. The study compared Abandoned mine land reclamation post-mining water quality data and the the predicted performance, costs and project plans and results; associated BMPs for 112 closed • benefits of current 40 CFR part 434 Descriptions of abandoned mine remining sites throughout the Guidelines to the requirements conditions and extent of abandoned bituminous coal regions of Pennsylvania proposed for this rulemaking for a mine land; (Record Section 3.2.3). EPA believes • representative model mine in the arid BMP implementation plans these are the most extensive data western coal region. Characterization of targeting pre-existing discharges and currently available for assessment of the background water quality, soil loss abandoned mine land; water quality impacts of BMP • Site geology and overburden rates, and sediment yield were implementation at remining operations. analysis data; predicted using computer models for Data from 231 pre-existing discharges • Water quality data (surface water, both pre-mining (undisturbed) and post- affected by BMPs at these closed sites ground water, and pre-existing mining (reclamation) conditions. The were used to assess the efficiencies of discharges); study estimated that the cost of remining BMPs in terms of water quality • Best professional judgement compliance with the proposed improvement. The data often analysis of treatment and BMP subcategory requirements for a typical demonstrate improvement in, or implementation plans; western surface coal mine will be less elimination of, the pollution loadings of • Topographic maps indicating than the cost of meeting the existing 40 acidity, iron, manganese, sulfate, and permit areas, active mining areas, pre- CFR part 434 guidelines. Details of this aluminum, and are presented in existing conditions, and water quality study are included in Section 3.3 of the Appendix B of the Coal Remining BMP monitoring points; Rulemaking Record and are summarized Guidance Manual. Detailed results of • Mining operation plans; and in the Development Document for • this assessment are presented in Section Unit costs of best management Proposed Effluent Limitations 6 of the Coal Remining BMP Guidance practices. Guidelines and Standards for the Manual. EPA assessed portions of these data to Western Alkaline Coal Mining determine the types and effectiveness of C. Western Alkaline Coal Mining Data Subcategory. remining operations, abandoned mine Collection Activities EPA identified, compiled, and land reclamation projects, and BMP analyzed additional sources of existing implementation procedures that have In developing the portion of this information and data during the occurred throughout the affected coal proposal related to western mines, EPA development of this proposed rule regions. EPA evaluated data packages has worked with a Western Coal Mining including: from closed remining operations as case Work Group composed of • Final NPDES Storm Water Multi- studies of the effectiveness of BMPs and representatives from OSM, the Western Sector General Permit for Industrial of remining in terms of improving pre- Interstate Energy Board (WIEB), State Activities, 60 FR 50804, September 29, existing water quality and non-water regulatory authorities, the National 1995. This document includes a section quality environmental conditions. Mining Association (NMA), and other on storm water discharges from inactive Detailed case studies are provided in industry stakeholders to identify, coal mines and selected areas within each section of the Coal Remining Best compile and analyze existing active coal mines, and presents an Management Practices Guidance information and data. overview and descriptions of applicable Manual. Information and data provided This work group has supplied EPA BMPs; in these data packages were compiled with data and information to support • Sediment control guidelines from into a Coal Remining Database that is the development of new sediment State regulatory programs (Wyoming included in the Rulemaking Record at control requirements relying on BMPs DEQ, Land Quality Division, Guideline Section 3.5.1. for surface reclamation activities in No. 15; New Mexico’s 19 NMAC 8.2 On September 3, 1998, IMCC Western Alkaline coal mines. NMA Subpart 20, Section 2009); distributed a Solicitation Sheet to States supplied EPA with a number of reports • Performance evaluations to collect information regarding the supporting the need for, and feasibility demonstrating effectiveness of BMPs extent of existing abandoned mine land, of, establishing a separate Western (Water Engineering & Technology characteristics of current remining Alkaline Coal Mining Subcategory. The Studies); and operations, type and extent of BMP reports include the following • Computer-based, predictive soil implementation, remining industry information and supporting data: loss models developed by government,

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19448 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules academia, and industry to model and highest priority given to cleaning up The current regulations at 40 CFR part assess erosion, soil loss, and sediment sites that pose a threat to the health, 434 create a disincentive for remining yields from disturbed lands; capable of safety, and general welfare of people. Of because of their high compliance costs. determining effectiveness of BMPs on the $3.6 billion of high priority (Priority Moreover, the potential of the statutory erosion control and sediment 1 and 2) coal related abandoned mine exemption contained in the Rahall production prior to field use (SEDCAD land (AML) problems in the AML Amendment to overcome this 4.0; Revised Universal Soil Loss Program inventory, $2.5 billion, or 69 disincentive and derive the maximum Equation (RUSLE); Erosion and percent, have yet to be funded and environmental benefits from remining Sediment Impacts (EASI) Model). reclaimed. Current estimates indicate operations has not been fully realized in This information is included in that ninety percent of the $1.9 billion the absence of implementing Section 4.3 of the rulemaking record, coal related environmental (Priority 3) regulations. If mining companies face and is discussed in the Development problems in the AML inventory have substantial potential liability or Document for Proposed Effluent not been funded and reclaimed (OSM economic loss from remining, they will Limitations Guidelines and Standards Abandoned Mine Land Program, 1999). continue to focus on mining virgin areas for the Western Alkaline Coal Mining Although progress has been made in and ignore abandoned mine lands that Subcategory. cleaning up abandoned sites, the funds may contain significant coal resources. released have not been sufficient to Based on information collected in VI. Development of Proposed Effluent correct the majority of the support of this proposal, EPA believes Limitations Guidelines environmental and safety problems that remining operations are A. Coal Remining Subcategory associated with the large numbers of environmentally preferable to ignoring abandoned mine land sites. the coal resources in abandoned mine The effluent limitations and standards EPA recognizes that one of the most lands. EPA is soliciting comment on this proposed for the Coal Remining successful means for improvement of conclusion, and on potential options Subcategory would apply to pre-existing abandoned mine land is for coal mining that may be environmentally preferable discharges located in areas of a coal companies to remine abandoned areas to the new subcategory being proposed remining operation that are not and extract the coal reserves that today. commingled with waste streams from remain. EPA also recognizes that if As described in Section II of this active mining areas. abandoned mine lands are ignored document, Congress attempted to As noted previously in Section III, during coal mining of adjacent areas, a address the problems associated with coal remining is the mining of surface time-critical opportunity for reclaiming acid mine drainage at abandoned mine mine lands, underground mine lands, the abandoned mine land is lost. Once lands by passing the Rahall Amendment and coal refuse piles that were coal mining operations have ceased on to provide incentives to encourage coal abandoned prior to the enactment of the the adjacent areas, there is little remining. The Rahall Amendment Surface Mining Control and incentive for operators to return. (section 301(p)) allows permit writers to Reclamation Act on August 3, 1977. During remining operations, acid- issue NPDES permits for remining sites Acid mine drainage from abandoned forming materials are removed with the with requirements less stringent than coal mines is damaging a significant extraction of the coal, pollution those in the existing regulations for number of waterways in the abatement BMPs are implemented some pollutant limits. Specifically, Appalachian and mid-continent Coal under applicable regulatory section 301(p) allows permit writers to Regions of the Eastern United States. requirements, and the abandoned mine use best professional judgement (BPJ) to Information gathered from the Interstate land is reclaimed. During remining, set site-specific BAT limits determined Mining Compact Commission (IMCC) many of the problems associated with for pre-existing discharges. These limits and OSM’s Abandoned Mine Land abandoned mine land, such as may not exceed baseline levels of iron, Inventory System (AMLIS) indicates dangerous highwalls, vertical openings, manganese, and pH. The operator must there are over 1.1 million acres of and abandoned coal refuse piles can be also demonstrate that the remining abandoned coal mine lands and over corrected at no cost to OSM’s operation will result in the potential for 9,709 miles of streams polluted by acid Abandoned Mine Land Program. improved water quality. The statute mine drainage in Appalachia alone. Furthermore, implementation of does not specify how to determine site- Acid mine drainage can result from appropriate BMPs during remining specific BAT, baseline pollutant abandoned surface and underground operations can be effective at improving discharge levels, or the potential for coal mines and coal refuse piles. If acid- the water quality of pre-existing improved water quality and has left forming minerals are present in discharges. For example, these up to each permitting authority to significant quantities, exposure to air implementation of appropriate BMPs determine. and water can result in the formation of during 112 remining operations in The statute does not allow site- acid mine drainage. At abandoned Pennsylvania was effective in improving specific limits for TSS. EPA also is not underground mines, large reservoirs of or eliminating acidity loading in 45 proposing alternative limitations for acid mine drainage can continue to be percent of the pre-existing discharges, total suspended solids (TSS) or replenished by ground water movement total iron loading in 44 percent of the settleable solids (SS) in pre-existing through the mineral-bearing rocks, discharges, and total manganese in 42 discharges. EPA believes the current creating more acid mine drainage. Water percent of the discharges. This level of sediment control is necessary from these ‘‘mine pools’’ seeps through improvement resulted in reduced during surface disturbance operations to the hillsides or flows freely from annual pollutant loadings of up to 5.8 avoid sedimentation and erosion that abandoned mine entries, enters streams, million pounds of acidity, 189,000 can clog streams, increase the risk of and deposits metal-rich precipitates pounds of iron, 11,400 pounds of flooding, impair land stability, and downstream. manganese, and 4.8 million pounds of destroy aquatic habitats. Except for the In 1977, Congress included a sulfate. The environmental benefits alternate SS effluent limitations for 10- provision in SMCRA to establish a fund associated with reclamation of year, 24-hour precipitation events (the Abandoned Mine Land Program) to abandoned mine lands are discussed provided in 40 CFR 434.63, existing address abandoned mine lands, with the further in Section IX of this document. effluent limits for TSS and SS will

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19449 continue to apply to pre-existing have sufficient information on the water quality, and in no event may pH, discharges. environmental effectiveness and iron, or manganese discharges exceed Since passage of the Rahall potential regulatory structure for such the levels discharged prior to the Amendment, seven States have an approach, and is not including remining operation. No discharge from, established formal remining programs permits based solely on BMPs in today’s or affected by, the remining operation that have issued approximately 330 proposal. EPA is soliciting additional may exceed State water quality Rahall permits with numerical limits for comments and data supporting BMP- standards. EPA solicits comments on pre-existing discharges that are less based remining permits and situations the consistency of the proposal with the stringent than those in the existing for which they may be appropriate. Rahall Amendment and existing State regulations. Of these 330 Rahall Despite the statutory authority remining programs. Remining permits, approximately 300 provided by the Rahall Amendment, Under the proposed regulations, the were issued by the Commonwealth of coal mining companies and most States permit would contain specific numeric Pennsylvania. Of the remaining thirty remain hesitant to pursue remining and non-numeric requirements, Rahall permits, ten were issued by without formal EPA approval and constituting BPT and BAT. The numeric Alabama, eight by West Virginia, four by guidelines. The Rahall Amendment requirements would be established on a Kentucky, three by Virginia, three by requires application of the best available case-by-case basis in compliance with Ohio, and two by Maryland. Under technology economically achievable on standardized requirements for statistical these Rahall permits, remining a case-by-case basis, using best procedures and monitoring to establish operations must meet the alternate professional judgment to set specific baseline. The numeric effluent numeric limits specified in the permits numerical effluent limitations in each limitations set at baseline levels would and must implement site-specific BMPs. permit. However, it does not provide ensure that in no event will the These BMPs include special handling of guidelines for how to determine pollutant discharges exceed the acid-producing materials, daylighting of baseline pollutant loadings in pre- discharges prior to remining, as required abandoned underground mines, control existing discharges. It also does not by section 301(p)(2). The stringency of of surface water and ground water, provide guidance on how to determine the non-numeric permit provisions control of sediment, addition of alkaline site-specific BAT requirements for a would be established using best material, and passive treatment. remining operation, or how to professional judgement to evaluate the Remining operations currently demonstrate the potential for adequacy of the selected BMPs underway have proven to be a viable environmental improvement from a contained in a pollution abatement means of remediating the environmental remining operation. Without plan. The pollution abatement plan conditions associated with these standardized procedures for developing would demonstrate that the remining abandoned mine lands without effluent limits for pre-existing operation will result in the potential for imposing a significant cost burden on discharges, many States with extensive improved water quality, as also required industry (Skousen, Water Quality abandoned mine lands have not by section 301(p)(2). Together, the Changes and Costs of Remining in initiated formal remining programs. numeric and non-numeric requirements Pennsylvania and West Virginia, 1997). EPA is today proposing a new would constitute BPT and BAT. A discussion paper released by IMCC, remining subcategory with effluent EPA is proposing to require operators EPA and OSM in February 1998 limitation guidelines based on a to use BMPs by proposing that remining (Discussion Paper on Water Quality combination of numeric limits and non- operators must develop and implement Issues Related to Remining) and numeric BMP requirements. EPA is a site-specific pollution abatement plan discussed further in Section V of this proposing a standardized procedure for for each remining site. EPA is proposing document, presented an alternative determining pollutant loadings for that the pollution abatement plan must BMP-based remining permit approach baseline and compliance monitoring. identify the characteristics of the where implementation of BMPs is the This procedure is described in remining area and the pre-existing central focus of permitting. This Appendix B of this proposed regulation. discharges at the site; identify design alternative would not impose any Example calculations using these specifications for selected best numerical limits for pre-existing procedures and further discussion of management practices; and include discharges, but only would require EPA’s determination of these periodic inspection and maintenance implementation of selected BMPs. The procedures are provied in the Coal schedules. The pollution abatement IMCC Remining Task Force believes that Remining Statistical Support Document. plan must demonstrate that there is a BMPs can result in improved water EPA intends these proposed regulations potential for water quality quality and, in certain cases, can qualify to control pre-existing discharges at improvement, as required by the Rahall as BAT for achieving standards required remining operations in a manner Amendment. by the Clean Water Act. EPA is consistent with requirements under the EPA is also proposing that this considering conditions under which Rahall Amendment. In effect, these pollution abatement plan must be remining permits based solely on BMP proposed requirements are effluent developed for the entire ‘‘pollution implementation in lieu of numerical limitation guidelines authorized under abatement area.’’ By applying the effluent limits may be appropriate. In section 304(b) of the CWA, but are also pollution abatement plan to the entire addition, EPA recently accepted a Coal implementing regulations for section pollution abatement area, the proposed Remining and Reclamation Project XL 301(p), providing EPA’s interpretation Remining Subcategory effluent proposal from the Pennsylvania of unspecified aspects of that provision. limitations would cover all pre-existing Department of Environmental Section 301(p) requires the permit to discharges that are hydrologically Protection. Once finalized, this pilot establish BAT on a case-by-case basis, connected to the active mining area, but project is expected to provide a using best professional judgment to set that are not commingled with active substantial amount of data about the specific numerical effluent limitations mining discharges. EPA is proposing to feasibility of using the BMP-based for pH, iron, and manganese in each define the ‘‘pollution abatement area’’ as remining permit approach in eight permit. The operator must demonstrate the part of the permit area that is different watersheds throughout that the coal remining operation will causing or contributing to the baseline Pennsylvania. EPA does not currently result in the potential for improved pollution load, including areas that

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19450 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules would need to be affected to reduce the then be required to meet the more of the diverted discharge stream have pollution load. This is similar to the stringent applicable limitations for not been increased. definition used by Pennsylvania’s active coal mining operations and These proposed limitations and remining program in Pennsylvania’s would not be covered by the conditions standards would apply to coal remining Chapter 87, Subchapter F Surface of the proposed Coal Remining operators under new remining permits. Mining Regulations (Record Section Subcategory. However, that pre-existing EPA is considering coverage of existing 1.3). The success of the abatement plan discharge may not be eliminated by the remining operations with Rahall-type is premised on a hydrological remining activity and may remain after permits and established BPJ limitations. connection between the pollution remining in the area has been EPA is also considering situations abatement area and the baseline completed. In this instance the pre- where coal remining operations seek pollutant load. If there is no hydrologic existing discharge would no longer be reissuance of an existing remining connection between the pre-existing commingled with active mining permit. In both cases, EPA believes that discharge and the operator’s remining wastewater. EPA is proposing that a it may not be feasible for a remining operator to re-establish baseline and reclamation efforts, there can be no discharge that is no longer being pollutant levels during active remining. water quality improvement. For further commingled would become subject to Therefore, EPA is considering an information on this rationale see The the Coal Remining Subcategory Preliminary Engineering Cost Manual alternative where pre-existing requirements which bar an increase in for Development of BPJ Analysis, 1986, discharges at these operations would pollutant loadings from baseline Kohlmann Ruggiero for PA DER and remain subject to baseline pollutant conditions. EPA. EPA is providing a supporting levels established during the original document, the Coal Remining Best EPA does not believe that a pre- permit application. EPA is soliciting Management Practices Guidance existing discharge that has been comment on the applicability of the Manual to assist industry and permit intercepted or commingled should have proposed Coal Remining Subcategory in writers in the development and to continue to meet the more stringent regard to both cases. implementation of the pollution effluent limitations applicable to active EPA expects this new subcategory to abatement plan. mining operations after this activity has provide further incentives for industry EPA is soliciting comment on the been completed. If EPA were to require to remine abandoned mine lands, which definition of pollution abatement area. that pre-existing discharges that are will result in reclamation of abandoned EPA is also soliciting comment on any commingled with wastewater remain mine lands that would otherwise remain additional requirements for the subject to effluent limitations designed unreclaimed and hazardous. EPA pollution abatement plan that would for active mining operations once solicits comment on the potential for ensure the proper use, design and interception or commingling has ceased, improving hazardous conditions and implementation of BMPs. EPA believes it would create a improving acid mine drainage based on In many cases, EPA believes that the significant disincentive for remining implementation of this subcategory. requirements for the pollution activities. Based on anecdotal and EPA also solicits comment on the abatement plan will be satisfied by an historical evidence of current mining proposed applicability of the remining approved SMCRA plan. However, EPA activities, mining companies may try to subcategory as it relates to intercepted or the State NPDES permitting authority avoid intercepting pre-existing pre-existing discharges. will review the plan and will retain the discharges because they do not want to 1. BPT for the Coal Remining authority to recommend additional or assume the liability for future treatment Subcategory incremental BMPs as necessary to of discharges that were not the result of ensure that implementation of the EPA today proposes BPT effluent their mining operations. This can result identified BMPs is consistent with limitations for the Coal Remining in a ‘‘donut hole’’ in the permitted area, Clean Water Act requirements. Subcategory to control identified EPA is proposing regulatory text to to which BMPs are not applied and from conventional, toxic, and non- make it clear that the requirements of which pre-existing acid mine drainage conventional pollutants. For further this subcategory apply only to pre- continues to be discharged. In many information on the basis for the existing discharges that are not cases, EPA believes that the most limitations and technologies selected, commingled with waste streams from environmentally beneficial approach see the Coal Remining BMP Guidance active mining areas. This will ensure would be for the coal operation to Manual. that all mine drainage produced by the physically intercept this pre-existing As previously described in Section II, active mining operation is treated to discharge, treat the discharge to current section 304(b)(1)(A) of the CWA meet existing part 434 guidelines. Any standards during active mining and requires EPA to identify effluent wastewater that is commingled with reclamation, implement BMPs, and then reductions attainable through the active mining wastewater would be allow the pre-existing discharge to application of ‘‘best practicable control subject to the most stringent limitations continue discharging at or below technology currently available for applicable to any component of the baseline pollutant levels. This approach classes and categories of point sources.’’ wastestream. This maintains the current is consistent with the way Pennsylvania Generally, EPA determines BPT effluent regulatory approach expressed in has been implementing the Rahall levels based upon the average of the best section 434.61, that in cases where provisions. Another option for a existing performance by facilities of wastestreams subject to two different remining operator would be to divert various sizes, ages, and unit processes effluent limits are commingled, the the discharge stream away from the within each industrial category or combined discharge is subject to the active mining area. In this case, the pre- subcategory. In establishing BPT, EPA more stringent limitation. existing discharge that has been considers the cost of achieving pollution During remining, it may be necessary diverted would be subject to the reductions in relation to the pollution or even preferable for an operator to proposed subcategory effluent reduction benefits, the age of equipment intercept and/or commingle a pre- limitations, and the mine operator and facilities, the processes employed, existing discharge with active mining would have to implement BMPs and process changes required, engineering wastewater. This wastewater would demonstrate that the pollutant loadings aspects of the control technologies, non-

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19451 water quality environmental impacts, permits issued under Rahall were issued restriction established by a State or the and other factors the Administrator as BAT permits. This conclusion is Administrator on quantities, rates, and deems appropriate. supported by the adoption of the Rahall concentrations of chemical, physical, EPA is proposing that BPT for the Amendment by Congress in 1987. At biological, and other constituents which Coal Remining Subcategory be defined that time, Congress recognized that are discharged from point sources.’’ through a combination of numeric and remining was not being conducted on (Emphasis added.) This language does non-numeric standards. Specifically, abandoned mine lands because of the not restrict the form of effluent EPA is proposing that the best cost and liability of requiring treatment limitations to only numeric limits. The practicable control technology currently to meet existing regulations and courts have held, in the context of available for remining operations is authorized less stringent requirements permits, that the CWA does not require implementation of a pollution for remining operations. EPA to set numeric limits where such abatement plan that incorporates BMPs Therefore, EPA is proposing that the limits are infeasible. ‘‘When numerical designed to improve pH and reduce implementation of a pollution effluent limitations are infeasible, EPA pollutant loadings of iron and abatement plan represents BAT level of may issue permits with conditions manganese, and a requirement that such control. Furthermore, EPA is aware that designed to reduce the level of effluent pollutant levels are not increased over permits containing these BMPs are in discharges to acceptable levels. This baseline conditions. This is essentially place and are being implemented by a may well mean opting for a gross the level of treatment currently required large number of operators. Thus, EPA is reduction in pollutant discharge rather under permits issued in accordance proposing that pollution abatement than the fine-tuning suggested by with the Rahall Amendment, which has plans also represent the average of the numerical limitations. But this been demonstrated to be currently best technology currently available. ambitious statute is not hospitable to the available by remining facilities included The problem with setting numeric concept that the appropriate response to in EPA’s Coal Remining database effluent limitations representing the a difficult pollution problem is not to (Record Section 3.5.1) and in reductions achieved through try at all.’’ Natural Resources Defense Pennsylvania’s study of 112 closed implementation of a pollution Council v. Costle, 568 F.2d 1369, 1380 remining sites (Record Section 3.5.3). abatement plan is that it is difficult to (D.C. Cir. 1977). EPA’s NPDES permit In order to evaluate available project the results, in terms of measured regulations reflect this longstanding technologies to determine BPT, EPA improvements in pollutant discharges, interpretation in 40 CFR 122.44(k), relied on data from 41 remining that will be produced through the which provides that permits may operations in Pennsylvania. This data is application of any given BMP or group include BMPs to supplement, or in lieu contained in Section 3.2.4 of the of BMPs at a particular site. EPA of, numeric effluent limitations when regulatory record. All of these facilities believes that the Coal Remining BMP ‘‘numeric effluent limitations are used various combinations of BMPs as Guidance Manual compiles the best infeasible’’ or ‘‘the practices are their pollutant control technology. EPA information available on appropriate reasonably necessary to achieve effluent reviewed the expected performance, application and projected performance limitations and standards or to carry out cost, and design of the BMPs used by of all currently identified BMPs the purposes and intent of [the] CWA.’’ these remining operations. EPA applicable to coal remining operations. Sections 402(a)(2) and 501 further determined that the facilities were able However, the Coal Remining BMP authorize EPA to prescribe as wide a to show potential for significant Guidance Manual provides only range of permit conditions as the removals of loading as compared to pre- reasonable estimates of ranges of Agency deems appropriate to assure existing discharge conditions. EPA also projected performance and efficiency. compliance with applicable effluent determined that design and There are numerous variables associated implementation of a BMP plan should, with the design and application of a limits. EPA believes that the same in most cases, achieve reductions below particular BMP at a particular site, let considerations underlying the court’s baseline discharge levels. alone multiple BMPs at a site. statutory interpretation with respect to This same data from Pennsylvania Additionally, all of these estimates are non-numeric effluent limitations in supports a conclusion that the proposed subject to substantial uncertainties. In permits also support an interpretation pollution abatement plan requiring use some cases, despite appropriate design that the Agency may establish non- of BMPs also represents the best and implementation of a BMP plan, numeric effluent limitation regulations available technology economically there may be little or no improvement where numeric limitations are achievable (BAT) levels of control. over baseline discharges. Thus, it is infeasible. Because it is infeasible here Section 301(p) allows permit writers to simply not practicable to project the to express the expected performance of use best professional judgement (BPJ) to expected numeric improvements that the identified best practicable control set site-specific BAT limits determined will occur for a specific pre-existing technology in numeric terms, EPA for pre-existing discharges. discharge through application of a believes that establishment of non- Pennsylvania completed this BAT particular BMP plan. As a consequence, numeric effluent limitations is determination for 40 of 41 respondents. EPA is proposing to establish a non- authorized under, and is necessary to Pennsylvania’s remining permit numeric requirement to implement a carry out, the purposes and intent of the modules indicated that the only more pollution abatement plan incorporating CWA. stringent technology available included implementation of BMPs designed to Although it is not feasible to establish chemical addition, precipitation, and reduce the pollutant levels of pH, iron numeric limits predicting pollutant settling. In all 40 cases, remining was and manganese in pre-existing reductions, it is possible to calculate considered not economically feasible if discharges. baseline pollutant levels in pre-existing treatment of pre-existing discharges to EPA interprets the CWA as discharges. Moreover, the record current effluent limits was required. In authorizing the Agency to establish non- indicates that application of the same 40 cases, remining was numeric effluent limitations where it is appropriately designed BMPs should be economically feasible if the abatement infeasible to establish numeric effluent able to prevent any increase in pollutant plan was implemented as proposed. limitations. Section 502 of the Act loadings for pre-existing discharges. Thus, the Pennsylvania remining defines ‘‘effluent limitation’’ as ‘‘any Accordingly, it is feasible to set a

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19452 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules minimum numeric requirement based 2. BCT for the Coal Remining is infeasible to express BAT as a on baseline pollutant levels. Therefore, Subcategory numeric limit. EPA is proposing to set EPA is today proposing to establish In July 1986, EPA promulgated a a combination of site-specific numeric numeric effluent limitations that require methodology for establishing BCT and non-numeric effluent limitation that the pollutant levels for pH, iron and effluent limitations. EPA evaluates the guidelines for BAT identical to those for manganese do not increase over baseline reasonableness of BCT candidate BPT for iron and manganese. levels. EPA is proposing a uniform technologies—those that are 4. NSPS for the Coal Remining methodology to use for this calculation. technologically feasible—by applying a Subcategory Baseline level determination and two-part cost test: (1) a POTW test; and monitoring procedures are presented in In today’s proposal, EPA did not (2) an industry cost-effectiveness test. the Coal Remining Statistical Support consider any regulatory options for new EPA first calculates the cost per Document. sources for the Coal Remining pound of conventional pollutant EPA requests comment on how to Subcategory. By definition, pre-existing describe and structure the requirement removed by industrial dischargers in discharges at abandoned mine lands to design and implement a pollution upgrading from BPT to a BCT candidate covered by this proposal were in abatement plan to reduce pollutant technology and then compares this cost existence prior to passage of SMCRA in loadings from pre-existing discharges. to the cost per pound of conventional 1977. Therefore, EPA is designating pre- EPA has proposed a fairly general pollutants removed in upgrading existing discharges existing sources. qualitative description of the POTWs from secondary treatment. The EPA is proposing that pre-existing requirement, which leaves it up to the upgrade cost to industry must be less discharges are subject to requirements permit writer to determine whether in a than the POTW benchmark of $0.25 per proposed for BPT, BCT, and BAT. NSPS particular case BPT or BAT would pound (in 1976 dollars). effluent limitations are not applicable to require additional or more intensive In the industry cost-effectiveness test, this subcategory. A new discharge from BMPs than identified in an applicant’s the ratio of the incremental BPT to BCT remining operations that is not proposed plan. The proposed regulation cost divided by the BCT cost for the designated as a pre-existing discharge would require that an operator identify industry must be less than 1.29 (i.e., the must meet applicable effluent the characteristics of the remining area cost increase must be less than 29 limitations at sections 434.35, 434.45, or and the pre-existing discharges at the percent). 434.55, as appropriate. site, identify design specifications for In today’s proposal, EPA is proposing B. Western Alkaline Coal Mining selected BMPs, and include periodic to establish BCT effluent limitations Subcategory inspection and maintenance schedules. guidelines equivalent to the BPT These requirements are intended to help guidelines for the Coal Remining The effluent limitations and the permit writer evaluate the likely cost Subcategory. In developing BCT limits, performance standards for the Western and efficacy of the proposed plan in EPA considered whether there are Alkaline Coal Mining Subcategory apply relation to the conditions existing at the technologies that achieve greater to alkaline mine drainage from site. EPA requests comment on whether removals of conventional pollutants reclamation areas associated with there are additional criteria that EPA than proposed for BPT, and whether western coal mining operations. could establish to provide applicants those technologies are cost-reasonable Alkaline mine drainage is defined in and permit writers further guidance in according to the BCT Cost Test. EPA the existing regulations as ‘‘mine determining whether a particular BMP identified no technologies that can drainage which, before any treatment, plan meets the regulatory criteria. For achieve greater removals of has a pH equal to or greater than 6.0 and example, the requirement to develop conventional pollutants than proposed total iron concentration of less than 10 and implement a pollution abatement for BPT that are also cost-reasonable mg/L.’’ Reclamation area is defined in plan to maintain or reduce pollution in under the BCT Cost Test, and the existing regulation as ‘‘the surface pre-existing discharges is a fairly accordingly EPA proposes BCT effluent area of a coal mine which has been general directive for what the plan limitations equal to the proposed BPT returned to required contour and on should achieve. EPA requests comment effluent limitations guidelines. which revegetation (specifically, seeding or planting) work has been on how the regulations could better 3. BAT for the Coal Remining commenced.’’ EPA is not proposing to define the type of plan that would Subcategory constitute BPT and BAT. make any changes to these existing The primary alternative control As discussed above, EPA concluded definitions. technology that EPA could determine to that the requirement to design and EPA is proposing to define a western be BPT would be to require remining implement a pollution abatement plan coal mining operation in arid or operations to treat pre-existing represents BAT and that there are no semiarid areas as a surface or discharges to meet the effluent guideline more stringent technologies that are underground coal mining operation limitations for active mining discharges. economically achievable. The pollution located in the interior western United As discussed above, EPA does not abatement plan is required to be States, west of the 100th meridian west believe that this is a practical option for designed to control conventional, toxic longitude, in an arid or semiarid remining operations, given cost and and non-conventional pollutants, and environment with an average annual liability concerns. EPA is requesting the plan must reflect levels of control precipitation of 26.0 inches or less. This comment and data for any other consistent with BAT for toxic and non- definition is consistent with the treatment technologies that would be conventional pollutants. Of course, EPA definition for western coal mining economically feasible and available for expects that a facility will have a single currently used by OSM (30 CFR 701.5 control of pre-existing discharges to plan to control all pollutants. In and 30 CFR 816.116). meet more stringent limitations. addition, EPA would expect that the The existing effluent guidelines for EPA projects that the annual permit writer would determine the reclamation areas establish BPT, BAT, compliance cost for this new adequacy of the plan based on the Coal and NSPS numeric effluent limits based subcategory will be approximately Remining BMP Guidance Manual. As on the use of sedimentation pond $330,000 to $759,000. discussed above, EPA concluded that it technology. The discharge from

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19453 reclamation areas must meet effluent hundred thousand milligrams per liter BMPs and avoid the unique limitations for settleable solids and pH. TSS. environmental problems that are The existing guidelines apply to all Fluvial areas and receiving channels associated with the predominant use of reclamation areas throughout the United in the arid west have developed sedimentation ponds on coal mine States, regardless of climate, according to the natural conditions reclamation areas. Provisions under topography, or type of drainage (i.e., present in arid regions. The receiving SMCRA related to sediment control acid or alkaline). The existing channels are primarily ephemeral require coal mining operations to be guidelines do not take into arroyos that transport large volumes of conducted so as to prevent, to the extent consideration the dramatic differences flow and sediment. The natural possible, using the best technology in naturally occurring sedimentation conditions of these channels may be currently available, additional that can result from the different affected by the alteration of sediment contributions of suspended solids to environmental conditions in the arid concentration and flow volume as a streamflow, or run-off outside the and semiarid coal regions compared to result of constructed sedimentation permit area. Corresponding regulations the eastern United States. ponds. Discharge of sediment-free water are found at 30 CFR 816.45 which The existing guidelines establish from a sedimentation pond may actually include the above language and also relatively stringent controls on the accelerate channel erosion because the require the permittee to minimize amount of sediment that can be sediment-free water will entrain erosion and meet the more stringent of discharged into waterways from post- sediment from the channel immediately applicable State and Federal effluent mined areas. In the arid west, data have below the pond. Later, when the standards. The standards contained in shown that the use of sedimentation sedimentation pond is removed, this Western Alkaline Coal Mining ponds becomes necessary for drainage from the reclaimed area will Subcategory will be the framework for compliance. Although sedimentation flow uninterrupted into the downstream designing, installing, and maintaining ponds are proven to be effective at watershed. This return to natural flow sediment control measures that are reducing sediment discharge, EPA volumes and sediment concentrations expected to function as designed in a believes that there are numerous non- essentially ‘‘shocks’’ the drainage manner to meet the statutory and water quality impacts that may harm the channel and may be extremely regulatory provisions for sediment environment when sedimentation ponds disruptive to the fluvial and hydrologic control and modeling predictions. are necessary to meet discharge balance that has developed based on the Under Wyoming’s Coal Rules and requirements for reclamation areas in sedimentation pond discharge. Severe Regulations, Chapter IV, alternative channel reconfiguration can occur at the arid and semiarid west. sediment control measures may be used this stage, making the area more Sedimentation ponds in reclamation when it can be demonstrated that susceptible to instability and erosion areas are designed to capture and store drainage will either meet effluent than the pre-mining undisturbed water from a precipitation event and limitation standards or will not degrade conditions. EPA is soliciting comment then slowly release the water in a receiving waters. Wyoming’s regulations on the environmental impacts and continuous, low-velocity discharge. EPA and accompanying guidance (Wyoming benefits associated with the believes that the slow release of water Department of Environmental Quality, predominant use of sedimentation containing low amounts of sediment has Land Quality Division, Guideline No. ponds in the arid west for control of caused negative environmental impacts 15, Alternative Sediment Control sediment from post-mining areas. in arid regions. The negative impacts For arid and semiarid western coal Measures) state that appropriate caused by the predominant use of mines, EPA believes that the most sediment control measures shall be sedimentation ponds include disruption environmentally responsible goal is to designed, constructed, and maintained of the natural hydrologic and sediment reclaim the land such that the natural using best technology currently balance, stream channel instability, and sediment loadings and hydrologic available to prevent additional water loss due to evaporation. balance of undisturbed conditions is contributions of sediment to streams or EPA is proposing a new subcategory maintained at post-mined lands. EPA to runoff outside the affected area. for reclamation areas of western alkaline solicits comment on this conclusion, Under New Mexico’s ‘‘ASC Windows coal mines primarily because of and on the problems that are associated Program’’ (19 NMAC 8.2 Subpart 20, negative impacts caused by the with disturbing the hydrologic balance Section 2009), SMCRA requirements to predominant use of sedimentation in arid regions. pass all disturbed area runoff through ponds in arid regions as is necessary to Following the 1985 promulgation of sedimentation ponds can be waived if meet the current guidelines. the current regulations, new and more the operator demonstrates that erosion In arid and semiarid western coal accurate sediment control modeling, is sufficiently controlled and that the mine regions, climate, topography, soils, designs and plans have been developed quality of area runoff is as good as, or vegetation, and hydrologic components and evaluated for use with drainage better than, that of water entering the all combine to form a hydrologic from reclamation areas at coal mines in permit area. The operator’s plan for balance that is naturally sediment rich. the western United States. The States of alternative sediment control must Sediment is defined as all undissolved Wyoming and New Mexico have demonstrate that there will be no organic and inorganic material developed regulations to allow the use increase in the sediment load to transported or deposited by water. In of sediment control BMPs to prevent receiving streams. Several mine arid regions, the natural vegetative cover environmental problems associated with operations in New Mexico have applied is sparse and rainfall is commonly predominant use of sedimentation for and received reclamation liability received during localized, high- ponds. These State program BMP bond releases for lands where sediment intensity, short-duration thunderstorms. applications are considered to meet the control BMP plans were implemented. These conditions contribute to flash- sediment control provisions of SMCRA These sites demonstrated that there was floods and turbulent flows that readily and are sanctioned by the delegated no additional annual contribution of transport large amounts of sediment. Clean Water Act regulatory authority in suspended solids to the hydrologic Runoff from natural, undisturbed arid each State. These regulations include regime of the area and that runoff from lands may contain up to several specific provisions to allow the use of regraded areas had characteristics

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19454 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules similar to runoff from undisturbed proposed regulations would require the to determine compliance with the areas. operator to demonstrate, using requirements of this subcategory and on In order to maintain natural watershed models accepted by the recommended procedures for, and conditions on reclamation areas, EPA is regulatory authority, that frequency of, such inspections. Because proposing that non-numeric effluent implementation of the selected BMPs it is infeasible here to determine limits be based on the design, would meet this goal. The permit would compliance and performance of the implementation, and maintenance of then incorporate the site-specific BMPs in numeric terms, EPA believes BMPs. Sediment control BMP sediment control plan and would that establishment of non-numeric technologies for the coal mining require the operator to implement the effluent limitations for this subcategory industry are well known and plan. is authorized under and is necessary to established. Common BMPs used at EPA is proposing to establish carry out the purposes and intent of the post-mining coal areas include requirements for site-specific sediment CWA. regrading, revegetation, mulching, check control plans based on computer In addition, EPA believes that there dams, vegetated channels, and contour modeling in lieu of nationally are several advantages to establishing terracing as well as sedimentation applicable numerical effluent requirements for site-specific sediment ponds. The range and implementation limitations. As discussed above in control plans based on computer of available BMPs are summarized in Section VI.A.1, such requirements are modeling in lieu of nationally the Development Document for authorized as non-numeric effluent applicable numerical effluent Proposed Effluent Limitations limitations where it is infeasible to limitations. First, according to the Guidelines and Standards for the establish numeric effluent limitations. applicability of the proposed Western Alkaline Coal Mining EPA believes that determining subcategory, the discharge associated Subcategory. All of these BMPs are compliance based on numerical with this subcategory is alkaline, not designed to stabilize the soil and control standards for runoff from BMPs is acidic. Therefore, EPA does not believe the amount of sediment released into infeasible due to the environmental that pH monitoring is necessary for the environment. conditions present in Western coal mine reclamation areas associated with Erosion and sediment control plans reclamation areas. As mentioned alkaline coal mines. and technology application have previously, precipitation events are Also, existing regulations (40 CFR evolved since the passage of SMCRA often localized, high-intensity, short- part 434.63) allow for alternative and the promulgation of the current 40 duration thunderstorms. Rain may fall limitations during precipitation events CFR part 434 effluent limitations in one area of a watershed while other of the specified magnitudes, which may guidelines. Extensive monitoring and areas remain dry. This makes it generate a significant amount of case studies have been performed on extremely difficult to evaluate overall sediment, especially in the arid West. arid and semiarid lands to characterize performance of the BMPs. Additionally, Under the proposed subcategory, the the nature and extent of erosion watersheds and reclaimed mine lands BMP plan requirement would not allow occurring within these areas. Computer often cover vast and isolated areas. for alternative (i.e., less stringent) limits sediment modeling of arid and semiarid These factors combine to make it because computer models are able to fluvial systems has advanced burdensome for a CWA permit authority account for precipitation events that significantly, evolving into site-specific to extract periodic, meaningful samples typically occur in the arid west. The models that are able to account for local on a timely basis to determine if a BMP plan requirement would be based environmental factors found within the facility is meeting effluent limitations on a demonstration that the average region. Under this proposed for settleable solids. The difficulty of yearly sediment yield will not increase subcategory, prediction models will be sample collection is described in the over undisturbed conditions, and would used to design site-specific BMP plans Phase I Report: Technical Information consider precipitation events. NMA’s that are effective in the arid and Package provided by the Western Coal model mine study Draft Western semiarid western coal regions. Mining Work Group (Record Section Alkaline Mining Subcategory—Mine Sedimentation ponds may be used in 3.3.1). Modeling and Performance Cost-Benefit conjunction with other BMPs to prevent Requirements based on BMP plans Analysis (Record Section 3.3.6) additional contributions of sediment to would ease the implementation burden conducted in support of this proposal streamflow or to runoff outside of the rule and allow a permit authority predicted sediment yield and BMP reclamation areas. to determine compliance on a regular effectiveness based on a 24-hour, 10- Specifically, EPA is proposing a basis. A permit authority would be able year storm event. Under the proposed requirement to develop and implement to visit the site and determine if BMPs requirements, the coal mine operator site-specific sediment control plans that have been implemented according to the would have to design and construct would apply in lieu of numeric limits site’s sediment control plan. The permit sediment controls that are adequate for for pH and settleable solids applicable authority would not have to wait for a high precipitation events rather than under current guidelines for reclamation significant precipitation event to meeting the existing alternative areas. EPA is proposing that a mine determine compliance, and the facility limitations during these events. operator must develop a site-specific would have the opportunity to improve Sediment control measures under BMP sediment control plan for surface BMP implementation prior to a plans would be designed to control reclamation areas. The sediment control precipitation event. EPA believes a key annual sediment yield, not only the 10- plan must identify BMPs and present factor in using BMPs is the opportunity year, 24-hour storm. This would result design, construction, and maintenance for continual inspection and in retaining more soil on the slopes, specifications for the BMPs, and their maintenance by coal mine personnel to rather than collecting it in a expected effectiveness. The goal of the ensure that sediment control measures sedimentation pond. At the same time, site-specific sediment control plan will continue to function as designed. sediment control measures under BMP would be to specify BMPs sufficient to Under SMCRA, inspections of the coal plans would no longer allow the control sediment discharges from the mining operations are conducted exemptions provided during high reclamation area so that they do not monthly. EPA is soliciting comments on intensity flows exceeding a 10-year, 24- exceed natural background levels. The the appropriateness of BMP inspection hour storm event in which only pH

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19455 limits apply under the current water and surface water availability; and (E) Construction Sites, and Reclaimed regulations (434.63(a)(2)). other characteristics as required by the Lands’’ published in August, 1998 The Western Coal Mining Work regulatory authority. describes the use of RUSLE for Group has suggested that EPA consider Additional OSM requirements watershed modeling. Additionally, applying the new subcategory to all relevant to the proposed sediment SEDCADTM 4.0 is a widely accepted non-process water. Non-process water control plan are given in Section 780.2 model for predicting BMP performance would include runoff from pre-stripping (h) ‘‘Hydrologic reclamation plan.’’ and is currently being used by many areas (i.e., development areas where The application shall include a plan, with mine sites. NMA describes use of brushing, topsoil salvage, and other maps and descriptions, indicating how the RUSLE 1.06 and SEDCAD 4.0 models in types of general construction earthwork relevant requirements of part 816, including the Mine Modeling and Performance are being conducted). EPA has Secs. 816.41 to 816.43, will be met. The plan Cost-Benefit Analysis (Record Section considered including non-process water shall be specific to the local hydrologic 3.3.6) to determine the costs and from other areas, but does not believe conditions. It shall contain the steps to be loadings for a representative model there is sufficient data to expand the taken during mining and reclamation through mine associated with this proposed bond release to minimize disturbances to the applicability of the proposed Western hydrologic balance within the permit and subcategory. Alkaline Coal Mining Subcategory at adjacent areas; to prevent material damage EPA is proposing to define the term this time. EPA solicits comment on the outside the permit area; to meet applicable ‘‘sediment yield’’ to mean the sum of appropriateness of expanding the Federal and State water quality laws and the soil losses from a surface minus applicability of this proposed regulations; and to protect the rights of deposition in macro-topographic subcategory to include the control of present water users. The plan shall include depressions, at the toe of the hillslope, non-process water from other coal the measures to be taken to: Avoid acid or along field boundaries, or in terraces toxic drainage; prevent, to the extent possible mining related areas. and channels sculpted into the using the best technology currently available, hillslope. This definition is consistent EPA expects that, in general, the additional contributions of suspended solids sediment control plan will largely to streamflow; provide water-treatment with the definition established for the consist of materials generated as part of facilities when needed; control drainage; RUSLE modeling program. EPA solicits the SMCRA permit application. The restore approximate premining recharge comment on this definition of sediment SMCRA permit application process capacity and protect or replace rights of yield and on the appropriateness of requires a coal mining operator to present water users. The plan shall using this parameter as the basis for submit an extensive reclamation plan, specifically address any potential adverse determining sediment loadings. hydrologic consequences identified in the EPA is soliciting comment on documentation, and analysis to OSM or PHC determination prepared under the permitting authority for approval. establishing non-numeric effluent limits paragraph (f) of this section and shall include in the form of a requirement to develop The requirements of the reclamation preventive and remedial measures. plan are specified in 30 CFR 780.18 and implement a BMP-based sediment Based on these requirements, EPA Reclamation plan: General control plan rather than setting numeric believes that plans developed to comply requirements. effluent limitations. with SMCRA requirements will usually In brief summary, some of the OSM fulfill the requirements proposed by 1. BPT for the Western Alkaline Coal requirements that also directly relate to EPA for sediment control plans. The Mining Subcategory this proposal include requirements for requirement to use modeling techniques EPA today proposes BPT effluent coal mining operators to provide: A also is consistent with OSM reclamation limitations for the Western Alkaline description of coal mining operations; a plans, and mining facilities already Coal Mining Subcategory to control plan for regrading mined lands; a plan submit a watershed model as part of sediment discharge from reclamation for revegetating mined lands; a their SMCRA reclamation plan. EPA areas. For further information on the description of baseline ground water believes modeling is particularly basis for the limitations and and surface water characteristics; and an valuable in arid and semiarid areas technologies selected see the analysis of the hydrologic and geologic where the infrequency of precipitation Development Document for Proposed impacts caused by the reclamation makes it difficult to gather data. While Effluent Limitations Guidelines and activity. EPA is not proposing to require that Specifically, the plan requires a Standards for the Western Alkaline Coal operators use a specific model, the ‘‘probable hydrologic consequences Mining Subcategory. operator would have to use the same As previously described in Section II, (PHC) determination.’’ 30 CFR 780.21 (f) model as was, or will be, used to acquire section 304(b)(1)(A) of the CWA (3) states: the SMCRA permit. This would ensure requires EPA to identify effluent The PHC determination shall include that the model used will be consistent reductions attainable through the findings on: (i) Whether adverse impacts may with OSM requirements and application of ‘‘best practicable control occur to the hydrologic balance; (ii) Whether reclamation plans. While EPA is technology currently available for acid-forming or toxic-forming materials are present that could result in the proposing that an appropriate sediment classes and categories of point sources.’’ contamination of surface or ground water control plan will depend on the Generally, EPA determines BPT effluent supplies; (iii) Whether the proposed sediment yield calculation, these levels based upon the average of the best operation may proximately result in models also typically calculate existing performance by facilities of contamination, diminution or interruption of additional parameters for undisturbed various sizes, ages, and unit processes an underground or surface source of water areas and reclamation areas for expected within each industrial category or within the proposed permit or adjacent areas storm events including: total runoff subcategory. In establishing BPT, EPA which is used for domestic, agricultural, volume, peak sediment yield, peak considers the cost of achieving pollution industrial or other legitimate purpose; and sediment concentration, average annual reductions in relation to the pollution (iv) What impact the proposed operation will have on: (A) Sediment yields from the sediment yield and average annual peak reduction benefits, the age of equipment disturbed area; (B) acidity, total suspended water discharge. A guidance manual and facilities, the processes employed, and dissolved solids, and other important entitled ‘‘Guidelines for the Use of the process changes required, engineering water quality parameters of local impact; (C) Revised Universal Soil Loss Equation aspects of the control technologies, non- flooding or streamflow alteration; (D) ground (RUSLE) Version 1.06 on Mined Lands, water quality environmental impacts,

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19456 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules and other factors the Administrator yield equal to or below pre-mined, negative economic impact to the deems appropriate. undisturbed conditions. This would industry. EPA is proposing that BPT for the ensure that natural conditions are 4. NSPS for the Western Alkaline Coal Western Coal Mining Subcategory maintained. In order to achieve these Mining Subcategory consist of designing and implementing results, EPA would require that the coal BMPs to maintain the average annual mining operator develop a sediment As discussed for BAT, EPA has not sediment yield equal to or below pre- control plan and run models. identified any more stringent treatment mined, undisturbed conditions. EPA is Requirements are further described in technology option that it considers to proposing this new subcategory the proposed regulatory text. represent NSPS level of control for primarily because of the negative non- As discussed in Section X of this discharges from post-mined land. water quality environmental impacts document, EPA estimates that today’s Further, EPA estimates that today’s created by the current requirements. proposal will result in a net cost savings proposal will result in a net cost savings Current requirements for reclamation to all affected surface mine operators, to all affected surface mine operators, areas (40 CFR part 434, subpart E) and will be at worst cost-neutral for and will be at worst cost-neutral to establish BPT, BAT, and NSPS based on affected underground operators affected underground operators. the use of sedimentation pond (although EPA believes that most will Therefore, implementing of NSPS technology, and set effluent limitations also incur cost savings). Therefore, standards will result in no barrier to for settleable solids and pH. The implementing these standards will entry based upon the establishment of existing guidelines apply to all result in no facility closures or negative this level of control for new sources. reclamation areas throughout the United economic impact to the industry. EPA EPA is therefore proposing that NSPS States, regardless of climate, projects that the proposed subcategory standards be established equivalent to topography, or type of mine drainage will result in annualized monetized BAT. (i.e., acid or alkaline). benefits of $43,000 to $769,000. Existing effluent limitation guidelines VII. Statistical and Monitoring establish relatively stringent controls on 2. BCT for the Western Alkaline Coal Procedures for the Coal Remining the amount of settleable solids that can Mining Subcategory Subcategory be discharged into waterways from In today’s proposal, EPA is not A. Statistical Procedures for the Coal reclamation areas. Although proposing effluent limitations for any Remining Subcategory sedimentation ponds are proven to be conventional pollutant and hence need effective at reducing sediment not propose to establish BCT limitations EPA’s proposed statistical procedures discharge, EPA believes that there are for this subcategory at this time. are presented in Appendix B of the numerous non-water quality impacts proposed regulation and described in 3. BAT for the Western Alkaline Coal that may harm the environment when detail in the Coal Remining Statistical Mining Subcategory sedimentation ponds are required to Support Document. These procedures meet current effluent limits. The EPA is proposing that BAT be apply to the Coal Remining negative non-water quality impacts equivalent to BPT for this subcategory to Subcategory. associated with existing regulations control sediment discharge for The objective of these statistical include: disturbing the natural reclamation areas. Existing effluent procedures is to provide a method for hydrologic balance of arid western limitations guidelines established BAT deciding when the pollutant levels of a drainage areas; accelerating erosion; based upon sedimentation pond discharge exceed baseline pollutant reducing groundwater recharge; technology. However, as previously levels. These procedures are intended to reducing water availability; and noted, non-water quality impacts can provide a good chance of detecting a impacting large areas of land for pond occur that may harm the environment substantial, continuing state of construction. A further discussion of when sedimentation ponds are required exceedance, while reducing the these impacts can be found in Sections to comply with current effluent limits likelihood of a ‘‘false alarm.’’ To do this, IV and IX of this document. for settleable solids. EPA is proposing it is essential to a have an adequate EPA believes that the current that BAT consist of designing and duration and frequency of sample requirements are not appropriate for implementing BMPs projected to collection to determine baseline and to arid and semiarid western reclamation maintain the average annual sediment determine compliance. areas because of the negative non-water yield equal to or below pre-mined, In developing these procedures, EPA quality impacts associated with the undisturbed conditions, which is considered the statistical distribution predominant use of sedimentation equivalent to proposed BPT. and characteristics of discharge loadings ponds, as discussed above. The EPA has not identified any more from pre-existing discharges, the appropriate goal for reclamation and stringent treatment technology that suitability of parametric and non- discharges from post-mined lands could represent BAT level of control for parametric statistical procedures for should be to mimic the natural maintaining discharge levels of such data, the number of samples conditions of the area that were present settleable solids consistent with natural, required for these procedures to perform prior to mining activities. In order to do undisturbed conditions on post-mined adequately and reliably, and the balance this, it is necessary to maintain the land in the arid west. EPA is therefore between false positive and false negative hydrologic balance and sediment proposing that BAT standards be decision error rates. EPA also loadings of natural, undisturbed established equivalent to BPT. Further, considered the cost involved with conditions on post-mined lands. EPA as discussed in Section X of this sample collection as well as delays in believes that use of BMPs to control document, EPA estimates that today’s permit approval during the sediment discharges is the only effective proposal will result in a net cost savings establishment of baseline, and is alternative control technology to to all affected surface mine operators, concerned that increased sampling sedimentation ponds. Therefore, EPA is and will be at worst cost-neutral for could potentially discourage remining. proposing that BPT consist of designing affected underground operators. In order to sufficiently characterize and implementing BMPs projected to Therefore, implementing BAT standards pollutant levels during baseline maintain the average annual sediment will result in no facility closures or determination and during each annual

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19457 monitoring period, EPA is requiring that the effectiveness of the proposed flows and loadings observed in mine at least one sample result be obtained statistical procedures in correctly discharges. The coefficient of variation per month for a period of 12 months. indicating when baseline conditions (CV) is the ratio of standard deviation to It is possible that one year of sampling have been exceeded and in providing mean. Sample CVs for iron loadings may not accurately characterize baseline reasonable protection from incorrectly range approximately from 0.25 to 4.00, levels, because discharge flows can vary deciding that baseline conditions have and commonly exceed 1.00. Sample CVs among years in response to inter-year been exceeded. Depending upon for manganese loadings range variations in rainfall and ground water comments and associated evidence, and approximately from 0.24 to 5.00. When flow. There is some risk that the depending upon EPA’s further the CV equals 1.00, an increase of the particular year chosen to characterize evaluations, EPA may modify or reject average loading by one standard baseline flows and loadings will be a these procedures, or may change the deviation above baseline implies a year of atypically high or low flow or recommended sample amount, to doubling of the loading. loadings. There may be a need to provide suitable decision error rates. The duration, frequency, and seasonal evaluate differences among baseline distribution of sampling are important years in loadings and flows, based on B. Monitoring To Establish Baseline aspects of a sampling plan, and can further analysis of data. Using such Conditions and To Demonstrate affect the precision and accuracy of information, EPA may provide optional Compliance for the Coal Remining statistical estimates as much as can the statistical procedures in a final Subcategory number of samples. To avoid systematic rulemaking and in the final version of EPA evaluated the duration and bias, sampling, during and after baseline the Coal Remining Statistical Support frequency of sampling necessary to determination, should systematically Document that could be used to account apply the proposed statistical cover all periods of the year during for the uncertainty in characterizing procedures. Those procedures are used which substantial discharge flows can baseline from a one-year sample to compare the levels of baseline be expected. duration, or that could be used to loadings to the levels of loadings during Unequal sampling of months could account for the unrepresentative remining or the period when the bias the baseline mean or median character of a baseline sampling year. discharge is permitted. Without an toward high or low loadings by over- Such procedures could employ adequate duration and frequency of sampling of high-flow or low-flow modifications of the proposed statistical sampling, the statistical procedures months. However, unequal sampling of procedures that use estimates of the would often fail to detect genuine different time periods can be accounted variance among baseline years in exceedance of baseline conditions. for using statistical estimation loadings, developed from long-term Based on the considerations described procedures appropriate to stratified datasets. Such procedures could employ below, EPA is proposing that the sampling. Stratified seasonal sampling, adjustments to the baseline sample smallest acceptable number and possibly with unequal sampling of statistics to account for a baseline frequency of samples is 12 monthly different time periods, is a suitable sampling year that was atypical in samples, taken consecutively over the alternative to regular monthly sampling, rainfall or discharge flow; such an course of one year. EPA believes this provided that correct statistical adjustment could be a factor (multiplier) number represents the absolute estimation procedures for stratified or a statistical equation estimated by minimum. sampling are applied to estimate the regression. EPA considered an adequate number mean, median, variance, interquartile The proposed statistical procedures of samples per year to be that number range, and other quantities used in the are intended to provide environmental that would allow an appropriate proposed statistical procedures. protection and to ensure compliance statistical procedure to detect a There may be acceptable alternatives with the effluent limitation guidelines difference, between a baseline year and to the proposed minimum duration and for BPT, BAT, and BCT. EPA has not yet a remining year, in the mean or median frequency of one sample per month for evaluated quantitatively the error rates loading, of one standard deviation twelve months. EPA has not thoroughly of these decision procedures. EPA (determined for the baseline loadings), evaluated the merits of alternative intends to evaluate the decision error with a probability (power) of at least sampling plans. Alternative plans could rates of each procedure by computer 0.75. be based upon subdivision of the year simulations. EPA solicits comments on The t-test is an appropriate statistical into distinct time periods that might be the proposed statistical procedures procedure for a yearly comparison sampled with different intensities, or presented in Appendix B of the because loadings from mine discharges could be based on other types of proposed regulation for calculating appear to be approximately distributed stratified sampling plans that attempt to limits and warning levels using baseline log-normally, and thus logarithms of account for seasonal variations. and post-baseline data: Baseline loadings are expected to be Seasonal stratification has the potential Determination and Compliance approximately distributed normally. to provide a basis for more precise Monitoring for Pre-existing Discharges The (non-parametric) Wilcoxon-Mann- estimates of baseline characteristics, if at Remining Operations. Development Whitney test is also appropriate for the sampling plan is designed and of these procedures is described in the yearly comparisons and has a power executed correctly and if results are Coal Remining Statistical Support nearly equal to that of the t-test when calculated using appropriate statistical Document. In particular, EPA solicits applied to normally distributed data. estimators. comments on (1) the details of the EPA determined that annual EPA solicits comments on the proposed statistical methodologies, (2) comparisons of baseline to remining requirements for the number of samples the relative merits of Procedures A and years based upon 12 samples in each to determine and monitor baseline, the B, (3) the merits of other statistical year were expected to have a power 0.75 sampling duration and frequency, and procedures that commenters may to detect a difference of one standard the plan of sampling over time. In propose, (4) the advantages and deviation. particular, EPA solicits comments on (1) disadvantages of the use of accelerated An increase of one standard deviation the adequacy of a sampling plan monitoring and decision rules based can represent a large increase in consisting of twelve monthly upon accelerated monitoring, and (5) loading, given the large variability of observations of concentration and flow

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19458 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules to calculate a monthly loading, (2) the loading from pre-existing discharges as subcategories over existing AML advantages and disadvantages of an unregulated requirement for conditions in the eastern United States seasonally-stratified sampling or other monitoring. and over the hydrologic imbalances plans for sampling over time, (3) the produced by application of current VIII. Non-Water Quality Environmental adequacy of a baseline characterization regulations in the western arid United Impacts of Proposed Regulations based upon one year of sampling and States. the likelihood and consequences of the The elimination or reduction of IX. Environmental Benefits Analysis baseline year being atypical of long-term pollution has the potential to aggravate baseline conditions, and (4) the other environmental problems. Under This section presents EPA’s estimates effectiveness of the proposed sampling sections 304(b) and 306 of the CWA, of the environmental benefits that requirements in correctly indicating EPA is required to consider these non- would occur under the proposed when baseline conditions have been water quality environmental impacts regulatory options. EPA’s complete exceeded and in providing reasonable (including energy requirements) in benefits assessment can be found in protection from incorrectly deciding developing effluent limitations Benefits Assessment of Proposed that baseline conditions have been guidelines and NSPS. In compliance Effluent Limitations Guidelines and exceeded. with these provisions, EPA has Standards for the Coal Mining Industry: evaluated the effect of this proposed Remining and Western Alkaline C. Additional Pollutant Parameters in regulation on air pollution, solid waste, Subcategories (hereafter referred to as Pre-existing Discharges energy requirements, and safety. the ‘‘Benefits Assessment’’; Record Although EPA is proposing to regulate Today’s proposed rule does not Section 5.0). A detailed summary is also iron, manganese, and pH, which is a require the implementation of treatment contained in Economic and subset of the parameters regulated under technologies that result in any increase Environmental Impact Analysis of the current guidelines and which are the in air emissions, in solid waste Proposed Effluent Limitations parameters addressed by the Rahall generation or in energy consumption Guidelines and Standards for the Coal Amendment, EPA is considering over present industry activities. Mining Industry: Remining and Western establishing limitations or monitoring Non-water quality environmental Alkaline Subcategories (hereafter requirements for additional parameters impacts are a major consideration for referred to as the ‘‘EA’’). that may also be indicators that a this rule because the rule is intended to A. Coal Remining Subcategory discharge is the result of coal mine improve or eliminate a number of operations. Acidity has been selected in existing non-water quality The water quality improvements Pennsylvania preferentially to pH environmental and safety problems. associated with the proposed rule for because a baseline load can be Remining operations have improved or remining depend on (1) changes in calculated for acidity, whereas pH does eliminated adverse non-water quality annual permitting rates for remining; (2) not readily lend itself to calculation of environmental conditions such as characteristics of sites selected for load. In addition, pH is a measurement abandoned and dangerous highwalls, remining; and (3) the type and of effective hydrogen ion concentration dangerous spoil piles and magnitude of the environmental and does not measure potential embankments, dangerous improvements expected from remining. hydrogen ions that are generated during impoundments, subsidence, mine The subcategory is designed to neutralization by the hydrolysis of openings, and clogged streams that pose standardize and facilitate the remining metals such as iron, manganese and a threat to health, safety, and the general permitting process to increase future aluminum. Typically, the (passive) welfare of people. EPA expects this permitting rates. Remining permits in treatment systems and chemical proposed rule to improve or eliminate Pennsylvania increased by an estimated addition used for acid mine drainage are these hazardous conditions at factor of three to eight following State designed with regards to acidity or net abandoned mine sites and believes that implementation of a regulation that is alkalinity (i.e., alkalinity minus acidity) remining has the potential to eliminate similar to today’s proposed remining and not pH. EPA is soliciting comments nearly three million feet of dangerous rule. EPA believes that implementing and data regarding the merits of acidity, highwall in the Appalachian and mid- today’s proposed rule is likely to have net alkalinity, and pH as regulated Continent coal regions. a similar effect on other States with parameters, or as parameters required to EPA also does not expect this remineable coal reserves and similar be monitored but not regulated. proposed rule to have an adverse impact acid mine drainage problems. The type Many mining operations also on health, safety, and the general and magnitude of site-specific water routinely monitor sulfate, which, in the welfare of people in the arid and quality improvements under the temperate climate of the Appalachian semiarid western coal region. The intent proposed rule are not expected to be Basin, is considered the most stable and of the rule is to allow runoff to flow dramatically different than those that reliable indicator of coal mine drainage naturally from disturbed and reclaimed have occurred under existing (Lovell, 1985, The Chemistry of Mine areas. EPA believes this is preferable to requirements in Pennsylvania. Drainage, and McCurry, 1986, retention in sedimentation ponds that is Of approximately 9,500 miles of acid Characterization of Ground Water accompanied by periodic releases of mine drainage impacted streams in Contamination Associated with Coal runoff containing sediment imbalances States where coal mining has previously Mines in West Virginia). Under most potentially disruptive to land stability. occurred (Record Section 3.2.2), EPA conditions associated with mining and Alternate sediment control technologies estimates that 2,900 to 4,800 miles may mine drainage in the Appalachian in these regions address and alleviate be improved by remining, with a Region and the Interior Basin, sulfate adverse non-water quality predicted 1,100 to 2,100 miles improved does not easily leave solution and is a environmental conditions such as: significantly. Based on the range of direct indicator of pyrite oxidation (acid quickly eroding stream banks, water loss expected stream mile improvements per mine drainage production). EPA is through evaporation, soil and slope 1,000 acres of Abandoned Mine Land soliciting comments and data regarding instability, and lack of vegetation. (AML) reclaimed (one to six) and an the merits of using sulfate as a Based on this evaluation, EPA prefers average of 38 acres of AML reclamation parameter for assessment of pollution the options proposed under these new per permit, EPA estimates

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19459 approximately 0.04 to 0.2 miles of the number of water quality criteria and are calculated for a five year period. stream improvement per remining exceedances in receiving water bodies EPA assumed that 57 percent of the project. EPA estimates that AML sites in the baseline (pre-remining) and post- acres permitted would actually be affected by the proposed rule have an baseline sampling periods for 11 reclaimed based on a study of 105 average of 70 highwall feet per acre. remining sites in the Coal Remining remining permits in Pennsylvania EPA also estimates that an additional Database for which relevant data exist. (Hawkins, 1995, Characterization and 216,000 to 307,000 feet of highwall (41 Exceedances of the human health Effectiveness of Remining Abandoned to 58 miles) will be targeted for removal criterion for pH (water plus organism Coal Mines in Pennsylvania). The study each year as a result of the proposed consumption, field pH) were eliminated found that on average, a remining site rule. EPA solicits comments on at two sites while exceedances of had 67 AML acres, of which 38 acres (or additional or alternative sources of data chronic aquatic life criteria were 57 percent), were actually reclaimed. for estimating the extent of AML eliminated for pH (field pH) at two sites The assumption that 38 to 44 percent of affected by the proposed rule. and iron at two sites. Exceedances of the acres reclaimed would be associated EPA assessed the potential impacts of acute aquatic life criterion for with significant decreases in AMD remining BMPs on water quality using manganese were eliminated at two sites. pollutant loads was based on the results pollutant loadings data from pre- Although surface water quality data of Pennsylvania’s study of 112 closed existing discharges at 13 mines included examined indicate changes in the remining sites, which showed in EPA’s Coal Remining Database number of water quality exceedances significant decreases in loads of acidity (Record Section 3.5.1). Approximately due to remining, nine of the 11 sites (44 percent), manganese (41 percent), 58 percent of the post-baseline consist of active remining operations iron (42 percent), and aluminum (38 observations showed a decrease in mean where the full environmental impacts of percent) of the associated pre-existing pollutant loadings. Approximately half BMPs have yet to be realized. discharges. A detailed explanation of all of these sites (27 percent of the post- Correlations between pre-existing assumptions is provided in the Benefits baseline observations) showed a discharge loads and pollutant Assessment document. statistically significant decrease in concentrations in receiving water can be EPA estimated water-related loadings. The 13 mines examined by used to determine the extent to which ecological benefits using the benefits EPA are active remining operations; remining BMPs are responsible for transfer approach with values taken decreases in pollutant loads are changes in surface water quality. from a benefit-cost study of surface expected to become more significant However, the lack of sufficient data on mine reclamation in central Appalachia with time. In comparison, relevant sources of acid mine drainage by Randall et al. (1978, Reclaiming Coal Pennsylvania’s Remining Site Study of upstream from pre-existing discharges at Surface Mines in Central Appalachia: A 112 closed remining sites (Record the selected mine sites made it difficult Case Study of the Benefits and Costs). Section 3.5.3) found significant to estimate these correlations. EPA’s analysis is based on two values decreases or elimination of loadings for Remining and the associated from the study: (1) Degradation of life- acidity, total iron and total manganese reclamation of AML is expected to support systems for aquatic and in 44 percent, 42 percent, and 41 generate ecological and recreational terrestrial wildlife and recreation percent respectively, of the pre-existing benefits by (1) improving terrestrial resources, valued at $37 per acre per discharges monitored. The Pennsylvania wildlife habitat, (2) reducing pollutant year (1998$); and (2) aesthetic damages, Remining Site Study focused on sites concentrations below levels that valued at $140 per acre per year (1998$). reclaimed to at least Stage II bond adversely affect aquatic biota, and (3) EPA estimated nonuse benefits using a release standards, so that the mitigating improving the aesthetic quality of land widely accepted approach developed by impacts of BMPs had ample time to take and water resources. EPA was able to Fisher and Raucher (1984, Intrinsic effect. EPA solicits comments on quantify and monetize some of the Benefits of Improved Water Quality: alternative or additional data sources for benefits expected from increased Conceptual and Empirical Perspectives), assessing the impacts of remining BMPs. remining using a benefits transfer where nonuse benefits are estimated as Remining generates human health approach. The benefits transfer one-half of the estimated water-related benefits by reducing the risk of injury at approach relies on information from recreational use benefits. The estimated AML sites and reducing discharge of existing benefit studies applicable to water-related benefits range from $0.53 acid mine drainage to waterways that assessing the benefits of improved to $0.89 million per year. are drinking water sources. However, environmental conditions at remining Reclaiming the surface area at AML the human health benefits associated sites. Benefits are estimated by sites will enhance the sites’ appearance with consumption of water and multiplying relevant values from the and improve wildlife habitats, organisms are not likely to be significant literature by the additional acreage positively affecting populations of because (1) acid mine drainage reclaimed under the remining various wildlife species, including game constituents are not bioaccumulative, subcategory. birds. This is likely to have a positive and adverse health effects associated EPA used the following assumptions effect on wildlife-oriented recreation, with fish consumption are therefore not to estimate annual benefit values for including hunting and wildlife viewing. expected; and (2) public drinking water ecological improvements: (1) 3,100 to EPA estimated land-related ecological sources are treated for most acid mine 4,400 acres will be permitted for benefits using the benefits transfer drainage constituents associated with reclamation under the proposed approach with values taken from a adverse health effects. Eliminating subcategory; (2) 57 percent of the acres study of improved opportunities for safety hazards by closing abandoned permitted will actually be reclaimed hunting and wildlife viewing resulting mine openings, regrading highwalls, (1,800 to 2,500 acres) ; (3) 38 percent to from open space preservation by Feather stabilizing unstable spoils, and 44 percent of acres reclaimed per year et al. (1999, Economic Valuation of removing hazardous waterbodies are expected to be associated with Environmental Benefits and the potentially prevents injuries and saves significant decreases in AMD pollutant Targeting Conservation Programs). lives. loads to surface water bodies; and (4) EPA’s analysis is based on two values EPA evaluated the potential impacts annualized benefits from remining begin from the study: (1) The average wildlife to human and aquatic life by comparing to occur five years after permit issuance viewing value, $21 per acre per year;

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19460 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules and (2) the improved pheasant hunting Vegetative cover may increase by five X. Economic Analysis value, $7 per acre per year. Based on an percent when BMPs are used. A. Introduction, Overview, and Sources aggregate value of $28 per acre per year, EPA was only able to monetize land- of Data EPA estimates land-related benefits of related benefits associated with This section presents EPA’s estimates $0.20 to $0.29 million per year. decreased surface area disturbance. The sum of the estimated monetary of the economic impacts that would Hunting benefits from increased values of the different benefit categories occur under the proposed regulatory availability of undisturbed open space results in total annual benefits of $0.73 options. The economic impacts are were estimated to be between $0.37 and to $1.17 million from implementing the evaluated for each subcategory for BPT, $2.46 per acre per year based on Feather proposed remining subcategory. This BCT, BAT, and NSPS as applicable. The estimate does not include benefit et al. (1999) and Scott et al. (1998). description of each proposed option and categories that EPA was unable to Annual land-related benefits of the the rationale for selection are given in quantify and/or monetize, which proposed subcategory range from $5,500 Section VI of today’s document. EPA’s include human health and safety to $36,500 per year, based on the value detailed economic impact assessment impacts. A more detailed discussion of of enhanced hunting opportunities. can be found in Economic and the benefits analysis is contained in However, this estimate does not account Environmental Impact Analysis of both the EA and the Benefits for a number of benefit categories, Proposed Effluent Limitations Assessment. including nonuse ecological benefits Guidelines and Standards for the Coal that may account for the major portion Mining Industry: Remining and Western B. Western Alkaline Coal Mining of land-related benefits in relatively Alkaline Subcategories (referred to as Subcategory unpopulated areas such as those the ‘‘EA’’). EPA also prepared the Coal Only a small percentage of potentially affected by the proposed rule. Remining and Western Alkaline Mining: affected western coal mines discharge to Water-related benefits include Economic and Environmental Profile permanent or perennial water bodies. improved hydrologic and fluvial (Record Section 5.0) in support of Information about receiving waters is stability in the watersheds affected by today’s proposal. available for 39 of the existing western western mining operations. These This section of today’s document surface coal mines, and 30 of these benefits will be site-specific and depend describes the segment of the coal discharge to intermittent or ephemeral upon the nature of environmental industry that would be impacted by the creeks, washes, or arroyos. Only two of quality changes; the current in-stream rule (i.e., the number of firms and the mines list a permanent water water uses, if any, and; the population number of mines that would incur costs drainage feature as the primary expected to benefit from increased water or realize savings under the proposed receiving water. It is therefore difficult quantity. EPA estimated water-related rule), the financial condition of the to describe the benefits of the Western benefits using the estimated mean potentially affected firms, the aggregate cost or cost savings to that segment, and subcategory in terms of the use ‘‘willingness to pay’’ (WTP) values for designations referenced in the section economic impacts attributed to the preservation of perennial stream flows 101(a) goals of the Clean Water Act. proposed rule. The section also adequate to support abundant stream The environmental conditions and discusses impacts on small entities and side plants, animals and fish from naturally high sediment yields in arid presents a cost-benefit analysis. This Crandall et al. (1992, Valuing Riparian and semiarid coal regions are discussed discussion will form the basis for EPA’s Areas: A Southwestern Case Study). The in Section IV. The potential impacts of findings on regulatory flexibility, WTP value is applied to water-based the predominant use of sedimentation presented in Section XI.B. All costs are recreation consumers residing in ponds to control settleable solids in reported in 1998 dollars unless counties affected by western mining these regions include reduced sediment otherwise noted. As described in loads to natural drainage features, operations discharging to, or affecting, Section V of this document, EPA reduced downstream flood peaks and water bodies with perennial flow. EPA developed this proposal using an runoff volumes, and downstream identified seven perennial streams expedited rulemaking procedure. channel bed and bank changes. The located in six counties that are likely to Therefore, EPA’s economic analysis environmental and water quality effects be affected by the proposed rule. The relied on industry profile information of these hydrologic impacts include: (1) estimated monetary value of voluntarily provided by stakeholders, Reducing ground water recharge, (2) recreational water-related benefits for on data compiled from individual shrinking biological communities these streams ranges from $25,000 to mining permits, and on data from consisting of and reliant upon riparian $488,000. As noted above, EPA publicly available sources. For the Coal and hydrophytic vegetation, (3) estimates that nonuse benefits are equal Remining Subcategory, EPA obtained degrading downstream channel beds to one-half of the water-related information on abandoned mine lands from ‘‘clean’’ water releases, and (4) recreational benefits, or $12,500 to from the Abandoned Mine Lands accelerating erosion. $244,000 per year. Information System (AMLIS) Site-specific alternative sediment Total estimated annualized benefits maintained by the Office of Surface control plans incorporating BMPs from implementing the proposed Mining (Record Section 3.5.2), the designed and implemented to control subcategory range from $43,000 to National Abandoned Lands Inventory sediment and erosion have the potential $768,500. This estimate does not System (NALIS) database maintained by to provide both land and water-related include benefit categories that EPA was the Pennsylvania Department of benefits. Land-related benefits include unable to quantify and/or monetize, Environmental Protection (Record decreased surface area disturbance, which include increased vegetative Section 3.5.5), and a survey of states increased soil conservation, and cover and some additional recreational conducted by the Interstate Mining improved vegetation. Surface and non-use benefits associated with Compact Commission (Record Section disturbance is estimated to decrease by western alkaline coal mine reclamation 3.2.2). For Western Alkaline mines, EPA approximately 1,700 acres per year areas. A more detailed discussion of the relied on industry profile data across all existing potentially affected benefits analysis is contained in both developed and submitted to EPA by the surface mine sites in the western region. the EA and the Benefits Assessment. Western Coal Mining Work Group as

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19461 described in Section V. Specifically, the B. Method for Estimating Compliance requirements for operations permitted work group provided data on: coal mine Costs under the Rahall provision and operator, mine location, annual The costs and savings of today’s calculated the proposed monitoring production, reclamation permit proposal are associated with modeling costs that exceed the current State numbers, acres of land reclaimed, and requirements, BMP implementation, requirements. Current State sample reclamation bond amounts. This baseline monitoring, and performance collection requirements for determining information is included in Section 3.3 of monitoring. For each option and and monitoring baseline are included in the Record. geographic area, EPA estimated the Record at Section 3.4. Although EPA estimated that the Data on the coal industry as a whole, economic baseline conditions based on Remining Subcategory would be including coal production, employment, existing State and Federal regulations applicable to 64 to 91 remining sites and and prices, as well as information on and current industry practices. For 3,810 to 5,400 acres annually, EPA individual western alkaline remining, EPA assumed as economic baseline conditions remining under a projects that fewer sites would realize underground mines, were obtained from costs or benefits from this proposal. As various Energy Information Rahall permit, pursuant to section 301(p), rather than comparing to noted throughout this proposal, the Administration (EIA) sources, including compliance with current Part 434 Commonwealth of Pennsylvania has an the 1997 Coal Industry Annual, the 1998 regulations. Following this, EPA advanced remining program and EPA Annual Energy Outlook, and the 1992 estimated the incremental compliance does not believe that the proposal will Census of Mineral Industries. EPA used costs for each option proposed. have a measurable impact on the Security and Exchange Pennsylvania’s remining activities. Commission’s (SEC’s) Edgar database, 1. Coal Remining Subcategory Therefore, EPA did not include which provides access to various filings EPA projected costs for each remining Pennsylvania’s remining sites in the by publicly held firms, such as 8Ks and site by calculating the cost of increased estimation of costs or benefits. EPA’s 10Ks, for financial data and information monitoring requirements for cost and benefit analysis were on corporate structures. EPA also used determining baseline, the cost of calculated for a total of 43 to 61 sites a database maintained by Dun & potential increases in compliance representing 3,100 to 4,400 permitted Bradstreet, which provides estimates of monitoring requirements, and the acres each year. EPA estimates that employment and revenue for many potential costs associated with approximately 1,800 to 2,500 of these privately held firms, and obtained implementing the required pollution acres would actually be reclaimed each industry financial performance data abatement plan. To assess the increased year. Table X. B.1 shows the various from Leo Troy’s Almanac of Business monitoring requirements of the estimates EPA used in the estimation of and Industrial Financial Ratios. proposal, EPA evaluated current State costs and benefits.

TABLE X. B.1.ÐANNUAL ESTIMATES OF AFFECTED REMINING SITES USED IN THE ECONOMIC ANALYSES

Number Additional sites permitted of sites Acres Used in analysis of:

All types, all states (initial estimate) ...... 64±91 3,812±5,401 All types, excluding PA ...... 43±61 3,111±4,407 Monitoring costs for selected states; NPDES permit- ting authority costs. 10% of surface & under-ground sites only (no coal 3.9±5.6 309±438 Costs of additional BMPs. refuse piles), excluding PA. Additional acres reclaimed: (57% of acres permitted, ...... 1,773±2,512 Benefits from recreational use of reclaimed land. all types excluding PA). Additional acres reclaimed expected to have signifi- ...... 667±1,115 Benefits from recreational use of improved water cant decreases in AMD pollutant loads (37.6± bodies; Aesthetic improvements in water bodies; 44.4% of additional reclaimed acres). Non-use benefits.

2. Western Alkaline Coal Mining affected by today’s proposal; hence only associated with surface reclamation Subcategory the remaining 46 surface mines were areas at underground mines. included in the analyses of costs and The proposed subcategory will Although EPA believes that benefits. include alkaline drainage from compliance with the proposed rule reclamation areas at surface and The only incremental cost attributed would result in operational savings for underground coal mines located west of to the proposed subcategory is both surface mine operators and many the 100th meridian in arid or semiarid associated with the watershed modeling underground producers, EPA did not environments with average annual requirements discussed in Section VI. estimate the savings for underground precipitation of 26 inches or less. EPA’s Information provided by OSM (Record producers due to data limitations. The Coal Remining and Western Alkaline Section 7.2) indicates that most coal industry profile submitted by the Mining: Economic and Environmental mine operators already perform Western Coal Mining Work Group did Profile provides profile information on modeling (to support their SMCRA not provide information on disturbance the 47 surface coal mines and 24 permit applications) that is sufficient to acreage, mine life, or bond amounts for underground coal mines EPA initially meet today’s proposed requirements. the underground mines, and the model believed to be in the scope of the The information also indicates that a mine analysis addressed conditions proposed subcategory. However, EPA typical underground operator would not typical of surface mines rather than determined that one of the surface incur any additional modeling costs as underground mines. It was therefore not mines profiled was already in the final a result of today’s proposed rule due to possible to estimate cost savings reclamation stage and would not be the small acreage and lack of complexity associated with the proposed

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19462 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules subcategory for reclamation of surface Rahall provisions in their remining included in a SMCRA-approved areas at underground mines. However, permits. For these states, EPA has pollution abatement plan. any savings are likely to be small given conservatively assumed that an EPA developed a general estimate of the limited acreage and lack of additional 12 compliance monitoring the potential costs of additional BMPs complexity associated with these samples per year would be required for based on review of the existing remining reclamation areas. Hence, EPA assumes five years. permits contained in the Coal Remining that today’s proposal would be cost- Because each remining site will Database (Record Section 3.5.1), and on neutral for underground operators. EPA typically have more than one pre- information provided in the Coal solicits any data or comments regarding existing discharge, EPA reviewed Remining BMP Guidance Manual. EPA these assumptions. The remainder of Pennsylvania remining sites to estimate determined that the most likely this section considers only the 46 active the average number of pre-existing additional BMP that NPDES permit existing surface mines in its discussion. discharges per site. EPA used this writers might require would be a one- calculated average of four pre-existing time increase in the amount of alkaline C. Costs and Cost Savings of the discharges per site for estimating Regulatory Options material used as a soil amendment to baseline determination and compliance prevent the formation of acid mine 1. Coal Remining Subcategory monitoring costs (Record Section 3.3.1). drainage. EPA assumed that an average Additionally, EPA assumed that mine facility requiring additional BMPs Under the proposed rule, EPA is remining operators would have to would need to increase its alkaline requiring that operators conduct one purchase and install flow weirs to addition by a rate of 50 to 100 tons per year of monthly sampling to comply with the baseline monitoring acre to meet the additional NPDES characterize the baseline pollutant requirements in the States that do not permit review requirements. EPA levels for pH, iron (total), and incorporate Rahall provisions in their estimated an average cost for alkaline manganese (total). Although most states remining permits. These assumptions addition of $12.90/ton, and assumed with remining activities have similar result in an upper bound estimate of that 10 percent of surface and requirements, remining sites in Alabama additional monitoring costs for the 43 to underground remining sites would be and Kentucky will be required to add 61 potentially affected sites per year. six samples annually. EPA did not have EPA estimates the total annual required to incur these additional BMP data for Illinois, Indiana, or Tennessee incremental monitoring costs to be in costs. Because the typical BMP for coal because the remining operations that the range of $133,500 to $193,500. Of refuse piles is simply removal of the occur in these States do not incorporate this, between $83,000 and $120,000 is pile, no incremental BMP costs would Rahall provisions for pre-existing associated with incremental baseline be incurred for these sites. Based on discharges. EPA has conservatively monitoring requirements and between EPA’s estimate that between 309 and assumed monitoring costs for 12 $50,500 and $73,500 results from 438 acres could be required to additional samples annually for these incremental compliance monitoring implement additional or more intensive states. Information representing current during the five year mining period. BMPs each year, the estimated annual State sampling requirements is included Detailed assumptions and calculations cost of additional BMP requirements in the Record at Section 5. are presented in the EA. would range from $199,500 to $565,000. Although EPA is not requiring a In addition to monitoring, remining Based on the above assumptions, the specific monitoring frequency to operators must develop and implement total estimated incremental costs demonstrate compliance, EPA has a site-specific pollution abatement plan associated with the proposed rule range assumed monthly compliance for each remining site. In many cases, from $333,000 to $758,500 per year. monitoring for costing purposes. Most EPA believes that the requirements for These costs are based on EPA’s states already have similar the pollution abatement plan will be estimates of what is likely to happen in requirements, with the exception of satisfied by an approved SMCRA plan. the future, and they would be incurred Ohio, which currently requires quarterly However, EPA recognizes that some by new remining operations. Table X. modeling. Again, EPA did not have data operators may be required to implement C.1 summarizes the incremental costs for Illinois, Indiana, or Tennessee additional or more intensive BMPs associated with the proposed because these states do not incorporate under the proposed rule beyond what is subcategory.

TABLE X. C.1.ÐANNUAL COSTS FOR THE REMINING SUBCATEGORY

Monitoring Costs ...... $133,500±$193,500 Additional BMPs ...... $199,500±565,000

Total Compliance Costs ...... $333,000±758,500

2. Western Alkaline Coal Mining individual operator, and thus to the believes that plans developed to comply Subcategory subcategory as a whole. with SMCRA requirements will usually EPA expects that, in general, the fulfill the requirements proposed by The cost impacts of the proposed sediment control plan will largely EPA for sediment control plans. subcategory will vary, depending on consist of materials generated as part of EPA believes that the only site-specific conditions at each eligible the SMCRA permit application. The incremental cost attributed to the coal mine. However, based on data and SMCRA permit application process proposed subcategory is associated with information gathered to date, EPA requires that a coal mining operator the watershed modeling requirements believes that the costs of reclamation submit an extensive reclamation plan, discussed in Section VI of today’s under today’s proposal will be less than documentation and analysis to OSM or document. The requirement to use or equal to reclamation costs under the the permitting authority for approval. modeling techniques is also consistent existing effluent guidelines for each Based on these requirements, EPA with OSM reclamation plans. While

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OSM does not specifically require applications, mine records, technical before they are capable of meeting the modeling, most coal mine operators resources and industry experience. The existing standard. The BMP-based already perform watershed modeling to study estimated capital costs (design, approach in today’s proposal uses the support their SMCRA permit construction and removal of ponds and inspection of BMP design, construction, applications that is sufficient to meet BMPs) and operating costs (inspection, operation and maintenance to today’s proposed requirements. maintenance, and operation) over the demonstrate compliance instead of the However, some incremental costs may anticipated bonding period. current sampling and analysis of surface occur in cases where the rule increases Cost savings for reclamation at water drainage for reclamation success model complexity. Information existing surface mines were calculated evaluations. The report estimates that provided by OSM indicates that a by extrapolating the cost savings from the BMP-based approach would reduce typical surface mine operator may incur the model mine. The present value of the time it takes reclaimed lands to a one-time additional cost of zero to savings over a 10-year period for the qualify for Phase II bond release to $50,000 to meet the modeling model mine was calculated to be about five years. requirements in today’s proposal. These $672,000 (annualized at seven percent) EPA used the following assumptions figures represent the additional or $1,764 saving per acre. EPA used the to estimate cost savings due to earlier modeling effort attributed to today’s projected disturbance acreage divided Phase II bond release: (1) a Post-mining by the remaining mine life to estimate proposed requirements; they do not Phase II bonding period of ten years the annual acres reclaimed at each represent the total cost associated with under the current effluent guidelines existing mine site. This information was watershed modeling. Although most and five years under the proposed available for 26 mines and totaled 9,880 sites would not incur additional subcategory; (2) twenty-five percent of acres per year, or an average of 380 modeling costs, EPA conservatively the reported bond amount would be annual acres per mine. EPA assumed assumes that all 46 existing surface released at the end of Phase II; and (3) that the remaining 20 mines with operators would incur additional surety bonds were used, with annual incomplete data would each reclaim the modeling costs of $50,000. This fees between $3.75 and $5.50 per average 380 acres per year, resulting in assumption results in a total cost thousand. Twenty-six mines provided a total of 17,480 acres. Based on an estimate of $327,500 on an annualized average savings of $1,764 per acre, EPA information necessary to calculate basis. These costs would be offset by projects that the proposed subcategory associated bond savings. The total cost savings discussed below. will result in annual savings of $30.8 estimated savings for these mines range EPA projects that cost savings for this million. EPA solicits comment on this from $197,000 to $289,000 when subcategory would result from lower approach for estimating reclamation annualized at seven percent over the capital and operating costs associated cost savings. five year permit period. EPA assumes with implementing the proposed BMP EPA has also calculated cost savings that the remaining 20 mines for which plans, and from an expected reduction that may result from earlier Phase II savings could not be calculated would in the reclamation bonding period. The bond release. The OSM hydrology achieve the average savings per mine cost savings for controls based on BMPs requirements to release performance ($7,600 to $11,100) resulting in total were calculated for a representative bonds at Phase II at 30 CFR part annualized savings between $349,000 model mine and were submitted by the 800.40(c)(1), requires compliance with and $511,500. Detailed assumptions and Western Coal Mining Work Group. The the existing 0.5 ml/L effluent standard. calculations are contained in the EA. cost model is discussed in detail in the The Western Coal Mining Work Group, The estimated net savings in Development Document for Proposed in its draft Mine Modeling and compliance costs associated with the Effluent Limitations Guidelines and Performance Cost Report (Record proposed subcategory, considering Standards for the Western Alkaline Coal Section 3.3.2) estimates that the typical additional modeling costs and the Mining Subcategory and is included in post-mining Phase II bonding period can savings to mining operations in the Record at Section 3.3.2. The cost be ten years or more under the current sediment control and bonding costs, is estimates of the model mine relied on effluent guidelines. Reclamation areas estimated to be approximately $31 data taken from case study mine permit must achieve considerable maturity million, as shown in Table X. C.2.

TABLE X. C.2.ÐANNUAL COSTS AND COST SAVINGS FOR THE WESTERN ALKALINE SUBCATEGORY [Discounted at 7%]

Incremental Modeling Costs ...... $327,500 Sediment Control Costs (Savings) ...... ($30,835,000) Earlier Phase 2 Bond Release (Savings) ...... ($349,000±$511,500)

Total Compliance Costs (Savings) ...... ($30,857,000±$31,019,000)

D. Economic Impacts of Proposed existing remining permits. For new requirements will not create any barriers Options permits, remining operators will have to entry in coal remining, but instead the ability to choose among potential are specifically designed to encourage 1. Economic Impacts of Proposed Coal remining sites, and will only select sites new remining operations. Hence, the Remining Subcategory that they believe are economically Agency finds no significant negative As discussed in Section VI, EPA is achievable to remine. Furthermore, any impacts to the industry associated with proposing BPT, BCT, and BAT that have additional BMPs required by the NPDES the proposed subcategory. an equivalent technical basis and is not authority under the proposed rule will The implementation of a pollution proposing NSPS limitations for the be site-specific, with economic abatement plan containing BMPs may Remining Subcategory. EPA believes achievability considered in making a impose additional costs beyond what is that the proposed option will not impact BPJ determination. The proposed included in a SMCRA-approved

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19464 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules pollution abatement plan. At the same approximately 0.2 work years for the the Coal Remining Subcategory and time, the proposed subcategory may model mine. EPA assumed that each of watershed modeling results and increase profits at remining sites by the 46 western alkaline surface mines sediment control plans for the Western providing an incentive to mine coal would experience the same employment Alkaline Coal Mining Subcategory. from abandoned mine land areas that impact as predicted by the model mine EPA estimates that permit review will may have been avoided in the absence study (Record Section 3.3.6), resulting require an average of 35 hours of a of implementing regulations. The in the loss of 9.2 full-time employees permit writer’s time per site and that proposed subcategory will also affect (FTEs) per year. This represents 0.1 permit writers receive an hourly wage of the relative profitability of remining percent of the total 1997 coal mine $31.68. Based on these assumptions, different types of sites, with the employment (6,862 FTEs) in the western total annual costs to the NPDES potential to encourage remining of the alkaline region States. permitting authorities range from sites with the worst environmental The cost savings associated with the $47,500 to $67,500 for the 43 to 61 impacts. An analysis by the Department proposed subcategory are not expected additional sites that can be expected to of Energy (DOE) of potential remining to have a substantial impact on the be permitted under the proposed sites estimated an average coal recovery industry average cost of mining per ton subcategory. An upper bound estimate of between 2,300 and 3,300 tons per of coal, and therefore are not expected of costs associated with implementing acre of remined land (1993, Coal to have major impacts on coal prices. the proposed western subcategory Remining: Overview and Analysis). At While the savings are substantial in the assumes that all 46 existing surface these coal recovery rates, the estimated aggregate and for some individual mine mine permits are renewed. The total steady state annual increase in acres operators, on average they represent a incremental annual cost would be being remined would produce between small portion of the total value of coal $12,500 per year when annualized over 7.1 and 14.5 million tons of coal per produced from the affected mines. As the 5-year permit life (using a seven year. This represents only 1.5 to 3.1 described in the EA, the estimated percent discount rate). Total additional percent of total 1997 Appalachian coal savings from the proposed subcategory permit review costs for the proposed production of 468 million tons. The are equivalent to only 0.6 percent of the rule are therefore estimated to be same DOE report noted that, given the value of production at 25 mines for between $60,000 and $80,000 per year. general excess capacity in the coal which enough information was A detailed analysis is contained in the market, it is likely that coal produced available to make site-specific estimates EA. from new remining sites will simply of savings. As with the Coal Remining 2. Community Impacts displace coal produced elsewhere, with Subcategory, the proposed Western The proposed rule could have no net increase in production overall. Alkaline Coal Mining Subcategory is not community-level and regional impacts if The proposed remining subcategory is expected to result in significant it significantly altered the competitive therefore not expected to have a industry-level changes in coal position of coal produced in different significant impact on overall coal production or prices. production or prices. EPA is proposing NSPS limitations regions of the country, or led to growth or reductions in employment in equivalent to the limitations that are 2. Economic Impacts of Proposed different regions and communities. As proposed for BPT and BAT for the Western Alkaline Coal Mining described in the EA, the proposed rule Western Alkaline Coal Mining Subcategory is not likely to have significant impacts Subcategory. In general, EPA believes on relative coal production in the West As discussed in Section VI, EPA is that new sources will be able to comply versus the East. The proposed Remining proposing BPT, BAT, and NSPS at costs that are similar to or less than Subcategory is likely to shift the limitations that have an equivalent the costs for existing sources, because location of production and employment technical basis for the Western Alkaline new sources can apply control Coal Mining Subcategory. EPA toward eligible abandoned mine lands, technologies more efficiently than concludes that nearly all economic but not to increase national coal sources that need to retrofit for those impacts are positive for the proposed production and employment or affect technologies. Specifically, here, to the option and finds the preferred option to coal prices significantly overall. extent that existing sources have already be a cost savings to the industry and EPA projects that impacts of the incurred costs associated with installing thus, economically achievable. Because proposed Western Alkaline Coal Mine sedimentation ponds, new sources reclamation costs under today’s Subcategory on mine employment will would be able to avoid such costs. There proposal will be less than or equal to also be minor. As discussed above, EPA is nothing about today’s proposal that those under the existing effluent estimated a reduction in labor would give existing operators a cost guidelines for all individual operators, requirements of 9.2 FTEs per year by and thus, to the subcategory as a whole, advantage over new mine operators; extrapolating from the model mine no facility closures or direct job losses therefore, NSPS limitations will not results. This represents 0.1 percent of associated with post-compliance closure present a barrier to entry for new the total 1997 coal mine employment in are expected. However, EPA estimated facilities. the western alkaline region States. changes in labor requirements attributed E. Additional Impacts Regional multipliers relating total direct to the proposed subcategory by and indirect employment to coal extrapolating from the model mine 1. Costs to the NPDES Permitting industry employment range from 2.6 to results, which calculated changes in Authority 3.2 for the western alkaline region states labor hours associated with those Additional costs will be incurred by (U.S. Bureau of Economic Analysis, erosion and sediment control structures the NPDES permitting authority to Regional Input-Output Modeling that were used, or no longer used, under review new permit applications and Systems, ‘‘RIMSII’’). Therefore, the total either the existing guidelines or the issue revised permits based on the impact on employment, direct and proposed subcategory for the model proposed rule. Under the proposed rule, indirect, that may result from the mine. The results indicated that the NPDES permitting authorities will proposed western alkaline subcategory proposed subcategory would reduce review baseline pollutant levels and is a reduction of between 24 and 29 annual labor requirements by proposed pollution abatement plans for FTEs per year. This reduction in

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TABLE X. G.1.ÐANNUALIZED SOCIAL COSTS AND BENEFITS OF PROPOSED REMINING SUBCATEGORY

Social Costs (Discounted at 7%): Industry Compliance Costs ...... $330,000±$758,500 NPDES Permitting Costs ...... $47,500±$67,500

Total Social Costs ...... $380,500±$865,000 Monetized Social Benefits (Discounted at 3%):

Recreational use of improved water bodies ...... $100,500±$168,000 Aesthetic improvements to water bodies ...... $380,000±$635,500 Non-use (related to improved water bodies) ...... $51,500±$86,000

Total Water-Related Benefits ...... $532,000±$889,500 Recreational use of reclaimed land ...... $202,000±$286,000

Total Monetized Benefits ...... $734,000±$1,175,500

In addition to the monetized benefits value per ton of coal in Appalachia of society are expected to be shown in Table X. G.1, the increase in $26.55). approximately $31 million. The remining is projected to result in the The proposed Western Alkaline Coal proposed subcategory is also expected removal of some 216,000 to 307,000 feet Mining Subcategory is projected to to result in annual environmental of highwall each year, with benefits in result in net cost savings to society benefits valued between $43,000 and increased public safety. The increased while increasing environmental benefits $768,500—with the majority of benefits remining also has the potential to to society. The industry compliance resulting from recreational use of waters recover an estimated 7.1 to 14.5 million costs consist of watershed modeling with improved water flow. Table X. G.2 tons of coal per year that might costs and are offset by cost savings summarizes the social costs and benefits otherwise remain unrecovered, with a associated with the proposal, of the proposed Western Alkaline Coal value of approximately $188.5 to $ specifically reduced costs for sediment Mining Subcategory. 385.0 million (based on an average 1997 control and earlier Phase II bond release. Total annual cost savings to

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TABLE X. G.2.ÐANNUAL SOCIAL COSTS/SAVINGS AND BENEFITS OF THE PROPOSED WESTERN SUBCATEGORY

Social Costs and Cost Savings (Discounted at 7%): Associated Industry Cost Savings ...... ($31,183,000±$31,346,000) Industry Compliance Costs ...... $327,500 NPDES Permitting Costs ...... $12,500

Total Social Cost Savings ...... ($30,845,000±$31,007,000) Monetized Benefits (Discounted at 3%):

Avoided surface disturbance ...... $5,500±$36,500 Recreational benefits from improved water flow ...... $25,000±$488,000 Non-use benefits ...... $12,500±$244,000

Total Monetized Benefits ...... $43,000±$768,500

XI. Administrative Requirements organizations, and small governmental imposing limitations on pre-existing jurisdictions. discharges for which compliance is cost A. Executive Order 12866: Regulatory prohibitive. Despite the statutory Planning and Review For purposes of assessing the impacts of today’s rule on small entities, small authority for exemptions from these Under Executive Order 12866 (58 FR entity is defined as: (1) A small business limitations provided by the Rahall 51735, October 4, 1993), the Agency that has 500 or fewer employees (based Amendment, coal mining companies must determine whether the regulatory on SBA size standards); (2) a small and States remain hesitant to pursue action is ‘‘significant’’ and therefore governmental jurisdiction that is a remining without formal EPA subject to OMB review and the government of a city, county, town, guidelines. The proposed remining requirements of the Executive Order. school district or special district with a subcategory provides standardized The Order defines ‘‘significant population of less than 50,000; and (3) procedures for developing effluent regulatory action’’ as one that is likely a small organization that is any not-for- limits for pre-existing discharges, to result in a rule that may: profit enterprise which is independently thereby eliminating the uncertainty (1) Have an annual effect on the owned and operated and is not involved in interpreting and economy of $100 million or more or dominant in its field. implementing current Rahall adversely affect in a material way the After considering the economic requirements. The proposed subcategory economy, a sector of the economy, impact of today’s proposed rule on for remining is intended to remove productivity, competition, jobs, the small entities, I certify that this action barriers to the permitting of remining environment, public health or safety, or will not have significant economic sites with pre-existing discharges, and is State, local, or tribal governments or impact on a substantial number of small therefore expected to encourage communities; entities. In determining whether a rule remining activities by small entities. (2) Create a serious inconsistency or Thus, we have concluded that today’s otherwise interfere with an action taken has significant economic impact on a substantial number of small entities, the proposed rule will relieve regulatory or planned by another agency; burden for all small entities. We (3) Materially alter the budgetary impact of concern is any significant adverse economic impact on small continue to be interested in the impact of entitlements, grants, user fees, potential impacts of the proposed rule or loan programs or the rights and entities, since the primary purpose of the regulatory flexibility analysis is to on small entities and welcome obligations of recipients thereof; or comments on issues related to such (4) Raise novel legal or policy issues identify and address regulatory impacts. arising out of legal mandates, the alternatives ‘‘which minimize any President’s priorities, or the principles significant economic impact of the C. Unfunded Mandates Reform Act set forth in the Executive Order. proposed rule on small entities.’’ 5 It has been determined that this U.S.C. 603 and 604. Thus, an agency Title II of the Unfunded Mandates proposed rule is not a ‘‘significant may certify that a rule will not have a Reform Act of 1995 (UMRA), Public regulatory action’’ under the terms of significant economic impact on a Law 104–4, establishes requirements for Executive Order 12866 and is therefore substantial number of small entities if Federal agencies to assess the effects of not subject to OMB review. the rule relieves regulatory burden, or their regulatory actions on State, local, otherwise has a positive economic effect and tribal governments and the private B. Regulatory Flexibility Act as on all of the small entities subject to the sector. Under section 202 of the UMRA, Amended by the Small Business rule. EPA projects that the proposed EPA generally must prepare a written Regulatory Enforcement Fairness Act of subcategory for Western alkaline mines statement, including a cost-benefit 1996 (SBREFA), 5 U.S.C. 601 et seq. results in cost savings for all small analysis, for proposed and final rules The Regulatory Flexibility Act surface mine operators. For all small with ‘‘Federal mandates’’ that may generally requires an agency to prepare underground mine operators, EPA result in expenditures to State, local, a regulatory flexibility analysis for any projects no incremental costs, and the and tribal governments, in the aggregate, rule subject to notice and comment Agency believes that many are likely to or to the private sector, of $100 million rulemaking requirements under the experience some cost savings. Section X or more in any one year. Before Administrative Procedure Act or any of this document discusses the likely promulgating an EPA rule for which a other statute unless the agency certifies cost savings associated with the written statement is needed, section 205 that the rule will not have a significant subcategory in more detail. As described of the UMRA generally requires EPA to economic impact on a substantial in Section III of this document, the identify and consider a reasonable number of small entities. Small entities current regulations at 40 CFR part 434 number of regulatory alternatives and include small businesses, small create a disincentive for remining by adopt the least costly, most cost-

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This includes the time allows EPA to adopt an alternative other mining operations involved in needed to review instructions; develop, than the least costly, most cost-effective remediation of abandoned mine lands acquire, install, and utilize technology or least burdensome alternative if the and the associated acid mine drainage and systems for the purposes of Administrator publishes with the final during extraction of remaining coal collecting, validating, and verifying rule an explanation why that alternative resources. In addition, today’s proposed information, processing and was not adopted. Before EPA establishes rule requires an applicant involved in maintaining information, and disclosing any regulatory requirements that may reclamation of coal mining areas in arid and providing information; adjust the significantly or uniquely affect small regions to submit a sediment control existing ways to comply with any governments, including tribal plan for sediment control activities. previously applicable instructions and governments, it must have developed Information collection is needed to requirements; train personnel to be able under section 203 of the UMRA a small determine whether these plans will to respond to a collection of government agency plan. The plan must achieve the reclamation and information; search data sources; provide for notifying potentially environmental protection pursuant to complete and review the collection of affected small governments, enabling the Surface Mining Control and information; and transmit or otherwise officials of affected small governments Reclamation Act and the Clean Water disclose the information. to have meaningful and timely input in Act. Without this information, Federal An Agency may not conduct or the development of EPA regulatory and State regulatory authorities cannot sponsor, and a person is not required to proposals with significant Federal review and approve permit application respond to a collection of information intergovernmental mandates, and requests. Data collection and reporting unless it displays a currently valid OMB informing, educating, and advising requirements associated with these control number. The OMB control small governments on compliance with activities are substantively covered by numbers for EPA’s regulations are listed the regulatory requirements. the ‘‘Surface Mining Permit in 40 CFR Part 9 and 48 CFR Chapter Applications—Minimum Requirements 15. EPA has determined that the for Reclamation and Operation Plan—30 Comments are requested on the proposed rule, if promulgated, would CFR part 780’’ ICR, OMB Control Agency’s need for this information, the not contain a Federal mandate that will Number 1029–0036. Data collection and accuracy of the provided burden result in expenditures of $100 million or reporting requirements from today’s estimates, and any suggested methods more for State, local and tribal proposed rule that may not be included for minimizing respondent burden, governments, in the aggregate, or the in the 30 CFR part 780 ICR are: some including through the use of automated private sector in any one year. Although incremental baseline and annual collection techniques. Send comments the proposed rule will impose some monitoring and some sediment yield on the ICR to the Director, Collection permit review and approval modeling. Strategies Division; U.S. Environmental requirements on regulatory authorities, The initial burden for coal mining and Protection Agency (2822); 1200 EPA has determined that this cost remining sites under the proposed rule Pennsylvania Ave., NW, Washington, burden will be less than $80,000 is estimated at 74,478 hours and DC 20460; and to the Office of annually. Accordingly, today’s proposal $2,614,538 for baseline determination Information and Regulatory Affairs, is not subject to the requirements of monitoring at remining sites and Office of Management and Budget, 725 sections 202 and 205 of UMRA. EPA has additional sediment yield modeling at 17th St., NW, Washington, DC 20503, determined that this proposal contains Western Alkaline mining sites. The marked ‘‘Attention: Desk Officer for no regulatory requirements that might initial burden associated with EPA.’’ Include the ICR number in any significantly or uniquely affect small preparation of a site’s pollution correspondence. Since OMB is required governments. Thus, is not subject to the abatement plan or sediment control plan to make a decision concerning the ICR requirements of section 203 of the is already covered by an applicable between 30 and 60 days after April 11, UMRA. The proposal, if promulgated, SMCRA ICR. For the Western Alkaline 2000, a comment to OMB is best assured would not establish requirements that Subcategory, EPA estimates that 46 sites of having its full effect if OMB receives would apply to small governments. per year will experience an initial it by May 11, 2000. The final rule will D. Paperwork Reduction Act reporting burden of 72,588 hours; or an respond to any OMB or public average of 1,578 hours and $50,000 per comments on the information collection The information collection facility. For the Remining Subcategory, requirements contained in this proposal. requirements in this proposed rule have EPA estimated that 78 sites per year will been submitted for approval to the experience an initial reporting burden of E. National Technology Transfer and Office of Management and Budget 1,890 hours; or an average of 24 hours Advancement Act (OMB) under the Paperwork Reduction and $4,033 per facility. The annual Section 12(d) of the National Act, 44 U.S.C. 3501 et seq. An burden for coal mining and remining Technology Transfer and Advancement Information Collection Request (ICR) sites under the proposed rule is Act (NTTAA) of 1995, Pub L. No. 104– document has been prepared by EPA estimated at 3,024 hours and $189,302 113 Sec. 12(d) (15 U.S.C. 272 note) (ICR No.1944.01) and a copy may be for annual monitoring at coal remining directs EPA to use voluntary consensus obtained from Sandy Farmer by mail at sites. There is no annual burden standards in its regulatory activities Collection Strategies Division; U.S. associated with the Western Alkaline unless to do so would be inconsistent Environmental Protection Agency Subcategory. For the Remining with applicable law or otherwise (2822); 1200 Pennsylvania Ave., NW, Subcategory, the duration of the ICR is impractical. Voluntary consensus Washington, DC 20460, by email at three years. EPA estimated that 234 sites standards are technical standards (e.g., [email protected], or by (78 sites × 3 years) will each experience materials specifications, test methods, calling (202) 260–2740. A copy may also an annual burden of 13 hours and $809. sampling procedures, business

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19468 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules practices, etc.) that are developed or and localities. The rule establishes costs on those communities, unless the adopted by voluntary consensus effluent limitations imposing Federal government provides the funds standard bodies. The NTTAA directs requirements that apply to coal mining necessary to pay the direct compliance EPA to provide Congress, through the facilities when they discharge costs incurred by the tribal Office of Management and Budget wastewater. The rule does not apply governments, or EPA consults with (OMB), explanations when the Agency directly to States and localities and will those governments. If EPA complies by decides not to use available and only affect State and local governments consulting, Executive Order 13084 applicable voluntary consensus when they are administering CWA requires EPA to provide to the Office of standards. permitting programs. The proposed rule, Management and Budget, in a separately Today’s proposed rule requires at most, imposes minimal identified section of the preamble to the dischargers to monitor for TSS, administrative costs on States that have rule, a description of the extent of EPA’s magnesium, iron, and pH. All of these an authorized NPDES program. (These prior consultation with representatives analytes are required to be measured States must incorporate the new of affected tribal governments, a using consensus standards that are limitations and standards in new and summary of the nature of their concerns, specified in the tables at 40 CFR part reissued NPDES permits). Thus, the and a statement supporting the need to 136.3. requirements of section 6 of the issue the regulation. In addition, EPA welcomes comments on this Executive Order do not apply to this Executive Order 13084 requires EPA to aspect of the proposed rulemaking and, rule. Although section 6 of Executive develop an effective process permitting specifically, invites the public to Order 13132 does not apply to this rule, elected officials and other identify potentially-applicable EPA did consult extensively with State representatives of Indian tribal voluntary consensus standards and to officials in developing this proposal, as governments ‘‘to provide meaningful explain why such standards should be discussed in Section V of this and timely input in the development of used in this regulation. document. regulatory policies on matters that F. Executive Order 13132: Federalism In addition, in the spirit of this significantly or uniquely affect their Executive Order and consistent with communities.’’ Executive Order 13132, entitled EPA policy to promote communications Today’s rule does not significantly or ‘‘Federalism’’ (64 FR 43255, August 10, between EPA and State and local uniquely affect the communities of 1999), requires EPA to develop an governments, EPA specifically solicits Indian tribal governments. Although accountable process to ensure comment on this proposed rule from EPA has identified sites in the western ‘‘meaningful and timely input by State State and local officials. United States with existing coal mining and local officials in the development of operations that are located on Tribal G. Executive Order 13045: Protection of regulatory policies that have federalism lands, EPA projects that this proposal Children From Environmental Health implications.’’ ‘‘Policies that have will generate a net cost savings for these and Safety Risks federalism implications’’ is defined in mine sites. Accordingly, the the Executive Order to include The Executive Order ‘‘Protection of requirements of section 3(b) of regulations that have ‘‘substantial direct Children from Environmental Health Executive Order 13084 do not apply to effects on the States, on the relationship Risks and Safety Risks’’ (62 FR 19885, this rule. between the national government and April 23, 1997) applies to any rule that: Nevertheless, EPA consulted with the States, or on the distribution of (1) is determined to be ‘‘economically representatives of tribal governments. power and responsibilities among the significant’’ as defined under Executive EPA has identified sites in the western various levels of government.’’ Order 12866, and (2) concerns an United States with existing coal mining Under Section 6 of Executive Order environmental health or safety risk that operations that are located on Tribal 13132, EPA may not issue a regulation EPA has reason to believe may have a lands. With assistance from its that has federalism implications, that disproportionate effect on children. If American Indian Environmental Office, imposes substantial direct compliance the regulatory action meets both criteria, EPA has identified five Tribes as having costs, and that is not required by statute, the Agency must evaluate the lands in the western U.S. with, or unless the Federal government provides environmental health or safety effects of having an interest in, coal mining the funds necessary to pay the direct the planned rule on children; and activities. The Tribes are the Navajo compliance costs incurred by State and explain why the planned regulation is Nation, the Hopi Tribe, the Crow Tribe, local governments, or EPA consults with preferable to other potentially effective the Southern Ute Indian Tribe, and the State and local officials early in the and reasonably feasible alternatives Northern Cheyenne Tribe. EPA process of developing the proposed considered by the Agency. This rule is representatives met with Tribal officials regulation. EPA also may not issue a not subject to E.O. 13045 because it is from the Navajo Nation during coal regulation that has federalism neither ‘‘economically significant’’ as mine site visits in New Mexico and implications and that preempts State defined under Executive Order 12866, Arizona in August 1998 to review law, unless the Agency consults with nor does it concern an environmental environmental conditions and the State and local officials early in the health or safety risk that EPA has reason applicability of the proposed regulation. process of developing the proposed to believe may have a disproportionate In December 1999, EPA sent meeting regulation. effect on children. invitations to Tribal Chairmen, Directors This proposed rule does not have of Tribal Environmental Departments, federalism implications. It will not have H. Executive Order 13084: Consultation and other representatives of the five substantial direct effects on the States, and Coordination With Indian Tribal Tribes with existing or potential interest on the relationship between the national Governments in coal mining, and met with Tribal government and the States, or on the Under Executive Order 13084, EPA representatives from the Navajo Nation distribution of power and may not issue a regulation that is not and Hopi Tribes in Albuquerque, NM on responsibilities among the various required by statute, that significantly or December 16, 1999 to consult on the levels of government, as specified in uniquely affects the communities of proposed amendments to the existing Executive Order 13132. The rule will Indian Tribal governments, and that effluent limitations guidelines, and to not impose substantial costs on States imposes substantial direct compliance discuss plans for involvement at public

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19469 meetings in western locations. As a comment on this conclusion and on i. EPA is soliciting comment on the result of this consultation, EPA has potential options that may be applicability of the proposed Coal agreed to a comment period on this environmentally preferable to the Remining Subcategory in regard to Document of 90 days and has agreed to proposed Remining subcategory. EPA is permit reissuance and Rahall-type provide a copy of the relevant portions also soliciting comments and additional permits. (Refer to Section VI.A) of the Rulemaking Record at the western data on the extent of abandoned mine 3. Western Alkaline Coal Mining location identified in the ADDRESSES land that may be affected by the Subcategory Proposal section of this document. EPA has also proposed rule. (Refer to Section VI.A agreed to hold public meetings in three and Section IX.A) a. EPA is soliciting comments and locations that are convenient for b. EPA is soliciting comments on the data on the appropriateness of attendance by Tribal representatives. proposed statistical procedures expanding the applicability of this presented in Appendix B of the proposed subcategory to include the I. Plain Language Directive proposed regulation for calculating control of non-process water drainage Executive Order 12866 and the baseline limits and determining from active mining areas in the arid and President’s memorandum of June 1, compliance with baseline limits and on semiarid region. (Refer to Section VI.B) 1998, require each agency to write all the requirements for the number of b. EPA is soliciting comments on the rules in plain language. We invite your samples, the sampling duration and environmental impacts and benefits comments on how to make this frequency, and the plan of sampling associated with operating sedimentation proposed rule easier to understand. For over time. EPA is also soliciting ponds in the arid and semiarid west and example, have we organized the comments and data on the feasibility of on the problems that are associated with material to suit your needs? Are the using acidity, net alkalinity, pH, and disturbing the hydrologic balance in requirements in the rule clearly stated? sulfate as parameters for assessment of arid regions. (Refer to Section VI.B) Does the rule contain technical language pollution loading from pre-existing c. EPA also is soliciting comment on or jargon that isn’t clear? Would a discharges. (Refer to Section VII.B and the appropriateness of establishing different format (grouping and order of Section VII.C) effluent limitations requiring only BMP sections, use of headings, paragraphing) c. EPA is soliciting comments on the plans rather than setting numeric make the rule easier to understand? consistency of the proposed Remining limitations based on treatment Would more (but shorter) sections be subcategory with the Rahall technologies for drainage from better? Could we improve clarity by Amendment and with existing State reclamation areas in these regions. adding tables, lists, or diagrams? What remining programs. (Refer to Section (Refer to Section VI.B) else could we do to make the rule easier VI.A) d. EPA is soliciting comment on the to understand? d. EPA is soliciting comments on the appropriateness of BMP inspection to definition for pollution abatement area XII. Solicitation of Data and Comments determine compliance with and on any additional requirements of requirements of this subcategory. EPA A. Specific Data and Comment pollution abatement plans that would also is soliciting comment on Solicitation ensure the proper use, design and recommended procedures for and EPA has solicited comments and data implementation of BMPs for compliance frequency of such inspections. (Refer to on many individual topics throughout with the proposed regulations. EPA also Section VI.B) this preamble. EPA incorporates each is soliciting comments on how the e. As applies to the Western Alkaline and every such solicitation here, and proposed regulations could better define Coal Mining Subcategory, EPA defines reiterates its interest in receiving data a pollution abatement plan that would ‘‘sediment yield’’ to mean the sum of and comments on the issues addressed constitute BPT and on other treatment the soil losses from a surface minus by those solicitations. In addition, EPA technologies that would be deposition in macro-topographic particularly requests comments and data economically feasible and available for depressions, at the toe of the hillslope, on the following issues: control of pre-existing discharges. along field boundaries, or in terraces (Section VI.A) and channels sculpted into the 1. Regulatory Proposal e. EPA is soliciting comments on the hillslope. EPA is soliciting comments on a. EPA solicits comments on the data proposed applicability of the coal the definition of sediment yield and on and methods used to determine the remining subcategory as it relates to the appropriateness of using this benefit and cost impact values commingling pre-existing discharges parameter as the basis for determining supporting this proposed regulation. with active mining wastewater. (Refer to sediment loadings. (Refer to Section (Refer to Section IX and Section X) Section VI.A) VI.B) b. EPA solicits comment on the belief f. EPA is soliciting comments on the f. EPA is soliciting comments on the that this proposed rule will provide legal basis and technical support for approach used to estimate reclamation better environmental results than the alternative permits incorporating only cost savings that EPA expects will result current requirements. (Refer to Section BMP-based requirements with no from the proposed Western Alkaline III, Section IV, and Section VI) numeric limits and for information on Subcategory and on EPA’s assumption c. EPA is soliciting comments on the conditions to determine a site’s that today’s proposed subcategory potential impact of the proposed rule on eligibility. (Refer to Section VI.A) would be cost neutral for underground small entities and on issues related to g. EPA requests comment on how to operators. (Refer to Section X) such impacts. (Refer to Section XI.B) describe and structure the requirement to design and implement a pollution B. General Solicitation 2. Coal Remining Subcategory Proposal abatement plan to reduce pollutant EPA encourages public participation a. EPA believes that encouraging loadings from pre-existing discharges. in this rulemaking. EPA asks that remining operations through the (Refer to Section VI.A) comments address any perceived proposed subcategory has the potential h. EPA requests comment on how the deficiencies in the record supporting for improving hazardous conditions and regulations could better define the type this proposal and that suggested improving acid mine drainage from of plan that would constitute BPT and revisions or corrections be supported by abandoned mine lands. EPA is soliciting BAT. (Refer to Section VI.A) data. In addition, EPA requests

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19470 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules comments on the various methods of Direct discharger—A facility that discharges SS—Settleable Solids handling supporting data and or may discharge pollutants to waters of TMDL—Total Maximum Daily Loads information and on the applicability of the United States Toxic Pollutants—The pollutants designated these proposed guidelines, as they relate EPA—U.S. Environmental Protection Agency by EPA as toxic in 40 CFR 401.15. FDF—Fundamentally different factors— TSS—Total Suspended Solids to the definitions for coal remining and Variance UMRA—Unfunded Mandates Reform Act western alkaline coal mining. FR—Federal Register U.S.C.—United States Code EPA invites all parties to coordinate FTE—Full-time employees WIEB—Western Interstate Energy Board their data collection activities with EPA ICR—Information Collection Request WTP—Willingness to pay IMCC—Interstate Mining Compact to facilitate mutually beneficial and Commission List of Subjects in 40 CFR Part 434 cost-effective data submissions. Please Indirect discharger—A facility that refer to the FOR FURTHER INFORMATION introduces wastewater into a publicly Environmental protection, Mines, section at the beginning of this preamble owned treatment works Reporting and recordkeeping for technical contacts at EPA. IRFA—Initial Regulatory Flexibility Analysis requirements, Water pollution control. NAICS—North American Industry Dated: March 30, 2000. To ensure that EPA can properly Classification System respond to comments, EPA prefers that NCA—National Coal Association Carol M. Browner, commenters cite, where possible, the NMA—National Mining Association Administrator. paragraph(s) or sections in the NPDES—National Pollutant Discharge document or supporting documents to Elimination System For the reasons set forth in the which each comment refers. Please NRDC—Natural Resources Defense Council, preamble, 40 CFR part 434 is proposed submit an original and two copies of Incorporated to be amended as follows: NSPS—New source performance standards your comments and enclosures under section 306 of the Clean Water Act PART 434Ð[AMENDED] (including references). NTTAA—National Technology Transfer and Appendix A to the Preamble: Definitions, Advancement Act 1. The authority citation for part 434 Acronyms, and Abbreviations Used in This OMB—Office of Management and Budget continues to read as follows: Document OSM/OSMRE—Office of Surface Mining, Reclamation and Enforcement Authority: 33 U.S.C. 1311 1314(b), (c), (e), Act—Clean Water Act PADEP—Pennsylvania Department of and (g), 1316(b) and (c), 1317(b) and (c), and Agency—U.S. Environmental Protection Environmental Protection 1361. Agency PRA—Paperwork Reduction Act 2. Amend § 434.11 by adding Alkaline mine drainage—mine drainage PHC—Probable Hydrologic Consequence which, before any treatment, has a pH Pollution abatement area—The part of the paragraphs (u), (v), (w), (x), (y), and (z) equal to or greater than 6.0 and total iron permit area that is causing or to read as follows: concentration of less than 10 mg/L contributing to the baseline pollution § 434.11 General definitions. AML—Abandoned mine land load, including areas that must be AMLIS—Abandoned Mine Land Inventory affected to bring about significant (u) The term ‘‘coal remining System improvement of the baseline pollution operation’’ means a coal mining ASTM—American Society of Testing and load, and which may include the operation at a site on which coal mining Materials immediate location of the discharges. was conducted prior to August 3, 1977. BADCT—The best available demonstrated POTW—Publicly-owned treatment works PPA—Pollution Prevention Act of 1990 (v) The term ‘‘pollution abatement control technology, for new sources area’’ means the part of the permit area under section 306 of the Clean Water Act Pre-existing discharge—Any discharge Baseline—Pre-existing pollution loading. resulting from mining activities that is causing or contributing to the Baseline will be determined according to conducted prior to August 3, 1977. baseline pollution load, including areas the protocol set forth by EPA in PSNS—Pretreatment standards for new that would need to be affected to reduce promulgation of this proposed rule sources the pollution load. BAT—The best available technology Reclamation area—the surface area of a coal (w) The term ‘‘pre-existing discharge’’ economically achievable, under section mine that has been returned to required contour and on which revegetation means any discharge resulting from 304(b)(2)(B) of the Clean Water Act (specifically, seeding or planting) work mining activities conducted prior to BCT—Best conventional pollutant control has been commenced. August 3, 1977. technology under section 304(b)(4)(B) of Remining—Coal remining refers to a coal the Clean Water Act (x) The term ‘‘sediment’’ shall mean mining operation that began after BMP—Best management practices undissolved organic and inorganic February 4, 1987 at a site on which coal material transported or deposited by BOD—Biochemical oxygen demand mining was conducted before August 3, BPJ—Best professional judgement 1977. water. BPT—Best practicable control technology RFA—Regulatory Flexibility Act (y) The term ‘‘sediment yield’’ means currently available, under section RUSLE—Revised Universal Soil Loss the sum of the soil losses from a surface 304(b)(1) of the Clean Water Act Equation minus deposition in macro-topographic CBI—Confidential Business Information SBA—Small Business Administration depressions, at the toe of the hillslope, CFR—Code of Federal Regulations SBREFA—Small Business Regulatory Clean Water Act—Federal Water Pollution along field boundaries, or in terraces Enforcement Fairness Act and channels sculpted into the Control Act Amendments (33 U.S.C. Sediment—All undissolved organic and 1251 et seq.) inorganic material transported or hillslope. Conventional pollutants—Constituents of deposited by water. (z) The term ‘‘western coal mining wastewater as determined by section Sediment Yield—the sum of the soil losses operation’’ means a surface or 304(a)(4) of the Clean Water Act, from a surface minus deposition in underground coal mining operation including, but not limited to, pollutants macro-topographic depressions, at the located in the interior western United classified as biochemical oxygen toe of the hillslope, along field States, west of the 100th meridian west demanding, suspended solids, oil and boundaries, or in terraces and channels longitude, in an arid or semiarid grease, fecal coliform, and pH sculpted into the hillslope. CV—Coefficient of variation SIC—Standard Industrial Classifications environment with an average annual CWA—Clean Water Act SMCRA— Surface Mining Control and precipitation of 26.0 inches or less. CWAP—Clean Water Action Plan Reclamation Act 3. Revise § 434.50 to read as follows:

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§ 434.50 Applicability. technology economically achievable are subject to the provisions of § 434.61. The provisions of this subpart are (BAT). Pre-existing dischargers that have been, applicable to discharges from post- 434.73 Effluent limitations attainable by but are no longer commingled with application of the best conventional waste streams from active mining areas, mining areas, except as provided in pollutant control technology (BCT). § 434.80. 434.74 New source performance standards are subject to the provisions of this part. 4. Add subpart G, consisting of (NSPS). The effluent limitations in this subpart §§ 434.70 through 434.74, to read as apply to pre-existing discharges until follows: Subpart GÐCoal Remining the appropriate SMCRA authority has authorized bond release. Subpart GÐCoal Remining § 434.70 Applicability. This subpart applies to pre-existing § 434.71 Effluent limitations attainable by Sec. discharges that are located within the application of the best practicable 434.70 Applicability. pollution abatement areas of a coal control technology currently available 434.71 Effluent limitations attainable by the (BPT). application of the best practicable remining operation and that are not control technology currently available commingled with waste streams from (a) Except as provided in 40 CFR (BPT). active mining areas. Pre-existing 125.30 through 125.32, the following 434.72 Effluent limitations attainable by discharges that are commingled with effluent limits apply to pre-existing application of the best available waste streams from active mining areas discharges:

EFFLUENT LIMITATIONS

Pollutant Requirement

(1) Iron, total ...... May not exceed baseline loadings (as defined by Appendix B). (2) Manganese, total ...... May not exceed baseline loadings (as defined by Appendix B). (3) pH: ...... (i) If all baseline observations are within the range of 6.0 to 9.0 ..... Single observations must be in range of 6.0 to 9.0. (ii) If any baseline observation is <6.0 ...... Single observations must be ≥ lower limit (as defined by Appendix B) and ≤ 9.0. (iii) If any baseline observation is > 9.0 ...... Single observations must be ≤ upper limit (as defined in Appendix B) and ≥ 6.0. (4) TSS ...... May not exceed 70.0 mg/L for any 1 day. Average of daily values for 30 consecutive days may not exceed 35.0 mg/L.1 1 Except as provided in § 434.63

(b) Additionally, the operator must § 434.73 Effluent limitations attainable by control technology currently available submit a pollution abatement plan for application of the best conventional (BPT). the pollution abatement area to the pollutant control technology (BCT). 434.82 Effluent limitations attainable by permit authority, that in the Best Except as provided in 40 CFR 125.30 application of the best available through 125.32, pre-existing discharges technology economically achievable Professional Judgement (BPJ) of the (BAT). permit writer, represents the Best must comply with the effluent 434.83 Effluent limitations attainable by Available Technology (BAT) currently limitations listed in § 434.71 for pH and application of the best conventional available. The plan must be total suspended solids. The operator pollutant control technology (BCT). incorporated into the permit as an must also submit and implement a [Reserved] effluent limitation, and must be pollution abatement plan as specified in 434.84 New source performance standards designed to reduce the pollution load § 434.71. (NSPS). from pre-existing discharges. The plan § 434.74 New source performance Subpart HÐWestern Alkaline Coal must identify characteristics of the standards (NSPS). Mining pollution abatement area and the pre- NSPS effluent limitations are not existing discharges, and describe design § 434.80 Applicability. specifications for selected best applicable to this subcategory. Pre- existing discharges that are located in This subpart applies to alkaline mine management practices (BMPs). The plan drainage from reclamation areas must include periodic inspection and pollution abatement areas of a coal remining operation and are not associated with western coal mining maintenance schedules. The BMPs must operations. Reclamation areas not be implemented as specified in the plan. commingled with waste streams from active mining areas are considered associated with western coal mining § 434.72 Effluent limitations attainable by existing sources and must meet BPT, operations or that produce acid mine application of the best available technology BAT, and BCT effluent limitations at drainage are subject to the provisions economically achievable (BAT). §§ 434.71 through 434.73. established in Subpart E-Post-Mining Except as provided in 40 CFR 125.30 5. Add subpart H, consisting of Areas. The effluent limitations in this through 125.32, pre-existing discharges §§ 434.80 through 434.84, to read as subpart apply until the appropriate must comply with the effluent follows: SMCRA authority has authorized bond limitations listed in § 434.71 for iron release. Subpart HÐWestern Alkaline Coal and manganese. The operator must also § 434.81 Effluent limitations attainable by submit and implement a pollution Mining the application of the best practicable abatement plan that, in the Best Sec. control technology currently available Professional Judgement (BPJ) of the 434.80 Applicability. (BPT). permit writer, reflects BAT levels of 434.81 Effluent limitations attainable by the Except as provided in 40 CFR 125.30 control. application of the best practicable through 125.32, the following effluent

VerDate 202000 20:46 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm11 PsN: 11APP2 19472 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules limitations apply to alkaline mine that pollutant levels of total iron, total the maximum of the baseline drainage from reclamation areas of manganese, and pH in pre-existing observations (x(n)). Go to step 4. western coal mining operations: discharges shall not exceed baseline If at least 17 baseline observations (a) A western coal mining operator pollutant levels. The procedures were obtained, calculate the median (M) must submit a site-specific sediment described in this appendix shall be used of all baseline observations: control plan for surface reclamation for determining site-specific, baseline Instructions for calculation of M: 1 areas to the permitting authority. The pollutant levels, and for determining If n is odd, then M equals x(n/2 ∂ ¤2). sediment control plan must be discharge exceedances during coal For example, if there are 17 1 incorporated into the permit as an remining operations. Procedures A and observations, then M = X(17/2 ∂ ¤2) = x(9), effluent limitation. The sediment B are alternatives—either one may be the 9th highest observation. control plan must identify best selected by a permitting authority. If n is even, then M equals 0.5* (x(n/2) management practices. It also must Because pH data examined by EPA do + x(n/2 ∂ 1)). describe design specifications, not appear to be well-described by a log- For example, if there are 18 construction specifications, normal distribution, EPA recommends observations, then M equals 0.5 maintenance schedules, criteria for the use of Procedure A for determining multiplied by the sum of the 9th and inspection, as well as expected pH limits and exceedances. 10th highest observations. performance and longevity of the best 2. Below are the steps for running (a) Calculate M1 as the median of the management practices. Procedures A and B for determining subset of observations that range from (b) A western coal mining operator baseline and compliance with baseline the calculated M to the maximum x(n) must run a watershed model and submit pollution loading. Examples of these (b) Calculate M2 as the median of the results demonstrating that procedures are provided in Appendix A subset of observations that range from implementation of the sediment control of EPA’s Coal Remining Statistical the calculated M1 to x(n). plan will result in average annual Support Document. In order to (c) Calculate M3 as the median of the sediment yields that will not be greater sufficiently characterize pollutant levels subset of observations that range from than background levels from pre-mined, during baseline determination and the calculated M2 to x(n). undisturbed conditions. The operator during each annual monitoring period, (d) Calculate the single observation must use the same watershed model that it is required that at least one sample trigger (L) as the median of the subset was or will be used to acquire the result be obtained per month for a of observations that range from the SMCRA permit. period of 12 months. calculated M3 to x(n). (c) A western coal mining operator 3. In those cases where any baseline Note: When subsetting the data for each of must design, implement, and maintain observation is above 9.0 standard pH steps 3a–3d, the subset should include all sediment control measures in the units, an upper limit or trigger and observations greater than or equal to the manner specified in the sediment compliance should be determined in the median calculated in the previous step. If the control plan. same way limits and compliance are median calculated in the previous step is not determined for pollutant loadings. If the an actual observation, it is not included in § 434.82 Effluent limitations attainable by the new subset of observations. The new application of the best available technology upper limit determined in this manner is less than 9.0, the limit may be set at median value will then be calculated using economically achievable (BAT). the median procedure, based on whether the 9.0. In cases where any baseline Except as provided in 40 CFR 125.30 number of points in the subset is odd or observation for pH is less than 6.0 through 125.32, any existing western even. standard pH units, lower limits or coal mining operation subject to this triggers and compliance determinations Step 4. If a monitoring observation subpart must meet the effluent for pH should be determined using exceeds L, immediately begin weekly limitations listed in § 434.81. transformed data (Y = 14—pH). Once monitoring for four weeks (four weekly § 434.83 Effluent limitations attainable by the lower limit or trigger is determined samples). application of the best conventional for Y, it should be transformed back Step 5. If any two observations exceed pollutant control technology (BCT). (14—Limit for Y), to apply as standard L during weekly monitoring, declare [Reserved] pH units. If the lower limit determined exceedance of the baseline pollution loading. § 434.84 New source performance in this manner is greater than 6.0, then standards (NSPS). the limit may be set at 6.0. B. Calculation and Application of Any new source western coal mining II. Procedure A for Comparing Baseline Subtle Trigger (T) operation subject to this subpart must and Monitoring Loading Observations Step 1. Calculate M and M1 of the meet the effluent limitations listed in Procedure A implements a single baseline loading data as described in § 434.81. observation trigger, and a subtle trigger step 3 for the Single observation trigger 6. Add appendix B to part 434 to read used for annual comparisons. above. as follows: Step 2. Calculate M±1 as the median A. Calculation and Application of Appendix B to Part 434—Baseline of the baseline data which are less than Single Observation Trigger (L) Determination and Compliance or equal to the sample median M. Monitoring for Pre-existing Discharges Step 1. Count the number of baseline Step 3. Calculate R=(M1–M±1). at Remining Operations observations taken for the parameter of Step 4. The subtle trigger (T) is interest. Label this number n. calculated as: I. Summary Step 2. Order all baseline loading 158.[(.)]∗∗ 125 R 1. This appendix presents the observations from lowest to highest. Let TM=+ procedures to be used for establishing the lowest number (minimum) be x(1), ()135. ∗ n effluent limitations for pre-existing the next lowest be x(2), and so forth until discharges at coal remining operations, the highest number (maximum) is x(n). where n is the number of baseline in accordance with the requirements set Step 3. If less than 17 baseline loading observations. forth in this part, Coal Remining observations were obtained, then the Step 5. To compare baseline loading Subcategory. The requirements specify single observation trigger (L) will equal data to observations from the annual

VerDate 202000 20:46 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm11 PsN: 11APP2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19473 monitoring period, repeat steps 1–3 for III. Procedure B for Comparing parameter of interest. Label this number the set of monitoring observations. Label Baseline and Monitoring Loading n. the results of the calculations M’ and R’. Observations Step 2. Take the natural logarithm of Let m be the number of monitoring Procedure B implements a single all baseline loading observations. Label observations. observation limit and warning level, a the observations y1, y2, y31, ..., yn. Step 6. The subtle trigger (T’) of the Cumulative Sum limit and warning Step 3. Calculate the average of all the monitoring data is calculated as: level, and the Wilcoxon-Mann-Whitney natural logarithms. Label the average Ey. test for annual comparisons. The 158.[(.©)]∗∗ 125 R Step 4. Calculate A using the TM©©=− Cumulative Sum test is run each time a ()135. ∗ m new observation is acquired during equation: monitoring, to test for an increase in the 1 Step 7. If T’ > T , conclude that the mean of the loading observations. A = median loading of the monitoring  2  A. Calculation and Application of 1 −∗05. observations has exceeded the median  n  loading during the baseline period, and Single Observation Limit 2 declare an exceedance of the baseline Step 1. Count the number of baseline Step 5. Calculate sy using the pollution loading. loading observations taken for the equation:

()− 2   yEiy sA2 =∗∑ , with i ranging from 1 to n. y n −1

Step 6. Calculate Ex using the Step 3. Order the log-transformed D. Cusum Warning Level equation: observations based on collection time, Step 1. Let W be the Cumulative Sum and label them so that Y is the first 1 1 warning level for the first observation =+2 observation taken, Y is the second E x exp ()Eyy05. s 2 collected, W be the Cumulative Sum observation taken, and so forth. Y is the 2 n warning level for the second observation Step 7. Calculate the single last observation taken. taken, and so forth. observation limit as: Step 4. Calculate K using the Step 2. Calculate K and H using the equation: w w    equations: +∗2 K = Ey + 0.25* sy, exp Esyy2 . 3263  K = E + 0.5* s ,   where E is the baseline mean w y y y H = 3.5* s If the single observation limit is calculated in step 3 of the single w y Step 3. Calculate Wt by using steps 5 exceeded by any monitoring observation limit procedure, and sy is through 8 of the Cusum limit procedure, observation, then declare an exceedance the square root of the baseline variance replacing K with K . of the baseline pollution loading. calculated in step 5 of the single w observation limit procedure. Step 4. If any Wt reaches or exceeds B. Single Observation Warning Level Hw, then an investigation and further Step 5. Calculate C1 using the Step 1. Calculate the warning level as: equation: action should be considered. Step 5. Keep and report a chart Wt vs. C1 = Y1–K.    month or successive observation time, exp Es+∗1 . 6449 2 Step 6. Calculate C2 using the  yy  equation: and showing the Cusum warning level C = C +(Y ¥K) Hw. Consider making an investigation where E and s 2 are calculated in steps 2 1 2 y y If C is negative, then let C = 0. and taking action when the warning 3 and 5 of the single observation limit 2 2 Step 7. Calculate C using the level is reached. procedure. If the warning level, but not 3 equation: the single-observation limit, is reached, E. Annual comparisons C = C +(Y –K) then an investigation and further action 3 2 3 If C is negative, then let C = 0. Compare baseline year loadings with should be considered. 3 3 Step 8. Repeat step 7 for each of the current annual loadings using the Step 2. Keep and report a graph Wilcoxon-Mann-Whitney test. showing the monitoring observations remaining times, using the general equation (let t be some time between 3 Instructions for running the test are plotted against month or successive below: observation times, and also showing the and n): Ct = Ct-1 + (Yt–K) Step 1. Steps for running Wilcoxon- single observation limit, warning level, Mann-Whitney test: and E . If Ct is negative, then let Ct = 0. x Step 9. Calculate H using the (a) Let n be the number of baseline C. Calculation and Application of equation: loading observations taken, and let m be Cumulative Sum (Cusum) Limit H = 8.0* sy the number of monitoring loading This procedure is used to determine H is the Cusum limit, not to be observations taken. whether there is an increase in the mean exceeded by any Ct. (b) Order the combined baseline and of monitoring observations, and should Step 10. If any Ct reaches or exceeds monitoring observations from smallest be run after each new observation has H, then declare an exceedance of the to largest (the observations do not need been collected. baseline pollution loading. to be log-transformed for this test). Step 1. Let n be the number of Step 11. Keep and report a graph (c) Assign a rank to each observation monitoring observations. showing Ct versus successive based on the assigned order: the Step 2. Take the natural logarithm of observation times and showing the smallest observation will have rank 1, all the monitoring loading observations. Cusum limit H. the next smallest will have rank 2, and

VerDate 202000 17:13 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP2.SGM pfrm04 PsN: 11APP2 19474 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules so forth, up to the highest observation, and would be assigned a rank of 4. The and monitoring (i.e., n=12 and m=12), which will have rank n + m. other two numbers are both 4. Rather the critical value is 121. If two or more observations are tied than assign one a rank of 2 and the other (f) Compare C to S . If S is less than (have the same value), then the average n n a rank of 3, the average of 2 and 3 (i.e., C, then the monitoring loadings have rank for those observations should be 2.5) is given to both numbers. exceeded the baseline loadings. used. For example, suppose the (d) Sum all the assigned ranks of the following four values are being ranked: n baseline observations, and let this sum Alternatively, calculate Sm as the sum of ranks for the monitoring observations; if 3, 4, 6, 4. be Sn. ′ ¥ Since 3 is the lowest of the four (e) Obtain the critical value (C) from Sm exceeds C = [n(n+m+1) C], then the numbers, it would be assigned a rank of Table 1. For the case where 12 monthly monitoring loadings have exceeded the 1. The highest of the four numbers is 6, samples were collected for both baseline baseline loadings.

STEP 2.ÐEXAMPLE CALCULATIONS FOR WILCOXON-MANN-WHITNEY TEST

Baseline Data ...... 8.0 9.0 9.0 10.0 12.0 15.0 17.0 18.0 21.0 23.0 28.0 30.0

Monitoring Data ...... 9.0 10.0 11.0 12.0 13.0 14.0 16.0 18.0 20.0 24.0 29.0 31.0

Baseline Ranks ...... 1.0 3.0 3.0 5.5 8.5 12.0 14.0 15.5 18.0 19.0 21.0 23.0

Monitoring Ranks ...... 3.0 5.5 7.0 8.5 10.0 11.0 13.0 15.5 17.0 20.0 22.0 24.0 Note.ÐSum of Ranks for Baseline is Sn = 143.5, critical value is Cn, m = 121.

TABLE 1 TO APPENDIX B.ÐCRITICAL VALUES (C) OF THE WILCOXON-MANN-WHITNEY TEST (FOR A ONE-SIDED TEST AT THE 95% LEVEL) [In order to find the appropriate critical value, match column with correct n (number of baseline observations) to row with correct m (number of monitoring observations)]

n 10 11 12 13 14 15 16 17 18 19 20 m

10 ...... 83 98 113 129 147 165 185 205 227 249 273

11 ...... 87 101 117 134 152 171 191 211 233 256 280

12 ...... 90 105 121 139 157 176 197 218 240 263 288

13 ...... 93 109 126 143 162 182 202 224 247 271 295

14 ...... 97 113 130 148 167 187 208 231 254 278 303

15 ...... 100 117 134 153 172 193 214 237 260 285 311

16 ...... 104 121 139 157 177 198 220 243 267 292 318

17 ...... 107 124 143 162 183 204 226 250 274 300 326

18 ...... 111 128 147 167 188 209 232 256 281 307 334

18 ...... 114 132 151 172 193 215 238 263 288 314 341

20 ...... 118 136 156 176 198 221 244 269 295 321 349

[FR Doc. 00–8533 Filed 4–10–00; 8:45 am] BILLING CODE 6560±50±P

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Part III

Department of Transportation Office of the Secretary

Privacy Act of 1974: Systems of Records; Notice

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DEPARTMENT OF TRANSPORTATION DOT/CG 526 Adjudication and Settlement Active Duty Coast Guard Personnel. of Claims System. DOT/CG 641 Coast Guard Special Needs Office of the Secretary DOT/CG 528 Centralized Reserve Pay and Program. Retirement System. DOT/CG 642 Joint Maritime Information Privacy Act of 1974: Systems of DOT/CG 533 Retired Pay and Personnel Element, JMIE, Support System, JSS. Records System. DOT/CG 671 Biographical Statement. DOT/CG 534 Travel and Transportation of DOT/CG 676 Official Coast Guard Reserve AGENCY: Operating Administrations, Household Effects. Service Record. DOT. DOT/CG 535 Coast Guard Exchange DOT/CG 677 Coast Guard Reserve System, CGES, and Moral, Welfare and Personnel Mobilization System. ACTION: Notice to amend and delete Recreation, MWR, Program. DOT/CG 678 Reserve Personnel systems of records. DOT/CG 536 Contract and Real Property Management Information System File System. (Automated). SUMMARY: The United States Department DOT/CG 537 FHA Mortgage Insurance for DOT/FAA 801 Aircraft Registration System. of Transportation is publishing its Servicemen. DOT/FAA 807 Police Warrant File and Privacy Act System of Records notices DOT/CG 571 Disability Separation System. Central Files. subject to the Privacy Act of 1974 (5 DOT/CG 572 USCG Military Personnel DOT/FAA 811 Employee Health Record USC 552a) in their entirety. This notice Health Record System. System. incorporates a Purpose statement and DOT/CG 573 United States Public Health DOT/FAA 813 Civil Aviation Security makes any other minor changes or Services, PHS, Commissioned Officer System. deletions to existing notices. Corps Staffing and Recruitment Files. DOT/FAA 815 Investigative Record System. DOT/CG 576 USCG Non-Federal Invoice DOT/FAA 816 Tort Claims and Personal EFFECTIVE DATE: April 11, 2000. Processing System, NIPS. Property Claims Record System. ADDRESSES: Send comments to the DOT/CG 577 USCG Federal Medical Care DOT/FAA 821 Litigation and Claims Files Privacy Act Officer, United States Recovery Act, FMCRA, Record System. with Docket Sheet and Card Catalogue Department of Transportation, 400 7th DOT/CG 586 Chemical Transportation Index for Cross Reference. St., SW., Washington DC 20590. Industry Advisory Committee. DOT/FAA 822 Aviation Medical Examiner FOR FURTHER INFORMATION CONTACT: DOT/CG 588 Marine Safety Information System. Vanester M. Williams at (202) 366–1771. System, MSIS. DOT/FAA 825 Petitions for Rulemaking DOT/CG 589 United States Merchant Public Dockets. SUPPLEMENTARY INFORMATION: These Seamen’s Records. DOT/FAA 826 Petitions for Exemption minor changes are not within the DOT/CG 590 Vessel Identification System, (Other than Medical Exemption) Public purview of subsection (r) of the Privacy VIS. Dockets. Act of 1974, as amended, which DOT/CG 591 Merchant Vessel DOT/FAA 827 Environmental Litigation requires the submission of a new or Documentation System (Manual and Files. altered systems report. In addition, Automated). DOT/FAA 828 Physiological Training several departmental systems of records DOT/CG 592 Registered/Applicant Pilot System. Eligibility Folder. DOT/FAA 830 Representatives of the are being deleted as they are either DOT/CG 611 Investigative Case System. Administrator. covered by another system of record or DOT/CG 612 Port Security Card System. DOT/FAA 832 Pilot, Crewmember and are no longer in use. DOT/CG 622 Military Training and Aircraft Rental Flight Record System. Table of Contents Education Records. DOT/FAA 833 Housing Management DOT/CG 623 Military Pay and Personnel Monthly Report. Appendix Prefatory Statement of General System. DOT/FAA 837 Photographs and Routine Uses DOT/CG 624 Personnel Management Biographical Information. DOT/ALL 1—DOT Grievance Records Files. Information System, PMIS. DOT/FAA 845 Correspondence Control and DOT/ALL 5 Employee Counseling Services DOT/CG 625 Officer Selection and Information System. Program Records. Appointment System. DOT/FAA 847 General Air Transportation DOT/ALL 6 Workers’ Compensation DOT/CG 626 Official Officer Service Records on Individuals. Information System. Records. DOT/FAA 851 Administration and DOT/ALL 7 Departmental Accounting and DOT/CG 627 Enlisted Recruiting Selection Compliance Tracking in an Integrated Financial Information System, DAFIS. Record System. Office Network. DOT/ALL 8 Employee Transportation DOT/CG 628 Officer, Enlisted, and DOT/FHWA 204 FHWA Motor Carrier Facilitation. Recruiter Selection Test File. Safety Proposed Civil and Criminal DOT/ALL 9 Identification Media Record DOT/CG 629 Enlisted Personnel Record Enforcement Cases. System. System. DOT/FHWA 213 Driver Waiver File. DOT/ALL 10 Debt Collection File. DOT/CG 630 Coast Guard Family Housing. DOT/FHWA 215 Travel Advance File. DOT/ALL 11 Integrated Personnel and DOT/CG 631 Family Advocacy Case Record DOT/FHWA 216 Travel Voucher Change Payroll System, IPPS. System. of Duty Station. DOT/ALL 12 DOT Mentoring Program DOT/CG 632 Uniformed Services DOT/FHWA 217 Accounts Receivable. Records System. Identification and Privilege Card Record DOT/FRA 106 Occupational Safety and DOT/CG 501 Auxiliary Management System. Health Reporting System. Information System, AUXMIS. DOT/CG 633 Coast Guard Civilian DOT/FRA 130 Office of Chief Counsel DOT/CG 503 Motorboat Registration. Personnel Security Program. Individual Enforcement Case System. DOT/CG 505 Recreational Boating Law DOT/CG 634 Child Care Program Record DOT/FTA 177 FTA-Sponsored Reports Enforcement Case Files. System. Author File. DOT/CG 507 Coast Guard Supplement to DOT/CG 636 Personal Affairs Record DOT/FTA 194 Litigation and Claims Files. the Manual of Courts Martial System Coast Guard Military Personnel. DOT/MA 001 Attendance, Leave and Investigations. DOT/CG 637 Appointment of Trustee or Payroll Records of Employees and DOT/CG 508 Claims and Litigation. Guardian for Mentally Incompetent Certain Other Persons. DOT/CG 509 Non-Judicial Punishment Personnel. DOT/MA 002 Accounts Receivable. Report. DOT/CG 638 USCG Alcohol Abuse DOT/MA 003 Freedom of Information and DOT/CG 510 Records of Trial: Special, Prevention Program Record System. Privacy Request Records. General and Summary Courts-Martial. DOT/CG 639 Request for Remission of DOT/MA 004 Visitor Logs and Permits for DOT/CG 511 Legal Assistance Case File Indebtedness. Facilities Under Department Control. System. DOT/CG 640 Outside Employment of DOT/MA 005 Travel Records (Domestic and

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Foreign) of Employees and Certain Other Record System. FRA—Federal Railroad Administration. Persons. DOT/OST 019 Individual Personal Interests MARAD—Maritime Administration. DOT/MA 006 Executive Correspondence in Intellectual Property. NHTSA—National Highway Traffic Safety Files. DOT/OST 035 Personnel Security Record Administration. DOT/MA 007 Litigation, Claims, and System. RSPA—Research and Special Programs Administrative Proceeding Records. DOT/OST 037 Records of Confirmation Administration. DOT/MA 008 Property Accountability Proceeding Requirements for Proposed SLS—Saint Lawrence Seaway Development Files. Executive Appointments to the Corporation. DOT/MA 009 Records of Cash Receipts. Department of Transportation. TSC—Transportation Systems Center. DOT/MA 010 Employees Personnel Files DOT/OST 041 Correspondence Control FTA—Federal Transit Administration. Not Covered by Notices of Other Mail, CCM. Agencies. DOT/OST 045 Unsolicited Contract or General Routine Uses Under the DOT/MA 011 Biographical Files. Research and Development Proposals Privacy Act of 1974 DOT/MA 012 Applications to United States Embodying Claims of Proprietary Rights. Merchant Marine Academy, USMMA. DOT/OST 046 Visit Control Records The following routine uses apply, DOT/MA 013 Cadet Files, State Maritime System. except where otherwise noted or where Academies. DOT/OST 056 Garnishment Files. obviously not appropriate, to each DOT/MA 014 Citizenship Statements and DOT/OST 057 Honors Attorney system of records maintained by the Affidavits. Recruitment Files. Department of Transportation, DOT. DOT/MA 015 General Agent’s Protection DOT/OST 059 Files of the Board for 1. In the event that a system of records and Indemnity and Second Seaman’s Correction of Military Records, BCMR for maintained by DOT to carry out its Insurance; WSA and NSA. The Coast Guard. functions indicates a violation or DOT/MA 016 Marine Training School DOT/OST 100 Investigative Record System. Registrants. DOT/OST 101 Inspector General Reporting potential violation of law, whether civil, DOT/MA 017 Waivers of Liability to Board System, TIGR. criminal or regulatory in nature, and Reserve Fleet Vessels and Other Craft DOT/RSPA 02 National Defense Executive whether arising by general statute or Located at United States Merchant Reserve, NDER, File. particular program pursuant thereto, the Marine Academy. DOT/RSPA 04 Transportation Research relevant records in the system of records DOT/MA 018 National Defense Executive Activities Information Service, TRAIS. may be referred, as a routine use, to the Reserve. DOT/RSPA 05 Transportation Research appropriate agency, whether Federal, DOT/MA 020 Seamen’s Awards for Service, Information Service on line, TRIS-On- State, local or foreign, charged with the Line. Valor, etc. responsibility of investigating or DOT/MA 021 Seaman’s Employment DOT/RSPA 06 Emergency Alerting Analysis Records. Schedules. prosecuting such violation or charged DOT/MA 022 Seaman’s Unclaimed Wages DOT/RSPA 08 Technical Pipeline Safety with enforcing or implementing the (Vietnam Conflict). Standards Committee. statute, or rule, regulation, or order DOT/MA 024 USMMA Non-Appropriated DOT/RSPA 09 Hazardous Materials issued pursuant thereto. Fund Employees. Incident Telephonic Report System. 2. A record from this system of DOT/MA 025 USMMA Graduates. DOT/RSPA 10 Hazardous Materials records may be disclosed, as a routine DOT/MA 026 USMMA Midshipmen Incident Written Report System. use, to a Federal, State, or local agency Deposit Account Records. DOT/RSPA 11 Hazardous Materials Information Requests System. maintaining civil, criminal, or other DOT/MA 027 USMMA Midshipman Grade relevant enforcement information or Transcripts. DOT/SLS 151 Claimants under Federal Tort DOT/MA 028 USMMA Midshipman Claims Act. other pertinent information, such as Medical Files. DOT/SLS 152 Data Automation Program current licenses, if necessary to obtain DOT/MA 029 USMMA Midshipman Records. information relevant to a DOT decision Personnel Records. DOT/TSC 700 Automated Management concerning the hiring or retention of an DOT/NHTSA 401 Docket System. Information System. employee, the issuance of a security DOT/NHTSA 402 Highway Safety DOT/TSC 702 Legal Counsel Information clearance, the letting of a contract, or Literature Personal Author File. Files. the issuance of a license, grant or other DOT/TSC 703 Occupational Safety & Health DOT/NHTSA 409 Federal Motor Vehicle benefit. Safety Standards, FMVSS, Compliance. Reporting System. DOT/NHTSA 411 General Public DOT/TSC 704 Stand-By Personnel 3. A record from this system of Correspondence System. Information. records may be disclosed, as a routine DOT/NHTSA 413 Odometer Fraud Data DOT/TSC 707 Automated Manpower use, to a federal agency, in response to Files System. Distribution System. its request, in connection with the DOT/NHTSA 415 Office of Defects DOT/TSC 712 Automated Payroll/ hiring or retention of an employee, the Investigation/Defects Information Personnel/Communications/Security issuance of a security clearance, the Management System, ODI/DIMS. System. reporting of an investigation of an DOT/NHTSA 417 National Driver Register, DOT/TSC 714 Health Unit Employee Medical Records. employee, the letting of a contract, or NDR. the issuance of a license, grant, or other DOT/NHTSA 422 Temporary Exemption Notice of Systems of Records Petitions. benefit by the requesting agency, to the DOT/NHTSA 431 Civil Penalty The identification of the operating extent that the information is relevant Enforcement Files. unit or units within the Department to and necessary to the requesting agency’s DOT/NHTSA 436 Contract Grievance which the particular system of records decision on the matter. Records. pertains appears as ‘DOT’ followed by a 4a. Routine Use for Disclosure for Use DOT/NHTSA 463 Motor Vehicle and Motor designating abbreviation. The in Litigation. It shall be a routine use of Vehicle Equipment Import. abbreviations and their meanings are as the records in this system of records to DOT/OST 003 Allegations of Infringement follows: disclose them to the Department of of United States Patents. Justice or other Federal agency DOT/OST 004 Board for Correction of OST—Office of the Secretary of Military Records, BCMR. Transportation. conducting litigation when DOT/OST 012 Files Relating to Personnel CG—United States Coast Guard. (a) DOT, or any agency thereof, or Hearings. FAA—Federal Aviation Administration. (b) Any employee of DOT or any DOT/OST 016 General Investigations FHWA—Federal Highway Administration. agency thereof (including a member of

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Commander, 5th Coast Guard District, (d) The United States or any agency to support prosecution or fines against Federal Building, 431 Crawford Street, thereof, where DOT determines that the individual for violations of a statute, Portsmouth, VA 23704–5004. litigation is likely to affect the United or of regulations of the Department 3. Commander, 7th Coast Guard District, States, is a party to litigation or has an based on statutory authority. No such 909 SE First Ave., Brickell Plaza Federal interest in such litigation, and the use limitations apply to records requested Bldg., Miami, FL 33131–3050. of such records by the Department of 4. Commander, 8th Coast Guard District, for Congressional oversight or legislative Hale Boggs Federal Building, 500 Camp Justice or other Federal agency purposes; release is authorized under 49 Street, New Orleans, LA 70130–3396. conducting the litigation is deemed by CFR 10.35(9). 5. Commander, 9th Coast Guard District, DOT to be relevant and necessary in the 7. One or more records from a system 1240 East 9th St., Cleveland, OH 44199– litigation, provided, however, that in of records may be disclosed routinely to 2060. each case, DOT determines that the National Archives and Records 6. Commander, 11th Coast Guard District, disclosure of the records in the litigation Administration in records management Coast Guard Island, Alameda, CA 94501– is a use of the information contained in inspections being conducted under the 5100. the records that is compatible with the authority of 44 USC 2904 and 2906. 7. Commander, 13th Coast Guard District, Jackson Federal Bldg, 915 Second Ave., purpose for which the records were 8. [Reserved] Seattle, WA 98174–1067. collected. 9. DOT may make available to another 8. Commander, 14th Coast Guard District, 4b. Routine Use for Agency Disclosure agency or instrumentality of any Prince Kalanianaole, Federal Building, 300 in Other Proceedings. It shall be a government jurisdiction, including State Ala Moana Blvd., 9th Floor, Honolulu, HI routine use of records in this system to and local governments, listings of names 96580–4982. disclose them in proceedings before any from any system of records in DOT for 9. Commander, 17th Coast Guard District, court or adjudicative or administrative use in law enforcement activities, either PO Box 25517, Juneau, Alaska 99802–5517. body before which DOT or any agency civil or criminal, or to expose fraudulent 10. Superintendent, United States Coast thereof, appears, when claims, regardless of the stated purpose Guard Academy, 15 Mogehan Ave., New (a) DOT, or any agency thereof, or for the collection of the information in London, CT 06320–8100. 11. Commanding Officer, United States (b) Any employee of DOT or any the system of records. These Coast Guard Yard, 2401 Hawkins Point Road, agency thereof (including a member of enforcement activities are generally Bldg. 1, Baltimore, MD 21226–1797. the Coast Guard) in his/her official referred to as matching programs 12. Commanding Officer, United States capacity, or because two lists of names are checked Coast Guard Training Center, 1 Munro (c) Any employee of DOT or any for match using automated assistance. Avenue, Cape May, NJ 08204. agency thereof (including a member of This routine use is advisory in nature 13. Commanding Officer, United States the Coast Guard) in his/her individual and does not offer unrestricted access to Coast Guard Institute, 5900 SW 64th Street, capacity where DOT has agreed to systems of records for such law Room 235, Oklahoma City, OK 73169–6990. represent the employee, or (d) The enforcement and related antifraud 14. Commanding Officer, U.S Coast Guard, Aircraft Repair & Supply Center, Elizabeth United States or any agency thereof, activities. Each request will be City, NC 27909–5001. where DOT determines that the considered on the basis of its purpose, 15. Commanding Officer, United States proceeding is likely to affect the United merits, cost effectiveness and Coast Guard Aviation, 8501 Tanner Williams States, is a party to the proceeding or alternatives using Instructions on Road, Mobile, AL 36608–8322. has an interest in such proceeding, and reporting computer matching programs 16. Commanding Officer, United States DOT determines that use of such to the Office of Management and Coast Guard, 7323 Telegraph Rd., records is relevant and necessary in the Budget, OMB, Congress and the public, Alexandria, VA 22315–3940. proceeding, provided, however, that in published by the Director, OMB, dated 17. Commanding Officer, United States Coast Guard Reserve, Training Center, each case, DOT determines that September 20, 1989. 10. It shall be a routine use of the Yorktown, VA 23690–5000. disclosure of the records in the 18. Commanding Officer, United States proceeding is a use of the information information in any DOT system of Coast Guard, Training Center, 599 Tomales contained in the records that is records to provide to the Attorney Road, Petaluma, CA 94952–5000. compatible with the purpose for which General of the United States, or his/her 19. Commanding Officer, United States the records were collected. designee, information indicating that a Coast Guard Aviation, Technical Training 5. The information contained in this person meets any of the Center, Elizabeth City, NC 27909–5003. system of records will be disclosed to disqualifications for receipt, possession, 20. Commanding Officer, U.S. Coast Guard, the Office of Management and Budget, shipment, or transport of a firearm Research and Development Center, 1082 under the Brady Handgun Violence Shennecossett Road, Groton, CT 06340–6096. OMB in connection with the review of 21. Commanding Officer, U.S. Coast Guard, private relief legislation as set forth in Prevention Act. In case of a dispute Human Resources Services and Information OMB Circular No. A–19 at any stage of concerning the validity of the Center, Federal Bldg., 444 SE Quincy St., the legislative coordination and information provided by DOT to the Topeka, KS 66683–3591. clearance process as set forth in that Attorney General, or his/her designee, it Circular. shall be a routine use of the information DOT/ALL 1 6. Disclosure may be made to a in any DOT system of records to make SYSTEM NAME: Congressional office from the record of any disclosures of such information to DOT Grievance Records Files. an individual in response to an inquiry the National Background Information from the Congressional office made at Check System, established by the Brady SECURITY CLASSIFICATION: the request of that individual. In such Handgun Violence Prevention Act, as Unclassified, sensitive.

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SYSTEM LOCATION: PO Box 14, Anchorage, AK 99513–7587; performance of their authorized duties. Records are maintained in the Federal Aviation Administration, Provide information to officials of labor personnel office that services the Western Pacific Region, PO Box 92007, organizations recognized under the Civil aggrieved employee if the grievance was World Postal Center, Los Angeles, CA Service Reform Act when relevant and processed under Departmental 90009; Federal Aviation Administration, necessary to their duties of exclusive Personnel Manual, DPM 771–1, Agency Southern Region, PO Box 20636, representation concerning personnel Administrative Grievance System, Atlanta, GA 30320; Federal Aviation policies, practices, and matters affecting pursuant to 5 CFR part 771. If processed Administration, Great Lakes Region, work conditions. under a negotiated grievance procedure O’Hare Lake Office Center, 2300 East Devon Avenue, Des Plaines, IL 60018; DISCLOSURE TO CONSUMER REPORTING from an approved labor agreement on AGENCIES: Federal Aviation Administration, New behalf of a member, of a group of None. members, of a recognized collective England Region; 12 New England bargaining unit, or if processed by the Executive Park, Burlington, MA 01803; POLICIES AND PRACTICES FOR STORING, union, the grievance record is Federal Aviation Administration, RETRIEVING, ACCESSING, RETAINING, AND maintained in the office of the official Central Region, 601 East 12th Street, DISPOSING OF RECORDS IN THE SYSTEM: administering the labor agreement Kansas City, MO 64106; Federal STORAGE: Aviation Administration, Eastern pertaining to the collective bargaining File folders. unit. Addresses of servicing personnel Region, Fitzgerald Federal Building, JFK offices are as follows: USCG Civilian International Airport, Jamaica, NY RETRIEVABILITY: Personnel Office, CGPC–CPM, 2100 2nd 11430; Federal Aviation Administration, Names of the individuals on whom Street SW., Room 6224, Washington, DC Southwest Region, 2601 Meacham they are maintained, or by names and 20593–00001; Federal Highway Blvd., Fort Worth, TX 76137–4298; local identification of unions. Administration, Office of Human Federal Aviation Administration, Resources, 400 7th Street, SW., Room Northwest Mountain Region, 1601 Lind SAFEGUARDS: 4317,Washington, DC 20590; Federal Avenue SW., Renton, WA 98055–4056; These records are maintained in Railroad Administration, Office of Federal Aviation Administration, lockable metal filing cabinets to which Human Resources, 1120 Vermont Ave, William J. Hughes, Technical Center, only authorized personnel have access. Atlantic City Intl Airport, Atlantic City, NW, RAD–10, Stop 30, Washington, DC RETENTION AND DISPOSAL: 20005; Federal Transit Administration, NJ 08405; Federal Aviation Office of Human Resources, TAD–30, Administration; Mike Monroney These records may be disposed of 3 Room 9113, Washington, DC 20590; Aeronautical Center, PO Box 25082, years after closing of the case. Disposal Office of Inspector General, Office of Oklahoma City, OK 73125. is by shredding or burning. Human Resources, JM–20, Room 7107, CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM MANAGER(S) AND ADDRESS: Washington, DC 20590; Maritime SYSTEM: Director of Human Resource Administration, Office of Personnel, Current and former DOT employees Management, M–10, United States MAR–360, Room 8101, Washington, DC who have submitted grievances with Department of Transportation, 400 7th 20590; National Highway Traffic Safety their respective administrations under Street, SW., Room 7411, Washington, Administration, Office of Human OPM Letter 771–1, or grievances DC 20590 Resources, NAD–20, Room 5306, pertaining to members of DOT NOTIFICATION PROCEDURE: Washington, DC 20590; Departmental Collective Bargaining Units which were Office of Human Resource Management, submitted in accordance with Same as ‘‘System Manager.’’ Departmental Director, M–10, Room negotiated grievance procedures. 7411,Washington, DC 20590; RECORD ACCESS PROCEDURES: Transportation Administrative Service CATEGORIES OF RECORDS IN THE SYSTEM: Same as ‘‘System Manager.’’ Center, Human Resource Services, SVC– The system contains records relating CONTESTING RECORD PROCEDURES: 190, Room 2225, Washington, DC to grievances filed by or on behalf of Same as ‘‘System Manager.’’ 20590; Research and Special Programs DOT: statements of employees, Administration, Office of Human witnesses, reports of interviews and RECORD SOURCE CATEGORIES: Resources Management, DMA–40, Room hearings, fact-finders and/or arbitrator’s Individual on whom the records is 7108, Washington, DC 20590; Research findings and recommendations, copies maintained. Testimony of witnesses. and Special Programs Administration, of decisions and correspondence and Agency officials. Related VOLPE National Transportation exhibits. correspondence from organization or Systems Center, Human Resources persons. Management Division, DTS–84, Room AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 2–122, 55 Broadway, Cambridge, MS 5 U.S.C. 7121; 5 CFR part 771. EXEMPTIONS CLAIMED FOR THE SYSTEM: 02142–1093; Saint Lawrence Seaway PURPOSE(S): None. Development Corporation, Office of Determine validity of grievance. Administration, PO Box 520, 180 DOT/ALL 5 Andrews Street, Massena, NY 13662– ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM NAME: 0520; Surface Transportation Board, SYSTEM, INCLUDING CATEGORIES OF USERS AND Employee Counseling Services 1925 K Street, NW., Suite 880, THE PURPOSES OF SUCH USES: Program Records. Washington, DC 20423; Federal Disclose information to officials of the Aviation Administration, National Merit Systems Protection Board, SECURITY CLASSIFICATION: Headquarters, Office of Personnel, including the Office of the Special Unclassified, sensitive. AHP–1, Room 500E, 800 Independence Counsel; the Federal Labor Relations Avenue, SW., Washington, DC 20591; Authority and its General Counsel; or SYSTEM LOCATION: Federal Aviation Administration, the Equal Employment Opportunity Employee Counseling Service, which Alaskan Region, 222 West 7th Avenue, Commission when requested in provides counseling to the employee.

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Other Federal, state, or local POLICIES AND PRACTICES FOR STORING, Washington, DC; at the operating government, or private sector agency or RETRIEVING, ACCESSING, RETAINING, AND administration human resource institution providing counseling DISPOSING OF RECORDS IN THE SYSTEM: management offices in Washington, DC, services. STORAGE: and in their in regional offices and These records are maintained in file centers; and at the Departmental CATEGORIES OF INDIVIDUALS COVERED BY THE folders. Personnel and Policy Division at the SYSTEM: Mike Monroney Aeronautical Center in Current and former DOT employees RETRIEVABILITY: Oklahoma City, Oklahoma. who have been counseled or otherwise These records are retrieved by the treated regarding alcohol or drug abuse name or social security number of the CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: or for personal or emotional health individual on whom they are problems. maintained or by a unique case file All current and former DOT identifier. employees who file (d) claims for CATEGORIES OF RECORDS IN THE SYSTEM: Federal Employees’ Compensation, FEC, SAFEGUARDS: or report work-related injuries or Documentation of visits to employee occupational health-related illnesses. counselors (Federal, state, local These records are maintained in government, or private) and the locked file cabinets with regular access CATEGORIES OF RECORDS IN THE SYSTEM: strictly limited to employees directly diagnosis, recommended treatment, The system consists of information involved in the DOT’s Employee results of treatment, and other notes or that is derived from DOT personnel and Counseling Services Program. records of discussions held with the payroll records, and from Federal employee made by the counselor. RETENTION AND DISPOSAL: Employees’ Compensation claims Documentation of treatment by a private Records are maintained for three to records maintained by the Department therapist or a therapist at a Federal, six years after the employee’s last of Labor/Office of Workers’ state, local government, or private contact with DOT’s Employee Compensation Programs, OWCP. OWCP institution. Counseling Services Program. records include information regarding claims filed by DOT employees, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: members of the US Coast Guard 5 U.S.C. 3301 and 7901, 21 U.S.C. Director of Personnel, Office of the Auxiliary, and students at the US 1101, 42 U.S.C. 4541 and 4561, and 44 Secretary, M–10, Department of Merchant Marine Academy. U.S.C. 3101. Transportation, Room 7411, 400 7th AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Street, SW., Washington, DC 20590. PURPOSE(S): 5 U.S.C. Chapter 8101 et seq., 20 CFR Document the nature of the NOTIFICATION PROCEDURE: 1.1 et seq., 5 U.S.C. 552a, and individual’s problem and progress made Contact the DOT Employee Department of Labor and DOT and to record an individual’s Counseling Services Program implementing regulations. coordinator who arranged for participation in and the results of PURPOSE(S): counseling or treatment. community or private sector treatment The purpose of this system of records or rehabilitation programs. RECORD ACCESS PROCEDURES: is to establish and maintain an ROUTINE USES OF RECORDS MAINTAINED IN THE Same as ‘‘Notification Procedure.’’ automated data/information base that is SYSTEM, INCLUDING CATEGORIES OF USERS AND used to improve claims management of CONTESTING RECORD PROCEDURES THE PURPOSES OF SUCH USES: : the Federal Employees Compensation Same as ‘‘Notification Procedure.’’ program within the Department; Disclose information to qualified develop policy guidance; and promote personnel for the purpose of conducting RECORD SOURCE CATEGORIES: training programs. scientific research, management audits, Individual to whom it applies, the financial audits, or program evaluation, supervisor of the individual if the ROUTINE USES OF RECORDS MAINTAINED IN THE but such personnel may not identify, individual was referred by the SYSTEM, INCLUDING CATEGORIES OF USERS AND directly or indirectly, any individual Supervisor, the Employee Counseling THE PURPOSES OF SUCH USES: patient in any report or otherwise Service Program staff member who These records are maintained in disclose patient identities in any records the counseling session, and accordance with law and regulation in manner (when such records are therapists or institutions providing order to ensure proper and efficient provided to qualified researchers treatment. management of the Federal Employees employed by DOT, all patient Compensation program within DOT. identifying information shall be EXEMPTIONS CLAIMED FOR THE SYSTEM: These records are required to assure removed). Disclose information, when None. compliance with the law and an individual to whom a record pertains regulations and for maintaining program is mentally incompetent or under legal DOT/ALL 6 cost analysis and comparison disability, to any person who is SYSTEM NAME: information. These records provide responsible for the care of the Workers’ Compensation Information occupation-related data including individual. DOT’s General Routine Uses System. personnel data for the purpose of do not apply to this system. Whenever determining patterns of injury or illness possible, a partial disclosure will be SECURITY CLASSIFICATION: and determining case disposition made or a summary of the contents of Sensitive, unclassified. information. They are a source of the record will be disclosed. information for purposes of SYSTEM LOCATION: controverting claims when appropriate, DISCLOSURE TO CONSUMER REPORTING These records are maintained at the monitoring recovery of injured AGENCIES: Departmental Office of Human Resource employees and offering of light duty None. Management, Office of the Secretary, in assignments. Records in this system

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None. information for the development of Chief, Office of Civilian Personnel, DOT/ALL 7 policy guidance and/or training United States Coast Guard, 200 Second programs, for program review and Street SW., Washington, DC 20593. SYSTEM NAME: evaluation purposes, and for the Director, Office of Human Resources, Departmental Accounting and provision of management information Federal Highway Administration, 400 Financial Information System, DAFIS. on an as required or ad hoc basis. Users Seventh Street SW., Washington, DC SECURITY CLASSIFICATION: include DOT human resource 20590. management officials, safety and health Director, Office of Personnel, Federal Unclassified, sensitive. Railroad Administration, 1120 Vermont officials, supervisors, and managers. SYSTEM LOCATION: These records are to be held in Avenue NW, Washington, DC 20005. The system is located in Department confidence and no information shall be Director, Office of Human Resources, of Transportation, DOT Accounting disclosed except: National Highway Traffic Safety offices and selected program, policy, a. To the Department of Labor, OWCP, Administration, 400 Seventh Street SW., and budget Offices. These offices are OSHA, the DOT Office of Inspector Washington, DC 20590. located within the Office of the General, and/or OPM for review of Director, Office of Human Resources, Secretary, OST, the Research and appropriate case and/or investigative Federal Transit Administration, 400 Special Programs Administration, actions in collaboration with them. Seventh Street SW., Washington, DC b. Also, see the Prefatory Statement of 20590. RSPA, the Federal Aviation General Routine Uses. Director, Office of Personnel, Administration, FAA, the United States Maritime Administration, 400 Seventh Coast Guard, USCG, the Federal DISCLOSURE TO CONSUMER REPORTING Street SW., Washington, DC 20590. Highway Administration, FHWA, the AGENCIES: Director, Office of Human Resource National Highway Traffic Safety Not applicable. Management, Research and Special Administration, NHTSA, the Federal Programs Administration, 400 Seventh Transit Administration, FTA, the POLICIES AND PRACTICES FOR STORING, Maritime Administration, MARAD, and RETRIEVING, ACCESSING, RETAINING, AND Street SW., Washington, DC 20590. DISPOSING OF RECORDS IN THE SYSTEM: Principal, Human Resource Services, the Federal Railroad Administration, Transportation Administrative Service FRA. These offices exercise systems and STORAGE: Center, 400 Seventh Street SW., operational control over applicable These records are maintained in file Washington, DC 20590. records within the system. The system folders, magnetic tape and disk. Storage Director, Office of Human Resources, software is centrally maintained by the is at the geographic location of the Office of Inspector General, 400 Seventh Federal Aviation Administration’s Mike servicing human resource management Street SW., Washington, DC 20590. Monroney Aeronautical Center, offices, the Headquarters human Director, Office of Administration, Oklahoma City, Oklahoma. Some resource management policy offices, Saint Lawrence Seaway Development centralized reporting functions are and the Departmental Personnel and Corporation, 180 Andrews Street, performed at Oklahoma City. Payroll Division at the Mike Monroney Massena, NY 13662–1763. Aeronautical Center in Oklahoma City, Department of Transportation, CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Oklahoma. Regional Human Resource Management Officers. The system will cover: All civilian RETRIEVABILITY: employees of the FAA, USCG, NHTSA, Records are maintained by employee NOTIFICATION PROCEDURE: FHWA, OST, RSPA, FRA, FTA, and name, social security and FEC case Individuals wishing to know if their MARAD; and, the military employees of numbers, and regional/location records appear in this system of records USCG as their Operating identifiers. may inquire in person or writing to the Administrations are implemented on system manager. the system. SAFEGUARDS: Access to and use of these records are RECORD ACCESS PROCEDURES: CATEGORIES OF RECORDS IN THE SYSTEM: limited to those persons whose official Individuals who desire information Categories include payment records duties require such access. Direct access about themselves contained in this for non-payroll related expenses, to the automated database must be system of records should contact or payment records for payroll made off- authorized by the Departmental address their inquiries to the system line, collection records for payroll Manager, Department of Transportation manager. offsets, and labor cost records. Workers’ Compensation Program. CONTESTING RECORD PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETENTION AND DISPOSAL: Individuals who desire to contest 5 U.S.C. 301. These records are maintained and records about themselves contained in PURPOSE(S): disposed of in accordance FPMR 101 this system should contact or address 0911.4, General Records Schedules. their inquiries to the system manager. The purpose for collecting the data in the DAFIS System of Records is to SYSTEM MANAGER(S) AND ADDRESS: RECORD SOURCE CATEGORIES: control and facilitate the accounting and Departmental Manager, Department of Information contained in this system reporting of financial transactions for Transportation Workers’ Compensation is received from DOT records or OWCP DOT.

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ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM MANAGER(S) AND ADDRESS: PURPOSE(S): SYSTEM, INCLUDING CATEGORIES OF USERS AND DAFIS Accounting Manager (B–30), Parking management and fare subsidy THE PURPOSES OF SUCH USES: Office of the Secretary, Office of management. Accounting office personnel use these Financial Management, 400 Seventh records to: Provide employees with off- Street SW., Washington, DC 20590. ROUTINE USES OF RECORDS MAINTAINED IN THE line paychecks, travel advances, travel SYSTEM, INCLUDING CATEGORIES OF USERS AND reimbursements, and other official NOTIFICATION PROCEDURE: THE PURPOSES OF SUCH USES: reimbursements; Facilitate the Inquiries should be directed to the Carpool listing produced for use in distribution of labor charges for costing manager of the accounting Office creating or enlarging carpools or purposes; Track outstanding travel supporting the employee’s agency. vanpools. Used for production of advances, receivables, and other non- Agency accounting Managers will listings and reports. Used for periodic payroll amounts paid to employees, etc; contact the DAFIS System Managers review or revalidation. Used as part of and, Clear advances that were made listed above if any centralized support a program designed to ensure eligibility through the system in the form of off- is required for responses. for, and receipt of, fare subsidy. See line paychecks, payments for excess Prefatory Statement of General Routine household goods made on behalf of the RECORD ACCESS PROCEDURES: Uses. employee, garnishments, overdue travel Same as ‘‘Notification procedure.’’ advances, etc. See Prefatory Statement DISCLOSURES TO CONSUMER REPORTING CONTESTING RECORD PROCEDURES: AGENCIES: of General Routine Uses. Same as ‘‘Notification procedure.’’ Disclosures pursuant to 5 U.S.C. DISCLOSURES TO CONSUMER REPORTING 552a(b)(12). Disclosures may be made RECORD SOURCE CATEGORIES: AGENCIES: from this system to consumer reporting Disclosures pursuant to 5 U.S.C. Information is provided by the agencies (collecting on behalf of the 552a(b)(12): Disclosures may be made employee directly or through the DOT United States Government) as defined in from this system to ‘‘consumer reporting Consolidated Uniform Payroll System. the Fair Credit Reporting Act (15 U.S.C. agencies’’ as defined in the Fair Credit EXEMPTION CLAIMED FOR THE SYSTEM: 1681a(f)) or the Federal Claims Reporting Act (15 U.S.C. 1681a(f)) or the None. Collection Act of 1982 (31 U.S.C. Federal Claims Collection Act of 1982 3701(a)(3)). (31 U.S.C. 3701(a)(3)). DOT/ALL 8 POLICIES AND PRACTICES FOR STORING, POLICIES AND PRACTICES FOR STORING, SYSTEM NAME: RETRIEVING, ACCESSING, RETAINING, AND RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: Employee Transportation Facilitation. STORAGE: STORAGE: SECURITY CLASSIFICATION: Records are stored in hard copy or Records are stored on magnetic tape, Unclassified, sensitive. electronically, depending on the magnetic disk, microforms, and in file SYSTEM LOCATION: number of entries at each installation. folders. Storage of file folders and Storage is at the geographic location of microforms is at the geographic location Department of Transportation, the servicing office. of the servicing accounting office. Transportation Administrative Service Magnetic tape and disk records are Center, TASC, Facilities Service Center, RETRIEVABILITY: Parking Management Office, 400 maintained at the central maintenance Records can be retrieved by name or site in Oklahoma City. Seventh Street, SW., Room P2–0327, Washington, DC 20590. Field by ZIP code of residence. RETRIEVABILITY: installations. SAFEGUARDS: Records are retrieved by employee Except for carpool listings, access is social security number. Retrieval is CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: accorded only to parking and fare accomplished by use of subsidy management offices. Printout of telecommunications. Holders of parking permits and members of carpools and vanpools. carpool listing used in matching SAFEGUARDS: Applicants for ridesharing information. program has name, agency, DOT permit Access to magnetic tape and disk Recipients of match letters for number, and work telephone number records is limited to authorized agency carpooling. Applicants and recipients of only and is available upon request. personnel through password security. fare subsidies issued by DOT. RETENTION AND DISPOSAL: Hardcopy files are accessible to authorized personnel and are kept in CATEGORIES OF RECORDS IN THE SYSTEM: Data are deleted and not retained on locked file cabinets during non-duty Records of holders of parking permits ADP once the individual leaves the hours. and records of carpool and vanpool system for any reason (i.e., is no longer members. Records and reports of status on the ridesharing listing, is no longer RETENTION AND DISPOSAL: of rideshare applications. Copies of a member of a carpool or vanpool, or no Original payment vouchers and applications and match letters received longer receives a fare subsidy). Record supporting documentation are retained by rideshare applicants. Applications copies of monthly reports and listings on site at the accounting office for a and certifications of fare subsidy are retained at each installation, period of three years. Certain recipients. Records and reports of headquarters and field, for three years, transportation documents are forwarded disbursements to fare subsidy forwarded to the Federal Records Center to the General Service Administration recipients. Information on local public for two more years, and then destroyed. for audit during that period. After three mass transit facilities and fare subsidy Consolidated reports of all installations years, records are sent to GSA’s Records programs. are retained at headquarters for three Centers for storage. Records are years, forwarded to the Federal Records destroyed after ten years and three AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Center for two more years, and then months. 5 U.S.C. 301; 49 U.S.C. 322. destroyed.

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SYSTEM MANAGER(S) AND ADDRESS: Lawrence Seaway Development will be destroyed within one year of Chief, Transportation Services Corporation, Research and Special termination of employment. Section, TASC Facilities Services Programs Administration, Bureau of SYSTEM MANAGER(S) AND ADDRESS: Center, Department of Transportation, Transportation Statistics, Maritime 400 Seventh Street, SW., Room P2– Administration, and Transportation a. Principal, TASC Security 0327, Washington, DC 20590. Field Administrative Service Center. Operations, SVC–150, Department of installations. Transportation, 400 7th Street, SW., CATEGORIES OF RECORDS IN THE SYSTEM: Washington, DC 20590 (address for OST NOTIFICATION PROCEDURES: Applications, photographs, receipts and all DOT operating administrations Same as System manager. for DOT identification cards and official except those below). credentials, temporary building passes, b. For USCG: Commandant, G–0, RECORD ACCESS PROCEDURES: security badges, and applications for United States Coast Guard, Washington, Same as System manager. other identification needed for official DC 20593. duties. c. For FAA: Director, Civil Aviation CONTESTING RECORD PROCEDURES: Security, Federal Aviation Same as System manager. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Administration, and 800 Independence 5 U.S.C. 301; 49 U.S.C. 322. RECORD SOURCE CATEGORIES: Avenue, SW., Washington, DC 20591. d. For FHWA: Chief, Operations and Applications submitted by PURPOSE(S): Services Division, Federal Highway individuals for parking permits, carpool To provide a ready concentration of Administration, 400 7th Street, SW., and vanpool membership, ridesharing employee personal data to facilitate Washington, DC 20590. information, and fare subsidies; from issuance, accountability, and recovery notifications from other Federal of required identification media issued NOTIFICATION PROCEDURE: agencies in the program; and from to employees and contractors. Same as System Manager, except that periodic certifications and reports for USCG, notification should be given regarding fare subsidies. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND to Commandant, G–TIS. EXEMPTIONS CLAIMED FOR THE SYSTEM: THE PURPOSES OF SUCH USES: RECORD ACCESS PROCEDURES: None. Records are maintained for control Same as Notification procedure. and accountability of DOT identification DOT/ALL 9 cards, credentials, and security badges CONTESTING RECORD PROCEDURES: SYSTEM NAME: issued to DOT employees, former Same as Notification procedure. employees, and contractors for Correspondence contesting records must Identification Media Record Systems. identification purposes and admittance include the full name and social SECURITY CLASSIFICATION: to the DOT facilities or for other official security number of the individual Unclassified. duties. See Preparatory Statement of concerned and documentation justifying General Routine Uses. the claim. SYSTEM LOCATION: RECORDS SOURCE CATEGORIES: Department of Transportation, DOT. DISCLOSURE TO CONSUMER REPORTING AGENCIES: a. TASC Security Operations, SVC– Individuals on whom the record is 150, 400 7th Street, SW., Washington, None. maintained. DC 20590; (for OST and all DOT POLICIES AND PRACTICES FOR STORING, EXEMPTIONS CLAIMED FOR THE SYSTEM: Operating Administrations except those RETRIEVING, ACCESSING, RETAINING, AND None. below). DISPOSING OF RECORDS IN THE SYSTEM: DOT/ALL 10 b. Commandant, G–CAS, United STORAGE: States Coast Guard Headquarters, G–0, The storage is on computer disks, SYSTEM NAME: Washington, DC 20591 and District and magnetic tape, and paper forms in file Area Offices. Debt Collection File. folders. c. Federal Aviation Administration, SECURITY CLASSIFICATION: Office of Civil Aviation Security, 800 RETRIEVABILITY: Sensitive, unclassified. Independence Avenue, SW., Retrieval from the system is by name, Washington, DC 20591; and each FAA social security number, date of birth, or SYSTEM LOCATION: Regional and Center Civil Aviation identification card number and can be Federal Aviation Administration, Security Divisions/Staff. accessed by authorized individuals. General Ledger Branch, Mike Monroney d. Federal Highway Administration, Aeronautical Center, and 6500 S. Operations and Services Divisions, 400 SAFEGUARDS: MacArthur Blvd., Oklahoma City, OK 7th Street, SW., Washington, DC 20590, Computers provide privacy and 73125. and all FHWA Regional Offices. access limitations by requiring a user name and password match. Access to CATEGORIES OF INDIVIDUALS COVERED BY THE CATEGORIES OF INDIVIDUALS COVERED BY THE decentralized segments are similarly SYSTEM: SYSTEM: controlled. Only those personnel with a Persons currently or formerly Present and former employees and need to have access to the system are associated with the Department of contractor employees in the Office of given user names and passwords. Data Transportation, DOT who are the Secretary, United States Coast are manually and/or electronically financially indebted to the United States Guard, Federal Aviation stored in a locked room with limited Government under some particular Administration, Federal Highway access. service or program of the DOT other Administration, Federal Transit than under a contract. Individuals may Administration, Federal Railroad RETENTION AND DISPOSAL: include current, retired, or formerly Administration, National Highway Information including applications, employed DOT personnel or personnel Traffic Safety Administration, St. photographs and identification media, from other Federal agencies.

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CATEGORIES OF RECORDS IN THE SYSTEM: collection agency for the purpose of voluntary repayment or implementing Information varies depending on the collection administered by the DOT. administrative or salary offset individual debtor, and includes the Debtor’s name, Social Security Number, procedures in the collection of unpaid history of debt collection activity on the the amount of debt, and the history of financial obligations owed the United individual. Normally, the name, Social the debt may be disclosed to any States Government from an individual Security Number, SSN, address, amount Federal agency where the individual affiliated with the DOT. An exception to of debt or delinquent amount, basis of debtor is employed or receiving some this routine use is an individual’s the debt, date debt arose, office referring form of remuneration for the purpose of mailing address obtained from the IRS debt, collection efforts, credit reports, enabling that agency to collect a debt pursuant to 26 U.S.C. 6103(m)(2). debt collection letters and owed the United States Government on correspondence to or from the debtor DOT’s behalf by counseling the debtor DISCLOSURE TO CONSUMER REPORTING AGENCIES: relating to the debt. Correspondence for voluntary repayment or by initiating with employing agencies of debtors or administrative or salary offset Disclosure pursuant to 5 U.S.C. Office of Personnel Management or procedures under the provisions 552a(b)(12) may be made from this Department of Defense, as appropriate, services to recover monies owed to the record system to consumer reporting requesting that action begin to collect United States Government under certain agencies as defined in the Fair Credit the delinquent debt through voluntary programs or services of the Debt Reporting Act (15 U.S.C. 1681a(f)) or the or involuntary offset procedures against Collection Act of 1982 (Pub.L. 97–365). Federal Claims Collection Act of 1966 the employee’s salary or compensation To the Internal Revenue Service, IRS, by (31 U.S.C. 3701(a)(3)). The disclosure, due a retiree. computer matching to obtain the once determined to be valid and mailing address of a taxpayer for the overdue, is limited to information AUTHORITY FOR MAINTENANCE OF THE SYSTEM: purpose of locating such taxpayer to necessary to establish the identity of the Federal Claims Collection Act of 1966 collect or to compromise a Federal individual, including name, address, (Pub.L. 89–508), 31 U.S.C. Chapter 37, claim by DOT against the taxpayer and taxpayer identification number, Subchapter I, General, and Subchapter pursuant to 26 U.S.C. 6103(m)(2) and in (Social Security Number; the amount, II, Claims of the United States accordance with 31 U.S.C. 3711, 3217, status, and history of the claim; and the Government; Debt Collection Act of and 3718. Note: Redisclosure of a agency or program under which the 1982, Pub.L. 97–365; 5 U.S.C. 5514, mailing address from the IRS may be claim arose for the sole purpose of Installment Deduction for Indebtedness made only for the purpose of debt allowing the consumer reporting agency (salary offset); section 206 of Executive collection, including to a debt collection to prepare a commercial credit report. Order 11222; Executive Order 9397; and agency in order to facilitate the POLICIES AND PRACTICES FOR STORING, 49 CFR part 92, Salary Offset, DOT. collection or compromise of a Federal RETRIEVING, ACCESSING, RETAINING, AND PURPOSE(S): claim under the Debt Collection Act of DISPOSING OF RECORDS IN THE SYSTEM: 1982, except that a mailing address to a For the administrative management STORAGE: consumer reporting agency is for the and collection of all delinquent debts, The storage for records on personal including past due loan payments, limited purpose of obtaining a commercial credit report on the computers is kept on floppy disks. overpayments, fines, penalties, fees, Storage on microcomputers is first damages, interest, leases, sales of real or particular taxpayer. Any such address information obtained from the IRS will downloaded onto a floppy disk and then personal property, etc., due to the DOT locked in a file cabinet. Data kept in and debts due to other Federal not be used or shared for any other DOT purpose or disclosed to another Federal, paper file folders are locked in file departments and agencies that may be cabinets. referred to the DOT for collection to the state, or local agency which seeks to extent DOT controls funds due the locate the same individual for its own RETRIEVABILITY: debt collection purpose. Data base debtor. This system provides for the Records are retrieved by name or information consisting of debtor’s name, implementation of the salary-offset Social Security Number. provisions of 5 U.S.C. 5514, the Social Security Number, and amount administrative offset provisions of 31 owed may be disclosed to the Defense SAFEGUARDS: U.S.C. 3716 and the provisions of the Manpower Data Center, DMDC, Computers provide privacy and Federal Claims Collection Standards, Department of Defense, the United access limitation by requiring a user FCCS. It applies to personal rather than States Postal Service or to any other name and password match. These contract debts. Guidance regarding Federal, state, or local agency for the records are available only to those contract debts is contained in the purpose of conducting an authorized persons whose official duties require Federal Acquisition Regulation. Records computer matching program in such access. Records are kept in limited in this record system are subject to use compliance with the Privacy Act of access areas during duty hours and in in authorized and approved computer 1974 (5 U.S.C. 552a), as amended, so as locked cabinets at all other times. matching programs regulated under the to identify and locate delinquent RETENTION AND DISPOSAL: Privacy Act of 1974 (5 U.S.C. 552a), as debtors in order to start a recoupment amended, for debt collection purposes. process on an individual basis of any Records are disposed of when ten debt owed DOT by the debtor arising years old except documents needed for ROUTINE USES OF RECORDS MAINTAINED IN THE out of any administrative or program an ongoing investigation in which case SYSTEM, INCLUDING CATEGORIES OF USERS AND activities or services administered by the record will be retained until no THE PURPOSES OF SUCH USES: DOT. Disclosure of personal and longer needed for the investigation. Data To the United States General financial information from this system tracks on floppy disks are overwritten a Accounting Office, GAO, Department of on current, retired, or former employees minimum of three times. Justice, United States Attorney, or other of DOT or United States Coast Guard Federal agencies for further collection members may be made to any creditor SYSTEM MANAGER(S) AND ADDRESS: action on any delinquent account when Federal agency seeking assistance for Department of Transportation, circumstances warrant. To a debt the purpose of that agency requesting Director, Office of Financial

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Management, B–30, 400 Seventh Street, Maritime Administration, MARAD, Employee, United States Savings Bond SW., Washington, DC 20590. National Highway Traffic Safety Issue File Action Request, Subscriber Administration, NHTSA, Office of the List for Issuance of United States NOTIFICATION PROCEDURE: Inspector General, OIG, Research and Savings Bonds, Request for Payroll Individuals seeking to determine Special Programs Administration, Deductions for Labor Organization whether information about themselves RSPA, St. Lawrence Seaway Dues, Revocation of Voluntary is contained in this system should Development Corporation, SLSDC, Authorization for Allotment of address written inquiries to the Transportation Administrative Service Compensation for Payment of Labor particular DOT operating administration Center, TASC, National Transportation Organization dues, Request by or component in care of the System Safety Board, NTSB, and civilian Employee for Payment of Salaries or location above. Individual should employees of the United States Coast Wages by Credit to Account at a furnish full name, Social Security Guard, USCG. Financial Organization, Designation of Number, current address and telephone Beneficiary— Unpaid Compensation of number. CATEGORIES OF RECORDS IN THE SYSTEM: This system contains those records Deceased Civilian Employee, United RECORD ACCESS PROCEDURES: required to insure that an employee States Savings Bond Issue File Action Same as above. receives his or her pay and personnel Request, Authorization for Purchase and benefits as required by law. It includes, Request for Change: United States Series CONTESTING RECORD PROCEDURES: as appropriate: Service Record, EE Savings Bond, Request by Employee Same as above. Employee Record, Position for Allotment of Pay for Credit to Savings Accounts with a Financial RECORD SOURCE CATEGORIES: Identification Strip, Claim for 10-Point Veteran Preference, Request for Referral Organization, Application for Death Information in this system of records Eligibles, Request and Justification for Benefits—Civil Service Retirement is obtained from the individual, creditor Selective Factors and Quality Ranking System, Application for Retirement— agencies, Federal employing agency of Factors, Certification of Insured Civil Service Retirement System, debtor, collection agencies, Federal, Employee’s Retired Status, Federal Superior Officer’s Statement in state or local agencies furnishing Employees’ Group Life Insurance, Connection with Disability Retirement, identifying information and/or address FEGLI, Notification of Personnel Action, Physician’s Statement for Employee of debtor, as well as other internal DOT Notice of Short-Term Employment, Disability Retirement Purposes, records such as payroll information. Request for Insurance, FEGLI, Transmittal of Medical and Related EXEMPTIONS CLAIMED FOR THE SYSTEM: Designation of Beneficiary, FEGLI, Documents for Employee Disability Retirement, Request for Medical None. Notice of Conversion Privilege, Agency Certification of Insurance Status, FEGLI, Records (To Hospital or Institution) in DOT/ALL 11 Request for Approval of Non- Connection with Disability Retirement, Competitive Action, Appointment Application for Refund of Retirement SYSTEM NAME: Affidavits, Declaration of Appointee, Deductions, Application to Make Integrated Personnel and Payroll Agency Request to Pass Over a Deposit or Redeposit, Application to System, IPPS. Preference Eligible or Object to an Make Voluntary Contribution, Request for Recovery of Debt Due the United SECURITY CLASSIFICATION: Eligible, Official Personnel Folder, Official Personnel Folder Tab Insert, States (Civil Service Retirement Unclassified, sensitive. Incentive Awards Program Annual System), Register of Separations and SYSTEM LOCATION: Report, Application for Leave, Monthly Transfers—Civil Service Retirement United States Department of Report of Federal Civilian Employment, System, Register of Adjustments—Civil Transportation, DOT, Office of the Payroll Report of Federal Civilian Service Retirement System, Annual Secretary, OST, 400 7th Street, SW., Employment, Semi-annual Report of Summary Retirement Fund Washington, DC 20590. Working copies Federal Participation in Enrollee Transactions, Designation of Beneficiary of certain records are held by OST, all Programs, Request for Official Personnel Civil Service Retirement System, Health DOT Operating Administrations, Office Folder (Separated Employee), Statement Benefits Registration Form—Federal of the Inspector General, OIG, and the of Prior Federal Civilian and Military Employees Health Benefits Program, National Transportation Safety Board, Service, Personal Qualifications Notice of Change in Health Benefits NTSB. DOT provides personnel and Statement, Continuation Sheet for Enrollment, Transmittal and Summary payroll services to NTSB on a Standard Form 171 ‘‘Personal Report to Carrier Federal Employees reimbursable basis, although NTSB is Qualifications Statement’’, amendment Health Benefits Program, Report of not a DOT entity. This is done for to Personal Qualifications Statement, Withholding and Contributions for economy and convenience since both Job Qualifications Statement, Statement Health Benefits, Group Life Insurance, organizations’ missions are of Physical Ability for Light Duty Work, and Civil Service Retirement, Report of transportation oriented and located in Request, Authorization, Agreement and Withholdings and Contributions, the same geographic areas.). Certification for Training, United States Employee Service Statement, Election of Government Payroll Savings Plan- Coverage and Benefits, Designation of CATEGORIES OF INDIVIDUALS COVERED BY THE Consolidated Quarterly Report, financial Beneficiary, Position Description, SYSTEM: Disclosure Report, Information Sheet Inquiry for United States Government Prospective, present, and former Financial Disclosure-Report, Payroll for Use Only, Application for Retirement— employees in the Office of the Secretary Personal Services, Pay Receipt for Cash Foreign Service Retire System, of Transportation, OST, Bureau of Payment to Transferable, Payroll Change Designation of Beneficiary, Application Transportation Statistics, BTS, Federal Slip, Payroll for Personal Service for Refund of Retirement Contributions Aviation Administration, FAA, Federal payroll Certification and Summary— (Foreign Service Retirement System), Highway Administration, FHWA, Memorandum, Record of Leave Data, Election to Receive Extra Service Credit Federal Railroad Administration, FRA, Designation of Beneficiary—Unpaid Towards Retirement (or Revocation Federal Transit Administration, FTA, Compensation of Deceased Civilian Thereof), Application for Service Credit,

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Employee Suggestion Form, Meritorious Federal Claims Collection Act of 1982 supervisors, official personnel records, Service Increase Certificate, Foreign (31 U.S.C. 3701(a)(3)). personal financial statements, Service Emergency Locator Information, correspondence with the debtor, records POLICIES AND PRACTICES FOR STORING, Labor Distribution Data, Leave Record, relating to hearings on the debt, and RETRIEVING, ACCESSING, RETAINING, AND Leave Summary, Individual Pay Card, DISPOSING OF RECORDS IN THE SYSTEM: from the Departmental Accounting and Time and Attendance Report, Time and Financial Information system of records. Attendance Report (For Use Abroad). STORAGE: Storage is on magnetic disks, EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: magnetic tape, microforms, and paper None. 49 U.S.C. 322. forms in file folders. DOT/ALL 12 PURPOSE(S): RETRIEVABILITY: SYSTEM NAME: The purpose for collecting the data in Retrieval from the system is by social the IPPS System of Records is to control security number, employee number, DOT Mentoring Records System. and facilitate payment of salaries to organization code, or home address; SECURITY CLASSIFICATION: DOT civilian employees. these can be accessed only by Sensitive. individuals authorized such access. ROUTINE USES OF RECORDS MAINTAINED IN THE System location: SYSTEM INCLUDING CATEGORIES OF USERS AND SAFEGUARDS: Department of Transportation, DOT THE PURPOSES OF SUCH USES: Computers provide privacy and TASC Computer Center, 400 7th Street, 1. Records are maintained for control access limitations by requiring a user SW., Washington, DC 20590–0001 and accountability of: Pay and name and password match. Access to allowances; permanent and temporary CATEGORIES OF INDIVIDUALS COVERED BY THE decentralized segments is similarly SYSTEM: pay changes; pay adjustments; travel controlled. Only those personnel with a a. All DOT personnel registering to advances and allowances; leave need to have access to the system are become mentors. balances for employees; earnings and given user names and passwords. Data b. All DOT personnel registering to be deductions by pay periods, and pay and are manually and/or electronically mentees. earning statements for employees; stored in locked rooms with limited management information as required on access. CATEGORIES OF RECORDS IN THE SYSTEM: an ad hoc basis; payroll checks and bond history; union dues; withholdings RETENTION AND DISPOSAL: All categories of records are electronic to financial institutions, charitable The IPPS records are retained and and/or paper, and may include organizations and professional disposed in compliance with the identifying information, such as name, associations; summary of earnings and General Records Schedules, National office routing symbol, office phone and deductions; claims for reimbursement Archives and Records Administration, fax numbers, e-mail address, last four sent to the General Accounting Office, Washington, DC 20408. The following digits of the social security number, GAO; federal, state, and local taxes schedules apply: General Records grade, and employing administration. withholdings; and list of FICA Schedule 1, Civilian Personnel Records, All records reflect: employees for management reporting. 2. Pages 1 thru 22, Items 1 through 39; and a. Name. To the Office of Child Support General Records Schedule 2, Payrolling b. Operating Administration. Enforcement, Administration for and Pay Administration Records, Pages c. Last four digits of social security Children and Families, Department of 1 thru 6, Items 1 thru 28. number. Health and Human Services Federal d. Routing Symbol. Parent Locator System, FPLS and SYSTEM MANAGER(S) AND ADDRESS: e. State employed. Federal Tax Offset System for use in Contact Chief, Financial Management f. Age range. locating individuals and identifying IT Deployment Staff (B–35) at the g. Pay plan. their income sources to establish United States Department of h. Series. paternity, establish and modify orders of Transportation, Office of the Secretary, i. Civilian or Military grade. support and for enforcement action. 3. 400 Seventh Street SW., Washington, j Work phone. To the Office of Child Support DC 20590. k. Work Fax. l. Work e-mail address. Enforcement for release to the Social NOTIFICATION PROCEDURE: Security Administration for verifying m. Work skills (Optional narrative). Individuals wishing to know if their social security numbers in connection n. Interests (Optional narrative). records appear in this system of records with the operation of the FPLS by the o. Hobbies (Optional narrative). may inquire in person or in writing to Office of Child Support Enforcement. 4. Records for employees of the United the system manager. To Office of Child Support Enforcement States Coast Guard, both military and for release to the Department of RECORD ACCESS PROCEDURES: civilian may also include: Treasury for purposes of administering Same as ‘‘System manager.’’ 1. Collateral duties. the Earned Income Tax Credit Program 2. Coast Guard training Received. (Section 32, Internal Revenue Code of CONTESTING RECORD PROCEDURES: 3. Coast Guard qualification codes. 1986) and verifying a claim with respect Same as ‘‘System manager.’’ 4. Commissioning source. to employment in a tax return. Correspondence contesting records must 5. Education level/Type of degree. include the full name and social 6. Ethnicity. DISCLOSURE TO CONSUMER REPORTING security number of the individual 7. Marital status. AGENCIES: concerned and documentation justifying 8. Current OPFAC. Disclosures pursuant to 5 U.S.C. the claims. This information is optional for USCG 552a(b)(12): Disclosures may be made employees only. from this system to ‘‘consumer reporting RECORD SOURCE CATEGORIES: agencies’’ as defined in the Fair Credit Data are collected from the individual AUTHORITY FOR MAINTENANCE OF SYSTEM: Reporting Act (15 U.S.C. 1681a(f)) or the employees, time and attendance clerks, 5 U.S.C. 4103.

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PURPOSE(S): Transportation, Departmental Director national, district and program specific This system will be used to match of Human Resource Management (M– mailings to auxiliary membership. An prospective DOT mentors with 10), 400 7th Street, SW., Washington, annual summary of all member specific employees interested in becoming DC 20590–001. information is mailed directly to mentees. The system will also be used respective members. Used by: Chief, to monitor the number of employees RECORD ACCESS PROCEDURES: Office of Auxiliary and staff; Coast participating in the DOT Mentoring Individuals may access their own data Guard Groups and commands; District Program, store participants pass words, through Internet, to the DOT HRM Directors of Auxiliary, DIRAUX and contact participants for survey Home Page. staff; Various elected and appointed purposes, provide mentor names to CONTESTING RECORD PROCEDURES: office holders of the Auxiliary. See senior departmental and human Prefatory Statement of General Routine NA. resource management officials, and Uses. measure the success of cross modal RECORD SOURCE CATEGORIES: mentoring. DISCLOSURE TO CONSUMER REPORTING Individual registrants. AGENCIES: ROUTINE USE OF RECORDS MAINTAINED IN THE EXEMPTIONS CLAIMED FOR THE SYSTEM: None. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: None. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND a. To DOT HRM personnel to evaluate DOT/CG 501 interest in the program. DISPOSING OF RECORDS IN THE SYSTEM: b. To DOT HRM personnel to transmit SYSTEM NAME: STORAGE: survey instruments to participants. Auxiliary Management Information AUXMIS II master records contain c. To DOT HRM personnel to System, AUXMIS. personal and activity information determine the amount of cross modal SECURITY CLASSIFICATION: concerning USCG Auxiliary members. participation. The approximately 40,000 records d. To Senior Management Officials for Unclassified—sensitive. presently in the system are stored in a review. Also, see the prefatory statement of SYSTEM LOCATION: Progress Relation Database Management General Routine Uses. U.S. Coast Guard Operations System System on DLT tapes using Net Backup Center, G–OPB, 600 Coast Guard Dr., and are stored off-site. DISCLOSURE TO CONSUMER REPORTING Kearneysville, WV 25430. AGENCIES: RETRIEVABILITY: None. CATEGORIES OF INDIVIDUALS COVERED BY THE The current AUXMIS II master file SYSTEM: resides on a HP–755 hardware suite POLICIES AND PRACTICES FOR STORING, All present Coast Guard Auxiliarists. with a Unix 10.2 operating system. RETRIEVING, ACCESSING, RETAINING, AND Information is retrieved by number and DISPOSING OF RECORDS IN THE SYSTEM: All Auxiliarists disenrolled since 1996. name of the individual and can be STORAGE: CATEGORIES OF RECORDS IN THE SYSTEM: accessed by those DIRAUX and other The storage is on a DOT server, with Personal information (name, address, designated users with access to the restricted access. birth date, Social Security Number, database through CGDN or modem SSN, phone number). Auxiliary connection at anytime. RETRIEVABILITY: qualifications information (Instructor, Retrieval from the system is by Examiner, Specialty). Auxiliary SAFEGUARDS: category (mentor/mentee), and can be activities information (patrols The master files cannot be accessed accessed by the administrators of the conducted, classes taught). Information without the proper user identification DOT mentoring program database. on facilities—boats, radio stations or and password. Eight user access levels SAFEGUARDS: aircraft—owned by Auxiliarists. have delimiters to restrict the domains in which a user can view and/or change Computers provide privacy and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: access limitations by requiring a user member information. 5 U.S.C. 301; 14 U.S.C. 632, 830, 831; name and password match. Access to 49 CFR 1.45, 1.46; COMDTINST RETENTION AND DISPOSAL: decentralized segments is similarly M16790.1E. Retention of weekly tape files is 180 controlled. Only those personnel days, then erased. Retention of disk files administering the DOT Mentoring PURPOSE(S): is 1 week, and then updated. Retention Program database are given user names Primary management tool for the of the year-end tape file is permanent. and passwords. Coast Guard Auxiliary program. SYSTEM MANAGER(S) AND ADDRESS: RETENTION AND DISPOSAL: ROUTINE USES OF RECORDS MAINTAINED IN THE United States Coast Guard, Office of Records disposition schedule as SYSTEM, INCLUDING CATEGORIES OF USERS AND Command and Control Architecture, developed by the National Archives and THE PURPOSES OF SUCH USES: Commandant, G–OCC, U.S. Coast Records Administration. Cumulative unit and individual Guard, 2100 2nd Street, SW., SYSTEM MANAGER(S) AND ADDRESS: activity summaries for use as a Washington, DC 20593–0001. U.S. Coast Jan B. Karicher, Departmental Office management tool by Coast Guard Guard, Office of Auxiliary, of Human Resources Management, M– District, Area and Headquarters program Commandant, G–OCX, U.S. Coast 13, Department of Transportation 400 managers, Coast Guard field units, Coast Guard, 2100 Second Street SW., Seventh Street, SW., Washington, DC, Guard District Directors of Auxiliary, Washington, DC 20593–0001. 20590–0001. DIRAUX all Auxiliary units. Identification of all Auxiliary members. NOTIFICATION PROCEDURE: NOTIFICATION PROCEDURE: Alphabetical nationwide cross-reference Commandant, G–SII–2, United States Inquiries should be directed to: listing for use by headquarters and Coast Guard Headquarters, Office of United States Department of district office staffs. Mailing labels for Information Management, 2100 2nd

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Street, SW., Washington, DC 20593– POLICIES AND PRACTICES FOR STORING, CATEGORIES OF RECORDS IN THE SYSTEM: 0001. RETRIEVING, ACCESSING, RETAINING, AND Case files containing names of DISPOSING OF RECORDS IN THE SYSTEM: violators, their addresses and social RECORD ACCESS PROCEDURES: STORAGE: security numbers, together with Individual Auxiliary members can descriptions of boats and notations of view their AUXMIS II record through a All records are maintained in file cabinets. the alleged violations of Federal boating designated person with restricted laws, and copies of correspondence domain user access from their Flotilla or RETRIEVABILITY: relating to the disposition of any penalty Division. At any time, members of the involved. Auxiliary can request access to their By name/number. personal, hardcopy ‘‘member jacket’’ file SAFEGUARDS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: located at their respective DIRAUX Only authorized office personnel have (5 U.S.C. 301; 14 U.S.C. 89a, 93(a)&(c), office. access to subject files. All personnel 632; 16 U.S.C. 1431; 49 CFR 1.45, 1.46) CONTESTING RECORD PROCEDURES: screened prior to allowing access. PURPOSE(S): Record content can be contested at Building secured and guarded after duty Determine enforcement action to be any time and, if error is found, all hours. taken by the Coast Guard. DIRAUX level users have the access to RETENTION AND DISPOSAL: correct individual records. Restricted ROUTINE USES OF RECORDS MAINTAINED IN THE domain user access provides members Records are retained permanently. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: the means to correct their own address, SYSTEM MANAGER(S) AND ADDRESS: name and phone numbers. See Prefatory Statement of General Commandant, United States Coast Routine Uses. RECORD SOURCE CATEGORIES: Guard, Office of Boating Safety, G–OPB, All records pertaining to Auxiliary Department of Transportation, United DISCLOSURE TO CONSUMER REPORTING AGENCIES: members are derived from forms filled States Coast Guard Headquarters, 2100 out by the individuals involved on a 2nd Street, SW., Washington, DC Disclosures pursuant to 5 U.S.C. voluntary basis. 20593–0001. 552(b)(12). Disclosures may be made from this system to consumer reporting EXEMPTIONS CLAIMED FOR THE SYSTEM: NOTIFICATION PROCEDURE: agencies (collecting on behalf of the U. None. Department of Transportation, United S. Government) as defined in the Fair States Coast Guard Headquarters, Credit Reporting Act (15 U.S.C. DOT/CG 503 Commandant, G–SII, 2100 2nd Street, 1681a(f)) or the Federal Claims SYSTEM NAME: SW., Washington, DC 20593–0001. Collection Act of 1982 (31 U.S.C. Motorboat Registration. 3701(a)(3)). RECORD ACCESS PROCEDURES: POLICIES AND PRACTICES FOR STORING, SECURITY CLASSIFICATION: Department of Transportation, United RETRIEVING, ACCESSING, RETAINING, AND Unclassified—sensitive. States Coast Guard Headquarters, DISPOSING OF RECORDS IN THE SYSTEM: Commandant, G–SII–2, 2100 2nd Street, SYSTEM LOCATION: SW., Washington, DC 20593–0001. STORAGE: Department of Transportation, Index cards, logbooks, and file Commandant, G–OPB, United States CONTESTING RECORD PROCEDURES: folders. Coast Guard, CG, 2100 2nd Street, SW., Same as ‘‘Record access procedures’’ Washington, DC 20593–0001. RETRIEVABILITY: RECORD SOURCE CATEGORIES: Name of individual in alphabetical CATEGORIES OF INDIVIDUALS COVERED BY THE Individual applicant. file, or by civil penalty case number. SYSTEM: Boat owner registering for the EXEMPTIONS CLAIMED FOR THE SYSTEM: SAFEGUARDS: issuance of boat identification numbers None. Information available only to for boats recorded in the State of Alaska. authorized personnel. Files maintained DOT/CG 505 in office in building that is secured CATEGORIES OF RECORDS IN THE SYSTEM: during non-working hours and has a SYSTEM NAME: Boat owner name, address, and boat roving guard patrol. information. Recreational Boating Law Enforcement Case Files. RETENTION AND DISPOSAL: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Records in system maintained for 5 U.S.C. 301; 14 U.S.C. 632, 46 U.S.C. SECURITY CLASSIFICATION: three years before disposal by 2301; 49 CFR 145, 146 Unclassified—sensitive. mutilation or burning. Records on reported warnings are destroyed after 1 PURPOSE(S): SYSTEM LOCATION: year (paper files). Administer the Coast Guard’s boating Department of Transportation, United safety program. States Coast Guard,CG, Coast Guard SYSTEM MANAGER(S) AND ADDRESS: ROUTINE USES OF RECORDS MAINTAINED THE District Offices and Headquarters unit Commandant, G–OPB, Chief, Office of SYSTEM, INCLUDING CATEGORIES OF USERS AND offices for records of incidents in their Boating Safety, Department of THE PURPOSES OF SUCH USES: localities. Transportation, United States Coast See Prefatory Statement of General Guard Headquarters, 2100 2nd Street, CATEGORIES OF INDIVIDUALS COVERED BY THE SW., Washington, DC 20593–0001. Routine Uses. SYSTEM: DISCLOSURE TO CONSUMER REPORTING Owners/operators of vessels found in NOTIFICATION PROCEDURE: AGENCIES: violation of Federal recreational boating Department of Transportation, None. laws or regulations. Commandant,G–SII, United States Coast

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Guard Headquarters, 2100 2nd Street, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DOT/CG 508 SW., Washington, DC 20593–0001. (5 U.S.C. 301; 14 U.S.C. 93(e), 632; 49 SYSTEM NAME: CFR 1.45, 1.46). RECORD ACCESS PROCEDURES: Claims and Litigation. Procedures may be obtained by PURPOSE(S): SECURITY CLASSIFICATION: writing to or visiting the local Coast Resolution of claims against the Coast Unclassified—sensitive. Guard District or Unit where incident Guard as well as claims asserted by the occurred. Proof of identity will be government. SYSTEM LOCATION: required prior to release of records. A Department of Transportation, military identification card, driver’s ROUTINE USES OF RECORDS MAINTAINED IN THE Commandant (G–L), United States Coast license or similar document is SYSTEM INCLUDING CATEGORIES OF USERS AND Guard (CG), 2100 2nd Street, SW., considered suitable identification. THE PURPOSES OF SUCH USES Washington, DC 20593–0001. Reports are transmitted to the CONTESTING RECORD PROCEDURES: Veterans Administration to assist that CATEGORIES OF INDIVIDUALS COVERED BY THE Same as ‘‘Notification procedure.’’ agency in determining entitlement to SYSTEM: Persons in litigation with the Coast RECORD SOURCE CATEGORIES: benefits administered by it. See Guard. Reports of Coast Guard boarding Prefatory Statement of General Routine officers and marine safety investigations Uses. CATEGORIES OF RECORDS IN THE SYSTEM: as well as from reports by. DISCLOSURE TO CONSUMER REPORTING SUITS AND CLAIMS FOR AND AGAINST THE COAST EXEMPTIONS CLAIMED FOR THE SYSTEM: AGENCIES: GUARD. Portions of this system may be exempt None. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: from disclosure under the provisions of (5 U.S.C. 301; 5 U.S.C. 3301; 14 U.S.C. POLICY AND PRACTICES FOR STORING, 5 U.S.C. 552a (k)(2) which provide in RETRIEVING, ACCESSING, RETAINING, AND 1.45, 33 U.S.C. 2712(e); 33 CFR 133.21; part, that investigatory material DISPOSING OF RECORDS IN THE SYSTEM: 49 CFR 1.45, 1.46; E. O. 12777; complied for law enforcement purposes COMDTINST M5890.9) may be withheld from disclosure to the STORAGE: PURPOSE(S): extent that the identity of the source of Storage cabinets. the information would be revealed by Determination of claims. RETRIEVABILITY: disclosing the investigatory record, and ROUTINE USES OF RECORDS MAINTAINED IN THE the source has received an express Name of person, vessel or other SYSTEM, INCLUDING CATEGORIES OF USERS AND guarantee that his identity would be facility involved in investigation. THE PURPOSES OF SUCH USES: held in confidence, or prior to December SAFEGUARDS: See Prefatory Statement of General 31, 1974, if the source received an Routine Uses. implied promise that his identity would Authorized personnel are granted be held in confidence. access to these records in connection DISCLOSURE TO CONSUMER REPORTING with the performance of their official AGENCIES: DOT/CG 507 duties. None.

SYSTEM NAME: RETENTION AND DISPOSAL: POLICIES AND PRACTICES FOR STORING, Coast Guard Supplement to the RETRIEVING, ACCESSING, RETAINING, AND Records are maintained in division DISPOSING OF RECORDS IN THE SYSTEM: Manual of Courts Martial Investigations. files for three years and then forwarded STORAGE: SECURITY CLASSIFICATION: to Federal Records Depository. File cabinets. Unclassified—sensitive. SYSTEMS MANAGER(S) AND ADDRESS: RETRIEVABILITY: SYSTEM LOCATION: Department of Transportation, Two card index files, one alphabetic Department of Transportation, Commandant,G–L, U.S. Coast Guard, and one numeric, maintained for cross Commandant, G–L United States Coast, Office of the Chief Counsel, 2100 2nd reference. CG, Office of the Chief Counsel, 2100 Street, SW., Washington, DC 20593– 2nd Street, SW., Washington, DC 0001. SAFEGUARDS: 20593–0001. NOTIFICATION PROCEDURE: Access is regularly limited to Coast Guard and civilian employees of the CATEGORIES OF INDIVIDUALS COVERED BY THE Department of Transportation, SYSTEM: Claims and Litigation Division granted Commandant, G–SII–2 United States in connection with official duties. Military and civilian employees of the Coast Guard Headquarters, 2100 2nd Coast Guard and other individuals who Street, SW., Washington, DC 20593– RETENTION AND DISPOSAL: may be involved in any Coast Guard 0001. Maintained for five years and then investigation. forwarded to the Federal Records RECORD ACCESS PROCEDURES: CATEGORIES OF RECORDS IN THE SYSTEM: Center. Card index files retained Same as ‘‘Notification procedure’’. Investigations into injuries to Coast indefinitely. Guard personnel, mishaps involving CONTESTING RECORD PROCEDURES: SYSTEM MANAGER(S) AND ADDRESS: vessels, aircraft and vehicles. Incidents Same as ‘‘Notification procedure’’. Commandant, G–L, United States involving, explosions, for loss or Coast Guard Headquarters, 2100 2nd destruction of classified material. RECORD SOURCE CATEGORIES: Street, SW., Washington, DC 20593– Circumstances involving equipment Coast Guard investigating officers, 0001. failures and property damage, loss or military and civilian personnel. destruction. Circumstances involving NOTIFICATION PROCEDURE: violation of standards of conduct EXEMPTIONS CLAIMED FOR THE SYSTEM: Department of Transportation, personnel. None. Commandant, G-SII–2, United States

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Coast Guard Headquarters, 2100 2nd SAFEGUARDS: ROUTINE USES OF RECORDS MAINTAINED IN THE Street, SW., Washington, DC 20593– Records are made available to SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: 0001. authorized personnel. Records are See Prefatory Statement of General RECORD ACCESS PROCEDURES: maintained in building with limited access during non-working hours and Routine Uses. Same as ‘‘Notification Procedure’’. with roving security patrol. DISCLOSURE TO CONSUMER REPORTING CONTESTING RECORD PROCEDURES: AGENCIES: RETENTION AND DISPOSAL: Same as ‘‘Notification Procedure’’. None. Disposal procedures not as yet RECORD SOURCE CATEGORIES: established. Back-up material disposed POLICIES AND PRACTICES FOR STORING, Coast Guard military and civilian of after introduction into system. RETRIEVING, ACCESSING, RETAINING, AND personnel, members of the public, and DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: Coast Guard investigating officers. STORAGE: Commandant, G–L, United States Maintained in file cabinets. EXEMPTIONS CLAIMED FOR THE SYSTEM: Coast Guard Headquarters, 2100 2nd None. Street, SW., Washington, DC 20593– RETRIEVABILITY: DOT/CG 509 0001. Alphabetically by name of individual.

SYSTEM NAME: NOTIFICATION PROCEDURE: SAFEGUARDS: Non-Judicial Punishment Report. Department of Transportation, Maintained in file cabinets in Commandant, G–SII–2, United States building with limited access during SECURITY CLASSIFICATION: Coast Guard Headquarters, 2100 2nd non-working hours and with roving Unclassified—sensitive. Street, SW., Washington, DC 20593– security patrol. 0001. SYSTEM LOCATION: RETENTION AND DISPOSAL: Department of Transportation, RECORD ACCESS PROCEDURES: Retained permanently. Maintained for Commandant, G–L, United States Coast Same as ‘‘Notification procedure’’. two years, reviewed by System Manager Guard, CG, 2100 2nd Street, SW., and then transferred to Federal Records Washington, DC 20593–0001. CONTESTING RECORD PROCEDURES: Center.

CATEGORIES OF INDIVIDUALS COVERED BY THE Same as ‘‘Notification procedure’’. SYSTEM MANAGER(S) AND ADDRESS: SYSTEM: RECORD SOURCE CATEGORIES: Department of Transportation, Coast Guard military personnel who Commandant, G–L, Office of the Chief Individual service records and from have been subject to non-judicial Counsel, United States Coast Guard proceedings conducted. punishment proceedings under Article Headquarters, 2100 2nd Street, SW., 15, Uniform Code of Military Justice. EXEMPTIONS CLAIMED FOR THE SYSTEM: Washington, DC 20593–0001.

CATEGORIES OF RECORDS IN THE SYSTEM: None. NOTIFICATION PROCEDURE: Records of Proceedings under Article DOT/CG 510 Department of Transportation, United 15, Uniform Code of Military Justice. States Coast Guard Headquarters, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM NAME: Commandant, G–SII, 2100 2nd Street, (5 U.S.C. 301, 10 U.S.C. 815; 14 U.S.C. Records of trial: Special, General and SW., Washington, DC 20593–0001. 632; 49 CFR 1.45, 1.46.) Summary Courts Martial. RECORD ACCESS PROCEDURES:

PURPOSE(S): SECURITY CLASSIFICATION: Same as ‘‘Notification procedure’’. Military justice administration. Unclassified—sensitive. CONTESTING RECORD PROCEDURES:

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM LOCATION: Same as ‘‘Notification procedure’’. SYSTEM, INCLUDING CATEGORIES OF USERS AND RECORD SOURCE CATEGORIES: THE PURPOSES OF SUCH USES: Department of Transportation, Commandant, G–L, United States Coast Records provide statistical data Trial proceedings and subsequent Guard, CG, 2100 2nd Street, SW., concerning the number of proceedings statutory reviews—Court of Military Washington, DC 20593–0001. held, units holding proceedings, Review, Court of Appeals for the Armed offenses committed, punishments Services, and Chief Counsel of the Coast CATEGORIES OF INDIVIDUALS COVERED BY THE Guard. imposed, and background data of SYSTEM: individuals concerned. See Prefatory Any individual who is tried by court EXEMPTIONS CLAIMED FOR THE SYSTEM: Statement of General Routine Uses. martial in the Coast Guard. None. DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF RECORDS IN THE SYSTEM: DOT/CG 511 AGENCIES: None. Records of trial. SYSTEM NAME: Legal Assistance Case File System. POLICIES AND PRACTICES FOR STORING, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND 5 U.S.C. 301, 10 U.S.C. 865; 14 U.S.C. SECURITY CLASSIFICATION: DISPOSING OF RECORDS IN THE SYSTEM: 632; 49 CFR 1.45, 1.46; E.O. 11835 Unclassified, sensitive. STORAGE: (January 27, 1975, paragraph 94b). SYSTEM LOCATION: File cabinets. PURPOSE(S): Department of Transportation, RETRIEVABILITY: Documentation of Coast Guard courts Commandant, G–L, United States Coast By name. martial. Guard, CG, 2100 2nd Street, SW.,

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Washington, DC 20593–0001. United Headquarters, 2100 2nd Street, SW., POLICIES AND PRACTICES FOR STORING, States Coast Guard District Legal Offices Washington, DC 20593–0001. District or RETRIEVING, ACCESSING, RETAINING, AND and Legal Offices of Coast Guard Units. unit legal offices: DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURE: SYSTEM: Commandant, (G–SII–2, United States Records are stored manually in file Coast Guard military members Coast Guard Headquarters, 2100 2nd folders. seeking personal legal assistance. Street, SW., Washington, DC 20593– RETRIEVABILITY: 0001. CATEGORIES OF RECORDS IN THE SYSTEM: Claimant name. Information concerning the matters RECORD ACCESS PROCEDURES: SAFEGUARDS: handled by these officers for clients. Office of Chief Counsel at Coast Guard Headquarters or within the legal offices Access is limited to authorized AUTHORITY FOR MAINTENANCE OF THE SYSTEM: in the various Coast Guard districts or officials by screening of personnel. 5 U.S.C. 301, 10 U.S.C. 1044, 1054; 14 units, dependent on where legal Maintained in Government building U.S.C. 632, 44 U.S.C. 3101; 49 CFR 1.45, assistance was rendered. having roving security guards after duty 1.46 hours. CONTESTING RECORD PROCEDURES: PURPOSE(S): Same as ‘‘Record access procedures’’. RETENTION AND DISPOSAL: Provide legal assistance. After adjudication and settlement, RECORD SOURCE CATEGORIES: most submissions are retained for ROUTINE USES OF RECORDS MAINTAINED IN THE Client involved and as a result of any precedent setting value, as required. SYSTEM, INCLUDING CATEGORIES OF USERS AND subsequent investigation by the legal THE PURPOSES OF SUCH USES : officer on behalf of the client. SYSTEM MANAGER(S) AND ADDRESS: These records are also used to prepare Commandant, G–WP, Director, statistical reports concerning a legal EXEMPTIONS CLAIMED FOR THE SYSTEM: None. Personnel Management Directorate, officer’s time utilization. United States Coast Guard The Prefatory Statement of Routine DOT/CG 526 Headquarters, 2100 2nd Street, SW, Uses applies to records in this system Washington, DC 20593–0001. only to the extent that their disclosure SYSTEM NAME: would not constitute a violation of the Adjudication and Settlement of NOTIFICATION PROCEDURE: judicially recognized privilege attaching Claims System. Commandant, G–SII, United States to attorney-client communications and SECURITY CLASSIFICATION: Coast Guard Headquarters, 2100 2nd of the ethical and professional Unclassified—sensitive. Street, SW., Washington, DC 20593– responsibilities of lawyers under the 0001. American Bar Association’s Code of SYSTEM LOCATION: Professional Responsibility. Commandant, G–WP, United States RECORD ACCESS PROCEDURES: DISCLOSURE TO CONSUMER REPORTING Coast Guard, 2100 2nd Street, SW., Same as ‘‘Notification procedure’’. AGENCIES: Washington, DC 20593–0001. Coast Guard Districts and Units. CONTESTING RECORD PROCEDURES: None. Same as ‘‘Notification procedure’’. CATEGORIES OF INDIVIDUALS COVERED BY THE POLICIES AND PRACTICES FOR STORING, SYSTEM: RECORD SOURCE CATEGORIES: RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Active, Reserve, and Retired military Individual, CG payroll offices, legal members; civilian employees. staff, investigators, Director of Personnel STORAGE: CATEGORIES OF RECORDS IN THE SYSTEM: and Management, Comptroller General, Normally, written records kept in file GAO, and congressional Claims arising out of disputes folders. correspondence. concerning amounts of pay received. RETRIEVABILITY: EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Alphabetical indexes by name of None. member. 5 U.S.C. 301, 5 U.S.C. 5514; 14 U.S.C. 632, 461; 37 U.S.C. 1007; 49 CFR 1.45, DOT/CG 528 SAFEGUARDS: 1.46. Kept in office space or filing cabinets, SYSTEM NAME: PURPOSE(S): which are normally locked during non- Centralized Reserve Pay and Determine entitlement of claimants. working hours. Building patrolled by Retirement System. roving security guards after duty hours. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND SECURITY CLASSIFICATION: RETENTION AND DISPOSAL: THE PURPOSES OF SUCH USES: Unclassified—sensitive. Records retained as long as needed to To use as precedent setting data in the serve client or as long as deemed resolution of similar questions in the SYSTEM LOCATION: necessary by the legal officer. Disposal future. Used by authorized Coast Guard United States Coast Guard, Human is by whatever means considered officials and officials of the IRS, GAO, Resources Service and Information appropriate by the legal officer, and the Civil Service Commission, as Center, 444 SE Quincy St., Topeka, KS depending on contents of the record required. See Prefatory Statement of 66683–3591. District Offices and other involved. General Routine Uses. Field Units.

SYSTEM MANAGER(S) AND ADDRESS: DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF INDIVIDUALS COVERED BY THE Commandant, G–L, Office of the Chief AGENCIES: SYSTEM: Counsel, United States Coast Guard None. Coast Guard Reservists.

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CATEGORIES OF RECORDS IN THE SYSTEM: Street, SW., Washington, DC 20593– from this system to ‘‘consumer reporting Master Pay and Retirement Point 0001. agencies’’ (collecting on behalf of the Credits Record. Master Personnel Data United States Government) as defined in RECORD ACCESS PROCEDURES: Accounting Record. the Fair Credit Reporting Act (15 U.S.C. Same as ‘‘Notification procedure’’. 1681a(f) or the Federal Claims AUTHORITY FOR MAINTENANCE OF THE SYSTEM: CONTESTING RECORD PROCEDURES: Collection Act of 1982 (31 U.S.C. 5 U.S.C. 301, 10 U.S.C. 1331; 10 3701(a)(3)). U.S.C. 12731; 14 U.S.C. 632; 49 CFR Same as ‘‘Notification procedure’’. 1.45, 1.46 POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: RETRIEVING, ACCESSING, RETAINING, AND PURPOSE(S): District Commander and Office of DISPOSING OF RECORDS IN THE SYSTEM: Prepare monthly payroll and all Reserve, Individual Unit Commanding associated listings. Officers. STORAGE: Records are filed manually in file ROUTINE USES OF RECORDS MAINTAINED IN THE EXEMPTIONS CLAIMED FOR THE SYSTEM: folders. Microfilm is stored in the SYSTEM, INCLUDING CATEGORIES OF USERS AND None. THE PURPOSES OF SUCH USES: retired pay branch. Check tapes are filed Preparation of budgets. Accounting. DOT/CG 533 in tape library. Compute pay and points. Compilation SYSTEM NAME: RETRIEVABILITY: of data. Report earnings to state and city taxing authorities. Used by authorized Retired Pay and Personnel System. Records and microfilm are indexed Coast Guard, IRS, GAO, and other alphabetically, check tapes are indexed SECURITY CLASSIFICATION: by tape number. Retrieved by name/ Agency Officials as required. See Unclassified—sensitive. Prefatory Statement of General Routine number. Uses; 3 through 5 do not apply. SYSTEM LOCATION: SAFEGUARDS: DISCLOSURE TO CONSUMER REPORTING United States Coast Guard, CG, Access is regularly limited to user AGENCIES: Human Resources Service and staff members under supervisory Disclosures may be made from this Information Center, 444 SE. Quincy St., control. Stored in government building system to ‘‘Consumer reporting Topeka, KS 66683–3591. having roving security guard after duty agencies’’ (collecting on behalf of the CATEGORIES OF INDIVIDUALS: hours. United States Government) as defined in Annuitants. Lighthouse Keeper RETENTION AND DISPOSAL: the Fair Credit Reporting Act (15 U.S.C. Retirees. Honorary Retirees. USCG 1681a(f)) or the Federal Claims Retirees. Records are retained in the Retired Collection Act of 1982 (31 U.S.C. Pay Branch for 3 years subsequent to 3701(a)(3)). CATEGORIES OF RECORDS IN THE SYSTEM: retiree’s or annuitant’s death, and then forwarded to a Federal Records Center. POLICIES AND PRACTICES FOR STORING, Pay and Personnel data of military RETRIEVING, ACCESSING, RETAINING, AND retirees, annuitants, lighthouse keepers Magnetic tapes are retained 18 months, DISPOSING OF RECORDS IN THE SYSTEM: and retirees. Personnel data of honorary microfilm for 6 years (required by GAO) retirees. Accounts receivable and then destroyed. STORAGE: accounts payable. Microfilm of payroll retained in SYSTEM MANAGER(S) AND ADDRESS: Reserve Pay Branches and Districts. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Director, Personnel Management Records are filed manually in filing 5 U.S.C. 301, 10 U.S.C. 421–424, Directorate, United States Coast Guard cabinets. 1201, 1401; 14 U.S.C. 632; 49 CFR 1.45, Headquarters, 2100 2nd Street, SW., RETRIEVABILITY: 1.46. Washington, DC 20593–0001. Notification procedure: Department of Alphabetically by name of Reservist PURPOSE(S): and CG Unit Number. Transportation, Commandant, G–SII, Make payments. United States Coast Guard SAFEGUARDS: ROUTINE USES OF RECORDS MAINTAINED IN THE Headquarters, 2100 2nd Street, SW., Access is regularly limited to user SYSTEM, INCLUDING CATEGORIES OF USERS AND Washington, DC 20593–0001. Written staff members. Records are stored in THE PURPOSES OF SUCH USES: request must be signed by the secured building after duty hours. W–2 wage and federal tax reporting to individual. the Internal Revenue Service. Reports of RETENTION AND DISPOSAL: RECORD ACCESS PROCEDURES: Microfilm and records are retained earnings to State and city taxing authorities. Listing of currently retiring Procedure may be obtained by writing until member is discharged or retired. to or visiting Commandant, G–SII at the Three years subsequent to retirement or officers, home addresses and mailing labels used by authorized USCG and address in ‘‘Notification Procedure’’ or discharge, records are transferred to a the local Coast Guard District or unit Federal Records Center. USCG affiliated organizations. Reports and information exchanged with the office for the area in which an SYSTEM MANAGER(S) AND ADDRESS: Veterans Administration, Office of individual’s duty station is located. Commandant, G–WT, Director, Personnel Management, Social Security Proof of identity will be required prior Reserve and Training Directorate, Administration, Department of Defense, to affording an individual access to United States Coast Guard, 2100 2nd and the Red Cross. See Prefatory records. A military identification card, a Street, SW., Washington, DC 20593– Statement of General Routine Uses. driver’s license, or similar document 0001. will be considered suitable DISCLOSURE TO CONSUMER REPORTING identification. NOTIFICATION PROCEDURE: AGENCIES: Commandant, G–SII, United States Disclosures pursuant to 5 U.S.C. CONTESTING RECORD PROCEDURES: Coast Guard Headquarters, 2100 2nd 552a(b)(12). Disclosures may be made Same as ‘‘Record access procedures’’.

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RECORD SOURCE CATEGORIES: SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE Individuals, Coast Guard personnel Access is regularly limited to user SYSTEM: and payroll offices. staff members. Stored in a building Civilian employees. Active duty and secured after duty hours. retired military members. Military EXEMPTIONS CLAIMED FOR THE SYSTEM: dependents. None. RETENTION AND DISPOSAL: Records are kept for 3 years, and then CATEGORIES OF RECORDS IN THE SYSTEM: DOT/CG 534 transferred to a Federal Records Center. Payroll records. Accounting records Exception: Schedule 98–Ts (Freight and for CGES/MWR loans. Listing of bad SYSTEM NAME: Transportation) are forwarded to checks. Job applications. Travel and Transportation of General Accounting Office, GAO after 3 Correspondence. Membership Household Effects. months. applications. Accounts receivable. Investigatory reports involving abuse of SECURITY CLASSIFICATION: SYSTEM MANAGER(S) AND ADDRESS: facilities. Accounting records for CGES/ Unclassified—sensitive. Commandant, G–WP, Director, MWR. Personnel Management Directorate, SYSTEM LOCATION: United States Coast Guard AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Commandant, G–WP, U.S. Coast Headquarters, 2100 2nd Street, SW., 5 U.S.C. 301; 5 U.S.C. 2105; 10 U.S.C. Guard Headquarters, Director, Personnel Washington, DC 20593–0001. 1059, 1146, 1587; 14 U.S.C. 632; 49 CFR Management Directorate, 2100 2nd 1.45, 1.46. Street, SW., Washington, DC 20593– NOTIFICATION PROCEDURE: 0001. District Office and Headquarters’ Commandant, G–SII, United States PURPOSE(S): units. Coast Guard Headquarters, 2100 2nd Maintain financial and personnel Street, SW., Washington, DC 20593– records for Coast Guard non- CATEGORIES OF INDIVIDUALS COVERED BY THE 0001. Written request must be signed by SYSTEM: appropriated fund entities. the individual. Active duty military members, retired ROUTINE USES OF RECORDS MAINTAINED IN THE military members, and civilian RECORD ACCESS PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND employees. Procedure may be obtained by writing THE PURPOSES OF SUCH USES: to or visiting Commandant, G-SII) at the Payroll for CGES/MWR employees. CATEGORIES OF RECORDS IN THE SYSTEM: address in ‘‘Notification procedure’’ or Personnel actions. Accounting Travel claims, transportation claims, the local Coast Guard District or unit purposes. Budget and inventory government bills of lading, applications office for the area in which an controls. See Prefatory Statement of for shipment of household effects. individual’s duty station is located. General Routine Uses. Proof of identity will be required prior AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to affording an individual access to DISCLOSURE TO CONSUMER REPORTING 5 U.S.C. 301, 10 U.S.C. 1147; 14 records. A military identification card, a AGENCIES: U.S.C. 512, 632; 37 U.S.C. 406; 49 CFR driver’s license, or similar document None. 1.45, 1.46 will be considered suitable POLICIES AND PRACTICES FOR STORING, PURPOSE(S): identification. RETRIEVING, ACCESSING, RETAINING, AND Payment of household and CONTESTING RECORD PROCEDURES: DISPOSING OF RECORDS IN THE SYSTEM: transportation claims. Same as ‘‘Record access procedure’’. STORAGE: Automated records may be stored on ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD SOURCE CATEGORIES: tape, disc, drums and punched cards. SYSTEM, INCLUDING CATEGORIES OF USERS AND Individual subject of the record. THE PURPOSES OF SUCH USES: Manual records may be stored in file Ground freight and transportation Vouchers submitted for payment of folders and/or credit ledgers, card files, carriers and agents. Airline companies. and notebooks. claims, for audit of claims for payment, Personnel offices. Other responsible to account for cost of moving household agencies. RETRIEVABILITY: goods, advice of shipment of household Indexed alphabetically. goods for reporting of funds expended, EXEMPTIONS CLAIMED FOR THE SYSTEM: and for payment of claims. Used by None. SAFEGUARDS: General Accounting Office in DOT/CG 535 Access is regularly limited to connection with the performance authorized personnel. Building is official duties. See Prefatory Statement SYSTEM NAME: secured after duty hours. of General Routine Uses. Coast Guard Exchange System, CGES and Morale, Welfare and Recreation, RETENTION AND DISPOSAL: DISCLOSURE TO CONSUMER REPORTING Records are retained until usefulness AGENCIES: MWR Program. has expired and then destroyed. None. SYSTEM CLASSIFICATION: Unclassified—sensitive. SYSTEM MANAGER(S) AND ADDRESS: POLICY AND PRACTICES FOR STORING, Commandant, G–WP, Director, RETRIEVING, ACCESSING, RETAINING, AND SYSTEM LOCATION: DISPOSING OF RECORDS IN THE SYSTEM: Personnel Management Directorate, Commandant, G–WP, United States United States Coast Guard STORAGE: Coast Guard Headquarters, Director, Headquarters, 2100 2nd Street, SW., Filed manually in file folders. Personnel Management Directorate, Washington, DC 20593–0001. 2100 2nd Street, SW., Washington, DC RETRIEVABILITY: 20593–0001. CG Districts, Maintenance NOTIFICATION PROCEDURE: Schedule numbers and/or individual and Logistics Commands and Commandant, G–SII, United States name. Headquarters Units. Coast Guard Headquarters, 2100 2nd

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Street, SW., Washington, DC 20593– and maintain inventories. Determine SYSTEM LOCATION: 0001. contractor responsibilities and liability. Commandant, G–WP, United States Used by the General Accounting Office, Coast Guard Headquarters, Director, RECORD ACCESS PROCEDURES: GAO in performance of duties. See Personnel Management Directorate, Same as ‘‘Notification procedure’’. Prefatory Statement of General Routine 2100 2nd Street, SW., Washington, DC CONTESTING RECORD PROCEDURES: Uses. 20593–0001.

Same as ‘‘Notification procedure’’. DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF INDIVIDUALS COVERED BY THE AGENCIES: SYSTEM: RECORD SOURCE CATEGORIES: None. Individual record subject. Previous Coast Guard Military Personnel who employees. Employment agencies. POLICIES AND PRACTICES FOR STORING, have applied for Federal Housing Civilian and military investigative RETRIEVING, ACCESSING, RETAINING, AND Administration Mortgage Insurance. DISPOSING OF RECORDS IN THE SYSTEM: reports. General correspondence. CATEGORIES OF RECORDS IN THE SYSTEM: STORAGE: EXEMPTIONS CLAIMED FOR THE SYSTEM: Selected aspects of FHA Mortgage Manually filed in file folders, None. Insurance Records for military maintained on tape/card three ring personnel, including copies of Form DOT/CG 536 binders, and in hard cover books. DD–802, ‘‘Request for and Certificate of Eligibility’’ and Form DD–803, SYSTEM NAME: RETRIEVABILITY: ‘‘Certificate of Termination.’’ Contract and Real Property File Retrieved by individual/company System. name, number, construction job, and/or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: location. SYSTEM CLASSIFICATION: 5 U.S.C. 301; 14 U.S.C. 632, 680–689; SAFEGUARDS: 49 CFR 1.45, 1.46 Unclassified—sensitive. Access restricted to authorized PURPOSE(S): SYSTEM LOCATION: personnel only, some records in locked Commandant, G–CFM, United States safe and/or filing cabinet. Maintained in Enroll, terminate, and verify Coast Guard Headquarters, Chief of building having roving security guard eligibility of members in FHA 222 Staff, 2100 2nd Street, SW., Washington, after duty hours. Program. DC 20593–0001. District and RETENTION AND DISPOSAL: ROUTINE USES OF RECORDS MAINTAINED IN THE Headquarters Units. Some records retained indefinitely; SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: CATEGORIES OF INDIVIDUALS COVERED BY THE some retained 3, 4 or 6 years, then SYSTEM: destroyed or forwarded to a Federal Verify that billings from HUD are Individuals doing business with the Records Center for an additional 7 years. correct, and payable from Coast Guard Coast Guard. Employees of prime and funds. SYSTEM MANAGER(S) AND ADDRESS: sub-contractors. Individuals requiring Commandant, G–CFM, United States DISCLOSURE TO CONSUMER REPORTING use of CG property. Military members AGENCIES: and civilian employees. Coast Guard Headquarters, Chief of Staff, 2100 2nd Street, SW., Washington, None. CATEGORIES OF RECORDS IN THE SYSTEM: DC 20593–0001. POLICIES AND PRACTICES FOR STORING Contracts and related files. Real NOTIFICATION PROCEDURE: RETRIEVING, ACCESSING, RETAINING, AND property and leased family housing DISPOSING OF RECORDS IN THE SYSTEM: Commandant, G–SII, United States files. Bidders list. Minority compliance Coast Guard Headquarters, 2100 2nd STORAGE: records. Payment schedule files relating Street, SW., Washington, DC 20593– to Admiralty and Tort claims. Personnel Manually in closed file cases. 0001. claims. Collection register. Open RETRIEVABILITY: purchase order file. Correspondence RECORD ACCESS PROCEDURES: By named individual, alphabetically. files and vendor lists. Information on Same as ‘‘Notification procedure’’. employees of contractors, job level and SAFEGUARDS: pay of these employees. Permits, CONTESTING RECORD PROCEDURES: Same as ‘‘Notification procedure’’. Access is regularly limited to user licenses and easement. staff members. After duty hours, the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORD SOURCE CATEGORIES: building is patrolled by roving security 5 U.S.C. 301; 10 U.S.C. 2571; 14 Individuals. Contractors. Contract guards. employees. Bidders. Financial U.S.C. 92(f), 93(o), 632, 666, 685; 49 RETENTION AND DISPOSAL: CFR 1.45, 1.46; COMDTINST 5100.47. institutions. Insurance Companies. Community associations. Other Files are maintained as long as a PURPOSE(S): agencies. member is covered by an insured Determine compliance of contractors mortgage loan; 3 years after, files are EXEMPTIONS CLAIMED FOR THE SYSTEM: with minimum wages for certain skills forwarded to Federal Records Center. and trades on government contracts. None. Destroyed 4 years after case files are closed. ROUTINE USES OF RECORDS MAINTAINED IN THE DOT/CG 537 SYSTEM MANAGER(S) AND ADDRESS: SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM NAME: THE PURPOSES OF SUCH USES: FHA Mortgage Insurance for Commandant, G–WP, Director, Recordkeeping of payments and Servicemen. Personnel Management Directorate, collection. Determine potential for United States Coast Guard contracting with the government. SECURITY CLASSIFICATION: Headquarters, 2100 2nd Street, SW., Record issuance of personal property Unclassified—sensitive. Washington, DC 20593–0001.

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NOTIFICATION PROCEDURE: of individuals for benefits administered SECURITY CLASSIFICATION: Commandant, G–SII, United States by that agency and available to USPHS Unclassified—sensitive. Coast Guard Headquarters, 2100 2nd or DOD medical personnel in SYSTEM LOCATION: Street SW., Washington, DC 20593– connection with the performance of 0001. The written request should their official duties. See Prefatory Member’s unit or the Coast Guard include the requester’s name in full and Statement of General Routine Uses. health care facilities at which the signature. member or dependents receive DISCLOSURE TO CONSUMER REPORTING treatment. RECORD ACCESS PROCEDURES: AGENCIES: None. CATEGORIES OF INDIVIDUALS COVERED BY THE Procedures may be obtained by SYSTEM: writing Commandant, G–SII, at the POLICIES AND PRACTICES FOR STORING, Active duty, reserve, and retired address above, or by visiting the Coast RETRIEVING, ACCESSING, RETAINING, AND members of the uniformed services and Guard Headquarters, 2100 2nd Street, DISPOSING OF RECORDS IN THE SYSTEM: their dependents. SW., Washington, DC 20593–0001. STORAGE: CATEGORIES OF RECORDS IN THE SYSTEM: Proof of identity will be required prior File folders, microfilm, magnetic tape, to affording an individual access to his punched cards, machine lists, discs, and Records of medical and dental records. A military identification card, a other computerized or machine readable treatment, including x-rays. Physical driver’s license, or similar document media. Examinations. ADP Records containing will be considered suitable due date for physical/dental and eye identification. RETRIEVABILITY: examinations, inoculations, screening Name, social security number, and the tests and results of actions required by CONTESTING RECORD PROCEDURES: diagnosis or International Classification Coast ‘‘Guard or other federal state or Same as ‘‘Record access procedures’’. of Diseases, ICD code. local government or agency. Records concerning line of duty determination RECORD SOURCE CATEGORIES: SAFEGUARDS: and eligibility for disability benefits. Individual concerned and the Federal Records are maintained in locked Housing Administration. filing equipment in controlled access AUTHORITY FOR MAINTENANCE OF THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: rooms. Records are accessible only to 5 U.S.C. 301; 10 U.S.C. 1071–1107; 14 authorized personnel. Computer U.S.C. 632; 49 CFR 1.45, 1.46 None. terminals are located in supervised PURPOSE(S): DOT/CG 571 areas, with access controlled by password or other user code system. Determine suitability of members for SYSTEM NAME: overseas assignments and to develop Physical Disability Separation RETENTION AND DISPOSAL: automated information relating to System. Retained two years after disposition medical readiness in wartime and then transferred to Federal Records contingence operations. SECURITY CLASSIFICATION: Center, St. Louis, MO. Unclassified—sensitive. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM MANAGER(S) AND ADDRESS: SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM LOCATION: Commander, U.S. Coast Guard, THE PURPOSES OF SUCH USES: Commander, U.S. Coast Guard Personnel Command, 2100 2nd St., SW., a. Provided to federal, state, or local Personnel Command, 2100 2nd St., SW., Rm. 1504, Washington, DC 20593–0001. governments and agencies to compile Rm. 1504, Washington, DC 20593–0001. statistical data for research and auditing; NOTIFICATION PROCEDURE: to provide quality assurance; to report CATEGORIES OF INDIVIDUALS COVERED BY THE Notarized written requests should medical conditions and other data SYSTEM: contain the full name and social required by law; to aid in preventive USCG active duty personnel, USCG security number of the member and be health and communicable disease Reserve personnel on active duty orders addressed to: Commandant, G–SII–2, control programs. for periods greater than 29 days, and United States Coast Guard b. Provided to the Joint Commission USCG personnel separated or retired for Headquarters, 2100 2nd Street, SW., on Accreditation of Healthcare physical disability. Washington, DC 20593–0001. Organizations to evaluate health care provided, personnel and facilities for RECORD ACCESS PROCEDURES: CATEGORIES OF RECORDS IN THE SYSTEM: professional certification and hospital Central Physical Evaluation Board Same as ‘‘Notification procedure’’. accreditation; to provide quality files. Formal Physical Evaluation Board CONTESTING RECORD PROCEDURES: services. files. Physical Review Council files. Same as ‘‘Notification procedure’’. c. Records of communicable disease Physical Disability Appeal Board files. are provided to the Department of RECORD SOURCE CATEGORIES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Defense to analyze the results, to ensure Information in records developed uniformity of record keeping, and to 5 U.S.C. 301; 10 U.S.C. 1216, 14 through proceedings of administrative centralize production of reports for all U.S.C. 366, 632; 49 CFR 1.45, 1.46. bodies listed in ‘‘Categories of records’’ uniformed services. PURPOSE(S): above. d. Provided to the Department of Defense or other federal, state, or local Physical disability separation and EXEMPTIONS CLAIMED FOR THE SYSTEM: retirement proceedings. governments and agencies for casualty None. identification purposes. ROUTINE USES OF RECORDS MAINTAINED IN THE DOT/CG 572 e. Provided to the Social Security SYSTEM, INCLUDING CATEGORIES OF USERS AND Administration and Veterans THE PURPOSES OF SUCH USES: SYSTEM NAME: Administration for use in determining Department of Veteran Affairs for USCG Military Personnel Health an individual’s entitlement to benefits assistance in determining the eligibility Record System. administered by those agencies.

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f. Provided to the Public Health National Personnel Records Center, SECURITY CLASSIFICATION: Service, Department of Defense, or CPR, 111 Winnebago Street, St. Louis, Unclassified—sensitive. Veterans Administration medical MO 63118, and 4 years after last SYSTEM LOCATION: personnel or to personnel or facilities activity. providing care to eligible beneficiaries d. Reserve Personnel: Individual Commandant, G–WK, United States under contract in connection with medical files are retained in custody of Coast Guard Headquarters, Director, medical treatment of individuals. the reserve group or unit, or district Health and Safety Directorate, 2100 2nd Records are provided to the commander(s) for so long as the Street, SW., Washington, DC 20593– Department of Health and Human reservist is assigned to the particular 0001. Services for purposes of the Federal area. When the member is reassigned, CATEGORIES OF INDIVIDUALS COVERED BY THE Medical Care recovery set. Records are the individual medical file is transferred SYSTEM: available to the Public Health Service or to the new reserve group or unit or PHS commissioned officers assigned DOD medical personnel in connection district commander as appropriate. to duty with the Coast Guard. with medical treatment of individuals at Upon separation or retirement, the USPHS or DOD facilities. See Prefatory individual medical file is incorporated CATEGORIES OF RECORDS IN THE SYSTEM: Statement of General Routine Uses. into Official Coast Guard Reserve Personnel records, assignment Service Record System, DOT/CG 676 preference, reference questionnaires, DISCLOSURE TO CONSUMER REPORTING background information. AGENCIES: SYSTEM MANAGER(S) AND ADDRESS: None. Commandant, G–WK, United States AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301; 10 U.S.C. 1043, 14 POLICIES AND PRACTICES FOR STORING, Coast Guard Headquarters, Director, U.S.C. 93(r), 632, 645; 42 U.S.C. 213, RETRIEVING, ACCESSING, RETAINING, AND Health and Safety Directorate, 2100 2nd DISPOSING OF RECORDS IN THE SYSTEM: Street, SW., Washington, DC 20593– 253; 49 CFR 1.45, 1.46. 0001. STORAGE: PURPOSE(S): Individual files are in folders. NOTIFICATION PROCEDURE: Assist administrators in assigning Portions of records are automated at Commandant, G–SII–2, United States personnel to area requiring their specific some units. Coast Guard Headquarters, 2100 2nd skills. Street, SW., Washington, DC 20593– RETRIEVABILITY: ROUTINE USES OF RECORDS MAINTAINED IN THE 0001. Name or social security number of SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: member or dependents. RECORD ACCESS PROCEDURES: a. Active Duty personnel: Health care Monitor career development of SAFEGUARDS: facility where the record is located, or personnel assigned to program. See Room or cabinets in which records are see ‘‘Notification Procedure’’. Prefatory Statement of General Routine located are locked when unattended. b. Retired Personnel and all Uses. Access limited to these records at all Dependents: Health care facility where DISCLOSURE TO CONSUMER REPORTING times by personnel screening. the record is/was located, or: (Retired) AGENCIES: RETENTION AND DISPOSAL: National Personnel Records Center, None. (Military Personnel Records) 9700 Page a. Active Duty Personnel: Individual POLICIES AND PRACTICES FOR STORING, medical files are retained at the Blvd., St. Louis, MO 63132; (Dependents) National Personnel RETRIEVING, ACCESSING, RETAINING, AND members’ unit or medical DISPOSING OF RECORDS IN THE SYSTEM: administration office for so long as Records Center, CPR, 111 Winnebago STORAGE: individual is assigned to the particular Street, St. Louis, MO 63118 Reserve Personnel: Reserve group or area. When the member is reassigned, File folders. unit or district commander of the the individual medical file is transferred district where command is located, or RETRIEVABILITY: to the new duty station upon see ‘‘Notification Procedure’’. By name of individuals. reassignment of member. Upon The decision to release medical separation or retirement, the individual SAFEGUARDS: records directly to the individual shall medical file is incorporated into the During working hours access is be made by medical practitioner per 49 Official Officer Service Records System, controlled by office personnel, during CFR 10.35(c). DOT/CG 626, or Enlisted Personnel non-working hours building is patrolled Records System, DOT/CG 629, as CONTESTING RECORD PROCEDURES: by roving security patrol. appropriate. Same as ‘‘Notification procedure.’’ RETENTION AND DISPOSAL: b. Retired Personnel: Individual medical files are retained at the medical RECORD SOURCE CATEGORIES: Records are retained during period of facility for a period of 4 years from date Medical facilities where beneficiaries an individual’s assignment to the Coast of last activity. Transferred to National treated or examined. Investigations Guard. Thereafter, records are destroyed Personnel Records Center (Military resulting from illness or injury. The by shredding. Personnel Records). 9700 Page Blvd, St. individual. SYSTEM MANAGER(S) AND ADDRESS: Louis, MO 63132, 4 years after last EXEMPTIONS CLAIMED FOR THE SYSTEM: Commandant, G–WK, Director, Health report. None. and Safety Directorate, United States c. Dependents: Individual medical Coast Guard Headquarters, 2100 2nd files are retained at the medical DOT/CG 573 Street, SW., Washington, DC 20593– treatment facility for period of 4 years 0001. from date of last activity. Transferred to SYSTEM NAME: new duty station of sponsor upon United States Public Health Services, NOTIFICATION PROCEDURE: written request of dependent. Records PHS Commissioned Officer Corps Commandant, G–SII–2, United States not transferred are forwarded to Staffing and Recruitment Files. Coast Guard Headquarters, 2100 2nd

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Street, SW., Washington, DC 20593– AUTHORITY FOR MAINTENANCE OF THE SYSTEM: for the MLC where care was rendered. 0001. Written request must be signed by 5 U.S.C. 301; 10 U.S.C. 1091, 14 The request must be signed by the the individual. U.S.C. 93(r), 632; 49 CFR 1.45, 1.46. individual, or if a minor dependent, by the parent or guardian. Commander, RECORD ACCESS PROCEDURES: PURPOSE(S): Maintenance and Logistics Command Procedures may be obtained by Review of cost data and Atlantic, Health Services Division, writing to or visiting Commandant, G- appropriateness of care. Governor’s Island, New York, NY SII–2 at the address in ‘‘Notification 10004–5100, or Commander, ROUTINE USES OF RECORDS MAINTAINED IN THE procedures’’. Proof of identity will be Maintenance and Logistics Command required prior to release of records. A SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Pacific, Health Services Division, Coast military identification card, driver’s Guard Island, Alameda, CA 94501– Medical information, including license or similar document will be 5100, as appropriate. considered suitable identification records of health care and medical invoices may be disclosed to health care RECORD ACCESS PROCEDURES: CONTESTING RECORD PROCEDURES: professionals, auditing, utilization and Write or visit the appropriate See ‘‘Record access procedures’’. peer review organizations to support a Commander, MLC at the address given RECORD SOURCE CATEGORIES: government claim. See Prefatory in ‘‘Notification procedure.’’ Previous employers, educational Statement of General routine Uses. Responsible for where the care was institutions, references, Coast Guard DISCLOSURE TO CONSUMER REPORTING received. Medical Administrators and the AGENCIES: CONTESTING RECORD PROCEDURES: individual. None. Same as ‘‘Record access procedures.’’ EXEMPTIONS CLAIMED FOR THE SYSTEM: POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: None. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: From the individual, individual’s DOT/CG 576 spouse, parent or guardian. Medical STORAGE: facilities (United States Coast Guard, SYSTEM NAME: Storage of individual files is in Department of Defense, uniformed USCG Non-Federal Invoice Processing folders. Portions of records are extracted Services Treatment Facility, or non- System, NIPS. in an ADP data base. ADP data is Federal, provider) where beneficiaries SECURITY CLASSIFICATION: maintained in hard disk and magnetic are treated. For Active Duty personnel— Unclassified—sensitive. tape storage. the Official Officer Service Records System, DOT/CG 626, and the Enlisted SYSTEM LOCATION: RETRIEVABILITY: Personnel Record System; DOT/CG 629. Commandant, G–WK, United States Name or Social Security Number of For Reserve personnel—the Official Coast Guard, 2100 Second Street, SW., member or dependents sponsor. Name Coast Guard Reserve Service Record Washington, DC 20593–0001. of Member’s Unit. Name or tax System, DOT/CG 676. Investigations Commander, Maintenance and Logistics identification number of non-Federal resulting from illness or injury. Command Atlantic, Health Services health care providers. Division, Governor’s Island Building EXEMPTIONS CLAIMED FOR THE SYSTEM: SAFEGUARDS: 400, New York, NY 10004–5100. None. Commander, Maintenance and Logistics Room and cabinets in which records DOT/CG 577 Command Pacific, Health Services are located are locked when unattended. Division, Coast Guard Island, Alameda, There are roving guard patrols during SYSTEM NAME: non-duty hours. Access to records is CA 94501–5100. USCG Federal Medical Care Recovery regularly limited to those directly Act, FMCRA Record System. CATEGORIES OF INDIVIDUALS COVERED BY THE involved in managing claims. Records SYSTEM: in the ADP database are retrievable only SECURITY CLASSIFICATION: Active duty, reserve, and retired by those with authorized access to ADP Unclassified—sensitive. members of the uniformed services and equipment and the database is protected their eligible dependents, and non- by standard ADP security measures SYSTEM LOCATION: Federal health care providers that have including the use of passwords. U.S. Coast Guard, Health and Safety rendered services to eligible Directorate, 2100 2nd Street, SW., beneficiaries. RETENTION AND DISPOSAL: Washington, DC 20593–0001. Retained for 1 year; transferred to a CATEGORIES OF RECORDS IN THE SYSTEM: Federal Record Storage Facility and CATEGORIES OF INDIVIDUALS COVERED BY THE Correspondence, memoranda, and retained for an additional 5 years 3 SYSTEM: related documents concerning potential months, and destroyed thereafter. Active duty, reserve, and retired and actual health care invoices for members of the uniformed services and processing by NIPS. Medical and dental SYSTEM MANAGER: their eligible dependents. treatment records provided to the Commandant, G–WK, Director, Health individual that are the subject of an and Safety Directorate, United States CATEGORIES OF RECORDS IN THE SYSTEM: invoice for non-federal health care Coast Guard Headquarters, 2100 Second Correspondence, memoranda, and provided to an eligible beneficiary. Street, SW., Washington, DC 20593– related documents concerning potential Automated data processing, ADP 0001. ad actual FMCRA claims, and copies of records containing identifying data on medical and dental treatment provided individuals including: Units of NOTIFICATION PROCEDURE: to the individual subject of the claim, assignment and address, home address, Send a written request with patient’s and copies of medical bills associated and information necessary to process name, sponsor’s name and social with civilian care provided at and monitor bills for payment. security number, to the System Location government expense. Automated data

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RECORD ACCESS PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Write or visit: Commandant, G–WK, POLICIES AND PRACTICES FOR STORING, 5 U.S.C. 301; 14 U.S.C. 632; 42 U.S.C. U.S. Coast Guard, Attn: FMCRA Section, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: 2651–2653; 49 CFR 1.45, 1.46. 2100 Second Street, SW., Washington, STORAGE: PURPOSE(S): DC 20593–0001. File folders. Managing, processing, and collecting CONTESTING RECORD PROCEDURES: claims for the government. RETRIEVABILITY: Same as ‘‘Record access procedures.’’ By committee name/individual name. ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD SOURCE CATEGORIES: SYSTEM, INCLUDING CATEGORIES OF USERS AND SAFEGUARDS: THE PURPOSES OF SUCH USES: From the individual, or if a minor, the Personnel screening prior to granting Information may be disclosed to parent or guardian. Medical facilities access. Building has roving security attorneys and insurance companies (U.S. Coast Guard, Department of after hours. involved in settling and litigating Defense, Uniformed Services Treatment claims. See Prefatory Statement of Facility, or Civilian Facility) where RETENTION AND DISPOSAL: General Routine Uses. beneficiaries are treated. Injury Permanently retained. investigations. Attorneys and insurance SYSTEM MANAGER(S) AND ADDRESS: DISCLOSURE TO CONSUMER REPORTING companies involved in the claim. For AGENCIES: Active Duty personnel—the Official Commandant (G–M), United States None. Officer Service Records System; DOT/ Coast Guard Headquarters, Chief, CG 626, and the Enlisted Personnel Marine Safety and Environmental POLICIES AND PRACTICES FOR STORING, Records System; DOT/CG 629. For Protection, 2100 2nd Street, SW., RETRIEVING, ACCESSING, RETAINING, AND reserve personnel—the Official Coast Washington, DC 20593–0001. DISPOSING OF RECORDS IN THE SYSTEM: Guard Reserve Service Record System, NOTIFICATION PROCEDURE: STORAGE: DOT/CG 676. Commandant, G–SII–2, United States Storage of individual files is in EXEMPTIONS CLAIMED FOR THE SYSTEM: Coast Guard Headquarters, 2100 2nd folders. Portions of records are extracted Street, SW., Washington, DC 20593– in ADP database. ADP database will be None. 0001. Written request must be signed by maintained in hard disk and magnetic DOT/CG 586 the individual. tape storage. RECORD ACCESS PROCEDURES: SYSTEM NAME: RETRIEVABILITY: Procedures may be obtained by Name or social security number of Chemical Transportation Industry writing to or visiting Commandant, G– member, retiree or dependent. Advisory Committee. SII–2, at the address in ‘‘Notification SECURITY CLASSIFICATION: Procedure.’’ Proof of identity will be SAFEGUARDS: required prior to granting access. A Room and cabinets in which records Unclassified-sensitive. military identification card, driver’s are located are locked when unattended. license or similar document is SYSTEM LOCATION: Roving guard patrol during non-duty considered suitable identification. hours. Access to records limited to those Commandant, G–M, United States CONTESTING RECORD PROCEDURES: directly involved in managing claims Coast Guard, 2100 2nd Street, SW., with a need to know. Records in ADP Washington, DC 20593–0001. Same as ‘‘Record access procedures’. database retrievable only to those with CATEGORIES OF INDIVIDUALS COVERED BY THE RECORD SOURCE CATEGORIES: authorized access to ADP equipment SYSTEM: From the individual of record. and database is protected by standard ADP. Committee members. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. RETENTION AND DISPOSAL: CATEGORIES OF RECORDS IN THE SYSTEM: Records are retained at USCG Address, phone number. Biographical DOT/CG 588 sketch. Committee information. Minutes Headquarters for 1 year; transferred to a SYSTEM NAME: Federal Records Storage Facility and of meetings. Marine Safety Information System, retained for an additional 5 years, 3 AUTHORITY FOR MAINTENANCE OF THE SYSTEM: MSIS. months for a total of 6 years, 3 months and destroyed thereafter. 5 U.S.C. 301; 14 U.S.C. 632; 49 CFR SECURITY CLASSIFICATION: 1.45, 1.46. Unclassified—sensitive. SYSTEM MANAGER(S) AND ADDRESS: Health and Safety Directorate, United PURPOSE(S): SYSTEM LOCATION: States Coast Guard, Headquarters, 2100 Arranging meetings, keeping records United States Coast Guard (USCG), 2nd Street, SW., Washington, DC of committee business, determine Operations Systems Center, 175 Murall 20593–0001. committee membership. Drive, Martinsburg, WV 25401.

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CATEGORIES OF INDIVIDUALS COVERED BY THE States,’’ CG–408 (also known as ‘‘the e. Additional protection is afforded by SYSTEM: blue book’’). This information is the use of two password security. Individuals with established distributed on tape and is sold to the RETENTION AND DISPOSAL: relationship(s) associates to maritime public. vessels that are included in the Marine (2) United States Customs Service, Record retention is indefinite. Safety Information System, MSIS. USCS: Characteristics of vessel, United SYSTEM MANAGER(S) AND ADDRESS: Specifically, information on vessel States ports visited and owner United States Coast Guard, owners, operators, masters, crew and/or information. USCG information is Information Management Division, G– agents can be stored in MSIS. compared to USCS vessel and/or owner MIR–2, 2100 2nd Street, SW, information. CATEGORIES OF RECORDS IN THE SYSTEM: Washington, DC 20593–0001. (3) Military Sealift Command (MSC): Notification Procedure: Submit a Information on maritime vessels and Characteristics of vessels. USCG vessel characteristics including: Vessel written request noting the information information is compared to MSC vessel desired and for what purpose the identification data, registration data, information. port visits, inspection data, information will be used. A first party See Prefatory Statement of General request should be specifically noted. documentation data, port safety Routine Uses. boardings, casualties, pollution The request must be signed by the incidents, and civil violations if DISCLOSURE TO CONSUMER REPORTING individual, or his/her legal applicable and associated information AGENCIES: representative. Send the request to: (data pertaining to people or None. Commandant, G–SII, United States organizations associated with vessels) Coast Guard Headquarters, 2100 Second POLICIES AND PRACTICES FOR STORING, for owners, operators, agents, and Street, SW., Washington, DC 20593– RETRIEVING, ACCESSING, RETAINING, AND 0001 possibly crew members. Statements DISPOSING OF RECORDS IN THE SYSTEM: submitted by Coast Guard relating to RECORD ACCESS PROCEDURES: STORAGE: boardings, investigations as a result of a Same as Notification procedures. pollution and/or casualty incident, as Storage of all records is in an ADP well as any violations of United States data base operated and maintained by CONTESTING RECORD PROCEDURES: law, along with civil penalty actions the United States Coast Guard. All data Same as Notification procedures. is retained indefinitely. taken as a result of such violations. RECORD SOURCE CATEGORIES: Such reports could contain names of RETRIEVABILITY: All information entered into the MSIS passengers on vessels, as well as Records are retrieved by: is gathered from boardings, inspections, witnesses to such violations. a. Vessel name or vessel identification and Documentation offices in the course AUTHORITY FOR MAINTENANCE OF THE SYSTEM: number, VIN. of normal routine business. This 5 U.S.C. 301; 14 U.S.C. 632; 33 U.S.C. b. Facility name or facility identifying information is gathered from the 1228; 46 U.S.C. 2102, 3301, 3714, 3717, number, FIN. owners, operators, crew members, 6101, 6102, 6307(c)’’, 6301, 7101, 7309; c. Involved parties name, IPN, (owner, agents, passengers, witnesses, United 49 CFR 1.45, 1.46. operators, agent, etc.). States Coast Guard personnel. d. Casualty case number. PURPOSE(S): e. Pollution incident case number. EXEMPTIONS CLAIMED FOR THE SYSTEM: Build a safety performance history of Portions of this system of records may SAFEGUARDS: vessels, their owners, operators and be exempt from disclosure under the facilities, thereby enhancing safety. The MSIS falls under the guidelines provisions of 5 U.S.C. 552a (k)(2). of the Operations System Center in However, in specific cases where ROUTINE USES OF RECORDS MAINTAINED IN THE Martinsburg, WV. This computer facility maintenance of information results in SYSTEM, INCLUDING CATEGORIES OF USERS AND has its own approved System Security the denial of a right, privileges or THE PURPOSES OF SUCH USES: Plan which provides that: benefits to which the individual is MSIS primarily supports operational a. The system be maintained in a entitled, the information will be decision making in implementing and secure computer room with access released in accordance with section enforcing marine safety and restricted to authorized personnel only. (k)(2). This provides in part that environmental programs. In addition, b. Access to the building must be investigatory material compiled for law the system is used by field units for the authorized and is limited. A Sensitive enforcement purposes may be withheld issuance of Certificates of Application Certification (SAC) has from disclosure to the extent the Documentation, Certificates of been approved for the MSIS. identity of the source of the information Inspections, port safety boardings, The United States Coast Guard will would be revealed by disclosing the monitoring cargo transfers, capturing operate the MSIS in consonance with investigatory record, and the source has data on pollution incidents and Federal security regulations, policy, received an express promise that his/her casualties, and for reporting of procedures, standards and guidance for identity would be held in confidence. violations resulting from these implementing the Automated incidents. MSIS Records may be Information Systems Security Program. DOT/CG 589 disclosed to the following United States c. Only authorized Department of SYSTEM NAME: Government entities. Transportation personnel, and (1) United States Department of authorized United States Government United States Merchant Seamen’s Commerce, National Technical contractors conducting system Records. Information Service, NTIS: maintenance may access MSIS records. SECURITY CLASSIFICATION: Characteristics of vessels documented d. Access to records password Unclassified—sensitive. by the USCG and owner information. protected and the scope of access for This information is the same as that each password is limited to the official SYSTEM LOCATION: published in the annual publication need of each individual authorized Commandant, G–M, United States ‘‘Merchant Vessels of the United access. Coast Guard, CG, 2100 2nd Street, SW.,

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Washington, DC. 20593–0001. Marine Number, ‘‘Z’’ number, or Continuous EXEMPTIONS CLAIMED FOR THE SYSTEM: Inspection Office or the Marine Safety Discharge Book number). Portions of this system of records may Office where the seaman was SAFEGUARDS: be exempt from disclosure under the documented. provisions of 5 USC 552a (k)(2). The active personnel records are CATEGORIES OF INDIVIDUALS: stored in a locked room at a contractor’s DOT/CG 590 United States Merchant Seamen. site. Access to the room is regularly limited to trained employees of the SYSTEM NAME: CATEGORIES OF RECORDS IN THE SYSTEM: contractor and to National Maritime Vessel Identification System, VIS. Personnel File. Shipping Articles. Center personnel. National Maritime Locator List. Log Books. Seamen’s Center personnel provide full time SECURITY CLASSIFICATION: License Records. Fingerprint Records. oversight. Computer records are Unclassified—sensitive. Disciplinary Records. Security Records. retrievable only by approved Coast Guard and contractor personnel. SYSTEM LOCATION: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Passwords are required by all personnel 5 U.S.C 301; 14 U.S.C. 632; 46 U.S.C. United States Coast Guard, USCG, who access the system and the system Operations Systems Center, 600 Coast 2103, 7319, 7701, 8701; 14 CFR 12.02– records the name of the user each time 25; 49 CFR 1.45, 1.46. Guard Drive, Kearneysville, WV 25430– a record is accessed. Each user’s access 3000. PURPOSE(S): is limited to only that portion of the Administering the Commercial Vessel overall file that has previously been CATEGORIES OF INDIVIDUALS COVERED BY THE Safety Program to determine domestic determined to the user’s needs. SYSTEM: and international qualifications for the RETENTION AND DISPOSAL: Individuals with established issuance of licenses, documents and Paper personnel files are held at the relationship(s)/association to vessels staff officer certifications. contractor’s site for five years past the that are state-numbered and/or titled last activity with the file. They are then and United States Coast Guard- ROUTINE USES OF THE RECORDS MAINTAINED IN documented, and that are included in THE SYSTEM, INCLUDING CATEGORIES OF USERS transferred to the Federal Records the Vessel Identification System, VIS. AND THE PURPOSES OF SUCH USES: Center in Suitland, MD. Disciplinary Records are maintained in paper form. Specifically, owners, or agents of such Provide information to other Federal vessels, as well as lienholders. Agencies, such as the Veterans’ Administrative Law Judge’s Decisions Administration, the Social Security and Orders and Appeal File are CATEGORIES OF RECORDS IN THE SYSTEM: Administration, etc. in connection with transferred to a Federal Records Center after 5 years. Commandant’s Decision Vessel identification information and benefits and services administered by vessel characteristics on state-numbered those agencies; to provide information on Appeal and National Transportation Safety Board Decisions and Orders are and/or titled vessels or Coast Guard- to private organizations when documented vessels. Personal considered beneficial to the seaman. See retained. Disciplinary Record Cards are destroyed upon notice of death. information including: Name of each Prefatory Statement of General Routine owner, address of principal place of Use. SYSTEM MANAGER(S) AND ADDRESS: residence of at least one owner, mailing DISCLOSURE TO CONSUMER REPORTING Assistant Commandant, G–M, United address if different than the principal AGENCIES: States Coast Guard Headquarters, place of residence, and either an Disclosures pursuant to 5 U.S.C. Marine Safety and Environmental owner’s social security number, date of 552a(b)(12). Disclosures may be made Protection, 2100 2nd Street, SW., birth and driver’s license number, or from this system to ‘‘consumer reporting Washington, DC 20593–0001. other identifier. Records containing lienholder and insurance information agencies’’ (collecting on behalf of the NOTIFICATION PROCEDURE: United States Govt.) as defined in the including: Name of lienholder, and city Fair Credit Reporting Act (15 U.S.C. United States Coast Guard and state of principal place of residence 1681a(f)) or the Federal Claims Headquarters, Commandant, G–SII, or business of each lienholder. Law Collection Act of 1982 (31 U.S.C. 2100 2nd Street, SW., Washington, DC enforcement status code (stolen, 3701(a)(3)). 20593–0001. recovered, lost, destroyed, or RECORD ACCESS PROCEDURES: abandoned), law enforcement hold, POLICIES AND PRACTICES FOR STORING, reporting agency, originating case RETRIEVING, ACCESSING, RETAINING, AND Same as ‘‘Notification procedure’’ or number, National Crime Information DISPOSING OF RECORDS IN THE SYSTEM: the Marine Inspection Office or Marine Center, NCIC, number, VIS user Safety Office where the document was STORAGE: identification, incident location, last issued locally. Paper files are stored at a secure, sighted date/time/location, law controlled access site managed by CONTESTING RECORD PROCEDURES: enforcement contact and phone number, contract personnel; on-site government Same as ‘‘Record access procedures.’’ and hours of operations. Records oversight is provided by the Coast containing vessel registration Guard’s National Maritime Center. RECORD SOURCE CATEGORIES: information including: registration and, Electronic records are stored on a secure Personnel File—seamen, United if applicable title number including database server at the Coast Guard States Coast Guard officials, other effective and expiration date, issuing Operations Systems Center. Federal Agencies and employer. authority, and, for Coast Guard Shipping Articles Vessels’ operators, documented vessels, the official RETRIEVABILITY: seamen, masters of vessels, State number. Alphabetical order by last name, first Department, and Coast Guard officials. name, middle name. Retrieval is made Disciplinary Records—Investigating AUTHORITY FOR MAINTENANCE OF THE SYSTEM: by name and cross-indexed by Officers at the various Marine 5 U.S.C. 301; 14 U.S.C. 632; 46 U.S.C. identifying number (e.g. Social Security Inspection and Marine Safety Offices. 12501–12507; 49 CFR 1.45, 1.46

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PURPOSE(S): RECORD ACCESS PROCEDURES: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND Provide a nationwide pool of state- Same as ‘‘Notification procedure’’. numbered and/or titled and United DISPOSING OF RECORDS IN THE SYSTEM: States Coast Guard-documented vessels CONTESTING RECORD PROCEDURES: STORAGE: that will assist in identification and Same as ‘‘Notification procedure’’. Index of owners maintained by recovery of stolen vessels, deter vessel Commandant, G–MVD. All other theft and fraud, and other purposes RECORD SOURCE CATEGORIES: records maintained at home port of relating to the ownership of vessels. Participating States and the National vessel by vessel name. ROUTINE USES OF RECORDS MAINTAINED IN THE Crime Information Center, NCIC. RETRIEVABILITY: SYSTEM, INCLUDING CATEGORIES OF USERS AND Name of vessel owner. THE PURPOSES OF SUCH USES: EXEMPTIONS CLAIMED FOR THE SYSTEM: Federal and state numbering and Portions of this system of records may SAFEGUARDS: titling officials for the purposes of be exempt from disclosure under the Personnel screening. tracking, registering and titling vessels. provisions of 5 U.S.C. 552a (k)(2). See Prefatory Statement of General RETENTION AND DISPOSAL: Routine Uses. DOT/CG 591 Listings of vessel owners constantly updated by additions and deletions SYSTEM NAME: DISCLOSURE TO CONSUMER REPORTING (automated). Field office vessel folders AGENCIES: Merchant Vessel Documentation transferred to FRC two years after None. System, Manual. change of vessel’s home port or 2 years after removal of vessel from POLICIES AND PRACTICES FOR STORING, SECURITY CLASSIFICATION: RETRIEVING, ACCESSING, RETAINING, AND documentation (manual). DISPOSING OF RECORDS IN THE SYSTEM: Unclassified—sensitive. SYSTEM MANAGER(S) AND ADDRESS: STORAGE: SYSTEM LOCATION: Commandant, G–M, Chief, Marine Automated data processing (ADP) Automated: United States Coast Safety and Environmental Protection, database operated and maintained by Guard, USCG, Operations Systems United States Coast Guard the United States Coast Guard. Center, 600 Coast Guard Drive, Headquarters, 2100 2nd Street, SW., RETRIEVABILITY: Kearneysville, WV 25430–3000. Washington, DC 20593–0001. Manual: United States Coast Guard, Vessel owner or business name; NOTIFICATION PROCEDURE: USCG, National Vessel Documentation Vessel owner’s social security number Commandant, G–SII, United States or alternate identifier (e.g. DOB, driver’s Center, 2039 Stonewall Jackson Drive, Falling Waters, WV 25419–9502. Coast Guard Headquarters, 2100 2nd license number, or taxpayer Street, SW., Washington, DC 20593– identification number); vessel hull CATEGORIES OF INDIVIDUALS COVERED BY THE 0001. identification number, HIN; State SYSTEM: certificate of number; title number.; RECORD ACCESS PROCEDURES: United States Coast Guard official Vessel owners. Mortgagees. Vessel Same as ‘‘Notification procedure’’ or number; USCG vessel name and hailing buyers and sellers. Lien claimants. the local Coast Guard District Office. port. Vessel builders. CONTESTING RECORD PROCEDURES: SAFEGUARDS: CATEGORIES OF RECORDS IN THE SYSTEM: Same as ‘‘Record Access Procedures.’’ The VIS falls under the guidelines of Vessel owner information. Vessel the United States Coast Guard information. Instruments of record (bills RECORD SOURCE CATEGORIES: Operations System Center, OSC in of sale, mortgages, etc.). Vessel owners, Mortgagees, lien Martinsburg, WV. This computer facility claimants, vessel sellers and buyers, has its own approved System Security AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Coast Guard admeasures, and vessel Plan. 5 U.S.C. 301; 14 U.S.C. 632; 46 U.S.C. builders. RETENTION AND DISPOSAL: 12119, 12502, 46 CFR part 67; 49 CFR EXEMPTIONS CLAIMED FOR THE SYSTEM: 1.45, 1.46 Records of active cases are retained None. until they become inactive; inactive PURPOSE(S): DOT/CG 592 cases are archived and retained for 50 Establish the eligibility of vessels for years. Records will be selected to be SYSTEM NAME: documentation, record and track archived into an off-line file for any documented vessels, issue marine Registered/Applicant Pilot Eligibility vessel that has been inactive for a period documents and record instruments of Folder. of 10 years. Copies of backups are stored record (bills of sale, mortgages, etc.). at an off-site location. SECURITY CLASSIFICATION: Unclassified—sensitive. SYSTEM MANAGER (S) AND ADDRESS: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM LOCATION: Information Resource Division, THE PURPOSES OF SUCH USES: System Development Division, G–MRI– Commander, Ninth Coast Guard 3, United States Coast Guard Publication of the annual District, Great Lakes Pilotage Staff, 1240 Headquarters, 2100 2nd Street, SW., MERCHANT VESSELS OF THE East Ninth St., Cleveland, OH 44199– Washington, DC 20593–0001. UNITED STATES. See Prefatory 2060. Statement of General Routine Uses. NOTIFICATION PROCEDURE: CATEGORIES OF INDIVIDUALS COVERED BY THE Commandant, G–SII, USCG DISCLOSURE TO CONSUMER REPORTING SYSTEM: Headquarters, 2100 2nd Street, SW., AGENCIES: United States registered pilots and Washington, DC 20593–0001. None. applicant pilots suitable registered to

VerDate 202000 19:33 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 E:\FR\FM\11APN2.SGM pfrm02 PsN: 11APN2 19502 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices perform pilotage duties aboard foreign DOT/CG 611 States Coast Guard computer center vessels on the Great Lakes. without use of proper administrative SYSTEM NAME: controls. Release of dossiers to CATEGORIES OF RECORDS IN THE SYSTEM: Investigative Case System. accredited personnel on ‘‘need-to-know’ Application for registration, renewal SECURITY CLASSIFICATION: basis only. of registration, annual report of physical examination, Coast Guard license data, Unclassified—sensitive. RETENTION AND DISPOSAL: and examination for registration. SYSTEM LOCATION: Dossiers retained 50 years from date of birth. Deceased, retirees and others Commandant, G–O–CGIS, United AUTHORITY FOR MAINTENANCE OF THE SYSTEM: separated are held one year from States Coast Guard, CG, 2100 2nd Street, separation. Dossiers are retired to the 5 U.S.C. 301; 14 U.S.C. 632, 709; 49 SW., Washington, DC 20593–0001. Washington National Federal Records CFR 1.45, 1.46. Coast Guard District Offices. Center for further retention of 30 years. PURPOSE(S): CATEGORIES OF INDIVIDUALS COVERED BY THE 3x5 Cards are annotated to recall retired Document pilot registration. SYSTEM: dossiers if necessary. Computer United States Coast Guard military printouts are retained for 10 years then ROUTINE USES OF RECORDS MAINTAINED IN THE destroyed. SYSTEM, INCLUDING CATEGORIES OF USERS AND personnel, merchant marine personnel, THE PURPOSES OF SUCH USES: port and dock workers, and persons SYSTEM MANAGER(S) AND ADDRESS: under investigation for violations of Training program needs, retirements, Chief, Operations, G–O, United States laws and regulations administered by statistical compilations, and Coast Guard Headquarters, 2100 2nd the Coast Guard. negotiations with Canadian authorities Street, SW., Washington, DC 20593– to assure equitable participation by U.S. CATEGORIES OF RECORDS IN THE SYSTEM: 0001. registered pilots with Canadian Personnel security investigations, NOTIFICATION PROCEDURE: registered pilots. See Prefatory national agency check results, criminal Statement of General Uses. Commandant, G–SII, United States investigation, counterintelligence Coast Guard Headquarters, 2100 2nd DISCLOSURE TO CONSUMER REPORTING investigations, computerized case Street, SW., Washington, DC 20593– AGENCIES: control system. 0001. None. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORD ACCESS PROCEDURES: POLICIES AND PRACTICES FOR STORING, 5 U.S.C. 301; 14 U.S.C. 2, 89a, 93(e), Same as ‘‘Notification procedure’’ or RETRIEVING, ACCESSING, RETAINING, AND 632; 33 U.S.C. 1221; 14 U.S.C. 632; the local Coast Guard District Office. DISPOSING OF RECORDS IN THE SYSTEM: COMDTINST 5830.1 CONTESTING RECORD PROCEDURES: STORAGE: PURPOSE(S): Same as ‘‘Record access procedures.’’ Stored in file folders. Security clearances. RECORD SOURCE CATEGORIES: RETRIEVABILITY: ROUTINE USES OF RECORDS MAINTAINED IN THE National Agency Checks, background Name and pilot registration number. SYSTEM, INCLUDING CATEGORIES OF USERS AND investigations, criminal investigations, THE PURPOSES OF SUCH USES: interviews, records checks, SAFEGUARDS: Actions by commanders under the observations, statements. Screened by office personnel prior to Uniform Code of Military Justice. Career use. Locked in cabinets during non- advancement of United States Coast EXEMPTIONS CLAIMED FOR THE SYSTEM: working hours. Guard military personnel. Approval of Portions of this system of records may merchant seamen documents. Access of be exempt from disclosure under the RETENTION AND DISPOSAL: individuals to port facilities. See provisions of 5 U.S.C. 552a (k)(2), (5), Records are maintained permanently. Prefatory Statement of General Routine and (7). Uses. SYSTEM MANAGER(S) AND ADDRESS: DOT/CG 612 DISCLOSURE TO CONSUMER REPORTING Commander, Ninth Coast Guard SYSTEM NAME: AGENCIES: District, Great Lakes Pilotage Staff, 1240 Port Security Card System. East Ninth Street, Cleveland, OH 44199– None. SECURITY CLASSIFICATION: 2060. POLICIES AND PRACTICES FOR STORING, RETRIEVING ACCESSING RETAINING AND Unclassified—sensitive. NOTIFICATION PROCEDURE: , , , DISPOSING OF RECORDS IN THE SYSTEM: Same as ‘‘System manager’’. SYSTEM LOCATION: STORAGE: Commandant, G–O–CGIS, United RECORD ACCESS PROCEDURES: Investigative dossiers and 3x5 card States Coast Guard Headquarters, CG, Same as ‘‘System manager’’. retrieval system. 2100 2nd Street, SW., Washington, DC 20593–0001. District Offices. CONTESTING RECORD PROCEDURES: RETRIEVABILITY: Same as ‘‘System manager’’. By name and/or case number. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: RECORD SOURCE CATEGORIES: SAFEGUARDS: Persons regularly employed on Individual’s original application for Alarm controlled spaces, locked and/ vessels and water front facilities, or U.S. Pilot’s registration and individual’s or limited access file cabinets and office persons having regular public or private yearly report of medical examination. spaces. Using receipt control, automatic business with the operation, data processing, ADP system cannot be maintenance, or administration of EXEMPTIONS CLAIMED FOR THE SYSTEM: penetrated for data through terminals, or vessels and cargoes or waterfront None. otherwise, located outside the United facilities.

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CATEGORIES OF RECORDS IN THE SYSTEM: DOT/CG 622 RETRIEVABILITY:

Applications for port security cards SYSTEM NAME: Name, rate, class number, cadet code number, and Social Security Number. awaiting processing. Processed Military Training and Education applications indicating those granted or Records. SAFEGUARDS: denied port security cards. SECURITY CLASSIFICATION: Records are kept in file cabinets in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Unclassified—sensitive. offices that are locked during off-duty 5 U.S.C. 301; 14 U.S.C. 2, 91, 632; 33 hours. Those records stored in ADP CFR 125; 49 CFR 1.45, 1.46. SYSTEM LOCATION: equipment may only be accessed Director, Reserve and Training through use of a user access code. PURPOSE(S): Directorate, G–WT, United States Coast Determine eligibility for issuance of Guard Headquarters, 2100 2nd Street, RETENTION AND DISPOSAL: Port Security Cards. SW., Washington, DC 20593–0001. Personal History, Service History and District and Headquarters Units. School Conduct and Military ROUTINE USES OF RECORDS MAINTAINED IN THE Performance records are kept for one SYSTEM, INCLUDING CATEGORIES OF USERS AND CATEGORIES OF INDIVIDUALS COVERED BY THE year. Academic and Correspondence THE PURPOSES OF SUCH USES: SYSTEM: Course records are kept for five years. See Prefatory Statement of General Coast Guard Military Personnel Aptitude and Achievement Test results, Routine Uses. (Commissioned Officers, Commissioned as a part of Training and Education Warrant Officers, Cadets, and Enlisted DISCLOSURE TO CONSUMER REPORTING records, are kept for five years. Records AGENCIES: Personnel). are destroyed by mutilating, shredding None. CATEGORIES OF RECORDS IN THE SYSTEM: or burning. General Service Correspondence SYSTEM MANAGER(S) AND ADDRESS: POLICIES AND PRACTICES FOR STORING, Course. Off-Duty Education Records. RETRIEVING, ACCESSING, RETAINING, AND Director, Reserve and Training DISPOSING OF RECORDS IN THE SYSTEM: Professional Training Records. Non- Directorate, G–WT, United States Coast traditional Educational Support Guard Headquarters, 2100 2nd Street, STORAGE: Records. Achievement and Aptitude SW., Washington, DC 20593–0001. Paper files, 3x5 cards. Test Results. Academic Performance Records. Correspondence Course Rate NOTIFICATION PROCEDURE: RETRIEVABILITY: Advancement Records. Military United States Coast Guard, By name. Performance Records. Admissions Headquarters, Commandant, G–SII, SAFEGUARDS: Processing Records. Grade Reporting 2100 2nd Street, SW., Washington, DC Records. Cadet Academic Status 20593–0001. Maintained in file cabinets in secure Records. Transcript Maintenance areas. Personnel are screened prior to Records. Cadet Discipline Status RECORD ACCESS PROCEDURES: granting access. Records. Military Personnel Records. Same as ‘Notification Procedure’ or RETENTION AND DISPOSAL: Military Training Schedules Records. the local Coast Guard activity where assigned for training. Retained for 8 years, then destroyed AUTHORITY FOR MAINTENANCE OF THE SYSTEM: by mutilating, shredding or burning. 5 U.S.C. 301; 14 U.S.C. 93(g), 632; 49 CONTESTING RECORD PROCEDURES: SYSTEM MANAGER(S) AND ADDRESS: CFR 1.45, 1.46. Same as ‘‘Record Access Procedures.’’ Commandant, G–O, Chief, Operations, PURPOSE(S): RECORD SOURCE CATEGORIES: United States Coast Guard Evaluation and measurement of Official military personnel records, Headquarters, 2100 2nd Street, SW., training performance. test results, instructors and supervisors. Washington, DC 20593–0001. ROUTINE USES OF RECORDS MAINTAINED IN THE EXEMPTIONS CLAIMED FOR THE SYSTEM: NOTIFICATION PROCEDURE: SYSTEM, INCLUDING CATEGORIES OF USERS AND Portions of this system of records may THE PURPOSES OF SUCH USES: Commandant, G–SII, United States be exempt under 5 U.S.C. 552a(k)(5), (6), Coast Guard Headquarters, 2100 2nd Statistical summaries. Input to and (7). Street, SW., Washington, DC 20593– personnel records. Partial criteria for 0001. selection and admission to service/ DOT/CG 623 professional schools. Partial criteria for RECORD ACCESS PROCEDURES: selection to postgraduate education SYSTEM NAME: Same as ‘Notification Procedure’ or programs. Criteria for admission to the Military Pay and Personnel System. the local Coast Guard District or unit Coast Guard. Criteria for retention in SECURITY CLASSIFICATION: office. service Schools. Criteria for promotion. See Prefatory Statement of General Unclassified—sensitive. CONTESTING RECORD PROCEDURES: Routine Uses, 3 through 5 do not apply. SYSTEM LOCATION: Same as ‘‘Record access procedures.’’ DISCLOSURE TO CONSUMER REPORTING United States Coast Guard, CG, RECORD SOURCE CATEGORIES: AGENCIES: Department of Transportation Computer Individual applications. National None. Center, 400 7th Street, SW., Agency checks. Other records already at Washington, DC 20590–0001. United POLICIES AND PRACTICES FOR STORING, Coast Guard Headquarters, if any. States Coast Guard Human Resources RETRIEVING, ACCESSING, RETAINING, AND Service and Information Center, 444 SE. DISPOSING OF RECORDS IN THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: Quincy Street, Topeka, KS 66683–3591. Portions of this system of records may STORAGE: United States Coast Guard, 2100 2nd be exempt from disclosure under the File folders stored in file cabinets. Street, SW., Washington, DC 20593– provisions of 5 U.S.C. 552a(k)(2). Portions are stored on ADP equipment. 0001. Unit maintaining the individual’s

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To an need and obtain tape numbers and for pay at age 60. Active duty National individual’s spouse, or person volume identifiers from a central source Oceanic and Atmospheric responsible for the care of the before they are provided data tapes. Administration, NOAA officers. individual concerned when the Paper record and microfilm records are Personnel separated from service in all individual to whom the record pertains in limited access areas in locking the preceding categories. is mentally incompetent, critically ill or storage cabinets. under other legal disability for the CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: Identifying information, such as purpose of assuring the individual is receiving benefits or compensation they Leave and Earnings Statements, and name(s), date of birth, home residence, pay records are microfilmed and mailing address, social security number, are entitled to receive. To a requesting government agency, organization, or retained on site four years, then payroll information, and home archived at the Federal Record Center, telephone number. Work experience, individual the home address and other relevant information on those and destroyed when 50 years old. The educational level achieved, and official copy of the personnel record is specialized education or training individuals who, it is reasonably believed, might have contracted an maintained in the Official Officer obtained in and outside of military Service Records, DOT/CG 626 for active service. Military duty assignments, illness, been exposed to, or suffered from a health hazard while a member of duty officers, the Enlisted Personnel ranks held, pay and allowances, Record System, DOT/CG 629 for active personnel actions such as promotions, government service. To businesses for the purpose of electronic fund transfers duty enlisted personnel or the Official demotions, or separations. Enrollment Coast Guard Reserve Service Record, or declination of enrollment in or allotted pay transactions authorized by the individual concerned. To credit DOT/CG 576 for inactive duty reservists. insurance programs. Performance Duplicate magnetic copies of the pay evaluation. Individual’s desires for agencies and financial institutions for the purpose of processing credit and personnel record are retained at an future assignments, training requested, off site facility for a useful life of seven and notations by assignment officers. arrangements authorized by the individual concerned. To other years. Paper records for waivers and Information for determinations of remissions are retained on site six years waivers and remissions of indebtedness government agencies for the purpose of earnings garnishment. To prepare the three months after the determination to the United States Government. and then destroyed. Paper records to Information for the purpose of Officer Register and Reserve Officer Register which is provided to all Coast determine legal sufficiency for validating legal requirements for garnishment are retained on site six garnishment of wages. Guard officers and the Department of Defense. To other federal agencies and years three months after the member AUTHORITY FOR MAINTENANCE OF SYSTEM: collection agencies for the collection of separates from the service or the 5 U.S.C. 301; 14 U.S.C. 92(I), 632; 5 indebtedness and outstanding travel garnishment is terminated and then U.S.C. 5501–5597; 49 CFR 1.45, 1.46. advances to the federal government. The destroyed. home mailing addresses and telephone SYSTEM MANAGER(S) AND ADDRESS: PURPOSE(S): numbers of members and their For active duty members of the Coast Administer the Coast Guard pay and dependent/s to duly appointed Family Guard: Chief, Office of Personnel, personnel system. Ombudsman and personnel within the United States Coast Guard ROUTINE USE OF RECORDS MAINTAINED IN THE Coast Guard for the purpose of Headquarters, 2100 2nd Street, SW., SYSTEM, INCLUDING CATEGORIES OF USERS AND providing entitlement information to Washington, DC 20593–0001. For Coast THE PURPOSES OF SUCH USES: members or their dependents. Guard inactive duty reserve members To the Department of Treasury for the See Prefatory Statement of General and retired Coast Guard reservists purpose of disbursement of salary, Routine Uses, 3 and 5 do not apply. awaiting pay at age 60: Chief, Office of United States Savings Bonds, DISCLOSURE TO CONSUMER REPORTING Reserve Affairs, United States Coast allotments, or travel claim payments. To AGENCIES: Guard Headquarters, 2100 2nd Street, government agencies to disclose SW., Washington, DC 20593–0001. For None. earnings and tax information. To the Coast Guard Waivers and Remissions: Department of Defense and Veterans POLICIES AND PRACTICES FOR STORING, Chief, Personnel Services Division, G– Administration for determinations of RETRIEVING, ACCESSING, RETAINING, AND PMP, Office of Personnel, United States benefit eligibility for military members DISPOSING OF RECORDS IN THE SYSTEM: Coast Guard Headquarters, 2100 2nd and their dependents. To contractors to STORAGE: Street, SW., Washington, DC 20590– manage payment and collection of Computer disks, magnetic tape 0001. For records used to determine benefit claims. To the Department of microfilm, and paper forms in file legal sufficiency for garnishment of Defense for manpower and readiness folders. wages and pay records: Commanding planning. To the Comptroller General Officer, LGL, United States Coast Guard for the purpose of processing waivers RETRIEVABILITY: Human Resources Service and and remissions. To contractors for the Name or social security number. Information Center, 444 SE. Quincy purpose of system enhancement, Street, Topeka, KS 66683–3591. For data maintenance, and operations. To SAFEGUARDS: added to the decentralized data segment federal, state, and local agencies for Computers provide privacy and the commanding officer, officer-in- determination of eligibility for benefits access limitations by requiring a user charge of the unit handling the

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The backup tapes and Pike, Rockville, MD 20852. Reserve personnel on initial active duty monthly dumps also have limited access for training. in that users must justify the need NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: before they are provided the tape For all information on Coast Guard A single computer record that numbers. members other than below: United currently contains about 450 data States Coast Guard Headquarters, G-SII, RETENTION AND DISPOSAL: elements on each member. Some data 2100 2nd Street, SW., Washington, DC elements are used only for enlisted, End-of-Year system backup tapes and 20593–0001. For records used to others only for officers. The file contains day-to-day transaction tapes are retained determine legal sufficiency for personal information such as name, indefinitely. Statistical and other report garnishment of wages and pay records: place of birth, rank, location, etc. The extract tapes are recycled into the Commanding Officer, United States file also contains pay date elements system and consequently destroyed. Coast Guard Human Resources Service which will form the basis for deriving Paper working files are disposed of in and Information Center, 444 S.E. Quincy pay entitlements for Coast Guard accordance with current record disposal Street, Topeka, KS 66683–3591. For data military personnel under the Joint instructions. added to the decentralized data segment Uniform Military Pay System, JUMPS. the commanding officer, officer-in- SYSTEM MANAGER(S) AND ADDRESS: charge of the unit handling the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Commandant, G–WP, United States individual’s pay and personnel record, 5 U.S.C. 301; 14 U.S.C. 92(I), 632; 49 Coast Guard Headquarters, Director, or Chief, Administrative Services CFR 1.45, 1.46. Personnel Management Directorate, Division for individuals whose records 2100 2nd Street, SW., Washington, DC PURPOSE(S): are handled by Coast Guard 20593–0001. Headquarters. Addresses for the units Produce a number of personnel handling the individual’s pay and reports used throughout the Coast NOTIFICATION PROCEDURE: personnel record are available from the Guard. Commandant, G–SII, United States individual’s commanding officer. For all ROUTINE USES OF RECORDS MAINTAINED IN THE Coast Guard Headquarters, 2100 2nd information on NOAA members: SYSTEM, INCLUDING CATEGORIES OF USERS AND Street, SW., Washington, DC 20593– National Oceanic and Atmospheric THE PURPOSES OF SUCH USES: 0001. Administration, Commissioned See Prefatory Statement of General Personnel Division, 11400 Rockville Routine Uses, 3 through 5 do not apply. RECORD ACCESS PROCEDURES: Pike, Rockville, MD 20852. Same as ‘‘Notification procedure’’. DISCLOSURE TO CONSUMER REPORTING RECORD ACCESS PROCEDURES: AGENCIES: CONTESTING RECORD PROCEDURES: Same as ‘‘Notification procedure’’. Disclosures pursuant to 5 U.S.C. Same as ‘‘Notification procedure’’. 552a(b)(12): Disclosures may be made CONTESTING RECORD PROCEDURES: from this systems to ’consumer RECORD SOURCE CATEGORIES: Same as ‘‘Notification procedure’’. reporting agencies’ (collecting on behalf Official service record entries RECORD SOURCE CATEGORIES: of the United States Govt.) as defined in prepared by field units. Official Officer Service Records, DOT/ the Fair Credit Reporting Act (15 U.S.C. CG 626. Enlisted Personnel Record 1681a(f)) or the Federal Claims EXEMPTIONS CLAIMED FOR THE SYSTEM: System, DOT/CG 629. Official Coast Collection Act of 1982 (31 U.S.C. None. Guard Reserve Service Record, DOT/CG 3701(a)(3)). DOT/CG 625 676. Individual, Coast Guard personnel POLICIES AND PRACTICES FOR STORING, officials, National Oceanic and RETRIEVING, ACCESSING, RETAINING, AND SYSTEM NAME: Atmospheric Administration personnel DISPOSING OF RECORDS IN THE SYSTEM: officials, and the Department of Defense. Officer Selection and Appointment STORAGE: System. EXEMPTIONS CLAIMED FOR THE SYSTEM: The storage is on computer disks with SECURITY CLASSIFICATION: None. tape backups. The file is updated once a week. Once a month the file is Unclassified—sensitive. DOT/CG 624 dumped to a tape file for historical purposes. SYSTEM LOCATION: SYSTEM NAME: RETRIEVABILITY: Department of Transportation, DOT, Personnel Management Information Commander, United States Coast Guard, Name or Social Security Number or a System, PMIS. Personnel Command, 2100 2nd St., SW., combination of personal and non- Rm. 1422, Washington, DC 20593–0001. SECURITY CLASSIFICATION: personal characteristics. Unclassified—sensitive. Records are also located at Director, SAFEGUARDS: Coast Guard Recruiting Center, 4200 SYSTEM LOCATION: The computer provides privacy and Wilson Blvd., Suite 450, Arlington, VA United States Coast Guard, access limitations by requiring a user 22203 and individual recruiting offices. Commanding Officer Human Resources name and password match. In addition Use Appendix I for locations.

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CATEGORIES OF INDIVIDUALS COVERED BY THE RETENTION AND DISPOSAL: contracts, or access to classified SYSTEM: Application files for non-selected information may be withheld from Applicants for Coast Guard Officer officer candidate applicants are disclosure but only to the extent that the Candidate School or direct commission destroyed after six months and non- disclosure of such material would reveal programs of the Coast Guard. selected applicants for direct the identity of a source who furnished commission are destroyed after one information to the Government under an CATEGORIES OF RECORDS IN THE SYSTEM: year. Files for all selected applicants are express promise that the identity of the Information in the system is supplied placed in the selectee’s officer personnel source would be held in confidence, or, by applicants and also by persons, other folder. prior to December 31, 1974, under an than the applicants, who submit implied promise that the identity of the information pertinent to the suitability SYSTEM MANAGER(S) AND ADDRESS: source would be held in confidence. of the applicants for commissioned Department of Transportation , Portions of this system of records may service in the Coast Guard. Commander, U. S. Coast Guard be exempt from disclosure under the Personnel Command, 2100 2nd St., SW., provisions of 5 U.S.C. 552a(k)(7), which AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Rm. 1422, Washington, DC 20593–0001. provide, in part, that evaluation material 5 U.S.C. 301; 10 U.S.C. 591, 12201, 14 NOTIFICATION PROCEDURE: used to determine potential for U.S.C. 211–295, 632; 49 CFR 1.45, 1.46. promotion in the armed services may be Department of Transportation, United withheld from disclosure but only to the PURPOSE(S): States Coast Guard Headquarters, extent that the disclosure of such Commandant, G–SII, 2100 2nd Street, The primary purpose is to aid officials material would reveal the identity of a SW., Washington, DC 20593–0001. and employees of the Coast Guard in the source who furnished information to the performance of their duties in managing RECORD ACCESS PROCEDURES: Government under an express promise and contributing to the recruitment and Procedure may be obtained by writing that the identity of a source would be appointment of men and women for to or visiting Commandant, G–SII at the held in confidence, or, prior to officer programs in the regular and address in ‘‘Notification Procedure’’ or December 31, 1974, under an implied reserve components of the Coast Guard. to the applicable Coast Guard District promise that the identity of the source ROUTINE USES OF RECORDS MAINTAINED IN THE Office. A letter request should contain would be held in confidence. SYSTEM, INCLUDING CATEGORIES OF USERS AND full name, address, social security DOT/CG 626 THE PURPOSES OF SUCH USES: number, approximate date of The Attorney General of the United application, and signature. Proof of SYSTEM NAME: identification will consist of military States or his authorized representatives Official Officer Service Records. in connection with litigation, fraudulent identification card, driver’s license or enlistment or other matters under the other official identification. SECURITY CLASSIFICATION: jurisdiction of such agencies. Official CONTESTING RECORD PROCEDURES: Unclassified—sensitive. employees of the Veterans Same as ‘‘Record access procedures.’’ Administration and Selective Service SYSTEM LOCATION: Administration in the performance of RECORD SOURCE CATEGORIES: Commander, U.S. Coast Guard their official duties related to enlistment Coast Guard recruiting personnel and Personnel Command, 2100 2nd St., SW., and reenlistment eligibility and related employee processing application. Rm. 1422, Washington, DC 20593–0001. benefits. The Senate or the House of Medical personnel conducting physical National Personnel Records Center, Representatives of the United States or examination and private physicians 9700 Page Boulevard, St. Louis, MO any committee or subcommittee on providing consultations or patient 63112. Individual officer’s unit. matters within their jurisdiction history. Character and employer requiring disclosure of files or records of references named by applicants. CATEGORIES OF INDIVIDUALS COVERED BY THE personnel covered by this system. Educational institutions, staff and SYSTEM: See Prefatory Statement of General faculty members. Selective Service All Commissioned officers of the Routine Uses, 3 through 5 do not apply. Commission. Local state and Federal Coast Guard on active duty, permanent law enforcement agencies. Prior or or disability retired lists. Regular DISCLOSURE TO CONSUMER REPORTING current military service record. AGENCIES: officers who resign and do not accept a Commanding officer of Coast Guard Reserve commission. N/A. unit, if active duty. Coast Guard offices POLICIES AND PRACTICES FOR STORING, charged with personnel security CATEGORIES OF RECORDS IN THE SYSTEM: clearance functions. RETRIEVING, ACCESSING, RETAINING, AND General file & service record card. Other Coast Guard officials and DISPOSING OF RECORDS IN THE SYSTEM: Fitness File & Officer Summary Records. employees in the performance of their Medical File. Medical History for STORAGE: official duties and as specified by officers on the Temporary Disability Paper records are stored in file current instructions and regulations Retired List. folders. promulgated by competent authority.

RETRIEVABILITY: EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM:  The system is indexed alphabetically Portions of this system of records may 5 U.S.C. 301; 14 U.S.C. 93 , 632; 10 by name of applicant and is retrieved by be exempt from disclosure under the U.S.C. 1071–1107, 1475–1480, 14 U.S.C. name. provisions of 5 U.S.C. 552a(k)(5), which 251–295; 49 CFR 1.45, 1.46. provide, in part, that investigatory SAFEGUARDS: material compiled solely for the purpose PURPOSE(S): Records kept in file cabinets locked of determining suitability, eligibility, or Normal administrative procedures, after working hours. Buildings have 24- qualifications for Federal civilian including assignment, promotion, hour security guards and limited access. employment, military service, Federal training, special recognition, etc.

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ROUTINE USES OF RECORDS MAINTAINED IN THE Command, CGPC. Records are from disclosure under the provisions of SYSTEM, INCLUDING CATEGORIES OF USERS AND maintained in a central storage area 5 U.S.C. 552a(k)(7), which provide, in THE PURPOSES OF SUCH USES: locked behind two separate doors part, that evaluation material used to Physical Evaluation Boards. Board for during non-working hours in the determine potential for promotion in the Correction of Military Records. building, which has roving and static armed services may be withheld from Answering of Congressional and security patrols. disclosure but only to the extent that the personal inquiries initiated by the disclosure of such material would reveal individual whose record is concerned. RETENTION AND DISPOSAL: the identity of a source who furnished Preparation of forms, statements Each individual record is maintained information to the government under an compilations, and computations at Coast Guard Headquarters until three express promise that the identity of the necessary in the daily personnel months after retirement/resignation, source would be held in confidence, or, administration of each individual after which is shipped to the National prior to December 31, 1974, under an entering reentering or leaving the Coast Personnel Records Center (Military implied promise that the identity of the Guard. (Routine personnel Personnel Records), 9700 Page source would be held in confidence. administration requires copies of this Boulevard, St. Louis, MO 63132. After and other service record material to be the separation documents are received, DOT/CG 627 included in administrative files records of Reserve Officers released SYSTEM NAME: physically separated from the record; from active duty and Regular Officers however, the original of this material who resign and accept Reserve Enlisted Recruiting Selection Record will be included in the official service Commissions are sent to the United System. record maintained at Coast Guard States Coast Guard Headquarters, 2100 Headquarters). Furnishing of 2nd Street, SW., Washington, DC SECURITY CLASSIFICATION: information (authorized and specified 20593–0001. Unclassified—sensitive. by the individual concerned) normally SYSTEM MANAGER(S) AND ADDRESS: concerned with employment, SYSTEM LOCATION: Commander, U.S. Coast Guard, educational or veteran benefits, claims Commander, U. S. Coast Guard or applications. Furnishing specified Personnel Command, 2100 2nd St., SW., Rm. 1422, Washington, DC 20593–0001. Personnel Command, 2100 2nd St., SW., material in an officer’s service record Rm. 1422, Washington, DC 20593–0001. pursuant to the order of a court of NOTIFICATION PROCEDURE: Director, Coast Guard Recruiting Center, competent jurisdiction. Personnel from Commandant, G–SII, United States 4200 Wilson Blvd., Suite 450, Arlington, other Federal Agencies in the conduct of Coast Guard Headquarters, 2100 2nd VA 22203 and Coast Guard recruiting official business, as authorized by the Street, SW., Washington, DC 20593– offices. Chief, Officer Personnel Management 0001. Division or Chief, Reserve Personnel CATEGORIES OF INDIVIDUALS COVERED BY THE Management Division, or their RECORD ACCESS PROCEDURES: SYSTEM: designated representative. See Prefatory Same as ‘‘Notification procedure’’. Statement of General Routine Uses, 3 Records and correspondence through 5 do not apply. CONTESTING RECORD PROCEDURES: pertaining to prospective applicants, Same as ‘‘Notification procedure’’. applicants for regular and reserve DISCLOSURE TO CONSUMER REPORTING enlisted programs, and any other AGENCIES: RECORD SOURCE CATEGORIES: individuals who have initiated Disclosures may be made from this Personal interview and voluntary correspondence pertaining to enlistment systems to ‘‘consumer reporting submissions by individuals. Training/ in the United States Coast Guard. agencies’’ (collecting on behalf of the Educational Reports. Fitness Reports. United States Government) as defined in USCG District Offices and other CATEGORIES OF RECORDS IN THE SYSTEM: the Fair Credit Reporting Act (15 U.S.C. operating units of the Coast Guard. Records and correspondence in both 1681a(f) or the Federal Claims EXEMPTIONS CLAIMED FOR THE SYSTEM: automated and non-automated forms Collection Act of 1982 (31 U.S.C. concerning personal history, education, Portions of this system of records may 3701(a)(3)). professional qualifications, mental be exempt from disclosure under the aptitude, physical qualifications, POLICIES AND PRACTICES FOR STORING, provisions of 5 U.S.C. 552a(k)(5), which character and interview appraisals, RETRIEVING, ACCESSING, RETAINING, AND provide, in part, that investigatory National Agency Checks and DISPOSING OF RECORDS IN THE SYSTEM: material compiled solely for the purpose certifications, service performance and of determining suitability, eligibility, or STORAGE: congressional or special interests. Records are maintained on paper and qualifications for Federal civilian in digitized form. The paper records are employment, military service, Federal AUTHORITY FOR MAINTENANCE OF THE SYSTEM: contracts, or access to classified stored in files in a controlled access 5 U.S.C. 301; 10 U.S.C. 503, 504, area. The digitized records are stored on information may be withheld from disclosure, but only to the extent that 1168, 1169, 1475–1480; 14 U.S.C. 350– hard drives accessed via password by 373, 632; 49 CFR 1.45, 1.46. designated Coast Guard personnel. the disclosure of such material would reveal the identity of a source who PURPOSE(S): RETRIEVABILITY: furnished information to the Individual records are indexed and Government under an express promise The primary purpose is to serve for retrievable by name and/or last four that the identity of the source would be officials and employees of the United digits of member’s service number. held in confidence, or, prior to States Coast Guard, in the performance December 31, 1974, under an implied of their duties in managing and SAFEGUARDS: promise that the identity of the source contributing to the recruitment program During working hours physical access would be held in confidence. Portions of the Coast Guard and Coast Guard to records is controlled by the Personnel of this system of records may be exempt Reserves.

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ROUTINE USES OF RECORDS MAINTAINED IN THE CONTESTING RECORD PROCEDURES: SYSTEM LOCATION: SYSTEM, INCLUDING CATEGORIES OF USERS AND Same as ‘‘Notification procedure’’. Commander, U.S. Coast Guard, THE PURPOSES OF SUCH USES: Personnel Command, 2100 2nd St., SW., The Comptroller General or any of his RECORD SOURCE CATEGORIES: Rm. 1422, Washington, DC 20593–0001. authorized representatives, upon request, in the course of the Coast Guard recruiting personnel and CATEGORIES OF INDIVIDUALS COVERED BY THE performance of duties of the General administrative staff. Medical personnel SYSTEM: Accounting Office relating to the or private physicians providing Civilian or military personnel who management or quality of military consultations or patient history. have taken the following tests: United recruitment. Officials and employees of Character and employer references. States Navy Officer Qualification Test, other Departments and agencies of the Educational institutions, staff and OQT; United States Navy and United Executive Branch of government, upon faculty members. Selective Service States Marine Corps Aviation Selection request, in the performance of their System. Local, State, and Federal law Test (AST); United States Navy Basic official duties related to the enforcement agencies. Prior or current Test Battery, BTB (retests); the management or quality of military military service records. Members of Cooperative Tests for Advanced recruitment. Officials and employees of Congress. Other officials and employees Electronic Training, AET TESTS; the 16 the Veterans Administration and of the Coast Guard, Department of Personality Factor Test used for Selective Service System in the Defense and components thereof, in the screening of enlisted personnel for performance of their official duties performance of their duties and as recruiting duty; Professional related to enlistment and reenlistment specified by current instructions and Examination for Merchant Mariners. eligibility and related benefits. Such regulations promulgated by competent CATEGORIES OF RECORDS IN THE SYSTEM: contractors and their employees as are authority. Answer sheets, electronic files. or may be operating in accordance with an approved official contract with the EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: United States Government. See 5 U.S.C. 301; 14 U.S.C. 632; 46 U.S.C. Portions of this system of records may Prefatory Statement of General Routine 7306, 7313, 7316; 49 CFR 1.45, 1.46. Uses; 3 through 5 do not apply. be exempt from disclosure under the provisions of 5 U.S.C. 552a(k)(5), which PURPOSE(S): DISCLOSURE TO CONSUMER REPORTING provide, in part, that investigatory Provide test results if an applicant AGENCIES: material compiled solely for the purpose (military or civilian) applies for an None. of determining suitability, eligibility, or officer program or is already in the qualification of Federal civilian military and interested in a certain POLICIES AND PRACTICES FOR STORING, employment, military service, Federal training program. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: contracts, or access to classified information may be withheld from ROUTINE USES OF RECORDS MAINTAINED IN THE STORAGE: SYSTEM, INCLUDING CATEGORIES OF USERS AND disclosure but only to the extent that the THE PURPOSES OF SUCH USES: Automated records are stored on disclosure of such material would reveal See Prefatory Statement of General magnetic tape. Paper records are stored the identity of a source who furnished Routine Uses: 3 through 5 do not apply. in file folders. information to the Government under an express promise that the identity of the DISCLOSURE TO CONSUMER REPORTING RETRIEVABILITY: source would be held in confidence or, AGENCIES: Alphabetically by name of subject and prior to December 31, 1974, under an None. social security number. implied promise that the identity of the POLICIES AND PRACTICES FOR STORING, source would be held in confidence. SAFEGUARDS: RETRIEVING, ACCESSING, RETAINING, AND Portions of this system of records may Records are accessible only to DISPOSING OF RECORDS IN THE SYSTEM: be exempt from disclosure under the authorized personnel within the Coast STORAGE: Guard recruiting organization and are provisions of 5 U.S.C. 552a(k)(7), which provide, in part, that evaluation material File folders, case files, and electronic handled with security procedures media. appropriate for documents marked ‘‘For used to determine for promotion in the armed services may be withheld from Official Use Only.’’ RETRIEVABILITY: disclosure but only to the extent that the By name or electronically by social RETENTION AND DISPOSAL: disclosure of such material would reveal security number. Records are normally maintained for the identity of a source who furnished two years and then disposed of by information to the Government under an SAFEGUARDS: mutilating, shredding, or burning. express promise that the identity of a Combination-type safe, locked files. source would be held in confidence, or, Test results are given only on a need to SYSTEM MANAGER(S) AND ADDRESS: prior to December 31, 1974, under an know basis to authorized personnel. Commander, U. S. Coast Guard, implied promise that the identity of the Only custodian of safes and alternate Personnel Command, 2100 2nd St., SW., source would be held in confidence. custodian have access. Rm. 1422, Washington, DC 20593–0001. DOT/CG 628 RETENTION AND DISPOSAL: NOTIFICATION PROCEDURE: Test answer sheets are destroyed after Commandant,G–SII–2, United States SYSTEM NAME: 2 years. Card file—destroyed after 4 Coast Guard Headquarters, 2100 2nd Officer, Enlisted, and Recruiter years. Street, SW., Washington, DC 20593– Selection System File. 0001. SYSTEM MANAGER(S) AND ADDRESS: Commander, U.S. Coast Guard, SECURITY CLASSIFICATION: RECORD ACCESS PROCEDURES: Personnel Command, 2100 2nd St., SW., Same as ‘‘Notification procedure’’. Unclassified—sensitive. Rm. 1422, Washington, DC 20593–0001.

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NOTIFICATION PROCEDURE: individual’s eligibility for benefits Street, SW., Washington, DC 20593– Commandant, G–SII, United States administered by that agency, and to 0001. Coast Guard Headquarters, 2100 2nd medical facilities maintained by the RECORD ACCESS PROCEDURES: Street, SW., Washington, DC 20593– Department of Health, Education and 0001. Welfare in conjunction with medical Same as ‘‘Notification procedure’’ or treatment afforded an individual. See the local Coast Guard District or unit RECORD ACCESS PROCEDURES: Prefatory Statement of General Routine administrative officer for the area in Same as ‘‘Notification procedure.’’ Uses: 3 through 5 do not apply. which an individual’s duty station is located. CONTESTING RECORD PROCEDURES: DISCLOSURE TO CONSUMER REPORTING CONTESTING RECORD PROCEDURES: Same as ‘‘Notification procedure.’’ AGENCIES: Disclosures may be made from this Same as ‘‘Record access procedures.’’ RECORD SOURCE CATEGORIES: systems to ‘‘consumer reporting RECORD SOURCE CATEGORIES: Individuals concerned and United agencies’’ (collecting on behalf of the States Coast Guard recruiting officials. Information is obtained from the United States Government) as defined in individual, and Coast Guard Officials. United States Marine Corps officials. the Fair Credit Reporting Act (15 U.S.C. United States Navy Recruiting officials, 1681a(f) or the Federal Claims EXEMPTIONS CLAIMED FOR THE SYSTEM: United States Navy Bureau of Medicine Collection Act of 1982 (31 U.S.C. Portions of this system may be exempt Surgery officials. 3701(a)(3)). under the provisions of 5 U.S.C. EXEMPTIONS CLAIMED FOR THE SYSTEM: 552a(k)(5) and (7). POLICIES AND PRACTICES FOR STORING, Portions of this system are exempt RETRIEVING, ACCESSING, RETAINING, AND DOT/CG 630 under the provisions of 5 U.S.C. DISPOSING OF RECORDS IN THE SYSTEM: 552a(k)(5), (6), and (7). SYSTEM NAME: STORAGE: Coast Guard Family Housing. DOT/CG 629 Paper records are stored in files in a room with controlled access. Digitized SECURITY CLASSIFICATION: SYSTEM NAME: records are stored on hard drives Unclassified—sensitive. Enlisted Personnel Record System. accessed via password by designated SYSTEM LOCATION: Coast Guard personnel. SECURITY CLASSIFICATION: Commandant, G–WP, United States Unclassified—sensitive. RETRIEVABILITY: Coast Guard Headquarters, 2100 2nd Street, SW., Washington, DC 20593– SYSTEM LOCATION: Name of individual or the last three digits of individual’s social security 0001. Each Integrated Support Commander, U.S. Coast Guard number. Command and Headquarters Unit. Personnel Command, 2100 2nd St., SW., CATEGORIES OF INDIVIDUALS COVERED BY THE Rm. 1422, Washington, DC 20593–0001. SAFEGUARDS: SYSTEM: District offices and Headquarters Units. Records maintained at Coast Guard Military and civilian personnel of all Headquarters are located in a central CATEGORIES OF INDIVIDUALS COVERED BY THE pay grades who made application for storage area, locked behind two separate SYSTEM: government and/or government leased doors during non-working hours, in a All enlisted members of the Coast housing. Military personnel who make building with a roving security patrol. Guard now serving on active duty applications in locating community Records at field units are maintained in (including enlisted members of the housing. Certain government employees Government office buildings with off- Reserve on extended active duty), and occupying government housing. duty hours security. During working members who have been temporarily or Military or civilian personnel who have hours, access to records is controlled by permanently retired or discharged. corresponded with the President, a office personnel. Congressman, or the Commandant CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: concerning family housing. Enlisted contract package, record of Maintained at CGPC until three emergency, data, leave records, CATEGORIES OF RECORDS IN THE SYSTEM: months after an enlisted member is performance ratings, administrative Applicants name, pay grade, marital discharged, permanently retired for remarks, medical records. All other status, current address and dependent physical disability, or retired for years requisite Coast Guard personnel forms, information maintained for the Coast of service, after which records are and pertinent miscellaneous Guard Housing System. Includes transmitted for permanent storage to correspondence. housing survey; computer data National Personnel Records Center, summaries are maintained for the family AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (Military Personnel Records), GSA, 9700 housing survey. Copies of 5 U.S.C. 301; 10 U.S.C. 1071–1107, Page Boulevard, St. Louis, MO. 63132. correspondence from individual to the 12201, 14 U.S.C. 350–373, 632; 49 CFR In the case of members transferred to the President, a Congressman or the 1.45, 1.46. Reserve, their records are sent to Commandant, inquiry sheets, and Commandant (G-WT) after separation replies maintained for Congressional PURPOSE(S): documents are received. correspondence files. Normal administrative procedures, including assignment, promotion, SYSTEM MANAGER(S) AND ADDRESS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: training, special recognition, etc. Commander, U.S. Coast Guard, 5 U.S.C. 301; 14 U.S.C. 475, 620, 632, Personnel Command, 2100 2nd St., SW., 681, 687; 49 CFR 1.45, 1.46. ROUTINE USES OF RECORDS MAINTAINED IN THE Rm. 1422, Washington, DC 20593–0001. SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSE(S): THE PURPOSES OF SUCH USES: NOTIFICATION PROCEDURE: Placing the applicant in government Data are provided to the Veterans Commandant, G–SII, United States owned or leased housing or community Administration for determination of an Coast Guard Headquarters, 2100 2nd housing.

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ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM LOCATION: RETRIEVABILITY: SYSTEM, INCLUDING CATEGORIES OF USERS AND Commandant, G–WP, U.S. Coast Name, social security number, types THE PURPOSES OF SUCH USES: Guard Headquarters, 2100 2nd St. SW., of incidents, etc. Assessing housing needs of District Washington, DC 20593–0001. District, and Headquarters Units. Answering Maintenance and Logistics Command, SAFEGUARDS: inquiries from individuals, MLC, or Headquarters Unit Social Maintained in various kinds of locked Congressmen or the Commandant Worker’s office, at the duty station of filing equipment in specified monitored concerning family housing. Preparing the sponsor, and at selected medical or controlled access rooms or areas. Budgets. See Prefatory Statement of facilities. District, MLC, or Headquarters Records are accessible only to General Routine Uses. Unit Family Advocacy Representative, authorized personnel. Computer FAR under whose jurisdiction an terminals are located in supervised DISCLOSURE TO CONSUMER REPORTING areas, with access controlled by AGENCIES: incident occurred. password or other user code system. None. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: RETENTION AND DISPOSAL: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND Active duty, reserve and retired Records will be maintained at a DISPOSING OF RECORDS IN THE SYSTEM: personnel and dependents entitled to decentralized location until the case is care at Coast Guard or any other military closed or the sponsor is separated. Upon STORAGE: medical and dental facility whose abuse case closure or separation of the File Folder. or neglect is brought to the attention of sponsor, the record will be transferred RETRIEVABILITY: appropriate authorities, and persons to Commandant, G–WPW. The record Name of individual, Coast Guard suspected of abusing or neglecting such will be retained for 5 years from case command, and date received. beneficiaries. closure or date of last action. At the end of 5 years the record will be destroyed, CATEGORIES OF RECORDS IN THE SYSTEM: SAFEGUARDS: except for information concerning Maintained in locked file cabinets and Medical records of suspected and certain minor Coast Guard dependents desk file drawers. confirmed cases of family member abuse who were victims or suspected victims or neglect, investigative reports, of child abuse, neglect or sexual abuse RETENTION AND DISPOSAL: correspondence, family advocacy will be retained until the dependent Maintained until applicant is placed committee reports, follow up and attains majority. in housing, then destroyed. Records evaluation reports, and any other concerning Congressional supportive data assembled relevant to SYSTEM MANAGER(S) AND ADDRESS: correspondence are maintained individual family advocacy program Commandant, G–WP, Director, indefinitely. files. Personnel Management Directorate, United States Coast Guard SYSTEM MANAGER(S) AND ADDRESS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Headquarters, 2100 2nd Street, SW., 5 U.S.C. 301; 14 U.S.C. 632, 42 U.S.C. Commandant, G–WP, Director, Washington, DC 20593–0001. Personnel Management Directorate, 5101, 5102; 49 CFR 1.45, 1.46. United States Coast Guard NOTIFICATION PROCEDURE: PURPOSE(S): Headquarters, 2100 2nd Street, SW., Commandant, G–SII, United States Washington, DC 20593–0001. Coordination of the Coast Guard’s Family Advocacy program. Coast Guard Headquarters, 2100 2nd NOTIFICATION PROCEDURE: Street, SW., Washington, DC 20593– ROUTINE USES OF RECORDS MAINTAINED IN THE 0001. MLC, district, or unit where the Commandant, G–SII, United States SYSTEM, INCLUDING CATEGORIES OF USERS AND individual is assigned. Coast Guard Headquarters, 2100 2nd THE PURPOSES OF SUCH USES: Street, SW., Washington, DC 20593– To Federal, State and Local RECORD ACCESS PROCEDURES: 0001. government or private agencies for Same as ‘‘Notification procedure.’’ coordination of family advocacy RECORD ACCESS PROCEDURES: CONTESTING RECORD PROCEDURES: programs, medical care, mental health Same as ‘‘Notification procedure’’ or Same as ‘‘Notification procedure.’’ the local Coast Guard District Office. treatment, civil or criminal law enforcement, and research into the RECORD SOURCE CATEGORIES: CONTESTING RECORD PROCEDURES: causes and prevention of family Reports from medical personnel, Same as ‘‘Record access procedures.’’ domestic violence. To individuals or educational institutions, law organizations providing family support RECORD SOURCE CATEGORIES: enforcement agencies, public and program care under contract to the Applicant, individuals who complete private health and welfare agencies, Federal Government. See Prefatory Coast Guard personnel and private family housing survey forms, initiate Statement of General Routine Uses. correspondence concerning family individuals. DISCLOSURE TO CONSUMER REPORTING housing, and Coast Guard Officials. EXEMPTIONS CLAIMED FOR THE SYSTEM: AGENCIES: EXEMPTIONS CLAIMED FOR THE SYSTEM: None. Part of this system may be exempt None. under 5 U.S.C. 552a(k)(2) and (5). POLICIES AND PRACTICES FOR STORING, DOT/CG 631 RETRIEVING, ACCESSING, RETAINING, AND DOT/CG 632 DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM NAME: SYSTEM NAME: STORAGE: Family Advocacy Case Record Uniformed Services Identification and System. File folders, microfilm, magnetic tape, Privilege Card Record System. punched cards, machine lists, discs, and SECURITY CLASSIFICATION: other computerized or machine readable SECURITY CLASSIFICATION: Unclassified—sensitive. media. Unclassified—sensitive.

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SYSTEM LOCATION: NOTIFICATION PROCEDURE: SAFEGUARDS: Commandant, G–WP, United States Commandant, G–SII, United States Kept in locked cabinets and safes. Coast Guard Headquarters, 2100 2nd Coast Guard Headquarters, 2100 2nd Individual identification is required for Street, SW., Washington, DC 20593– Street, SW., Washington, DC 20593– users of records. 0001. 0001. RETENTION AND DISPOSAL: CATEGORIES OF INDIVIDUALS COVERED BY THE RECORD ACCESS PROCEDURES: Upon termination of employment SYSTEM: Same as ‘‘Notification procedure.’’ investigative files for civilians, which Dependents of United States Coast serve as a basis for security clearances, CONTESTING RECORD PROCEDURES: Guard personnel (active, retired, reserve are returned to the Office of Personnel and deceased). Former Coast Guard Same as ‘‘Notification procedure.’’ Management. A name record of type of personnel who have been rated by the RECORD SOURCE CATEGORIES: investigation is kept for 5 years and then Veterans Administration as one- Sponsor and/or dependents. destroyed by burning. hundred percent disabled and their eligible dependents. EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: None. Director, Personnel Management CATEGORIES OF RECORDS IN THE SYSTEM: Directorate, G–WP, United States Coast Applications for Uniformed Service DOT/CG 633 Guard Headquarters, 2100 2nd Street, Identification and Privilege Card, DD– SYSTEM NAME: SW., Washington, DC 20593–0001. 1172. Verification for eligibility to Coast Guard Civilian Personnel NOTIFICATION PROCEDURE: possess the Identification and Privilege Security Program. Card, DD–1173. Pertinent miscellaneous Commandant, G–SII, United States correspondence. SECURITY CLASSIFICATION: Coast Guard, Headquarters, 2100 2nd Street, SW., Washington, DC 20593– Unclassified—sensitive. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 0001. 5 U.S.C. 301; 14 U.S.C. 632, 49 CFR SYSTEM LOCATION: RECORD ACCESS PROCEDURES: 1.45, 1.46; E.O. 9397; COMDTINST Commandant, G–WP, United States 5512.1. Coast Guard Headquarters, 2100 2nd Same as ‘‘Notification procedure’’ or Street, SW., Washington, DC 20593– the local office or unit. PURPOSE(S): 0001. Each District Office and CONTESTING RECORD PROCEDURES: Verify that an applicant is entitled to Headquarters Unit. be issued an Identification and Privilege Same as ‘‘Record access procedures.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE Card. RECORD SOURCE CATEGORIES: SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE Coast Guard Civilian Personnel. Civil Service Investigative Reports, SYSTEM, INCLUDING CATEGORIES OF USERS AND Applicants for civilian positions. Personnel Security Clearance requests THE PURPOSES OF SUCH USES: and forms SF–85, SF–86 and SF–171. Verification provided to other Armed CATEGORIES OF RECORDS IN THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: Forces authorized personnel as Records of civilian security clearance required. See Prefatory Statement of granted. Correspondence and requests Portions of this system of records may General Routine Uses. concerning civilian personnel security be exempt from disclosure under the actions. provisions of 5 U.S.C. 552a(k)(5) and (7). DISCLOSURE TO CONSUMER REPORTING AGENCIES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DOT/CG 634 None. 5 U.S.C. 301, 5102, 14 U.S.C. 632; 49 SYSTEM NAME: CFR 1.45, 1.46. POLICIES AND PRACTICES FOR STORING, Child Care Program Record System. RETRIEVING, ACCESSING, RETAINING, AND PURPOSE(S): SECURITY CLASSIFICATION: DISPOSING OF RECORDS IN THE SYSTEM: Determine eligibility for access to Unclassified—sensitive. STORAGE: classified information under Executive Maintained in file folders. Order 11652. SYSTEM LOCATION: ROUTINE USES OF RECORDS MAINTAINED IN THE At the facility where the care was RETRIEVABILITY: SYSTEM, INCLUDING CATEGORIES OF USERS AND provided or is being provided. Alphabetical by name. THE PURPOSES OF SUCH USES: CATEGORIES OF INDIVIDUALS COVERED BY SAFEGUARDS: Suitability for sensitive positions. See SYSTEM: Prefatory Statement of General Routine Maintained in file cabinets. During Children enrolled in a U.S. Coast Uses; 3 through 5 do not apply. working hours access to records is Guard child care program. Children controlled by office personnel. During DISCLOSURE TO CONSUMER REPORTING being cared for in U.S. Coast Guard non-working hours building is patrolled AGENCIES: family quarters. Eligible children of by roving security guards. None. active duty members of the Uniformed Services and children of Federal RETENTION AND DISPOSAL: POLICIES AND PRACTICES FOR STORING, employees. Retained for 10 years, then destroyed. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM MANAGER S AND ADDRESS ( ) : STORAGE: Information about the family; medical Director, Personnel Management File folder—3x5 Index cards. history of child; authorization for Directorate, G–WP, United States Coast emergency medical care; permission for Guard Headquarters, 2100 2nd Street, RETRIEVABILITY: field trips; authorization to release child SW., Washington, DC 20593–0001. By name of individual. to someone other than parent;

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SAFEGUARDS: Case files containing complaint RECORD SOURCE CATEGORIES: concerning alleged personal Files are maintained in a secured Complainants, their legal indebtedness, complaints arising out of filing cabinet. Access is regularly representatives, and Coast Guard domestic relations disputes, claims of limited to authorized center staff. Files officials. for child care in U.S. Coast Guard family alleged paternity. Files contain quarters are maintained in a cabinet or correspondence including investigative EXEMPTIONS CLAIMED FOR THE SYSTEM: drawer in the quarters. steps, response to complaints and None. follow up correspondence on recurring RETENTION AND DISPOSAL: complaints. Index card files contain DOT/CG 637 Child’s record file is destroyed 3 years summary of material contained in case SYSTEM NAME: after date of last action. Registration/ file for each reference. medical forms may be sent to another Appointment of Trustee or Guardian facility if child transfers. CCFP AUTHORITY FOR MAINTENANCE OF THE SYSTEM: for Mentally Incompetent Personnel. eligibility records are transferred to an 5 U.S.C. 301; 10 U.S.C. 1058; 14 SECURITY CLASSIFICATION: audit file at the end of each year where U.S.C. 632; 42 U.S.C. 666; 49 CFR 1.45, they are not retrieved by child’s name. 1.46. Unclassified—sensitive. Audit records are destroyed after 3 years PURPOSE(S): SYSTEM LOCATION: or after audited, whichever is sooner. Resolve complaints in an expeditious Commandant, G–WP, United States SYSTEM MANAGER(S) AND ADDRESS: manner. Coast Guard Headquarters, 2100 2nd Director, Personnel Management Street, SW., Washington, DC 20593– Directorate, G–WP, United States Coast ROUTINE USES OF RECORDS MAINTAINED IN THE 0001. Each District and Headquarters SYSTEM, INCLUDING CATEGORIES OF USERS AND Guard Headquarters, Washington, DC Unit. THE PURPOSES OF SUCH USES: 20593–0001. For reference in development of CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURE: future policy. See Prefatory Statement of SYSTEM: Commandant, G–SII, United States General Routine Uses; 3 through 5 do Active duty and retired Coast Guard Coast Guard Headquarters, 2100 2nd not apply. military personnel.

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CATEGORIES OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: password access limited to Alcohol Information relating to the mental Coast Guard officials, legal Program Managers. incompetency of certain Coast Guard representatives of individuals and/or RETENTION AND DISPOSAL: personnel. Records used to assist Coast individuals concerned and Guard Officials in appointing trustees complainants. Destroyed three years after last for mentally incompetent Coast Guard activity. EXEMPTIONS CLAIMED FOR THE SYSTEM: persons. SYSTEM MANAGER(S) AND ADDRESS: None. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Commandant, G–WK, United States Coast Guard Headquarters, 2100 2nd 5 U.S.C. 301; 10 U.S.C. 1443, 1448, DOT/CG 638 Street, SW., Washington, DC 20593– 1449; 14 U.S.C. 632; 37 U.S.C. 601–604; SYSTEM NAME: 0001–0001. 33 CFR 49.05; 49 CFR 1.45, 1.46. U.S.C.G Alcohol Abuse Prevention NOTIFICATION PROCEDURE: PURPOSE(S): Program Record System. Same as ‘‘System location’’. Maintain information to determine SECURITY CLASSIFICATION: eligibility for VA benefits. RECORD ACCESS PROCEDURES: Unclassified—sensitive. Same as ‘‘System location’’. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM LOCATION: SYSTEM, INCLUDING CATEGORIES OF USERS AND CONTESTING RECORD PROCEDURES: Commander, Atlantic Area, United THE PURPOSES OF SUCH USES: Same as ‘‘System location’’. Information to prospective States Coast Guard, 431 Crawford Street, appointees, including but not limited to Portsmouth, VA 23704. Commander, RECORD SOURCE CATEGORIES: relatives, lawyers, physicians or other Pacific Area, United States Coast Guard, Personnel records. Medical records. designated representatives; and Coast Guard Island, Alameda, CA Security records. Treatment facility Department of Veterans Affairs upon 94501–5100. reports. Post treatment aftercare reports. request for the determination of CATEGORIES OF INDIVIDUALS COVERED BY THE EXEMPTIONS CLAIMED FOR THE SYSTEM: eligibility for benefits administered by SYSTEM: None. that agency. See Prefatory Statement of Active duty Coast Guard personnel General Routine Uses; 3 through 5 do receiving alcohol rehabilitation DOT/CG 639 not apply. treatment. SYSTEM NAME: DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF RECORDS IN THE SYSTEM: Request for Remission of AGENCIES: Indebtedness. None. Name, Social Security Number, Prior Service, Rate/Rank, Date of Birth, SECURITY CLASSIFICATION: POLICIES AND PRACTICES FOR STORING, History of Alcohol Abuse, Treatment Unclassified—sensitive. RETRIEVING, ACCESSING, RETAINING, AND Center, Dates of Treatment, Notes on DISPOSING OF RECORDS IN THE SYSTEM: Aftercare, and Final Disposition and SYSTEM LOCATION: STORAGE: Type. Commandant, G–WP, United States Locked file cabinet. Coast Guard Headquarters, 2100 2nd AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Street, SW., Washington, DC 20593– RETRIEVABILITY: 5 U.S.C. 301; 5 U.S.C. 7901; 14 U.S.C. 0001. Each District and Headquarters Alphabetical listing. 632; 42 U.S.C. 4541; 49 CFR 1.45, 1.46; Unit. COMDTINST M6330.1. SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Stored in locked file cabinets. Access PURPOSE(S): restricted to representatives of Administer the Coast Guard Alcohol Active Duty Enlisted Coast Guard incompetent. Abuse Prevention program. Personnel. CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: ROUTINE USES OF RECORDS MAINTAINED IN THE Maintained for 5 years after action is SYSTEM, INCLUDING CATEGORIES OF USERS AND Correspondence, requests with THE PURPOSES OF SUCH USES: complete then destroyed. endorsements, research material, See Prefatory Statement of General paneling action, Commandant’s SYSTEM MANAGER(S) AND ADDRESS: Routine Uses; 3 through 5 do not apply. decisions. Director, Personnel Management AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Directorate, G–WP, United States Coast DISCLOSURE TO CONSUMER REPORTING AGENCIES: 5 U.S.C. 301; 14 U.S.C. 461, 632; 49 Guard Headquarters, 2100 2nd Street, CFR 1.45, 1.46. SW., Washington, DC 20593–0001. None. PURPOSE(S): NOTIFICATION PROCEDURE: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND Aid in making determinations based Commandant, G–SII, United States DISPOSING OF RECORDS IN THE SYSTEM: on the best interests of the individual Coast Guard Headquarters, 2100 2nd and the Government. Street, SW., Washington, DC 20593– STORAGE: 0001. Maintained on file cards (3″ × 5″) and/ ROUTINE USES OF RECORDS MAINTAINED IN THE or a computer data base. SYSTEM, INCLUDING CATEGORIES OF USERS AND RECORD ACCESS PROCEDURES: THE PURPOSES OF SUCH USES: Same as ‘‘Notification procedure’’ or RETRIEVABILITY: See Prefatory Statement of General the local Coast Guard District office or By the name of the individual. Routine Uses: 3 through 5 do not apply. unit having custody of the records. SAFEGUARDS: DISCLOSURE TO CONSUMER REPORTING CONTESTING RECORD PROCEDURES: Maintained in locked filing cabinets. AGENCIES: Same as ‘‘Record access procedures.’’ The computer database is protected by None.

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POLICIES AND PRACTICES FOR STORING, PURPOSE(S): CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVING, ACCESSING, RETAINING, AND Determine suitability for off duty SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: employment for Coast Guard members. Active duty and retired Coast Guard STORAGE: personnel and their dependents who ROUTINE USES OF RECORDS MAINTAINED IN THE have diagnosed medical, physical, Locked filing cabinets. SYSTEM, INCLUDING CATEGORIES OF USERS AND psychological, or educational need THE PURPOSES OF SUCH USES: RETRIEVABILITY: which constitutes a developmental See Prefatory Statement of General Alphabetical listing. disability or handicapped condition. Routine Uses; 3 through 5 do not apply. Active duty Coast Guard personnel and SAFEGUARDS: DISCLOSURE TO CONSUMER REPORTING their dependents considered for Locked filing cabinets. AGENCIES: overseas assignment.

RETENTION AND DISPOSAL: None. CATEGORIES OF RECORDS IN THE SYSTEM: Retained for 5 years after decision is POLICIES AND PRACTICES FOR STORING, Extracts or copies of medical, made, then destroyed. RETRIEVING, ACCESSING, RETAINING, AND educational and psychological records DISPOSING OF RECORDS IN THE SYSTEM: of member and/or dependents with SYSTEM MANAGER(S) AND ADDRESS: STORAGE: special needs, follow-up and evaluation Director, Personnel Management Locked filing cabinets. reports, and any other data relevant to Directorate, G–WP, United States Coast individual special needs program files Guard Headquarters, 2100 2nd Street, RETRIEVABILITY: or overseas screening. SW., Washington, DC 20593–0001. Alphabetical listing. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: NOTIFICATION PROCEDURE: SAFEGUARDS: 5 U.S.C. 301; 14 U.S.C. 335, 632; 49 Commandant, G–SII, United States Kept in locked filing cabinet. Access CFR 1.45, 1.46; COMDTINST 1754.7A. Coast Guard Headquarters, 2100 2nd restricted to individuals who request Street, SW., Washington, DC 20593– outside employment, and authorized PURPOSE(S): 0001. Coast Guard officials. Proper Provide for Federal Government identification required. agency coordination of special needs RECORD ACCESS PROCEDURES: programs, medical care, mental health Same as ‘‘Notification procedure’’, or RETENTION AND DISPOSAL: treatment, and monitoring and tracking the local Coast Guard District or unit for Retained indefinitely. special needs families. the area in which an individual’s duty station is located. SYSTEM MANAGER(S) AND ADDRESS: ROUTINE USE OF RECORDS MAINTAINED IN THE Director, Personnel Management SYSTEM, INCLUDING CATEGORIES OF USERS AND CONTESTING RECORD PROCEDURES: Directorate (G–WP), United States Coast THE PURPOSES OF SUCH USES: Same as ‘‘Record access procedures.’’ Guard Headquarters, 2100 2nd Street, See Prefatory Statement of General SW., Washington, DC 20593–0001. Routine Uses. RECORD SOURCE CATEGORIES: Individual, and Coast Guard Officials. RECORD ACCESS PROCEDURES: DISCLOSURE TO CONSUMER REPORTING Same as ‘‘Notification procedure’’ or AGENCIES: EXEMPTIONS CLAIMED FOR THE SYSTEM: the local Coast Guard District Office or None. None. unit for the area in which an POLICIES AND PRACTICES FOR STORING, DOT/CG 640 individual’s duty station is located. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM NAME: CONTESTING RECORD PROCEDURES: STORAGE: Outside Employment of Active Duty Same as ‘‘Record access procedures. Coast Guard Personnel. File folder, microfilm, magnetic tape, RECORD SOURCE CATEGORIES: punched cards, machine lists, discs, and SECURITY CLASSIFICATION: Individual, and Coast Guard officials. other computerized or machine readable Unclassified—sensitive. EXEMPTIONS CLAIMED FOR THE SYSTEM: media.

SYSTEM LOCATION: None. RETRIEVABILITY: Commandant (G–WP), United States DOT/CG 641 Name, social security number and the Coast Guard Headquarters, 2100 2nd diagnosis or International Classification Street, SW., Washington, DC 20593– SYSTEM NAME: of Diseases, ICD, code of the special 0001. Each District Office and Coast Guard Special Needs Program. needs condition. Headquarters Unit. SECURITY CLASSIFICATION: SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE Unclassified—sensitive. Various kinds of locked filing SYSTEM: equipment in specified monitored or SYSTEM LOCATION: Active Duty and Reserve Coast Guard controlled access rooms or areas. Personnel. Commandant, G–WP, United States Records are accessible only to Coast Guard Headquarters, 2100 2nd authorized personnel. Computer CATEGORIES OF RECORDS IN THE SYSTEM: Street, SW., Washington, DC 20593– terminals are located in supervised Correspondence relating to 0001. District, Maintenance and areas, with access controlled by individual’s request for part time Logistics Command (MLC), or password or other user code system. employment. Headquarters Unit Social Worker’s Office, Headquarters Unit Family RETENTION AND DISPOSAL: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Advocacy Representative, FAR, at the Maintained at a decentralized location 5 U.S.C. 301; 14 U.S.C. 92(I), 632; 49 duty station of the sponsor, and at until the sponsor is separated or the CFR 1.45, 1.46; COMDTINST 1000.6A selected medical facilities. dependent is no longer diagnosed as

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Within the JMIE Support to a ‘‘specific name’’ query, will be kept System, contraband is meant to refer to in an audit record and retained for a SYSTEM MANAGER(S) AND ADDRESS: any item that is illegally imported/ minimum of five (5) years or the life of Chief, Office of Personnel and exported to/from the United States via the system, whichever is longer. Training, G–WP, United States Coast maritime activity. Guard, Washington, DC 20593–0001. RETRIEVABILITY: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Matching individual name, Social NOTIFICATION PROCEDURE: United States Coast Guard, 14 U.S.C. Security Number, passport number, or Commandant, G–SII, United States 89. United States Customs Service, 19 the individual’s relationship to the Coast Guard, Washington, DC 20593– U.S.C. 1589A(2). Drug Enforcement vessel (e.g., owner, shipper, consignee, 0001. MLC, district, or unit where the Administration, 21 U.S.C. 800—900. crew member, passenger, etc.). Controls individual is assigned. Immigration and Naturalization Service, have been installed to ensure 8 U.S.C. 1551. RECORD ACCESS PROCEDURES: information on individuals is not Same as ‘‘Notification procedure’’. PURPOSE(S): retrievable or accessed by members of Maintaining suspect lists, enforcing the intelligence community. CONTESTING RECORD PROCEDURES: United States laws dealing with items SAFEGUARDS: Same as ‘‘Notification procedure’’. such as counter narcotics, fisheries, and JMIE has its own approved System boating safety. RECORD SOURCE CATEGORIES: Security Plan. Medical personnel, mental health and ROUTINE USES OF RECORDS MAINTAINED IN THE RETENTION AND DISPOSAL: educational institutions, public and SYSTEM, INCLUDING CATEGORIES OF USERS AND private health and welfare agencies and THE PURPOSES OF SUCH USES: Records relating to ship Coast Guard personnel and private Ship location and associated characteristics are retained indefinitely. individuals. information such as declared cargo, Records of a transitory nature (relative ownership, crew members, passengers, to ship locations, and individuals EXEMPTIONS CLAIMED FOR THE SYSTEM: reported historical profiles relating to identified as passengers or crew, etc.) None. travel, cargo and ports of call may be are maintained on line for a minimum reported to federal, state, and/or local of two (2) years, then purged per DOT/CG 642 law enforcement officials for purposes General Records Schedule 23. Audit SYSTEM NAME: of intercepting ships and inspecting records, maintained to document JSS Joint Maritime Information Element, cargo and ship structures. See Prefatory user access to information relating to JMIE, Support System, JSS. Statement of General Routine Uses. specific individuals, are maintained for five (5) years, or the life of the system, DISCLOSURE TO CONSUMER REPORTING SECURITY CLASSIFICATION: whichever is longer. Access to audit AGENCIES: Classified. records will only be granted to None. authorized personnel approved by the SYSTEM LOCATION: POLICIES AND PRACTICES FOR STORING, Executive Agent. Information retrieved United States Coast Guard, Operations RETRIEVING, ACCESSING, RETAINING, AND from the host and stored at user sites Systems Center, Martinsburg, WV DISPOSING OF RECORDS IN THE SYSTEM: will be disposed of in accordance with 25401. STORAGE: the requirements for classified and sensitive information. CATEGORIES OF INDIVIDUALS COVERED BY THE Storage of all records is in an ADP SYSTEM: database operated and maintained by SYSTEM MANAGER AND ADDRESS: Individuals with established the United States Coast Guard. Privacy Chief, Office of Law Enforcement and relationship(s)/association(s) to Act data are stored and controlled Defense Operations, United States Coast maritime vessels that are included in separately from other information in the Guard, 2100 Second Street, SW., the Joint Maritime Information Element, database. Classified and non-classified Washington, DC 20593–0001 ATTN: JMIE, Support System, JSS: Ship information from consortium members JMIE Program Manager. owners, passengers and crew. and other sources is merged into a classified database. Dynamic NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: information on vessel location and Commanding Officer, United States Maritime vessels and vessel movements is obtained daily and stored Coast Guard Operations Systems Center, characteristics including: Performance on-line (disk resident) for a period of Martinsburg, WV 25401. data, vessel identification data, two (2) years. Other information such as registration data, movements, reported characteristics, identification status and RECORD ACCESS PROCEDURE: locations, activity and associate associate records is updated at Same as ‘‘Notification procedure’’. information (data pertaining to people prescribed intervals of three (3) months or organizations associated with vessels) to one year to remain current and is CONTESTING RECORD PROCEDURES: for owners, passengers, and crew retained indefinitely. Classified Same as record access procedure. members. Reports submitted by Coast information, downloaded from the host Guard crews relating to boardings and/ and then extracted from the PC RECORD SOURCE CATEGORIES: or overflights, as well as any violations workstations and recorded on paper (or Federal, State and local law of United States law, along with magnetic media), may be stored at user enforcement agencies, other Federal enforcement actions taken during sites in classified storage containers or agencies.

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EXEMPTIONS CLAIMED FOR THE SYSTEM: NOTIFICATION PROCEDURE: ROUTINE USES OF RECORDS MAINTAINED IN THE Under subsections (j)(2) and (k)(1) and Commandant, G–SII, United States SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: (2) of the Privacy Act (5 U.S.C. 552a), Coast Guard Headquarters, 2100 2nd portions of this system of records are Street, SW., Washington, DC 20593– Screening of service records for exempt. 0001. advancement, promotion, or retention of individual Reservists by various DOT/CG 671 RECORD ACCESS PROCEDURES: Reserve. Furnishing of information (authorized and specified by the SYSTEM NAME: Same as ‘‘Notification procedure.’’ individual concerned) to other agencies Biographical Statement. CONTESTING RECORD PROCEDURES: or individuals (specified by the individual concerned) normally SECURITY CLASSIFICATION: Same as ‘‘Notification procedure.’’ concerned with employment, Unclassified—sensitive. RECORD SOURCE CATEGORIES: educational or Veteran’s benefits, claims, or applications. Furnishing SYSTEM LOCATION: Individual named in file. Commandant, G–CP, United States specified material in a Reservist’s Coast Guard Headquarters, 2100 2nd EXEMPTIONS CLAIMED FOR THE SYSTEM: service record pursuant to the order of a court of competent jurisdiction. See Street, SW., Washington, DC 20593– None. 0001. Prefatory Statement of General Routine DOT/CG 676 Uses. CATEGORIES OF INDIVIDUALS COVERED BY THE DISCLOSURE TO CONSUMER REPORTING SYSTEM: SYSTEM NAME: AGENCIES: Key DOT officials, USCG flag officers. Official Coast Guard Reserve Service Disclosures may be made from this Record. CATEGORIES OF RECORDS IN THE SYSTEM: systems to ‘‘consumer reporting Individual biographical data. SECURITY CLASSIFICATION: agencies’’ (collecting on behalf of the United States govt.) as defined in the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Unclassified—sensitive. Fair Credit Reporting Act (15 (U.S.C. 5 U.S.C. 301, 302; 14 U.S.C. 632; 49 SYSTEM LOCATION: 1681a(f)) or the Federal Claims CFR 1.45, 1.46. Collecting Act of 1982 (31 U.S.C. United States Coast Guard, CG, 3701(a)(3)). PURPOSE(S): Commandant, G–WT, 2100 2nd Street, SW., Washington, DC 20593–0001. Each POLICIES AND PRACTICES FOR STORING, For Public Affairs Staff to use as RETRIEVING, ACCESSING, RETAINING, AND records for publicity. Coast Guard District Reserve office (for District records). For official records on DISPOSING OF RECORDS IN THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE discharged, retired, and separated STORAGE: SYSTEM, INCLUDING CATEGORIES OF USERS AND former members: General Services Records maintained on paper THE PURPOSES OF SUCH USES: Administration (GSA), National assembled and filed in one official Personnel Office—uses records for Personnel Records Center (Military service record per member. promotion. See Prefatory Statement of Personnel Records), 9700 Page General Routine Uses. Boulevard, St. Louis, MO 63132. RETRIEVABILITY: Name and/or triple terminal digit of DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF INDIVIDUALS COVERED BY THE member’s service number. AGENCIES: SYSTEM: SAFEGUARDS: None. Reserve officer and enlisted personnel (not on extended active duty) in an Service records are maintained in a POLICIES AND PRACTICES FOR STORING, active, inactive, retired, discharged, central storage area locked behind two RETRIEVING, ACCESSING, RETAINING, AND separate doors. During non-working DISPOSING OF RECORDS IN THE SYSTEM: separated or former member status; including those Reservists released from hours the building security consists of STORAGE: extended active duty to fulfill a roving and static security patrols. Paper forms and correspondence are specified term of obligated inactive During working hours physical access to stored in filing cabinets. reserve service. Enrolled and records is controlled by Records control disenrolled members of the Temporary Branch personnel. RETRIEVABILITY: Coast Guard Reserve. By name. RETENTION AND DISPOSAL: CATEGORIES OF RECORDS IN THE SYSTEM: Individual records are maintained at SAFEGUARDS: CG Headquarters until six months after Stored in building having roving Official career history of each an enlisted member’s separation from security guards during non-working Reservist. the service (three months for officers), hours. Personnel are screened prior to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: after which it is transmitted for granting access. permanent storage to the Military 5 U.S.C. 301; 10 U.S.C. 1209, 10147, Personnel Record Center, MPRC, RETENTION AND DISPOSAL: 12102, 12735, 14 U.S.C. 251–295, 632; National Personnel Records Center, Transferred to historical file upon 49 CFR 1.45, 1.46. NPRC, 9700 Page Boulevard, St. Louis, termination of active duty. PURPOSE(S): MO 63132. For retired members, the service record is shipped to NPRC upon SYSTEM MANAGER(S) AND ADDRESS: Ensure fulfillment of normal retirement. Commandant, G–CP, United States administrative personnel procedures, Coast Guard Headquarters, 2100 2nd including examining and screening for SYSTEM MANAGER(S) AND ADDRESS: Street, SW., Washington, DC 20593– completeness and accuracy of records Commandant, G–WT, Director, 0001. correspondence. Reserve and Training Directorate,

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United States Coast Guard special active duty for training or EXEMPTIONS CLAIMED FOR THE SYSTEM: Headquarters, 2100 2nd Street, SW., extended active duty and mobilization None. Washington, DC 20593–0001. billets. DOT/CG 678 NOTIFICATION PROCEDURE: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM NAME: Commandant, G–SII, United States SYSTEM, INCLUDING CATEGORIES OF USERS AND Coast Guard Headquarters, 2100 2nd THE PURPOSES OF SUCH USES: Reserve Personnel Management Street, SW, Washington, DC 20593– See Prefatory Statement of General Information System, Automated. Routine Uses. 0001. SECURITY CLASSIFICATION: RECORD ACCESS PROCEDURES: DISCLOSURE TO CONSUMER REPORTING Unclassified—sensitive. AGENCIES: Same as ‘‘Notification procedure’’, or SYSTEM LOCATION: the District Office in which an None. Commandant, G–WT, Director, individual’s duty station is located. POLICIES AND PRACTICES FOR STORING, Reserve and Training Directorate, RETRIEVING, ACCESSING, RETAINING, AND CONTESTING RECORD PROCEDURES: DISPOSING OF RECORDS IN THE SYSTEM: United States Coast Guard Same as ‘‘Record Access Procedures.’’ Headquarters, 2100 2nd Street, SW., STORAGE: Washington, DC 20593–0001. RECORD SOURCE CATEGORIES: Records maintained on paper, The individual concerned, CG punched cards and magnetic tape. CATEGORIES OF INDIVIDUALS COVERED BY THE Headquarters, District offices, and other SYSTEM: RETRIEVABILITY: CG units. Reserve officers and enlisted Name and/or social security account personnel in an active or inactive status, EXEMPTIONS CLAIMED FOR THE SYSTEM: number. including retired reservist, and those Portions of this system of records may SAFEGUARDS: reservists released from extended active be exempt from disclosure under the duty to fulfill a specific term of inactive Safeguards and controls afforded this provisions of 5 U.S.C 552a(k)(5), and (6). obligated service. system of records are similar to those DOT/CG 677 normally employed ‘‘For Official Use CATEGORIES OF RECORDS IN THE SYSTEM: Only’’ material, both at Headquarters SYSTEM NAME: Name, social security number, present and District Offices. Records are and last five grades or rates, educational Coast Guard Reserve Personnel maintained in locked secure areas when background, civilian and military, Mobilization System not in use and personnel screening is foreign language and proficiency, SECURITY CLASSIFICATION: employed prior to granting access. history of unit assignments and dates Unclassified—sensitive. RETENTION AND DISPOSAL: assigned, duty status, date of birth, date of enlistment, appointment or SYSTEM LOCATION: The majority of records in this system (in any form) are generally destroyed extension, AFQT scores, source of entry, Commandant, G–WT, United States immediately after the expiration of their date of commission, prior service, date Coast Guard Headquarters, 2100 2nd useful life, except those retained in the of expiration of obligation, anniversary Street, SW., Washington, DC 20593– aforementioned ‘‘dead files’’ (which are data on pay base date, aviation pay and 0001. Commander, Reserve in each subsequently destroyed one year after administrative pay, training rate, reserve Coast Guard District Office (except placement in the file). The major category and class, training/pay 17th). Each District and Headquarters exceptions to this policy are the category, data on ADT for last five years, Unit. Screening and Qualification number of dependents, Federal withholding exemptions, Selective CATEGORIES OF INDIVIDUALS COVERED BY THE Questionnaires, which are filed in the Service induction certification, date of SYSTEM: Reservists District Service Record. completion of Ready obligation, officer Reserve officer and enlisted personnel Records are destroyed by mutilating, shredding or burning. experience indicator, last screening date (not on extended active duty) in an and result, civilian occupation, date of Active or Retired status, including those SYSTEM MANAGER(S) AND ADDRESS: last National Agency Check, Reservists released from extended active Commandant, G–WT, United States Background Investigation and security duty to fulfill a specified term of Coast Guard Headquarters, Director, clearance, domestic emergency obligated inactive Reserve service. Reserve and Training Directorate, 2100 volunteer, date of last physical and CATEGORIES OF RECORDS IN THE SYSTEM: 2nd Street, SW., Washington, DC immunization, data on special active Mobilization and qualification cards 20593–0001. duty for training and extended active and orders. Initial, Annual, and Retired duty, annual training date, total NOTIFICATION PROCEDURES: retirement points and satisfactory years Screening and Qualification Commandant, G–SII, United States Questionnaires. of service for retirement purpose, Coast Guard Headquarters, 2100 2nd current year retirement point accounting AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Street, SW., Washington, DC 20593– data, including inactive duty training 5 U.S.C 301; 10 U.S.C 10207, 12301, 0001. participation, correspondence course 12321; 14 U.S.C 632; 49 CFR 1.45, 1.46. RECORDS ACCESS PROCEDURES: activity, taxable wages paid and Same as ‘‘Notification procedure.’’ withholdings, uniform allowances, PURPOSE(S): Servicemen’s Group Life Insurance, Fulfillment of normal administrative CONTESTING RECORD PROCEDURES: SGLI information, mailing address, and procedures including the examining and Same as ‘‘Notification procedure.’’ work and home phone number. screening for completeness and accuracy of records, correspondence RECORD SOURCE CATEGORIES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: pertaining thereto as a basis for The individual, CG Headquarters and 5 U.S.C. 301; 10 U.S.C. 12301–12321; assignment to active duty for training, CG District Offices. 14 U.S.C. 632; 49 CFR 1.45, 1.46.

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PURPOSE(S): CONTESTING RECORD PROCEDURES: legal documents used by individuals Personnel administration of Same as ‘‘Notification procedure.’’ and title search companies to determine individual reservists and the overall the legal ownership of an aircraft. (c) management of the reserve program. RECORD SOURCE CATEGORIES: Provide aircraft owners and operators The individual, Coast Guard information about potential mechanical ROUTINE USES OF RECORDS MAINTAINED IN THE Headquarters and district offices, and SYSTEM, INCLUDING CATEGORIES OF USERS AND defects or unsafe conditions of their the various operating units of the Coast THE PURPOSES OF SUCH USES: aircraft in the form of airworthiness Guard. To the Treasury Department to directives. (d) Provide supporting information in court cases concerning complete payroll checks. See Prefatory EXEMPTIONS CLAIMED FOR THE SYSTEM: Statement of General Routine Uses. liability of individuals in lawsuits. (e) None. Locate specific individuals or specific DISCLOSURE TO CONSUMER REPORTING DOT/FAA 801 aircraft for accident investigation, AGENCIES: violation, or other safety related Disclosures may be made from this SYSTEM NAME: requirements. (f) Prepare an Aircraft system to ‘‘consumer reporting Aircraft Registration System. Registry in magnetic tape and agencies’’ collecting on behalf of the microfiche form as required by ICAO United States Govt. as defined in the SECURITY CLASSIFICATION: agreement, containing information on Fair Credit Reporting Act (15 U.S.C. Unclassified, sensitive. aircraft owners by name, address, 1681a(f)) or the Federal Claims SYSTEM LOCATION: United States Registration Number, and Collection Act of 1982 (31 U.S.C. type of aircraft. Make aircraft 3701(a)(3)). Aircraft Registration Branch, Federal registration data available to the public, Aviation Administration, Mike POLICIES AND PRACTICES FOR STORING, (g) See Prefatory Statement of General Monroney Aeronautical Center, Routine Uses. RETRIEVING, ACCESSING, RETAINING, AND Oklahoma City, OK 73125. DISPOSING OF RECORDS IN THE SYSTEM: DISCLOSURE TO CONSUMER REPORTING STORAGE: CATEGORIES OF INDIVIDUALS COVERED BY THE AGENCIES: SYSTEM: The storage is on computer disks with None. magnetic tape backups. The file is Aircraft owners, lien holders, and POLICIES AND PRACTICES FOR STORING, updated weekly. lessees. RETRIEVING, ACCESSING, RETAINING, AND RETRIEVABILITY: CATEGORIES OF RECORDS IN THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: By Social Security Number. Aircraft types. Current registration STORAGE: status and ownership of aircraft. Aircraft SAFEGUARDS: Records are maintained in file folders, to be registered, or aircraft that have and on digital read-write disks, Magnetic tapes are stored in locked been registered and are now temporarily magnetic tape, microfilm, and storage areas when not in use and are de-registered. United States Registration microfiche. accounted for at all times during actual Number assignment. Airworthiness of use. Personnel screening prior to aircraft. Aircraft Registration. Major RETRIEVABILITY: granting access. repair and alteration maintenance Records are filed by registration RETENTION AND DISPOSAL: inspection forms. Revalidation and use number, but may be retrieved by name of the current registered owner. Magnetic tapes are used, corrected forms. Lien and collateral documents. and updated until the tapes become AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SAFEGUARDS: physically deteriorated after which they 49 U.S.C. 40101, 44103, 44107. Records are stored in areas open only are destroyed. A reservist’s address is to authorized employees and by special maintained on file for approximately PURPOSE(S): permission. one year after discharge, to allow for Provide a register of United States RETENTION AND DISPOSAL: processing of annual point statements civil aircraft to aid in the national and W–2 forms. Audit trails are defense and to support a safe and If records are microfiched: (1) Original maintained indefinitely and the Master economically strong civil aviation Records. Destroy original records after Personnel file and Pay and Points file system. To determine that aircraft are microfiche is determined to be an are continually updated. registered in accordance with the adequate substitute for paper records; provisions of 49 U.S.C. 44103. To serve (2) Microfiche of Original Records. SYSTEM MANAGER(S) AND ADDRESS: Destroy when it is determined that the Commandant, G–WT, Director, as a data source for management information for production of summary aircraft is no longer in existence. If Reserve and Training Directorate, records are not microfiched: Destroy United States Coast Guard descriptive statistics and analytical studies in support of agency functions when it is determined that the aircraft Headquarters, 2100 2nd Street, SW., is no longer in existence. Washington, DC 20593–0001. for which the records are collected and maintained. To provide data for internal SYSTEM MANAGER(S) AND ADDRESS: NOTIFICATION PROCEDURE: FAA safety program purposes. To Manager, Aircraft Registration Branch, Requests to determine if this system provide data for development of the AFS–750, Federal Aviation contains information on any individual aircraft registration statistical system. Administration, Mike Monroney should be made in person or in writing Aeronautical Center, P.O. Box 25082, to: Commandant, G–SII, United States ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Oklahoma City, OK 73125. Coast Guard Headquarters, 2100 2nd THE PURPOSES OF SUCH USES: Street, SW., Washington, DC 20593– NOTIFICATION PROCEDURE: 0001. (a) Support investigative efforts of Same as ‘‘System manager.’’ investigation and law enforcement RECORD ACCESS PROCEDURES: agencies of Federal, State, and foreign RECORD ACCESS PROCEDURES: Same as ‘‘Notification procedure.’’ governments. (b) Serve as a repository of Same as ‘‘System manager.’’

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CONTESTING RECORD PROCEDURES: duty guard or by Office of Facility ROUTINE USES OF RECORDS MAINTAINED IN THE Same as ‘‘System manager.’’ Management personnel. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: RECORD SOURCE CATEGORIES: RETENTION AND DISPOSAL: See Prefatory Statement of General Individuals, manufacturers of aircraft, Identification credentials including Routine Uses. maintenance inspectors, mechanics, and parking permits: Destroy credentials FAA officials. three months after return to issuing DISCLOSURE TO CONSUMER REPORTING office. Related identification credential AGENCIES: EXEMPTIONS CLAIMED FOR THE SYSTEM: papers such as vehicle registrations: None. None. Destroy after all listed credentials are POLICIES AND PRACTICES FOR STORING, DOT/FAA 807 accounted for. Reports, statements of RETRIEVING, ACCESSING, RETAINING, AND witnesses, warning notices, and other DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM NAME: papers relating to arrests and traffic STORAGE: Traffic Control at the Mike Monroney violations: Destroy when 2 years old. Aeronautical Center (formerly named In approved security files and SYSTEM MANAGER(S) AND ADDRESS: Law Enforcement Records and Central containers, and in computer databases. Files). Manager, Office of Facility Management, AMP–1, Federal Aviation RETRIEVABILITY: SECURITY CLASSIFICATION: Administration, Mike Monroney By name and social security number. Aeronautical Center, P.O. Box 25082, Unclassified, sensitive. SAFEGUARDS: Oklahoma City, OK 73125. SYSTEM LOCATION: Access to and use of these records in Office of Facility Management, AMP– NOTIFICATION PROCEDURES: manual or automated form is protected 1, Mike Monroney Aeronautical Center Same as ‘‘System manager.’’ by being physically located behind (MMAC), Oklahoma City, OK 73125. locked doors and computer access is RECORD ACCESS PROCEDURES: password protected. Adding or deleting CATEGORIES OF INDIVIDUALS COVERED BY THE Same as ‘‘System manager.’’ information to the file is limited to the SYSTEM: CONTESTING RECORD PROCEDURES: medical staff, physician, nurse, or MMAC employees, tenants, and occupational health specialists. visitors, with registered vehicles. Same as ‘‘System manager.’’ RETENTION AND DISPOSAL: Individuals cited for parking and/or RECORD SOURCE CATEGORIES: traffic violations. Individuals registering/operating These records are destroyed 6 years after the date of last entry. CATEGORIES OF RECORDS IN THE SYSTEM: vehicles. Vehicle registration and traffic EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: violations files. None. Regional Flight Surgeon within region where the clinic is located. Manager, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DOT/FAA 811 Clinical Specialties Division, AAM–200, 44 U.S.C. 3101. Federal Aviation Administration, 800 SYSTEM NAME: Independence Avenue, SW., PURPOSE: Employee Health Record System. To carry out such functions as vehicle Washington, DC 20591. SECURITY CLASSIFICATION: registration and traffic control; to NOTIFICATION PROCEDURE: Unclassified, sensitive. control access and maintain an orderly Same as ‘‘System manager.’’ traffic flow on a government facility. SYSTEM LOCATION: RECORD ACCESS PROCEDURES: ROUTINE USES OF RECORDS MAINTAINED IN THE FAA Washington, regional, and center Same as ‘‘System manager.’’ SYSTEM, INCLUDING CATEGORIES OF USERS AND medical facilities. THE PURPOSES OF SUCH USES: CONTESTING RECORD PROCEDURES: See Prefatory Statement of General CATEGORIES OF INDIVIDUALS COVERED BY THE Same as ‘‘System manager.’’ Routine Uses. SYSTEM: FAA employees. RECORD SOURCE CATEGORIES: DISCLOSURE TO CONSUMER REPORTING AGENCIES: CATEGORIES OF RECORDS IN THE SYSTEM: Information contained in this system None. Basic medical record of an FAA comes from the employee and from employee, including medical attending physicians, nurses, and POLICIES AND PRACTICES FOR STORING, examination reports, laboratory occupational health specialists, and RETRIEVING, ACCESSING, RETAINING, AND findings, correspondence, health from associated medical reports. DISPOSING OF RECORDS IN THE SYSTEM: awareness program participation EXEMPTIONS CLAIMED FOR THE SYSTEM: STORAGE: records, and related papers. None. Records are maintained in files and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: containers and in password protected DOT/FAA 813 electronic databases located in rooms Pub. L. 79–658, Title 5 U.S.C. Section secured with the FAA locking system. 7901. SYSTEM NAME: Civil Aviation Security. RETRIEVABILITY: PURPOSE(S): Individual name, other personal Document employee health unit visits SECURITY CLASSIFICATION: identifier, and/or registration number. and nature of complaint or physical Unclassified, sensitive. examination findings, treatment SAFEGUARDS: rendered and case disposition. Prepare SYSTEM LOCATION: Files are retained in a secured work analytical and statistical studies and Office of Associate Administrator for area accessible only by consent of an on reports. Civil Aviation Security, in Washington,

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DC; the FAA Regional Civil Aviation POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: Security Divisions; the Civil Aviation RETRIEVING, ACCESSING, RETAINING, AND FAA records; Federal, State, or local Security Division at the Mike Monroney DISPOSING OF RECORDS IN THE SYSTEM: agencies; foreign sources; public record Aeronautical Center in Oklahoma City, STORAGE: sources; first party; and third parties. Oklahoma; and the Civil Aviation Security Staff at the FAA Technical Approved security files and EXEMPTIONS CLAIMED FOR THE SYSTEM: Center, Atlantic City, New Jersey; and containers, in file folders, on lists and Portions of this system are exempt various Federal records Centers located forms, and in computer processable under 5 U.S.C. 552a(k)(1) and (k)(2). storage media. throughout the country. DOT/FAA 815 RETRIEVABILITY: CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM NAME: SYSTEM: By name or other personal identifying Investigative Record System. Persons who have been involved or symbols. SECURITY CLASSIFICATION: might be involved in crimes against SAFEGUARDS: civil aviation or air piracy/sabotage Unclassified, sensitive. threats, data regarding K–9 handlers, Access to and use of these records are SYSTEM LOCATION: and information regarding Federal Air limited to those persons whose official Marshals, FAM. duties require such access and use. Office of the Associate Administrator Appropriate physical, technical, and for Civil Aviation Security in CATEGORIES OF RECORDS IN THE SYSTEM: administrative safeguards as prescribed Washington, DC; the FAA regional Civil by FAA security directives applicable to Hijacking or attempted hijacking Aviation Security Divisions; the Civil both manual and automated record incidents at airports or aboard civil Aviation Security Division at the Mike systems reinforce this record aviation aircraft; other civil aviation Monroney Aeronautical Center in management principle. criminal acts; information of K–9 Oklahoma City, Oklahoma; the Civil Aviation Security Staff at the FAA assignments to airports, K–9 handler RETENTION AND DISPOSAL: evaluations; and information necessary Technical Center, Atlantic City, New to manage the FAM program. These records are destroyed or retired Jersey; and the various Federal Records to the area Federal Records Center, FRC, Centers located throughout the country. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and then destroyed in accordance with current version of FAA Order 1350.15, CATEGORIES OF INDIVIDUALS COVERED BY THE Title 49 U.S.C., Chapter 449, Air SYSTEM: Records Organization, Transfer and Transportation Security, enacted as Pub. Destruction Standards. The retention Current and former applicants for L. 103–272 on July 5, 1994; authority for and destruction period for each record FAA employment. Current and former funding FAA K–9 program is the varies depending on the type of record, FAA employees. Individuals considered Omnibus Consolidated Appropriations category of investigation, or significance for access to classified information or Act of 1997, Pub. L. 104–208. of the information contained in the restricted areas and/or security determinations such as current and PURPOSE(S): record. All records are destroyed by approved methods. former contractors, employees of Prepare alerts, bulletins, summaries, contractors, experts, instructors, and reports, and policy statements of SYSTEM MANAGER(S) AND ADDRESS: consultants to federal programs. Aircraft incidents affecting civil aviation For the Washington Metropolitan owners. Flight instructors. Airport security. area, excluding Eastern Region operators. Pilots, mechanics, designated jurisdiction: FAA representatives. Other individuals ROUTINE USES OF RECORDS MAINTAINED IN THE certified by the FAA. Individuals SYSTEM, INCLUDING CATEGORIES OF USERS AND Office of the Associate Administrator involved in tort claims against the FAA. THE PURPOSES OF SUCH USES: for Civil Aviation Security, 800 Independence Avenue, SW., Employees, grantees, subgrantees, Inform airport and air carrier security contractors, subcontractors, and officials and officers regarding air Washington, DC 20591. Manager, Civil Aviation Security Division, of the applicants for FAA-funded programs. piracy/civil aviation sabotage threats. Other individuals who are of Preparation of alerts, bulletins, and appropriate region. For the jurisdiction of the FAA Technical Center: investigative interest to the FAA, law summaries of incidents regarding enforcement, or investigative agencies. threats to civil aviation for distribution Manager, Civil Aviation Security to authorized government and aviation Staff, FAA technical Center, Atlantic CATEGORIES OF RECORDS IN THE SYSTEM: recipients for use in affecting City International Airport, Atlantic City, Results of investigations and inquiries appropriate changes/modifications to NJ 08405. For the jurisdiction of the conducted by the Office of the Associate civil aviation security. Prepare Mike Monroney Aeronautical Center: Administrator for Civil Aviation summaries, reports, and policy Manager, Civil Aviation Security Security, the FAA regional Civil statements for development and change Division, Mike Monroney Aeronautical Aviation Security Divisions, the Mike of security procedures in civil aviation, Center, PO Box 25082, Oklahoma City, Monroney Aeronautical Center Civil which will be distributed to appropriate OK, 73125. Aviation Security Division, and the government, and aviation-oriented FAA Technical Center, Civil Aviation organizations, which have direct civil NOTIFICATION PROCEDURE: Security Staff; information received in aviation security responsibilities. See Same as ‘‘System manager.’’ various formats as the result of Prefatory Statement of General Routine investigations conducted by federal, Uses. RECORD ACCESS PROCEDURES: state, local, and foreign investigative or Same as ‘‘System manager.’’ law enforcement agencies, which relate DISCLOSURE TO CONSUMER REPORTING to the mission and function of the AGENCIES: CONTESTING RECORD PROCEDURES: Associate Administrator for the Office of Not applicable. Same as ‘‘System manager.’’ Civil Aviation Security and field

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All records are destroyed by various formats as the result of employee; or, (d) the United States, approved methods. investigations conducted by authorized where the agency determines the SYSTEM MANAGER(S) AND ADDRESS: personnel of the FAA, other federal litigation is likely to affect the agency or agencies, state and local drug any of its components, is a party to For the Washington Metropolitan enforcement agencies regarding the litigation or has an interest in such area, excluding Eastern Region actual or probable violation by pilots, litigation, and the agency determines jurisdiction: Office of the Associate aircraft owners, or aircraft mechanics of that use of such records to be relevant Administrator for Civil Aviation civil and criminal laws regulating and necessary to the litigation, Security, Federal Aviation controlled substances. provided, however, that in each case, Administration, 800 Independence the agency determines that disclosure of Avenue, SW., Washington, DC 20591. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the records to the Department of Justice For the geographical area under the Title 49 U.S.C., chapter 449, Air is a use of the information contained in jurisdiction of the various regions: Manager, Civil Aviation Security Transportation Security, enacted as Pub. the records that is compatible with the Division, of the appropriate region. (See L. 103–272 on July 5, 1994; purpose for which the records were the FAA Directory for addresses). For Transportation Safety Act of 1974; FAA collected. (3) To authorized the jurisdiction of the FAA Technical Drug Enforcement Assistance Act of representatives of United States air Center: Manager, Civil Aviation Security 1988; Executive Order, E.O., 10450, carriers where air safety might be Staff, FAA Technical Center, Atlantic Security Requirements for government affected. (4) To authorized City International Airport, Atlantic City, Employment; E.O. 12968, Access to representatives of federal, state, local NJ 08405. Classified Information; and E.O. 12829, agencies and departments, including the National Industrial Security Program. For the jurisdiction of the Mike District of Columbia, and foreign Monroney Aeronautical Center: PURPOSE(S): governments, who require access to the Manager, Civil Aviation Security file pursuant to an investigation or To maintain in an orderly fashion the Division, FAA Aeronautical Center, P.O. inquiry conducted for use in law Box 25082, Oklahoma City, OK 73125. categories of records listed above, in enforcement activities, either civil or order that the FAA may conduct its criminal, or to expose fraudulent claims. NOTIFICATION PROCEDURE: investigations and personnel security (5) See Prefatory Statement of General Same as ‘‘System manager.’’ programs in an efficient manner and Routine Uses. document official actions taken on the RECORD ACCESS PROCEDURES: basis of information contained in these DISCLOSURE TO CONSUMER REPORTING Same as ‘‘System manager.’’ records. AGENCIES: CONTESTING RECORD PROCEDURES: None. ROUTINE USES OF RECORDS MAINTAINED IN THE Same as ‘‘System manager.’’ SYSTEM, INCLUDING CATEGORIES OF USERS AND POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: THE PURPOSES OF SUCH USES: RETRIEVING, ACCESSING, RETAINING, AND (1) To the Department of Justice DISPOSING OF RECORDS IN THE SYSTEM: Subject individual, interviews, review of records, and other authorized when: (a) The agency, or any component STORAGE: thereof; or (b) any employee of the applicable investigative techniques. agency in his or her official capacity; or These records are stored in approved security file cabinets and containers, in EXEMPTIONS CLAIMED FOR THE SYSTEM: (c) any employee of the agency in his or Portions of this system are exempt her individual capacity where the file folders, on lists and forms, and in computer processable storage media. under 5 U.S.C. 552a(j)(2) and 5 U.S.C. Department of Justice has agreed to 552a(k)(1), (2) and (5). represent the employee; or, (d) the RETRIEVABILITY: DOT/FAA 816 United States, where the agency These records are retrieved by name determines that litigation is likely to or other identifying symbols. SYSTEM NAME: affect the agency or any of its Tort Claims and Personal Property components, is a party to litigation or SAFEGUARDS: Claims Record System. has an interest in such litigation, and Access to and use of these records are the use of such records by the limited to those persons whose official SECURITY CLASSIFICATION: Department of Justice is deemed by the duties require such access and use. Unclassified, sensitive. agency to be relevant and necessary to Computer processing of information is SYSTEM LOCATION: the litigation, provided, however, that in conducted within established FAA each case, the agency determines that computer security regulations. A risk Office of the Chief Counsel, Litigation disclosure of the records to the assessment of the FAA computer facility Division, AGC–400, Federal Aviation Department of Justice is a use of the used to process this system of records Administration, 400 7th Street, SW., information contained in the records has been accomplished. Washington, DC 20590, and in the that is compatible with the purpose for Office of the Assistant Chief Counsels which the records were collected. (2) To RETENTION AND DISPOSAL: and the Logistics Divisions in the disclose the records in a proceeding These records are destroyed or retired regions and centers. before a court or adjudicative body, to the area Federal Records Center and CATEGORIES OF INDIVIDUALS COVERED BY THE including an administrative tribunal or then destroyed in accordance with the SYSTEM: hearing, before which the agency is current version of FAA Order 1350.15, Tort and property claimants who have authorized to appear, when: Records Organization, Transfer and filed claims against the Government/ (a) The agency, or any component Destruction Standards. The retention FAA. thereof; or (b) any employee of the and destruction period for each record agency in his or her official capacity; or varies depending on the type of record, CATEGORIES OF RECORDS IN THE SYSTEM: (c) any employee of the agency in his or category of investigation, or significance Reports, vouchers, witness her individual capacity where the of the information contained in the statements, legal decisions, and related

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DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF RECORDS IN THE SYSTEM: Same as ‘‘System manager.’’ AGENCIES: Litigation and claim pleadings, CONTESTING RECORD PROCEDURES: None. discovery material, related documents Same as ‘‘System manager.’’ (including background data on POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND individual, or decedent involved), RECORD SOURCE CATEGORIES: DISPOSING OF RECORDS IN THE SYSTEM: memoranda, correspondence, and other Employees of the Office of Chief material necessary to respond to claims STORAGE: Counsel, Federal courts, individuals and or prepare for litigation or hearings. their attorney, FAA records, litigation These records are stored in approved Types of claims or litigation: files, etc. file cabinets and containers. Aircraft accidents, auto accidents, EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVABILITY: personnel and general litigation. None. These records are indexed by name. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Tort Claims Act, 28 U.S.C. DOT/FAA 822 SAFEGUARDS: 2671, et seq.; Military Personnel and Access to and use of these records are civilian Employees claims Act of 1964, SYSTEM NAME: limited to those persons whose official 31 U.S.C. 3701, 3721. Aviation Medical Examiner System. duties require such access. Records are maintained on a computer system. The PURPOSE(S): SECURITY CLASSIFICATION: computer system is password protected. Case management/record Unclassified, sensitive. management. RETENTION AND DISPOSAL: SYSTEM LOCATION: These records are destroyed 3 years ROUTINE USES OF RECORDS MAINTAINED IN THE Aeromedical Education Division, after the final decision is rendered. SYSTEM, INCLUDING CATEGORIES OF USERS AND AAM–400, FAA Civil Aeromedical THE PURPOSES OF SUCH USES: Institute, Federal Aviation SYSTEM MANAGER(S) AND ADDRESS: See Prefatory Statement of General Administration, Mike Monroney Office of the Assistant Chief Counsel, Routine Uses. Aeronautical Center, 6500 S. MacArthur Litigation Division, Federal Aviation DISCLOSURE TO CONSUMER REPORTING Blvd. P.O. Box 25082, Oklahoma City, Administration, 400 Seventh Street, AGENCIES: OK 73125. Regional Flight Surgeons in SW., Washington, DC, 20590. Regional None. all regional headquarters. and center counsels and regional and center Logistics Division Managers. POLICIES AND PRACTICES FOR STORING, CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVING, ACCESSING, RETAINING, AND SYSTEM: NOTIFICATION PROCEDURE: DISPOSING OF RECORDS IN THE SYSTEM: Private civilian physicians (United Same as ‘‘System manager.’’ STORAGE: States and foreign) designated as AMEs. RECORD ACCESS PROCEDURES: On computer database and password Selected United States military flight Same as ‘‘System manager.’’ protected. Also, data are stored in surgeons designated as AMEs. Selected lockable and unlockable file cabinets, United States Federal medical officers CONTESTING RECORD PROCEDURES: individuals’ attorneys’ offices, binders, designated as AMEs. Same as ‘‘System manager.’’ index files and in computers. CATEGORIES OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: RETRIEVABILITY: The system includes records Claimant, investigation reports, and Access is by name, location of necessary to: Determine professional courts. accident, and/or docket number. qualifications of physicians designated

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(initially and subsequently) as AMEs; Records Center. Computerized AME PURPOSE(S): identify the type and location of AMEs records are updated continuously for all Make available for public review within the AME program; monitor active AMEs. Computerized records of documents concerning petitions for AMEs performance in support of the AMEs who have been inactive for less rulemaking. Medical Certification Program; and than 25 years are maintained in the monitor AMEs compliance with system; and those AMEs inactive for 25 ROUTINE USES OF RECORDS MAINTAINED IN THE mandatory training (initial and periodic) or more years are deleted. Hard copy SYSTEM, INCLUDING CATEGORIES OF USERS AND and other AME designation files of United States civilian AMEs THE PURPOSES OF SUCH USES: requirements. (excluding foreign civilian, military, and See Prefatory Statement of General Federal AMEs) are also retained by the Routine Uses. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Regional Flight Surgeon Offices. When 49 U.S.C 44702. DISCLOSURE TO CONSUMER REPORTING these regional AME files become AGENCIES: PURPOSE(S): inactive, they are immediately transferred to the Aeromedical None. Determine professional qualifications Education Division. and designation authorization (initial POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND and subsequent) of AMEs. SYSTEM MANAGER(S) AND ADDRESS: DISPOSING OF RECORDS IN THE SYSTEM: Manager, Aeromedical Education ROUTINE USES OF RECORDS MAINTAINED IN THE Division, AAM–400, FAA Civil STORAGE: SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Aeromedical Institute, Federal Aviation Unlocked file cabinets. Administration Mike Monroney Document the necessary information Aeronautical Center, P.O. Box 25082, RETRIEVABILITY: on AMEs whose designation has been Oklahoma City, OK 73125. Regional revoked or retired. Support effective and Exemption number, docket number, Flight Surgeons within Region where efficient communications between the or alphabetical listing of petitioner the AME is designated. FAA and its designated AMEs. Maintain names. a database to support the management NOTIFICATION PROCEDURE: SAFEGUARDS: of the AME program. Provide the public Same as ‘‘System manager.’’ Access through request to Dockets with the names and addresses of AMEs Specialist. who provide FAA medical certification RECORD ACCESS PROCEDURES: services. Policy determination regarding Same as ‘‘System manager.’’ RETENTION AND DISPOSAL: the AME program. Locating and CONTESTING RECORD PROCEDURES: Transferred to Federal Records Center obtaining support of qualified AMEs. Same as ‘‘System manager.’’ when inactive; destruction not See Prefatory Statement of General authorized. Routine Uses. RECORD SOURCE CATEGORIES: Aviation Medical Examiners. SYSTEM MANAGER(S) AND ADDRESS: DISCLOSURE TO CONSUMER REPORTING Additional background information on AGENCIES: Docket and Regulations Technician, civilian AMEs may be obtained directly None. Office of the Chief Counsel, AGC–200, from the Federation of State Medical FAA, 800 Independence Avenue, SW., POLICIES AND PRACTICES FOR STORING, Boards of the United States. Washington, DC 20591. RETRIEVING, ACCESSING, RETAINING, AND EXEMPTIONS CLAIMED FOR THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: NOTIFICATION PROCEDURE: None. STORAGE: Same as ‘‘System manager.’’ DOT/FAA 825 Computer processable storage media RECORD ACCESS PROCEDURES: and hard copy files. SYSTEM NAME: Same as ‘‘System manager.’’ RETRIEVABILITY: Petitions for Rulemaking—Public Dockets. CONTESTING RECORD PROCEDURES: By AME name, AME number, region, Same as ‘‘System manager.’’ state, county, and city. SECURITY CLASSIFICATION: Unclassified, sensitive. RECORD SOURCE CATEGORIES: SAFEGUARDS: File rooms with restricted access by SYSTEM LOCATION: Petitions for rulemaking. authorized personnel only. Computer Office of the Chief Counsel, Federal EXEMPTIONS CLAIMED FOR THE SYSTEM: processing of AME information is Aviation Administration, AGC–200, None. conducted within established FAA Washington, DC 20591. computer security regulations. DOT/FAA 826 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: RETENTION AND DISPOSAL: SYSTEM NAME: Persons petitioning for a change in the Hard copy files are retained by the Petitions for Exemption, Other than Federal Aviation Regulations. Aeromedical Education Division on all Medical Exemption—Public Dockets. active AMEs (civilian, military, and CATEGORIES OF RECORDS IN THE SYSTEM: SECURITY CLASSIFICATION: Federal), and on AMEs who have been Petitions for rulemaking, inactive for less than 10 years. Hard correspondence, documents showing Unclassified, sensitive. copy files of AMEs who have been disposition of the petition, and public SYSTEM LOCATION: inactive for 10 years or more, but less comments on any resulting NPRM. than 25 years, are stored by the Federal Office of the Chief Counsel, AGC–200, Records Center. Hard copy files of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Aviation Administration, 800 AMEs who have been inactive for 25 or 49 U.S.C. 106(g), 40101, 40103, 40106, Independence Ave. SW., Washington, more years are destroyed by the Federal 40109, 40113, 44701, 44702, 44711. DC.

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CATEGORIES OF INDIVIDUALS COVERED BY THE DOT/FAA 827 SYSTEM MANAGER(S) AND ADDRESS: SYSTEM: SYSTEM NAME: Manager, Airports/Environmental Persons petitioning for an exemption Law Division, AGC–600, Office of the Environmental Litigation Files. (other than medical) under the Federal Chief Counsel, FAA, 800 Independence Aviation Regulations. SECURITY CLASSIFICATION: Avenue, SW., Washington, DC 20591. CATEGORIES OF RECORDS IN THE SYSTEM Unclassified, sensitive. : NOTIFICATION PROCEDURE: Petitions for exemptions, SYSTEM LOCATION: Same as ‘‘System manager.’’ supplementary information, Office of the Chief Counsel, FAA, correspondence and the grant or denial RECORD ACCESS PROCEDURES: Washington, DC, and Regional Counsel of the exemption. and airport divisions. Same as ‘‘System manager.’’ AUTHORITY FOR MAINTENANCE OF THE SYSTEM: CATEGORIES OF INDIVIDUALS COVERED BY THE CONTESTING RECORD PROCEDURES: 49 U.S.C. 106(g), 40101, 40103, 40106, SYSTEM: Same as ‘‘System manager.’’ 40109, 40113, 44701, 44702, 44711. Litigants, witnesses, plaintiff’s RECORD SOURCE CATEGORIES: PURPOSE(S): attorney, FAA attorney, Department of Make available for public review Justice Attorney, etc. Federal courts, individuals and their attorneys, FAA records, litigation files, documents concerning petitions for CATEGORIES OF RECORDS IN THE SYSTEM: exemption (other than medical etc. Information on litigation, pleadings, exemptions). discovery material, related documents, EXEMPTIONS CLAIMED FOR THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE (including background data on None. SYSTEM, INCLUDING CATEGORIES OF USERS AND individual involved), memoranda, THE PURPOSES OF SUCH USES: correspondence, and other material DOT/FAA 828 See Prefatory Statement of General necessary to respond to claim or prepare SYSTEM NAME: Routine Uses. for litigation or hearings. Physiological Training System. DISCLOSURE TO CONSUMER REPORTING AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SECURITY CLASSIFICATION: AGENCIES: National Environmental Policy Act of None. 1969, 42 U.S.C. 4321, Airport Unclassified, sensitive. POLICIES AND PRACTICES FOR STORING, Environmental requirements, 49 U.S.C. SYSTEM LOCATION: RETRIEVING, ACCESSING, RETAINING, AND 47106(c), Section 4(f) of the Department Aeromedical Education Division, DISPOSING OF RECORDS IN THE SYSTEM: of Transportation Act, 49 U.S.C. 303, AAM–400, FAA Civil Aeromedical STORAGE: and other applicable environmental Institute, Mike Monroney Aeronautical Original and copies of records stored laws, regulations, and Executive Orders. Center, 6500 S. MacArthur Blvd., P.O. in unlocked file cabinets. PURPOSES(S): Box 25082, Oklahoma City, OK 73125.

RETRIEVABILITY: Litigation. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM Exemption number, docket number, ROUTINE USES OF RECORDS MAINTAINED IN THE : or alphabetical listing of petitioner SYSTEM, INCLUDING CATEGORIES OF USERS AND Certificated Airmen. names. THE PURPOSES OF SUCH USES: CATEGORIES OF RECORDS IN THE SYSTEM: SAFEGUARDS: See Prefatory Statement of General Routine Uses. Records necessary to establish Access through request to Dockets qualifications of eligibility to receive Specialist. POLICIES AND PRACTICES FOR STORING, physiological training, maintain RETRIEVING, ACCESSING, RETAINING, AND accountability of funds required for RETENTION AND DISPOSAL: DISPOSING OF RECORDS IN THE SYSTEM: Transferred to Federal Records Center training and transfer of funds to STORAGE: when inactive; destruction not involved agencies, and to provide authorized. File folders stored in locked and proper evidence of training. unlocked file cabinets and individual AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: attorney’s offices. Rules Docket Section, AGC–200, 49 U.S.C. 44703, and 14 CFR 61.31. RETRIEVABILITY: Office of the Chief Counsel, Federal PURPOSE(S): Aviation Administration, 800 Caption of the particular litigation, Independence Ave. SW., Washington which may include an individual’s Maintain appropriate documentation DC 20591. name or corporation or trade association on individuals who apply for and name. complete physiological training NOTIFICATION PROCEDURE: conducted by, or coordinated through Same as System manager. SAFEGUARDS: the FAA Aeromedical Education Access regularly by Office of Chief Division. RECORD ACCESS PROCEDURES: Counsel personnel only; material is Same as System manager. accessible only in facilities with ROUTINE USES OF RECORDS MAINTAINED IN THE building access controls and in storage SYSTEM, INCLUDING CATEGORIES OF USERS AND CONTESTING RECORD PROCEDURES: THE PURPOSES OF SUCH USES: Same as System manager. retrieval regularly only by Office of the Chief Counsel personnel. Determine individual training RECORD SOURCE CATEGORIES: qualifications. Receipt and transfer of RETENTION AND DISPOSAL: Petitions for exemptions. training funds. Maintain individual Files are kept for 2 years after case has records of training completion. See EXEMPTIONS CLAIMED FOR THE SYSTEM: been closed and then sent to Records Prefatory Statement of General Routine None. Center. Uses.

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POLICIES AND PRACTICES FOR STORING, Operator Examiners. International Field RETRIEVABILITY: RETRIEVING, ACCESSING, RETAINING, AND Offices, IFO. Name, birth date, social security DISPOSING OF RECORDS IN THE SYSTEM: number, or any other identification CATEGORIES OF INDIVIDUALS COVERED BY THE STORAGE : SYSTEM: number of the individual on whom the records are maintained. Hard copy files and computer Designated Pilot Examiners, DPE. processable storage media. Designated Mechanic Examiners, DME. SAFEGUARDS: RETRIEVABILITY: Designated Parachute Rigger Examiners, Manual records: Strict information DPRE. Applicants for the technical By name and location of training. handling procedures have been personnel examiners for DPEs, DMEs, developed to cover the use, SAFEGUARDS: DPREs. Designated Engineering transmission, storage, and destruction of File access is regularly restricted to Representatives. Designated personal data in hard copy form. These Aeromedical Education Division Manufacturing Inspection procedures are periodically reviewed for personnel. The information is password Representatives. Designated compliance. Automated processing protected. Passwords are changed every Airworthiness Representatives. Computer processing of personal 30 days. The screen automatically closes Organizational Designated information is conducted within the if the computer is not used within 15 Airworthiness Representatives. guidelines of established FAA computer minutes, and would require a password CATEGORIES OF RECORDS IN THE SYSTEM: security regulations. A risk assessment of the FAA computer facility used to to reopen the file. Name, date of birth, place of process this system of records has been residence, company name (when RETENTION AND DISPOSAL: accomplished. Records are destroyed when 5 years delegated as an organization), mailing old. (Applications, Hold Harmless address, social security number (if RETENTION AND DISPOSAL: Statements, Chamber Flight Records) applicable), certificate number, and Records destroyed 5 years after work and/or home telephone number. designation becomes inactive, or when SYSTEM MANAGER(S) AND ADDRESS: Applications for designee. Records of no longer needed, whichever is sooner. Manager, Aeromedical Education qualification. Certification. SYSTEM MANAGER(S) AND ADDRESS: Division, AAM–400, FAA Civil Appointment authorization. Training. Aeromedical Institute, Mike Monroney Dates of renewal and termination. Federal Aviation Administration, Aeronautical Center, PO Box 25082, Employment history. Reasons for Manager, Designee Standardization Oklahoma City, OK 73125. termination (if applicable). Branch, AFS–640, Mike Monroney Aeronautical Center, P.O. Box 25082, NOTIFICATION PROCEDURE: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Oklahoma City, Oklahoma 73125. Same as ‘‘System manager.’’ 49 U.S.C. 40101, 40113, 44701, 44702, Aircraft Certification Divisions. Aircraft and 44703. Certification Offices. Manufacturing RECORD ACCESS PROCEDURES: PURPOSE(S): Inspection District Offices. Flight Same as ‘‘System manager.’’ Standards District Offices. Air Traffic Required in connection with Control Offices. CONTESTING RECORD PROCEDURES: applications for and issuance of Same as ‘‘System manager.’’ authorizations to be Representatives of NOTIFICATION PROCEDURE: the Administrator. Used to identify and Same as ‘‘System manager.’’ RECORD SOURCE CATEGORIES: maintain a list of applicants for future Covered individuals. appointment, as necessary. Used to RECORD ACCESS PROCEDURES: record validation and approval of new Same as ‘‘System manager.’’ EXEMPTIONS CLAIMED FOR THE SYSTEM: designees. To promote the CONTESTING RECORD PROCEDURES: None. standardization of designees by tracking Same as ‘‘System manager.’’ DOT/FAA 830 training, accomplishments, and the limitations of current designees. RECORD SOURCE CATEGORIES: SYSTEM NAME: Individual to whom it applies. ROUTINE USES OF RECORDS MAINTAINED IN THE Representatives of the Administrator. SYSTEM, INCLUDING CATEGORIES OF USERS AND EXEMPTIONS CLAIMED FOR THE SYSTEM: THE PURPOSES OF SUCH USES: SECURITY CLASSIFICATION: None. Provide the public with the names Unclassified, sensitive. and addresses of certain categories of DOT/FAA 833 SYSTEM LOCATION: representatives who may provide SYSTEM NAME: service to them. See Prefatory Statement Federal Aviation Administration. Quarters Management Information of General Routine Uses. Mike Monroney Aeronautical Center, System. Regulatory Support Division, AFS–600, DISCLOSURE TO CONSUMER REPORTING SECURITY CLASSIFICATION: and Civil Aviation Registry, AFS–700, AGENCIES: Oklahoma City, Oklahoma 73125. None. Unclassified, sensitive. Federal Aviation Administration, 800 SYSTEM LOCATION: Independence Avenue, SW., POLICIES AND PRACTICES FOR STORING, Federal Aviation Administration, Washington, DC 20591. Flight Standards RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Alaskan Region, 222 W. 7th Ave., #14, District Offices, FSDO. Manufacturing Anchorage, AK 99513–7587. Inspection District Offices, MIDO. STORAGE: Aircraft Certification Divisions. Flight File folders, on lists, on forms, and on CATEGORIES OF INDIVIDUALS COVERED BY THE Standards Divisions. Aircraft computer-accessible storage media. SYSTEM: Certification Offices, ACO. Air Traffic Records are also stored in microfiche, Employees occupying FAA owned or Headquarters. Regional or field offices microfilm, and electronic optical leased housing. Employees and agencies that designate Air Traffic control Tower storage. that lease FAA housing in Alaska.

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CATEGORIES OF RECORDS IN THE SYSTEM: DOT/FAA 837 RETENTION AND DISPOSAL: Retained as long as individual or Housing records, leases. SYSTEM NAME: event is newsworthy, following which AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Newsletter Photographs and they are destroyed. In certain cases, 5 U.S.C. 5911(f), OMB Circular A–45. Biographical Information. material is transferred to the Office of the Historian. PURPOSE(S): SECURITY CLASSIFICATION: Establish regional rental rates for Unclassified, sensitive. SYSTEM MANAGER(S) AND ADDRESS: quarters; maintain status of housing; SYSTEM LOCATION: Same as ‘‘System Location.’’ maintain up-to-date list of persons Office of Public Affairs, FAA, 800 occupying FAA units. NOTIFICATION PROCEDURE: Independence Avenue, SW., Same as ‘‘System Manager.’’ ROUTINE USES OF RECORDS MAINTAINED IN THE Washington, DC, 20591. Public Affairs SYSTEM, INCLUDING CATEGORIES OF USERS AND Offices at: Aeronautical Center, P.O. Box RECORD ACCESS PROCEDURES: THE PURPOSES OF SUCH USES: 25082, Oklahoma City, OK 73125. Same as ‘‘System Manager.’’ Establish and terminate payroll Eastern Region, Federal Bldg., JFK deductions for collection of housing International Airport, Jamaica, NY CONTESTING RECORD PROCEDURES: rent through request to the appropriate 11430. Great Lakes Region, 2300 E. Same as ‘‘System Manager.’’ Devon Avenue, Des Plaines, IL 60018. payroll office. See Prefatory Statement RECORD SOURCE CATEGORIES: of General Routine Uses. Northwest Mountain Region, 1601 Lind Ave., SW., Renton, WA 98055. Southern FAA employees and other individuals DISCLOSURE TO CONSUMER REPORTING Region, P.O. Box 20636, Atlanta, GA who may appear with them in candid AGENCIES: 30320. Biographies of key FAA officials photographs. None. are on the FAA web page at HTTP:// EXEMPTIONS CLAIMED FOR THE SYSTEM: WWW.FAA.GOV/APA/BIOS.HTM POLICIES AND PRACTICES FOR STORING, None. RETRIEVING, ACCESSING, RETAINING, AND CATEGORIES OF INDIVIDUALS COVERED BY THE DOT/FAA 845 DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM: STORAGE: FAA employees and other individuals SYSTEM NAME: Filing cabinet, Real Estate and who may appear with them in candid Administrators Correspondence Utilities Branch AAL–54. photographs. Control and Hotline Information System, ACCIS, Administrator’s Hotline CATEGORIES OF RECORDS IN THE SYSTEM: RETRIEVABILITY: Information System, AHIS, and Station location, unit numbers, name Biographical data; portrait and candid Consumer Hotline Information System, of employee, number of dependents, photographs. CHIS, Formerly Administrators pay period rental rate. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Correspondence Control and Hotline Information System.’’ SAFEGUARDS: 49 U.S.C. 106(f). Retrieved only by agency personnel SYSTEM LOCATION: PURPOSE(S): and used only in the conduct of official Correspondence files are located in Provide information to the public— business. Paper copy kept in a locked the Office of the Executive Secretariat, particularly the news media—and for file cabinet with two people having AOA–3, and Hotline files are located in use in employee publications. access to the key. Quarters Management the Hotline Operations Program Office, Information System, QMIS, is on only ROUTINE USES OF RECORDS MAINTAINED IN THE AOA–20. Both categories of records in one person’s computer and it requires a SYSTEM, INCLUDING CATEGORIES OF USERS AND the Washington headquarters offices of password to access this computer. THE PURPOSES OF SUCH USES: the Federal Aviation Administration, 800 Independence Ave., SW., RETENTION AND DISPOSAL: See Prefatory Statement of General Routine Uses. Washington, DC 20591. End of year reports are retained for 5 years. DISCLOSURE TO CONSUMER REPORTING SECURITY CLASSIFICATION: AGENCIES: Unclassified, sensitive. SYSTEM MANAGER(S) AND ADDRESS: None. Federal Aviation Administration, CATEGORIES OF INDIVIDUALS COVERED BY THE Housing Manager, AAL–50, 222 W. 7th POLICIES AND PRACTICES FOR STORING, SYSTEM: Ave., #14, Anchorage, AK 99513–7587. RETRIEVING, ACCESSING, RETAINING, AND Individuals who write, call (including DISPOSING OF RECORDS IN THE SYSTEM: HOTLINE calls), or are referred in NOTIFICATION PROCEDURE: STORAGE: writing by a second party, to the Same as ‘‘System manager.’’ Stored in file cabinets. Administrator, to the Deputy RECORD ACCESS PROCEDURES: Administrator, and their immediate RETRIEVABILITY: offices; individuals who write, call, or Same as ‘‘System manager.’’ Alphabetically by name, or are referred in writing by a second party CONTESTING RECORD PROCEDURES: publication date. to the Secretary, to the Deputy Same as ‘‘System manager.’’ Secretary, and their immediate offices SAFEGUARDS: and the correspondence which has been RECORD SOURCE CATEGORIES: These records are stored in filing referred to the Federal Aviation FAA Employees. Employees of other drawers that remain locked at all times. Administration; individuals who are the agencies that lease housing from FAA. There are two keyholders in the office; subject of an action requiring approval therefore, access to these drawers is or action by one of the forenamed, such EXEMPTIONS CLAIMED FOR THE SYSTEM: limited to these employees only on an as appeals, actions, training, awards, None. as-needed basis. foreign travel, promotions, selections,

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Access to Administration, 800 Independence resumes, letters of reference, etc; the records of the AHIS and CHIS is Avenue, SW., Washington, DC 20591. responses to such correspondence and limited to the staff of the Hotline Flight Standards District Offices, calls, staff recommendations on actions Operations Program Office. Information FSDOs. Certificate Management Offices, requiring approval or action by the is retrieved by means of a user ID and CMOs. Certificate Management Field Administrator, the Deputy password known only to each user. Offices, CMFOs. International Field Administrator, the Secretary, and the RETENTION AND DISPOSAL: Offices. Civil Aviation Security Field Deputy Secretary. Hotlines files contain Offices, CASFO’s. FAA regional offices. call records, correspondence, reports, The Administrators Correspondence Electronic enforcement litigation and related documents accumulated by Control and Information System hard tracking system records are located in the staff in the course of operation. copies are destroyed after the material is the offices of the Regional Counsel, microfilmed. Microfilm is retained Directorate Counsel and Chief Counsel. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: permanently. The Administrator’s 44 U.S.C. 3101. Hotline hard copies and magnetic CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: PURPOSE(S): records are destroyed after 5 years. The Correspondence files: Documentation Consumer Hotline hard copies and Current certificated airmen, airmen of the organization, functions, policies, magnetic records are destroyed after 2 whose certificates have expired, airmen decisions, procedures, and essential years. who are deceased, airmen rejected for medical certification, airmen with transactions of the agency and designed SYSTEM MANAGER(S) AND ADDRESS: to furnish the information necessary to special certification, and others Administrator’s Correspondence requiring medical certification. Air protect the legal and financial rights of control and Information System: the Government and of persons directly traffic controllers in air route traffic Director, Executive Secretariat, Office of control centers, terminals, and flight affected by the agency’s activities. the Administrator, AOA–3, Hotlines files: Documentation of calls service stations and applicants for these Administrator’s and Consumer Hotline positions. Holders of and applicants for made by agency employees and Systems: Manager, Hotline Operations consumers. airmen certificates, airmen seeking Program Office, AOA–20, Federal additional certifications or additional ROUTINE USES OF RECORDS MAINTAINED IN THE Aviation Administration, 800 ratings, individuals denied certification, SYSTEM, INCLUDING CATEGORIES OF USERS AND Independence Avenue, SW., airmen holding inactive certificates, THE PURPOSES OF SUCH USES: Washington, DC 20591. airmen who have had certificates Referral to the appropriate action NOTIFICATION PROCEDURE: revoked. Persons who are involved in office within or outside the Department aircraft accidents or incidents; pilots, or agency for preparation of a response. Same as ‘‘System manager.’’ crewmembers, passengers, persons on Referral, to the appropriate agency for RECORD ACCESS PROCEDURES: the ground, and witnesses. Individuals actions involving matters or law, of Same as ‘‘System manager.’’ against whom the Federal Aviation regulations beyond the responsibility of Administration has initiated the agency or Department, such as the CONTESTING RECORD PROCEDURES: administrative action or legal Department of Justice in matters of law Same as ‘‘System manager.’’ enforcement action for violation of enforcement. As a data source for certain Federal Aviation Regulations, management information, such as RECORD SOURCE CATEGORIES: FAR, or Department of Transportation briefing material on hearings, trend Correspondence, records of calls from Hazardous Materials Regulations, HMR. analysis, responsiveness, etc. See individuals, including HOTLINE calls, Prefatory Statement of General Routine their representatives, or sponsors. CATEGORIES OF RECORDS IN THE SYSTEM: Uses. Responses to incoming correspondence Name(s), date of birth, place of and records of calls. Related material for residence, mailing address, social DISCLOSURE TO CONSUMER REPORTING security number, and airman certificate AGENCIES: background as appropriate. number Records that are required to None. EXEMPTIONS CLAIMED FOR THE SYSTEM: determine the physical condition of an POLICIES AND PRACTICES FOR STORING, None. individual with respect to the medical RETRIEVING, ACCESSING, RETAINING, AND standards established by FAA. Records DISPOSING OF RECORDS IN THE SYSTEM: DOT/FAA 847 concerning applications for STORAGE: SYSTEM NAME: certification, applications for written Computer processable media, Aviation Records on Individuals examinations, results of written tests, microfilm, and hardcopy access to the (Formerly, General Air Transportation applications for inspection authority, records will be by means of Records on Individuals). certificates held, ratings, stop orders, identification numbers and passwords and requests for duplicate certificates. known only to the user and the system SECURITY CLASSIFICATION: Reports of fatal accidents, autopsies, managers. Unclassified, sensitive. toxicological studies, aviation medical examiner reports, medical record RETRIEVABILITY: SYSTEM LOCATION: printouts, nonfatal reports, injury Retrieved by control number, Federal Aviation Administration, reports, accident name cards, magnetic suspense date, correspondence date, FAA, Mike Monroney Aeronautical tape records of fatal accidents,

VerDate 202000 19:33 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00053 Fmt 4701 Sfmt 4703 E:\FR\FM\11APN2.SGM pfrm02 PsN: 11APN2 19528 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices physiological autopsy, and consulting POLICIES AND PRACTICES FOR STORING, enforcement information system data pathologist’s summary of findings. RETRIEVING, ACCESSING, RETAINING, AND bases for administrative and legal Records of accident investigations, DISPOSING OF RECORDS IN THE SYSTEM: enforcement actions: Manager, preliminary notices of accident injury STORAGE: Operational Systems Branch, AFS–620, reports, engineering analyses, witness Maintained in file folders, on lists and Official FAA enforcement files: The statements, investigators’ analyses, forms, and in computer processable Office of Chief Counsel, the Office of pictures of accident scenes. Records storage media. Records are also stored Regional Counsel, or the investigating concerning safety compliance notices, on microfiche and roll microfilm. FAA field office, as appropriate. The letters of warning, letters of correction, address of the appropriate FAA legal or letters of investigation, letters of RETRIEVABILITY: field office maintaining the official proposed legal enforcement action, final Name, birth date, social security agency enforcement file may be action legal documents in enforcement account number, airman certificate obtained from AFS–620. actions, correspondence of Regional number, or other identification number Counsels, Office of Chief Counsel, and ELECTRONIC ENFORCEMENT LITIGATION TRACKING of the individual on whom the records SYSTEM RECORDS: others in enforcement cases. Also are maintained. Sex. Accident number Offices of the Regional Flight Counsel, included are electronic enforcement and/or incident number, and Directorate counsel, and Chief Counsel. litigation tracking system records administrative action or legal Aviation medical certification records located in the Offices of the Regional enforcement numbers. Counsel, Directorate Counsel and Chief from regional files: Regional Flight Counsel. SAFEGUARDS: Surgeon within the region where Manual records: Strict information examination was conducted. Visit or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: handling procedures have been call the local FAA office in the area in 49 U.S.C. 40101, 40113, 44701, 44703. developed to cover the use, which you reside for any proper regional address. PURPOSE(S): transmission, storage, and destination of Issuance of airmen certificates by the personal data in hard copy form. These NOTIFICATION PROCEDURE: Federal Aviation Administration. are periodically reviewed for Same as ‘‘System manager.’’ compliance. Automated Processing ROUTINE USES OF RECORDS MAINTAINED IN THE (FAA Systems): Computer processing of RECORD ACCESS PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND personal information is conducted Same as ‘‘System manager.’’ THE PURPOSES OF SUCH USES: within established FAA computer (a) Provide basic airmen certification security regulations. A risk assessment CONTESTING RECORD PROCEDURES: and qualification information to the of the FAA computer facility used to Same as ‘‘System manager.’’ public upon request. (b) Disclose process this system of records has been RECORD SOURCE CATEGORIES: information to the National accomplished. Automated Processing Transportation Safety Board, NTSB, in (Commercial Computer Contractor): Medical Information: Information is connection with its investigation Computer programs operated on obtained from Aviation Medical responsibilities. (c) Provide information commercial security levels and record Examiners, individuals themselves, about airmen to Federal, state, and local element restrictions to prevent release of consultants, hospitals, treating or law enforcement agencies when engaged data to unauthorized parties. examining physicians, and other in the investigation and apprehension of Government agencies. Airmen drug-law violators. (d) Provide RETENTION AND DISPOSAL: Certification Records: Information is information about enforcement actions These records are destroyed or retired obtained from the individual to whom arising out of violations of the Federal to the area Federal Records Center and the records pertain, FAA aviation safety Aviation Regulations to government then destroyed in accordance with inspectors, and FAA designated agencies, the aviation industry, and the current version of FAA Order 1350.15, representatives. Written test scores are public upon request. (e) Disclose Records Organization, Transfer and derived from answers given by information to another Federal agency, Destruction Standards. The retention individuals. Actions filed by FAA or to a court or an administrative and destruction period for each record personnel. General Aviation Accident/ tribunal, when the Government or one varies depending on the type of record. Incident Records and Air Carrier of its agencies is a party to a judicial Incident Records: Information is proceeding before the court or involved SYSTEM MANAGER(S) AND ADDRESS: obtained from Aviation Medical in administrative proceedings before the The address for the system managers Examiners, pathologists, accident tribunal. (f) See Prefatory Statement of listed below is: Federal Aviation investigations, medical laboratories, law General Routine Uses. Administration, Mike Monroney enforcement officials, and FAA Aeronautical Center, PO Box 25082, employees. Data are also collected from DISCLOSURE TO CONSUMER REPORTING 6500 South MacArthur Blvd., Oklahoma manufacturers of aircraft, and involved AGENCIES: City, Oklahoma 73125. passengers. Administrative Action and Disclosures pursuant to 5 U.S.C. Legal Enforcement Records: Information 552a(b)(12): Disclosures may be made RECORDS CONCERNING AVIATION MEDICAL is obtained from witnesses, Regional CERTIFICATION: from these systems to ‘‘consumer Counsels, the National Transportation reporting agencies’’ (collecting on behalf Manager, Aeromedical Certification Safety Board, Civil Aviation Security of the United States Government) as Division, AAM–300, FAA certification personnel, Flight Standards personnel, defined in the Fair Credit Reporting Act records and general airman records: Aeronautical Center personnel, and the (15 U.S.C. 1681a(f)) or the Federal Manager, Airmen Certification Branch, Office of Chief Counsel. Claims Collection Act of 1982 (31 U.S.C. AFS–760, Records concerning aircraft 3701(a)(3)) and to debt collection accidents and incidents, Manager, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS agencies as defined by inference in the Operational Systems Branch, AFS–620, OF THE ACT: Federal Collection Act of 1966 (31 Records concerning administrative and Portions of this system are exempt U.S.C. 3711(f)(1)) as amended. legal enforcement action: FAA under 5 U.S.C. 552a(k)(2).

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DOT/FAA 851 SAFEGUARDS: ROUTINE USES OF RECORDS MAINTAINED IN THE Computer processing of information SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM NAME: would be conducted within established THE PURPOSES OF SUCH USES: Administration and Compliance FAA computer security regulations. A See Prefatory Statement of General Tracking in an Integrated Office risk assessment of the FAA computer Routine Uses. Routine use number 5 Network. facility used to process this system of does not apply to this system of records. SECURITY CLASSIFICATION records has been accomplished. : DISCLOSURE TO CONSUMER REPORTING Unclassified, sensitive. RETENTION AND DISPOSAL: AGENCIES: SYSTEM LOCATION: The FAA has requested a retention None. and disposal schedule to destroy 5 years Federal Aviation Administration, POLICIES AND PRACTICES FOR STORING, from creation date. That request is FAA, Office of Aviation Medicine, Drug RETRIEVING, ACCESSING, RETAINING, AND Abatement Division, 800 Independence pending approval from the National DISPOSING OF RECORDS IN THE SYSTEM: Avenue, SW., Washington, DC 20591. Archives and Records Administration, NARA. STORAGE: CATEGORIES OF INDIVIDUALS COVERED BY THE File folders in the Field Legal SYSTEM MANAGER(S) AND ADDRESS: SYSTEM: Services’ offices. Medical review officers, company Manager, Drug Abatement Division, RETRIEVABILITY: anti-drug program managers, other AAM–800, Office of Aviation Medicine, contact names, and individuals who call Federal Aviation Administration, 800 Names of individuals. Independence Avenue, SW., the FAA to self-disclose, who are SAFEGUARDS: directly involved in the implementation Washington, DC 20591. Only Office of Chief Counsel or Field and maintenance of drug and alcohol NOTIFICATION PROCEDURE: Legal Services employees and Office of testing programs in conjunction with Same as ‘‘System manager.’’ Motor Carrier and Highway Safety, the aviation industry. RECORD ACCESS PROCEDURES: OMCHS, employees have regular access CATEGORIES OF RECORDS IN THE SYSTEM: Same as ‘‘System manager.’’ to the files. Names, company and office telephone RETENTION AND DISPOSAL: numbers of program managers who are CONTESTING RECORD PROCEDURES: in charge of the everyday operation of Same as ‘‘System manager.’’ The records are retained for one year and then are generally sent to the local drug and alcohol testing programs for RECORD SOURCE CATEGORIES: aviation companies, other persons who Federal Records Centers for an FAA records. are contacts for facilities directly additional three-year period. involved in drug and alcohol testing for EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: the aviation industry, medical review None. FHWA, Office of Chief Counsel, 400 officers (physicians) who review test DOT/FHWA 204 Seventh Street, SW., Room 4224, results for the aviation companies, and Washington, DC 20590; FHWA Resource individuals with company name and SYSTEM NAME: Centers, Field Legal Services. telephone numbers who call the FAA to Federal Highway Administration, NOTIFICATION PROCEDURE: self-disclose non-compliance. FHWA, Motor Carrier Safety Proposed Same as ‘‘System manager.’’ AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Civil and Criminal Enforcement Cases, The Omnibus Transportation DOT/FHWA. RECORD ACCESS PROCEDURES: Employee Testing Act of 1991 (49 U.S.C. SECURITY CLASSIFICATION: Same as ‘‘System manager.’’ 45101–45106), 14 CFR part 61, et al. Unclassified—sensitive. CONTESTING RECORD PROCEDURES: PURPOSE(S): SYSTEM LOCATION: Same as ‘‘System manager.’’ Support the information resource, Office of Motor Carrier Enforcement, RECORD SOURCE CATEGORIES: reporting and archival needs of the Drug HMCE, 400 7th Street, SW., Room Abatement Division. 4432A, Washington, DC 20590. Individuals, motor carrier files, OMCHS file information as gathered by ROUTINE USES OF RECORDS MAINTAINED IN THE CATEGORIES OF INDIVIDUALS COVERED BY THE OMCHS investigators, etc. SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM: THE PURPOSES OF SUCH USES: Officers, agents or employees of motor EXEMPTIONS CLAIMED FOR THE SYSTEM: See Prefatory Statement of General carriers, including drivers who have 5 U.S.C. 552 (c)(3), (d), (e)(4)(G), (H), Routine Uses. been the subject of investigation for and (I), (f) to the extent they contain DISCLOSURE TO CONSUMER REPORTING Motor Carrier Safety regulation investigative material compiled for law AGENCIES: violations. enforcement purposes in accordance with 5 U.S.C. 552a(k)(2). None. CATEGORIES OF RECORDS IN THE SYSTEM:

POLICIES AND PRACTICES FOR STORING, Motor Carrier safety regulation DOT/FHWA 213 RETRIEVING, ACCESSING, RETAINING, AND violations and identifying features. SYSTEM NAME: DISPOSING OF RECORDS IN THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Driver Waiver/Exemption File. STORAGE: Motor Carrier Safety Act of 1984, 49 Maintained in an automated U.S.C. 521(b). SECURITY CLASSIFICATION: information system. Unclassified—sensitive. PURPOSE(S): RETRIEVABILITY: Decide enforcement action, and for SYSTEM LOCATION: Name of an individual or by a unique use as historical documents in case of Department of Transportation, Federal case file identifier. appeal. Highway Administration, FHWA, Office

VerDate 202000 19:33 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00055 Fmt 4701 Sfmt 4703 E:\FR\FM\11APN2.SGM pfrm02 PsN: 11APN2 19530 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices of Motor Carrier Research and RECORD ACCESS PROCEDURES: POLICIES AND PRACTICES FOR STORING, Standards, HMCS, 400 7th Street, SW., Same as ‘‘System manager.’’ RETRIEVING, ACCESSING, RETAINING, AND Washington, DC 20590; FHWA Resource DISPOSING OF RECORDS IN THE SYSTEM: Centers. CONTESTING RECORD PROCEDURES: STORAGE: Same as ‘‘System manager.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE Open advances are maintained on a 5 x 8 inch form. In an automated travel SYSTEM: RECORD SOURCE CATEGORIES: management system, no advance is Operators of interstate commercial Application for Waiver or Waiver required (i.e., paperless). motor vehicles that transport certain Renewal. commodities. RETRIEVABILITY: EXEMPTIONS CLAIMED FOR THE SYSTEM: Indexed by name. CATEGORIES OF RECORDS IN THE SYSTEM: None. Applications for waiver (usually SAFEGUARDS: involving physical disability); final DOT/FHWA 215 Locked file cabinet. disposition of request for waiver; and waiver renewal. SYSTEM NAME: RETENTION AND DISPOSAL: Travel Advance File. The files are retained for 6 years and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 3 months after period covered by Motor Carrier Safety Act of 1984 (49 SECURITY CLASSIFICATION: account, pursuant to General Records U.S.C. 31136(e) and TEA–21 (49 U.S.C. Unclassified—sensitive. Schedule 6. 31315). SYSTEM LOCATION: SYSTEM MANAGER(S) AND ADDRESS: PURPOSE(S): Department of Transportation, Federal Department of Transportation, Federal Monitor drivers of commercial motor Highway Administration, FHWA, Office Highway Administration, Office of vehicles who operate in interstate of Budget and Finance, 400 Seventh Budget and Finance, HABF, Team commerce and have been identified as Street, SW., Washington, DC 20590; Leader, Travel Policy and Operations, physically impaired. Federal Aviation Administration, 400 Seventh Street, SW., Washington, DC 20590. ROUTINE USES OF RECORDS MAINTAINED IN THE Southern Region, Travel and SYSTEM, INCLUDING CATEGORIES OF USERS AND Transportation Section, ASO–22A, NOTIFICATION PROCEDURE: THE PURPOSES OF SUCH USES: Campus Building, Room C–210E, 1701 Same as ‘‘System manager.’’ See Prefatory Statement of General Columbia Avenue, College Park, GA RECORD ACCESS PROCEDURES: Routine Uses. Routine use number 5 is 30337; and the FHWA Federal Lands not applicable to this system of records. Division Offices (Eastern, Central, and Same as ‘‘System manager.’’ Western). CONTESTING RECORD PROCEDURES: DISCLOSURE TO CONSUMER REPORTING AGENCIES: CATEGORIES OF INDIVIDUALS COVERED BY THE Same as ‘‘System manager.’’ SYSTEM: None. RECORD SOURCE CATEGORIES: Employees who are not eligible for the POLICIES AND PRACTICES FOR STORING, contractor-issued credit card and other Individuals on whom the records are RETRIEVING, ACCESSING, RETAINING, AND groups of employees, and first-duty maintained. DISPOSING OF RECORDS IN THE SYSTEM: hires. EXEMPTIONS CLAIMED FOR THE SYSTEM: STORAGE: CATEGORIES OF RECORDS IN THE SYSTEM: None. The records are maintained in file folders in file cabinets. Record of travel advances and DOT/FHWA 216 repayments. SYSTEM NAME: RETRIEVABILITY: AUTHORITY FOR MAINTENANCE OF SYSTEM: The records are filed by driver’s Travel Authorization and Voucher— name. 5 U.S.C. 5707; 41 CFR part 301. Relocation Allowances (First Duty or Permanent Change of Station). SAFEGUARDS: PURPOSE(S): SECURITY CLASSIFICATION: Controlling the repayments of travel Files are classified as sensitive and Unclassified—sensitive. are regularly accessible only by advances to FHWA personnel. designated employees within the SYSTEM LOCATION: Resource Centers and Office of Motor ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Department of Transportation, Federal Carrier and Highway Safety. THE PURPOSES OF SUCH USES: Highway Administration, FHWA, Office of Budget and Finance, HABF, 400 RETENTION AND DISPOSAL: See Prefatory Statement of General Seventh Street, SW., Washington, DC Routine Uses. The files are retained while the driver 20590; Federal Aviation Administration, waivers are active. The inactive driver DISCLOSURE TO CONSUMER REPORTING MMAC Travel and Transportation waiver files are purged every 3 years. AGENCIES: Branch, AMZ–130, 6500 So. MacArthur SYSTEM MANAGER(S) AND ADDRESS: Disclosures pursuant to 5 U.S.C. Blvd., Oklahoma City, OK 73169. Department of Transportation, Federal 552a(b)(12): Disclosures may be made CATEGORIES OF INDIVIDUALS COVERED BY THE Highway Administration, Office of from this system to ‘‘consumer reporting SYSTEM: Motor Carrier Research and Standards, agencies’’ (collecting on behalf of the First duty and permanent change of HMCS, 400 Seventh Street, SW., United States Govt.) as defined in the station employees within the FHWA. Washington, DC 20590. Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims CATEGORIES OF RECORDS IN THE SYSTEM: NOTIFICATION PROCEDURE: Collection Act of 1982 (31 U.S.C. Travel voucher(s), copies of third Same as ‘‘System manager.’’ 3701(a)(3)). party payments (i.e., Government Bill of

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Lading, GBL, carrier bills, contractor CONTESTING RECORD PROCEDURES: RETENTION AND DISPOSAL: invoice(s) for services, Administrative Same as ‘‘System manager.’’ Transfer to the Federal Records Center Notices (i.e., adjustment(s) to vouchered when 3 years old. Destroy 6 years and claim, taxable and non-taxable income, RECORD SOURCE CATEGORIES: 3 months after period covered by the withholding tax allowance(s), if Individuals on whom the records are account. applicable, taxes withheld), and IRS maintained. SYSTEM MANAGER(S) AND ADDRESS: 4782’s (Summary of Calendar Year of EXEMPTIONS CLAIMED FOR THE SYSTEM: All Reimbursements, including taxes Department of Transportation, Federal None. withheld). Highway Administration, Office of DOT/FHWA 217 Budget and Finance, HABF, Chief, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Accounting Team, 400 Seventh Street, 5 U.S.C. 5707; 41 CFR part 302. SYSTEM NAME: SW., Washington, DC 20590. Accounts Receivable. PURPOSE(S): NOTIFICATION PROCEDURE: Support the payments to employees SECURITY CLASSIFICATION: Same as ‘‘System manager.’’ and serves as support for updated Unclassified—sensitive. RECORD ACCESS PROCEDURES: employee earnings records. SYSTEM LOCATION: Same as ‘‘System manager.’’ ROUTINE USES OF RECORDS MAINTAINED IN THE Department of Transportation, Federal CONTESTING RECORD PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND Highway Administration, Office of THE PURPOSES OF SUCH USES: Same as ‘‘System manager.’’ Budget and Finance, HABF, 400 See Prefatory Statement of General Seventh Street, SW., Washington, DC RECORD SOURCE CATEGORIES: Routine Uses. 20590. Employer. DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF INDIVIDUALS COVERED BY THE EXEMPTIONS CLAIMED FOR THE SYSTEM: AGENCIES: SYSTEM: None. Disclosures pursuant to 5 U.S.C. Individuals indebted to the Federal 552a(b)(12): Disclosures may be made Highway Administration. DOT/FRA 106 from this systems to ‘‘ consumer reporting agencies’’ (collecting on behalf CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM NAME: of the United States Govt.) as defined in Amount of indebtedness. Occupational Safety and Health the Fair Credit Reporting Act (15 U.S.C. Reporting System. 1681a(f)) or the Federal Claims AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SECURITY CLASSIFICATION: Collection Act of 1982 (31 U.S.C. 5 U.S.C. 301. Unclassified, Sensitive. 3701(a)(3)). PURPOSE(S): SYSTEM LOCATION: POLICIES AND PRACTICES FOR STORING, Monitor and control accounts RETRIEVING, ACCESSING, RETAINING, AND receivable and support bills of Department of Transportation, DOT, DISPOSING OF RECORDS IN THE SYSTEM: collection issued to debtors of the Federal Railroad Administration, FRA, Office of Administration, Office of STORAGE: Federal Highway Administration. Safety, Office of Safety Assurance and Maintained on an 8 x 10 inch form in ROUTINE USES OF RECORDS MAINTAINED IN THE Compliance, RRS–12, 1120 Vermont file folders. SYSTEM, INCLUDING CATEGORIES OF USERS AND Avenue, NW., Stop 25 Washington DC THE PURPOSES OF SUCH USES: RETRIEVABILITY: 20590–0001 The files are indexed by name. See Prefatory Statement of General Routine Uses. CATEGORIES OF INDIVIDUALS COVERED BY THE SAFEGUARDS: SYSTEM: DISCLOSURE TO CONSUMER REPORTING FRA employees (injuries and Supervised by the Team Leader, AGENCIES: Travel Policy and Operations in FHWA illnesses) FRA employees involved in Disclosures pursuant to 5 U.S.C. and the Division Manager, Financial government property accidents. 552a(b)(12): Disclosures may be made Operations in FAA. from this systems to ‘‘consumer CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: reporting agencies’’ (collecting on behalf Federal Occupation Injuries and Destroy after 6 years, pursuant to of the United States Govt.) as defined in Illnesses Survey (Standard Form General Records Schedule 9. the Fair Credit Reporting Act (15 U.S.C. OSHA–102) Departmental Accident/ 1681a(f)) or the Federal Claims Injury Reports DOT Forms 3902 1. SYSTEM MANAGER(S) AND ADDRESS: Collection Act of 1982 (31 U.S.C. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department of Transportation, Federal 3701(a)(3)). Highway Administration, Office of Occupational Safety and Health Act of Budget and Finance, HABF, Team POLICIES AND PRACTICES FOR STORING, Employees, (Executive Order 12196); RETRIEVING, ACCESSING, RETAINING, AND Leader, Travel Policy and Operations, Basic Program Elements for Federal DISPOSING OF RECORDS IN THE SYSTEM: 400 Seventh Street, SW., Washington, Employee Occupational Safety and DC 20590; and Division Manager, STORAGE: Health Programs and Related Matters, MMAC Travel and Transportation Maintained in file folders and loose- (Title 29 CFR part 1960); Management of Branch, AMZ–130, 6500 MacArthur leaf binders. Building and Grounds, (Title 41 CFR Blvd., Oklahoma City, OK 73169. parts 101–20); and Occupational Safety RETRIEVABILITY: and Management Program (DOT Order NOTIFICATION PROCEDURE: Filed by name. 3902.7A). Same as ‘‘System manager.’’ SAFEGUARDS: PURPOSE(S): RECORD ACCESS PROCEDURES: Supervised by Chief, Accounting To track employees injuries, illnesses, Same as ‘‘System manager.’’ Team. and accidents involved in government

VerDate 202000 19:33 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00057 Fmt 4701 Sfmt 4703 E:\FR\FM\11APN2.SGM pfrm02 PsN: 11APN2 19532 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices property to develop causative trends, SYSTEM LOCATION: facilities or trackage rights in order to accident prevention policies, and Department of Transportation, DOT, give those entities information they may correct safety items. Federal Railroad Administration, Office need to assist in preventing a recurrence of the Chief Counsel, Safety Law of noncompliance. To be reviewed by ROUTINE USES OF RECORDS MAINTAINED IN THE Division, RCC–10, 1120 Vermont the Safety Division and to form the SYSTEM, INCLUDING CATEGORIES OF USERS AND basis, or support for, civil and/or THE PURPOSE OF SUCH USES: Avenue, NW., Stop 10, Washington, DC 20590–0001. Each Regional Office and criminal enforcement actions against the Maintain accident records per Department of Transportation, DOT, individuals involved. The general departmental orders. Provide data to Federal Railroad Administration, Office routine uses in the prefatory statement Office of the Secretary. Develop of Safety Assurance and Compliance, apply to all of these files. causative trends Use for corrective RRS–10, 1120 Vermont Avenue, NW., DISCLOSURE TO CONSUMER REPORTING accident prevention. See Prefatory Stop 25, Washington, DC 20590–0001. Statement of General Routine Uses. AGENCIES: CATEGORIES OF INDIVIDUALS COVERED BY THE Disclosures pursuant to 5 U.S.C. DISCLOSURE TO CONSUMER REPORTING SYSTEM: 552a(b)(12): Disclosures may be made AGENCIES: Individuals that have allegedly failed from this systems to A consumer Disclosures pursuant to 5 U.S.C. to comply with certain railroad safety reporting agencies (collecting on behalf 552a(b)(12): Disclosures may be made statutes and regulations. of the United States Government) as from this System to Aconsumer defined in the Fair Credit Reporting Act reporting agencies (collecting on behalf CATEGORIES OF RECORDS IN THE SYSTEM: (15 U.S.C. 1681a(f)) or the Federal of the United States Government) as Facts and circumstances surrounding Claims Collection Act of 1982 (31 U.S.C. defined in the Fair Credit Reporting Act alleged rail safety violations by 3701(a)(3)). (15 U.S.C. 1681a(f) or the Federal individuals; recommendations for Claims Collection Act of 1982(31 U.S.C. enforcement actions; and enforcement POLICIES AND PRACTICES FOR STORING, 3701(a)(3). cases. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: POLICIES AND PRACTICES FOR STORING, STORAGE: RETRIEVING, ACCESSING, RETAINING, AND Hazardous Materials Transportation DISPOSING OF RECORDS IN THE SYSTEM: File folders, file cabinets and an Act (49 App. U.S.C. 1801 et seq.); Safety automated tracking system. STORAGE: Appliance Acts, (45 U.S.C. 1–16); Maintained on copies of basic Locomotive Inspection Act, (45 U.S.C. RETRIEVABILITY: documents. 22–34); Accident Reports Act, (45 U.S.C. Records are retrievable by name of 38–43); Hours of Service Act, (45 U.S.C. individual and/or his or her employer. RETRIEVABILITY: 61–64a); Signal Inspection Act, (49 App. SAFEGUARDS: By name. U.S.C. 26); Federal Railroad Safety Act of 1970 (45 U.S.C. 421 et seq.); 18 U.S.C. Access limited to authorized officials. SAFEGUARDS: 1001; and Rail Safety Improvement Act Manual records are maintained in file Physical security consists of file of 1988 (Pub. L. 100–342). cabinets that are locked after working drawer with data; records provide to hours. Automated records are password PURPOSE(S): authorized individuals by FRA Safety protected. Manager after physical Screening. To provide information concerning enforcement actions for violations of RETENTION AND DISPOSAL: RETENTION AND DISPOSAL: safety statutes and regulations to Appropriate records retention FRA Safety Manager, Department of government agencies and the regulated schedules will be applied and disposal Transportation Federal Railroad industry in order to provide them with will be by shredding. Certain automated Administration, Office of information necessary to carry out their records will be retained indefinitely to Administration, Office of Safety responsibilities, and to the public in provide complete compliance histories. Assurance and Compliance, RRS–12, order to increase the deterrent effect of SYSTEM MANAGER(S) AND ADDRESS: 1120 Vermont Avenue, NW., Stop 25, the actions and keep the public apprised Enforcement Case System Manager, Washington DC 20590–0001. of how the laws are being enforced. Department of Transportation, Federal Determine whether cases should be NOTIFICATION PROCEDURE: Railroad Administration, Office of the forwarded to the Office of Chief Counsel Chief Counsel, Safety Law Division, Same as ‘‘System manager.’’ for prosecution and to otherwise RCC–10, 1120 Vermont Avenue, NW., accomplish the mission of the Office of CONTESTING RECORD PROCEDURES: Stop 10, Washington, DC 20590–0001. Safety. Same as ‘‘System manager.’’ NOTIFICATION PROCEDURE: ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD SOURCES CATEGORIES: SYSTEM, INCLUDING CATEGORIES OF USERS AND Inquiries should be directed to: Documents provided by the THE PURPOSES OF SUCH USES: Federal Railroad Administration, individual. Disclose pertinent information to any Assistant Chief Counsel, Safety Law source from which additional Division, Office of the Chief Counsel, EXEMPTIONS CLAIMED FOR THE SYSTEM: information is requested in the course of 1120 Vermont Avenue, NW., Stop 10, None. conducting an investigation to the Washington, DC 20590–0001. DOT/FRA 130 extent necessary to identify the RECORD ACCESS PROCEDURES: purpose(s) of the request and identify Contact (202) 493–6053 or write to the SYSTEM NAME: the information requested. Provide System Manager for information on Enforcement Case System. notice of the investigation and its procedures for gaining access to records. outcome to the individual’s employing SECURITY CLASSIFICATION: railroad or shipper, or other railroad CONTESTING RECORD PROCEDURES: Unclassified, sensitive. related to the case through joint Same as ‘‘record access procedure.’’

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RECORD SOURCE CATEGORIES: distribution of pay according to accordance with the fiscal record Information is obtained directly from employee directions for saving bonds, programs approved by GAO, as the individual or from other persons allotments, and other authorized appropriate, or General Record with personal knowledge of the facts purposes. Schedules of GSA. Dispose of when 3 and circumstances involved. years old ROUTINE USES OF RECORDS MAINTAINED IN THE EXEMPTIONS: SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM MANAGER(S) AND ADDRESS: None. THE PURPOSES OF SUCH USES: Chief, Division of Accounting Reporting: Tax withholding to Operations, MAR–330, Maritime DOT/MARAD 1 Internal Revenue Service and Administration, 400 7th Street, SW., SYSTEM NAME: appropriate state and local taxing Washington, DC 20590. authorities; FICA deductions to the Attendance, Leave and Payroll Social Security Administration; dues NOTIFICATION PROCEDURE: Records of Employees and Certain Other deduction to labor unions; withholding Division of General and International Persons. for health and life insurance to the Law, Office of the Chief Counsel, MAR– SECURITY CLASSIFICATION: insurance carriers and the United States 221, Maritime Administration, 400 7th Unclassified, sensitive. Office of Personnel Management; Street, SW., Washington, DC 20590. charity contribution deductions to RECORD ACCESS PROCEDURES: SYSTEM LOCATION: agents of charitable institutions; annual Same as ‘‘Notification procedure.’’ Maritime Administration, Division of W–2 statements to taxing authorities Accounting Operations, MAR–330, 400 and the individual; wage, employment, CONTESTING RECORD PROCEDURES: 7th Street, SW., Room 7325, and separation information to state Same as ‘‘Notification procedure.’’ Washington, DC 20590. unemployment compensation agencies, to the Department of Labor to determine RECORD SOURCE CATEGORIES: CATEGORIES OF INDIVIDUALS COVERED BY THE The individual. Those authorized by SYSTEM: eligibility for unemployment compensation, and to housing individual to furnish information. All Maritime Administration authorities for low-cost housing Supervisors. Timekeepers. Personnel employees and certain other employees. applications; injury compensation Offices. IRS. CATEGORIES OF RECORDS IN THE SYSTEM: claims to Office of Workers EXEMPTIONS CLAIMED FOR THE SYSTEM: Name, date of birth, social security Compensation Program at the None. number and employee number, service Department of Labor. See Prefatory computation date, grade, step, and Statement of General Routine Uses. DOT/MARAD 2 salary; organization (code), retirement or DISCLOSURE TO CONSUMER REPORTING SYSTEM NAME: FICA data, as applicable; federal, state, AGENCIES: Accounts Receivable. and local tax deductions, as appropriate; Disclosures pursuant to 5 U.S.C. optional Government life insurance 552a(b)(12): Disclosures may be made SECURITY CLASSIFICATION: deduction(s), health insurance from this systems to ‘consumer Unclassified, sensitive. deduction and plan or code; cash award reporting agencies’ (collecting on behalf data; jury duty data; military leave data; SYSTEM LOCATION: of the United States Govt.) as defined in Maritime Administration, Division of pay differentials; union dues the Fair Credit Reporting Act (15 U.S.C. deductions; allotments, by type and Accounting Operations, MAR–330, 400 1681a(f)) or the Federal Claims 7th Street, SW., Washington, DC 20590. amount; financial institution code and Collection Act of 1982 (31 U.S.C. employee account number; leave status 3701(a)(3)). CATEGORIES OF INDIVIDUALS COVERED BY THE and leave data of all types (including SYSTEM: POLICIES AND PRACTICES FOR STORING, annual, compensatory, jury duty, Debtors owing money to MARAD, maternity, military retirement RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: including employees, former employees, advisability, sick, transferred, absence business firms, general public and without leave, and without pay); time STORAGE: institutions. and attendance records including Manual and automated. number of regular, overtime, holiday, CATEGORIES OF RECORDS IN THE SYSTEM: Sunday, and other hours worked; pay RETRIEVABILITY: Name and address; amount owed, and period number and ending date; cost of By name or social security number. service, overpayment or other living allowances; mailing address; co- accounting therefore; invoice number, if SAFEGUARDS: owner and/or beneficiary of bonds, any. marital status and number of Physical, technical, and dependents; and ‘‘Notification of administrative security is maintained, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Personnel Action.’’ The individual with all storage equipment and/or 5 U.S.C. 5701–09, Federal Property records listed herein are included only rooms locked when not in use. Management Regulation 101–7, as pertinent or applicable to the Admittance, when open, is restricted to Treasury Fiscal Requirements Manual individual employee. authorized personnel only. All payroll 31 U.S.C. 3711. personnel and computer operators and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: programmers are instructed and PURPOSE(S): 5 U.S.C. 5101–5115, 31 U.S.C. 3512. cautioned on the confidentiality of the Billing debtors, reporting delinquent records. debts to credit bureaus, referrals to the PURPOSE(S): General Accounting Office and the Transmittal of data to United States RETENTION AND DISPOSAL: Department of Justice, reporting to Treasury and employee-designated Retained on site until after GAO Office of Personnel Management for financial institutions to effect issuance audit, then disposed of, or transferred to liquidating debts from retirement and of paycheck to employees and Federal Records Storage Center in other benefits.

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ROUTINE USES OF RECORDS MAINTAINED IN THE SECURITY CLASSIFICATION: authorization approved by the Archivist SYSTEM, INCLUDING CATEGORIES OF USERS AND Unclassified, sensitive. of the United States. THE PURPOSES OF SUCH USES: See Prefatory Statement of General SYSTEM LOCATION: SYSTEM MANAGER(S) AND ADDRESS: Routine Uses. Division of General Law and Chief, Division of General and International Law, Office of the Chief International Law, Office of the Chief DISCLOSURE TO CONSUMER REPORTING Counsel; and Office of the Secretary; Counsel, Maritime Administration, 400 AGENCIES: Maritime Administration, 400 7th 7th Street, SW., Washington, DC 20590. Disclosures pursuant to 5 U.S.C. Street, SW., Washington, DC 20590. 552a(b)(12): Disclosures may be made NOTIFICATION PROCEDURE: from this systems to ‘consumer CATEGORIES OF INDIVIDUALS COVERED BY THE Same as ‘‘System manager.’’ reporting agencies’ (collecting on behalf SYSTEM: of the United States Govt.) as defined in Individuals who have requested RECORD ACCESS PROCEDURES: the Fair Credit Reporting Act (15 U.S.C. records under the Freedom of Same as ‘‘System manager.’’ 1681a(f)) or the Federal Claims Information and/or Privacy Acts. CONTESTING RECORD PROCEDURES: Collection Act of 1982 (31 U.S.C. CATEGORIES OF RECORDS IN THE SYSTEM: 3701(a)(3)). Same as ‘‘System Manager.’’ Incoming requests; correspondence POLICIES AND PRACTICES FOR STORING, developed during processing of RECORD SOURCE CATEGORIES: RETRIEVING, ACCESSING, RETAINING, AND requests; initial and final determination The individual. Records derived from DISPOSING OF RECORDS IN THE SYSTEM: letters; records summarizing pertinent processing Freedom of Information and STORAGE: facts about requests and action taken; Privacy Act requests. copy or description of records released; Manual. EXEMPTIONS CLAIMED FOR THE SYSTEM: description of records denied. Copies of RETRIEVABILITY: records denied are often kept with these None. By name, and invoice number as files. DOT/MARAD 4 appropriate. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM NAME: SAFEGUARDS: 5 U.S.C. 552, 552a. Visitor Logs and Permits for Facilities Physical security; handling by PURPOSE(S): Under MARAD Control. authorized personnel only. Used by DOT and MARAD SECURITY CLASSIFICATION: RETENTION AND DISPOSAL: management and legal personnel to Unclassified, sensitive. Retained until payment is received assure that each request receives an and account is audited, and then appropriate reply and to compile data SYSTEM LOCATION: disposed of in accordance with Records for the required annual reports on Department of Administrative Service Control Schedule. Disposed of when 3 activities under the Acts. and Procurement, United States years old. ROUTINE USES OF RECORDS MAINTAINED IN THE Merchant Marine Academy, Kings SYSTEM, INCLUDING CATEGORIES OF USERS AND Point, NY 11024. James River Reserve SYSTEM MANAGER(S) AND ADDRESS: THE PURPOSES OF SUCH USES: Fleet, Drawer ‘‘C’’, Fort Eustis Virginia Chief, Division of Accounting See Prefatory Statement of General 23604; Beaumont Reserve Fleet, PO Box Operations, Maritime Administration, Routine Uses. 6355, Beaumont, Texas 77705; Suisun 400 7th Street, SW., Washington, DC Bay Reserve Fleet, PO Box 318, Benicia, 20590. DISCLOSURE TO CONSUMER REPORTING California 94510. AGENCIES: NOTIFICATION PROCEDURE: None. CATEGORIES OF INDIVIDUALS COVERED BY THE Division of General Law and SYSTEM: International Law, Office of the Chief POLICIES AND PRACTICES FOR STORING, Non-Federal visitors, Federal Counsel, Maritime Administration, 400 RETRIEVING, ACCESSING, RETAINING, AND personnel entering facilities after duty 7th Street, SW., Washington, DC 20590. DISPOSING OF RECORDS IN THE SYSTEM: hours, and employees seeking parking STORAGE: and firearm permits. RECORD ACCESS PROCEDURES: Paper records in file folders. Same as Notification procedure. CATEGORIES OF RECORDS IN THE SYSTEM: RETRIEVABILITY: Name, address, place of birth, CONTESTING RECORD PROCEDURES: Chronologically by date of initial citizenship, physical characteristics, Same as Notification procedure. determination. By name of requester type and number of firearms and RECORD SOURCE CATEGORIES: and date. amount of ammunition, purpose of visit, The individual. Those authorized by affiliation, time in and time out, license SAFEGUARDS: numbers, and records of violations. the individual to furnish information. Privacy Act request records are stored Contracting officer as appropriate. in file cabinets in secured premises with AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Accounting records. access limited to those whose official 50 App U.S.C. 1744, 46 App U.S.C. EXEMPTIONS CLAIMED FOR THE SYSTEM: duties require access. Freedom of 1111, and 46 App U.S.C. 1114. Information Act request records are None. PURPOSE(S): generally available to the public with DOT/MARAD 3 the exception of records denied. To keep records of non-Federal visitors, Federal personnel entering SYSTEM NAME: RETENTION AND DISPOSAL: facilities after duty hours, and Freedom of Information and Privacy Records are disposed of in accordance employees seeking parking and firearm Request Records. with the appropriate record disposition permits.

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ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM LOCATION: of according to unit’s Records Control SYSTEM, INCLUDING CATEGORIES OF USERS AND Division of Accounting Operations, Schedule. Destroy when 3 years old or THE PURPOSES OF SUCH USES: Maritime Administration, MAR–330, upon separation of the bearer, See Prefatory Statement of General 400 7th Street, SW., Washington, DC whichever is sooner. Routine Uses. 20590; United States Merchant Marine SYSTEM MANAGER(S) AND ADDRESS: Academy Travel Clerk, United States DISCLOSURE TO CONSUMER REPORTING Chief, Division of Accounting AGENCIES: Merchant Marine Academy, Kings Point, New York 11024. Operations, MAR–330, Maritime None. Administration, 400 7th Street, SW., CATEGORIES OF INDIVIDUALS COVERED BY THE Washington, DC 20590; United States POLICIES AND PRACTICES FOR STORING, SYSTEM: Merchant Marine Academy Travel RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Employees, Consultants, Advisory Clerk, United States Merchant Marine Committee Members, and official Academy, Kings Point, NY 11024. STORAGE: requests of the Department. Paper records in file folders. NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: Division of General and International RETRIEVABILITY: Name, address, social security Law, Office of the Chief Counsel, Filed alphabetically by name, or date number, destination, itinerary, mode Maritime Administration, 400 7th and time. and purpose of travel; dates; expenses Street, SW., Washington, DC 20590. including amounts advanced (if any), RECORD ACCESS PROCEDURES: SAFEGUARDS: amounts claimed, and amounts Records are located in lockable metal reimbursed; travel orders, travel Same as Notification Procedure. file cabinets or in metal file cabinets in vouchers, receipts, and passport record CONTESTING RECORD PROCEDURES: secured rooms or secured premises with card. Same as Notification Procedure. access limited to those whose official AUTHORITY FOR MAINTENANCE OF THE SYSTEM: duties require access. RECORD SOURCE CATEGORIES: 13 U.S.C. 3701(a)(3). The individual. Those authorized by RETENTION AND DISPOSAL: the individual to furnish information. Retained on site for five years, then PURPOSE(S): Transmittal to United States Treasury Supervisors. Finance (or accounting) disposed of in accordance with unit’s office standard references. Record Control Schedule. Destroy 5 for payment, to State Department for years after final entry or 5 years after passports. EXEMPTIONS CLAIMED FOR THE SYSTEM: date of document, as appropriate. ROUTINE USES OF RECORDS MAINTAINED IN THE None. SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM MANAGER(S) AND ADDRESS: DOT/MARAD 6 THE PURPOSES OF SUCH USES: Superintendent of respective Reserve See Prefatory Statement of General SYSTEM NAME: Fleets and Chief, Fire and Security, Routine Uses. United States Merchant Marine Executive Correspondence Files. Academy, Kings Point, New York DISCLOSURE TO CONSUMER REPORTING SECURITY CLASSIFICATION: 11024–1699. AGENCIES: Unclassified—Sensitive. Disclosures pursuant to 5 U.S.C. NOTIFICATION PROCEDURE: 552a(b)(12): Disclosures may be made SYSTEM LOCATION: Division of General and International from this systems to ‘consumer Office of Maritime Administrator, Law, Office of the Chief Counsel, reporting agencies’ (collecting on behalf MAR–100, Maritime Administration, Maritime Administration, MARB221, of the United States Govt.) as defined in 400 7th Street, SW., Washington, DC 400 7th Street, SW., Washington, DC the Fair Credit Reporting Act (15 U.S.C. 20590. 20590. 1681a(f)) or the Federal Claims CATEGORIES OF INDIVIDUALS COVERED BY THE RECORD ACCESS PROCEDURES: Collection Act of 1982 (31 U.S.C. SYSTEM: 3701(a)(3)). Same as ‘‘Notification procedure.’’ Individuals who correspond with top- POLICIES AND PRACTICES FOR STORING, level officials in MARAD and express CONTESTING RECORD PROCEDURES: RETRIEVING, ACCESSING, RETAINING, AND views or seek information or assistance. Same as ‘‘Notification procedure.’’ DISPOSING OF RECORDS IN THE SYSTEM: Freedom of Information Act or Privacy Act requests is not indexed in this RECORD SOURCE CATEGORIES: STORAGE: system. The individual. Those authorized by Manual. CATEGORIES OF RECORDS IN THE SYSTEM: the individual to furnish information. RETRIEVABILITY: Employees. The system may include the name Filed by name, social security and address of correspondent, summary EXEMPTIONS CLAIMED FOR THE SYSTEM number, or travel order number. : of subject matter, original None. SAFEGUARDS: correspondence, official response, DOT/MARAD 5 Records are located in lockable metal referral letters, memoranda or notes file cabinets or in secured rooms or concerning subject of the SYSTEM NAME: secured premises with access limited to correspondence, or copies of any Travel Records (Domestic and those whose official duties require enclosures. The records in the system Foreign) of Employees and Certain access. are arranged chronologically by date of Other Persons. official Agency action, numerically by RETENTION AND DISPOSAL: control number assigned to each items SECURITY CLASSIFICATION: Retained according to GSA Federal of correspondence and by name of Unclassified, sensitive. Travel Regulations, and then disposed correspondent.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM: processing the correspondence, and secured rooms or secured premises with 5 U.S.C. 301; 49 U.S.C. 322. other individuals, as required to prepare access limited to those whose official an appropriate response. duties require access. PURPOSE(S): To prepare statistical reports for EXEMPTIONS CLAIMED FOR THE SYSTEM: RETENTION AND DISPOSAL: management on correspondence volume None. Destroyed 5 years after date of or topics of public interest. DOT/MARAD 7 document. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM NAME: SYSTEM MANAGER(S) AND ADDRESS: SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Litigation, Claims and Administrative Chief Counsel, Maritime Proceeding Records. Used by personnel in the Office of the Administration, MAR–220, 400 Seventh Street, SW., Washington, DC 20590. Maritime Administrator and SECURITY CLASSIFICATION: administrative offices to assure that Unclassified, sensitive. NOTIFICATION PROCEDURE: each request receives an appropriate Division of General and International and timely reply. Information from or SYSTEM LOCATION: Law, Office of the Chief Counsel, copies of the records may be provided Office of Chief Counsel, MAR–220, Maritime Administration, MAR–226, to the original addresses of the original Maritime Administration, 400 Seventh 400 Seventh Street, SW., Washington, correspondence. See Prefatory Street, SW., Washington, DC 20590. DC 20590. Statement of General Routine Uses. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: RECORD ACCESS PROCEDURES DISCLOSURE TO CONSUMER REPORTING : AGENCIES: Individuals the subject of any Same as ‘‘Notification procedure.’’ None. litigation which MARAD is involved; individuals who make administrative CONTESTING RECORD PROCEDURES: POLICIES AND PRACTICES FOR STORING, claims or appeals against MARAD; Same as ‘‘Notification Procedure.’’ RETRIEVING, ACCESSING, RETAINING, AND individuals who are the subjects of DISPOSING OF RECORDS IN THE SYSTEM: claims and administrative actions RECORD SOURCE CATEGORIES: STORAGE: brought by MARAD; individuals who Subject claimant or plaintiff. Those Maintained in paper form. may have provided statements or other authorized by the foregoing to furnish evidence with respect to any of the information. Whatever other sources are RETRIEVABILITY: above. pertinent to the nature of the case. By control number, by CATEGORIES OF RECORDS IN THE SYSTEM: correspondent’s name, by subject, and SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS by date. Names, addresses, social security OF THE ACT: account numbers, statements of claims Pursuant to 5 U.S.C. 552a(k)(1), (k)(2) SAFEGUARDS: and analysis thereof, investigatory and (k)(5), this system is exempt from Paper records are stored in file reports, opinion of law, and pleadings, portions of the act. cabinets on secured premises with motions, depositions, rulings, opinions access limited to personnel whose citation particulars (description of EXEMPTIONS CLAIMED FOR THE SYSTEM: official duties require access. vehicle, date of birth, physical None. characteristics, driving permit or license RETENTION AND DISPOSAL: data, vehicle license data, etc.) and DOT/MARAD 8 Records are disposed in accordance other litigation and claims with the appropriate record disposition documentation. SYSTEM NAME: schedule approved by the Archivist of Property Accountability Files. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the United States. Transfer closed files to Records Center when 5 years old. 46 app U.S.C. 1114 and 1241a, and 50 SECURITY CLASSIFICATION: Offer to archivist when the latest app U.S.C. 1291a. Unclassified, sensitive records are 20 years old. PURPOSE: SYSTEM LOCATION: SYSTEM MANAGER(S) AND ADDRESS: Records of individuals subject of any litigation and claims proceedings. Office of Management Services and Maritime Administrator, MAR–100, Procurement Maritime Administration, 400 7th Street, SW., Washington, DC ROUTINE USES OF RECORDS MAINTAINED IN THE 400 7th Street, SW., Washington, DC 20590. SYSTEM, INCLUDING CATEGORIES OF USERS AND 20590. Department of Administrative THE PURPOSES OF SUCH USES: Service and Procurement, United States NOTIFICATION PROCEDURE: See Prefatory Statement of General Merchant Marine Academy, Kings Division of General and International Routine Uses. Point, NY 11024. Office of Ship Law, Office of the Chief Counsel, MAR– Operations, Division of Reserve Fleet, POLICIES AND PRACTICES FOR STORING, 221, Maritime Administration, 400 7th Maritime Administration, MAR–612, Street, SW., Washington, DC 20590. RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: 400 7th Street, SW., Washington, DC 20590. James River Reserve Fleet, RECORD ACCESS PROCEDURES: STORAGE: Same as Notification Procedure. Drawer ‘‘C’’, Fort Eustis Virginia 23604; Paper records in file folders. Beaumont Reserve Fleet, P.O. Box 6355, CONTESTING RECORD PROCEDURES: RETRIEVABILITY: Beaumont, Texas 77705; Suisun Bay Same as Notification Procedure. Filed alphabetically by name. Reserve Fleet, P.O. Box 318, Benicia, California 94510; National Maritime RECORD SOURCE CATEGORIES: SAFEGUARDS: Research Center, United States The correspondent, referral source, Records are located in lockable metal Merchant Marine Academy, Kings Department employees involved in file cabinets or in metal file cabinets in Point, NY 11024.

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CATEGORIES OF INDIVIDUALS COVERED BY THE Center, United States Merchant Marine ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM: Academy, Kings Point, NY 11024. Chief, SYSTEM, INCLUDING CATEGORIES OF USERS AND Employees, general public, Division of Reserve Fleet, MAR–612, THE PURPOSES OF SUCH USES: institutions, and anyone who charges Maritime Administration, 400 7th St, See Prefatory Statement of General out or signs for property or other SW., Washington, DC 20590. Routine Uses. materials. Superintendent, James River Reserve Fleet, Drawer ‘‘C’’, Fort Eustis, Virginia DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF RECORDS IN THE SYSTEM: AGENCIES: 23604; Superintendent, Beaumont Name; telephone number; Reserve Fleet, PO Box 6355, Beaumont, None. identification of property or equipment; Texas 77705; Superintendent, Suisun home and business address; employee POLICIES AND PRACTICES FOR STORING, Bay Reserve Fleet, PO Box 318, Benicia, RETRIEVING, ACCESSING, RETAINING, AND I.D. number; position; job title; grade; California 94510. DISPOSING OF RECORDS IN THE SYSTEM: organization; explanation for items not accounted for, correspondence; NOTIFICATION PROCEDURE: STORAGE: clearances; and key number. Division of General and International Manual and machine-readable. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Law, Office of the Chief Counsel, MAR– RETRIEVABILITY: 40 U.S.C. 483(b). 220, Maritime Administration, 400 7th Street, SW., Washington, DC 20590. Name and/or account or case number. PURPOSE(S): SAFEGUARDS: RECORD ACCESS PROCEDURES: Tracking system for anyone who Records are located in lockable metal charges out or signs for property or Same as ‘‘Notification procedure.’’ file cabinets or in secured premises with other materials. CONTESTING RECORD PROCEDURES: access limited to those whose official duties require access. ROUTINE USES OF RECORDS MAINTAINED IN THE Same as ‘‘Notification procedure.’’ SYSTEM, INCLUDING CATEGORIES OF USERS AND RETENTION AND DISPOSAL: THE PURPOSES OF SUCH USES: RECORD SOURCE CATEGORIES: See Prefatory Statement of General Permanently maintained. Routine Uses. Subject individual. Those authorized by the individual to furnish SYSTEM MANAGER(S) AND ADDRESS: DISCLOSURE TO CONSUMER REPORTING information. Book cards. Supply person Director, Office of Accounting, MAR– AGENCIES: providing the equipment. 330, MARAD, 400 7th St., SW., Disclosures pursuant to 5 U.S.C. Washington, DC 20590. 552a(b)(12): Disclosures may be made EXEMPTIONS CLAIMED FOR THE SYSTEM: NOTIFICATION PROCEDURE: from this systems to ‘‘consumer None. reporting agencies’’ (collecting on behalf Division of General and International of the United States Govt.) as defined in DOT/MARAD 9 Law, MAR–221, Office of Chief Counsel, Maritime Administration, 400 7th the Fair Credit Reporting Act (15 U.S.C. SYSTEM NAME: 1681a(f)) or the Federal Claims Street, SW., Washington, DC 20590. Records of Cash Receipts. Collection Act of 1982 (31 U.S.C. RECORD ACCESS PROCEDURES: 3701(a)(3)). SECURITY CLASSIFICATION: Same as Notification Procedure. POLICIES AND PRACTICES FOR STORING, Unclassified, sensitive. CONTESTING RECORD PROCEDURES: RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM LOCATION: Same as Notification Procedure.

STORAGE: Director, Office of Accounting, MAR– RECORD SOURCE CATEGORIES: Paper copy of file folders and trays. 330, Maritime Administration, 400 7th Subject individual. Those authorized Street, SW., Washington, DC 20590. RETRIEVABILITY: by the individual to furnish information. Filed alphabetically by name. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: EXEMPTIONS CLAIMED FOR SYSTEM: SAFEGUARDS: Individuals paying for goods or None. Records are located in lockable metal services, reimbursing overpayments, or file cabinets, or lockable desks, or in otherwise delivering cash to the DOT/MARAD 10 metal file cabinets in secured rooms or Department. secured premises with access limited to SYSTEM NAME: those whose official duties require CATEGORIES OF RECORDS IN THE SYSTEM: Employee’s Personnel Files Not access. Individual’s name, the goods or Covered by Notices of Other Agencies. RETENTION AND DISPOSAL: services purchased, amount, date, check SECURITY CLASSIFICATION: number, division or office, bank deposit, Retained 2 years after property is Unclassified, sensitive. accounted for. treasury deposit number. SYSTEM LOCATION: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: Director, Office of Personnel, Chief, Supply Operations Division, 46 app U.S.C. 1114. Maritime Administration, MAR–360, MAR–313, Maritime Administration, 400 7th Street, SW., Washington, DC PURPOSE(S): 400 7th Street, SW., Washington, DC 20590. 20590. Administrative Services Office, System for individuals paying for United States Merchant Marine goods and or services, reimbursement of CATEGORIES OF INDIVIDUALS COVERED BY THE Academy, Kings Point, NY 11024. overpayments, delivery of cash to the SYSTEM: Director, National Maritime Research Department. Current and former employees.

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CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: ROUTINE USES OF RECORDS MAINTAINED IN THE All personnel records in MARAD Director, Office of Personnel, SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: which are subject to the Privacy Act but Maritime Administration, MAR–360, are not covered in the notices of systems 400 7th Street, SW, Washington, DC Distributed to the press, other of records published by the Office of 20590. government agencies, and the general Personnel Management, Merit Systems public. See Prefatory Statement of Protection Board, or Equal Employment NOTIFICATION PROCEDURE: General Routine Uses. Opportunity Commission. The records Division of General and International DISCLOSURE TO CONSUMER REPORTING of this system may include, but are not Law, MAR–221, Office of Chief Counsel, AGENCIES: limited to: Employee Development; Maritime Administration, 400 7th None. Incentive Awards; Employee Relations; Street, SW, Washington, DC 20590. Grievance Records; Medical; Career POLICIES AND PRACTICES FOR STORING, RECORD ACCESS PROCEDURES: Management Program; Ship Personnel; RETRIEVING, ACCESSING, RETAINING, AND Employee Overseas Assignments; Same as ‘‘Notification procedure.’’ DISPOSING OF RECORDS IN THE SYSTEM: Minority Group Statistics Program; CONTESTING RECORD PROCEDURES: STORAGE: Work Performance and Appraisal Paper records in file folders or Records; including supervisory records Same as ‘‘Notification procedure.’’ notebooks. which have been disclosed; Re- RECORD SOURCE CATEGORIES: Employment and Priority Placement RETRIEVABILITY: Programs; Within-Grade Denials Subject individual and those authorized by the individual to furnish By name alphabetically or by position (Reconsideration File); and, Automated or work unit. Employee Information System. information. Others involved in references of the individual. Physicians. SAFEGUARDS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Employee’s supervisor. Records are located in locked metal 46 App U.S.C. 1111. EXEMPTIONS CLAIMED FOR THE SYSTEM: file cabinets or locked rooms during non-business hours. PURPOSE(S): None. To provide information to officials or RETENTION AND DISPOSAL: DOT/MARAD 11 labor organizations reorganized under Record retention and disposal is in the Civil Service Reform Act when SYSTEM NAME: accord with operating unit’s Records relevant and necessary to their duties of Biographical Files. Control Schedule. Dispose of 2 years exclusive representation concerning after separation of the subject official. personnel policies, practices, and SECURITY CLASSIFICATION: matters affecting work conditions. SYSTEM MANAGER(S) AND ADDRESS: Unclassified, sensitive. ROUTINE USES OF RECORDS MAINTAINED IN THE Public Affairs Officer, MAR–240, SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM LOCATION: Maritime Administration, 400 7th THE PURPOSES OF SUCH USES: Office of Public Affairs, Maritime Street, SW, Washington, DC 20590. See Prefatory Statement of General Administration, MAR–240, 400 7th NOTIFICATION PROCEDURE: Routine Uses. Street, SW, Washington, DC 20590. Division of General and International DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF INDIVIDUALS COVERED BY THE Law, MAR–221, Office of the Chief AGENCIES: SYSTEM: Counsel, Maritime Administration, 400 None. Key present and former Maritime 7th Street, SW, Washington, DC 20590. POLICIES AND PRACTICES FOR STORING, Administration personnel, and members RECORD ACCESS PROCEDURES: of Advisory Board to the United States RETRIEVING, ACCESSING, RETAINING, AND Same as ‘‘Notification Procedure.’’ DISPOSING OF RECORDS IN THE SYSTEM: Merchant Marine Academy. CONTESTING RECORD PROCEDURES: STORAGE: CATEGORIES OF RECORDS IN THE SYSTEM: Same as ‘‘Notification Procedure.’’ Manual and machine-readable. Biographical information, which may RETRIEVABILITY: include date and place of birth; RECORD SOURCE CATEGORIES: Filed by name and/or social security education; military service; present The individual. Other sources such as number. position; employment history; field of news releases, articles and publications research; publications; inventions and relating to the subject individuals. SAFEGUARDS: patents; awards and honors; Records are located in lockable metal memberships and affiliations; present EXEMPTIONS CLAIMED FOR THE SYSTEM: file cabinets or in secured rooms or and past residences; telephone numbers; None. names, ages, and addresses of family secured premises with access limited to DOT/MARAD 12 those whose official duties require members; hobbies and outside interests; access. and photograph of individual. SYSTEM NAME:

RETENTION AND DISPOSAL: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Applications to United States Merchant Marine Academy (USMMA). Retained according to Unit’s Records 46 App U.S.C. 1114. Control Schedule. Records are kept until SYSTEM CLASSIFICATION: PURPOSE(S): employee retires and then 90 days after Unclassified, sensitive. retirement records are sent to OPM and/ Use in connection with written or records center. If employees transfer articles, oral interviews, speaking SYSTEM LOCATION: to another government agency, the engagements, retirement and obituary Office of Admissions, United States records are transferred to that notices, and other purposes of public Merchant Marine Academy, Kings government agency. information. Point, NY 11204.

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CATEGORIES OF INDIVIDUALS COVERED BY THE CONTESTING RECORD PROCEDURES: SAFEGUARDS: SYSTEM: Same as ‘‘Notification procedure.’’ Records are located in lockable file Applicants for admission to the cabinets or in metal file cabinets in RECORD SOURCE CATEGORIES: Academy. secured rooms or secured premises with Subject individual, the individual’s CATEGORIES OF RECORDS IN THE SYSTEM: access limited to those whose official high school officials, references, and duties require access. Name; address; name of nominating those authorized by the individual to Congressman and congressional district; furnish information. RETENTION AND DISPOSAL: social security number; citizenship; sex; The records are retained until six EXEMPTIONS CLAIMED FOR THE SYSTEM: marital status; scholastic background; years after graduation and then names of relatives who attended the Pursuant to 5 U.S.C. 552a(k)(5), this destroyed. Academy; high school record; system is exempt from portions of the personality record (compiled by high act. SYSTEM MANAGER(S) AND ADDRESS: school authorities); seaman’s DOT/MARAD 13 Director, Office of Labor and Training, experience; military service data; and Maritime Administration, MAR–250, biographical sketch. (Form: KP 2–65). SYSTEM NAME: 400 7th Street, SW, Washington, DC AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Cadet Files, State Maritime 20590. Academies, ‘‘SIPSAM’’. 46 App U.S.C. 1295b. NOTIFICATION PROCEDURE: PURPOSE(S): SECURITY CLASSIFICATION: Division of General and International Determine admissions to the Unclassified, sensitive. Law, Office of the Chief Counsel, MAR– Academy. 221, Maritime Administration, 400 7th SYSTEM LOCATION: Street, SW, Washington, DC 20590. ROUTINE USES OF RECORDS MAINTAINED IN THE Office of Maritime Labor and SYSTEM, INCLUDING CATEGORIES OF USERS AND Training, Maritime Administration, RECORD ACCESS PROCEDURES: THE PURPOSES OF SUCH USES: MAR–240, 400 7th Street, SW, Same as ‘‘Notification Procedure.’’ Advise Member of Congress or other Washington, DC 20590. nominating authority of the outcome of CONTESTING RECORD PROCEDURES: an individual’s candidacy. See Prefatory CATEGORIES OF INDIVIDUALS COVERED BY THE Same as ‘‘Notification Procedure.’’ Statement of General Routine Uses. SYSTEM: Current and former cadets enrolled in RECORD SOURCE CATEGORIES: DISCLOSURE TO CONSUMER REPORTING the Student Incentive Payments, SIP, The subject student. State Merchant AGENCIES: Program at the State Maritime Marine Academies. Those authorized by None. Academies. the student to furnish information. POLICIES AND PRACTICES FOR STORING, CATEGORIES OF RECORDS IN THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Name; service number; date of change None. in pay; re-enrollment or reinstatement; STORAGE: dis-enrollment; date of graduation; and DOT/MARAD 14 Manual and automated. service obligation. (Forms: MA–1005, SYSTEM NAME: MA–850 and MA–890). RETRIEVABILITY: Citizenship Statements and Filed alphabetically by last name. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Affidavits. SAFEGUARDS: Merchant Marine Act, 1936 (as SECURITY CLASSIFICATION: amended) Title XIII B Maritime Access to and use of these records is Unclassified, sensitive. limited to those persons whose official Education and Training (46 App. U.S.C. duties require such access. Personnel 1295c). SYSTEM LOCATION: screening is employed to prevent PURPOSE(S): For bidders on surplus vessels: unauthorized disclosure. Monitor the service, employment and Division of Ship Disposals and Foreign RETENTION AND DISPOSAL: academic obligations of the SIP Transfers, MAR–630, Maritime If admitted, the application becomes recipients. Administration, 400 7th Street, SW, part of the Midshipman’s Personnel Washington, DC 20590. For all other Record for permanent retention. The file ROUTINE USES OF RECORDS MAINTAINED IN THE purposes: Office of Chief Counsel, SYSTEM, INCLUDING CATEGORIES OF USERS AND MAR–220, Maritime Administration, is transferred to the Federal Records THE PURPOSES OF SUCH USES: Center after 5 years. If not admitted, it 400 7th Street, SW, Washington, DC is retained for one year and destroyed. See Prefatory Statement of General 20590. Routine Uses. SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF INDIVIDUALS COVERED BY THE DISCLOSURE TO CONSUMER REPORTING SYSTEM: Director, Office of Admissions, United AGENCIES: States Merchant Marine Academy, Officers and shareholders of non- Kings Point, NY 11204. None. personal applicants and individual applicants. POLICIES AND PRACTICES FOR STORING, NOTIFICATION PROCEDURE: RETRIEVING, ACCESSING, RETAINING, AND CATEGORIES OF RECORDS IN THE SYSTEM: Division of General and International DISPOSING OF RECORDS IN THE SYSTEM: Law, MAR–221. Office of the Chief Name; date and place of birth; Counsel, Maritime Administration, 400 STORAGE: nationality, and naturalization data. 7th Street, SW, Washington, DC 20590. Paper records in file folders. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORD ACCESS PROCEDURES: RETRIEVABILITY: 46 App U.S.C. 802, 803, 808, 1114 Same as ‘‘Notification procedure.’’ Filed alphabetically by last name. and 50 app U.S.C. 1744.

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PURPOSE(S): EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVABILITY: Keep track of officers and None. Filed alphabetically by seaman’s shareholders of non-personal applicants name and vessel’s name. and individual applicants. DOT/MARAD 15 SAFEGUARDS: SYSTEM NAME: ROUTINE USES OF RECORDS MAINTAINED IN THE Records are located in lockable metal SYSTEM, INCLUDING CATEGORIES OF USERS AND General Agent’s Protection and file cabinets or in metal file cabinets in THE PURPOSES OF SUCH USES: Indemnity and Second Seaman’s secured rooms or secured premises with See Prefatory Statement of General Insurance: WSA and NSA. access limited to those whose official Routine Uses. SECURITY CLASSIFICATION: duties require access. DISCLOSURE TO CONSUMER REPORTING Unclassified, sensitive. RETENTION AND DISPOSAL: AGENCIES: SYSTEM LOCATION: The records are transferred to the Disclosures pursuant to 5 U.S.C. Office of Marine Insurance, Maritime Federal Records Center after one year 552a(b)(12): Disclosures may be made where they are retained indefinitely. from this systems to ‘‘consumer Administration, MAR–575, 400 7th reporting agencies’’ (collecting on behalf Street, SW, Washington, DC 20590. SYSTEM MANAGER(S) AND ADDRESS: of the United States Govt.) as defined in CATEGORIES OF INDIVIDUALS COVERED BY THE Director, Office of Marine Insurance, the Fair Credit Reporting Act (15 U.S.C. SYSTEM: Maritime Administration, MAR–575, 1681a(f)) or the Federal Claims Individuals (e.g., seamen, passengers, 400 7th Street, SW, Washington, DC Collection Act of 1982 (31 U.S.C. stevedores) filing claims against general 20590. 3701(a)(3)). agents for death, disability, loss of NOTIFICATION PROCEDURE: POLICIES AND PRACTICES FOR STORING, personal effects, detention and Division of General and International RETRIEVING, ACCESSING, RETAINING, AND repatriation and property damage. Law, MAR–221, Office of the Chief DISPOSING OF RECORDS IN THE SYSTEM: CATEGORIES OF RECORDS IN THE SYSTEM: Counsel, Maritime Administration, 400 STORAGE: Claimant’s name; address; mariner’s 7th Street, SW, Washington, DC 20590. Paper records in file folders. document number; sea service record; RECORD ACCESS PROCEDURES: RETRIEVABILITY: disciplinary records; selective service Same as Notification Procedure. classification; names of parents; Filed alphabetically by applicant’s marriage and divorce data; social CONTESTING RECORD PROCEDURES: name, name of individual, or vessel security number; alien registration and name. Same as Notification Procedure. citizenship data; medical information; RECORD SOURCE CATEGORIES: SAFEGUARDS: next-of-kin; wages per month; birth Records are located in lockable metal date; witness statements; investigator’s Subject individual. The individual’s file cabinets or in metal file cabinets in report; names of counsel; and executors attorney. Adjusters, investigators. secured rooms or secured premises with and administrators of estates (Forms: Attorneys. Office of Marine Insurance. access limited to those whose official MA–574, MA–570, MA–269, MA–26 Witnesses. The Marine Index Bureau. duties require access. and 270). Those authorized by the individual to furnish information. RETENTION AND DISPOSAL: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: The records are transferred to the 46 app U.S.C. 1101, 1114, 191–1205 Federal Records Center after five years and 50 app U.S.C. 1744. None. where they are retained for twenty years PURPOSE(S): DOT/MARAD 16 or the time period of the ship mortgage, whichever is longer. Evaluate filed claims, negotiate SYSTEM NAME: settlements, award money, contest or Marine Training School Registrants. SYSTEM MANAGER(S) AND ADDRESS: initiate lawsuits; and arrange for proper Chief, Division of Ship Disposals and medical treatment by establishing SECURITY CLASSIFICATION: Foreign Transfers, MAR–630, and Office seaman’s eligibility for acceptance Unclassified, sensitive. of the Chief Counsel, MAR–220, under regulations of Public Health SYSTEM LOCATION: Maritime Administration, 400 7th Service, United States Department of Street, SW, Washington, DC 20590. Health and Human Services, or other Maritime Administration regional appropriate medical facilities. offices: Eastern—26 Federal Plaza, New NOTIFICATION PROCEDURE: York, N.Y. 10007; Central—No. 2 Canal Division of General and International ROUTINE USES OF RECORDS MAINTAINED IN THE Street, New Orleans, LA 70130; SYSTEM, INCLUDING CATEGORIES OF USERS AND Law, Office of the Chief Counsel, MAR– Western—211 Main Street, RM 1112, THE PURPOSES OF SUCH USES: 221, Maritime Administration, 400 7th San Francisco, CA 94105; and Great Street, SW, Washington, DC 20590. See Prefatory Statement of General Lakes—2300 E. Devon Avenue, Des Routine Uses. Plaines, IL 60018. RECORD ACCESS PROCEDURES: DISCLOSURE FOR CONSUMER REPORTING Same as ‘‘Notification Procedure.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE AGENCIES: SYSTEM: CONTESTING RECORD PROCEDURES: None. Each seafarer enrolling in an agency Same as ‘‘Notification Procedure.’’ POLICIES AND PRACTICES FOR STORING, training course. RECORD SOURCE CATEGORIES: RETRIEVING, ACCESSING, RETAINING, AND CATEGORIES OF RECORDS IN THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: Subject applicant and individual. Name; address; position title; owner’s Those authorized by the foregoing to STORAGE: document number; social security furnish information. Paper records in file folders. number; certificate number; sponsoring

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PURPOSE(S): Unclassified, sensitive. RECORD ACCESS PROCEDURES: Verification of attendance and SYSTEM LOCATION: Same as Notification Procedure. performance. Beaumont Reserve Fleet, PO Box CONTESTING RECORD PROCEDURES: 6355, Beaumont, Texas 77705; James ROUTINE USES OF RECORDS MAINTAINED IN THE Same as Notification Procedure. SYSTEM, INCLUDING CATEGORIES OF USERS AND River Reserve Fleet, Drawer ‘‘C’’, Fort THE PURPOSES OF SUCH USES: Eustis, Virginia 23604; and Suisun Bay RECORD SOURCE CATEGORIES: Reserve Fleet, PO Box 318, Benicia, See Prefatory Statement of General Subject individual. Those authorized California 94510; United States Routine Uses. by the individual to furnish Merchant Marine Academy, Kings information. DISCLOSURE TO CONSUMER REPORTING Point, Long Island, New York 11024– AGENCIES: 1699. EXEMPTIONS CLAIMED FOR THE SYSTEM:

None. CATEGORIES OF INDIVIDUALS COVERED BY THE None. SYSTEM: POLICIES AND PRACTICES FOR STORING, DOT/MARAD 18 RETRIEVING, ACCESSING, RETAINING, AND All individuals boarding Reserve DISPOSING OF RECORDS IN THE SYSTEM: Fleet vessels. SYSTEM NAME: National Defense Executive Reserve. STORAGE: CATEGORIES OF RECORDS IN THE SYSTEM: Paper records in file folders. Name, affiliation, date, and signature SECURITY CLASSIFICATION: (Form: MA–118). Unclassified, sensitive. RETRIEVABILITY: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Filed alphabetically by student’s SYSTEM LOCATION: name. 46 app U.S.C. 1295b, 1295g, and 50 Division of National Security Plans, app U.S.C. 1744. MAR–620, Maritime Administration, SAFEGUARDS: PURPOSE(S): 400 7th Street, SW, Washington, DC Records are located in lockable metal Limit Governments liability for any 20590. file cabinets or in metal file cabinets in damage suffered by certain persons secured rooms or secured premises with CATEGORIES OF INDIVIDUALS COVERED BY THE aboard RRF/NDRF ships. access limited to those whose duties SYSTEM: require access. ROUTINE USES OF RECORDS MAINTAINED IN THE Nominees and members of the SYSTEM, INCLUDING CATEGORIES OF USERS AND National Defense Executive Reserve. RETENTION AND DISPOSAL: THE PURPOSES OF SUCH USES: The records are transferred to the See Prefatory Statement of General CATEGORIES OF RECORDS IN THE SYSTEM: Federal Records Center one year after Routine Uses. Name; home address; photograph; graduation or termination and disposed brief career history; names of close of 60 years after date of enrollment. DISCLOSURE OF CONSUMER REPORTING relatives; marital status; previous AGENCIES: Government experience; previous SYSTEM MANAGER(S) AND ADDRESS: None. residences; current and recent Training Facility Registrar in region POLICIES AND PRACTICES FOR STORING, employment; citizenship; social security where the training was taken; see RETRIEVING, ACCESSING, RETAINING, AND number; business and residence System Location. DISPOSING OF RECORDS IN THE SYSTEM: telephone numbers; security clearance; STORAGE: statement of understanding; request for NOTIFICATION PROCEDURE: appointment; appointment affidavits; Paper records in file folders. Division of General and International secrecy agreement; sex; date and place Law, MAR–221, Office of the Chief RETRIEVABILITY: of birth; education; and professional and Counsel, Maritime Administration, 400 Filed alphabetically by name. other memberships. 7th Street, SW, Washington, DC 20590. SAFEGUARDS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORD ACCESS PROCEDURES: Records are located in lockable metal 46 app U.S.C. 1295e, 1295g and 1126– Same as ‘‘Notification Procedure.’’ file cabinets or metal file cabinets in 1. secured rooms or in secured premises CONTESTING RECORD PROCEDURES: PURPOSE(S): with access limited to those whose Same as ‘‘Notification Procedure.’’ official duties require access. Transferring data to the Federal Preparedness Agency pursuant to E.O. RECORD SOURCE CATEGORIES: RETENTION AND DISPOSAL: 11179. The student. The training instructors. Records are maintained for three years Those authorized by the individual to and then destroyed. ROUTINE USES OF RECORDS MAINTAINED IN THE furnish information. SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM MANAGER(S) AND ADDRESS: THE PURPOSES OF SUCH USES: EXEMPTIONS CLAIMED FOR THE SYSTEM: Superintendent of Respective Reserve See Prefatory Statement of General None. Fleets; and United States Merchant Routine Uses.

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DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF RECORDS IN THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: AGENCIES: Name; address; mariner’s document None. None. number; social security number; and DOT/MARAD 21 names of ships. POLICIES AND PRACTICES FOR STORING, SYSTEM NAME: RETRIEVING, ACCESSING, RETAINING, AND AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: Seaman’s Employment Analysis 46 App. U.S.C. 2001–2007. Records. STORAGE: PURPOSE(S): Paper records in file folders. SECURITY CLASSIFICATION: Provide information to the seamen Unclassified, sensitive. RETRIEVABILITY: and family members upon request. SYSTEM LOCATION: Alphabetically by last name. ROUTINE USES OF RECORDS MAINTAINED IN THE Department of Transportation SYSTEM, INCLUDING CATEGORIES OF USERS AND SAFEGUARDS: Computer Center, SVC–172, 400 7th THE PURPOSES OF SUCH USES: Records are located in lockable metal Street, SW, Washington, DC 20590. file cabinets or in metal file cabinets in See Prefatory Statement of General Routine Uses. CATEGORIES OF INDIVIDUALS COVERED BY THE secured rooms or secured premises with SYSTEM: access limited to those whose official DISCLOSURE TO CONSUMER REPORTING Merchant seamen who sailed the duties require access. AGENCIES: previous calendar year. RETENTION AND DISPOSAL: None. CATEGORIES OF RECORDS IN THE SYSTEM: Retained until one year after POLICIES AND PRACTICES FOR STORING, Social security number; date of birth; individual’s appointment is terminated RETRIEVING, ACCESSING, RETAINING, AND records of United States Coast Guard DISPOSING OF RECORDS IN THE SYSTEM: or until death and then discarded. issued documents; voyage employment STORAGE: SYSTEM MANAGER(S) AND ADDRESS: information (e.g., ship and date signed on); and maritime schools attended. Chief, Division of National Security Records are stored in paper copy in file folders and on magnetic tape. Plans, MAR–620, Maritime AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Administration, same as above address. RETRIEVABILITY: 46 app U.S.C. 1295g.

NOTIFICATION PROCEDURE: Files are maintained alphabetically by PURPOSE(S): name of seaman. Division of General and International To ensure an adequate supply of Law, Office of the Chief Counsel, MAR– SAFEGUARDS: American mariners. 221, Maritime Administration, 400 7th Records are located in lockable metal ROUTINE USES OF RECORDS MAINTAINED IN THE Street, SW, Washington, DC 20590. file cabinets or in metal file cabinets in SYSTEM, INCLUDING CATEGORIES OF USERS AND RECORD ACCESS PROCEDURES: secured rooms or secured premises with THE PURPOSES OF SUCH USES: access limited to those whose official Same as ‘‘Notification Procedure.’’ See Prefatory Statement of General duties require access. Routine Uses. CONTESTING RECORD PROCEDURES: RETENTION AND DISPOSAL: DISCLOSURE TO CONSUMER REPORTING Same as ‘‘Notification Procedure.’’ Paper records containing letters of AGENCIES: RECORD SOURCE CATEGORIES: commendation, name of seamen, None. address, name of vessel and mariner’s The individual. Those authorized by POLICIES AND PRACTICES FOR STORING, the individual to furnish information. document number are transferred to the RETRIEVING, ACCESSING, RETAINING, AND The investigator performing personal Federal Records Center immediately, DISPOSING OF RECORDS IN THE SYSTEM: where they are retained for 75 years. and security investigation. Sources STORAGE: contacted by the investigator. SYSTEM MANAGER(S) AND ADDRESS: Records are stored on computer disks. Director, Office of Maritime Labor and EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVABILITY: None. Training, MAR–250, Maritime Administration, 400 7th Street, SW, Filed by social security number. DOT/MARAD 20 Washington, DC 20590. SAFEGUARDS: In addition to technical securities, the SYSTEM NAME: NOTIFICATION PROCEDURE: records are located in secured rooms or Seamen’s Awards for Service, Valor, Division of General and International premises with access limited to those etc. Law, Office of the Chief Counsel, MAR– whose official duties require access. 221, Maritime Administration, 400 7th SECURITY CLASSIFICATION: Street, SW, Washington, DC 20590. RETENTION AND DISPOSAL: Unclassified, sensitive. Refreshed and maintained only for RECORD ACCESS PROCEDURES: current available calendar year. SYSTEM LOCATION: Same as Notification procedure. Office of Maritime Labor and SYSTEM MANAGER(S) AND ADDRESS: Training, MAR–250, Maritime CONTESTING RECORD PROCEDURES: Director, Office of Maritime Labor and Administration, 400 7th Street, SW, Same as Notification procedure. Training, Maritime Administration, Washington, DC 20590. MAR–250, 400 7th Street, SW, RECORD SOURCE CATEGORIES: Washington, DC 20590. CATEGORIES OF INDIVIDUALS COVERED BY THE Subject individual. The individual’s SYSTEM: co-workers. Witnesses to incidents. NOTIFICATION PROCEDURE: Seamen given awards for service, Those authorized by the individual to Division of General and International valor, etc. furnish information. Law, MAR–221, Office of the Chief

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Counsel, Maritime Administration, 400 those whose official duties require ROUTINE USES OF RECORDS MAINTAINED IN THE 7th Street, SW, Washington, DC 20590. access. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: RETENTION AND DISPOSAL: RECORD ACCESS PROCEDURES: See Prefatory Statement of General Same as ‘‘Notification procedure.’’ Retained until such time as claim is Routine Uses. resolved or wages are disbursed. CONTESTING RECORD PROCEDURES: DISCLOSURE TO CONSUMER REPORTING SYSTEM MANAGER(S) AND ADDRESS: Same as ‘‘Notification procedure.’’ AGENCIES: Chief, Division of Accounting RECORD SOURCE CATEGORIES: Operations, MAR–330, Maritime Disclosures pursuant to 5 U.S.C. 552a(b)(12): United States Coast Guard. Administration, 400 7th Street, SW, Washington, DC 20590. Disclosures may be made from this EXEMPTION CLAIMED FOR THE SYSTEM: systems to ‘‘consumer reporting NOTIFICATION PROCEDURE: None. agencies’’ (collecting on behalf of the Division of General and International United States Govt.) as defined in the DOT/MARAD 22 Law, Office of the Chief Counsel, MAR– Fair Credit Reporting Act (15 U.S.C. 221, Maritime Administration, 400 7th SYSTEM NAME: 1681a(f)) or the Federal Claims Street, SW, Washington, DC 20590. Collection Act of 1982 (31 U.S.C. Seaman’s Unclaimed Wages (Vietnam 3701(a)(3)). Conflict). RECORD ACCESS PROCEDURES: Same as ‘‘Notification procedure.’’ POLICIES AND PRACTICES FOR STORING, SECURITY CLASSIFICATION: RETRIEVING, ACCESSING, RETAINING, AND CONTESTING RECORD PROCEDURES: Unclassified, sensitive. DISPOSING OF RECORDS IN THE SYSTEM: Same as ‘‘Notification procedure.’’ SYSTEM LOCATION: STORAGE: RECORD SOURCE CATEGORIES: Division of Accounting Operations, Paper records in file folders. MAR–330, Maritime Administration, The general agents. 400 7th Street, SW, Washington, DC EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVABILITY: 20590. None. Alphabetically by employee’s name.

CATEGORIES OF INDIVIDUALS COVERED BY THE DOT/MARAD 24 SAFEGUARDS: SYSTEM: SYSTEM NAME: Records are located in lockable metal Seamen owed wages for service file cabinets in secured rooms or aboard Government vessels operated by USMMA Non-Appropriated Fund Employees. secured premises with access limited to general agents. those whose official duties require SECURITY CLASSIFICATION: CATEGORIES OF RECORDS IN THE SYSTEM: access. Unclassified, sensitive. Name; social security number; RETENTION AND DISPOSAL: employing general agent; and wages due SYSTEM LOCATION: Records are retained indefinitely. and owing. Office of the Commandant of Midshipmen; Office of the Director of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: Athletics; Office of the General Commandant of Midshipmen; 46 app U.S.C. 1114(B), 1241a, and 50 Manager, Ship’s Service; Officer’s Club; app U.S.C. 1291(a). Director of Athletics; General Manager, Junior Officer’s Mess; Petty Officers Ship’s Service; President, Officer’s Club; PURPOSE(S): Club; Fiscal Control Office; and Manager, Junior Officers Mess; Department of Administrative Services Reporting wages owed. President, Petty Officers Club; Head, and Procurement, all at United States Department of Budget and Accounts; Merchant Marine Academy, Kings ROUTINE USES OF RECORDS MAINTAINED IN THE and Head, Department of SYSTEM, INCLUDING CATEGORIES OF USERS AND Point, N.Y. 11024. Administrative Services and THE PURPOSES OF SUCH USES: CATEGORIES OF INDIVIDUALS COVERED BY THE Procurement, all at United States See Prefatory Statement of General SYSTEM: Merchant Marine Academy, Kings Routine Uses. All current and former employees of Point, N.Y. 11024. DISCLOSURE TO CONSUMER REPORTING non-appropriated fund activities since NOTIFICATION PROCEDURE: AGENCIES: 1970. Division of General and International None. CATEGORIES OF RECORDS IN THE SYSTEM: Law, MAR–221, Office of the Chief POLICIES AND PRACTICES FOR STORING, Name; telephone number; social Counsel, Maritime Administration, 400 RETRIEVING, ACCESSING, RETAINING, AND security number; address; date of birth; 7th Street, SW, Washington, DC 20590. DISPOSING OF RECORDS IN THE SYSTEM: height; weight; birthplace; employment history; special qualifications; education RECORD ACCESS PROCEDURES: STORAGE: summary; references; personnel actions Same as ‘‘Notification procedure.’’ Paper records in file folders. showing positions held and salary paid; RETRIEVABILITY: insurance coverage; and letters of CONTESTING RECORD PROCEDURES: commendation or reprimand. Paper records are filed alphabetically Same as ‘‘Notification Procedure.’’ by name and by social security number. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORD SOURCE CATEGORIES: 46 app U.S.C. 1295g. SAFEGUARDS: Subject employee. Those authorized Paper records are secured in lockable PURPOSE(S): by the employee to furnish information. metal file cabinets. Records are located Track information on non- Past employers and references. The in secured areas with access limited to appropriated fund employees. employee’s supervisor.

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EXEMPTIONS CLAIMED FOR THE SYSTEM: POLICIES AND PRACTICES FOR STORING, CATEGORIES OF RECORDS IN THE SYSTEM: Pursuant to 5 U.S.C. 552a(k)(5), this RETRIEVING, ACCESSING, RETAINING, AND Name, social security number, and all DISPOSING OF RECORDS IN THE SYSTEM: system is exempt from portions of the midshipmen activity fee deposits to the act. STORAGE: Academy. Paper records in file folders and basic DOT/MARAD 25 AUTHORITY FOR MAINTENANCE OF THE SYSTEM: information are on magnetic tape. SYSTEM NAME: 46 app U.S.C. 1295g. RETRIEVABILITY: USMMA Graduates. Alphabetically by name, and by social PURPOSE(S): SECURITY CLASSIFICATION: security number. Track activity fee deposits to the Academy. Unclassified, sensitive. SAFEGUARDS: SYSTEM LOCATION: Records are located in lockable metal ROUTINE USES OF RECORDS MAINTAINED IN THE file cabinets or in metal file cabinets in SYSTEM, INCLUDING CATEGORIES OF USERS AND Office of External Affairs, United THE PURPOSES OF SUCH USES: States Merchant Marine Academy, secured rooms or secured premises with Kings Point, NY 11024. access limited to those whose official See Prefatory Statement of General duties require access. Records on tape Routine Uses. CATEGORIES OF INDIVIDUALS COVERED BY THE also are subject to physical securities, SYSTEM: including those maintained by contract. DISCLOSURE TO CONSUMER REPORTING AGENCIES: All graduates of USMMA, since 1942, and some parents of graduates. RETENTION AND DISPOSAL: None. The records are kept indefinitely. CATEGORIES OF RECORDS IN THE SYSTEM: POLICIES AND PRACTICES FOR STORING, SYSTEM MANAGER(S) AND ADDRESS: RETRIEVING, ACCESSING, RETAINING, AND Name; address (home and business); DISPOSING OF RECORDS IN THE SYSTEM: vocation; class year; social security Director, Office of External Affairs, number; employee’s name and address; United States Merchant Marine STORAGE: years of maritime service, at sea and Academy, Kings Point, N.Y. 10024. Paper records in file folders. ashore; military service; maritime NOTIFICATION PROCEDURE: RETRIEVABILITY: licenses; post-graduate education; Division of General and International Filed by class year and then honors and awards; and union Law, MAR–221, Office of the Chief alphabetically by name. affiliation. Graduate registration for job- Counsel, Maritime Administration, 400 placement also contains graduate’s 7th Street, SW, Washington, DC 20590. preferred salary and job location. SAFEGUARDS: RECORD ACCESS PROCEDURES: Records are located in lockable metal AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Same as ‘‘Notification procedure.’’ file cabinets or in metal file cabinets in 46 app U.S.C. 1295g. secured rooms or in secured premises CONTESTING RECORD PROCEDURES: with access limited to those whose PURPOSE(S): Same as ‘‘Notification procedure.’’ official duties require access. Make employment referrals, to compile statistical reports for Congress RECORD SOURCE CATEGORIES: RETENTION AND DISPOSAL: on the professional progress of the A questionnaire voluntarily returned Maintained for one year after graduates, and to mail alumni by graduates every few years. Graduates graduation or separation, and then publications, notices, and asking to be registered for job- destroyed. announcements. The users are the placement. Families of graduates. Public Director, Office of External Affairs and and private employment of graduates. SYSTEM MANAGER(S) AND ADDRESS: his immediate administrative staff, Persons nominating graduates for Assistant Head, Department of prospective employers, Congress and its alumni awards. United States Merchant Budgets and Accounts, United States Members, the United States Merchant Marine Academy Alumni Association, Merchant Marine Academy, Kings Marine Academy Alumni Association, Inc. Published articles naming Point, NY 11024. Inc., the United States Merchant Marine graduates. Academy Foundation, Inc. and the NOTIFICATION PROCEDURE: commercial contractor providing EXEMPTIONS CLAIMED FOR THE SYSTEM: Division of General and International automated services for the United States None. Law, MAR–221, Office of the Chief Counsel, Maritime Administration, 400 Merchant Marine Academy Foundation, DOT/MARAD 26 Inc. 7th Street, SW, Washington, DC 20590. SYSTEM NAME: ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD ACCESS PROCEDURES: USMMA Midshipmen Deposit SYSTEM, INCLUDING CATEGORIES OF USERS AND Same as ‘‘Notification Procedure.’’ THE PURPOSES OF SUCH USES: Account Records. CONTESTING RECORD PROCEDURES: The database is used for SECURITY CLASSIFICATION: communication with alumni (e.g., Unclassified, sensitive. Same as ‘‘Notification Procedure.’’ magazine, homecoming, etc), placement opportunities for alumni, fundraising SYSTEM LOCATION: RECORD SOURCE CATEGORIES: records, and congressional districts. See Department of Budgets and Accounts, Midshipmen. Those authorized by Prefatory Statement of General Routine United States Merchant Marine midshipman to furnish information. Uses. Academy, Kings Point, NY 11024. Department of Budgets and Accounts personnel. DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF INDIVIDUALS COVERED BY THE AGENCIES: SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: None. All current midshipmen. None.

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DOT/MARAD 27 Counsel, Maritime Administration, 400 combine within MA–18 Midshipmen 7th Street, SW, Washington, DC 20590. Personnel Records after graduation. If SYSTEM NAME: not appointed as Midshipman, the USMMA Midshipman Grade RECORD ACCESS PROCEDURES: record is retained for one year and Transcripts. Same as ‘‘Notification Procedure.’’ destroyed. SECURITY CLASSIFICATION: CONTESTING RECORD PROCEDURES: SYSTEM MANAGER(S) AND ADDRESS: Unclassified, sensitive. Same as ‘‘Notification Procedure.’’ Medical Officer, United States SYSTEM LOCATION: RECORD SOURCE CATEGORIES: Merchant Marine Academy, Kings Registrar’s Office, United States The midshipman. Those authorized Point, N.Y. 11024. Merchant Marine Academy, Kings by the midshipman to furnish NOTIFICATION PROCEDURE: Point, NY 11024. information. Faculty. Registrar’s staff. Division of General and International CATEGORIES OF INDIVIDUALS COVERED BY THE EXEMPTIONS CLAIMED FOR THE SYSTEM: Law, MAR–221, Office of the Chief SYSTEM: None. Counsel, Maritime Administration, 400 All present and past midshipmen. 7th Street, SW, Washington, DC 20590. DOT/MARAD 28 CATEGORIES OF RECORDS IN THE SYSTEM: RECORD ACCESS PROCEDURES: SYSTEM NAME: Name; social security numbers; Same as Notification procedure. courses taken; grades received; and USMMA Midshipman Medical Files. cumulative average. CONTESTING RECORD PROCEDURES: SECURITY CLASSIFICATION: Same as Notification procedure. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Unclassified, sensitive. 46 app U.S.C. 1295g. RECORD SOURCE CATEGORIES: SYSTEM LOCATION: PURPOSE(S): Subject applicant or midshipman. Medical Department, United States Those authorized by foregoing to Record academic status of past and Merchant Marine Academy, Kings present midshipmen. furnish information. Individual’s Point, NY 11024. physician. Academy medical officers. ROUTINE USES OF RECORDS MAINTAINED IN THE CATEGORIES OF INDIVIDUALS COVERED BY THE Contract medical personnel. Private and SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM: other medical personnel. THE PURPOSES OF SUCH USES: All midshipmen. Sent to other schools or employers EXEMPTIONS CLAIMED FOR THE SYSTEM: when requested by the midshipman. See CATEGORIES OF RECORDS IN THE SYSTEM: Pursuant to 5 U.S.C. 552a(k)(5), this Prefatory Statement of General Routine Complete medical history prior to and system is exempt from portions of the Uses. during enrollment at the Academy. act.

DISCLOSURE TO CONSUMER REPORTING AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DOT/MARAD 29 AGENCIES: 46 app U.S.C. 1295g. None. SYSTEM NAME: PURPOSE(S): USMMA Midshipman Personnel POLICIES AND PRACTICES FOR STORING, Maintain health of midshipmen. Records. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE SECURITY CLASSIFICATION: STORAGE: SYSTEM, INCLUDING CATEGORIES OF USERS AND Unclassified, sensitive. THE PURPOSES OF SUCH USES: Paper records in file folders, paper SYSTEM LOCATION: records in file drawers, microfilm See Prefatory Statement of General records, and magnetic tape. Routine Uses. Office of the Commandant of Midshipman, United States Merchant RETRIEVABILITY: DISCLOSURE TO CONSUMER REPORTING AGENCIES: Marine Academy, Kings Point, NY Alphabetically by midshipman’s 11024. name. None. CATEGORIES OF INDIVIDUALS COVERED BY THE POLICIES AND PRACTICES FOR STORING, SAFEGUARDS: SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND Records are located in lockable metal DISPOSING OF RECORDS IN THE SYSTEM: All current and former midshipmen file cabinets in secured rooms or since inception of the Academy in 1942. STORAGE: secured premises with access limited to Also, all cadet corps personnel from those whose official duties require Paper records in file folders. 1938 to 1942. access. RETRIEVABILITY: CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: Filed alphabetically by midshipman’s Nominations to United States Transfer to Federal Records Center name. Merchant Marine Academy; College five years after graduation. Destroy sixty SAFEGUARDS: Board Scores; high school transcript; years after graduation. Records are located in lockable metal name; address; social security number; SYSTEM MANAGER(S) AND ADDRESS: file cabinets or in metal file cabinets in parent’s name and address and Registrar, United States Merchant secured rooms or in secured premises occupation; relatives who attended Marine Academy, Kings Point, N.Y. with access limited to those whose USMMA; number of brothers and 10024. official duties require access. sisters; medical report; height; weight; color of hair; color of eyes; complexion; NOTIFICATION PROCEDURE: RETENTION AND DISPOSAL: commendations; record of disciplinary Division of General and International Radiographic file salvage five years cases; resignation notice; graduation Law, MAR–221, Office of the Chief after graduation. All other documents certification; and report of deficiencies.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM: references. Government or private SAFEGUARDS: 46 app U.S.C. 1295g. physicians. United States Navy Security Files are retrievable only through Officers. Those authorized by the information known to the Academy PURPOSE(S): midshipman to furnish the information. Program Officer or other persons Record personnel matters on USMMA authorized to perform data input tasks. midshipmen. EXEMPTIONS CLAIMED FOR THE SYSTEM: Pursuant to 5 U.S.C. 552a(k)(5), this RETENTION AND DISPOSAL: ROUTINE USES OF RECORDS MAINTAINED IN THE system is exempt from portions of the Files held until completion of eight- SYSTEM, INCLUDING CATEGORIES OF USERS AND act. THE PURPOSES OF SUCH USES: year service obligation period or as determined by the Maritime DOT/MARAD 30 See Prefatory Statement of General Administration. Routine Uses. SYSTEM NAME: SYSTEM MANAGER(S) AND ADDRESS: DISCLOSURE TO CONSUMER REPORTING Commitment Agreements. AGENCIES: Maritime Administration, Academies SECURITY CLASSIFICATION: Program Officer, Office of Maritime Disclosures pursuant to 5 U.S.C. Unclassified, sensitive. Labor, Training & Safety, 400 Seventh 552a(b)(12): Disclosures may be made Street, SW, Rm. 7302, Washington, DC from this systems to ‘‘consumer SYSTEM LOCATION: 20590. reporting agencies’’ (collecting on behalf Maritime Administration, Academies of the United States Govt.) as defined in Program Officer, Office of Maritime NOTIFICATION PROCEDURE: the Fair Credit Reporting Act (15 U.S.C. Labor, Training & Safety, MAR–250, 400 Same as ‘‘System manager.’’ 1681a(f)) or the Federal Claims Seventh Street, SW, Washington, DC Collection Act of 1982 (31 U.S.C. 20590. RECORD ACCESS PROCEDURES: 3701(a)(3)). Same as ‘‘System manager.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE POLICIES AND PRACTICES FOR STORING, SYSTEM: CONTESTING RECORD PROCEDURES: RETRIEVING, ACCESSING, RETAINING, AND Students, graduates of United States Same as ‘‘System manager.’’ DISPOSING OF RECORDS IN THE SYSTEM: Merchant Marine Academy and State RECORD SOURCE CATEGORIES: STORAGE: maritime academies. Paper records in file folders. Students, graduates of the United CATEGORIES OF RECORDS IN THE SYSTEM: States Merchant Marine Academy and RETRIEVABILITY: Files containing information of State maritime academies. Alphabetically by midshipman’s students, graduates of United States EXEMPTIONS CLAIMED FOR THE SYSTEM: name. Merchant Marine Academy and State maritime academies. Information may None. SAFEGUARDS: contain addresses, social security DOT/NHTSA 401 Records are located in lockable metal numbers, and medical information. file cabinets or in metal file cabinets in SYSTEM NAME: secured rooms or in secured premises AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Docket System. with access limited to those whose 46 App. U.S.C. 1295b(e). official duties require access. SECURITY CLASSIFICATION: PURPOSES(S): Unclassified, sensitive. RETENTION AND DISPOSAL: Determine if a student or graduate of Retained on site for five years after the United States Merchant Marine SYSTEM LOCATION: graduation, then disposed of in Academy, USMMA, or subsidized Department of Transportation, accordance with the unit’s record student or graduate of a State maritime National Highway Traffic Safety control schedule. academy has a waivable/deferrable Administration, NHTSA, Office of situation that prevents him/her from Information Resource Management, SYSTEM MANAGER(S) AND ADDRESS: fulfilling the requirements for their Technical Information Services, NAD– Commandant of Midshipman, United service obligation contract. 40, 400 7th Street, SW, Room 5111, States Merchant Marine Academy, Washington, DC 20590. Kings Point, NY 11024. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURE: THE PURPOSES OF SUCH USES: SYSTEM: Division of General and International See Prefatory Notice of General Individuals who have commented on Law, MAR–221, Office of the Chief Routine Uses. notices of NHTSA appearing in the Counsel, Maritime Administration, 400 Federal Register. Authors of reports that 7th Street, SW, Washington, DC 20590. DISCLOSURE TO CONSUMER REPORTING are added to the docket as background AGENCIES: information. RECORD ACCESS PROCEDURES: None. Same as ‘‘Notification procedure.’’ CATEGORIES OF RECORDS IN THE SYSTEM: POLICIES AND PRACTICES FOR STORING, Summary of the nature of the CONTESTING RECORD PROCEDURES: RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: comment or the report, date written and Same as ‘‘Notification procedure.’’ filed, author affiliation. STORAGE: RECORD SOURCE CATEGORIES: File information is on computer with AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The subject midshipman. Faculty hard copy back up material in metal 49 CFR Part 7 7.45, and Part 7, App.F. administrators and midshipman corps cabinets in a secured room. officers who provide copies to the PURPOSE(S): midshipman. Former employers, RETRIEVABILITY: Gather information for use in the teachers, and school authorities, and Name. NHTSA Reference Docket

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ROUTINE USES OF RECORDS MAINTAINED IN THE Research Board, 2101 Constitution Ave., RECORD SOURCE CATEGORIES: SYSTEM, INCLUDING CATEGORIES OF USERS AND NW., Washington, DC 20418. Publications related to highway THE PURPOSES OF SUCH USES: safety. To gather information on responses to CATEGORIES OF INDIVIDUALS COVERED BY THE rules promulgated by NHTSA. Users are SYSTEM: EXEMPTIONS CLAIMED FOR SYSTEM: both NHTSA staff members and public. Writers of technical articles and None. Other uses include searching for reports who have authored publications DOT/NHTSA 411 background data on standards, selected for inclusion in the Highway determining areas for further research, Safety Literature database. SYSTEM NAME: and preparation for litigation. See CATEGORIES OF RECORDS IN THE SYSTEM: General Public Correspondence Prefatory Statement of General Routine System. Uses. Bibliographic information giving title of article, book, or paper written; journal SECURITY CLASSIFICATION: DISCLOSURE TO CONSUMER REPORTING or other publication in which it appears; Unclassified, sensitive. AGENCIES: date of publication; abstract. The file is None similar in nature to the card catalog of SYSTEM LOCATION: a library. Department of Transportation, POLICIES AND PRACTICES FOR STORING, National Highway Traffic Safety RETRIEVING, ACCESSING, RETAINING, AND AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: Administration, NHTSA, Office of the 5 U.S.C. 301, 49 U.S.C. 322. Executive Secretariat, NOA–10, 400 7th STORAGE: Street, SW., Room 5221, Washington, PURPOSE(S): Manual file. DC 20590. Gather technical articles and reports RETRIEVABILITY: for inclusion in NHTSA’s Highway CATEGORIES OF INDIVIDUALS COVERED BY THE By individual name. Safety Literature catalog. SYSTEM: Individuals who have requested SAFEGUARDS: ROUTINE USES OF RECORDS MAINTAINED IN THE information or advice from the Agency. Records are maintained in a Technical SYSTEM, INCLUDING CATEGORIES OF USERS AND Reference Library. THE PURPOSES OF SUCH USES: CATEGORIES OF RECORDS IN THE SYSTEM: Users are principally NHTSA staff Correspondence with individuals who RETENTION AND DISPOSAL: members and their contractors who have requested information or advice on Indefinitely held. require literature searches prior to promoting devices. performing research. See Prefatory SYSTEM MANAGER(S) AND ADDRESS: Statement of General Routine Uses. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Office of Information Resource 5 U.S.C. 301, 49 U.S.C. 322. Management, Technical Information DISCLOSURE TO CONSUMER REPORTING Services, Department of Transportation, AGENCIES: PURPOSE (S): National Highway Traffic Safety None. Provide agency with background Administration, NAD–40, Room 5111, information on number of issues, 400 7th Street, SW., Washington, DC POLICIES AND PRACTICES FOR STORING, reports, etc., and/or who seek guidance RETRIEVING, ACCESSING, RETAINING, AND 20590. from NHTSA. DISPOSING OF RECORDS IN THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE NOTIFICATION PROCEDURE: STORAGE: SYSTEM, INCLUDING CATEGORIES OF USERS AND Same as ‘‘System manager.’’ Magnetic tape. THE PURPOSES OF SUCH USES:

RECORD ACCESS PROCEDURES: RETRIEVABILITY: Reference purposes. See Prefatory Statement of General Routine Uses. Same as ‘‘System manager.’’ By individual name. CONTESTING RECORD PROCEDURES: DISCLOSURE TO CONSUMER REPORTING SAFEGUARDS: AGENCIES: Same as ‘‘System manager.’’ Records are stored in file cabinets. None. RECORD SOURCE CATEGORIES: RETENTION AND DISPOSAL: POLICIES AND PRACTICES FOR STORING, From letters freely sent to NHTSA by Records are maintained indefinitely. RETRIEVING, ACCESSING, RETAINING, AND the public; publications used by DISPOSING OF RECORDS IN THE SYSTEM: engineers in writing standards. SYSTEM MANAGER(S) AND ADDRESS: STORAGE: Office of Information Resource EXEMPTIONS CLAIMED FOR THE SYSTEM: In file folders. Management, Technical Information None. Services, Department of Transportation, RETRIEVABILITY: DOT/NHTSA 402 National Highway Traffic Safety By individual name. Administration, NAD–40, 400 7th SYSTEM NAME: Street, SW., Room 5111, Washington, SAFEGUARDS: Highway Safety Literature Personal DC 20590. Conserva-Files; locked when not in Author File. use. NOTIFICATION PROCEDURE: SECURITY CLASSIFICATION: Same as ‘‘System manager.’’ RETENTION AND DISPOSAL: Unclassified, sensitive. Records are retained for one year and RECORD ACCESS PROCEDURES: are then discarded. SYSTEM LOCATION: Same as ‘‘System manager.’’ Department of Transportation, SYSTEM MANAGER(S) AND ADDRESS: National Highway Traffic Safety CONTESTING RECORD PROCEDURES: Department of Transportation, Administration, NHTSA, Transportation Same as ‘‘System manager.’’ National Highway Traffic Safety

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Administration, Office of the Executive POLICIES AND PRACTICES FOR STORING, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND Secretary, NOA–10, 400 7th Street, SW., PURPOSE(S): DISPOSING OF RECORDS IN THE SYSTEM: Washington, DC 20590. To gather information/evidence in the STORAGE: NOTIFICATION PROCEDURE: conduct of alleged defective vehicles or Same as ‘‘System manager.’’ File folder storage and in an vehicle equipment. electronic database. RECORD ACCESS PROCEDURES: ROUTINE USES OF RECORDS MAINTAINED IN THE RETRIEVABILITY: SYSTEM, INCLUDING CATEGORIES OF USERS AND Same as ‘‘System manager.’’ THE PURPOSES OF SUCH USES: By individual name, dealer name, CONTESTING RECORD PROCEDURES: complainant name, case number and Check complaints about vehicle Same as ‘‘System manager.’’ vehicle identification number. defects to spot trends, resulting in investigations of the vehicle model. See RECORD SOURCE CATEGORIES: SAFEGUARDS: Prefatory Statement of General Routine Individuals. Locked files and restricted electronic Uses. EXEMPTIONS CLAIMED FOR THE SYSTEM: access. Files are regularly used only by DISCLOSURE TO CONSUMER REPORTING None. members of the Odometer Fraud Staff. AGENCIES: RETENTION AND DISPOSAL: None. DOT/NHTSA 413 Retained for five years after case is POLICIES AND PRACTICES FOR STORING, SYSTEM NAME: closed, then destroyed. RETRIEVING, ACCESSING, RETAINING, AND Odometer Fraud Data Base Files. DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: STORAGE: SECURITY CLASSIFICATION: Department of Transportation, Unclassified, sensitive. National Highway Traffic Safety Disc pack and paper file. SYSTEM LOCATION: Administration, Attn: Chief, Odometer RETRIEVABILITY: Fraud Staff, 400 Seventh Street, SW., Department of Transportation, Identification number for each vehicle Room 6208, Washington, DC 20590. National Highway Traffic Safety Adm., owner. NHTSA, Safety Assurance (NSA–01), NOTIFICATION PROCEDURE: SAFEGUARDS: Odometer Fraud Staff (NSA–20), 400 Same as ‘‘System manager.’’ Coded entry numbers. Seventh Street, SW., Room 5321, Washington, DC 20590 RECORD ACCESS PROCEDURES: RETENTION AND DISPOSAL: Eight years or indefinite. CATEGORIES OF INDIVIDUALS COVERED BY THE Same as ‘‘System manager.’’ SYSTEM: CONTESTING RECORD PROCEDURES: SYSTEM MANAGER(S) AND ADDRESS: Suspects, defendants, witnesses, Same as ‘‘System manager.’’ Chief, Special Projects Staff, informants, automobile dealers, and Department of Transportation, National victims of odometer fraud. RECORD SOURCE CATEGORIES: Highway Traffic Safety Administration, NHTSA, Office of Defects Investigation, CATEGORIES OF RECORDS IN THE SYSTEM: Victims, automobile dealers, banks, State motor vehicle departments, State NSA–10, 400 7th Street, SW., Room Information on suspects, defendants, and Federal law enforcement agencies, 5326, Washington, DC 20590. witnesses, informants, motor vehicles, and other sources used during the automobile dealers, victims and other NOTIFICATION PROCEDURE: course of criminal investigations. related data obtained through Federal Department of Transportation, grand jury subpoenas. Information may EXEMPTIONS CLAIMED FOR THE SYSTEM: National Highway Traffic Safety contain addresses, dates of birth, None. Administration, NHTSA, Director, financial data, criminal history records, Office of Information Resource business records, and numerous other DOT/NHTSA 415 Management, Technical Information data obtained through Federal grand SYSTEM NAME: Services, NAD–40, 400 7th St., SW., jury subpoenas. Room 5111, Washington, DC 20590. Office of Defects Investigation/Defects PURPOSES(S): Information System, ODI/DIMS. RECORD ACCESS PROCEDURES: To gather information to be used in Same as ‘‘Notification procedure’’. allegations of odometer fraud. SECURITY CLASSIFICATION: Unclassified, sensitive. CONTESTING RECORD PROCEDURES: ROUTINE USES OF RECORDS MAINTAINED IN THE Same as ‘‘Notification procedure’’. SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM LOCATION: THE PURPOSES OF SUCH USES: Department of Transportation, RECORD SOURCE CATEGORIES: Files are maintained for use in National Highway Traffic Safety General public, State highway offices, criminal investigations and to support Administration, NHTSA, Office of insurance companies, vehicle criminal prosecutions by the United Defects Investigation, NSA–01, 400 7th manufacturers. States Department of Justice. Data are Street, SW., Room 2403, Washington, EXEMPTIONS CLAIMED FOR THE SYSTEM: released also to authorized State and DC 20590. Federal law enforcement agencies and None. CATEGORIES OF INDIVIDUALS COVERED BY THE personnel and to victims under 42 DOT/NHTSA 417 U.S.C. 10606(b)(7). See Prefatory SYSTEM: Statement of General Routine Uses. Vehicle owners. SYSTEM NAME: National Driver Register, NDR. DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF RECORDS IN THE SYSTEM: AGENCIES: Vehicle identification, vehicle SECURITY CLASSIFICATION: None. problem. Unclassified, sensitive.

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SYSTEM LOCATION: RETRIEVABILITY: SYSTEM LOCATION: Department of Transportation, The master file is indexed by surname Department of Transportation, National Highway Traffic Safety and refined by program application National Highway Traffic Safety Administration, NHTSA, Office of using screening criteria such as given Administration, NHTSA, Office of Chief Research and Traffic Records, Driver names, date of birth and physical Counsel, NCC–01, 400 7th Street, SW., and Traffic Records Division, NTS–24, characteristics. Room 5219, Washington, DC 20590. 400 7th Street, SW., Room 6124, SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE Washington, DC 20590. SYSTEM: The data files are maintained in a CATEGORIES OF INDIVIDUALS COVERED BY THE building under surveillance by a 24- Petitioners (commercial entities) SYSTEM: hour guard force. In addition, the spaces seeking exemption from Federal motor vehicle safety standards. Persons who have had their driver’s in which the files are maintained are license denied, withdrawn, revoked or equipped with lockable doors, which CATEGORIES OF RECORDS IN THE SYSTEM: suspended for cause, or who have been are locked when vacated. All NDR Income statement and balance sheets, convicted of certain services traffic employees are briefed on NDR security production information. violations as reported by State/ requirements and their responsibilities. Territorial driver licensing authorities. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETENTION AND DISPOSAL: 49 U.S.C. 30113. CATEGORIES OF RECORDS IN THE SYSTEM: Records of actions that have been canceled or rescinded are purged from PURPOSE(S): NDR records include: The reporting the file upon receipt of notification from Gather information regarding jurisdiction, the subject’s full name, the reporting jurisdiction. Other records exemptions and possible penalties on other names used, date of birth, driver are retained for seven or five years Federal motor vehicle safety standards. license number and/or social security depending on the reason for withdrawal number (if used by the reporting DISCLOSURE TO CONSUMER REPORTING of the individual’s license. Withdrawals jurisdiction), sex, height, weight, eye AGENCIES: for drunk driving, hit and run, fatal color, the reason for withdrawal, the None. accident, felony and misrepresentation date of the withdrawal, and the date are retained for seven years. Records of ROUTINE USES OF RECORDS MAINTAINED IN THE eligible for restoration of driving ‘‘habitual offenders’’ as stipulated by SYSTEM, INCLUDING CATEGORIES OF USERS AND privilege or the date license was certain states are retained indefinitely, THE PURPOSES OF SUCH USES: actually restored. Frequently the unless otherwise requested by the For consultation by attorneys while physical data are not provided by the reporting state. All other master file file is active; copies in public docket. reporting agency. records are retained for five years. See Prefatory Statement of General PURPOSE(S): Magnetic tape records are erased by Routine Uses. degaussing, using 86db degaussing To provide information regarding POLICIES AND PRACTICES FOR STORING, equipment, prior to disposing of the individuals who have had their driver RETRIEVING, ACCESSING, RETAINING, AND tapes. Shredding destroys paper source licenses revoked, suspended or DISPOSING OF RECORDS IN THE SYSTEM: data reports of withdrawal. otherwise denied for cause, or who have STORAGE: been convicted of certain traffic SYSTEM MANAGER(S) AND ADDRESS: Office files. violations, etc. Chief, National Driver Register, RETRIEVABILITY: ROUTINE USES OF RECORDS MAINTAINED IN THE National Highway Traffic Safety Administration, NTS–24, Department of Temporary exemptions; filed by SYSTEM, INCLUDING CATEGORIES OF USERS AND corporation’s names. THE PURPOSES OF SUCH USES: Transportation, Room 6124, Washington, DC 20590. Provide identification of drivers who SAFEGUARDS: have had their licenses withdrawn, NOTIFICATION PROCEDURE: SAME AS ``SYSTEM Available only to the System manager suspended, revoked or otherwise denied MANAGER.'' and his secretary. for cause, or who have been convicted RECORD ACCESS PROCEDURES: RETENTION AND DISPOSAL: of certain traffic violations, in response Permanent retention. to inquiries from State or Federal driver Same as ‘‘System manager.’’ licensing officials. See Prefatory CONTESTING RECORD PROCEDURES; SYSTEM MANAGER(S) AND ADDRESS: Statement of General routine Uses. Same as ‘‘System manager.’’ Senior Staff Attorney, Department of Transportation, National Highway DISCLOSURE TO CONSUMER REPORTING RECORD SOURCE CATEGORIES: Traffic Safety Administration, Office of AGENCIES: Driver licensing administrators of the Chief Counsel, NCC–01, 400 7th Street, None. States, and the District of Columbia, or SW., Washington, DC 20590. the agencies within the jurisdictions POLICIES AND PRACTICES FOR STORING, NOTIFICATION PROCEDURE: responsible for such records. RETRIEVING, ACCESSING, RETAINING, AND Department of Transportation, DISPOSING OF RECORDS IN THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: National Highway Traffic Safety STORAGE: None. Administration, Office of Chief Counsel, NCC–01, 400 7th Street, SW., Room The NDR master file is maintained on DOT/NHTSA 422 disk storage. Source data received as 5219, Washington, DC 20590. manual input (i.e. forms, letters) are SYSTEM NAME: RECORD ACCESS PROCEDURES: converted to disk storage. Source data Temporary Exemption Petitions. Same as ‘‘Notification procedure.’’ received on magnetic tape are converted into printed listings. All source data are SECURITY CLASSIFICATION: CONTESTING RECORD PROCEDURES: batch filed. Unclassified, sensitive. Same as ‘‘Notification procedure.’’

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RECORD SOURCE CATEGORIES: NOTIFICATION PROCEDURE: SAFEGUARDS: Petitioners. Department of Transportation, Access limited to those with official National Highway Traffic Safety ‘‘need to know.’’ Personnel screening is EXEMPTIONS CLAIMED FOR THE SYSTEM: Administration, Office of Chief Counsel, employed to prevent unauthorized None. NCC–01, 400 7th Street, SW., Room disclosure. 5219, Washington, DC 20590. DOT/NHTSA 431 RETENTION AND DISPOSAL: RECORD ACCESS PROCEDURES: SYSTEM NAME: The records are maintained up to 3 Same as ‘‘Notification procedure.’’ years and then retired to the Civil Penalty Enforcement Files. Washington National Records Center. CONTESTING RECORD PROCEDURES: SECURITY CLASSIFICATION: Same as ‘‘Notification procedure.’’ SYSTEM MANAGER(S) AND ADDRESS: Unclassified, sensitive. Director, Office of Human Resources, RECORD SOURCE CATEGORIES: SYSTEM LOCATION: Department of Transportation, National NHTSA investigations and tests. Highway Traffic Safety Administration, Department of Transportation, NAD–20, 400 7th Street, SW., Room National Highway Traffic Safety EXEMPTIONS CLAIMED FOR THE SYSTEM: 5306, Washington, DC 20590. Administration, Office of the Chief None. Counsel, NCC–01, 400 7th Street, SW., NOTIFICATION PROCEDURE: DOT/NHTSA 436 Room 5219, Washington, DC 20590. Same as ‘‘System manager.’’ SYSTEM NAME: CATEGORIES OF INDIVIDUALS COVERED BY THE RECORD ACCESS PROCEDURES: Contract Grievance Records. SYSTEM: Same as ‘‘System manager.’’ Persons against whom civil penalties SECURITY CLASSIFICATION: CONTESTING RECORD PROCEDURES: are sought or contemplated for Unclassified, sensitive. violations of NHTSA-administered Same as ‘‘System manager.’’ SYSTEM LOCATION: statutes. RECORD SOURCE CATEGORIES: Department of Transportation, CATEGORIES OF RECORDS IN THE SYSTEM: Individual to who record pertains National Highway Traffic Safety and/or representative; agency officials; Investigatory records of alleged Administration, NHTSA, Office of violations. employees; witnesses; official Human Resources, NAD–20, 400 7th documents; etc. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Street, SW., Room 5306, Washington, DC 20590. EXEMPTIONS CLAIMED FOR THE SYSTEM: 49 U.S.C. 30165. None. CATEGORIES OF INDIVIDUALS COVERED BY THE PURPOSE(S): SYSTEM: DOT/NHTSA 463 Gather information for use by agency Employees in the non-professional in possible civil suits for penalty exclusive unit covered by the NHTSA/ SYSTEM NAME: violations. AFGE contract of March 5, 1974. Motor Vehicle Importation Information, MVII. ROUTINE USES OF RECORDS MAINTAINED IN THE CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM, INCLUDING CATEGORIES OF USERS AND SECURITY CLASSIFICATION: THE PURPOSES OF SUCH USES: Information or documents relating to a decision by the Administration or an Unclassified, sensitive. See Prefatory Statement of General arbitrator affecting an individual. Routine uses. SYSTEM LOCATION: PURPOSE(S): Department of Transportation, DISCLOSURE TO CONSUMER REPORTING National Highway Traffic Safety AGENCIES: To substantiate or deny allegations relating to employee grievances. Administration, Office of Vehicle Safety None. Compliance, NSA–32, 400 7th Street, ROUTINE USES OF RECORDS MAINTAINED IN THE SW., Washington, DC 20590. POLICIES AND PRACTICES FOR STORING, SYSTEM, INCLUDING CATEGORIES OF USERS AND RETRIEVING, ACCESSING, RETAINING, AND THE PURPOSES OF SUCH USES: CATEGORIES OF INDIVIDUALS COVERED BY THE DISPOSING OF RECORDS IN THE SYSTEM: To respond to the Federal Labor SYSTEM: STORAGE: Relation Authority in connection with Importers or declarants of imported Office files. an Unfair Labor Practice Procedure or to motor vehicles and motor vehicles respond to the appeal of an arbitration equipment, both private and RETRIEVABILITY: award. See Prefatory Statement of commercial. Files in CIR numerical order. General Routine Uses. CATEGORIES OF RECORDS IN THE SYSTEM: SAFEGUARDS: DISCLOSURE TO CONSUMER REPORTING Forms HS–7, declaration on motor Available only to the System Manager AGENCIES: vehicles and motor vehicle equipment and his secretary. None. subject to Federal Motor Vehicle Safety Standards. Customs reports of RETENTION AND DISPOSAL: POLICIES AND PRACTICES FOR STORING, declarations and inspections. Records Records are retained indefinitely. RETRIEVING, ACCESSING, RETAINING, AND relating to refusal of entry or penalties, DISPOSING OF RECORDS IN THE SYSTEM: and in some instances law enforcement SYSTEM MANAGER(S) AND ADDRESS: STORAGE: and court records in alleged fraud cases. Senior Staff Attorney, Department of Maintained in file folders and index PURPOSE(S): Transportation, National Highway cards. Traffic Safety Administration, Office of Gather information on importation Chief Counsel, NCC–01, 400 7th Street, RETRIEVABILITY: compliance of motor vehicle and motor SW., Washington, DC 20590. Retrieved by names of grievant(s). vehicle equipment.

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ROUTINE USES OF RECORDS MAINTAINED IN THE DOT/OST 003 Prefatory Statement of General Routine SYSTEM, INCLUDING CATEGORIES OF USERS AND Uses. THE PURPOSES OF SUCH USES: SYSTEM NAME: Records may be released to the Allegations of Infringement of United DISCLOSURE TO CONSUMER REPORTING AGENCIES: Environmental Protection Agency for States Patents. None. compliance with the Clean Air Act and SECURITY CLASSIFICATION: to the United States Customs Service for Unclassified, sensitive. POLICIES AND PRACTICES FOR STORING, import requirements. Released to State RETRIEVING, ACCESSING, RETAINING, AND divisions of motor vehicles for state SYSTEM LOCATION: DISPOSING OF RECORDS IN THE SYSTEM: purposes and to law enforcement Office of the Secretary of STORAGE: agencies in alleged fraud cases. See Transportation, Office of the General File folders stored in file cabinets. Prefatory Statement of General Routine Counsel, 400 7th Street, SW., Room Uses. 10102, Washington, DC 20590. RETRIEVABILITY: Indexed individually by name in DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF INDIVIDUALS COVERED BY THE alphabetical sequence. AGENCIES: SYSTEM: None. Individuals who believe that an SAFEGUARDS: agency of the Department of Records are disclosed only to POLICIES AND PRACTICES FOR STORING, Transportation is infringing a United individuals with established legal RETRIEVING, ACCESSING, RETAINING, AND States patent owned by the individual. interest or legal ‘‘need to know.’’ DISPOSING OF RECORDS IN THE SYSTEM: Categories of records in the system: RETENTION AND DISPOSAL: STORAGE: Copies of correspondence alleging that Paper forms and computer disc tapes. agencies of the Department of Transfer to Federal Records Center Transportation have infringed, or are two years after close of file; destroy 25 RETRIEVABILITY: infringing, United States patents owned years after close of file. By name of importer or declarant, by the originators of the SYSTEM MANAGER(S) AND ADDRESS: addressee(s) vehicle or vehicle correspondence. Copies of replies by the Mailing address: Patent Counsel, C– identification, customs district and Department Patent Counsel to the 15, United States Department of entry number, and port of entry. originator of the allegation. Copies of Transportation, and Washington, DC correspondence forwarding the SAFEGUARDS: 20590. Office Location: 400 7th Street, allegation to the particular Department SW., Room 10102. Disc or tape may be accessed only by agency accused for their comment; their discrete identification code known to replies to Patent Counsel. Copies of NOTIFICATION PROCEDURE: the System Manager and staff. Hard correspondence between the Same as ‘‘System manager.’’ paper copies are maintained in locked Department of Transportation and the cabinets. Department of Justice concerning the RECORD ACCESS PROCEDURES: allegations. Same as ‘‘System manager.’’ RETENTION AND DISPOSAL: CONTESTING RECORD PROCEDURES: Hard paper copy is retained one year CATEGORIES OF RECORDS IN THE SYSTEM: if no official claims are lodged against Copies of correspondence alleging Same as ‘‘System Manager.’’ importer or declarant. Disc and tapes that agencies of the Department of RECORD SOURCE CATEGORIES: retained for period of United States Transportation have infringed, or are Patent owners. Customs Service statute of limitations infringing, United States patents owned before erasure. by the originators of the EXEMPTIONS CLAIMED FOR THE SYSTEM: correspondence. Copies of replies by the None. SYSTEM MANAGER(S) AND ADDRESS: Department Patent Counsel to the Chief, Verification Division, Office of originator of the allegation. Copies of DOT/OST 004 Vehicle Safety Compliance, National correspondence forwarding the SYSTEM NAME: Highway Traffic Safety Administration, allegation to the particular Department Board for Correction of Military NSA–32, Department of Transportation, agency accused for their comment; their Records, BCMR. 400 7th Street, SW., Washington, DC replies to Patent Counsel. Copies of 20590. correspondence between the SECURITY CLASSIFICATION: Unclassified, sensitive. NOTIFICATION PROCEDURE: Department of Transportation and the Department of Justice concerning the SYSTEM LOCATION: Same as ‘‘System manager.’’ allegations. Department of Transportation, DOT, RECORD ACCESS PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Office of the Secretary, OST, Office of Same as ‘‘System manager.’’ 28 U.S.C. 1498. the General Counsel, 400 7th Street, SW., Room 4100, Washington, DC CONTESTING RECORD PROCEDURES: PURPOSE(S): 20590. Same as ‘‘System manager.’’ Document allegations that agencies of the Department of Transportation have CATEGORIES OF INDIVIDUALS COVERED BY THE RECORD SOURCE CATEGORIES: infringed, or are infringing, United SYSTEM: Forms executed by importers or States patents. Military personnel requesting the declarants for the NHTSA, United States Board for Correction of Military Records Customs Service, and the ROUTINE USES OF RECORDS MAINTAINED IN THE to correct their military records. Environmental Protection Agency. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: CATEGORIES OF RECORDS IN THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: Used as a record of allegations and Copies of actions of the General None. Patent Counsel’s actions thereon. See Counsel acting under delegated

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ROUTINE USES OF RECORDS MAINTAINED IN THE CATEGORIES OF INDIVIDUALS COVERED BY THE EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM: THE PURPOSES OF SUCH USES: None. Certain employees of the Office of the See Prefatory Statement of General Secretary who have availed themselves DOT/OST 016 Routine Uses. of the opportunity for a hearing in SYSTEM NAME: POLICIES AND PRACTICES FOR STORING, certain personnel matters. General Investigations Record System. RETRIEVING, ACCESSING, RETAINING, AND CATEGORIES OF RECORDS IN THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: SECURITY CLASSIFICATION: Notices of proposed adverse actions, STORAGE: Unclassified (law enforcement answers of employees, notices of sensitive). File folders stored in file cabinets decisions, and supporting material. (Conserv-a-File). SYSTEM LOCATION: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETRIEVABILITY: TASC Security Operations, SVC–150, 5 U.S.C. 1215, 1216, 7503(c), 7513(e), Department of Transportation, DOT, 400 Indexed individually by name in 7521, and 7543(e). alphabetical sequence. 7th Street, SW., Washington, DC 20590. PURPOSE(S): SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE A record of the legal services Files are kept in the office of the SYSTEM: performed and reference material for Assistant General Counsel. Requests are DOT employees and contractors. future cases. referred to the Executive Secretary, CATEGORIES OF RECORDS IN THE SYSTEM: BCMR. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Incident reports covering occurrences RETENTION AND DISPOSAL: THE PURPOSES OF SUCH USES: relating to the security of DOT Retained indefinitely for precedential Used by agency management in the personnel and headquarters buildings. purposes. preparation and conduct of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: administrative hearings. See Prefatory 5 U.S.C. 301; 49 U.S.C. 322. Mailing Address: Assistant General Statement of General Routine Uses. PURPOSE(S): Counsel for Environmental, Civil Rights DISCLOSURE TO CONSUMER REPORTING and General Law, C–10, United States AGENCIES: To maintain computerized records covering the security of DOT personnel Department of Transportation, None. Washington, DC 20590. Office Location: and headquarters buildings. To develop 400 7th Street, SW., Room 10102. POLICIES AND PRACTICES FOR STORING, proper responses to patterns of RETRIEVING, ACCESSING, RETAINING, AND incidents. NOTIFICATION PROCEDURE: DISPOSING OF RECORDS IN THE SYSTEM: Contact ‘‘System manager.’’ ROUTINE USES OF RECORDS MAINTAINED IN THE STORAGE: SYSTEM, INCLUDING CATEGORIES OF USERS AND RECORD ACCESS PROCEDURES: File folders stored in file cabinets THE PURPOSES OF SUCH USES: Contact ‘‘System manager.’’ (Conserv-a-File). See Prefatory Statement of General Routine Uses; 5 and 9 do not apply. CONTESTING RECORD PROCEDURES: RETRIEVABILITY: Same as ‘‘Record access procedure.’’ Indexed individually by name in DISCLOSURE TO CONSUMER REPORTING alphabetical sequence. AGENCIES: RECORD SOURCE CATEGORIES: Disclosures pursuant to 5 U.S.C. SAFEGUARDS: Official agency records; hearings, 552a(b)(12): Disclosures may be made documentary material from outside the Files are kept in the office of the from this systems to ‘‘consumer agency. Assistant General Counsel. reporting agencies’’ (collecting on behalf EXEMPTIONS CLAIMED FOR THE SYSTEM: RETENTION AND DISPOSAL: of the United States Govt.) as defined in the Fair Credit Reporting Act (15 U.S.C. None. Retire in 3 years; destroy in 6 years. 1681a(f)) or the Federal Claims DOT/OST 012 SYSTEM MANAGER(S) AND ADDRESS: Collection Act of 1982 (31 U.S.C. 3701(a)(3)). SYSTEM NAME: Mailing Address: Assistant General Counsel for Environmental, Civil Rights Files Relating to Personnel Hearings. POLICIES AND PRACTICES FOR STORING, and General Law, C–10, United States RETRIEVING, ACCESSING, RETAINING, AND SECURITY CLASSIFICATION: Department of Transportation, DISPOSING OF RECORDS IN THE SYSTEM: Unclassified, sensitive. Washington, DC 20590. Office Location: STORAGE: 400 7th Street, SW., Room 10102. SYSTEM LOCATION: Records are stored in file folders. Department of Transportation, DOT, NOTIFICATION PROCEDURE: Paper records in case folders in manual Office of the Secretary, OST, Office of Apply to System manager. filing system.

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RETRIEVABILITY: PURPOSE(S): Center, Security Operations, SVC–150, By name or incident title. Used by Patent Counsel and staff as a 400 7th Street, SW., Washington, DC record of determination of rights in 20590. SAFEGUARDS: inventions, determination of novelty Files are maintained in a locked room and patent ability, determination of CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: with appropriate access controls. Access patent coverage, and allocation of rights to the files is restricted to authorized in issued patents. DOT applicants, employees, former personnel on a ‘‘need-to-know’’ basis. employees, contractors, and detailees to With appropriate access controls. ROUTINE USES OF RECORDS MAINTAINED IN THE DOT from other Federal agencies. SYSTEM, INCLUDING CATEGORIES OF USERS AND CATEGORIES OF RECORDS IN THE SYSTEM RETENTION AND DISPOSAL: THE PURPOSES OF SUCH USES: : Records older than 5 years are See Prefatory Statement of General Records of personnel security deleted. Routine Uses. processing, personal data on investigative and employment forms SYSTEM MANAGER(S) AND ADDRESS: DISCLOSURE TO CONSUMER REPORTING completed by the individual, reports of AGENCIES: Principal, TASC Security Operations, investigations, records of security and None. SVC–150, 400 7th Street, SW., suitability determinations, records of Washington, DC 20590. POLICIES AND PRACTICES FOR STORING, access authorizations granted, RETRIEVING, ACCESSING, RETAINING, AND documentation of security briefings/ NOTIFICATION PROCEDURE: DISPOSING OF RECORDS IN THE SYSTEM: debriefings received, record of security violations by the individual. Same as ‘‘System manager.’’ STORAGE: RECORD ACCESS PROCEDURES: File folders stored in file cabinets. AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Same as ‘‘System manager.’’ RETRIEVABILITY: 5 U.S.C. 301; 49 U.S.C. 322. CONTESTING RECORD PROCEDURES: Indexed individually by name in PURPOSE(S): Same as ‘‘Record access procedure.’’ alphabetical sequence. To make suitability determinations for SAFEGUARDS: employment or retention in government RECORD SOURCE CATEGORIES: service, assignment to sensitive duty Records are disclosed only to positions and access to classified These records contain information individuals who have legal interest in information. obtained from interviews; review of the records or legal ‘‘need to know.’’ records and other authorized ROUTINE USES OF RECORDS MAINTAINED IN THE techniques. RETENTION AND DISPOSAL: SYSTEM, INCLUDING CATEGORIES OF USERS AND Transfer to Federal Records Center EXEMPTIONS CLAIMED FOR THE SYSTEM: THE PURPOSES OF SUCH USES: two years after close of file; destroy 25 Used by Departmental personnel Investigative data compiled for law years after close of file. enforcement purposes may be exempt security representatives, including from the access provisions pursuant to SYSTEM MANAGER(S) AND ADDRESS: contractor personnel, for making 5 U.S.C. 552a (j)(2), (k)(1) or (2). Mailing Address: Patent Counsel, C– security determinations and granting 15, United States Department of access authorizations, by Departmental DOT/OST 019 Transportation, and Washington, DC personnel management officials for making suitability determinations, by SYSTEM NAME: 20590. Office Location: 400 7th Street, SW., Room 10102. representatives of other Federal agencies Individual Personal Interests in with which the individual is seeking Intellectual Property. NOTIFICATION PROCEDURE: employment, and by Federal agencies SECURITY CLASSIFICATION: Apply to ‘‘System manager.’’ conducting official inquiries to the extent that the information is relevant Unclassified, sensitive. RECORD ACCESS PROCEDURES: and necessary to the requesting agency’s SYSTEM LOCATION: Apply to ‘‘System manager.’’ inquiry, and by Departmental officials, Department of Transportation, DOT, CONTESTING RECORD PROCEDURES: to the extent necessary, to identify the individual to sources from whom Office of the Secretary, OST, Office of Same as ‘‘Record access procedures’’ the General Counsel, 400 7th Street, information is requested for any of the SW., Room 10102, Washington, DC RECORD SOURCE CATEGORIES: foregoing purposes to inform the source 20590. Individual inventors, technical of the nature and purpose of the request evaluators, and United States Patent and and to indicate the type of information CATEGORIES OF INDIVIDUALS COVERED BY THE Trademark Office. requested. See Prefatory Statement of SYSTEM: General Routine Uses. Inventors employed by or having EXEMPTIONS CLAIMED FOR THE SYSTEM: contractual relationships with the None. DISCLOSURE TO CONSUMER REPORTING AGENCIES: Department of Transportation and other DOT/OST 035 Government agencies. Disclosures pursuant to 5 U.S.C. SYSTEM NAME: 552a(b)(12): CATEGORIES OF RECORDS IN THE SYSTEM: Disclosures may be made from this Personnel Security Record System. Invention disclosures, Government systems to ‘‘consumer reporting Patents Branch cases, patent SECURITY CLASSIFICATION: agencies’’ (collecting on behalf of the applications, issued patents, and license Unclassified, sensitive. United States Govt.) as defined in the agreement files. Fair Credit Reporting Act (15 U.S.C. SYSTEM LOCATION: 1681a(f)) or the Federal Claims AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department of Transportation, Collection Act of 1982 (31 U.S.C. 49 U.S.C. 322. Transportation Administrative Service 3701(a)(3)).

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POLICIES AND PRACTICES FOR STORING, Executive Appointments to the of Transportation, and Washington, DC RETRIEVING, ACCESSING, RETAINING, AND Department of Transportation. 20590. Office Location: 400 7th Street, DISPOSING OF RECORDS IN THE SYSTEM: SW., Room 10428. SECURITY CLASSIFICATION: STORAGE: NOTIFICATION PROCEDURE: Completed forms and typed pages in Unclassified, sensitive. Inquiries may be addressed to the individual folders in a manual filing SYSTEM LOCATION: Deputy General Counsel at the address system, and on a manual system control Department of Transportation, DOT, above, either in person or in writing. If cards. Office of the Secretary, OST, Office of written the individual must provide a RETRIEVABILITY: the Assistant General Counsel for notarized signature. By name. Environmental, Civil Rights and General Law, 400 7th Street, SW., Room 10102, RECORD ACCESS PROCEDURES: SAFEGUARDS: Washington, DC 20590. Access to records requires the Stored in locked room with individual to contact in person or write CATEGORIES OF INDIVIDUALS COVERED BY THE proprietary lock or in approved security the Deputy General Counsel. SYSTEM: safe. Access limited to authorized staff CONTESTING RECORD PROCEDURES: members. Individuals nominated for top executive positions of the Department of Contest of a record is also through the RETENTION AND DISPOSAL: Transportation. Deputy General Counsel. Retained in accordance with General CATEGORIES OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: Records Schedule 18. Authorized Subject individual provides destruction done by secure means used Financial data and biographical data. Documents. for classified materials. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: 5 U.S.C. App. 101, Executive Order None. Principal, TASC Security Operations, 12731, and regulations of the Office of SVC–150, Department of Government Ethics. DOT/OST 041 Transportation, 400 7th Street, SW., PURPOSE(S): Washington, DC 20590. SYSTEM NAME: Data submitted to the General Counsel Correspondence Control Mail, CCM. NOTIFICATION PROCEDURE: as reviewing official by subject Same as System manager. individual for use by the Senate SECURITY CLASSIFICATION: Commerce Committee to determine if Unclassified, sensitive. RECORD ACCESS PROCEDURES: there would be a conflict of interest, or SYSTEM LOCATION: Same as System manager. However, the appearance of a conflict of interest, information compiled solely for the in subject’s appointment to the Department of Transportation, Office purpose of determining suitability, Department of Transportation. of the Secretary, OST, Executive eligibility, or qualification for Federal Secretariat, 400 7th Street, SW., civilian employment or access to DISCLOSURE TO CONSUMER REPORTING Washington, DC 20590. AGENCIES: classified information may be exempted CATEGORIES OF INDIVIDUALS COVERED BY THE None. from the access provisions pursuant to SYSTEM: 5 U.S.C. 552a(k)(5). ROUTINE USES OF RECORDS MAINTAINED IN THE Individuals who write, or are referred CONTESTING RECORD PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND in writing by a second party, to the THE PURPOSES OF SUCH USES: Same as ‘‘System manager.’’ Secretary, Deputy Secretary, Deputy See Prefatory Statement of General Under Secretary, and their immediate RECORD SOURCE CATEGORIES: Routine Uses. offices. Individuals who are the subject Investigative sources contacted in of an action requiring approval or action POLICIES AND PRACTICES FOR STORING, by one of the forenamed, such as appeal personnel security investigations, RETRIEVING, ACCESSING, RETAINING, AND actions, training, awards, foreign travel, National Agency Check and Written DISPOSING OF RECORDS IN THE SYSTEM: Inquiry and similar investigations; promotions, selections, grievances, and investigative reports reviewed at other STORAGE: discipline. Government agencies; personal history Legal sized documents located in CATEGORIES OF RECORDS IN THE SYSTEM: statements, employment applications locked safe. and other data provided by the Correspondence submitted by, or on RETRIEVABILITY: individual and/or other agencies. behalf of, an individual, including Individual names filed alphabetically. resumes, letters of reference, etc. EXEMPTIONS CLAIMED FOR THE SYSTEM: Responses to such correspondence. Staff SAFEGUARDS: Information compiled solely for the recommendations on actions requiring purpose of determining suitability, Physical security consists of filing approval or action by one of the eligibility, or qualification for federal records in safe; data released to Senate forenamed. civilian employment or access to Commerce Committee and authorized AUTHORITY FOR MAINTENANCE OF THE SYSTEM: classified information may be exempted officials only of the Department. 49 CFR 1.23(j). from the access provisions pursuant to RETENTION AND DISPOSAL: 5 U.S.C. 552a(k)(1) and/or (5). Records are retained for 6 years then PURPOSE(S): DOT/OST 037 destroyed. The purpose of the system is to provide history of correspondence SYSTEM NAME: SYSTEM MANAGER(S) AND ADDRESS: addressed to and signed by the Records relating to Applications for Mailing Address: Deputy General Secretary and Deputy Secretary of Senate Confirmation of Proposed Counsel, C–2, United States Department Transportation.

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ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD ACCESS PROCEDURES: POLICIES AND PRACTICES FOR STORING, SYSTEM, INCLUDING CATEGORIES OF USERS AND RETRIEVING, ACCESSING, RETAINING, AND Contact System Manager for THE PURPOSES OF SUCH USES: DISPOSING OF RECORDS IN THE SYSTEM: information on procedures for gaining Referral to the appropriate action access to records. STORAGE: office within or outside the Department File folders stored in file cabinets for preparation of a response. Referral to CONTESTING RECORD PROCEDURES: (Conserv-a-File). the appropriate agency for actions Contact System Manager for RETRIEVABILITY: involving matters of law or regulation information on procedures for beyond the responsibility of the contesting records. Appeals should be Indexed individually by name and Department, such as the Civil Service directed to the Secretary of subject in alphabetical sequence. Commission for employee appeals, the Transportation, if request for SAFEGUARDS: Department of Justice in matters of law Modification or deletion is denied. enforcement, etc. See Prefatory Records are disclosed only in Statement of General Routine Uses. RECORD SOURCE CATEGORIES: accordance with the terms of restrictive markings agreed upon between DISCLOSURE TO CONSUMER REPORTING Correspondence from individual, his submitter and DOT. AGENCIES: representative or sponsor. Responses to None. incoming correspondence. Related RETENTION AND DISPOSAL: material provided for background as Transfer to storage when three years POLICIES AND PRACTICES FOR STORING, appropriate. old; Destroy after six years. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: STORAGE: None. Mailing Address: Patent Counsel, C– Computer disc and—selectively—on 15, United States Department of microfilm for all records since 1/1/74. In DOT/OST 045 Transportation, Washington, DC 20590. Office Location: 400 7th Street, SW., hard copy for all records prior to 1/1/ SYSTEM NAME: 74. Room 10102. Unsolicited Contract or Research and RETRIEVABILITY: Development Proposals Embodying NOTIFICATION PROCEDURE: Indexed by name of correspondent, Claims of Proprietary Rights. Apply to ‘‘System manager.’’ referring individual, and subject RECORD ACCESS PROCEDURES: category (e.g., ‘‘employment’’ for SECURITY CLASSIFICATION: Apply to ‘‘System manager.’’ applicants) from 1/1/74 on. Indexed by Unclassified, sensitive. name of correspondent prior to 1/1/74. CONTESTING RECORD PROCEDURES: SYSTEM LOCATION: SAFEGUARDS: Same as ‘‘Record access procedure.’’ Department of Transportation, DOT, Computer microfilm records, and Office of the Secretary, OST, Office of RECORD SOURCE CATEGORIES: remote reader terminals, which permit the General Counsel, 400 7th Street, Forwarded by individual or by the random access to the system records, are SW., Room 10102, Washington, DC DOT office to whom unsolicited locked after office hours. During office 20590. proposal was addressed. hours computer is accessible only through terminals operated by, and CATEGORIES OF INDIVIDUALS COVERED BY THE EXEMPTIONS CLAIMED FOR THE SYSTEM: under the surveillance of, authorized SYSTEM: None. employees of the Executive Secretary. Individuals who believe they have DOT/OST 046 RETENTION AND DISPOSAL: original and innovative ideas in the field of transportation. SYSTEM NAME: Hard-copy records for 1967–1969 and Visit Control Records System. duplicate microfilms for 1974–1989 are CATEGORIES OF RECORDS IN THE SYSTEM: in the custody of National Archives and Copies of descriptions of proposed SECURITY CLASSIFICATION: Records Administration, NARA. innovations or inventions and methods Unclassified, sensitive. Microfilm Records from 1990 and of carrying out the proposal. Evaluations following are retained in the SYSTEM LOCATION: by Patent Counsel of the adequacy and Departmental headquarters building. propriety of restrictive markings on the Department of Transportation, Records are retired to NARA on a space- proposals and correspondence of the Transportation Administrative Service needed basis. Patent Counsel pertaining thereto. Center (TASC), Security Operations, SVC–150, 400 7th Street, SW., Room SYSTEM MANAGER(S) AND ADDRESS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10401, Washington, DC 20590. Department of Transportation, DOT, Office of the Secretary, OST, Executive 49 U.S.C. 322. CATEGORIES OF INDIVIDUALS COVERED BY THE Secretariat, 400 7th Street, SW., SYSTEM: Washington, DC 20590. PURPOSE(S): DOT employees, Industrial Security Used as a record of Patent Counsel’s contractor employees, non-employee NOTIFICATION PROCEDURE: action in individual unsolicited visitors to DOT facilities during security Inquiries should be directed to the proposal cases. hours. System Manager. Helpful information, in addition to the individual’s name, ROUTINE USES OF RECORDS MAINTAINED IN THE CATEGORIES OF RECORDS IN THE SYSTEM: includes date(s), subject matter, and SYSTEM, INCLUDING CATEGORIES OF USERS AND Record of clearance certification addressee(s) of the incoming THE PURPOSES OF SUCH USES: (level, date granted and basis) on correspondence, and date(s) and See Prefatory Statement of General employees to visit facilities or attend author(s) of the response(s). Routine Uses. meetings involving classified

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Department of Transportation, DOT, Office of the Secretary, OST, Office of RECORD ACCESS PROCEDURES: PURPOSE(S): the General Counsel, Office of the Apply to ‘‘System manager.’’ Maintain a record of clearances for Assistant General Counsel for individuals attending classified Environmental, Civil Rights and General CONTESTING RECORD PROCEDURES: meetings. Law, 400 7th Street, SW., Room 10102, Apply to ‘‘System manager.’’ Washington, DC 20590 and Office of the ROUTINE USES OF RECORDS MAINTAINED IN THE Chief Counsel of employing DOT RECORD SOURCE CATEGORIES: SYSTEM, INCLUDING CATEGORIES OF USERS AND agency. Data are obtained from state courts THE PURPOSES OF SUCH USES: and agencies, private attorneys, Confirming to the proper authorities CATEGORIES OF INDIVIDUALS COVERED BY THE custodians of children of DOT the security clearance for individuals SYSTEM: employees, and federal pay records. requiring access to classified Employees of the, DOT, including information; identifying individuals members of the Coast Guard, whose pay EXEMPTIONS CLAIMED FOR THE SYSTEM: authorized to be present in DOT is sought to be attached under section None. facilities. See Prefatory Statement of 459 of the Social Security Act, 42 U.S.C. DOT/OST 057 General Routine Uses. 659, for alimony or child support, or under 5 U.S.C. 5520a, for commercial SYSTEM NAME: DISCLOSURE TO CONSUMER REPORTING AGENCIES: debt. Honors Attorney Recruitment Files, DOT/OST. None. CATEGORIES OF RECORDS IN THE SYSTEM: SECURITY CLASSIFICATION: POLICIES AND PRACTICES FOR STORING, Correspondence and court orders, and RETRIEVING, ACCESSING, RETAINING, AND copies thereof, concerning attachment of Unclassified, sensitive. DISPOSING OF RECORDS IN THE SYSTEM: employees’ pay. SYSTEM LOCATION: STORAGE: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department of Transportation, DOT, Stored in an alarm-secured area in a 42 U.S.C. 659; 5 U.S.C. 5520a. Office of the Secretary, OST, Office of locked Lek-Triever file. the General Counsel, 400 7th Street, PURPOSE(S): RETRIEVABILITY: SW., Room 10428, Washington, DC Used as record of garnishments and 20590. By name. Garnishment Attorney’s action thereon. CATEGORIES OF INDIVIDUALS COVERED BY THE SAFEGUARDS: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM: Stored in locked room with SYSTEM, INCLUDING CATEGORIES OF USERS AND Third-year law students and recent THE PURPOSES OF SUCH USES: proprietary lock, available only to law school graduates. authorized staff members. See Prefatory Statement of General Routine Uses. CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: Resumes, transcripts, copies of DISCLOSURE TO CONSUMER REPORTING Maintained until expiration of visit, Personnel Form 171. Authority for AGENCIES: then destroyed. maintenance of the system: 49 U.S.C. None. SYSTEM MANAGER(S) AND ADDRESS: 323. POLICIES AND PRACTICES FOR STORING, Principal, TASC Security Operations, PURPOSES: SVC–150, Department of RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Used by General Counsel, Chief Transportation, 400 7th Street, SW., Counsels, and their staffs in filling job Washington, DC 20590. STORAGE: vacancies for attorneys. NOTIFICATION PROCEDURE: File folders stored in the Garnishment Attorney’s office. ROUTINE USES OF RECORDS MAINTAINED IN THE Same as ‘‘System manager.’’ SYSTEM, INCLUDING CATEGORIES OF USERS AND RETRIEVABILITY: THE PURPOSES OF SUCH USES: RECORD ACCESS PROCEDURES: See Prefatory Statement of General Same as ‘‘System manager.’’ Indexed individually by name in alphabetical order. Routine Uses. CONTESTING RECORD PROCEDURES: SAFEGUARDS: POLICIES AND PRACTICES FOR STORING, Same as ‘‘System manager.’’ Records are disclosed only to RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: individuals with established legal Security clearance information interest or legal ‘‘need to know.’’ STORAGE: furnished by personnel security officers. File folders in file cabinets. RETENTION AND DISPOSAL: Visit data furnished by individual. Retained for as long as the attachment RETRIEVABILITY: EXEMPTIONS CLAIMED FOR THE SYSTEM: of pay continues and thereafter as Indexed individually by name in None. needed for precedential value. alphabetical order.

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SAFEGUARDS: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM LOCATION: Records are disclosed only to SYSTEM, INCLUDING CATEGORIES OF USERS AND Office of Inspector General, DOT/ THE PURPOSES OF SUCH USES: individuals who have legal interests in OST, 400 Seventh Street, SW., the records or a legal need-to-know. Used by the Coast Guard in presenting Washington, DC 20590. OIG Regional its views to the Board concerning Offices in Baltimore, MD; Atlanta, GA; RETENTION AND DISPOSAL: pending cases. Also used by applicant Chicago, IL; Fort Worth, TX; San Retained at system location for 5 and his representative. Used by the Francisco, CA; and New York, NY; and years, then destroyed. General Counsel and his/her staff in Federal Records Center (FRC), determining whether to approve Washington, DC. SYSTEM MANAGER(S) AND ADDRESS: decisions of the Board. See Prefatory Statement of General Routine Uses. CATEGORIES OF INDIVIDUALS COVERED BY THE Mailing Address: Special Assistant to SYSTEM: the General Counsel, C–4, United States POLICIES AND PRACTICES FOR STORING, Present and former DOT employees, Department of Transportation, RETRIEVING, ACCESSING, RETAINING, AND DOT contractors and employees as well Washington, DC 20590. Office Location: DISPOSING OF RECORDS IN THE SYSTEM: 400 7th Street, SW., Room 10428. as grantees, sub-grantees, contractors, STORAGE: subcontractors and their employees and NOTIFICATION PROCEDURE: File folders stored in file cabinets. recipients of DOT monies, and other individuals or incidents subject to Contact the ‘‘System manager.’’ RETRIEVABILITY: investigation within the purview of the Indexed individually by name in one Inspector General Act. RECORD ACCESS PROCEDURES: of two alphabetical sequences Contact the ‘‘System manager.’’ representing pending and closed cases. CATEGORIES OF RECORDS IN THE SYSTEM: Also indexed by docket number. CONTESTING RECORD PROCEDURES: Results of investigations and inquiries Pending cases filed by docket number; conducted by Inspector General, OST; Same as ‘‘Record access procedure.’’ closed cases filed alphabetically. reports of investigations conducted by RECORD SOURCE CATEGORIES: SAFEGUARDS: other departmental, Federal, state, and local investigative agencies which relate Law students, recent law school Records are disclosed only to the to the mission and function of the graduates, General Counsel, Chief applicant, his representative, interested Inspector General; reports and indices Counsels and their staffs. members of Congress, and the Coast Guard. relating to ‘‘hotline’’ complaints; and EXEMPTIONS CLAIMED FOR THE SYSTEM: investigative case index card files. RETENTION AND DISPOSAL: None. AUTHORITY FOR MAINTENANCE OF THE SYSTEM Transfer of official military record of : DOT/OST 059 individual separated from service to Inspector General Act of 1978, 5 Federal Records Center when case U.S.C. App. SYSTEM NAME: closed; transfer of official military PURPOSE(S): Files of the Board for Correction of record of Active or Reserve member to Document the administration of Military Records, BCMR, for the Coast Coast Guard Headquarters when case investigations and inquiries conducted Guard. closed; retention of application file in under of the Inspector General Act of all cases. SECURITY CLASSIFICATION: 1978. SYSTEM MANAGER(S) AND ADDRESS: Unclassified, sensitive. ROUTINE USES OF RECORDS MAINTAINED IN THE Mailing Address: Executive Secretary, SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM LOCATION: Board for the Correction of Military THE PURPOSES OF SUCH USES: Department of Transportation, DOT, Records, C–60, United States The information contained in the Office of the Secretary, OST, Office of Department of Transportation, Investigative Records System is the General Counsel, Board for Washington, DC 20590. Office Location: collected and maintained in the Correction of Military Records, 400 7th 400 7th Street, SW., Room 4100. administration of the Inspector General Street, SW., Room 4100, Washington, NOTIFICATION PROCEDURE: Act of 1978 (Pub. L. 95–452) to DC 20590. Apply to ‘‘System manager.’’ investigate, prevent, and detect fraud and abuse in departmental programs CATEGORIES OF INDIVIDUALS COVERED BY THE RECORD ACCESS PROCEDURES: and operations. Material gathered is SYSTEM: Apply to ‘‘System manager.’’ used for prosecutive, civil, or Individuals who have filed CONTESTING RECORD PROCEDURES: administrative actions. These records applications for relief before the Board. may be disseminated, depending on Same as ‘‘Record access procedure.’’ jurisdiction to: DOT Officials in the CATEGORIES OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: administration of their responsibilities; Applications and related documents, United States Coast Guard, Veterans other Federal, State, local, or foreign Board decisions, and official military Administration, individual applicants. agencies or administrations, having records of applicants. interest or jurisdiction in the matter. See EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: also Prefatory Statement of General None. Routine Uses. 10 U.S.C. 1552. DOT/OST 100 DISCLOSURE TO CONSUMER REPORTING PURPOSE: AGENCIES: SYSTEM NAME: Used by the Chairman, the Board, the Investigative Record System. None. Executive Secretary, and Staff in Policies and practices for storing, determining whether to grant relief to SECURITY CLASSIFICATION: retrieving, accessing, retaining, and applicants. Unclassified—sensitive. disposing of records in the system:

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STORAGE: records and other authorized activity in advance of visits by OIG Paper records in case folders in investigative techniques. personnel if information to be examined manual filing system and on index requires a secret clearance or above; (2) EXEMPTIONS CLAIMED FOR THE SYSTEM: cards. time and attendance reports will be Investigative data compiled for law used to track temporary duty travel RETRIEVABILITY: enforcement purposes may be exempt frequency and duration, to categorize By name or incident title. from the access provisions pursuant to indirect time for periodic reports, and to 5 U.S.C. 552a (j)(2), (k)(1), or (k)(2). accrue staff hour data on assigned SAFEGUARDS: DOT/OST 101 projects; (3) planned annual leave Investigative files and case index files reporting will be used by various are maintained in several spaces with SYSTEM NAME: managers for workload planning and appropriate access controls. Access to Transportation Inspector General travel scheduling; (4) assignments investigative files is restricted to Reporting System, TIGR. information and workload status authorized personnel on a ‘‘need to information will be used by managers to know’’ basis. SECURITY CLASSIFICATION: control audits and investigations, and to RETENTION AND DISPOSAL: Unclassified, sensitive. maximize effectiveness of staff resources; (5) miscellaneous personnel Investigative material is destroyed by SYSTEM LOCATION: information will be used by staff secure means used for classified Office of Inspector General, DOT/ materials. Central OIG investigative files managers to determine training needs, OST, 400 Seventh Street, SW., promotional eligibility, education and are maintained in OIG Headquarters, Washington, DC 20590 from where the files are transferred to background, and professional the FRC Washington, DC, at prescribed CATEGORIES OF INDIVIDUALS COVERED BY THE organization participation; (6) intervals and destroyed in accordance SYSTEM: information will be used to produce with the following schedule: All active employees of the OIG, with resource management reports; (7) travel Lead Cases. Case files and temporary history data on previous employees information will be used by managers to contents are destroyed 180 days after maintained for 2 years. Present and control temporary duty travel, travel transmittal of the investigative report former DOT employees, DOT costs and issuances of travel orders; and and permanent case documents to the contractors and employees as well as (8) investigative information is collected case control office. grantees, subgrantees, contractors, and maintained in the administration of Official Case Folders. Official subcontractors and their employees and the Inspector General Act of 1978 (Pub. Investigative Case Folders are recipients of DOT monies, and other L. 95–452) to investigate, prevent, and maintained for a period of 2 years in individuals or incidents subject to detect fraud and abuse in departmental OIG Headquarters upon completion of investigation within the purview of the programs and operations. Material legal or administrative action and Inspector General Act. gathered is used for investigative case transferred to the FRC Washington, DC, management. See also Prefatory CATEGORIES OF RECORDS IN THE SYSTEM: where they are held and destroyed 10 Statement of General Routine Uses. Individual’s current position and years from the date of receipt by FRC DISCLOSURE TO CONSUMER REPORTING employment status, assignments, travel, Washington, DC. AGENCIES: experience, training, with the following Investigative and Hotline Indices. None. Destroyed 20 years after date of creation. personal data: Name, social security OIG Hotline Files. Transferred to FRC account number, date of birth, service POLICIES AND PRACTICES FOR STORING, Washington, DC, 2 years after computation date, career status, address, RETRIEVING, ACCESSING, RETAINING, AND completion of legal or administrative assigned station, job series, education, DISPOSING OF RECORDS IN THE SYSTEM: action. Destroyed 10 years from date of grade, minority status, and personnel STORAGE: transaction date. Investigative receipt by FRC Washington, DC. Active reports on magnetic disk, with General Investigative and Hotline information consists of investigation targets’ name and social security backup active records and inactive Files. Retained in OIG Headquarters and records maintained on magnetic tape. Field Offices. Destroyed when 5 years account number, organization name, old. type of investigation, offense data, RETRIEVABILITY: source of referral data and action taken. Records will be retrievable through SYSTEM MANAGER(S) AND ADDRESS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employee social security number, by Assistant Inspector General for name, or incident title, with selected Investigations, JI–1, Office of Inspector Inspector General Act of 1978, 5 U.S.C. App. records having certain secondary keys General, Department of Transportation, consisting of certain other data 400 Seventh Street, SW., Room 9210, PURPOSE(S): elements, listed in the ‘‘Categories of Washington, DC 20590. The purpose of the system is to Records in the System.’’ NOTIFICATION PROCEDURE : provide individuals with a need to SAFEGUARDS: Same as ‘‘System manager.’’ know with specific information related to (1) time and attendance of employees; (1) Records will be maintained in a RECORD ACCESS PROCEDURES: (2) workload status reports; (3) security private library not accessible by any Same as ‘‘System manager.’’ clearance alerts; (4) travel information, unauthorized user; (2) authorized user etc. identification codes will be tied to CONTESTING RECORD PROCEDURES: multiple password system to afford Same as ‘‘System manager.’’ ROUTINE USES OF RECORDS MAINTAINED IN THE additional protection; (3) any attempt to SYSTEM, INCLUDING CATEGORIES OF USERS AND bypass the password protection system RECORD SOURCE CATEGORIES: THE PURPOSES OF SUCH USES: will result in ‘‘Log-Off’’ from the system These records contain information (1) Security clearance notification or denial of access to data if access to obtained from interviews, review of alerts may be provided to an examined system is authorized; (4) physical access

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Holdings of the sheet for each Reservist which presents authorized personnel by maintaining a Regional Directors-designate and a summary of pertinent data including secure environment in the headquarters Deputy Directors-designate are partial a photograph. office; (5) access to data will be duplications of the Regional Emergency AUTHORITY FOR MAINTENANCE OF THE SYSTEM: restricted to those who require it in the Transportation Coordinator, RETCO, performance of their official duties and files and may be accessed through the Defense Production Act of 1950 and the individual who is the subject of the applicable RETCO. The RETCO and the Executive Order 11179. record (or authorized representative); Regional Emergency Transportation PURPOSE(S): and (6) tape files will be maintained in Representative, RETREP, for each region This is a government-wide program to an environmentally secure vault area may be contacted directly at the recruit and train a cadre of volunteer when not in use. addresses shown below. The Regional executives from the private sector to Director-designate and Deputy Director- RETENTION AND DISPOSAL: serve in key Federal management designate for each region may be positions during periods of national Records will be maintained for 2 years contacted by addressing mail in care of defense emergencies. after they become inactive. All inactive the RETCO for that region at the address records will be maintained on magnetic shown in the following list: Regions 1 ROUTINE USES OF RECORDS MAINTAINED IN THE tape within the computer center and and 2, First Coast Guard District, 408 SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: will be afforded the same safeguards as Atlantic Avenue, Boston, MA 02110. active records. Machine-resident records Region 3, Federal Highway Internal personnel management of the will be destroyed at the end of the 2- Administration, 10 South Harvard NDER for the Department of year period. Hard copy records will be Street, Suite 4000, Baltimore, MD Transportation, which includes staff retained until the records are replaced 21201. Region 4, Federal Aviation action and exchange of data with the Office of the Director, Federal or become obsolete. Administration Southern Region, PO Emergency Management Agency, who is Box 20636, Atlanta, GA 30320. Region SYSTEM MANAGER(S) AND ADDRESS: responsible for the entire National 5, Federal Highway Administration, Director of Information Resource Defense Executive Reserve Program. 19900 Governors Drive, Suite 301 Management, JM–10, Office of Inspector These records are available to the Olympia fields, IL 60461 Region 6, General, Department of Transportation, Secretary, any Secretarial Officer, Head Federal Aviation Administration 400 7th Street, SW., Room 7117, of an Operating Administration, or their Southwest Region, 2601 Meacham Washington, DC 20590. designated subordinates who require Blvd., Ft. Worth, TX 76137–4298. access in the pursuit of their duties, to Region 7, Federal Highway NOTIFICATION PROCEDURE: the Director and staff of OET, and the Same as ‘‘System manager.’’ Administration, P.O. Box 419715, RETCOs and their staff. Kansas City, MO 64141. Region 8, RECORD ACCESS PROCEDURES: Federal Highway Administration, 555 DISCLOSURE TO CONSUMER REPORTING Same as ‘‘System manager.’’ Zang Street, Room 400, Denver, CO AGENCIES: 80225. Region 9, Pacific Area United None. CONTESTING RECORD PROCEDURES: States Coast Guard, Coast Guard Island, Same as ‘‘System manager.’’ POLICIES AND PRACTICES FOR STORING, Alameda, CA 94501. Region 10, 13th RETRIEVING, ACCESSING, RETAINING, AND RECORD SOURCE CATEGORIES: Coast Guard District, Federal Bldg., Rm. DISPOSING OF RECORDS IN THE SYSTEM: 3590, 915 Second Ave., Seattle, WA STORAGE: (1) Official personnel folder; (2) other 98174Alaska Region, Federal Aviation personnel documents; (3) activity Administration Alaskan Region, 222 W Individual records are maintained in supervisors; (4) individual applications 7th Ave., #14, Anchorage, AK 99513. a manual system in a locked file room and forms; and (5) information obtained Emergency Facilities Liaison Officer, consisting of a filing jacket with the from interviews, review of records and FAA Records Center, West King Street individual’s name tabbed and other authorized investigative and South Maple Avenue, Martinsburg, containing all papers pertaining to him techniques. WV 25401. or her, except the following, which are maintained as stated. Mailing lists are EXEMPTIONS CLAIMED FOR THE SYSTEM: CATEGORIES OF INDIVIDUALS COVERED BY THE maintained using a personal computer. Investigative data compiled for law SYSTEM: enforcement purposes may be exempt Upper, middle, and lower RETRIEVABILITY: from the access provisions pursuant to management members of the Indexed alphabetically by name. 5 U.S.C. 552a(j)(2), (k)(l), or (k)(2). transportation industry, university Retrieved manually. DOT/RSPA 02 professors, lawyers, labor leaders, and SAFEGUARDS: businessmen who are candidates for Maintained in metal file containers or SYSTEM NAME: membership in NDER, active members other standard office equipment. National Defense Executive Reserve, of NDER, or who are former members NDER, File. whose membership has been terminated RETENTION AND DISPOSAL: by death, resignation or involuntary Held for five years from date of SECURITY CLASSIFICATION: release, and emeritus members. separation and then destroyed. Unclassified, sensitive. CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: SYSTEM LOCATION: Personnel and security forms Research and Special Programs Some records are held only in the completed by individuals consisting of Administration (DPB–30), Director of Office of Emergency Transportation applications, statements of Emergency Transportation, Department while others are held at various understanding by employers, security of Transportation (Room 8330), locations in the custody of officials in and identification data from Washington, DC 20590.

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NOTIFICATION PROCEDURE: PURPOSE(S): SYSTEM LOCATION: Inquiries may be addressed to any of To maintain information concerning Department of Transportation, DOT, the offices and officials listed under on-going and completed research and Office of the Secretary, OST, System ‘‘System locations’’. Individuals development accomplishments. physically located at the: Battelle requesting such information must sign Laboratories, Columbus, OH. the request personally and include in ROUTINE USES OF RECORDS MAINTAINED IN THE the text of the request suitable SYSTEM, INCLUDING CATEGORIES OF USERS AND CATEGORIES OF INDIVIDUALS COVERED BY THE THE PURPOSES OF SUCH USES: identification. Alternatively, personal SYSTEM: visits to the above locations with Information on on-going and Program/Project Managers and presentation of suitable identification completed research and development authors of reports. will enable individual to learn of and accomplishments. See Prefatory CATEGORIES OF RECORDS IN THE SYSTEM: have access to his or her record. Statement of General Routine Uses. Notification of technical research and RECORD ACCESS PROCEDURES: DISCLOSURE TO CONSUMER REPORTING technical reports. Individual may secure or obtain AGENCIES: information on procedures for gaining None. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: access to records by (1) referral to the 49 U.S.C. 112(d)(3). POLICIES AND PRACTICES FOR STORING, information sheet issued to him or (2) RETRIEVING, ACCESSING, RETAINING, AND PURPOSE(S): addressing a written query to the offices DISPOSING OF RECORDS IN THE SYSTEM: cited under ‘System location’ above To maintain information concerning (except the Emergency Facilities Liaison STORAGE: on-going and completed research and Officer, FAA Records Center, West King Computer disc storage and magnetic development accomplishments. Street and South Maple Avenue, tape. ROUTINE USES OF RECORDS MAINTAINED IN THE Martinsburg, WV 25401, which SYSTEM, INCLUDING CATEGORIES OF USERS AND RETRIEVABILITY: maintains duplicate files in storage THE PURPOSES OF SUCH USES: Retrievable by keywords and unique only) or (3) presenting himself or herself Information on on-going and accession number assigned by Data Base in person to those offices. completed research and development Administrator; batch process or on-line accomplishments. See Prefatory CONTESTING RECORD PROCEDURES: interaction. Statement of General Routine Uses. Same as ‘‘Record access procedures.’’ SAFEGUARDS: DISCLOSURE TO CONSUMER REPORTING RECORD SOURCE CATEGORIES: Physical security—user identification AGENCIES: Personal data submitted by the and passwords. individual; data from his or her None. RETENTION AND DISPOSAL: employer; recommendations for the POLICIES AND PRACTICES FOR STORING, system: Investigative data compiled for Up to three-year retention and then RETRIEVING, ACCESSING, RETAINING, AND law enforcement purposes may be tape is reused which destroys previous DISPOSING OF RECORDS IN THE SYSTEM: exempt from access pursuant to 5 U.S.C. data. STORAGE: 552a (j)(2), (k)(1), or (k)(2). From colleagues; mailing data from existing SYSTEM MANAGER(S) AND ADDRESS: Computer disc storage and magnetic distribution system. Chief, Transportation Research tape. Activity Information Services Branch, RETRIEVABILITY: EXEMPTIONS CLAIMED FOR THE SYSTEM: TST–25.1, Department of Retrievable by keywords and None. Transportation, Office of the Secretary, accession number assigned by Data Base 400 7th Street, SW., Washington, DC DOT/RSPA 04 Administrator, batch or on-line 20590. SYSTEM NAME: interaction. NOTIFICATION PROCEDURE: Transportation Research Activities SAFEGUARDS: Same as ‘‘System manager.’’ Information Service, TRAIS. Physical security—User identification SECURITY CLASSIFICATION: RECORD ACCESS PROCEDURES: keywords and passwords. Unclassified, Sensitive Same as ‘‘System manager.’’ RETENTION AND DISPOSAL: SYSTEM LOCATION: CONTESTING RECORD PROCEDURES: Up to five-year accessibility, tape goes Department of Transportation, DOT, Same as ‘‘System manager.’’ to archival storage. Research & Special Programs SYSTEM MANAGER(S) AND ADDRESS: Administration, RSPA, Transportation RECORD SOURCE CATEGORIES: Chief, Transportation Research Systems Center, TSC, Kendall Square, Contract Awards from Contracting Information Services Branch, TST–25.1, Cambridge, MA 02142. Offices, Publication of Technical Report. Department of Transportation, Office of CATEGORIES OF INDIVIDUALS COVERED BY THE EXEMPTIONS CLAIMED FOR THE SYSTEM: the Secretary, 400 7th Street, SW., SYSTEM: None. Washington, DC 20590. Program/Project Managers and NOTIFICATION PROCEDURE: research investigators. DOT/RSPA 05 Same as ‘‘System manager.’’ CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM NAME: Notification of Technical Research Transportation Research Information RECORD ACCESS PROCEDURES: and Development. Service On Line, TRIS-On-Line. Same as ‘‘System manager.’’

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SECURITY CLASSIFICATION: CONTESTING RECORD PROCEDURES: 49 U.S.C. 112(d)(3). Unclassified, Sensitive. Same as ‘‘System manager.’’

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RECORD SOURCE CATEGORIES: subordinates (national and regional) and DOT/RSPA 08 to individuals listed. See Prefatory Contract awards received from SYSTEM NAME: Contracting Offices, Publication of Statement of General Routine Uses. Technical Pipeline Safety Committees Technical Reports. DISCLOSURE TO CONSUMER REPORTING for Natural Gas and Hazardous Liquid. EXEMPTIONS CLAIMED FOR THE SYSTEM: AGENCIES: SECURITY CLASSIFICATION: None. None. Unclassfied, sensitive.

DOT/RSPA 06 POLICIES AND PRACTICES FOR STORING, SYSTEM LOCATION: RETRIEVING, ACCESSING, RETAINING, AND SYSTEM NAME: DISPOSING OF RECORDS IN THE SYSTEM: Department of Transportation, DOT, Emergency Alerting Schedules. Research and Special Programs STORAGE: Administration, Office of Pipeline SECURITY CLASSIFICATION: Publication is maintained in stock, in Safety, 400 7th Street, SW., Room 2335, Unclassified, sensitive. listings in each office of record, and in Washington, DC 20590. standard filing equipment in locked file SYSTEM LOCATION: CATEGORIES OF INDIVIDUALS COVERED BY THE rooms. SYSTEM: These records are located in the national headquarters of the Offices of RETRIEVABILITY: Members of Technical Pipeline Safety the Secretary; the heads of operating Manually by position listing. Standards Committee. Members of administrations, regional offices of the Technical Hazardous Liquid Pipeline SAFEGUARDS: Regional Emergency Transportation Safety Standards Committee. Coordinators, the Regional Metal file containers or other standard Intermittent consultants. Administrators, Directors and office equipment secured in a locked CATEGORIES OF RECORDS IN THE SYSTEM: Commanders of the operating file room during office duty hours. Biographical data in support of administrations and in headquarters of RETENTION AND DISPOSAL: member’s nomination. operating administrations divisions, Letters announcing member’s Retained until republished then district commands, and other field appointment/reappointment. Personnel destroyed. offices of the Department. Actions. SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF INDIVIDUALS COVERED BY THE AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM: Director of Emergency Transportation, 49 CFR Parts 190 through 195 Professional and clerical employees DET–1, Department of Transportation, and military members of the United Research and Special Programs PURPOSE(S): States Government, Directors— Administration, 400 7th Street, SW., To provide a guiding group to ensure designate and Deputy Directors— Washington, DC 20590. that the interests of all pipeline stakeholders are represented, for designate and members of the National NOTIFICATION PROCEDURE: Defense Executive Reserve who have providing a forum for discussing been given emergency billet Inquiries may be addressed to any of program plans and activities of the assignments within the Department of the offices listed under ‘‘System Office of Pipeline Safety. Transportation Emergency Structure. Locations.’’ Individuals requesting such information must sign the request and ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND CATEGORIES OF RECORDS IN THE SYSTEM: include suitable identification. THE PURPOSES OF SUCH USES: Alternatively, personal visits to the The Alerting Charts and Schedules General reference purposes for show names and office and home above locations with presentation of the above credentials will enable individual support functions. telephone numbers of individuals in See Prefatory Statement of General to learn of and have access to his or her calling sequence and are listed by Routine Uses. national headquarters and by regional record. offices; also contain similar listings DISCLOSURE TO CONSUMER REPORTING RECORD ACCESS PROCEDURES: designed for management convenience AGENCIES: within DOT and the operating elements. Individual may secure or obtain None. information on procedures for gaining AUTHORITY FOR MAINTENANCE OF THE SYSTEM: access to records by (1) referral to the POLICIES AND PRACTICES FOR STORING, information sheet issued to him or (2) RETRIEVING, ACCESSING, RETAINING, AND DOT Order 1910.2C, dated May 1980. DISPOSING OF RECORDS IN THE SYSTEM: addressing a written query to the offices PURPOSE(S): cited under System Location, (except STORAGE: A team of individuals who can carry the Facility Manager, FAA Records In file folders. out the essential functions of the Center, West King Street and South RETRIEVABILITY: Department of Transportation if the Maple Avenue, Martinsburg, WV 25401, Alphabetically by name within need arises. who maintains duplicate files in storage subject area. only) or (3) presenting himself to those ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND offices. SAFEGUARDS: Room locked after hours, most THE PURPOSES OF SUCH USES: CONTESTING RECORD PROCEDURES: information is public knowledge. For identification of individuals Same as ‘‘Record access procedures.’’ required to ensure viability of DOT in RETENTION AND DISPOSAL: the immediate preattack—transattack— RECORD SOURCE CATEGORIES: Kept indefinitely. postattack period of a national defense Office or Agency of employment. emergency. Available to the Secretarial SYSTEM MANAGER(S) AND ADDRESS: Officers, heads of operating EXEMPTIONS CLAIMED FOR THE SYSTEM: Advisory Committee Executive administrations or designated None. Director, Department of Transportation,

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Office of Pipeline Safety, 400 7th Street, ROUTINE USES OF RECORDS MAINTAINED IN THE 192.612, and 49 CFR 195.413: SW., Washington, DC 20590. SYSTEM, INCLUDING CATEGORIES OF USERS AND Information Resources Manager, Office THE PURPOSES OF SUCH USES: of Pipeline Safety, DPS–21, Research NOTIFICATION PROCEDURE: To disclose pertinent information to and Special Programs Administration, Address inquiries to System manager Federal, state, and local governmental United States Department of including individual’s name. agencies responsible for responding to Transportation, Washington, DC 20590. incidents involving the release of RECORD ACCESS PROCEDURES: hazardous materials to assist in efforts NOTIFICATION PROCEDURE: Information may be obtained from the to protect life, health, safety, and Inquiries should be directed to the System manager. environmental conditions; to enforce appropriate system manager at the given address. CONTESTING RECORD PROCEDURES: related Federal, state, and local regulations; or to evaluate or develop RECORD ACCESS PROCEDURES: Same as for Access above. regulatory programs. To disseminate Contact the appropriate system RECORD SOURCE CATEGORIES: information on the transportation of manager at the given address for Biographical Information (DOT Form hazardous materials to industrial, commercial, educational, scientific, information on procedures for gaining F 1120.1) Travel Vouchers (SF 1012). access to records. Certificate of Consultant’s Services. research, or private entities to assess Press Releases. Administrative trends, risks, consequences, or other CONTESTING RECORD PROCEDURES: Correspondence/Memorandums. potentialities associated with the release Same as record access procedures. of hazardous materials during EXEMPTIONS CLAIMED FOR THE SYSTEM: transportation, or to analyze factors RECORD SOURCE CATEGORIES: None. affecting hazardous materials incidents. Information in this system of records To disseminate information to the is provided by the individuals covered DOT/RSPA 09 public media for use in informing the by this system; companies; Federal, public of issues related to the SYSTEM NAME: state, and local governmental agencies; transportation of hazardous materials. and other entities reporting releases of Hazardous Materials Incident The general routine uses in the prefatory hazardous materials that occurred Telephonic Report System. statement apply to these records. during transportation or that affect the SECURITY CLASSIFICATION: DISCLOSURE TO CONSUMER REPORTING environment. Sensitive. AGENCIES: EXEMPTIONS CLAIMED FOR THE SYSTEM: None. SYSTEM LOCATION: None. United States Department of POLICIES AND PRACTICES FOR STORING, DOT/RSPA 10 Transportation, The John A. Volpe RETRIEVING, ACCESSING, RETAINING, AND National Transportation Systems Center DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM NAME: Kendall Square, Cambridge, MA 02142 STORAGE: Hazardous Materials Incident Written Report System. CATEGORIES OF INDIVIDUALS COVERED BY THE These records are maintained on magnetic media. SYSTEM: SECURITY CLASSIFICATION: Individuals included in the system RETRIEVABILITY: Unclassified, Sensitive. are those making telephonic reports, Records are retrievable by all entered SYSTEM LOCATION: either as a private citizen or as a fields including the names of representative of the company involved, individuals included in the record. United States Department of to the National Response Center, NRC, Transportation, Research and Special operated by the USCG or to the EPA or SAFEGUARDS: Programs Administration, 400 Seventh to the USCG Office of Marine Safety, Access to all computer files is Street, SW., Washington, DC, 20590, Security & Environmental Protection, controlled through user-name/password United States Department of OMSSEP, of certain releases of access procedures. The computer on Transportation, The John A. Volpe hazardous materials. The system may which data is recorded is maintained in National Transportation Systems Center, also contain information on individuals an access-controlled room in an access- Kendall Square, Cambridge, MA 02142. affected by reported incidents. controlled building. CATEGORIES OF INDIVIDUALS COVERED BY THE CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: SYSTEM: Records of telephonic reports of Records are retained permanently on Individuals included in the system incidents involving the release of magnetic disk or tape. are those affected by releases of hazardous materials or environmental hazardous materials during SYSTEM MANAGER(S) AND ADDRESS: pollutants received by the NRC acting transportation (including transportation on behalf of the Research and Special For records collected by the Office of by pipeline) whose names and other Programs Administration, RSPA, the Hazardous Materials Transportation, personal information may have been USCG, and/or the EPA, or made by or RSPA, pursuant to 49 CFR 171.15: included in narrative descriptions of the to the EPA or the OMSSEP USCG. Information Systems Manager, Office of incident. Hazardous Materials Transportation, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DHM–63, Research and Special CATEGORIES OF RECORDS IN THE SYSTEM: 49 CFR 191.5 and 195.52. Programs Administration, United States Records of incidents involving the Department of Transportation, release of hazardous materials during PURPOSE(S): Washington, DC 20590. transportation (including transportation To provide early notification of For records collected by the Office of by pipeline) submitted by the carrier hazardous liquid and natural gas Pipeline Safety, RSPA, pursuant to 49 pursuant to 49 CFR 171.16, 191.9, pipeline releases. CFR 191.5, 49 CFR 195.52, 49 CFR 191.15, 195.54, and 195.58.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Paper and microfilm copies are stored in CATEGORIES OF INDIVIDUALS COVERED BY THE 49 CFR 191.9 through 191.27 and a room locked during non-duty hours. SYSTEM: 195.54, 195.55. Individuals included in the system RETENTION AND DISPOSAL: are those requesting information from PURPOSE(S): Records are retained permanently on the Hazardous Materials Information To provide written reports for magnetic disk or tape. Paper or Systems, HMIS, or requesting the hazardous liquid and natural gas microfilm copies are also retained Research and Special Programs pipeline releases, and annual reports for permanently. Administration, RSPA, publication, natural gas pipeline operator total SYSTEM MANAGER(S) AND ADDRESS: North American Emergency Response mileage and description of operator’s Guidebook. system. For records collected by the Office of Hazardous Materials Transportation, CATEGORIES OF RECORDS IN THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE RSPA, pursuant to 49 CFR 171.16: Records of requests for information SYSTEM, INCLUDING CATEGORIES OF USERS AND Information Systems Manager, Office of from governmental, commercial, or THE PURPOSES OF SUCH USES: Hazardous Materials Transportation, public media entities, or from private To disclose pertinent information to DHM–63, Research and Special citizens. Federal, state, and local governmental Programs Administration, United States agencies responsible for oversight of Department of Transportation, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: incidents involving the release of Washington, DC 20590. For records 49 CFR Parts 191.9 through 191.27 hazardous materials to assist in efforts collected by the Office of Pipeline and 195.54, 195.55. to protect life, health, and safety; to Safety, RSPA, pursuant to 49 CFR 191.9, PURPOSE(S): enforce related Federal, state, and local 191.15, 195.54, or 195.58: Information To provide written reports for regulations; or to evaluate or develop Resources Manager, Office of Pipeline hazardous liquid and natural gas regulatory programs. To disseminate Safety, DPS–21, Research and Special pipeline releases, and annual reports for information on the transportation of Programs Administration, United States natural gas pipeline operator total hazardous materials to industrial, Department of Transportation, mileage and description of operator’s commercial, educational, scientific, Washington, DC 20590. research, or private entities to assess system. NOTIFICATION PROCEDURE: trends, risks, consequences, or other ROUTINE USES OF RECORDS MAINTAINED IN THE potentialities associated with the release Inquiries should be directed to the SYSTEM, INCLUDING CATEGORIES OF USERS AND of hazardous materials during appropriate system manager at the given THE PURPOSES OF SUCH USES: transportation, or to analyze factors address. To respond to requests for affecting hazardous materials incidents. RECORD ACCESS PROCEDURES: information maintained on the To disseminate information to the hazardous Materials Information public media for use in informing the Contact the appropriate system System; to control the handling of such public of issues related to the manager at the given address for responses; and to provide statistical transportation of hazardous materials. information on procedures for gaining information on the offices’ The general routine uses in the prefatory access to records. responsibility for responding to such statement apply to these records. CONTESTING RECORD PROCEDURES: requests. To disseminate information DISCLOSURE TO CONSUMER REPORTING Same as ‘‘Record access procedures.’’ concerning the availability of the North AGENCIES: American Emergency Response RECORD SOURCE CATEGORIES: None. Guidebook or revisions to it to Information in this system of records interested parties in order to ensure that POLICIES AND PRACTICES FOR STORING, is provided by individuals acting on users of the Guidebook have the most RETRIEVING, ACCESSING, RETAINING, AND behalf of the carriers that experience current available guidance information. DISPOSING OF RECORDS IN THE SYSTEM: releases of hazardous materials during The general routine uses in the prefatory STORAGE: transportation (including transportation statement apply to these records. by pipeline). These records are maintained on POLICIES AND PRACTICES FOR STORING, magnetic disk. Duplicate paper, EXEMPTIONS CLAIMED FOR THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND microfilm or electronic image copies are DISPOSING OF RECORDS IN THE SYSTEM: None. also retained by RSPA in file cabinets. STORAGE: DOT/RSPA 11 These records are maintained on RETRIEVABILITY: magnetic disk. Duplicate paper copies of Computer records are retrievable by SYSTEM NAME: recent reports are retained by RSPA all entered fields including the name of Hazardous Materials Information offices in file folders. individuals included in the record. Requests System. Paper, microfilm, and electronic image RETRIEVABILITY: copies are not retrievable by individual SECURITY CLASSIFICATION: Computer records are retrievable by name or other personal identifier except Unclassified, Sensitive. all entered fields including the names of through use of the search capabilities of individuals included in the record. SYSTEM LOCATION: the computer records. Paper copies are not retrievable by United States Department of individual name or other personal SAFEGUARDS: Transportation, Research and Special identifier except through use of the Access to all computer and electronic Programs Administration, 400 Seventh search capabilities of the computer images are controlled through user- Street, SW., Washington, DC 20590; records. name/password access procedures. The United States Department of computer on which data is recorded is Transportation, The John A. Volpe SAFEGUARDS: maintained in an access-controlled National Transportation Systems Center, Access to all computer files is room in an access-controlled building. Kendall Square, Cambridge, MA 02142. controlled through user-name/password

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Paper copies are stored in a Government employees under Federal room locked during non-duty hours. Employees’ Compensation Act (5 U.S.C. CONTESTING RECORD PROCEDURES: 8102). Contest of these records will be RETENTION AND DISPOSAL: directed to the following: Director, Records are retained permanently on CATEGORIES OF RECORDS IN THE SYSTEM: Office of Finance, Saint Lawrence magnetic disk or tape. Paper copies are Claim documents on which are Seaway Development Corporation, PO retained according to need in a room recorded name, address, age and marital Box 520, Massena, NY 13662–0520. locked during non-duty hours, and status of claimants and details of claims, RECORD SOURCE CATEGORIES: disposed of as appropriate. documented evidence relevant to the Information is obtained directly from SYSTEM MANAGER(S) AND ADDRESS: claims provided by claimants, and claimants on Standard Form 95 and For records maintained by the Office relevant, internal Corporation investigation documents. supporting documentation provided by of Hazardous Materials Transportation, claimants and relevant, internal RSPA: Information Systems Manager, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Corporation investigation documents. Office of Hazardous Materials 5 U.S.C. 301; 28 U.S.C. 2675 and 33 Transportation, DHM–63, Research and EXEMPTIONS CLAIMED FOR THE SYSTEM: U.S.C. 5984(a)(4). Special Programs Administration, None. United States Department of PURPOSE(S): DOT/SLS 152 Transportation, Washington, DC 20590. Information will be used in evaluating For records maintained by the Office claims. Routine uses of records SYSTEM NAME: of Pipeline Safety, RSPA: Information maintained in the system, including Resources Manager, Office of Pipeline Data Automation Program Records. categories of users and the purposes of Safety, DPS–21, Research and Special such uses: SECURITY CLASSIFICATION: Programs Administration, United States Unclassified, sensitive. Department of Transportation, Used by Chief Counsel and other Federal government officials to Washington, DC 20590. SYSTEM LOCATION: determine allowability of claims. See NOTIFICATION PROCEDURE: Prefatory Statement of General Routine Saint Lawrence Seaway Development Inquiries should be directed to the Uses. Corporation, Office of Finance, PO Box appropriate system manager at the given 520, 180 Andrews Street, Massena, N.Y. address. DISCLOSURE TO CONSUMER REPORTING 13662–0520. AGENCIES: CATEGORIES OF INDIVIDUALS COVERED BY THE RECORD ACCESS PROCEDURES: None. SYSTEM: Contact the appropriate system manager at the given address for POLICIES AND PRACTICES FOR STORING, Employees and consultants. information on procedures for gaining RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: CATEGORIES OF RECORDS IN THE SYSTEM: access to records. Payroll and leave records, work STORAGE: CONTESTING RECORD PROCEDURES: measurement records, and travel File folders. Same as record access procedures. vouchers. RETRIEVABILITY: RECORD SOURCE CATEGORIES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Information in this system of records Records are retrieved by name. 5 U.S.C. 301, 44 U.S.C. 3101, 33 is provided by individuals, companies, U.S.C. 984(a)(4). SAFEGUARDS: and other entities requesting PURPOSE(S): information from the HMIS or copies of Records are kept in locked file the Emergency Response Guidebook. cabinets and are accessible only to the This system integrates leave, payroll, Chief Counsel and persons authorized work measurement, and travel Voucher EXEMPTIONS CLAIMED FOR THE SYSTEM: by him. records. None. RETENTION AND DISPOSAL: ROUTINE USES OF RECORDS MAINTAINED IN THE DOT/SLS 151 Records are retained indefinitely SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: SYSTEM NAME: since they are not extensive and are used for reference. 1. Payroll and voucher disbursement: Claimants Under Federal Tort Claims GAO audits. 2. To the Office of Child Act. SYSTEM MANAGER(S) AND ADDRESS: Support Enforcement, Administration SECURITY CLASSIFICATION: Chief Counsel, Saint Lawrence for Children and Families, Department None. Seaway Development Corporation, 400 of Health and Human Services Federal Seventh Street, SW., Room 5424, Parent Locator System, FPLS, and SYSTEM LOCATION: Washington, DC 20590. Federal Tax Offset System for use in Office of the Chief Counsel, Saint locating individuals and identifying Lawrence Seaway Development NOTIFICATION PROCEDURES: their income sources to establish Corporation, 400 Seventh Street, SW., An individual may inquire, in paternity, Establish and modify orders Room 5424, Washington, DC 20590. writing, to the system manager. of support and for enforcement action.

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3. To the Office of Child Support RECORD SOURCE CATEGORIES: RETRIEVABILITY: Enforcement for release to the Social Information contained in this system Indexed by employees name, project Security Administration for verifying would come from Saint Lawrence number, procurement number, contract social security Numbers in connection Seaway Development Corporation number, travel number, work plan with the operation of the FPLS by the records. budget number. Office of Child Support Enforcement. 4. EXEMPTIONS CLAIMED FOR THE SYSTEM: To Office of Child Support Enforcement SAFEGUARDS: for release to the Department of the None. Access to the systems and their Treasury for purposes of administering DOT/TSC 700 associated data bank is available the Earned Income Tax Credit Program through the utilization of the unique (Section 32, Internal Revenue Code of SYSTEM NAME: project and programmer numbers, and 1986) and verifying a claim with respect Automated Management Information the passwords known only by the to employment in a tax return. 5. See System. authorized custodians. Access to reports is controlled by the Reports Distribution Prefatory Statement of General Routine SYSTEM LOCATION: Uses. function of the Administrative Department of Transportation, DOT, Directorate on a need-to-know basis. For DISCLOSURE TO CONSUMER REPORTING Volpe National Transportation Systems normal working requirements, the AGENCIES: Center, Volpe, Computer Center, DTS– reports are distributed to the functional Disclosures pursuant to 5 U.S.C. 23, 55 Broadway, Cambridge, MA areas responsible for the data 552a(b)(12). Disclosures may be made 02142–1093. generation. Access to the computer from this system to ‘consumer reporting SECURITY CLASSIFICATION: room and its associated areas where agencies’ (collecting on Behalf of the Unclassified, sensitive. data and reports are stored is delineated United States Government) as defined in in the Volpe ADP Facility Document on the Fair Credit Reporting Act (15 U.S.C. CATEGORIES OF INDIVIDUALS COVERED BY THE Safeguards and Controls. 1681a(f)) or the Federal Claims SYSTEM: RETENTION AND DISPOSAL: Collection Act of 1982 (31 U.S.C. All Volpe employees. 3701(a)(3)). The systems are permanent unless CATEGORIES OF RECORDS IN THE SYSTEM: replaced. The data banks, for the most POLICIES AND PRACTICES FOR STORING, Contains job related information part, are related to fiscal year activity. RETRIEVING, ACCESSING, RETAINING, AND associated with the following Subsequent to the fiscal year, the data DISPOSING OF RECORDS IN THE SYSTEM: applications: ADP services, property banks become either part of the history STORAGE: management, rocurement requests, file of the system or are maintained by contract information, travel information, themselves for historical reasons. Magnetic tape reels, diskettes, program and related job plans, space Data records are deleted from the data microfilm cassettes and supporting utilization, and other pertinent banks on an as-required basis, and documents. management information. subsequently are eliminated from associated reports. RETRIEVABILITY: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Reports used as daily working papers Records are retrieved by name and 49 U.S.C 328, Volpe Center Working are retained only until updated reports social security number. Capital Fund; 5 U.S.C 301. are produced and then the old reports SAFEGUARDS: PURPOSE(S): are discarded. Official closing reports Records are kept in locked file For computer facility planning; corresponding to month-end and fiscal- cabinets or locked rooms accessible to budget analysis; procurement tracking; year-end periods are retained for longer Appropriate supervisor, his/her contract administration; property periods and are not subject to any immediate assistants and secretary. control. disposal procedure. SYSTEM MANAGER(S) AND ADDRESS: RETENTION AND DISPOSAL: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Chief, Computer Center, DTS–23, Records are retained in accordance THE PURPOSES OF SUCH USES: Department of Transportation, Volpe with General Accounting Office and The general purposes of this system National Transportation Systems Center, National Archives and Records are intended for internal management 55 Broadway, Cambridge, MA 02142– Administration requirements. System and control, including: Computer 1093. manager(s) and address: Director of facility planning. ADP cost distribution. Finance, Saint Lawrence Seaway Budget and planning analysis. NOTIFICATION PROCEDURES: Development Corporation, PO Box 520, Procurement tracking. Procurement Information may be obtained from the 180 Andrews Street, Massena, N.Y. statistics and analysis. Information of System manager. 13662–0520. travel incurred. Contract administration. RECORD ACCESS PROCEDURES: Control of property. Control of building NOTIFICATION PROCEDURE: Requests from individuals should be space. See Prefatory Statement of Individuals may inquire, in writing, to addressed to the System manager. An General Routine Uses. the System manager. individual may gain access to his/her DISCLOSURE TO CONSUMER REPORTING data by written request. RECORD ACCESS PROCEDURES: AGENCIES: CONTESTING RECORD PROCEDURES: Individuals may gain access to his/her None. records by submitting a written request Contest of this data will be made to to the system manager. POLICIES AND PRACTICES FOR STORING, the System Manager. If administrative RETRIEVING, ACCESSING, RETAINING, AND resolvement is not satisfactory to the DISPOSING OF RECORDS IN THE SYSTEM: CONTESTING RECORD PROCEDURES: individual, appeals may be filed in Contest of these records should be STORAGE: writing with the Secretary of directed to the system manager. Magnetic tape and disk. Transportation addressed to the General

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Counsel as follows: Department of POLICIES AND PRACTICES FOR STORING, Center, Volpe, Human Resources Transportation, Office of the Secretary, RETRIEVING, ACCESSING, RETAINING, AND Management Division, DTS–84, 55 Office of the General Counsel, 400 7th DISPOSING OF RECORDS IN THE SYSTEM: Broadway, Cambridge, MA 02142–1093. Street, SW., Washington, DC 20590. STORAGE: CATEGORIES OF INDIVIDUALS COVERED BY THE Records are maintained in paper RECORD SOURCE CATEGORIES: SYSTEM: record folders. Employee, Personnel Office, Volpe employees, in-house contractor Communications Office, Security Office. RETRIEVABILITY: personnel and visitors who have Indexed by employee’s name and/or suffered work-related occupational EXEMPTIONS CLAIMED FOR THE SYSTEM: by subject matter. illnesses, injuries or are involved in None. Government property accidents. SAFEGUARDS: DOT/TSC 702 Records are maintained in locked file CATEGORIES OF RECORDS IN THE SYSTEM: cabinets and secure safe. SYSTEM NAME: Federal Occupational Injuries and Illnesses Survey form. DOT Accident/ Legal Counsel Information Files. RETENTION AND DISPOSAL: As prescribed in applicable record Injury Reports, DOT forms 3902.1 SECURITY CLASSIFICATION: retention schedules. through 8. Department of Labor, Office Unclassified, sensitive. of Workers Compensation Programs, SYSTEM MANAGER AND ADDRESS: OWCP, for payment of medical bills and SYSTEM LOCATION: Chief Counsel, DTS–14, Volpe worker compensation, as applicable. Department of Transportation, DOT, National Transportation Systems Center, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Volpe National Transportation Systems Research and Special Programs Center, Volpe, Office of Chief Counsel, Administration, United States 49 U.S.C. 328, Volpe Center Working DTS–14, 55 Broadway, Cambridge, MA Department of Transportation, 55 Capital Fund; Executive Order 12196, 02142–1093. Broadway, Cambridge, MA 02142–1093. Occupational Safety and Health Program for Federal Employees, dated CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURES: 2/27/80; 5 U.S.C. 7902. SYSTEM: Information may be obtained from the Present and former Volpe employees. System manager. PURPOSE(S): For accident prevention. CATEGORIES OF RECORDS IN THE SYSTEM: RECORD ACCESS PROCEDURES: Counseling records relating to Requests from individuals should be ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Standards of Conduct, post-employment addressed to the System manager. An individual may gain access to his/ THE PURPOSES OF SUCH USES: restrictions, or other legal matters her records by written request. involving individual employee(s); The general purposes of these records individual claims; grievances, personnel CONTESTING RECORD PROCEDURES: are intended for internal management and control, and also for accident actions and related litigation; and An individual may seek to contest prevention. employee confidential financial information contained in his/her The routine uses of the Department of disclosure reports. records by written request made to the Labor forms are for (1) submission to System Manager. If administrative AUTHORITY FOR MAINTENANCE OF THE SYSTEM: doctors and medical institutions resolution is not satisfactory to the rendering services to individuals and (2) 49 U.S.C. 328, Volpe Center Working individual, appeals may be filed in to the Office of Workers Compensation Capital Fund; 28 U.S.C. 1346; 28 U.S.C. writing with the Secretary of Programs, Department of Labor, for ch. 171; 5 U.S.C. ch. 77, 5 U.S.C. ch. 71; Transportation addressed to the General payment of medical bills and worker 42 U.S.C. 2000e–16; 29 CFR part 1614; Counsel as follows: Department of compensation, applicable. See Prefatory 5 U.S.C. App. 4. Transportation, Office of the Secretary, Statement of General Routine Uses. PURPOSE(S): Office of the General Counsel, 400 7th Street, SW., Washington, DC 20590. To promote compliance with DISCLOSURE TO CONSUMER REPORTING AGENCIES: Standards of Conduct, conflict of RECORD SOURCE CATEGORIES: interest, and other laws, and to enable Information contained in this system None. legal counsel render consistent legal of records is provided by employees, POLICIES AND PRACTICES FOR STORING, advice. Supervisors, Legal Office, Personnel RETRIEVING, ACCESSING, RETAINING, AND Office and various Federal DISPOSING OF RECORDS IN THE SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE administrative agencies. SYSTEM, INCLUDING CATEGORIES OF USERS AND STORAGE: THE PURPOSES OF SUCH USES: EXEMPTIONS CLAIMED FOR THE SYSTEM: Forms, computerized database, and The records and the information they None. other paper records. contain may be used for internal management and control, to promote DOT/TSC 703 RETRIEVABILITY: compliance with Standards of Conduct, SYSTEM NAME: Indexed by individual’s name. conflict of interest, and other laws, and Occupational Safety and Health SAFEGUARDS: to enable legal counsel to render Reporting System. consistent advice in legal matters. Records are maintained in locked file See Prefatory Statement of General SECURITY CLASSIFICATION: cabinets and folders are stamped For Routine Uses. Unclassified, sensitive. Official Accident Prevention Use Only.

DISCLOSURE TO CONSUMER REPORTING SYSTEM LOCATION: RETENTION AND DISPOSAL: AGENCIES: Department of Transportation, DOT, Records are retained for five years and None. Volpe National Transportation Systems then destroyed by shredding.

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SYSTEM MANAGER AND ADDRESS: ROUTINE USES OF RECORDS MAINTAINED IN THE DOT/TSC 707 Chief, Engineering and Operations SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: SYSTEM NAME: Branch, DTS–874, Department of Labor Distribution System. Transportation, Volpe National The general purposes of these files are Transportation Systems Center, 55 intended for internal management and SECURITY CLASSIFICATION: control, including administrative Broadway, Cambridge, MA 02142–1093. Unclassified, sensitive. reference and scheduling of work NOTIFICATION PROCEDURES: projects, budgeting and overhead SYSTEM LOCATION: Information may be obtained from the classification. See Prefatory Statement Department of Transportation, DOT, System manager. of General Routine Uses. Volpe National Transportation Systems Center (Volpe), Financial Management RECORD ACCESS PROCEDURES: DISCLOSURE TO CONSUMER REPORTING AGENCIES: Division, Accounting Branch, DTS–823, Requests from individuals should be 55 Broadway, Cambridge, MA 02142– None. addressed to the System manager. An 1093. individual may gain access to his/her POLICIES AND PRACTICES FOR STORING, CATEGORIES OF INDIVIDUALS COVERED BY THE records by written request. RETRIEVING, ACCESSING, RETAINING, AND SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: CONTESTING RECORD PROCEDURES: All Volpe employees. STORAGE: Contest of this data will be made to CATEGORIES OF RECORDS IN THE SYSTEM: the System Manager. If administrative Electronic Files in Excel format. Contains information delineating the resolution is not satisfactory to the RETRIEVABILITY: time and charges, including fringe and individual, appeals may be filed in Stored as spreadsheet identified by project overhead, that Volpe employees writing with the Secretary of pay period ending date. worked. The main association of the Transportation addressed to the General time and charges is with employee job Counsel as follows: Department of SAFEGUARDS: assignment. Transportation, Office of the Secretary, Records are maintained in password Office of the General Counsel, 400 7th protected files with access limited to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Street, SW., Washington, DC 20590. Budget Branch PCs. 49 U.S.C. 328, Volpe Center Working Capital Fund; 5 U.S.C. 301. RECORD SOURCE CATEGORIES: RETENTION AND DISPOSAL: Documents provided by the Files are maintained for one (1) PURPOSE(S): individual concerned and immediate additional year following completion of For administrative reference, cost supervisor. current fiscal year. Files are then management, and labor assignments and deleted. expenditures. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. SYSTEM MANAGER(S) AND ADDRESS: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Chief, Budget Branch, DTS–821, DOT/TSC 704 THE PURPOSES OF SUCH USES: Department of Transportation, Volpe The general purposes of this system SYSTEM NAME: National Transportation Systems Center, 55 Broadway, Cambridge, MA 02142– are intended for internal management Stand-By Personnel Information. 1093. and control, including: Administrative reference. SECURITY CLASSIFICATION: NOTIFICATION PROCEDURES: Cost management. Unclassified, sensitive. Information may be obtained from the Labor assignments and expenditures as they relate to both the project and the SYSTEM LOCATION: System manager. employee. Department of Transportation, DOT, RECORD ACCESS PROCEDURES: Reconciliation of Payroll and Labor Volpe National Transportation Systems Requests from individuals should be system data. Center, Volpe, Financial Management addressed to the System manager. An See Prefatory Statement of General Division, Budget Branch, DTS–821, 55 individual may gain access to his/her Routine Uses. Broadway, Cambridge, MA 02142–1093. records by written request. DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF INDIVIDUALS COVERED BY THE CONTESTING RECORD PROCEDURES: AGENCIES: SYSTEM: Contest of this data will be made to Disclosures pursuant to 5 U.S.C. Volpe technical directorate personnel the System manager. If administrative 552a(b) (12): Disclosures may be made currently not fully assigned to resolution is not satisfactory to the from this system to consumer reporting authorized projects. individual, appeals may be filed in agencies (collecting on behalf of the writing with the Secretary of United States Govt.) as defined in the CATEGORIES OF RECORDS IN THE SYSTEM: Transportation addressed to the General Fair Credit Reporting Act (15 U.S.C. Employee work project status. Counsel as follows: Department of 1681a(f)) or the Federal Claims Collection Act of 1982 (31 USC 3701 (a) AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Transportation, Office of the Secretary, Office of the General Counsel, 400 7th (3)). 49 U.S.C. 328, Volpe Center Working Street, SW., Washington, DC 20590. Capital Fund; 5 U.S.C. 301. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND RECORD SOURCE CATEGORIES: PURPOSE(S): DISPOSING OF RECORDS IN THE SYSTEM: Supervisor. For administrative reference and STORAGE: scheduling of projects, budgeting, and EXEMPTIONS CLAIMED FOR THE SYSTEM: Excel spreadsheets, magnetic tape and overhead classification. None. disk.

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RETRIEVABILITY: CONTESTING RECORD PROCEDURES: PURPOSE(S): System data is indexed by employee’s An individual may gain access to his/ For administrative reference, and as a number (Social Security Number) and her data by written request. Contest of source for management information for Work Plan Budget, WPB, number within this data will be made to the System producing summary statistics and Project Plan Agreement, PPA, number. manager. If administrative resolution is registers in support of personnel, Labor Distribution Forms (Excel not satisfactory to the individual, communications, and security spreadsheets) are indexed by Volpe appeals may be filed in writing with the functions. Center organization code (DTS #) and Secretary of Transportation addressed to SSN. the General Counsel as follows: ROUTINE USES OF RECORDS MAINTAINED IN THE Department of Transportation, Office SYSTEM, INCLUDING CATEGORIES OF USERS AND SAFEGUARDS: of the Secretary, Office of the General THE PURPOSES OF SUCH USES: Access to the system and its Counsel, 400 7th Street, SW., The general purposes of this system associated database is available through Washington, DC 20590. are intended for internal management and control, including: the utilization of the unique project and RECORD SOURCE CATEGORIES: Administrative reference. programmer numbers, and the Volpe form entitled Labor Source for management information passwords known only by the Distribution Form. authorized custodians. Access to reports for producing summary statistics and is controlled by the Reports Distribution EXEMPTIONS CLAIMED FOR THIS SYSTEM: registers in support of the Personnel, function of the Administrative None. Communications and Security Directorate on a need-to-know basis. For functions. DOT/TSC 712 normal working requirements, the Source for Volpe Center Intranet reports are distributed to the functional SYSTEM NAME: information. areas responsible for the data Automated Personnel/ See Prefatory Statement of General generation. Month-end management Communications/Security System. Routine Uses. reports do not contain SSN data. SECURITY CLASSIFICATION: DISCLOSURE TO CONSUMER REPORTING Access to the computer room and its AGENCIES: associated areas where data and reports Unclassified, sensitive. Disclosures pursuant to 5 U.S.C. are stored is delineated in the Volpe SYSTEM LOCATION: 552a(b) (12): Disclosures may be made ADP Facility Document on Safeguards Department of Transportation, DOT, and Controls. from this systems to consumer reporting Volpe National Transportation Systems agencies (collecting on behalf of the RETENTION AND DISPOSAL: Center (Volpe), Computer Center, DTS– United States Govt.) as defined in the 23, 55 Broadway, Cambridge, MA Fair Credit Reporting Act (15 U.S.C. The system is permanent unless 02142–1093 replaced. The database is related to 1681a(f)) or the Federal Claims fiscal year activity. Subsequent to the CATEGORIES OF INDIVIDUALS COVERED BY THE Collection Act of 1982 (31 U.S.C. 3701 fiscal year, the database becomes part of SYSTEM: (a) (3)). All Volpe employees and tenants from the system’s history file. Data records POLICIES AND PRACTICES FOR STORING, are deleted from the database on an as other government agencies and on-site RETRIEVING, ACCESSING, RETAINING, AND required basis, and subsequently are contractors. DISPOSING OF RECORDS IN THE SYSTEM: eliminated from associated reports. Any CATEGORIES OF RECORDS IN THE SYSTEM: record deleted from database must have STORAGE: Contains the pertinent information for zero dollars associated with it and must Magnetic tape and disk. activities involved with Personnel, be authorized by System Manager, with Hard copy files (letter size and 5 x 8 Communications, and Security. the reason documented in writing. cards). Contains photographs of Volpe Center Reports used as daily working papers Volpe Center Intranet. employees. are retained only until updated reports Contains information about an RETRIEVABILITY: are produced and then the old reports individual relating to: Indexed by employee’s number, are discarded. All reports containing Social security number. SSN data are shredded. Official record Salary. employee’s name. copy reports are subject to retirement in Birth date. SAFEGUARDS: accordance with General Records Veteran preference. Schedules, GRS. Tenure. Access to the systems and their Handicap. associated databases and files is SYSTEM MANAGER(S) AND ADDRESS: Grade. available through the utilization of the Chief, Accounting Branch, DTS–823, Marital status. unique project and programmer Department of Transportation, Volpe Service computation date. numbers, and the passwords known National Transportation Systems Center, Home address and telephone number. only by the authorized custodians. 55 Broadway, Cambridge, MA 02142– Volpe location including building and Access to reports is controlled by the 1093. telephone number. Reports Distribution function of the Security clearance level and date Administrative Directorate on a need-to- NOTIFICATION PROCEDURES: granted. know basis. For normal working CSC title and classification code. Information may be obtained through Competitive level. requirements, the reports are distributed the Chief, Accounting Branch, DTS–823 Parking info—vehicle registration and to the functional areas responsible for at the address under System Location. description. the data generation. Access to the computer room and its associated areas RECORD ACCESS PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: where data and reports are stored is Requests from individuals should be 49 U.S.C. 328, Volpe Center Working delineated in the Volpe ADP Facility addressed to the System manager. Capital Fund; 5 U.S.C. 301. Document on Safeguards and Controls.

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RETENTION AND DISPOSAL: SYSTEM LOCATION: SAFEGUARDS: The systems are permanent unless Department of Transportation, DOT, Records are maintained in locked file replaced. The databases are related to Volpe National Transportation Systems cabinets and room secured when no one both fiscal year and calendar year Center, Volpe, Human Resources is there. Information from records is activity. Subsequent to the appropriate Management Division, DTS–84, Health provided only with consent of period, the databases become either part Unit/Building 1, 9th Floor, 55 employee. of the history file of the system or are Broadway, Cambridge, MA 02142–1093. RETENTION AND DISPOSAL: maintained by themselves for historical CATEGORIES OF INDIVIDUALS COVERED BY THE reasons. Data records are deleted from SYSTEM: In accordance with GRS No.1: the databases on an as-required basis, Volpe employees, tenant organization Individual Health Record Cards are and subsequently are eliminated from employees, and support service maintained until separation and sent to associated reports. Reports used as daily contractor personnel. St. Louis. Individual Health Record Case working papers are retained only until Files are maintained until separation. updated reports are produced and then CATEGORIES OF RECORDS IN THE SYSTEM: They are then sent to St. Louis. Registers the old reports are discarded. Official Individual Health Record Cards. of visits maintained until 2 years after closing reports corresponding to month- Individual Health Record Case Files. last date in log or register. Upon end, fiscal-year-end and calendar year- Register of Visits. termination of employment with Volpe, end periods are retained for longer Laser Eye Tests. latest Laser Eye Tests and Government periods and are not subject to any rigid Pre-employment Physical Driver’s Tests records are combined disposal procedure. Examinations, Health Justification with Health Record Case Files and Placement Records. disposed of as part of these files. Pre- SYSTEM MANAGER(S) AND ADDRESS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employment Physical Examinations, Chief, Administrative Services 49 U.S.C. 328, Volpe Center Working Health Justification Placement Records, Branch, DTS–872, Department of Capital Fund; Executive Order 12196, and Disability Retirement Examination Transportation, Volpe National Occupational Safety and Health become part of the official personnel Transportation Systems Center, 55 Program for Federal Employees, dated folder, OPF, upon separation, and are Broadway, Cambridge, MA 02142–1093. 2/27/80; 5 U.S.C. 7901. transferred to the NPRS, St. Louis, MO, NOTIFICATION PROCEDURES: 30 days after separation, where they are PURPOSE(S): disposed of in accordance with GRS. Information may be obtained through To maintain a medical history of any No. 1, Item 1. the Chief, Administrative Services person who receives services from the Branch from the: Department of Health Unit. SYSTEM MANAGER(S) AND ADDRESS: Transportation, Volpe National Chief, Human Resources Management Transportation Systems Center, Chief, ROUTINE USES OF RECORDS MAINTAINED IN THE Division, DTS–84, Department of Computer Center, DTS–23, 55 SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Transportation, Volpe National Broadway, Cambridge, MA 02142–1093. The general purposes of these Federal Transportation Systems Center, 55 RECORD ACCESS PROCEDURES: and tenant records are to maintain a Broadway, Cambridge, MA 02142–1093. medical history of any Volpe employee, Requests from individuals should be NOTIFICATION PROCEDURES: addressed to the System manager. including contractor personnel, who receives services from the Health Unit; Information may be obtained through CONTESTING RECORD PROCEDURES: ensure applicants for licenses to drive the Chief, Human Resources An individual may gain access to his/ Government vehicles meet physical Management Division, from the resident her records by written request. Contest requirements; and lasers are not physician or nurse, Volpe Health Unit. of this data will be made to the System adversely affecting employee’s eyes. The RECORD ACCESS PROCEDURES: Manager. If administrative resolution is routine uses of these records are to not satisfactory to the individual, respond to requests from other Doctors, Requests from individuals should be appeals may be filed in writing with the Universities and Insurance Companies, addressed to the System Manager. Secretary of Transportation addressed to and to submit medical reports to the CONTESTING RECORD PROCEDURES: the General Counsel as follows: Department of Labor, Office of Department of Transportation, Office of Employees Compensation, to meet An individual may gain access to his/ the Secretary, Office of the General requirements of the Occupational Safety her records by written request. Contest Counsel, 400 7th Street, SW., and Health Act of 1970 and DOT/Volpe of this data will be made to the System Washington, DC 20590. Safety Program. See Prefatory Statement Manager. If administrative resolution is of General Routine Uses. not satisfactory to the individual, RECORD SOURCE CATEGORIES: appeals may be filed in writing with the Employee, Personnel Office, DISCLOSURE TO CONSUMER REPORTING Secretary of Transportation addressed to AGENCIES: Communications Office, Security Office. the General Counsel as follows: None. Department of Transportation, Office of EXEMPTIONS CLAIMED FOR THE SYSTEM: POLICIES AND PRACTICES FOR STORING, the Secretary, Office of the General None. RETRIEVING, ACCESSING, RETAINING, AND Counsel, 400 7th Street, SW., DISPOSING OF RECORDS IN THE SYSTEM: DOT/TSC 714 Washington, DC 20590. STORAGE: RECORD SOURCE CATEGORIES: SYSTEM NAME: Cards, forms, logs and other paper Health Unit Employee Medical records. Employee; Health Unit Doctor/Nurse; Records. Volpe Safety Officer. RETRIEVABILITY: SECURITY CLASSIFICATION: Indexed by employee’s name and EXEMPTIONS CLAIMED FOR THE SYSTEM: Unclassified, sensitive. social security number. None.

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DeletionsÐsystem number/name Reason for deleting

DOT/OST 006 (Confidential Statement of Employment and Financial Interests) ...... Covered under OGE/GOVT±2. DOT/OST 008 (Departmental Advisory Committee Files, DOT/OST) ...... Not retrievable by name or personal identifier. DOT/OST 011 (Discrimination Complaint Investigative Files) ...... Covered under EEOC/GOVT±1. DOT/OST 013 (Employee Management Convenience Files) ...... Covered under OPM/GOVT±1 and OPM/GOVT± 2. DOT/OST 014 (Employment Applications Files) ...... Covered under OPM/GOVT±5. DOT/OST 028 (Personnel Convenience Files) ...... Covered under OPM/GOVT±1. DOT/OST 043 (Telephone Directory and Locator System) ...... Covered under DOT/ALL 11. DOT/OST 063 (Civil Rights Case Tracking System) ...... Covered under EEOC/GOVT±1. DOT/OST 032 (Management Operating Records System) ...... Covered under OPM/GOVT±1 and GSA/GOVT±3. DOT/ALL 002 (Safety Management Information System) ...... No longer maintained. DOT/ALL 004 (Station Message Detail Recording) ...... Covered under DOT/ALL 011. DOT/FAA 810 (Discrimination Complaint Files) ...... Covered under EEOC/GOVT±1. DOT/FAA 814 (Equal Employment Opportunity Minority/Female Statistical Reporting Sys- Covered under OPM/GOVT±7. tem). DOT/FAA 820 (Pending Legislation (Employee's) Private Relief & Public/Private Laws (Em- No longer maintained. ployee's) Private Relief. DOT/FAA 843 (World Home Address System) ...... No longer maintained. DOT/FAA 839 (Printing Branch Distribution System) ...... FAA no longer maintains. DOT/CG 561 (Port Safety Reporting System Individual Violation Histories) ...... No longer maintained. DOT/CG 587 (Investigation of Marine Safety Laws or Regulations) ...... No longer maintained. DOT/CG 516 (Coast Guard Military Discrimination Complaints System ...... No longer maintained. DOT/CG 517 (Complaints of Discrimination System) ...... No longer maintained. DOT/MARAD 007 (Litigation, Claims and Administrative Proceeding Records) ...... No longer maintained. DOT/MARAD 019 (Non-Attorney Practitioner Applications and Section 807 Reports) ...... No longer maintained. DOT/NHTSA 403 (Active Contract Run) ...... No longer maintained. DOT/NHTSA 423 (Vendor Edit Table Listing (employees)) ...... Covered under GSA/GOVT±4. DOT/NHTSA 424 (Offerors Mailing List) ...... No longer maintained. DOT/NHTSA 432 (EEO Counseling Program and Discrimination Complaint File) ...... Covered by EEOC/GOVT±1. DOT/NHTSA 435 (Investigations and Security) ...... No longer maintained. DOT/NHTSA 451 (Medical Records and Research Data) ...... Covered under OPM/GOVT±10. DOT/NHTSA 455 (Debt Complaint File) ...... No longer maintained. DOT/NHTSA 457 (Reference Files B Medical Records) ...... Covered under OPM/GOVT 10. DOT/NHTSA 458 (Investigations of Alleged Misconduct or Conflict of Interest) ...... Covered under DOT/OST 100. DOT/NHTSA 466 (NHTSA Employee Travel Advance and Expense File) ...... Covered under GSA/GOVT±3. DOT/NHTSA 471 (National Driver Advisory Committee B Membership/Nominee File) ...... No longer maintained. DOT/FTA 175 (Personnel Convenience Files) ...... Covered under OPM/GOVT±1 and OPM/GOVT± 2. DOT/FTA 178 (Minority Recruitment File) ...... Covered under OPM/GOVT±5. DOT/FTA 180 (Occupational Safety and Health Accident Reporting System) ...... Covered under DOL/GOVT±1. DOT/FTA 190 (Employee Travel Records) ...... Covered under GSA/GOVT±4. DOT/FTA 191 (Travel Advance File) ...... Covered under GSA/GOVT±3. DOT/FTA 195 (Confidential Statements of Employment and Financial Interests) ...... Covered under OGE/GOVT±2. DOT/FTA 196 (Office of Technical Assistance and Safety (TTS) Mailing List ...... No longer maintained. DOT/FRA 104 (Statement of Employment and Financial Interest) ...... Covered under OGE/GOVT±2. DOT/FRA 105 (Employee Travel Records) ...... Covered under GSA/GOVT±4. DOT/FRA 112 (Personnel & Pay Management Information System) ...... Covered under DOT/ALL±7, DOT/ALL-11, and OPM/GOVT±1. DOT/FRA 113 (Regional Personnel Convenience Files) ...... Covered under OPM/GOVT±1 and OPM/GOVT± 2. DOT/FRA 114 (Transportation Test Center Employee Service Record File) ...... No longer maintained. DOT/FRA 115 (Travel Advance Records) ...... Covered under GSA/GOVT±4. DOT/FRA 132 (Office of Safety Individual Enforcement Case File) ...... Covered under DOT/FRA±130. DOT/TSC 701 (Employee Travel Records) ...... Covered under GSA/GOVT±4. DOT/TSC 708 (Combined Federal Campaign Information) ...... Covered under DOT/ALL±11. DOT/TSC 709 (Minority Information Files) ...... Covered under OPM/GOVT±1, OPM/GOVT±2 and OPM/GOVT±5. DOT/TSC 715 (Bi-Weekly Personnel Status Report) ...... Covered under OPM/GOVT±1. DOT/RSPA±003 (Security Management Records) ...... Covered under DOT/OST 035. Routine Use (DOT General Routine Use #8) ...... Covered under Exemption (b)(1) of the Privacy Act.

Dated: March 31, 2000. Vanester M. Williams, Privacy Act Coordinator, Department of Transportation. [FR Doc. 00–8505 Filed 4–10–00; 8:45 am] BILLING CODE 4910±62±P

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Part IV

Department of Education National Awards Program for Effective Teacher Preparation; Inviting Applications for New Awards for Fiscal Year 2000 and Eligibility and Selection Criteria; Notices

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DEPARTMENT OF EDUCATION • Exceed the page limit if you apply DEPARTMENT OF EDUCATION these standards; or National Awards Program for Effective National Awards Program for Effective • Exceed the equivalent of the page Teacher Preparation; Notice Inviting Teacher Preparation limit if you apply other standards. Applications for New Awards for Fiscal Year (FY) 2000 Eligibility, Application, and Selection AGENCY: Office of Educational Research Criteria: The eligibility, application, and and Improvement (OERI), Department of Purpose of Program: The National selection criteria, and selection Education. Awards Program for Effective Teacher procedures, in the notice of eligibility ACTION: Notice of Eligibility And Preparation recognizes entities with and selection criteria for this program, Selection Criteria. effective preparation programs for as published elsewhere in this issue of elementary school teachers or secondary the Federal Register, apply to this SUMMARY: The Assistant Secretary for school mathematics teachers that lead to competition. OERI announces eligibility and improved student learning. The FY 2000 selection criteria to govern competitions competition, the first competition under For Applications and Further under the National Awards Program for this new awards program, focuses on Information Contact: Sharon Horn, Effective Teacher Preparation for fiscal entities that meet the eligibility and Office of Educational Research and year (FY) 2000 and future years. Using selection criteria for this program, as Improvement, U.S. Department of these criteria, the awards program will published elsewhere in this issue of the Education, 555 New Jersey Avenue, recognize programs that effectively Federal Register. NW., room 506E, Washington, DC prepare elementary school teachers or Eligible Applicants: Institutions of 20208–5644. Telephone: (202) 219–2203 secondary school mathematics teachers higher education and other entities in or FAX to (202) 219–2198. Inquiries also and that lead to improved student the States (including the District of may be sent by e-mail to: learning. Columbia, Puerto Rico, and the outlying [email protected] EFFECTIVE DATE: These eligibility and areas) that prepare elementary teachers, If you use a telecommunications device or middle or high school mathematics selection criteria are effective May 11, for the deaf (TDD), you may call the 2000. teachers, for initial certification, Federal Information Relay Service including alternative certification. (FIRS) at 1–800–877–8339. FOR FURTHER INFORMATION CONTACT: Applications Available: April 7, 2000. Sharon Horn, Office of Educational Individuals with disabilities may Deadline for Transmittal of Research and Improvement, U.S. obtain this document in an alternate Applications: July 3, 2000. Department of Education, 555 New format (e.g., Braille, large print, Deadline for Intergovernmental Jersey Avenue, NW., room 506E, audiotape, or computer diskette) on Review: September 1, 2000. Washington, DC 20208–5644. request to the contact person listed in Funds Available: None, although the Telephone: (202) 219–2203 or FAX to this section. Department intends to pay the cost of (202) 219–2198. Inquiries also may be having successful applicants attend a Electronic Access to This Document sent by e-mail to: [email protected] national ceremony at which the If you use a telecommunications device awardees will be publicly honored and You may review this document, as for the deaf (TDD), you may call the recognized. The Department also well as all other Department of Federal Information Relay Service intends to pay some of the costs Education documents published in the (FIRS) at 1–800–877–8339. associated with having successful Federal Register, in text or Adobe Individuals with disabilities may applicants make presentations on their Portable Document Format (PDF) on the obtain this document in an alternate teacher preparation programs at regional Internet at either of the following sites: format (e.g., Braille, large print, or national conferences. audiotape, or computer diskette) on Estimated Number of Awards: Up to http://ocfo.ed.gov/fedreg.htm request to the contact person listed in 5. http://www.ed.gov/news.html the preceding paragraph. Note: The Department is not bound by any estimates in this notice. To use the PDF you must have the SUPPLEMENTARY INFORMATION: This Page Limit: Applicants are to address Adobe Acrobat Reader Program with notice announces eligibility and the selection criteria that apply to this Search, which is available free at either selection criteria to govern applications competition in the application narrative of the previous sites. If you have for recognition that are submitted under of the application. The application questions about using the PDF, call the the National Awards Program for narrative must be limited to the U.S. Government Printing Office (GPO), Effective Teacher Preparation. The equivalent of no more than 30 pages, toll free, at 1–888–293–6498; or in the criteria established in this notice would plus a one-page abstract, using the Washington, DC area, at (202) 512–1530. be used to select award recipients in the following standards: Note: The official version of this document program’s initial year, FY 2000, and in • A page is 8.5″ x 11″, one-sided only, is the document published in the Federal subsequent fiscal years. with 1″ margins at the top, bottom, and Register. Free Internet access to the official This new program, which is part of a both sides. edition of the Federal Register and the Code continuing effort to honor excellence in • Double space (no more than three of Federal Regulations is available on GPO education, is the result of an increased lines per vertical inch) all text in the Access at: http://www.access.gpo.gov/nara/ emphasis across the country on teacher application narrative, including titles, index.html. quality and the well-established headings, footnotes, quotations, Program Authority: 20 U.S.C. 8001. principle that high-quality K–12 references, and captions, as well as all teachers are critical to the ability of Dated: April 6, 2000. text in charts, tables, figures, and children in our nation’s schools to graphs. C. Kent McGuire, achieve to high standards. The program • Use a font that is either 12-point or Assistant Secretary for Educational Research represents the first systematic approach larger. and Improvement. for identifying entities that have Our reviewers will not read any pages [FR Doc. 00–8934 Filed 4–6–00; 1:51 pm] successfully linked their programs for of your application that— BILLING CODE 4000±01±U preparing teachers to improved student

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We achievement levels in math and reading, mathematics teachers at the K–12 level. believe that the current emphasis on this awards program will focus, in its It is anticipated that an entity that heightened academic standards for initial year, on programs that prepare prepares elementary school teachers elementary and secondary students and elementary teachers (since elementary will focus its application on increased the need for teachers to gain the school teachers often teach both math student learning in reading and knowledge and skills necessary to teach and reading) and programs that prepare mathematics since program graduates to those standards makes this program, middle or high school mathematics teaching in elementary schools typically which focuses attention on those teachers or both. Thus, to be selected for teach both subjects. Each discipline— teacher preparation programs that are an award, applicants must be able to reading and math—is given equal particularly effective in preparing show that their graduates are effective in emphasis in this awards program. On teachers who, in turn, are effective in helping all students improve their the other hand, entities that prepare helping students improve their learning, learning in reading and mathematics at middle school teachers or high school all the more timely. the elementary level or mathematics at teachers (or both) must focus their The Assistant Secretary for OERI the middle and high school level or applications on increased student published a Notice of Proposed both. By ‘‘all students,’’ we mean the learning in mathematics, a discipline Eligibility and Selection Criteria for this diverse population of students that routinely taught in middle and high program in the Federal Register on graduates of teacher education programs schools. January 21, 2000 (65 FR 3427). As stated may encounter in the classroom or other Changes: None. in that notice, we recognize that educational setting, including regular Background and Program Description demonstrating the link between teacher and special education students, students preparation programs and the ability of from diverse backgrounds, and students Comment: One commenter suggested program graduates to improve student with limited English proficiency. The that applicants be required to consider learning is not an easy task. selection process will also depend on addressing, as part of the background Nevertheless, the difficulty involved the ability of applicants to demonstrate description of their program, any makes that link no less critical. We that their graduates have a depth of applicable State or district policies intend to select for awards no more than content knowledge in mathematics and affecting their efforts in preparing five pre-service teacher preparation reading or both, acquire general and teachers. Discussion: In addition to requiring programs that are on the leading edge in content-specific pedagogical knowledge applicants to provide the mission this effort. Our chief goal in recognizing and skills, and develop skills to statement, goals and objectives, and these programs is to foster an examine attitudes and beliefs about components of their teacher preparation understanding of how these noteworthy learners and the teaching profession. programs design their teacher program, the Background section of the Note: This notice does not solicit proposed selection criteria instructed preparation activities to increase K–12 applications. A notice inviting applications student achievement and how their under this competition is published applicants to consider including certain approaches can be replicated or built elsewhere in this edition of the Federal types of information (e.g., recruitment upon by other institutions that prepare Register. policies, program structure, resources, teachers. For that reason, the criteria for etc.) as part of a full description of their selecting award recipients, as described Analysis of Comments and Changes program. We agree that teacher in this notice, focus significantly on the In response to the Assistant preparation programs also may be ability of applicants to provide Secretary’s invitation in the notice of affected by State or local policies compelling evidence of effectiveness in proposed eligibility and selection regarding, for example, academic course preparing teachers who positively criteria, two parties submitted requirements for teachers, or other impact student learning. comments. An analysis of the comments factors that relate to the training of The timeliness of this new awards and of the changes in the eligibility and teachers in a certain geographic region. program is also supported by the fact selection criteria since publication of Thus, we have amended the proposed that institutions producing teachers, and the notice of proposed criteria follows. criteria to include applicable State or the states that certify them, are Generally, we do not discuss district policies among the list of items increasingly coming under scrutiny as technical and other minor changes; nor applicants can consider addressing in the public seeks higher standards and do we discuss comments that are their applications. We also note, greater accountability for public schools unrelated to the content of the eligibility however, that the list of items to be and school teachers. The Department, as or selection criteria. Substantive issues considered, other than the mission, well as many States, is currently are addressed below under the goals and objectives, and program implementing new accountability appropriate section to which they components, are provided only as measures and reporting requirements for pertain. examples. Applicants are advised to States and for colleges and universities address any one or more of the Eligible Applicants receiving Federal grants to support identified factors, or other factors, that teacher training programs. Some Comments: One commenter are most pertinent to their teacher institutions have already implemented questioned whether the proposed preparation program. accountability measures, while others eligibility (and selection) criteria placed Changes: This section of the proposed have started to take steps to improve greater emphasis on achievement in selection criteria has been amended to and to become accountable for the reading, as opposed to mathematics, at refer to State or district policies as an teachers they train. We hope that the elementary school level. area that applicants may address as part bringing attention to those teacher Discussion: As noted in the preamble of the description of their program. preparation programs that are effective discussion above, and in the notice of in this area will serve to assist other proposed eligibility and selection Program’s Criteria for Effectiveness programs in their efforts to improve criteria, the National Awards Program Comment: One commenter suggested their level of accountability. for Effective Teacher Preparation is that the proposed criteria under this In order to align the program with focused, in this first year, on the section be modified to require an nation-wide efforts to improve preparation of both reading and explanation of the specific standards on

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In evaluating applications for Discussion: In this section of the classroom (or other appropriate the National Awards Program for proposed selection criteria, the question educational setting). Thus, applicants Effective Teacher Preparation, reviewers is posed to applicants, ‘‘What are the should provide evidence of their will look to see whether the application, criteria the program uses to evaluate program’s effectiveness on learning for taken as a whole, demonstrates that the [the effectiveness of its teacher regular education students, students applicant’s teacher preparation program preparation program]?’’ This question is receiving special education, students leads to improved teacher effectiveness designed to ensure that each applicant from diverse ethnic backgrounds, and increased student achievement at describes the relevant standards that it students with limited English the K–12 level. In doing so, reviewers uses to evaluate its program and guide proficiency, students in urban and rural will be guided by the extent to which improvements and modifications. areas, and any other identified and how well applicants address the Nevertheless, we agree that referring to population of students, to the extent following components of the specific examples of standards that that program graduates teach such application, the most important of might be used in this regard (e.g., the populations and to the extent that such which concern objective evidence of standards issued by the National evidence is available. effectiveness under Section C of the Council for Accreditation of Teacher In addition, we agree with the application. Education (NCATE) as identified by the Sections A, B, and D of the commenter that applicants are likely to commenter, state teacher licensure application provide reviewers with encounter different challenges in standards, or other criteria) will further information describing the teacher collecting data and compiling their guide applicants in addressing this preparation program and its potential as evidence of effectiveness. Consequently, question. an example for others. Reviewers will this section of the final selection criteria Changes: This section of the proposed use the information in these three will invite applicants to discuss those selection criteria has been amended to sections to determine the extent to challenges and how they have overcome identify some examples of the types of which there is a logical connection any such obstacles in order to evaluate standards that entities use for purposes between the various aspects of the their program. of evaluating the effectiveness of their program and the results achieved. In teacher preparation program. Changes: This section of the proposed other words, they will check for selection criteria has been amended to Evidence of Effectiveness consistency between the information include a note inviting applicants to provided in these sections and the Comment: One commenter asked that discuss factors affecting their data applicant’s claims of effectiveness under applicants be required to demonstrate collection efforts and their success in section C. the impact that their teacher preparation dealing with these factors in the course In section C, applicants provide program has on learning for all students of evaluating the effectiveness of their formative, summative, and confirming and not just on certain populations of graduates. evidence that their program is effective students. in preparing graduates who are able to This commenter also pointed out that Eligibility, Application, and Selection Criteria help all K–12 students improve their applicants may face certain obstacles in learning in reading and mathematics at collecting data on teachers, or on K–12 Eligible Applicants the elementary level or mathematics at students, that is needed to demonstrate Eligible applicants are institutions in the middle or high school level. the effectiveness of their program. For Where appropriate, the following instance, the commenter noted that it the States (including the District of Columbia, Puerto Rico, and the outlying sections of the application include one may be difficult for entities preparing or more questions that are designed to teachers to track graduates who teach in areas) that prepare elementary teachers, or middle or high school mathematics help applicants formulate their other geographic regions, while data on responses. reading or math achievement by K–12 teachers, for initial certification. students, if used by an applicant, will Institutions of higher education as well A. Background and Program Description vary by State depending upon how as institutions that are not part of a In this section, applicants must often, and the extent to which, students college or university are eligible to provide the mission statement, goals in the State are tested. For these reasons, apply. Since this program focuses on and objectives, and the components of the commenter suggested that initial preparation of teachers, their teacher preparation program and applicants be asked to discuss in the alternative certification programs are explain how these items relate to the application any intervening factors that eligible, while in-service programs are effective preparation of elementary impact the evaluation of their teacher not. teachers or middle and/or high school preparation program. For purposes of this notice, a ‘‘teacher mathematics teachers. Discussion: We fully agree with the preparation program’’ refers to a defined In responding to this section, concern expressed by the commenter set of experiences that, taken as a whole, applicants are encouraged to provide that applicants focus on improved prepares participants for initial (or information about: learning for all students and believe that alternative) certification to teach. 1. Recruitment policies for faculty and the proposed criteria made clear that Detailed instructions for applying for candidates. selection for an award will be based this award, including formatting 2. Selection procedures for faculty significantly on the extent to which an instructions, are provided within the and candidates.

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3. Program structure (e.g., course and Applicants would supply a brief designing, implementing, or evaluating field experiences, support for preservice description for each evidence item a program that prepares graduates who and novice teachers, mechanisms for submitted. This description must are effective in helping improve student monitoring participants’ progress). include information about the nature of learning for all K–12 students? 4. State or district policies or the data, the methods used to collect the 3. What program materials (e.g., mandates that affect the components of data, and a summary of the data videos, Web sites, course outlines, the teacher preparation program. analysis. manuals, strategies, processes) are 5. Resources that support the In responding to this section, available that could benefit others? program. applicants must consider the following 4. How have or could you help others 6. Methods for collaboration between questions: adapt the aspects of your program that the program and K–12 schools. 1. What evidence is there that the contribute most to graduates’ 7. Graduation or completion criteria program, described in section A, gathers effectiveness with K–12 students? and rates. data about the effectiveness of the Selection Criteria 8. Job placement and retention rates of various stages of the program and uses graduates. that data to make improvements to the Reviewers will evaluate the information provided in each B. Program’s Criteria for Effectiveness program? (Formative evidence) 2. What evidence is there that the application based on three criteria: In this section, applicants must program is effective in helping rigor, sufficiency, and consistency. describe the principles, standards, or graduates acquire the knowledge and These criteria, and the performance other criteria that the applicant uses to skills needed to improve student levels applicable to each, are identified judge the effectiveness of its teacher learning in reading and mathematics for in the rubric shown in Figure 1. preparation program. all elementary school students or in Reviewers will use this rubric as the Note: Applications are not being evaluated mathematics for all middle or high review instrument to judge the quality against a given set of principles for all school students? (Summative evidence) of each application. programs, but are expected to include Note: Summative evidence in this section The Evidence of Effectiveness relevant criteria for guiding program provided by an applicant under section improvement and modifications). should address graduates’ content knowledge, pedagogical knowledge and C, the most critical portion of the In responding to this section, skills, and skills to examine beliefs about application, will be evaluated on the applicants should consider the learners and teaching as a profession. basis of its rigor and sufficiency. The following questions: 3. What evidence is there that the level of ‘‘rigor’’ applied to the evidence 1. What are the criteria or standards program’s graduates are effective in submitted will be determined by the (e.g., NCATE, INTASC, NBPTS, NCTM, helping all K–12 students improve their extent to which the qualitative or state teacher licensure requirements and learning in reading and mathematics at quantitative data presented is found to other appropriate standards) the the elementary level or mathematics at be valid and reliable. The level of program uses to evaluate its the middle or high school level? ‘‘sufficiency’’ applied to the evidence effectiveness? (Confirming evidence) 2. How does the program ensure that submitted will be determined by the program components such as courses Note: If there are obstacles that affect data adequacy and the extent of the data collection (e.g., local or State regulations and instructional practices are provided. prohibit the release of student data), The application as a whole will be consistent with the evaluation criteria or applicants may describe these factors and evaluated on the basis of its consistency. standards under Question 1? explain how they have overcome any obstacles to collecting data for purposes of The level of ‘‘consistency’’ of the C. Evidence of Effectiveness evaluating the effectiveness of their program. application will be based on the extent In this section, applicants must to which there is a logical link between provide three separate types of evidence D. Implications for the Field various aspects of the program as that demonstrates the effectiveness of A primary goal of this awards described in Sections A, B, and D of the their teacher preparation program: program is to share with the public application and the evidence of formative, summative, and confirming effective examples that might be effectiveness provided under Section C. evidence. adopted or otherwise used by others to For example, if an applicant indicates in ‘‘Formative evidence’’ refers to the improve teacher preparation programs sections A, B, or D of its application that use of data to make adjustments to the throughout the country. In this section, field experiences are important to the program throughout its various stages. applicants must discuss the challenges preparation of teachers, then the These data are collected as participants they have faced and overcome in application should describe the variety (i.e., preservice teachers) move through administering their teacher preparation of field experiences that are spread over the program. program, as well as the resulting lessons the duration of the program and also ‘‘Summative evidence’’ demonstrates they have learned. include, for purposes of ‘‘consistency,’’ that the program is effective in helping In responding to this section, documentation of the effectiveness of graduates acquire the necessary applicants should consider the these experiences. knowledge and skills to improve following: The rubric in Figure 1 identifies a student learning. Summative evidence 1. What is at least one significant range of performance levels, from 1 to is collected as preservice teachers challenge that the program encountered 4, that reviewers will use to judge the complete the program. within the last five years and how was quality of an application with regard to ‘‘Confirming evidence’’ links teacher it overcome? (Note: Since demonstrating the three criteria—rigor, sufficiency, and preparation and K–12 student learning the link between teacher preparation consistency. Reviewers will assign a by demonstrating that program and K–12 student learning is a primary level of the rubric, 1 to 4, for each graduates are effective in helping all K– focus of the awards program, applicants criterion based on their judgment of 12 students improve their learning. should consider describing challenges how well the information provided in Confirming evidence is collected on related to this issue.) the application matches the descriptions graduates who are employed by schools 2. What lessons that would benefit in the rubric of the relevant performance or districts. others have been learned about levels. Prior to reviewing applications,

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FIGURE 1.ÐRUBRIC FOR EVALUATING EVIDENCE OF EFFECTIVENESS

Selection criteria Performance levels Rigor Sufficiency Consistency

4 ...... The evidence is highly credible. The There are extensive data that support Components of the program are con- data are valid and indicators are free claims of effectiveness. The evi- sistent with the vision of the pro- of bias. Reliability is supported by dence includes data from multiple gram. Program components are multi-year data from several sources. sources with multiple indicators. monitored to determine if they are being instituted as designed. Evi- dence supports an intended, logical link between the program compo- nents and the outcomes. The evi- dence supports the link between pro- gram components and program suc- cess. The consistencies support the credibility of the evidence. 3 ...... The evidence is credible. Validity has There are adequate data to support There are minor inconsistencies be- been addressed for most of the data. the claims of effectiveness. There tween the vision of the program and There may be some questions of are multiple sources of evidence and program components. Some compo- bias. Reliability is supported by two multiple indicators for at least one nents of program may not be mon- or more years of data from at least source. itored or there may be some incon- one data source. sistencies between the evidence pro- vided and the identified successful components of the program. The in- consistencies do not weaken the credibility of the evidence. 2 ...... The evidence has limited credibility. There are limited data to support the There are several inconsistencies be- The rigor is compromised by issues claims of effectiveness. The data are tween the vision of the program and of bias or validity/reliability. There collected from only one or two program components. There are sig- are no multiyear data from any sources. There are no multiple indi- nificant inconsistencies between the source. cators for the data source(s). evidence provided and the identified successful components of the pro- gram. The inconsistencies raise questions about the credibility of the evidence. 1 ...... The evidence has little or no credibility. There are not enough data to support There are numerous inconsistencies The rigor is significantly com- claims of effectiveness. There is only between the vision of the program promised by issues of bias, or there a single source of data. and its components. The evidence is not enough information to deter- provided is not linked to the compo- mine rigor. The data lack validity/ nents of the program that have been Reliability. There is no multi-year identified as contributing to the pro- data. gram's success. The inconsistencies raise significant questions about the credibility of the evidence.

Selection Procedures will evaluate the quality of the which teacher preparation programs applications against the selection merit national recognition. Award recipients will be selected criteria and applicable performance Stage 5. In the fifth and final stage, through a five-stage process. levels. the Department will review data Stage 1. During the first stage, Stage 3. In the third stage, non- collected throughout the review process applications will be initially screened Department expert teams (team and select for national recognition no by Department staff to determine members would differ from the more than 5 applications of the highest whether the submitting party meets the reviewers involved in Stages 2) will quality. The Secretary intends to eligibility requirements and whether the conduct site visits to verify information publicly honor and recognize these application contains all necessary presented in the semi-finalists’ awardees at a national ceremony in information (including the three types applications and, to the extent available, Washington, DC. of evidence required under section C) to collect additional information. These and meets the formatting requirements. teams will draft site-visit reports of their Goals 2000: Educate America Act Stage 2. The second stage of review, findings. The Goals 2000: Educate America Act to determine up to 10 semi-finalists, Stage 4. During the fourth stage, a (Goals 2000) focuses the Nation’s will be conducted by non-Departmental non-Departmental national awards education reform efforts on the eight teams representing a broad range of panel (panel members will differ from National Education Goals and provides teacher educators, practitioners (e.g., the reviewers involved Stages 2 and 3) a framework for meeting them. Goals mathematicians, mathematics educators, will review the semi-finalist 2000 promotes new partnerships to K–12 teachers, reading specialists), and applications and site visit reports. Panel strengthen schools and expands the policymakers (e.g., superintendents, members will then present final Department’s capacities for helping school board members, principals) who recommendations to the Department on communities to exchange ideas and

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Part V

Federal Communications Commission 47 CFR Part 1 Assessment and Collection of Regulatory Fees for Fiscal Year 2000; Proposed Rule

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FEDERAL COMMUNICATIONS in order to recover the amount of beneficiaries of Commission services to COMMISSION regulatory fees that Congress has pay for such services. required it to collect for fiscal year 2000. DATES: Comments are due on or before 47 CFR Part 1 Section 9 of the Communications Act of April 24, 2000, and reply comments are [MD Docket No. 00±58; FCC 00±117] 1934, as amended, provides for the due on or before May 5, 2000. annual assessment and collection of FOR FURTHER INFORMATION CONTACT: Assessment and Collection of regulatory fees. For fiscal year 2000 Terry Johnson, Office of Managing Regulatory Fees for Fiscal Year 2000 sections 9(b)(2) and (3) provide for Director at (202) 418–0445 or Roland annual ‘‘Mandatory Adjustments’’ and Helvajian, Office of Managing Director AGENCY: Federal Communications ‘‘Permitted Amendments’’ to the at (202) 418–0444. Commission. Schedule of Regulatory Fees. These SUPPLEMENTARY INFORMATION: ACTION: Notice of proposed rulemaking. revisions will further the National Adopted: March 29, 2000; Released: SUMMARY: The Commission is proposing Performance Review goals of April 3, 2000. to revise its Schedule of Regulatory Fees reinventing Government by requiring By the Commission:

TABLE OF CONTENTS

Paragraph Topic Nos.

I. Introduction ...... 1 II. Background ...... 4 III. Discussion A. Summary of FY 2000 Fee Methodology ...... 8 B. Development of FY 2000 Fees i. Adjustment of Payment Units ...... 12 ii. Calculation of Revenue Requirements ...... 13 iii. Recalculation of Fees ...... 14 iv. Proposed Changes to Fee Schedule ...... 15 a. INTELSAT ...... 16 b. Interstate Telephone Service Providers ...... 18 C. Procedures for Payment of Regulatory Fees ...... 22 i. Annual Payments of Standard Fees ...... 23 ii. Installment Payments for Large Fees ...... 24 iii. Advance Payments of Small Fees ...... 25 iv. Minimum Fee Payment Liability ...... 26 v. Standard Fee Calculations and Payments ...... 27 D. Schedule of FY 2000 Regulatory Fees ...... 29 IV. Procedural Matters A. Comment Period and Procedures ...... 30 B. Ex Parte Rules ...... 34 C. Initial Regulatory Flexibility Analysis ...... 35 D. Authority and Further Information ...... 36 Attachment AÐInitial Regulatory Flexibility Analysis Attachment BÐSources of Payment Unit Estimates For FY 2000 Attachment CÐCalculation of Revenue Requirements and Pro-Rata Fees Attachment DÐFY 2000 Schedule of Regulatory Fees Attachment EÐComparison Between FY 1999 and FY 2000 Proposed Regulatory Fees Attachment FÐDetailed Guidance on Who Must Pay Regulatory Fees Attachment GÐDescription of FCC Activities Attachment HÐFactors, measurements and calculations that go into determining station signal contours and associated popu- lation coverages

I. Introduction activities for FY 2000.2 This amount is 3. In proposing to revise our fees, we 1. By this Notice of Proposed $13,231,000 or approximately 7.67% adjusted the payment units and revenue Rulemaking, the Commission more than the amount that Congress requirement for each service subject to commences a proceeding to revise its designated for recovery through a fee, consistent with sections 159(b)(2) Schedule of Regulatory Fees in order to regulatory fees for FY 1999.3 Thus, we and (3). In addition, we are proposing collect the amount of regulatory fees are proposing to revise our fees in order changes to the fees pursuant to public that Congress, pursuant to section 9(a) to collect the increased amount that interest considerations. The current of the Communications Act, as Congress has specified. Additionally, Schedule of Regulatory Fees is set forth amended, has required it to collect for we propose to amend the Schedule in in §§ 1.1152 through 1.1156 of the 5 Fiscal Year (FY) 2000.1 order to simplify and streamline it.4 Commission’s rules. 2. Congress has required that we II. Background collect $185,754,000 through regulatory fees in order to recover the costs of our 2 Public Law 105–277 and 47 U.S.C. 159(a)(2). 4. Section 9(a) of the Communications enforcement, policy and rulemaking, 3 Assessment and Collection of Regulatory Fees Act of 1934, as amended, authorizes the international and user information for Fiscal Year 1999, FCC 98–200, released June 18, Commission to assess and collect 1999, 64 FR 35831 (Jul. 1, 1999). 1 47 U.S.C. 159(a). 4 47 U.S.C. 159(b)(3). 5 47 CFR 1.1152 through 1.1156.

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19581 annual regulatory fees to recover the revenue requirement would be more $185,754,000 that Congress has required costs, as determined annually by than 25 percent above the revenue us to collect in FY 2000 and pro-rated Congress, that it incurs in carrying out requirement which would have resulted the difference among all the existing fee enforcement, policy and rulemaking, from the ‘‘mandatory adjustments’’ to categories. international, and user information the FY 1997 fees without incorporation 10. Once we established our tentative activities.6 See Attachment G for a of costs. This methodology, which we FY 2000 fees, we evaluated proposals description of these activities. In our FY continued to use for FY 1998, enabled made by Commission staff concerning 1994 Fee Order,7 we adopted the us to develop regulatory fees which we ‘‘Permitted Amendments’’ to the Fee Schedule of Regulatory Fees that believed would be more reflective of our Schedule and to our collection Congress established, and we prescribed costs of regulation, and allowed us to procedures. These proposals are rules to govern payment of the fees, as make revisions to our fees based on the discussed in paragraphs 15–19 and are required by Congress.8 Subsequently, fullest extent possible, while still factored into our proposed FY 2000 we modified the fee Schedule to consistent with the public interest, on Schedule of Regulatory Fees, set forth in increase the fees in accordance with the the actual costs of regulating those Attachment D. amounts Congress required us to collect services that are subject to a fee. 11. Finally, we have incorporated, as in each succeeding fiscal year. We also However, we found that developing a Attachment F, proposed Guidance amended the rules governing our regulatory fee structure based on cost containing detailed descriptions of each regulatory fee program based upon our information did not produce the desired fee category, information on the experience administering the program results. We were anticipating that our individual or entity responsible for in prior years.9 regulatory costs would level off or, paying a particular fee and other critical 5. As noted, for FY 1994 we adopted perhaps, decline causing these information designed to assist potential the Schedule of Regulatory Fees adjustments to decrease from the 25 fee payers in determining the extent of established in section 9(g) of the Act. percent towards zero. Since our their fee liability, if any, for FY 2000.17 For fiscal years after FY 1994, however, regulatory costs have continued to rise, In the following paragraphs, we describe sections 9(b)(2) and (3), respectively, this methodology was discontinued. in greater detail our proposed provide for ‘‘Mandatory Adjustments’’ Therefore, we chose to base the FY 1999 methodology for establishing our FY and ‘‘Permitted Amendments’’ to the fees only on the basis of ‘‘Mandatory 2000 regulatory fees. 10 Schedule of Regulatory Fees. Section Adjustments’’. Finally, section 9(b)(4)(B) B. Development of FY 2000 Fees 9(b)(2), entitled ‘‘Mandatory requires us to notify Congress of any Adjustments,’’ requires that we revise permitted amendments 90 days before i. Adjustment of Payment Units the Schedule of Regulatory Fees to those amendments go into effect.14 12. In calculating FY 2000 regulatory reflect the amount that Congress III. Discussion fees for each service, we adjusted the requires us to recover through estimated payment units for each regulatory fees.11 A. Summary of FY 2000 Fee service because payment units for many 6. Section 9(b)(3), entitled ‘‘Permitted Methodology services have changed substantially Amendments,’’ requires that we 8. As noted, Congress has required since we adopted our FY 1999 fees. We determine annually whether additional that the Commission recover obtained our estimated payment units adjustments to the fees are warranted, $185,754,000 for FY 2000 through the through a variety of means, including taking into account factors that are in collection of regulatory fees, our licensee data bases, actual prior year the public interest, as well as issues that representing the costs applicable to our payment records, and industry and are reasonably related to the payer of the enforcement, policy and rulemaking, trade group projections. Whenever fee. These amendments permit us to international, and user information possible, we verified these estimates ‘‘add, delete, or reclassify services in the activities.15 from multiple sources to ensure the Schedule to reflect additions, deletions 9. In developing our proposed FY accuracy of these estimates. Attachment or changes in the nature of its 2000 fee schedule, we determined that B provides a summary of how revised services.’’ 12 we should continue to use the same payment units were determined for each 7. Section 9(i) requires that we general methodology for ‘‘Mandatory fee category.18 develop accounting systems necessary Adjustments’’ to the Fee Schedule that ii. Calculation of Revenue Requirements to adjust our fees pursuant to changes in we used in developing the FY 1999 fee the costs of regulation of various schedule because our regulatory costs 13. We next multiplied the revised services that are subject to a fee, and for continue to rise, and using cost payment units for each service by the other purposes.13 For FY 1997, we information to determine a regulatory FY 1999 fees for each category to relied for the first time on cost fee schedule does not produce the determine how much revenue we would accounting data to identify our desired result of collecting the amount collect without any change to the FY regulatory costs and to develop our FY required by Congress. Therefore, we 1999 Schedule of Regulatory Fees. The 1997 fees based upon these costs. Also, estimated the number of payment for FY 1997, we limited the increase in units 16 for FY 2000 in order to 17 We also will incorporate a similar Attachment the amount of the fee for any service in in the Report and Order concluding this determine the aggregate amount of rulemaking. That Attachment will contain updated order to phase in our reliance on cost- revenue we would collect without any information concerning any changes made to the based fees for those services whose revision to our FY 1999 fees. Then we proposed fees adopted by the Report and Order. compared this revenue amount to the 18 It is important to also note that Congress’ 6 47 U.S.C. 159(a). required revenue increase in regulatory fee 7 59 FR 30984 (Jun. 16, 1994). payments of approximately 7.67 percent in FY 2000 14 47 U.S.C. 159(b)(4)(B). 8 47 U.S.C. 159(b), (f)(1). will not fall equally on all payers because payment 15 47 U.S.C. 159(a). units have changed in several services. When the 9 47 CFR 1.1151 et seq. 16 Payment units are the number of subscribers, number of payment units in a service increase from 10 47 U.S.C. 159(b)(2), (b)(3). mobile units, pagers, cellular telephones, licenses, one year to another, fees do not have to rise as 11 47 U.S.C. 159(b)(2). call signs, adjusted gross revenue dollars, etc. much as they would if payment units had decreased 12 47 U.S.C. 159(b)(3). which represent the base volumes against which fee or remained stable. Declining payment units have 13 47 U.S.C. 159(i). amounts are calculated. the opposite effect on fees.

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 19582 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules amount of revenue which we would for reconsideration of Comsat’s support of the above mandates.26 In collect without changes to the Fee exemption.20 1999, as part of its paperwork Schedule is approximately $191.6 17. On March 17, 2000 Congress streamlining efforts, the Commission million. This amount is approximately enacted the Open Market amended its rules and required $5.9 million more than the amount the Reorganization for the Betterment of contributors to file only a single form Commission is required to collect in FY International Telecommunications Act FCC Form 499–A, Telecommunications 2000. We then adjusted the revenue (the ORBIT Act).21 Section 641[c] of the Reporting Worksheet, and eliminated 27 requirements for each category on a ORBIT Act provides: FCC Form 431, TRS Fund Worksheet. proportional basis, consistent with Previously, Form 431, TRS Fund ‘‘[c] PARITY of TREATMENT— section 9(b)(2) of the Act, to obtain an Worksheet, was used to obtain base Notwithstanding any other law or executive revenue data from which telephone estimate of the revenue requirements for agreement, the Commission shall have the each fee category so that the services regulatory fees were calculated. authority to impose similar regulatory fees on Because of this form change, it is no Commission could collect $185,754,000 the United States signatory which it imposes longer feasible to obtain base telephone as required by Congress. Attachment C on other entities providing similar provides detailed calculations showing services.’’ 22 services revenue data using adjusted how we determined the revised revenue gross interstate revenues as derived amounts to be raised for each service. In light of this statutory language, it is from data previously provided on FCC clear that, for FY 2000, Comsat as the Form 431, TRS Fund Worksheet. iii. Recalculation of Fees United States signatory to INTELSAT is Therefore, beginning in FY 2000, we are subject to regulatory fees.23 We request proposing that the interstate telephone 14. Once we determined the revenue comment on how we should implement services regulatory fee be derived from requirement for each service and class this provision to achieve parity of interstate and international end-user of licensee, we divided the revenue treatment between Comsat and satellite revenues data submitted on FCC Form requirement by the number of estimated operators that are subject to regulatory 499–A, Telecommunications Reporting payment units (and by the license term, fees. Specifically, we request comment Worksheet, rather than from data if applicable, for ‘‘small’’ fees) to obtain on whether for the year 2000 we should provided on Form 431, TRS Fund actual fee amounts for each fee category. assess regulatory fees for all space Worksheet. A copy of the form and These calculated fee amounts were then stations in geostationary orbit, including instructions can be downloaded at: rounded in accordance with section satellites that are the subject of Comsat’s . 9(b)(3) of the Act. See Attachment C. activities, in the amount of $94,650 per 19. All providers of telecommunications services within the iv. Proposed Changes to Fee Schedule satellite. Such comments also may address how the nature of Comsat United States, with very limited 15. We examined the results of our services via INTELSAT may provide a exceptions, must file an FCC Form 499– calculations to determine if further basis for a different fee and state what A, Telecommunications Reporting adjustments of the fees and/or changes type of fee would be appropriate to Worksheet. For this filing, the United to payment procedures were warranted achieve parity of treatment.24 States is defined as the contiguous based upon the public interest and other United States, Alaska, Hawaii, b. Interstate Telephone Service criteria established in 47 U.S.C. American Samoa, Baker Island, Guam, Providers 159(b)(3).19 As a result of this review, Howland Island, Jarvis Island, Johnston we are proposing the following Atoll, Kingman Reef, Midway Island, 18. The Commission is required under Navassa Island, the Northern Mariana ‘‘Permitted Amendments’’ to our Fee the Communications Act of 1934, as Islands, Palmyra, Puerto Rico, the U.S. Schedule: 25 amended, to establish procedures that Virgin Islands, and Wake Island. Each a. INTELSAT Satellites will finance interstate legal entity that provides interstate telecommunications relay services telecommunications service for a fee, 16. The Commission, relying on (TRS), universal service support including each affiliate or subsidiary of portions of the legislative history of mechanisms, administration of the an entity, must complete and file section 9, previously concluded that North American Numbering Plan separately a copy of the Comsat was exempt from section 9 fees (NANPA), and shared costs of the local Telecommunications Reporting for its INTELSAT space stations. number portability (LNPA) program. In Worksheet. Assessment and Collection of a series of separate proceedings, the 20. For purposes of determining who Regulatory Fees for Fiscal Year 1998, 13 Commission has already established must file Form 499–A, the term FCC Rcd 19820 (1998), 63 FR 35847 procedures that permits the ‘‘telecommunications’’ means the (July 1, 1998); Assessment and administrators of these programs to transmission, between or among points Collection of Regulatory Fees for Fiscal collect contributions from all providers specified by the user, of information of Year 1997, 12 FCC Rcd 17161 (1997), 62 of telecommunications services in the user’s choosing, without change in FR 37408 (July 11, 1997). In PanAmSat the form or content of the information Corp. v. FCC, 198 F.3d 890 20 As directed by the court, the Commission will as sent and received. For the purpose of (D.C.Cir.1999), the court found that consider the section 9 satellite fees for FY 1998; however, that consideration will be separate from 26 These contributions are separate and apart from neither the statute itself nor the this proceeding. regulatory fees collected to fund the Commission’s legislative history relied upon by the 21 Public Law 106–180, 114 Stat. 48 (2000). operations. 22 Commission was conclusive on the Comsat is the United States Signatory to 27 1998 Biennial Regulatory Review—Streamlined question of Comsat’s liability for section INTELSAT. Contributor Reporting Requirements Associated 9 fees in these circumstances. It 23 As directed by the court, the Commission will with Administration of Telecommunications Relay also consider the Section 9 fees for FY 1998; remanded the issue to the Commission Services, North American Numbering Plan, Local however, that consideration will be separate from Number Portability, and Universal Service Support this proceeding. Mechanisms, Report and Order, FCC 99–175, CC 19 In FY 1997 and FY 1998 we limited increases 24 Note that without the INTELSAT satellites, the Docket No. 98–171 (rel. July 14, 1999), 64 FR 41320 to 25%. For FY 1999 and FY 2000, none of the fee per satellite would be $126,525. (July 30, 1999)(Contributor Reporting Requirements proposed fee increases exceed 25%. 25 47 U.S.C. 151, 225, 251, 254. Order).

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19583 filing the Telecommunication Reporting telephone service provider fee is based notification to Congress prior to actual Worksheet, the term ‘‘interstate on interstate and international end-user collection of the fees, however, it is telecommunications’’ includes, but is revenues for local and most toll services unlikely that there will be sufficient not limited to, the following types of only. Filers are not allowed to deduct time for installment payments, and that services: wireless telephony including any expenses from subject interstate and regulatees eligible to make installment cellular and personal communications international end-user revenues. payments will be required to pay these services (PCS); paging and messaging fees on the last date that fee payments C. Procedures for Payment of Regulatory services; dispatch services; mobile radio may be submitted. The dates for Fees services; operator services; access to installment payments, or a single interexchange service; special access; 22. Generally, we propose to retain payment, will be announced either in wide area telecommunications services the procedures that we have established the Report and Order terminating this (WATS); subscriber toll-free services; for the payment of regulatory fees. proceeding or by public notice 900 services; message telephone Section 9(f) requires that we permit published in the Federal Register services (MTS); private line; telex; ‘‘payment by installments in the case of pursuant to authority delegated to the telegraph; video services; satellite fees in large amounts, and in the case of Managing Director. small amounts, shall require the services; and resale services. For iii. Advance Payments of Small Fees example, all local exchange carriers payment of the fee in advance for a provide access services and, therefore, number of years not to exceed the term 25. As we have in the past, we are provide interstate telecommunications. of the license held by the payer.’’ See 47 proposing to treat regulatory fee Included are entities that offer interstate U.S.C. 159(f)(1). Consistent with section payments by certain licensees as telecommunications services for a fee to 9(f), we are again proposing to establish ‘‘small’’ fees subject to advance payment the public, even if only a narrow or three categories of fee payments, based consistent with the requirements of limited class of users could use the upon the category of service for which section 9(f)(2). We propose that advance services. Also included are entities that the fee payment is due and the amount payments will be required from provide interstate telecommunications of the fee to be paid. The fee categories licensees of those services that we services to entities other than are (1) ‘‘standard’’ fees, (2) ‘‘large’’ fees, decided would be subject to advance themselves for a fee on a private, and (3) ‘‘small’’ fees. payments in our FY 1994 Report and contractual basis. In addition, owners of Order, and to those additional payers set i. Annual Payments of Standard Fees 31 pay telephones, sometimes referred to as forth herein. We are also proposing 23. As we have in the past, we are ‘‘pay telephone aggregators,’’ must file that payers of advance fees will submit proposing to treat regulatory fee the worksheet. Most the entire fee due for the full term of payments by certain licensees as telecommunications carriers must file their licenses when filing their initial, ‘‘standard fees’’ which are those the worksheet even if they qualify for renewal, or reinstatement application. regulatory fees that are payable in full the de minimis exemption under the Regulatees subject to a payment of small on an annual basis. Payers of standard commission’s rules for universal fees shall pay the amount due for the fees are not required to make advance current fiscal year multiplied by the service.28 payments for their full license term and 21. With the introduction of a new number of years in the term of their are not eligible for installment form, FCC Form 499–A, it is no longer requested license. In the event that the payments. All standard fees are payable feasible to base the interstate telephone required fee is adjusted following their in full on the date we establish for services regulatory fee on the adjusted payment of the fee, the payer would not payment of fees in their regulatory fee gross interstate revenues because this be subject to the payment of a new fee category. The payment dates for each data was derived from a previously used until filing an application for renewal or regulatory fee category will be form (FCC 431) to contribute to the reinstatement of the license. Thus, announced either in the Report and Telecommunication Relay Services payment for the full license term would Order terminating this proceeding or by be made based upon the regulatory fee Fund. Therefore, beginning in FY 2000, public notice in the Federal Register applicable at the time the application is we are proposing that the interstate and pursuant to authority delegated to the filed. The effective date for payment of international telephone services Managing Director. small fees established in this proceeding regulatory fee be derived from interstate will be announced in our Report and and international end-user revenues as ii. Installment Payments for Large Fees Order terminating this proceeding or by submitted by providers on FCC Form 24. While we are mindful that time public notice published in the Federal 499–A, Telecommunications Reporting constraints may preclude an Register pursuant to authority delegated Worksheet, as part of the opportunity for installment payments, to the Managing Director. telecommunications provider reporting we propose that regulatees in any requirements. The following providers category of service with a liability of iv. Minimum Fee Payment Liability are exempt from paying the interstate $12,000 or more be eligible to make 26. As we have in the past, we are telephone service provider regulatory installment payments and that proposing that regulatees whose total fees: interstate service providers that eligibility for installment payments be regulatory fee liability, including all have mobile service or satellite service based upon the amount of either a single categories of fees for which payment is 29 revenue, but no local or toll service; regulatory fee payment or combination due by an entity, amounts to less than government entities within the meaning of fee payments by the same licensee or of the term 47 CFR 1.1162; and carriers regulatee. We propose that regulatees 31 Applicants for new, renewal and reinstatement whose payment obligation would be less eligible to make installment payments licenses in the following services will be required than $10.30 Note, the interstate to pay their regulatory fees in advance: Land Mobile may submit their required fees in two Services, Microwave Services, Marine (Ship) equal payments (on dates to be Service, Marine (Coast) Service, Private Land 28 47 CFR 54.708. announced) or, in the alternative, in a Mobile (Other) Services, Aviation (Aircraft) Service, 29 However, these service providers may be Aviation (Ground) Service, General Mobile Radio subject to payment of regulatory fees under other single payment on the date that their Service (GMRS), 218–219 MHz Service (if any categories, e.g. space stations. final installment payment is due. Due to applications should be filed), Rural Radio Service, 30 See 47 U.S.C. 159(h); see also para 29, infra. statutory constraints concerning and Amateur Vanity Call Signs.

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$10 will be exempted from fee payment IV. Procedural Matters number in this case MD Docket No. 00– in FY 2000. 58, type of pleading (comment or reply A. Comment Period and Procedures comment), date of submission, and the v. Standard Fee Calculations and 30. Pursuant to §§ 1.415 and 1.419 of name of the electronic file on the Payment Dates the Commission’s rules, 47 CFR 1.415, diskette. The label should also include 1.419, interested parties may file 27. As noted, the time for payment of the following phrase ‘‘Disk Copy—Not comments on or before April 24, 2000, an Original.’’ Each diskette should standard fees and any installment and reply comments on or before May payments will be announced in our contain only one party’s pleadings, 5, 2000. Comments may be filed using preferably in a single electronic file. In Report and Order terminating this the Commission’s Electronic Comment proceeding or will be published in the addition, commenters must send Filing System (ECFS) or by filing paper diskette copies to the Commission’s Federal Register pursuant to authority copies.33 delegated to the Managing Director. For copy contractor, International 31. Comments filed through the ECFS Transcription Service, Inc., 1231 20th licensees, permittees and holders of can be sent as an electronic file via the other authorizations in the Common Street NW., Washington, DC 20036. Internet to . Generally, only one copy of will be available for public inspection whose fees are not based on a an electronic submission must be filed. during regular business hours in the subscriber, unit, or circuit count, we are However, if multiple docket or FCC Reference Center, of the Federal proposing that fees be paid for any rulemaking numbers appear in the Communications Commission, Room authorization issued on or before caption of this proceeding, commenters CY–A257, 445 12th Street SW., October 1, 1999. Regulatory fees are due must transmit one electronic copy of the Washington, DC 20554, and will be and payable by the holder of record of comments for each docket or placed on the Commission’s Internet the license or permit of the service as of rulemaking number referenced in the Home Page http://www.fcc.gov. October 1, 1999. A pending change in caption. In completing the transmittal the status of a license or permit that is screen, commenters should include B. Ex Parte Rules not granted as of that date is not their full name, Postal Service mailing 34. This is a permit-but-disclosed effective, and the fee is based on the address, and the applicable docket or notice and comment rulemaking classification that existed on that date. rulemaking number. Parties may also proceeding. Ex parte presentations are Where a license or authorization is submit an electronic comment by e-mail permitted, except during the Sunshine transferred or assigned after October 1, via Internet. To get filing instructions Agenda period, provided they are 1999, the fee shall be paid by the for e-mail comments, commenters disclosed pursuant to the Commission’s licensee or holder of the authorization should send an e-mail to [email protected], rules.34 on the date that the payment is due. and should include the following words C. Initial Regulatory Flexibility Analysis 28. In the case of regulatees whose in the body of the message, ‘‘get form fees are based upon a subscriber, unit or ’’ A sample form 35. As required by the Regulatory 35 circuit count, the number of a and directions will be sent in reply. Flexibility Act, the Commission has regulatee’s’ subscribers, units or circuits 32. Parties who choose to file by prepared an Initial Regulatory on December 31, 1999, will be used to paper must file an original and four Flexibility Analysis (IRFA) of the calculate the fee payment. 32 Regulatory copies of each filing. If more than one possible impact on small entities of the fees are due and payable by the holder docket or rulemaking number appear in proposals suggested in this document. of record of the license or permit of the the caption of this proceeding, The IRFA is set forth as Attachment A. commenters must submit two additional service as of December 31, 1999. A Written public comments are requested copies for each additional docket or pending change in the status of a license with respect to the IRFA. These rulemaking number. All filings must be or permit that is not granted as of that comments must be filed in accordance sent to the Commission’s Secretary, date is not effective, and the fee is based with the same filing deadlines for Magalie Roman Salas, Office of the on the classification that existed on that comments on the rest of the NPRM, and Secretary, Federal Communications date. Where a license or authorization is must have a separate and distinct Commission, 445 12th Street SW., TW– transferred or assigned after December heading, designating the comments as A325, Washington, DC 20554. 31, 1999, the fee shall be paid by the responses to the IRFA. The Consumer 33. Parties who choose to file by Information Bureau, Reference licensee or holder of the authorization paper should also submit their on the date that the payment is due. Information Center, shall send a copy of comments on diskette. These diskettes this NPRM, including the IRFA, to the D. Schedule of Regulatory Fees should be submitted to: Terry Johnson, Chief Counsel for Advocacy of the Small Office of Managing Director, Federal Business Administration, in accordance 29. The Commission’s proposed Communications Commission, 445 12th with the Regulatory Flexibility Act. Schedule of Regulatory Fees for FY 2000 Street, SW., 1–C807, Washington, DC is contained in Attachment D of this 20554. Such a submission should be on D. Authority and Further Information NPRM. a 3.5 inch diskette formatted in an IBM 36. Authority for this proceeding is compatible format using Microsoft TM contained in sections 4(i) and (j), 9, and 32 Cable system operators are to compute their Word 97 for Windows or compatible 303(r) of the Communications Act of subscribers as follows: Number of single family software. The diskette should be 1934, as amended.36 It is ordered that dwellings + number of individual households in multiple dwelling unit (apartments, condominiums, accompanied by a cover letter and this NPRM is adopted. It is further mobile home parks, etc.) paying at the basic should be submitted in ‘‘read only’’ ordered that the Commission’s subscriber rate + bulk rate customers + courtesy and mode. The diskette should be clearly Consumer Information Bureau, free service. Note: Bulk-Rate Customers = Total labeled with the commenter’s name, Reference Information Center, shall annual bulk-rate charge divided by basic annual subscription rate for individual households. Cable proceeding (including the lead docket system operators may base their count on ‘‘a typical 34 47 CFR 1.1202, 1.1203 and 1026(a). day in the last full week’’ of December 1999, rather 33 Electronic Filing of Documents in Rulemaking 35 See 5 U.S.C. 603. than on a count as of December 31, 1999. Proceedings, 63 FR 24121 (1998). 36 47 U.S.C. 154(i)–(j), 159, & 303(r).

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19585 send a copy of this NPRM, including the III. Description and Estimate of the that may be affected by the proposed Initial Regulatory Flexibility Analysis, Number of Small Entities to Which the rules, if adopted. to the Chief Counsel for Advocacy of the Proposed Rules Will Apply Cable Services or Systems Small Business Administration. 4. The RFA directs agencies to 5. The SBA has developed a 37. Further information about this provide a description of and, where definition of small entities for cable and proceeding may be obtained by feasible, an estimate of the number of other pay television services, which contacting the Fees Hotline at (202) small entities that may be affected by includes all such companies generating 418–0192. the proposed rules, if adopted.41 The $11 million or less in revenue Federal Communications Commission. RFA generally defines the term ‘‘small annually.51 This definition includes Magalie Roman Salas, entity’’ as having the same meaning as cable systems operators, closed circuit the terms ‘‘small business,’’ ‘‘small Secretary. television services, direct broadcast organization,’’ and ‘‘small governmental satellite services, multipoint Attachment A: Initial Regulatory jurisdiction.’’ 42 In addition, the term distribution systems, satellite master Flexibility Analysis ‘‘small business’’ has the same meaning antenna systems and subscription as the term ‘‘small business concern’’ 1. As required by the Regulatory television services. According to the 37 under the Small Business Act.43 A small Flexibility Act (RFA), the Commission Census Bureau data from 1992, there business concern is one which: (1) Is has prepared this Initial Regulatory were 1,788 total cable and other pay independently owned and operated; (2) Flexibility Analysis (IRFA) of the television services and 1,423 had less is not dominant in its field of operation; possible significant economic impact on than $11 million in revenue.52 small entities by the policies and rules and (3) satisfies any additional criteria 6. The Commission has developed its proposed in the present Notice of established by the Small Business 44 own definition of a small cable system Proposed Rulemaking, In the Matter of Administration (SBA). A small operator for purposes of rate regulation. Assessment and Collection of organization is generally ‘‘any not-for- Under the Commission’s rules, a ‘‘small Regulatory Fees for Fiscal Year 2000. profit enterprise which is independently cable company’’ is one serving fewer Written public comments are requested owned and operated and is not 53 45 than 400,000 subscribers nationwide. on this IRFA. Comments must be dominant in its field.’’ Nationwide, as Based on our most recent information, identified as responses to the IRFA and of 1992, there were approximately we estimate that there were 1,439 cable must be filed by the deadlines for 275,801 small organizations.46 ‘‘Small 47 operators that qualified as small cable comments on the IRFA provided in governmental jurisdiction’’ generally system operators at the end of 1995.54 paragraph 33. The Commission will means ‘‘governments of cities, counties, Since then, some of those companies send a copy of the NPRM, including the towns, townships, villages, school may have grown to serve over 400,000 IRFA, to the Chief Counsel for Advocacy districts, or special districts, with a 48 subscribers, and others may have been of the Small Business Administration.38 population of less than 50,000.’’ As of involved in transactions that caused In addition, the NPRM and IRFA (or 1992, there were approximately 85,006 them to be combined with other cable summaries thereof) will be published in such jurisdictions in the United 49 operators. Consequently, we estimate the Federal Register.39 States. This number includes 38,978 that there are fewer than 1,439 small counties, cities, and towns; of these, I. Need for, and Objectives of, the entity cable system operators. 37,566, or 96 percent, have populations 7. The Communications Act also Proposed Rules 50 of fewer than 50,000. The Census contains a definition of a small cable 2. This rulemaking proceeding is Bureau estimates that this ratio is system operator, which is ‘‘a cable initiated to obtain comments concerning approximately accurate for all operator that, directly or through an the Commission’s proposed amendment governmental entities. Thus, of the affiliate, serves in the aggregate fewer of its Schedule of Regulatory Fees. For 85,006 governmental entities, we than 1 percent of all subscribers in the Fiscal Year 2000, we intend to collect estimate that 81,600 (96 percent) are United States and is not affiliated with regulatory fees in the amount of small entities. Below, we further any entity or entities whose gross $185,754,000, the amount that Congress describe and estimate the number of annual revenues in the aggregate exceed has required the Commission to recover. small entity licensees and regulatees $250,000,000.’’ 55 The Commission has The Commission seeks to collect the determined that there are 66,690,000 necessary amount through its proposed 41 5 U.S.C. 603(b)(3). subscribers in the United States. revised fees, as contained in the 42 Id. 601(6). 43 Therefore, we found that an operator attached Schedule of Regulatory Fees, in 5 U.S.C. 601(3) (incorporating by reference the serving fewer than 666,900 subscribers the most efficient manner possible and definition of ‘‘small business concern’’ in 15 U.S.C. 632). Pursuant to the RFA, the statutory definition shall be deemed a small operator, if its without undue burden on the public. of a small business applies ‘‘unless an agency, after annual revenues, when combined with consultation with the Office of Advocacy of the II. Legal Basis Small Business Administration and after 51 13 CFR 121.201, SIC code 4841. opportunity for public comment, establishes one or 3. This action, including publication 52 1992 Economic Census Industry and Enterprise of proposed rules, is authorized under more definitions of such term which are appropriate to the activities of the agency and Receipts Size Report, Table 2D, SIC code 4841 (U.S. sections (4)(i) and (j), 9, and 303(r) of publishes such definition(s) in the Federal Bureau of the Census data under contract to the the Communications Act of 1934, as Register.’’ 5 U.S.C. 601(3). Office of Advocacy of the U.S. Small Business 40 44 Administration). amended. Small Business Act, 15 U.S.C. 632 (1996). 53 45 47 CFR 76.901(e). The Commission developed 5 U.S.C. 601(4). this definition based on its determination that a 46 37 5 U.S.C. 603. The RFA, 5 U.S.C. 601 et. seq. has 1992 Economic Census, U.S. Bureau of the small cable system operator is one with annual been amended by the Contract With America Census, Table 6 (special tabulation of data under revenues of $100 million or less. Implementation of Advancement Act of 1996, Public Law No. 104–121, contract to Office of Advocacy of the U.S. Small Sections of the 1992 Cable Act: Rate Regulation, 110 Stat. 847 (1996) (CWAAA). Title II of the Business Administration). Sixth Report and Order and Eleventh Order on CWAAA is the Small Business Regulatory 47 47 CFR 1.1162 Reconsideration, 10 FCC Rcd 7393 (1995), 60 FR Enforcement Fairness Act of 1996 (SBREFA). 48 5 U.S.C. 601(5). 10534 (Feb. 27, 1995). 38 5 U.S.C. 603(a). 49 U.S. Dept. of Commerce, Bureau of the Census, 54 Paul Kagan Associates, Inc., Cable TV Investor, 39 Id. ‘‘1992 Census of Governments.’’ Feb. 29, 1996 (based on figures for Dec. 30, 1995). 40 47 U.S.C. 154(i) and (j), 159, and 303(r). 50 Id. 55 47 U.S.C. 543(m)(2).

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 19586 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules the total annual revenues of all of its Radiotelephone’’ to be small businesses resellers. It seems certain that some of affiliates, do not exceed $250 million in when they have no more than 1,500 these 3,497 telephone service firms may the aggregate.56 Based on available data, employees.63 Below, we discuss the not qualify as small entities or small we find that the number of cable total estimated number of telephone ILECs because they are not operators serving 666,900 subscribers or companies falling within the two ‘‘independently owned and less totals 1,450.57 We do not request categories and the number of small operated.’’ 67 For example, a PCS nor do we collect information businesses in each, and we then attempt provider that is affiliated with an concerning whether cable system to refine further those estimates to interexchange carrier having more than operators are affiliated with entities correspond with the categories of 1,500 employees would not meet the whose gross annual revenues exceed telephone companies that are commonly definition of a small business. It is $250,000,000,58 and thus are unable at used under our rules. reasonable to conclude that fewer than this time to estimate with greater 11. We have included small 3,497 telephone service firms are small precision the number of cable system incumbent LECs in this present RFA entity telephone service firms or small operators that would qualify as small analysis. As noted above, a ‘‘small ILECs that may be affected by the cable operators under the definition in business’’ under the RFA is one that, proposed rules, if adopted. the Communications Act. inter alia, meets the pertinent small 13. Wireline Carriers and Service 8. Other Pay Services. Other pay business size standard (e.g., a telephone Providers. The SBA has developed a television services are also classified communications business having 1,500 definition of small entities for telephone under Standard Industrial Classification or fewer employees), and ‘‘is not communications companies except (SIC) 4841, which includes cable dominant in its field of operation.’’ 64 radiotelephone (wireless) companies. systems operators, closed circuit The SBA’s Office of Advocacy contends The Census Bureau reports that there television services, direct broadcast that, for RFA purposes, small incumbent were 2,321 such telephone companies satellite services (DBS),59 multipoint LECs are not dominant in their field of in operation for at least one year at the distribution systems (MDS),60 satellite operation because any such dominance end of 1992.68 According to the SBA’s master antenna systems (SMATV), and is not ‘‘national’’ in scope.65 We have definition, a small business telephone subscription television services. therefore included small incumbent company other than a radiotelephone LECs in this RFA analysis, although we Common Carrier Services and Related company is one employing no more emphasize that this RFA action has no Entities than 1,500 persons.69 All but 26 of the effect on FCC analyses and 9. The most reliable source of determinations in other, non-RFA 2,321 non-radiotelephone companies information regarding the total numbers contexts. listed by the Census Bureau were of certain common carrier and related 12. Total Number of Telephone reported to have fewer than 1,000 providers nationwide, as well as the Companies Affected. The U.S. Bureau of employees. Thus, even if all 26 of those number of commercial wireless entities, the Census (‘‘Census Bureau’’) reports companies had more than 1,500 appears to be data the Commission that, at the end of 1992, there were employees, there would still be 2,295 publishes in its Trends in Telephone 3,497 firms engaged in providing non-radiotelephone companies that Service report.61 However, in a recent telephone services, as defined therein, might qualify as small entities or small news release, the Commission indicated for at least one year.66 This number ILECs. We do not have data specifying that there are 4,144 interstate carriers.62 contains a variety of different categories the number of these carriers that are not These carriers include, inter alia, local of carriers, including local exchange independently owned and operated, and exchange carriers, wireline carriers and carriers, interexchange carriers, thus are unable at this time to estimate service providers, interexchange competitive access providers, cellular with greater precision the number of carriers, competitive access providers, carriers, mobile service carriers, wireline carriers and service providers operator service providers, pay operator service providers, pay that would qualify as small business telephone operators, providers of telephone operators, covered concerns under the SBA’s definition. telephone service, providers of specialized mobile radio providers, and Consequently, we estimate that fewer telephone exchange service, and than 2,295 small telephone resellers. 63 13 CFR 121.201, Standard Industrial communications companies other than 10. The SBA has defined Classification (SIC) codes 4812 and 4813. See also radiotelephone companies are small establishments engaged in providing Executive Office of the President, Office of entities or small ILECs that may be Management and Budget, Standard Industrial ‘‘Radiotelephone Communications’’ and Classification Manual (1987). affected by the proposed rules, if ‘‘Telephone Communications, Except 64 5 U.S.C. 601(3). adopted. 65 Letter from Jere W. Glover, Chief Counsel for 14. Local Exchange Carriers. Neither 56 Id. 76.1403(b). Advocacy, SBA, to William E. Kennard, Chairman, the Commission nor the SBA has 57 FCC (May 27, 1999). The Small Business Act Paul Kagan Associates, Inc., Cable TV Investor, developed a definition for small Feb. 29, 1996 (based on figures for Dec. 30, 1995). contains a definition of ‘‘small business concern,’’ 58 We do receive such information on a case-by- which the RFA incorporates into its own definition providers of local exchange services case basis only if a cable operator appeals a local of ‘‘small business.’’ See 15 U.S.C. 632(a) (Small (LECs). The closest applicable definition Business Act); 5 U.S.C. 601(3) (RFA). SBA franchise authority’s finding that the operator does under the SBA rules is for telephone regulations interpret ‘‘small business concern’’ to not qualify as a small cable operator pursuant to include the concept of dominance on a national communications companies other than § 76.1403(b) of the Commission’s rules. See 47 CFR basis. 13 CFR 121.102(b). Since 1996, out of an 70 76.1403(d). radiotelephone (wireless) companies. abundance of caution, the Commission has 59 According to the most recent Direct Broadcast Services (DBS) are discussed included small incumbent LECs in its regulatory with the international services, infra. flexibility analyses. See, e.g., Implementation of the Telecommunications Industry Revenue 60 Multipoint Distribution Services (MDS) are Local Competition Provisions of the data, 1,348 incumbent carriers reported discussed with the mass media services, infra. Telecommunications Act of 1996, CC Docket, 96– that they were engaged in the provision 61 FCC, Common Carrier Bureau, Industry 98, First Report and Order, 11 FCC Rcd 15499, Analysis Division, Trends in Telephone Service, 16144–45 (1996), 61 FR 45476 (Aug. 29, 1996). 67 Table 19.3 (March 2000). 66 U.S. Department of Commerce, Bureau of the See generally 15 U.S.C. 632(a)(1). 62 FCC, Common Carrier Bureau, Industry Census, 1992 Census of Transportation, 68 1992 Census, supra, at Firm Size 1–123. Analysis Division, Trends in Telephone Service, Communications, and Utilities: Establishment and 69 13 CFR 121.201, SIC code 4813. Table 19.3 (March 2000) Firm Size, at Firm Size 1–123 (1995) (1992 Census). 70 Id.

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19587 of local exchange services.71 We do not have more than 1,500 employees, and be affected by the proposed rules, if have data specifying the number of thus are unable at this time to estimate adopted. these carriers that are either dominant with greater precision the number of 19. Resellers (including debit card in their field of operations, are not CAPs that would qualify as small providers). Neither the Commission nor independently owned and operated, or business concerns under the SBA’s the SBA has developed a definition of have more than 1,500 employees, and definition. Consequently, we estimate small entities specifically applicable to thus are unable at this time to estimate that there are fewer than 212 small resellers. The closest applicable SBA with greater precision the number of entity CAPs and 10 other LECs that may definition for a reseller is a telephone LECs that would qualify as small be affected by the proposed rules, if communications company other than business concerns under the SBA’s adopted. radiotelephone (wireless) companies.80 definition. Consequently, we estimate 17. Operator Service Providers. According to the most recent Trends in that fewer than 1,348 providers of local Neither the Commission nor the SBA Telephone Service data, 388 toll and 54 exchange service are small entities or has developed a definition of small local entities reported that they were small ILECs that may be affected by the entities specifically applicable to engaged in the resale of telephone proposed rules, if adopted. providers of operator services. The service.81 We do not have data 15. Interexchange Carriers. Neither closest applicable definition under the specifying the number of these carriers the Commission nor the SBA has SBA rules is for telephone that are not independently owned and developed a definition of small entities communications companies other than operated or have more than 1,500 specifically applicable to providers of radiotelephone (wireless) companies.76 interexchange services (IXCs). The According to the most recent Trends in employees, and thus are unable at this closest applicable definition under the Telephone Service data, 24 carriers time to estimate with greater precision SBA rules is for telephone reported that they were engaged in the the number of resellers that would communications companies other than provision of operator services.77 We do qualify as small business concerns radiotelephone (wireless) companies.72 not have data specifying the number of under the SBA’s definition. According to the most recent Trends in these carriers that are not independently Consequently, we estimate that there are Telephone Service data, 171 carriers owned and operated or have more than fewer than 388 small toll entity resellers reported that they were engaged in the 1,500 employees, and thus are unable at and 54 small local entity resellers that provision of interexchange services.73 this time to estimate with greater may be affected by the proposed rules, We do not have data specifying the precision the number of operator service if adopted. number of these carriers that are not providers that would qualify as small 20. Toll-Free 800 and 800-Like Service independently owned and operated or business concerns under the SBA’s Subscribers.82 Neither the Commission have more than 1,500 employees, and definition. Consequently, we estimate nor the SBA has developed a definition thus are unable at this time to estimate that there are fewer than 24 small entity of small entities specifically applicable with greater precision the number of operator service providers that may be to 800 and 800-like service (‘‘toll free’’) IXCs that would qualify as small affected by the proposed rules, if subscribers. The most reliable source of business concerns under the SBA’s adopted. information regarding the number of definition. Consequently, we estimate 18. Pay Telephone Operators. Neither these service subscribers appears to be that there are fewer than 171 small the Commission nor the SBA has data the Commission collects on the entity IXCs that may be affected by the developed a definition of small entities 800, 888, and 877 numbers in use.83 proposed rules, if adopted. specifically applicable to pay telephone According to our most recent data, at 16. Competitive Access Providers. operators. The closest applicable the end of January 1999, the number of Neither the Commission nor the SBA definition under SBA rules is for 800 numbers assigned was 7,692,955; has developed a definition of small telephone communications companies the number of 888 numbers that had entities specifically applicable to other than radiotelephone (wireless) been assigned was 7,706,393; and the competitive access services providers companies.78 According to the most number of 877 numbers assigned was (CAPs). The closest applicable recent Trends in Telephone Service 1,946,538. We do not have data definition under the SBA rules is for data, 615 carriers reported that they specifying the number of these telephone communications companies were engaged in the provision of pay subscribers that are not independently other than except radiotelephone telephone services.79 We do not have owned and operated or have more than (wireless) companies.74 According to data specifying the number of these 1,500 employees, and thus are unable at the most recent Trends in Telephone carriers that are not independently this time to estimate with greater Service data, 212 CAP/CLECs carriers owned and operated or have more than precision the number of toll free and 10 other LECs reported that they 1,500 employees, and thus are unable at subscribers that would qualify as small were engaged in the provision of this time to estimate with greater business concerns under the SBA’s competitive local exchange services.75 precision the number of pay telephone definition. Consequently, we estimate We do not have data specifying the operators that would qualify as small that there are fewer than 7,692,955 number of these carriers that are not business concerns under the SBA’s small entity 800 subscribers, fewer than independently owned and operated, or definition. Consequently, we estimate 7,706,393 small entity 888 subscribers, that there are fewer than 615 small 71 FCC, Common Carrier Bureau, Industry and fewer than 1,946,538 small entity Analysis Division, Trends in Telephone Service, entity pay telephone operators that may Table 19.3 (March 2000). 80 13 CFR 121.201, SIC code 4813. 72 13 CFR 121.201, SIC code 4813. 76 13 CFR 121.201, SIC code 4813. 81 FCC, Common Carrier Bureau, Industry 73 FCC, Common Carrier Bureau, Industry 77 FCC, Common Carrier Bureau, Industry Analysis Division, Trends in Telephone Service, Analysis Division, Trends in Telephone Service, Analysis Division, Trends in Telephone Service, Table 19.3 (March 2000). Table 19.3 (March 2000). Table 19.3 (March 2000). 82 We include all toll-free number subscribers in 74 13 CFR 121.201, SIC code 4813. 78 13 CFR 121.201, SIC code 4813. this category, including 888 numbers. 75 FCC, Common Carrier Bureau, Industry 79 FCC, Common Carrier Bureau, Industry 83 FCC, CCB Industry Analysis Division, FCC Analysis Division, Trends in Telephone Service, Analysis Division, Trends in Telephone Service, Releases, Study on Telephone Trends, Tbls. 21.2, Table 19.3 (March 2000). Table 19.3 (March 2000). 21.3 and 21.4 (February 19, 1999).

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877 subscribers may be affected by the thus are unable to estimate the number DBS licensees that would be impacted proposed rules, if adopted. of fixed satellite transmit/receive earth by these proposed rules. Although DBS stations that would constitute a small INTERNATIONAL SERVICES service requires a great investment of business under the SBA definition. capital for operation, there are several 21. The Commission has not 26. Fixed Satellite Very Small new entrants in this field that may not developed a definition of small entities Aperture Terminal (VSAT) Systems. yet have generated $11 million in applicable to licensees in the These stations operate on a primary annual receipts, and therefore may be international services. Therefore, the basis, and frequency coordination with categorized as small businesses, if applicable definition of small entity is terrestrial microwave systems is not independently owned and operated. generally the definition under the SBA required. Thus, a single ‘‘blanket’’ rules applicable to Communications application may be filed for a specified Mass Media Services Services, Not Elsewhere Classified number of small antennas and one or (NEC).84 This definition provides that a more hub stations. The Commission has 32. Commercial Radio and Television small entity is expressed as one with processed 377 applications. We do not Services. The proposed rules and $11.0 million or less in annual request nor collect annual revenue policies will apply to television receipts.85 According to the Census information, and thus are unable to broadcasting licensees and radio 89 Bureau, there were a total of 848 estimate the number of VSAT systems broadcasting licensees. The SBA communications services providers, that would constitute a small business defines a television broadcasting station NEC, in operation in 1992, and a total under the SBA definition. that has $10.5 million or less in annual 90 of 775 had annual receipts of less than 27. Mobile Satellite Earth Stations. receipts as a small business. $9.999 million.86 The Census report There are 11 licensees. We do not Television broadcasting stations consist does not provide more precise data. request nor collect annual revenue of establishments primarily engaged in 22. International Broadcast Stations. information, and thus are unable to broadcasting visual programs by Commission records show that there are estimate the number of mobile satellite television to the public, except cable 20 international broadcast station earth stations that would constitute a and other pay television services.91 licensees. We do not request nor collect small business under the SBA Included in this industry are annual revenue information, and thus definition. commercial, religious, educational, and are unable to estimate the number of 28. Radio Determination Satellite other television stations.92 Also international broadcast licensees that Earth Stations. There are four licensees. included are establishments primarily would constitute a small business under We do not request nor collect annual engaged in television broadcasting and the SBA definition. However, the revenue information, and thus are which produce taped television program Commission estimates that only six unable to estimate the number of radio materials.93 Separate establishments international broadcast stations are determination satellite earth stations primarily engaged in producing taped subject to regulatory fee payments. that would constitute a small business television program materials are 23. International Public Fixed Radio under the SBA definition. (Public and Control Stations). There are 29. Space Stations (Geostationary). 89 While we tentatively believe that the SBA’s 3 licensees in this service subject to Commission records reveal that there definition of ‘‘small business’’ greatly overstates the payment of regulatory fees. We do not are 64 Geostationary Space Station number of radio and television broadcast stations that are small businesses and is not suitable for request nor collect annual revenue licensees. We do not request nor collect purposes of determining the impact of the proposals information, and thus are unable to annual revenue information, and thus on small television and radio stations, for purposes estimate the number of international are unable to estimate the number of of this Notice we utilize the SBA’s definition in broadcast licensees that would geostationary space stations that would determining the number of small businesses to which the proposed rules would apply. We reserve constitute a small business under the constitute a small business under the the right to adopt, in the future, a more suitable SBA definition. SBA definition. definition of ‘‘small business’’ as applied to radio 24. Fixed Satellite Transmit/Receive 30. Space Stations (Non- and television broadcast stations or other entities Earth Stations. There are approximately Geostationary). There are 12 Non- subject to the proposed rules in this Notice, and to Geostationary Space Station licensees, consider further the issue of the number of small 2,679 earth station authorizations, a entities that are radio and television broadcasters or portion of which are Fixed Satellite of which only three systems are other small media entities. See Report and Order in Transmit/Receive Earth Stations. We do operational. We do not request nor MM Docket No. 93–48 (Children’s Television not request nor collect annual revenue collect annual revenue information, and Programming), 11 FCC Rcd 10660, 10737–38 (1996), thus are unable to estimate the number 61 FR 43981 (Aug. 27, 1996), citing 5 U.S.C. 601(3). information, and thus are unable to 90 of non-geostationary space stations that 13 CFR 121.201, SIC code 4833. estimate the number of the earth 91 Economics and Statistics Administration, stations that would constitute a small would constitute a small business under Bureau of Census, U.S. Department of Commerce, business under the SBA definition. the SBA definition. 1992 Census of Transportation, Communications 25. Fixed Satellite Small Transmit/ 31. Direct Broadcast Satellites. and Utilities, Establishment and Firm Size, Series Receive Earth Stations. There are Because DBS provides subscription UC92–S–1, Appendix A–9 (1995) (1992 Census, services, DBS falls within the SBA- Series UC92–S–1). approximately 2,679 earth station 92 Id.; see Executive Office of the President, Office authorizations, a portion of which are recognized definition of ‘‘Cable and of Management and Budget, Standard Industrial Fixed Satellite Small Transmit/Receive Other Pay Television Services.’’87 This Classification Manual (1987), at 283, which Earth Stations. We do not request nor definition provides that a small entity is describes ‘‘Television Broadcasting Stations’’ (SIC collect annual revenue information, and one with $11.0 million or less in annual code 4833) as: 88 Establishments primarily engaged in broadcasting receipts. As of December 1996, there visual programs by television to the public, except 84 An exception is the Direct Broadcast Satellite were eight DBS licensees. However, the cable and other pay television services. Included in (DBS) Service, infra. Commission does not collect annual this industry are commercial, religious, educational 85 13 CFR 120.121, SIC code 4899. revenue data for DBS and, therefore, is and other television stations. Also included here are 86 1992 Economic Census Industry and Enterprise unable to ascertain the number of small establishments primarily engaged in television Receipts Size Report, Table 2D, SIC code 4899 (U.S. broadcasting and which produce taped television Bureau of the Census data under contract to the program materials. Office of Advocacy of the U.S. Small Business 87 13 CFR 120.121, SIC code 4841. 93 1992 Census, Series UC92–S–1, at Appendix A– Administration). 88 13 CFR 121.201, SIC code 4841. 9.

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19589 classified under another SIC number.94 were FM stations.106 Only commercial approximately 5,186, of which 340 are There were 1,509 television stations stations are subject to regulatory fees. television stations.112 operating in the nation in 1992.95 That 34. Thus, the rules may affect Auxiliary, Special Broadcast and Other number has remained fairly constant as approximately 1,616 full power Program Distribution Services indicated by the approximately 1,616 television stations, approximately 1,200 operating television broadcasting of which are considered small 36. This service involves a variety of businesses.107 Additionally, the stations in the nation as of September transmitters, generally used to relay proposed rules will affect some 12,615 30, 1999. 96 For 1992, 97 the number of broadcast programming to the public full power radio stations, approximately television stations that produced less (through translator and booster stations) 11,670 of which are small businesses.108 than $10.0 million in revenue was 1,155 or within the program distribution chain These estimates may overstate the 98 (from a remote news gathering unit back establishments. Only commercial number of small entities because the stations are subject to regulatory fees. revenue figures on which they are based to the station). The Commission has not 33. Additionally, the Small Business do not include or aggregate revenues developed a definition of small entities Administration defines a radio from non-television or non-radio applicable to broadcast auxiliary broadcasting station that has $5 million affiliated companies. There are also licensees. Therefore, the applicable definitions of small entities are those, or less in annual receipts as a small 2,194 low power television stations noted previously, under the SBA rules business.99 A radio broadcasting station (LPTV).109 Given the nature of this applicable to radio broadcasting stations is an establishment primarily engaged in service, we will presume that all LPTV and television broadcasting stations.113 broadcasting aural programs by radio to licensees qualify as small entities under the public.100 Included in this industry the SBA definition. 37. There are currently 3,237 FM are commercial, religious, educational, translators and boosters, and 2,964 TV Alternative Classification of Small 114 and other radio stations.101 Radio Stations translators. The FCC does not collect financial information on any broadcast broadcasting stations, which primarily 35. An alternative way to classify are engaged in, radio broadcasting and facility, and the Department of small radio and television stations is by Commerce does not collect financial which produce radio program materials number of employees. The Commission information on these auxiliary broadcast are similarly included.102 However, currently applies a standard based on facilities. We believe, however, that radio stations which are separate the number of employees in most, if not all, of these auxiliary establishments and are primarily administering its Equal Employment facilities could be classified as small engaged in producing radio program Opportunity Rule (EEO) for businesses by themselves. We also 110 material are classified under another broadcasting. Thus, radio or recognize that most commercial 103 SIC number. The 1992 Census television stations with fewer than five translators and boosters are owned by a indicates that 96 percent (5,861 of full-time employees are exempted from parent station which, in some cases, 6,127) radio station establishments certain EEO reporting and record would be covered by the revenue 111 produced less than $5 million in keeping requirements. We estimate definition of small business entity revenue in 1992.104 Official Commission that the total number of broadcast discussed above. These stations would records indicate that 11,334 individual stations with 4 or fewer employees is likely have annual revenues that exceed radio stations were operating in 1992.105 the SBA maximum to be designated as 106 FCC News Release, ‘‘Broadcast Station Totals As of September 30, 1999, Commission as of September 30, 1999.’’ a small business (either $5 million for records indicate that 12,615 radio 107 We use the 77 percent figure of TV stations a radio station or $10.5 million for a TV stations were operating, of which 7,832 operating at less than $10 million for 1992 and station). Furthermore, they do not meet apply it to the 1997 total of 1558 TV stations to the Small Business Act’s definition of a arrive at 1,200 stations categorized as small 94 Id., SIC code 7812 (Motion Picture and Video businesses. ‘‘small business concern’’ because they Tape Production); SIC code 7922 (Theatrical 108 We use the 96% figure of radio station are not independently owned and Producers and Miscellaneous Theatrical Services) establishments with less than $5 million revenue operated.115 (producers of live radio and television programs). from the Census data and apply it to the 12,088 95 FCC News Release No. 31327 (Jan. 13, 1993); individual station count to arrive at 11,605 38. Multipoint Distribution Service 1992 Census, Series UC92–S–1, at Appendix A–9. individual stations as small businesses. (MDS). This service involves a variety of 96 FCC News Release, ‘‘Broadcast Station Totals as 109 FCC News Release, No. 7033 (Mar. 6, 1997). transmitters, which are used to relay of September 30, 1999.’’ 110 The Commission’s definition of a small programming to the home or office, 97 A census to determine the estimated number of broadcast station for purposes of applying its EEO Communications establishments is performed every rules was adopted prior to the requirement of similar to that provided by cable 116 five years, in years ending with a ‘‘2’’ or ‘‘7.’’ See approval by the SBA pursuant to section 3(a) of the television systems. In connection 1992 Census, Series UC92–S–1, at III. Small Business Act, 15 U.S.C. 632(a), as amended with the 1996 MDS auction, the 98 The amount of $10 million was used to by section 222 of the Small Business Credit and Commission defined small businesses as estimate the number of small business Business Opportunity Enhancement Act of 1992, establishments because the relevant Census Public Law 102–366, 222(b)(1), 106 Stat. 999 (1992), entities that had annual average gross categories stopped at $9,999,999 and began at as further amended by the Small Business revenues for the three preceding years $10,000,000. No category for $10.5 million existed. Administration Reauthorization and Amendments Act of 1994, Public Law 103–403, 301, 108 Stat. Thus, the number is as accurate as it is possible to 112 See Review of EEO Rules, Appendix B, Sec. C 4187 (1994). However, this definition was adopted calculate with the available information. [from compilation of 1997 Broadcast Station 99 after public notice and the opportunity for 13 CFR 121.201, SIC code 4832. Annual Employment Reports (FCC Form 395–B), comment. See Report and Order in Docket No. 100 1992 Census, Series UC92–S–1, at Appendix Equal Employment Opportunity Staff, Mass Media 18244, 23 FCC 2d 430 (1970), 35 FR 8925 (Jun. 6, A–9. Bureau, FCC]. 1970). 101 Id. 113 13 CFR 121.201, SIC code 4832. 111 See, e.g., 47 CFR 73.3612 (Requirement to file 102 Id. 114 annual employment reports on Form 395 applies to FCC News Release, Broadcast Station Totals 103 Id. licensees with five or more full-time employees). as of September 30, 1999, No. 71831 (Jan. 21, 1997). 104 The Census Bureau counts radio stations See also, Review of the Commission’s Broadcast 115 15 U.S.C. 632. located at the same facility as one establishment. and Cable Equal Employment Opportunity Rules 116 For purposes of this item, MDS includes both Therefore, each co-located AM/FM combination and Policies and Termination of the EEO the single channel Multipoint Distribution Service counts as one establishment. Streamlining Proceeding, FCC 00–20, released (MDS) and the Multichannel Multipoint 105 FCC News Release, No. 31327 (Jan. 13, 1993). February 2, 2000 (‘‘Review of EEO Rules’’). Distribution Service (MMDS).

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 19590 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules not in excess of $40 million.117 This services, which are placed together in Additionally, a very small business is definition of a small entity in the the data.123 We do not have data defined as an entity that, together with context of MDS auctions has been specifying the number of these carriers its affiliates and controlling principals, approved by the SBA.118 These stations that are not independently owned and has average gross revenues that are not were licensed prior to implementation operated or have more than 1,500 more than $3 million for the preceding of section 309(j) of the Communications employees, and thus are unable at this three years.127 The SBA has approved Act of 1934, as amended.119 Licenses for time to estimate with greater precision these definitions.128 An auction of new MDS facilities are now awarded to the number of cellular service carriers Phase II licenses commenced on auction winners in Basic Trading Areas that would qualify as small business September 15, 1998, and closed on (BTAs) and BTA-like areas.120 The MDS concerns under the SBA’s definition. October 22, 1998.129 Nine hundred and auctions resulted in 67 successful Consequently, we estimate that there are eight (908) licenses were auctioned in 3 bidders obtaining licensing fewer than 808 small cellular service different-sized geographic areas: three opportunities for 493 BTAs. Of the 67 carriers that may be affected by the nationwide licenses, 30 Regional auction winners, 61 meet the definition proposed rules, if adopted. Economic Area Group Licenses, and 875 of a small business. There are 2,050 40. 220 MHz Radio Service—Phase I Economic Area (EA) Licenses. Of the MDS stations currently licensed. Thus, Licensees. The 220 MHz service has 908 licenses auctioned, 693 were sold. we conclude that there are 1,634 MDS both Phase I and Phase II licenses. Phase Companies claiming small business providers that are small businesses as I licensing was conducted by lotteries in status won: one of the Nationwide deemed by the SBA and the 1992 and 1993. There are approximately licenses, 67% of the Regional licenses, Commission’s auction rules. It is 1,515 such non-nationwide licensees and 54% of the EA licenses. As of estimated, however, that only 1,650 and four nationwide licensees currently January 22, 1999, the Commission MDS licensees are subject to regulatory authorized to operate in the 220 MHz announced that it was prepared to grant fees, and the number which are small band. The Commission has not 654 of the Phase II licenses won at businesses is unknown. developed a definition of small entities auction. 130 specifically applicable to such 42. Private and Common Carrier Wireless and Commercial Mobile incumbent 220 MHz Phase I licensees. Paging. The Commission has proposed Services To estimate the number of such a two-tier definition of small businesses 39. Cellular Licensees. Neither the licensees that are small businesses, we in the context of auctioning licenses in Commission nor the SBA has developed apply the definition under the SBA the Common Carrier Paging and a definition of small entities applicable rules applicable to Radiotelephone exclusive Private Carrier Paging to cellular licensees. Therefore, the Communications companies. This services. Under the proposal, a small applicable definition of small entity is definition provides that a small entity is business will be defined as either (1) an the definition under the SBA rules a radiotelephone company employing entity that, together with its affiliates applicable to radiotelephone (wireless) no more than 1,500 persons.124 and controlling principals, has average companies. This provides that a small According to the Bureau of the Census, gross revenues for the three preceding entity is a radiotelephone company only 12 radiotelephone firms out of a years of not more than $3 million, or (2) employing no more than 1,500 total of 1,178 such firms which operated an entity that, together with affiliates persons.121 According to the Bureau of during 1992 had 1,000 or more and controlling principals, has average the Census, only twelve radiotelephone employees.125 Therefore, if this general gross revenues for the three preceding firms from a total of 1,178 such firms ratio continues in 1999 in the context of calendar years of not more than $15 which operated during 1992 had 1,000 Phase I 220 MHz licensees, we estimate million. Because the SBA has not yet or more employees.122 Therefore, even if that nearly all such licensees are small approved this definition for paging all twelve of these firms were cellular businesses under the SBA’s definition. services, we will utilize the SBA’s telephone companies, nearly all cellular 41. 220 MHz Radio Service—Phase II definition applicable to radiotelephone carriers were small businesses under the Licensees. The Phase II 220 MHz service companies, i.e., an entity employing no SBA’s definition. In addition, we note is a new service, and is subject to more than 1,500 persons.131 At present, that there are 1,758 cellular licenses; spectrum auctions. In the 220 MHz there are approximately 24,000 Private however, a cellular licensee may own Third Report and Order, we adopted Paging licenses and 74,000 Common several licenses. In addition, according criteria for defining small businesses Carrier Paging licenses. According to the to the most recent Telecommunications and very small businesses for purposes most recent Telecommunications Industry Revenue data, 808 carriers of determining their eligibility for Industry Revenue data, 172 carriers reported that they were engaged in the special provisions such as bidding reported that they were engaged in the provision of either cellular service or credits and installment payments.126 We provision of either paging or ‘‘other Personal Communications Service (PCS) have defined a small business as an mobile’’ services, which are placed entity that, together with its affiliates together in the data.132 We do not have 117 47 CFR 1.2110 (a)(1). and controlling principals, has average 118 Amendment of Parts 21 and 74 of the gross revenues not exceeding $15 127 220 MHz Third Report and Order, 12 FCC Rcd Commission’s Rules with Regard to Filing at 11068–69, para. 291. Procedures in the Multipoint Distribution Service million for the preceding three years. 128 and in the Instructional Television Fixed Service See Letter from A. Alvarez, Administrator, and Implementation of Section 309(j) of the 123 Trends in Telephone Service, Table 19.3 SBA, to D. Phythyon, Chief, Wireless Communications Act—Competitive Bidding, 10 (March 2000). Telecommunications Bureau, FCC (Jan. 6, 1998). FCC Rcd 9589 (1995), 60 FR 36524 (Jul. 17, 1995). 124 13 CFR 121.201, Standard Industrial 129 See generally Public Notice, ‘‘220 MHz Service 119 47 U.S.C. 309(j). Classification (SIC) code 4812. Auction Closes,’’ Report No. WT 98–36 (Wireless 120 Id. A Basic Trading Area (BTA) is the 125 U.S. Bureau of the Census, U.S. Department of Telecom. Bur. Oct. 23, 1998). geographic area by which the Multipoint Commerce, 1992 Census of Transportation, 130 Public Notice, ‘‘FCC Announces It is Prepared Distribution Service is licensed. See Rand McNally Communications, and Utilities, UC92–S–1, Subject to Grant 654 Phase II 220 MHz Licenses After Final 1992 Commercial Atlas and Marketing Guide, 123rd Series, Establishment and Firm Size, Table 5, Payment is Made,’’ Report No. AUC–18–H, DA No. Edition, pp. 36–39. Employment Size of Firms; 1992, SIC code 4812 99–229 (Wireless Telecom. Bur. Jan. 22, 1999). 121 13 CFR 121.201, SIC code 4812. (issued May 1995). 131 13 CFR 121.201, SIC code 4812. 122 1992 Census, Series UC92–S–1, at Table 5, SIC 126 220 MHz Third Report and Order, 12 FCC Rcd 132 Trends in Telephone Service, Table 19.3 code 4812. 10943, 11068–70, at paras. 291–295 (1997). (February 19, 1999).

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19591 data specifying the number of these approved by the SBA. 137 No small estimate that almost all of them qualify carriers that are not independently businesses within the SBA-approved as small entities under the SBA’s owned and operated or have more than definition bid successfully for licenses definition. 1,500 employees, and thus are unable at in Blocks A and B. There were 90 47. Air-Ground Radiotelephone this time to estimate with greater winning bidders that qualified as small Service. The Commission has not precision the number of paging carriers entities in the Block C auctions. A total adopted a definition of small entity that would qualify as small business of 93 small and very small business specific to the Air-Ground concerns under the SBA’s definition. bidders won approximately 40% of the Radiotelephone Service.142 Consequently, we estimate that there are 1,479 licenses for Blocks D, E, and F. 138 Accordingly, we will use the SBA’s fewer than 172 small paging carriers Based on this information, we conclude definition applicable to radiotelephone that may be affected by the proposed that the number of small broadband PCS companies, i.e., an entity employing no rules, if adopted. We estimate that the licensees will include the 90 winning C more than 1,500 persons.143 There are majority of private and common carrier Block bidders and the 93 qualifying approximately 100 licensees in the Air- paging providers would qualify as small bidders in the D, E, and F blocks, for a Ground Radiotelephone Service, and we entities under the SBA definition. total of 183 small entity PCS providers estimate that almost all of them qualify as defined by the SBA and the as small under the SBA definition. 43. Mobile Service Carriers. Neither Commission’s auction rules. 48. Specialized Mobile Radio (SMR). the Commission nor the SBA has 45. Narrowband PCS. The The Commission awards bidding credits developed a definition of small entities Commission has auctioned nationwide in auctions for geographic area 800 MHz specifically applicable to mobile service and regional licenses for narrowband and 900 MHz SMR licenses to firms that carriers, such as paging companies. As PCS. There are 11 nationwide and 30 had revenues of no more than $15 noted above in the section concerning regional licensees for narrowband PCS. million in each of the three previous paging service carriers, the closest The Commission does not have calendar years.144 In the context of 900 applicable definition under the SBA sufficient information to determine MHz SMR, this regulation defining rules is that for radiotelephone ‘‘small entity’’ has been approved by the 133 whether any of these licensees are small (wireless) companies, and the most businesses within the SBA-approved SBA; approval concerning 800 MHz recent Telecommunications Industry definition for radiotelephone SMR is being sought. Revenue data shows that 172 carriers companies. At present, there have been 49. The proposed fees in the NPRM reported that they were engaged in the no auctions held for the major trading apply to SMR providers in the 800 MHz provision of either paging or ‘‘other and 900 MHz bands that either hold 134 area (MTA) and basic trading area (BTA) mobile’’ services. Consequently, we narrowband PCS licenses. The geographic area licenses or have estimate that there are fewer than 172 Commission anticipates a total of 561 obtained extended implementation small mobile service carriers that may MTA licenses and 2,958 BTA licenses authorizations. We do not know how be affected by the proposed rules, if will be awarded by auction. Such many firms provide 800 MHz or 900 adopted. auctions have not yet been scheduled, MHz geographic area SMR service 44. Broadband Personal however. Given that nearly all pursuant to extended implementation Communications Service (PCS). The radiotelephone companies have no more authorizations, nor how many of these broadband PCS spectrum is divided into than 1,500 employees and that no providers have annual revenues of no six frequency blocks designated A reliable estimate of the number of more than $15 million. One firm has through F, and the Commission has held prospective MTA and BTA narrowband over $15 million in revenues. We auctions for each block. The licensees can be made, we assume, for assume, for purposes of this IRFA, that Commission defined ‘‘small entity’’ for purposes of this IRFA, that all of the all of the remaining existing extended Blocks C and F as an entity that has licenses will be awarded to small implementation authorizations are held average gross revenues of less than $40 entities, as that term is defined by the by small entities, as that term is defined million in the three previous calendar SBA. by the SBA. years. 135 For Block F, an additional 46. Rural Radiotelephone Service. The 50. For geographic area licenses in the classification for ‘‘very small business’’ Commission has not adopted a 900 MHz SMR band, there are 60 who was added and is defined as an entity definition of small entity specific to the qualified as small entities. For the 800 that, together with their affiliates, has Rural Radiotelephone Service.139 A MHz SMR’s, 38 are small or very small average gross revenues of not more than significant subset of the Rural entities. $15 million for the preceding three Radiotelephone Service is the Basic 51. Private Land Mobile Radio calendar years. 136 These regulations Exchange Telephone Radio Systems (PLMR). PLMR systems serve an defining ‘‘small entity’’ in the context of (BETRS).140 We will use the SBA’s essential role in a range of industrial, broadband PCS auctions have been definition applicable to radiotelephone business, land transportation, and companies, i.e., an entity employing no public safety activities. These radios are 133 13 CFR 121.201, SIC code 4812. more than 1,500 persons.141 There are used by companies of all sizes operating 134 Trends in Telephone Service, Table 19.3 approximately 1,000 licensees in the in all U.S. business categories. The (February 19, 1999). Rural Radiotelephone Service, and we Commission has not developed a 135 See Amendment of Parts 20 and 24 of the definition of small entity specifically Commission’s Rules—Broadband PCS Competitive 137 applicable to PLMR licensees due to the Bidding and the Commercial Mobile Radio Service See, e.g., Implementation of Section 309(j) of Spectrum Cap, Report and Order, FCC 96–278, WT the Communications Act—Competitive Bidding, PP vast array of PLMR users. For the Docket No. 96–59, paras. 57–60 (released Jun. 24, Docket No. 93–253, Fifth Report and Order, 9 FCC purpose of determining whether a 1996), 61 FR 33859 (Jul. 1, 1996); see also 47 CFR Rcd 5532, 5581–84 (1994). licensee is a small business as defined 138 FCC News, Broadband PCS, D, E and F Block 24.720(b). by the SBA, each licensee would need 136 See Amendment of Parts 20 and 24 of the Auction Closes, No. 71744 (released Jan. 14, 1997). Commission’s Rules—Broadband PCS Competitive 139 The service is defined in § 22.99 of the Bidding and the Commercial Mobile Radio Service Commission’s Rules, 47 CFR 22.99. 142 The service is defined in § 22.99 of the Spectrum Cap, Report and Order, FCC 96–278, WT 140 BETRS is defined in §§ 22.757 and 22.759 of Commission’s Rules, 47 CFR 22.99. Docket No. 96–59, para. 60 (1996), 61 FR 33859 (Jul. the Commission’s Rules, 47 CFR 22.757 and 22.759. 143 13 CFR 121.201, SIC code 4812. 1, 1996). 141 13 CFR 121.201, SIC code 4812. 144 47 CFR 90.814(b)(1).

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 19592 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules to be evaluated within its own business services.149 At present, there are private businesses comprise the area. approximately 22,015 common carrier licensees for these services. As 52. The Commission is unable at this fixed licensees and 61,670 private indicated supra in paragraph four of this time to estimate the number of small operational-fixed licensees and IRFA, all governmental entities with businesses which could be impacted by broadcast auxiliary radio licensees in populations of less than 50,000 fall the rules. However, the Commission’s the microwave services. The within the definition of a small 1994 Annual Report on PLMRs 145 Commission has not yet defined a small entity.153 All licensees in this category indicates that at the end of fiscal year business with respect to microwave are exempt from the payment of 1994 there were 1,087,267 licensees services. For purposes of this IRFA, we regulatory fees. operating 12,481,989 transmitters in the will utilize the SBA’s definition 58. Personal Radio Services. Personal PLMR bands below 512 MHz. Because applicable to radiotelephone radio services provide short-range, low any entity engaged in a commercial companies—i.e., an entity with no more power radio for personal activity is eligible to hold a PLMR than 1,500 persons.150 We estimate, for communications, radio signaling, and license, the proposed rules in this this purpose, that all of the Fixed business communications not provided context could potentially impact every Microwave licensees (excluding for in other services. The services small business in the United States. broadcast auxiliary licensees) would include the citizen’s band (CB) radio 53. Amateur Radio Service. We qualify as small entities under the SBA service, general mobile radio service estimate that 8,000 applicants will definition for radiotelephone (GMRS), radio control radio service, and apply for vanity call signs in FY 2000. companies. family radio service (FRS).154 Inasmuch All are presumed to be individuals. All 57. Public Safety Radio Services. as the CB, GMRS, and FRS licensees are other amateur licensees are exempt from Public Safety radio services include individuals, no small business payment of regulatory fees. police, fire, local government, forestry definition applies for these services. We 54. Aviation and Marine Radio conservation, highway maintenance, are unable at this time to estimate the Service. Small businesses in the aviation and emergency medical services.151 number of other licensees that would and marine radio services use a marine There are a total of approximately qualify as small under the SBA’s very high frequency (VHF) radio, any 127,540 licensees within these services. definition; however, only GMRS type of emergency position indicating Governmental entities 152 as well as licensees are subject to regulatory fees. radio beacon (EPIRB) and/or radar, a 59. Offshore Radiotelephone Service. VHF aircraft radio, and/or any type of 149 Auxiliary Microwave Service is governed by This service operates on several UHF emergency locator transmitter (ELT). part 74 of Title 47 of the Commission’s Rules. See TV broadcast channels that are not used 47 CFR 74 et seq. Available to licensees of broadcast for TV broadcasting in the coastal area The Commission has not developed a stations and to broadcast and cable network definition of small entities specifically entities, broadcast auxiliary microwave stations are of the states bordering the Gulf of 155 applicable to these small businesses. used for relaying broadcast television signals from Mexico. At present, there are Therefore, the applicable definition of the studio to the transmitter, or between two points approximately 55 licensees in this such as a main studio and an auxiliary studio. The service. We are unable at this time to small entity is the definition under the service also includes mobile TV pickups, which SBA rules for radiotelephone relay signals from a remote location back to the estimate the number of licensees that communications.146 studio. would qualify as small under the SBA’s 55. Most applicants for recreational 150 13 CFR 121.201, SIC 4812. definition for radiotelephone licenses are individuals. Approximately 151 With the exception of the special emergency communications. 581,000 ship station licensees and service, these services are governed by Subpart B 60. Wireless Communications of part 90 of the Commission’s Rules, 47 CFR 90.15 Services. This service can be used for 131,000 aircraft station licensees operate through 90.27. The police service includes 26,608 domestically and are not subject to the licensees that serve state, county, and municipal fixed, mobile, radiolocation and digital radio carriage requirements of any enforcement through telephony (voice), telegraphy audio broadcasting satellite uses. The statute or treaty. Therefore, for purposes (code) and teletype and facsimile (printed material). Commission defined ‘‘small business’’ The fire radio service includes 22,677 licensees for the wireless communications of our evaluations and conclusions in comprised of private volunteer or professional fire this IRFA, we estimate that there may be companies as well as units under governmental services (WCS) auction as an entity with at least 712,000 potential licensees control. The local government service that is average gross revenues of $40 million which are individuals or are small presently comprised of 40,512 licensees that are for each of the three preceding years, state, county, or municipal entities that use the and a ‘‘very small business’’ as an entity entities, as that term is defined by the radio for official purposes not covered by other SBA. We estimate, however, that only public safety services. There are 7,325 licensees with average gross revenues of $15 16,800 will be subject to FY 2000 within the forestry service which is comprised of million for each of the three preceding regulatory fees. licensees from state departments of conservation years. The Commission auctioned 56. Fixed Microwave Services. and private forest organizations who set up geographic area licenses in the WCS communications networks among fire lookout service. In the auction, there were seven Microwave services include common towers and ground crews. The 9,480 state and local carrier,147 private-operational fixed,148 governments are licensed to highway maintenance winning bidders that qualified as very and broadcast auxiliary radio service provide emergency and routine small business entities, and one that communications to aid other public safety services qualified as a small business entity. We to keep main roads safe for vehicular traffic. The 145 conclude that the number of geographic Federal Communications Commission, 60th 1,460 licensees in the Emergency Medical Radio Annual Report, Fiscal Year 1994, at 116. Service (EMRS) use the 39 channels allocated to 146 13 CFR 121.201, SIC code 4812. this service for emergency medical service 153 5 U.S.C. 601(5). 147 47 CFR 101 et seq. (formerly, part 21 of the communications related to the delivery of 154 Licensees in the Citizens Band (CB) Radio Commission’s Rules). emergency medical treatment. 47 CFR 90.15 Service, General Mobile Radio Service (GMRS), 148 Persons eligible under parts 80 and 90 of the through 90.27. The 19,478 licensees in the special Radio Control (R/C) Radio Service and Family Commission’s rules can use Private Operational- emergency service include medical services, rescue Radio Service (FRS) are governed by Subpart D, Fixed Microwave services. See 47 CFR parts 80 and organizations, veterinarians, handicapped persons, Subpart A, Subpart C, and Subpart B, respectively, 90. Stations in this service are called operational- disaster relief organizations, school buses, beach of part 95 of the Commission’s Rules. 47 CFR fixed to distinguish them from common carrier and patrols, establishments in isolated areas, 95.401 through 95.428; 95.1 through 95.181; 95.201 public fixed stations. Only the licensee may use the communications standby facilities, and emergency through 95.225; 47 CFR 95.191 through 95.194. operational-fixed station, and only for repair of public communications facilities. 47 CFR 155 This service is governed by subpart I of part communications related to the licensee’s 90.33 through 90.55. 22 of the Commission’s Rules. See 47 CFR 22.1001 commercial, industrial, or safety operations. 152 47 CFR 1.1162. through 22.1037.

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19593 area WCS licensees affected includes lockbox bank after computing the payment of the regulatory fee along with these eight entities. number of units subject to the fee. As an the waiver or reduction request could option, licensees are permitted to file result in reduction of service to a IV. Description of Projected Reporting, electronically or on computer diskette to community or other financial hardship Recordkeeping and Other Compliance minimize the burden of submitting to the licensee), the Commission will Requirements multiple copies of the FCC Form 159. accept a petition to defer payment along 61. With certain exceptions, the This latter, optional procedure may with a waiver or reduction request. Commission’s Schedule of Regulatory require additional technical skills. V. Steps Taken To Minimize Significant Fees applies to all Commission Applicants who pay small fees in Economic Impact on Small Entities, and licensees and regulatees. Most licensees advance supply fee information as part Significant Alternatives Considered will be required to count the number of of their application and do not need to licenses or call signs authorized, use FCC Form 159. 65. The RFA requires an agency to complete and submit an FCC Form 159 63. Licensees and regulatees are describe any significant alternatives that (‘‘FCC Remittance Advice’’), and pay a advised that failure to submit the it has considered in reaching its regulatory fee based on the number of required regulatory fee in a timely proposed approach, which may include licenses or call signs.156 Interstate manner will subject the licensee or the following four alternatives: (1) The telephone service providers must regulatee to a late payment fee of 25 establishment of differing compliance or compute their annual regulatory fee percent in addition to the required reporting requirements or timetables based on their interstate and fee.157 Until payment is received, no that take into account the resources international end-user revenue using new or pending applications will be available to small entities; (2) the information they already supply to the processed, and existing authorizations clarification, consolidation, or Commission in compliance with the may be subject to rescission.158 Further, simplification of compliance or Form 499–A, Telecommunications in accordance with the Debt Collection reporting requirements under the rule Reporting Worksheet, and they must Improvement Act of 1996, federal for small entities; (3) the use of complete and submit the FCC Form 159. agencies may bar a person or entity from performance, rather than design, Compliance with the fee schedule will obtaining a federal loan or loan standards; and (4) an exemption from require some licensees to tabulate the insurance guarantee if that person or coverage of the rule, or any part thereof, number of units (e.g., cellular entity fails to pay a delinquent debt for small entities. As described in telephones, pagers, cable TV owed to any federal agency.159 Section IV of this IRFA, supra, we have subscribers) they have in service, and Nonpayment of regulatory fees is a debt created procedures in which all fee- complete and submit an FCC Form 159. owed the United States pursuant to 31 filing licensees and regulatees use a Licensees ordinarily will keep a list of U.S.C. 3711 et seq., and the Debt single form, FCC Form 159, and have the number of units they have in service Collection Improvement Act of 1996, described in plain language the general as part of their normal business Public Law 194–134. Appropriate filing requirements. We have also practices. No additional outside enforcement measures, e.g., interest as created Attachment F, infra, which professional skills are required to well as administrative and judicial gives ‘‘Detailed Guidance on Who Must complete the FCC Form 159, and it can remedies, may be exercised by the Pay Regulatory Fees.’’ Because the be completed by the employees Commission. Thus, debts owed to the collection of fees is statutory, our efforts responsible for an entity’s business Commission may result in a person or at proposing alternatives are constrained records. entity being denied a federal loan or and, throughout these annual fee 62. Each licensee must submit the loan guarantee pending before another proceedings, have been largely directed FCC Form 159 to the Commission’s federal agency until such obligations are toward simplifying the instructions and paid.160 necessary procedures for all filers. At 156 The following categories are exempt from the this time, we invite comment on other Commission’s Schedule of Regulatory Fees: 64. The Commission’s rules currently Amateur radio licensees (except applicants for provide for relief in exceptional alternatives that might simplify our fee vanity call signs) and operators in other non- circumstances. Persons or entities that procedures or otherwise benefit small licensed services (e.g., Personal Radio, part 15, ship believe they have been placed in the entities, while remaining consistent and aircraft). Governments and non-profit (exempt with our statutory responsibilities in under section 501(c) of the Internal Revenue Code) wrong regulatory fee category or are entities are exempt from payment of regulatory fees experiencing extraordinary and this proceeding. and need not submit payment. Non-commercial compelling financial hardship, upon a 66. The Omnibus Consolidated and educational broadcast licensees are exempt from showing that such circumstances Emergency Supplemental regulatory fees as are licensees of auxiliary Appropriations Act for FY 1999, Public broadcast services such as low power auxiliary override the public interest in stations, television auxiliary service stations, reimbursing the Commission for its Law 105–277 requires the Commission remote pickup stations and aural broadcast regulatory costs, may request a waiver, to revise its Schedule of Regulatory Fees auxiliary stations where such licenses are used in in order to recover the amount of conjunction with commonly owned non- reduction or deferment of payment of commercial educational stations. Emergency Alert the regulatory fee.161 However, timely regulatory fees that Congress, pursuant System licenses for auxiliary service facilities are submission of the required regulatory to Section 9(a) of the Communications also exempt as are instructional television fixed Act, as amended, has required the service licensees. Regulatory fees are automatically fee must accompany requests for waivers or reductions. This will avoid Commission to collect for Fiscal Year waived for the licensee of any translator station 162 that: (1) Is not licensed to, in whole or in part, and any late payment penalty if the request (FY) 2000. As noted, we seek does not have common ownership with, the is denied. The fee will be refunded if comment on the proposed methodology licensee of a commercial broadcast station; (2) does for implementing these statutory not derive income from advertising; and (3) is the request is granted. In exceptional dependent on subscriptions or contributions from and compelling instances (where requirements and any other potential members of the community served for support. impact of these proposals on small Receive only earth station permittees are exempt 157 47 U.S.C. 1.1164(a). entities. from payment of regulatory fees. A regulatee will 158 47 U.S.C. 1.1164(c). 67. With the use of actual cost be relieved of its fee payment requirement if its 159 total fee due, including all categories of fees for Public Law 104–134, 110 Stat. 1321 (1996). accounting data for computation of which payment is due by the entity, amounts to less 160 31 U.S.C. 7701(c)(2)(B). than $10. 161 47 U.S.C. 1.1166. 162 47 U.S.C. 159(a).

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 19594 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules regulatory fees, we found that some fees Attachment B—Sources of Payment rounded our final estimates to take into which were very small in previous years Unit Estimates for FY 2000 consideration the fact that certain would have increased dramatically. The variables that impact on the number of methodology proposed in this NPRM In order to calculate individual payment units cannot yet be estimated minimizes this impact by limiting the service fees for FY 2000, we adjusted FY exactly. These include an unknown amount of increase and shifting costs to 1999 payment units for each service to number of waivers and/or exemptions other services which, for the most part, more accurately reflect expected FY that may occur in FY 2000 and the fact 2000 payment liabilities. We obtained are larger entities. that, in many services, the number of our updated estimates through a variety actual licensees or station operators 68. Several categories of licensees and of means. For example, we used fluctuates from time to time due to regulatees are exempt from payment of Commission licensee data bases, actual economic, technical or other reasons. regulatory fees. See, e.g., footnote 149, prior year payment records and industry Therefore, when we note, for example, supra, and Attachment F of the NPRM, and trade association projections when that our estimated FY 2000 payment infra. available. We tried to obtain verification units are based on FY 1999 actual VI. Federal Rules that May Duplicate, for these estimates from multiple payment units, it does not necessarily Overlap, or Conflict With the Proposed sources and, in all cases, we compared mean that our FY 2000 projection is FY 2000 estimates with actual FY 1999 Rules exactly the same number as FY 1999. It payment units to ensure that our revised means that we have either rounded the 69. None. estimates were reasonable. Where FY 2000 number or adjusted it slightly appropriate, we adjusted and/or to account for these variables.

Fee category Sources of payment unit estimates

Land Mobile (All), Microwave, 218±219 MHz 163, Marine (Ship & Based on Wireless Telecommunications Bureau (WTB) projections of Coast), Aviation (Aircraft & Ground), GMRS, Amateur Vanity Call new applications and renewals taking into consideration existing Signs, Domestic Public Fixed. Commission licensee data bases. Aviation (Aircraft) and Marine (Ship) estimates have been adjusted to take into consideration the li- censing of portions of these services on a voluntary basis. CMRS Mobile Services ...... Based on industry estimates of growth between FY 1999 and FY 2000 and Wireless Telecommunications Bureau projections of new appli- cations and average number of mobile units associated with each application. CMRS Messaging Services ...... Based on industry estimates of the number of units in operation. AM/FM Radio Stations ...... Based on actual FY 1999 payment units. UHF/VHF Television Stations ...... Based on actual FY 1999 payment units. AM/FM/TV Construction Permits ...... Based on actual FY 1999 payment units. LPTV, Translators and Boosters ...... Based on actual FY 1999 payment units. Auxiliaries ...... Based on Wireless Telecommunications Bureau (WTB) projections. MDS/MMDS ...... Based on actual FY 1999 payment units. Cable Antenna Relay Service (CARS) ...... Based on actual FY 1999 payment units. Cable Television System Subscribers...... Based on Cable Services Bureau and industry estimates of subscribership. Interstate Telephone Service Providers ...... Based on actual FY 1999 interstate revenues associated with the Tele- communications Reporting Worksheet, adjusted to take into consid- eration FY 2000 revenue growth in this industry as estimated by the Common Carrier Bureau. Earth Stations ...... Based on actual FY 1999 payment units. Space Stations (GSOs & NGSOs) ...... Based on International Bureau licensee data bases. International Bearer Circuits ...... Based on actual FY 1999 payment units. International HF Broadcast Stations, International Public Fixed Radio Based on actual FY 1999 payment units. Service.

ATTACHMENT C: CALCULATION OF REVENUE REQUIREMENTS AND PRO-RATA FEES

Rounded Computed FY Pro-rated rev- new FY FY 2000 × FY 1999 × Payment Expected FY Fee category payment units fee years = 2000 revenue enue require- 2000 reg- 2000 revenue requirement ment 1 ulatory fee

PLMRS (Exclusive Use) ...... 3,800 13 5 247,000 239,408 13 239,408 Microwave ...... 6,250 13 10 812,500 787,525 13 787,525 218±219 MHz (For- merly IVDS) ...... 0 13 10 0 0 0 0 Marine (Ship) ...... 6,300 7 10 441,000 427,444 7 427,444 GMRS/PLMRS (Shared Use) ...... 59,000 7 5 2,065,000 2,001,526 7 2,001,526 Aviation (Aircraft) .... 3,300 7 10 231,000 223,889 7 223,889

163 The Wireless Telecommunications Bureau’s staff advises that they do not anticipate receiving any applications for 218–219 MHz (formerly IVDS) in FY 2000.

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ATTACHMENT C: CALCULATION OF REVENUE REQUIREMENTS AND PRO-RATA FEESÐContinued

Rounded Computed FY Pro-rated rev- new FY FY 2000 × FY 1999 × Payment Expected FY Fee category payment units fee years = 2000 revenue enue require- 2000 reg- 2000 revenue requirement ment 1 ulatory fee

Marine (Coast) ...... 1,500 7 5 52,500 50,886 7 50,886 Aviation (Ground) .... 1,750 7 5 61,250 59,367 7 59,367 Amateur Vanity Call Signs ...... 8,000 1.4 10 112,000 108,557 1.4 112,000 AM Class A ...... 72 1,942 1 139,824 135,526 1,875 135,000 AM Class B ...... 1,155 1,491 1 1,722,105 1,669,171 1,450 1,674,750 AM Class C ...... 806 738 1 594,828 576,544 715 576,290 AM Class D ...... 2,001 970 1 1,940,970 1,881,308 940 1,880,940 FM Classes A, B1 & C3 ...... 2,656 1,491 1 3,960,096 3,838,370 1,445 3,851,200 FM Classes B, C, C1 & C2 ...... 2,555 1,942 1 4,961,810 4,809,293 1,875 4,790,625 AM Construction Permits ...... 60 260 1 15,600 15,120 250 15,000 FM Construction Permits ...... 341 780 1 265,980 257,804 755 257,455 Satellite TV ...... 70 1,300 1 91,000 88,203 1,250 87,500 Satellite TV Con- struction Permit ... 4 460 1 1,840 1,783 445 1,780 VHF Markets 1±10 .. 44 41,225 1 1,813,900 1,758,144 39,950 1,757,800 VHF Markets 11±25 54 34,325 1 1,853,550 1,796,575 33,275 1,796,850 VHF Markets 26±50 67 23,475 1 1,572,825 1,524,479 22,750 1,524,250 VHF Markets 51± 100 ...... 115 13,150 1 1,512,250 1,465,766 12,750 1,466,250 VHF Remaining Markets ...... 195 3,400 1 663,000 642,621 3,300 643,500 VHF Construction Permits ...... 19 2,775 1 52,725 51,104 2,700 51,300 UHF Markets 1±10 .. 70 15,550 1 1,088,500 1,055,041 15,075 1,055,250 UHF Markets 11±25 75 11,775 1 883,125 855,979 11,425 856,875 UHF Markets 26±50 102 7,300 1 744,600 721,712 7,075 721,650 UHF Markets 51± 100 ...... 148 4,350 1 643,800 624,011 4,225 625,300 UHF Remaining Markets ...... 163 1,175 1 191,525 185,638 1,150 187,450 UHF Construction Permits ...... 93 2,900 1 269,700 261,410 2,800 260,400 Auxiliaries ...... 22,500 12 1 270,000 261,701 12 261,701 International HF Broadcast ...... 5 520 1 2,600 2,520 505 2,525 LPTV/Translators/ Boosters ...... 2,710 290 1 785,900 761,743 280 758,800 CARS ...... 1,687 55 1 92,785 89,933 53 89,933 Cable Systems ...... 66,690,000 0.48 1 32,011,200 31,027,233 0.47 31,027,233 Interstate Telephone Service Providers 73,900,000,000 0.00121 1 89,419,000 86,670,419 0.00117 86,670,419 CMRS Mobile Serv- ices (Cellular/Pub- lic Mobile) ...... 82,000,000 0.32 1 26,240,000 25,433,429 0.31 25,433,429 CMRS Messaging Services ...... 38,900,000 0.04 1 1,556,000 1,508,171 0.04 1,508,171 MDS/MMDS/LMDS 3,036 285 1 865,260 838,663 275 834,900 International Bearer Circuits ...... 595,614 7 1 4,169,298 4,041,141 7 4,041,141 International Public Fixed ...... 3 410 1 1,230 1,192 395 1,185 Earth Stations ...... 2,679 180 1 482,220 467,397 175 468,825 Space Stations (Geostationary) .... 63.5 130,550 1 6,201,125 6,010,513 94,650 6,010,275 Space Stations (Non-geo- stationary) ...... 3 180,800 1 542,400 525,728 175,250 525,750

Total Estimated Revenue Col- lected ...... 191,644,821 185,754,000 ...... 185,753,420

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 19596 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules

ATTACHMENT C: CALCULATION OF REVENUE REQUIREMENTS AND PRO-RATA FEESÐContinued

Rounded Computed FY Pro-rated rev- new FY FY 2000 × FY 1999 × Payment Expected FY Fee category payment units fee years = 2000 revenue enue require- 2000 reg- 2000 revenue requirement ment 1 ulatory fee

Total Revenue Requirement ...... 185,754,000 185,754,000 ...... 185,754,000

Difference ...... 5,890,821 0 ...... (243) 10.969261778 factor applied.

ATTACHMENT D: FY 2000 SCHEDULE OF REGULATORY FEES [Proposed]

Annual regu- Fee category latory fee (U.S. $'s)

PLMRS (per license) (Exclusive Use) (47 CFR part 90) ...... 13 Microwave (per license) (47 CFR part 101) ...... 13 218±219 MHz (Formerly Interactive Video Data Service) (per license) (47 CFR part 95) ...... 13 Marine (Ship) (per station) (47 CFR part 80) ...... 7 Marine (Coast) (per license) (47 CFR part 80) ...... 7 General Mobile Radio Service (per license) (47 CFR part 95) ...... 7 PLMRS (Shared Use) (per license) (47 CFR part 90) ...... 7 Aviation (Aircraft) (per station) (47 CFR part 87) ...... 7 Aviation (Ground) (per license) (47 CFR part 87) ...... 7 Amateur Vanity Call Signs (per call sign) (47 CFR part 97) ...... 1.40 CMRS Mobile Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90) ...... 31 CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90) ...... 04 Multipoint Distribution Services (Includes MMDS & LMDS)(per call sign) (47 CFR parts 21 and 101) ...... 275 AM Radio Construction Permits ...... 250 FM Radio Construction Permits ...... 755 TV (47 CFR part 73) VHF Commercial: Markets 1±10 ...... 39,950 Markets 11±25 ...... 33,275 Markets 26±50 ...... 22,750 Markets 51±100 ...... 12,750 Remaining Markets ...... 3,300 Construction Permits ...... 2,700 TV (47 CFR part 73) UHF Commercial: Markets 1±10 ...... 15,075 Markets 11±25 ...... 11,425 Markets 26±50 ...... 7,075 Markets 51±100 ...... 4,225 Remaining Markets ...... 1,150 Construction Permits ...... 2,800 Satellite Television Stations (All Markets) ...... 1,250 Construction PermitsÐSatellite Television Stations ...... 445 Low Power TV, TV/FM Translators & Boosters (47 CFR part 74) ...... 280 Broadcast Auxiliary (47 CFR part 74) ...... 12 CARS (47 CFR part 78) ...... 53 Cable Television Systems (per subscriber) (47 CFR part 76) ...... 47 Interstate Telephone Service Providers (per revenue dollar) ...... 00117 Earth Stations (47 CFR part 25) ...... 175 Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes Direct Broadcast Satellite Service (per operational station) (47 CFR part 100) ...... 94,650 Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) ...... 175,250 International Bearer Circuits (per active 64KB circuit) ...... 7 International Public Fixed (per call sign) (47 CFR part 23) ...... 395 International (HF) Broadcast (47 CFR part 73) ...... 505

RADIO STATION REGULATORY FEES

FM classes A, FM classes B, Population served AM class A AM class B AM class C AM class D B1 & C3 C, C1 & C2

<20,000 ...... 400 300 200 250 300 400 20,001±50,000 ...... 800 625 300 425 625 800 50.001±125,000 ...... 1,325 850 425 650 850 1,325 125,001±400,000 ...... 1,950 1,350 625 775 1,350 1,950 400,001±1,000,000 ...... 2,725 2,200 1,200 1,450 2,200 2,725

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RADIO STATION REGULATORY FEESÐContinued

FM classes A, FM classes B, Population served AM class A AM class B AM class C AM class D B1 & C3 C, C1 & C2

>1,000,000 ...... 4,375 3,575 1,725 2,225 3,575 4,375

ATTACHMENT E: COMPARISON BETWEEN FY 1999 & FY 2000 PROPOSED REGULATORY FEES

Annual regu- NPRM pro- Annual regu- Fee category latory fee posed fee latory fee FY 1999 FY 2000 FY 2000

PLMRS (per license) (Exclusive Use) (47 CFR part 90) ...... 13 13 ...... Microwave (per license) (47 CFR part 101) ...... 13 13 ...... 218±219 MHz (Formerly Interactive Video Data Service) (per license) (47 CFR part 95) ...... 13 13 ...... Marine (Ship) (per station) (47 CFR part 80) ...... 7 7 ...... Marine (Coast) (per license) (47 CFR part 80) ...... 7 7 ...... General Mobile Radio Service (per license) (47 CFR part 95) ...... 7 7 ...... PLMRS (Shared Use) (47 CFR part 90) ...... 7 7 ...... Aviation (Aircraft) (per station) (47 CFR part 87) ...... 7 7 ...... Aviation (Ground) (per license) (47 CFR part 87) ...... 7 7 ...... Amateur Vanity Call Signs (per call sign) (47 CFR part 97) ...... 1.40 1.40 ...... CMRS Mobile Services (per unit) (47 CFR parts 20, 22, 24, 27, 80 and 90) ...... 32 .31 ...... CMRS Messaging Services (per unit) (47 CFR parts 20, 22, 24 and 90) ...... 04 .04 ...... Multipoint Distribution Services (Includes MMDS and LMDS)(per call sign) (47 CFR part 21 and 101) ...... 285 275 ...... AM Construction Permits ...... 260 250 ...... FM Construction Permits ...... 780 755 ...... TV (47 CFR part 73) VHF Commercial: Markets 1±10 ...... 41,225 39,950 ...... Markets 11±25 ...... 34,325 33,275 ...... Markets 26±50 ...... 23,475 22,750 ...... Markets 51±100 ...... 13,150 12,750 ...... Remaining Markets ...... 3,400 3,300 ...... Construction Permits ...... 2,775 2,700 ...... TV (47 CFR part 73) UHF Commercial: Markets 1±10 ...... 15,550 15,075 ...... Markets 11±25 ...... 11,775 11,425 ...... Markets 26±50 ...... 7,300 7,075 ...... Markets 51±100 ...... 4,350 4,225 ...... Remaining Markets ...... 1,175 1,150 ...... Construction Permits ...... 2,900 2,800 ...... Satellite Television Stations (All Markets) ...... 1,300 1,250 ...... Construction PermitsÐSatellite Television Stations ...... 460 445 ...... Low Power TV, TV/FM Translators & Boosters (47 CFR part 74) ...... 290 280 ...... Broadcast Auxiliary (47 CFR part 74) ...... 12 12 ...... CARS (47 CFR part 78) ...... 55 53 ...... Earth Stations (47 CFR part 25) ...... 180 175 ...... Cable Television Systems (per subscriber) (47 CFR part 76) ...... 48 .47 ...... Interstate Telephone Service Providers (per revenue dollar) ...... 00121 .00117 ...... Space Stations (per operational station in geostationary orbit) (47 CFR part 25) also includes Direct Broadcast Satellite Service (per operational station) (47 CFR part 100) ...... 130,550 94,650 ...... Space Stations (per operational system in non-geostationary orbit) (47 CFR part 25) ...... 180,800 175,250 ...... International Bearer Circuits (per active 64KB circuit) ...... 7 7 ...... International Public Fixed (per call sign) (47 CFR part 23) ...... 410 395 ...... International (HF) Broadcast (47 CFR part 73) ...... 520 505 ......

FY 1999 RADIO STATION REGULATORY FEES

FM classes A, FM classes B, Population served AM class A AM class B AM class C AM class D B1 & C3 C, C1 & C2

<20,000 ...... 430 325 225 275 325 430 20,001±50,000 ...... 825 650 325 450 650 825 50,001±125,000 ...... 1,350 875 450 675 875 1,350 125,001±400,000 ...... 2,000 1,400 675 825 1,400 2,000 400,001±1,000,000 ...... 2,750 2,250 1,250 1,500 2,250 2,750 >1,000,000 ...... 4,400 3,600 1,750 2,250 3,600 4,400

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 19598 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules

FY 2000 RADIO STATION REGULATORY FEES

FM classes A, FM classes B, Population served AM class A AM class B AM class C AM class D B1 & C3 C, C1 & C2

<20,000 ...... 400 300 200 250 300 400 20,001±50,000 ...... 800 625 300 425 625 800 50,001±125,000 ...... 1,325 850 425 650 850 1,325 125,001±400,000 ...... 1,950 1,350 625 775 1,350 1,950 400,001±1,000,000 ...... 2,725 2,200 1,200 1,450 2,200 2,725 >1,000,000 ...... 4,375 3,575 1,725 2,225 3,575 4,375

Attachment F: Detailed Guidance on descriptions of other particular service PMRS licensees will pay a $13 annual Who Must Pay Regulatory Fees categories. regulatory fee per license, payable for an entire five or ten year license term at the 1. Private Wireless Radio Services 1. The guidelines below provide an time of application for a new, renewal, explanation of regulatory fee categories 3. Two levels of statutory fees were or reinstatement license.168 The total established by the Schedule of established for the Private Wireless regulatory fee due is either $65 for a Regulatory Fees in section 9 (g) of the Radio Services—exclusive use services license with a five-year term or $130 for 164 Communications Act, as modified in and shared use services. Thus, licensees a license with a 10-year term. the instant NPRM. Where regulatory fee who generally receive a higher quality categories need interpretation or communication channel due to 5. Microwave Services: These services clarification, we have relied on the exclusive or lightly shared frequency include private and commercial legislative history of section 9, our own assignments will pay a higher fee than microwave systems and private and experience in establishing and those who share marginal quality commercial carrier systems authorized regulating the Schedule of Regulatory assignments. This dichotomy is under part 101 of the Commission’s Fees for Fiscal Years (FY) 1994, 1995, consistent with the directive of section Rules to provide telecommunications 1996, 1997, 1998 and 1999 and the 9, that the regulatory fees reflect the services between fixed points on a high services subject to the fee schedule. The benefits provided to the licensees.166 In quality channel of communications. categories and amounts set out in the addition, because of the generally small Microwave systems are often used to schedule have been modified to reflect amount of the fees assessed against relay data and to control railroad, changes in the number of payment Private Wireless Radio Service pipeline, and utility equipment. units, additions and changes in the licensees, applicants for new licenses Commercial systems typically are used services subject to the fee requirement and reinstatements and for renewal of for video or data transmission or and the benefits derived from the existing licenses are required to pay a distribution. For FY 2000, Microwave Commission’s regulatory activities, and regulatory fee covering the entire license licensees will pay a $13 annual to simplify the structure of the schedule. term, with only a percentage of all regulatory fee per license, payable for an The schedule may be similarly modified licensees paying a regulatory fee in any entire ten-year license term at the time or adjusted in future years to reflect one year. Applications for modification of application for a new, renewal, or changes in the Commission’s budget or assignment of existing authorizations reinstatement license. The total and in the services regulated by the do not require the payment of regulatory regulatory fee due is $130 for the ten- Commission.165 fees. The expiration date of those year license term. 2. Exemptions. Governments and authorizations will reflect only the 6. 218–219 MHz (Formerly Interactive nonprofit entities are exempt from unexpired term of the underlying Video Data Service (IVDS)): The 218– paying regulatory fees and should not license rather than a new license term. 219 MHz service is a two-way, point-to- submit payment. A nonprofit entity is a. Exclusive Use Services multi-point radio service allocated high required to have on file with the quality channels of communications 4. Private Land Mobile Radio Services and authorized under part 95 of the Commission an IRS Determination (PLMRS) (Exclusive Use): Regulatees in Letter documenting that it is exempt Commission’s Rules. The 218–219 MHz this category include those authorized service provides information, products, from taxes under section 501 of the under part 90 of the Commission’s Rules Internal Revenue Code or the and services, and also the capability to to provide limited access Wireless Radio obtain responses from subscribers in a certification of a governmental authority service that allows high quality voice or attesting to its nonprofit status. In specific service area. The 218–219 MHz digital communications between service is offered on a private carrier instances where the IRS Determination vehicles or to fixed stations to further Letter or the letter of certification from basis. The Commission does not the business activities of the licensee. anticipate receiving any applications in a governmental authority attesting to its These services, using the 220–222 MHz nonprofit status is not sufficiently the 218–219 MHz service during FY band and frequencies at 470 MHz and 2000. However, for FY 2000, we propose current, the nonprofit entity may be above, may be offered on a private asked to submit more current that the annual regulatory fee for 218– carrier basis in the Specialized Mobile 219 MHz licensees be set at $13 should documentation. The governmental Radio Services (SMRS). 167 For FY 2000, exemption applies even where the there be any applications submitted. The total regulatory fee due would be government-owned or community- 166 47 U.S.C. 159(b)(1)(A). $130 for the ten-year license term. owned facility is in competition with a 167 This category only applies to licensees of commercial operation. Other specific shared-use private 220–222 MHz and 470 MHz and exemptions are discussed below in the above in the Specialized Mobile Radio (SMR) 168 Although this fee category includes licenses service who have elected not to change to the with ten-year terms, the estimated volume of ten- Commercial Mobile Radio Service (CMRS). Those year license applications in FY 2000 is less than 164 47 U.S.C. 159(g) who have elected to change to the CMRS are one-tenth of one percent and, therefore, is 165 47 U.S.C. 159(b)(2), (3). referred to paragraph 14 of this Attachment. statistically insignificant.

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules 19599 b. Shared Use Services 10. Aviation (Aircraft) Service: These Commission’s Rules. Applicants for services include stations authorized to Amateur Vanity Call-Signs will 7. Marine (Ship) Service: This service provide communications between continue to pay a $1.40 annual is a shipboard radio service authorized aircraft and between aircraft and ground regulatory fee per call sign, as under part 80 of the Commission’s Rules stations and include frequencies used to prescribed in the FY 1999 fee schedule, to provide telecommunications between communicate with air traffic control payable for an entire ten-year license watercraft or between watercraft and facilities pursuant to part 87 of the term at the time of application for a shore-based stations. Radio installations Commission’s Rules. The vanity call sign until the FY 2000 fee are required by domestic and Telecommunications Act of 1996 gave schedule becomes effective. The total international law for large passenger or the Commission the authority to license regulatory fee due would be $14 per cargo vessels. Radio equipment may be certain aircraft radio stations by rule license for the ten-year license term.169 voluntarily installed on smaller vessels, rather than by individual license. The For FY 2000, Amateur Vanity Call Sign such as recreational boats. The commission exercises that authority. applicants will again pay a $1.40 annual Telecommunications Act of 1996 gave Thus, private aircraft operators flying regulatory fee per call sign, payable for the Commission the authority to license entirely within domestic U.S. airspace an entire ten-year term at the time of certain ship stations by rule rather than and who are not otherwise required by application for a new, renewal or by individual license. The Commission treaty or agreement to carry a radio are reinstatement license. The total exercises that authority. Thus, private no longer required to hold an aircraft regulatory fee due is $14 per call sign boat operators sailing entirely within license, and they will not be required to for the ten-year license term. domestic U.S. waters and who are not pay a regulatory fee. For FY 2000, d. Commercial Wireless Radio Services otherwise required by treaty or parties required to be licensed and those agreement to carry a radio, are no longer choosing to be licensed for Aviation 14. Commercial Mobile Radio required to hold a marine license, and (Aircraft) Stations will pay a $7 annual Services (CMRS) Mobile Services: The they will not be required to pay a regulatory fee per station, payable for Commercial Mobile Radio Service regulatory fee. For FY 2000, parties the entire ten-year license term at the (CMRS) is an ‘‘umbrella’’ descriptive required to be licensed and those time of application for a new, renewal, term attributed to various existing choosing to be licensed for Marine or reinstatement license. The total broadband services authorized to (Ship) Stations will pay a $7 annual regulatory fee due is $70 per station for provide interconnected mobile radio regulatory fee per station, payable for an the ten-year license term. services for profit to the public, or to entire ten-year license term at the time 11. Aviation (Ground) Service: This such classes of eligible users as to be of application for a new, renewal, or service includes stations authorized to effectively available to a substantial reinstatement license. The total provide ground-based communications portion of the public. CMRS Mobile regulatory fee due is $70 for the ten-year to aircraft for weather or landing Services include certain licensees which license term. information, or for logistical support formerly were licensed as part of the 8. Marine (Coast) Service: This service pursuant to part 87 of the Commission’s Private Radio Services (e.g., Specialized includes land-based stations in the Rules. Certain ground-based stations Mobile Radio Services) and others maritime services, authorized under which only serve itinerant traffic, i.e., formerly licensed as part of the part 80 of the Commission’s Rules, to possess no actual units on which to Common Carrier Radio Services (e.g., provide communications services to assess a fee, are exempt from payment Public Mobile Services and Cellular ships and other watercraft in coastal and of regulatory fees. For FY 2000, Radio Service). While specific rules inland waterways. For FY 2000, licensees of Aviation (Ground) Stations pertaining to each covered service licensees of Marine (Coast) Stations will will pay a $7 annual regulatory fee per remain in separate parts 22, 24, 27, 80 pay a $7 annual regulatory fee per call license, payable for the entire five-year and 90, general rules for CMRS are sign, payable for the entire five-year license term at the time of application contained in part 20. CMRS Mobile for a new, renewal, or reinstatement license term at the time of application Services will include: Specialized license. The total regulatory fee is $35 170 for a new, renewal, or reinstatement Mobile Radio Services (part 90); per call sign for the five-year license license. The total regulatory fee due is Broadband Personal Communications term. $35 per call sign for the five-year license Services (part 24), Public Coast Stations 12. General Mobile Radio Service term. (part 80); Public Mobile Radio (Cellular, (GMRS): These services include Land 800 MHz Air-Ground Radiotelephone, 9. Private Land Mobile Radio Services Mobile Radio licensees providing and Offshore Radio Services) (part 22); (PLMRS) (Shared Use): These services personal and limited business and Wireless Communications Service include Land Mobile Radio Services communications between vehicles or to (part 27). Each licensee in this group operating under parts 90 and 95 of the fixed stations for short-range, two-way will pay an annual regulatory fee for Commission’s Rules. Services in this communications pursuant to part 95 of each mobile or cellular unit (mobile or category provide one- or two-way the Commission’s Rules. For FY 2000, telephone number), assigned to its communications between vehicles, GMRS licensees will pay a $7 annual customers, including resellers of its persons or fixed stations on a shared regulatory fee per license, payable for an basis and include radiolocation services, entire five-year license term at the time 169 Section 9(h) exempts ‘‘amateur radio operator industrial radio services, and land of application for a new, renewal or licenses under part 97 of the Commission’s rules transportation radio services. For FY reinstatement license. The total (47 CFR part 97)’’ from the requirement. However, 2000, licensees of services in this section 9(g)’s fee schedule explicitly includes regulatory fee due is $35 per license for ‘‘Amateur vanity call signs’’ as a category subject to category will pay a $7 annual regulatory the five-year license term. the payment of a regulatory fee. fee per call sign, payable for an entire 170 This category does not include licensees of five-year license term at the time of c. Amateur Radio Vanity Call Signs private shared-use 220 MHz and 470 MHz and application for a new, renewal, or 13. Amateur Vanity Call Signs: This above in the Specialized Mobile Radio (SMR) service who have elected to remain non- reinstatement license. The total category covers voluntary requests for commercial. Those who have elected not to change regulatory fee due is $35 for the five- specific call signs in the Amateur Radio to the Commercial Mobile Radio Service (CMRS) year license term. Service authorized under part 97 of the are referred to paragraph 4 of this Attachment.

VerDate 202000 21:04 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm03 PsN: 11APP3 19600 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules services. For FY 2000, the regulatory fee its services. For FY 2000, the regulatory applicable regulatory fees for these is $.31 per unit. fee is $.04 per unit. units. 16. Finally, we are reiterating our 15. Commercial Mobile Radio 2. Mass Media Services Services (CMRS) Messaging Services: definition of CMRS payment units to make it clear that fees are assessable on The Commercial Mobile Radio Service 17. The regulatory fees for the Mass each PCS or cellular telephone and each (CMRS) is an ‘‘umbrella’’ descriptive Media fee category apply to broadcast one-way or two-way pager capable of term attributed to various existing licensees and permittees. receiving or transmitting information, narrowband services authorized to Noncommercial Educational whether or not the unit is ‘‘active’’ on Broadcasters are exempt from regulatory provide interconnected mobile radio the ‘‘as-of’’ date for payment of these fees. services for profit to the public, or to fees. The unit becomes ‘‘feeable’’ if the such classes of eligible users as to be end user or assignee of the unit has a. Commercial Radio effectively available to a substantial possession of the unit and the unit is portion of the public. CMRS Messaging capable of transmitting or receiving 18. These categories include licensed Services include certain licensees which voice or non-voice messages or data and Commercial AM (Classes A, B, C, and D) formerly were licensed as part of the the unit is either owned and operated by and FM (Classes A, B, B1, C, C1, C2, and Private Radio Services (e.g., Private the licensee of the CMRS system or a C3) Radio Stations operating under part Paging and Radiotelephone Service), reseller, or the end user of a unit has a 73 of the Commission’s Rules.171 We licensees formerly licensed as part of contractual agreement for the provision have combined class of station and city the Common Carrier Radio Services of a CMRS service from a licensee of a grade contour population data to (e.g., Public Mobile One-Way Paging), CMRS system or a reseller of a CMRS formulate a schedule of radio fees which licensees of Narrowband Personal service. The responsible payer of the differentiate between stations based on Communications Service (PCS) (e.g., regulatory fee is the CMRS licensee. For class of station and population served. one-way and two-way paging), and 220– example, John Doe purchases a pager In general, higher class stations and 222 MHz Band and Interconnected and contractually obtains paging stations in metropolitan areas will pay Business Radio Service. While specific services from Paging Licensee X. Paging higher fees than lower class stations and rules pertaining to each covered service Licensee X is responsible for paying the stations located in rural areas. The remain in separate parts 22, 24 and 90, applicable regulatory fee for this unit. specific fee that a station must pay is general rules for CMRS are contained in Likewise, Cellular Licensee Y donates determined by where it ranks after part 20. Each licensee in the CMRS cellular phones to a high school and the weighting its fee requirement Messaging Services will pay an annual high school either pays for or obtains (determined by class of station) with its regulatory fee for each unit (pager, free cellular service from Cellular population. The regulatory fee telephone number, or mobile) assigned Licensee Y. In this situation, Cellular classifications for Radio Stations for FY to its customers, including resellers of Licensee Y is responsible for paying the 2000 are as follows:

FY 2000 RADIO STATION REGULATORY FEES

FM classes A, FM classes B, Population served AM class A AM class B AM class C AM class D B1 & C3 C, C1 & C2

<20,000 ...... 400 300 200 250 300 400 20,001±50,000 ...... 800 625 300 425 625 800 50,001±125,000 ...... 1,325 850 425 650 850 1,325 125,001±400,000 ...... 1,950 1,350 625 775 1,350 1,950 400,001±1,000,000 ...... 2,725 2,200 1,200 1,450 2,200 2,725 >1,000,000 ...... 4,375 3,575 1,725 2,225 3,575 4,375

19. Licensees may determine the b. Construction Permits—Commercial will pay a fee of $755 for each permit appropriate fee payment by referring to AM Radio held. Upon issuance of an operating a list which will be provided as an 20. This category includes holders of license, this fee would no longer be attachment to the final Report and permits to construct new Commercial applicable. Instead, licensees would pay Order in this proceeding. This same AM Stations. For FY 2000, permittees a regulatory fee based upon the information will be available on the will pay a fee of $250 for each permit designated group within which the FCC’s internet world wide web site held. Upon issuance of an operating station appears. (http://www.fcc.gov) by calling the license, this fee would no longer be d. Commercial Television Stations FCC’s National Call Center (1–888–225– applicable and licensees would be 5322), and may be included in the required to pay the applicable fee for the 22. This category includes licensed Public Notices mailed to each licensee designated group within which the Commercial VHF and UHF Television for which we have a current address on station appears. Stations covered under part 73 of the file (Note: Non-receipt of a Public Commission’s Rules, except commonly c. Construction Permits—Commercial owned Television Satellite Stations, Notice does not relieve a licensee of its FM Radio obligation to submit its regulatory fee addressed separately below. Markets are This category includes holders of Nielsen Designated Market Areas (DMA) payment). permits to construct new Commercial as listed in the Television&Cable FM Stations. For FY 2000, permittees Factbook, Stations Volume No. 68, 2000

171 The Commission acknowledges that certain would be expected if the station were located on the interference protection associated with the higher stations operating in Puerto Rico and Guam have mainland. Although this results in a higher station class is necessary and justifies the fee. been assigned a higher level station class than regulatory fee, we believe that the increased

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Edition, Warren Publishing, Inc. The under part 74 of the Commission’s Rules and data distribution within the United fees for each category of station are as with a transmitter power output limited States. For FY 2000, MDS, LMDS, and follows: to 1 kW for a UHF facility and, MMDS stations will pay an annual VHF Markets 1–10—$39,950 generally, 0.01 kW for a VHF facility. regulatory fee of $275 per call sign. VHF Markets 11–25—33,275 Low Power Television (LPTV) stations VHF Markets 26–50—22,750 may retransmit the programs and signals 3. Cable Services VHF Markets 51–100—12,750 of a TV Broadcast Station, originate a. Cable Television Systems VHF Remaining Markets—3,300 programming, and/or operate as a UHF Markets 1–10—$15,075 subscription service. This category also 30. This category includes operators UHF Markets 11–25—11,425 includes translators and boosters of Cable Television Systems, providing UHF Markets 26–50—7,075 operating under part 74 which or distributing programming or other UHF Markets 51–100—4,225 rebroadcast the signals of full service UHF Remaining Markets—1,150 services to subscribers under part 76 of stations on a frequency different from the Commission’s Rules. For FY 2000, e. Commercial Television Satellite the parent station (translators) or on the Cable Systems will pay a regulatory fee Stations same frequency (boosters). The stations of $.47 per subscriber.172 Payments for 23. Commonly owned Television in this category are secondary to full Cable Systems are to be made on a per service stations in terms of frequency Satellite Stations in any market subscriber basis as of December 31, priority. We have also received requests (authorized pursuant to Note 5 of 1999. Cable Systems should determine § 73.3555 of the Commission’s Rules) for waivers of the regulatory fees from operators of community based their subscriber numbers by calculating that retransmit programming of the the number of single family dwellings, primary station are assessed a fee of Translators. These Translators are generally not affiliated with commercial the number of individual households in $1,250 annually. Those stations multiple dwelling units, e.g., designated as Television Satellite broadcasters, are nonprofit, apartments, condominiums, mobile Stations in the 2000 Edition of the nonprofitable, or only marginally home parks, etc., paying at the basic Television and Cable Factbook are profitable, serve small rural subject to the fee applicable to communities, and are supported subscriber rate, the number of bulk rate Television Satellite Stations. All other financially by the residents of the customers and the number of courtesy television licensees are subject to the communities served. We are aware of or fee customers. In order to determine regulatory fee payment required for the difficulties these Translators have in the number of bulk rate subscribers, a their class of station and market. paying even minimal regulatory fees, system should divide its bulk rate and we have addressed those concerns charge by the annual subscription rate f. Construction Permits—Commercial in the ruling on reconsideration of the for individual households. See FY 1994 VHF Television Stations FY 1994 Report and Order. Community Report and Order, Appendix B at 24. This category includes holders of based Translators are exempt from paragraph 31. permits to construct new Commercial regulatory fees. For FY 2000, licensees VHF Television Stations. For FY 2000, in low power television, FM translator b. Cable Antenna Relay Service VHF permittees will pay an annual and booster, and TV translator and booster category will pay a regulatory 31. This category includes Cable regulatory fee of $2,700. Upon issuance Antenna Relay Service (CARS) stations of an operating license, this fee would fee of $280 for each license held. used to transmit television and related no longer be applicable. Instead, j. Broadcast Auxiliary Stations audio signals, signals of AM and FM licensees would pay a fee based upon Broadcast Stations, and cablecasting the designated market of the station. 28. This category includes licensees of remote pickup stations (either base or from the point of reception to a terminal g. Construction Permits—Commercial mobile) and associated accessory point from where the signals are UHF Television Stations equipment authorized pursuant to a distributed to the public by a Cable 25. This category includes holders of single license, Aural Broadcast Television System. For FY 2000, permits to construct new UHF Auxiliary Stations (Studio Transmitter licensees will pay an annual regulatory Television Stations. For FY 2000, UHF Link and Inter-City Relay) and fee of $53 per CARS license. Television permittees will pay an Television Broadcast Auxiliary Stations 4. Common Carrier Services annual regulatory fee of $2,800. Upon (TV Pickup, TV Studio Transmitter issuance of an operating license, this fee Link, TV Relay) authorized under part a. Commercial Microwave (Domestic would no longer be applicable. Instead, 74 of the Commission’s Rules. Auxiliary Public Fixed Radio Service) licensees would pay a fee based upon Stations are generally associated with a the designated market of the station. particular television or radio broadcast 32. This category includes licensees station or cable television system. This in the Point-to-Point Microwave Radio h. Construction Permits—Satellite category does not include translators Service, Local Television Transmission Television Stations and boosters (see paragraph 26 infra). Radio Service, and Digital Electronic 26. The fee for UHF and VHF For FY 2000, licensees of Commercial Message Service, authorized under part Television Satellite Station construction Auxiliary Stations will pay a $12 annual 101 of the Commission’s Rules to use permits for FY 2000 is $445. An regulatory fee on a per call sign basis. microwave frequencies for video and individual regulatory fee payment is to k. Multipoint Distribution Service data distribution within the United be made for each Television Satellite States. These services are now included 29. This category includes Multipoint Station construction permit held. in the Microwave category (see Distribution Service (MDS), Local paragraph 5 infra). i. Low Power Television, FM Translator Multipoint Distribution (LMDS), and and Booster Stations, TV Translator and Multichannel Multipoint Distribution Booster Stations 172 Cable systems are to pay their regulatory fees Service (MMDS), authorized under parts on a per subscriber basis rather than per 1,000 27. This category includes Low Power 21 and 101 of the Commission’s Rules subscribers as set forth in the statutory fee schedule. UHF/VHF Television stations operating to use microwave frequencies for video See FY 1994 Report and Order at paragraph 100.

VerDate 202000 19:45 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\11APP3.SGM pfrm02 PsN: 11APP3 19602 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Proposed Rules b. Interstate Telephone Service fixed local or toll services (Cellular, end-user revenues, local service and toll Providers Personal Communications Service, and service, based on the methodology used 33. This category includes all Specialized Mobile Radio), local for calculating contributions to the providers of local and telephone resellers, OSPs (operator service Universal Service support services to end users. Covered services providers that enable customers to make mechanisms.173 Interstate telephone include the interstate and international away from home calls and to place calls service providers do not pay the portion of wireline and fixed wireless with alternative billing arrangements), Common Carrier regulatory fee on local exchange service, local and long payphone service providers, pre-paid revenue from the provision of intrastate distance private line services for both card, private service providers, satellite local and toll services, wireless monthly voice and data, dedicated and network carriers that provide fixed local or and local message services, satellite toll packet and packet-like services, long message toll services, shared tenant services, carrier’s carrier distance message telephone services, service providers, toll resellers, and telecommunications services, customer and other local and toll services. other local and other service providers. premises equipment, Internet service Providers of such services are referred to In order to avoid imposing any double and non-telecommunications services. herein as ‘‘interstate telephone service payment burden on resellers, we base For FY 2000, carriers must multiply providers’’. the regulatory fee on end-user revenues. their interstate and international Interstate service providers include Accordingly, interstate telephone revenue from subject local and toll CAP/CLECs, incumbent local exchange service providers, including resellers, services by the factor 0.00117 to carriers (local telephone operating must submit fee payments based upon determine the appropriate fee for this companies), Interexchange carriers (long their proportionate share of interstate category of service. Regulatees may distance telephone companies), wireless and international end-user revenues for want to use the following worksheet to telephone service carriers that provide local and toll services. We use the terms determine their fee payment:

CALENDAR 1999 REVENUE INFORMATION [Show amounts in whole dollars]

1 ...... Service provided by U.S. carriers that both originates and terminates in foreign points. Form 499±A ...... Line 412(e). 2 ...... Interstate end-user revenue from all telecommunications services. Form 499±A Line 420(d) ...... 3 ...... International end-user revenue from all telecommunications services exception international-to-inter- ...... national. Form 499±A Line 420(e). 4 ...... Total interstate and international end-user revenues (Sum of Lines 1, 2 and 3) ...... 5 ...... End user interstate mobile service monthly and activation charges. Form 499±A Line 409(d) ...... 6 ...... End user international mobile service monthly and activation charges. Form 499±A Line 409(e) ...... 7 ...... End user interstate mobile service message charges including roaming charges but excluding toll ...... charges. Form 499±A Line 410(d). 8 ...... End user international mobile service message charges including roaming charges but excluding toll ...... charges. Form 499±A Line 410(e). 9 ...... End user interstate satellite service. Form 499±A Line 416(d) ...... 10 ...... End user international satellite service. Form 499±A Line 416(e) ...... 11 ...... Total end user interstate and international mobile and satellite service revenue. (Sum lines 5 ...... through 10). 12 ...... Total end-user interstate and international revenues from local and subject toll services (Line 4 ...... minus Line 11). 13 ...... Common carrier fee factor ...... 00117 14 ...... 2000 Regulatory Fee (Line 12 times Line 13) 1 ...... 1 You are exempt from filing if the amount on line 14 is less than $10.

5. International Services Stations and C-Band Equivalent Earth registered under part 25 of the a. Earth Stations Stations are authorized pursuant to part Commission’s Rules, are operated by 25 of the Commission’s Rules. Mobile private and public carriers to provide 34. Very Small Aperture Terminal Satellite Earth Stations, operating telephone, television, data, and other (VSAT) Earth Stations, equivalent C- pursuant to part 25 of the Commission’s forms of communications. Included in Band Earth Stations and antennas, and Rules under blanket licenses for mobile this category are telemetry, tracking and earth station systems comprised of very antennas (transceivers), are smaller than control (TT&C) earth stations, and earth small aperture terminals operate in the one meter and provide voice or data station uplinks. For FY 2000, licensees 12 and 14 GHz bands and provide a communications, including position of VSATs, Mobile Satellite Earth variety of communications services to other stations in the network. VSAT location information for mobile Stations, and Fixed-Satellite Transmit/ systems consist of a network of platforms such as cars, buses, or Receive and Transmit-Only Earth 174 technically-identical small Fixed- trucks. Fixed-Satellite Transmit/ Stations will pay a fee of $175 per Satellite Earth Stations which often Receive and Transmit-Only Earth authorization or registration as well as include a larger hub station. VSAT Earth Station antennas, authorized or

173 See 1998 Biennial Regulatory Review— Mechanisms, Report and Order, FCC 99–175, CC or vehicle is in motion. In contrast, transportable Streamlined Contributor Reporting Requirements Docket No. 98–171 (rel. July 14, 1999), 64 FR 41320 units are moved to a fixed location and operate in Associated with Administration of (Jul. 30, 1999) (Contributor Reporting Requirements a stationary (fixed) mode. Both are assessed the Telecommunications Relay Services, North Order). same regulatory fee for FY 2000. American Numbering Plan, Local Number 174 Mobile earth stations are hand-held or vehicle- Portability, and Universal Service Support based units capable of operation while the operator

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International Public Fixed are domestic and international satellites Systems (such as LEOs) are assessed a positioned in orbit to remain regulatory fee upon the commencement of 39. This fee category includes approximately fixed relative to the operation of a system’s first satellite as common carriers authorized under part earth. Most are authorized under part 25 reported annually pursuant to §§ 25.142(c), 23 of the Commission’s Rules to provide of the Commission’s Rules to provide 25.143(e), 25.145(g), or upon certification of radio communications between the communications between satellites and operation of a single satellite pursuant to United States and a foreign point via earth stations on a common carrier and/ § 25.120(d). microwave or HF troposcatter systems, other than satellites and satellite earth or private carrier basis. In addition, this d. International Bearer Circuits category includes Direct Broadcast stations, but not including service Satellite (DBS) Service which includes 38. Regulatory fees for International between the United States and Mexico space stations authorized under part 100 Bearer Circuits are to be paid by and the United States and Canada using of the Commission’s rules to transmit or facilities-based common carriers (either frequencies above 72 MHz. For FY 2000, re-transmit signals for direct reception domestic or international) activating the International Public Fixed Radio Service by the general public encompassing circuit in any transmission facility for licensees will pay a $395 annual both individual and community the provision of service to an end user regulatory fee per call sign. reception. For FY 2000, entities or resale carrier. Payment of the fee for f. International (HF) Broadcast authorized to operate geostationary bearer circuits by non-common carrier space stations (including DBS satellites) 40. This category covers International submarine cable operators is required will be assessed an annual regulatory Broadcast Stations licensed under part for circuits sold on an indefeasible right fee of $94,650 per operational station in 73 of the Commission’s Rules to operate orbit. Payment is required for any of use (IRU) basis or leased to any on frequencies in the 5,950 kHz to geostationary satellite that has been customer, including themselves or their 26,100 kHz range to provide service to launched and tested and is authorized affiliates, other than an international the general public in foreign countries. to provide service. common carrier authorized by the For FY 2000, International HF Broadcast Commission to provide U.S. Stations will pay an annual regulatory c. Space Stations (Non-Geostationary international common carrier services. fee of $505 per station license. Orbit) Compare FY 1994 Report and Order at Attachment G: Description of FCC 37. Non-Geostationary Orbit Systems 5367. Payment of the international Activities (such as Low Earth Orbit (LEO) bearer circuit fee is also required by Systems) are space stations that orbit the non-common carrier satellite operators Authorization of Service: The earth in non-geosynchronous orbit. for circuits sold or leased to any authorization or licensing of radio They are authorized under part 25 of the customer, including themselves or their stations, telecommunications Commission’s rules to provide affiliates, other than an international equipment, and radio operators, as well communications between satellites and common carrier authorized by the as the authorization of common carrier earth stations on a common carrier and/ Commission to provide U.S. and other services and facilities. or private carrier basis. For FY 2000, international common carrier services. Includes policy direction, program entities authorized to operate Non- The fee is based upon active 64 kbps development, legal services, and executive direction, as well as support Geostationary Orbit Systems (NGSOs) circuits, or equivalent circuits. Under services associated with authorization will be assessed an annual regulatory this formulation, 64 kbps circuits or activities.175 fee of $175,250 per operational system their equivalent will be assessed a fee. in orbit. Payment is required for any Policy and Rulemaking: Formal Equivalent circuits include the 64 kbps NGSO System that has one or more inquiries, rulemaking proceedings to circuit equivalent of larger bit stream operational satellites operational. In our establish or amend the Commission’s circuits. For example, the 64 kbps FY 1997 Report and Order at paragraph rules and regulations, action on circuit equivalent of a 2.048 Mbps 75 we retained our requirement that petitions for rulemaking, and requests licensees of LEOs pay the LEO circuit is 30 64 kbps circuits. Analog for rule interpretations or waivers; regulatory fee upon their certification of circuits such as 3 and 4 kHz circuits economic studies and analyses; operation of a single satellite pursuant used for international service are also spectrum planning, modeling, to section 25.120(d). We require included as 64 kbps circuits. However, propagation-interference analyses, and payment of this fee following circuits derived from 64 kbps circuits by allocation; and development of commencement of operations of a the use of digital circuit multiplication equipment standards. Includes policy system’s first satellite to insure that we systems are not equivalent 64 kbps direction, program development, legal recover our regulatory costs related to circuits. Such circuits are not subject to services, and executive direction, as LEO systems from licensees of these fees. Only the 64 kbps circuit from well as support services associated with systems as early as possible so that other which they have been derived will be policy and rulemaking activities. regulatees are not burdened with these subject to payment of a fee. For FY costs any longer than necessary. 2000, the regulatory fee is $7 for each 175 Although Authorization of Service is active 64 kbps circuit or equivalent. For described in this exhibit, it is not one of the Because section 25.120(d) has activities included as a feeable activity for significant implications beyond analog television channels we will regulatory fee purposes pursuant to section 9(a)(1) regulatory fees (such as whether the assess fees as follows: of the Act. 47 U.S.C. 159(a)(1).

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Enforcement: Enforcement of the Attachment H: Factors, Measurements blocks represents the total population Commission’s rules, regulations and and Calculations That Go Into for the predicted city grade coverage authorizations, including investigations, Determining Station Signal Contours area. and Associated Population Coverages inspections, compliance monitoring, FM Stations and sanctions of all types. Also includes AM Stations the receipt and disposition of formal The maximum of the horizontal and Specific information on each day and informal complaints regarding vertical HAAT (m) and ERP (kW) was tower, including field ratio, phasing, common carrier rates and services, the used. Where the antenna HAMSL was spacing and orientation was retrieved, available, it was used in lieu of the review and acceptance/rejection of as well as the theoretical pattern RMS overall HAAT figure to calculate carrier tariffs, and the review, figure (mV/m @ 1 km) for the antenna prescription and audit of carrier system. The standard, or modified specific HAAT figures for each of 72 accounting practices. Includes policy standard if pertinent, horizontal plane radials under study. Any available direction, program development, legal radiation pattern was calculated using directional pattern information was services, and executive direction, as techniques and methods specified in applied as well, to produce a radial- well as support services associated with sections 73.150 and 73.152 of the specific ERP figure. The HAAT and ERP enforcement activities. Commission’s rules.176 Radiation values figures were used in conjunction with the propagation curves specified in Public Information Services: The were calculated for each of 72 radials around the transmitter site (every 5 section 73.313 of the Commission’s publication and dissemination of rules to predict the distance to the city Commission decisions and actions, and degrees of azimuth). Next, estimated soil conductivity data was retrieved from a grade (70 dBuV/m or 3.17 mV/m) related activities; public reference and 177 database representing the information in contour for each of the 72 radials. library services; the duplication and FCC Figure M3. Using the calculated The resulting distance to city grade dissemination of Commission records horizontal radiation values, and the contours were used to form a and databases; the receipt and retrieved soil conductivity data, the geographical polygon. Population disposition of public inquiries; distance to the city grade (5 mV/m) counting was accomplished by consumer, small business, and public contour was predicted for each of the 72 determining which 1990 block centroids assistance; and public affairs and media radials. The resulting distance to city were contained in the polygon. The sum relations. Includes policy direction, grade contours were used to form a of the population figures for all enclosed program development, legal services, geographical polygon. Population blocks represents the total population and executive direction, as well as counting was accomplished by for the predicted city grade coverage support services associated with public determining which 1990 block centroids area. information activities. were contained in the polygon. The sum [FR Doc. 00–8846 Filed 4–10–00; 8:45 am] of the population figures for all enclosed BILLING CODE 6712±01±P

176 47 U.S.C. 73.150 and 73.152. 177 47 U.S.C. 73.313.

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Part VI

Department of Education 34 CFR Parts 75 and 611 Teacher Quality Enhancement Grants Program; Final Rule and Notice

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DEPARTMENT OF EDUCATION programs: (1) The State Grants Program, greater use of technology in the teacher which is designed to help States education programs; 34 CFR Parts 75 and 611 promote a broad array of improvements • Use of new strategies to attract, in teacher licensure, certification, prepare, support, and retain highly Teacher Quality Enhancement Grants preparation, and recruitment; (2) the competent teachers in high-poverty Program Partnership Grants for Improving urban and rural areas; • AGENCY: Office of Postsecondary Teacher Preparation Program, which is Redesign and improvement of Education, Department of Education designed to have schools of education, existing teacher professional development programs to improve the ACTION: Final regulations. schools of arts and sciences, high-need local educational agencies (LEAs), and content knowledge, technology skills, SUMMARY: The Assistant Secretary for others work together to ensure that new and teaching skills of practicing Postsecondary Education issues teachers have the content knowledge teachers; • regulations for the three grant programs and skills their students need of them Improved accountability for high- included in the Teacher Quality when they enter the classroom; and (3) quality teaching through performance- Enhancement Grants Program, sections the Teacher Recruitment Grants based compensation and the 202–204 of the Higher Education Act of Program, which is designed to help expeditious removal of incompetent or 1965, as amended (HEA). These schools and school districts with severe unqualified teachers while ensuring due teacher shortages to secure the high- process; and regulations contain selection criteria • that will be used to select applicants for quality teachers that they need. Efforts to address the problem of awards under the State Program, Together, these programs are designed social promotion and to prepare Partnership Program, and Teacher to increase student achievement by teachers to deal with the issues raised Recruitment Program. These regulations supporting comprehensive approaches by ending social promotion. also contain certain other requirements to improving teacher quality. Partnership Grants for Improving that would apply to the programs. State Grants Program (State Program) Teacher Education (Partnership DATES: These regulations are effective Program) May 11, 2000. The State Grants Program offers a unique opportunity to support far- The purpose of the Partnership FOR FURTHER INFORMATION CONTACT: reaching efforts to redesign teacher Program is to improve student learning Kathy Price, Higher Education education. Through the policy by bringing about fundamental change Programs, Office of Postsecondary leadership of Governors, State and improvement in traditional teacher Education, Office of Policy, Planning, legislatures, and other important education programs. Through multi-year and Innovation, 1990 K Street, NW, partners, the program can assure the awards to a limited number of highly- Washington, D.C. 20006–8525: statewide support so essential to committed partnerships, the Partnership Telephone: (202) 502–7775. Inquiries bringing about the important policy Program is intended to ensure that new also may be sent by e-mail to: Kathy— changes needed in teacher recruitment, teachers have the content knowledge [email protected] or by FAX to: (202) 502– preparation, licensing and certification, and teaching skills they need when they 7775. If you use a telecommunications and retention. States are in the position enter the classroom. Section 203(a) and device for the deaf (TDD), you may call to increase the expectations for newly (b) of the HEA provides that the Federal Information Relay Service state-certified and licensed teachers as partnerships eligible for awards must (FIRS) at 1–800–877–8339. well as test for and reward high-quality comprise, at a minimum, a partnership Individuals with disabilities may institution, a school of arts and science, obtain this document in an alternate teaching. Under the program, each State may and a high-need LEA as the law defines format (e.g., Braille, large print, these terms. Partnerships also may audiotape, or computer diskette) on develop a program application that focuses on activities it chooses to include other entities that can request to the contact person listed in contribute expertise, resources or both the preceding paragraph. conduct in one or more areas that are key to improving the quality of new to the teacher preparation project. A key SUPPLEMENTARY INFORMATION: teachers. In this regard, areas in which aspect of the program is the active Background a State may propose to focus include: participation of all members of the partnership in the design and On October 8, 1998, the President Teacher licensure, certification, and implementation of project activities. signed into law the Higher Education preparation policies and practices, By law, successful applicants must Amendments of 1998 (Pub. L. 105–244). including rigorous alternative routes to propose to implement certain activities: This law addresses the Nation’s need to certification; • The reform of teacher preparation ensure that new teachers enter the • Reforms that hold institutions of programs so that these programs become classroom prepared to teach all students higher education (IHE) with teacher accountable for producing teachers who to high standards by authorizing, as preparation programs accountable for are highly competent in the academic Title II of the Higher Education Act preparing teachers who are highly content areas in which they plan to (HEA), the Teacher Quality competent in academic content areas teach; Enhancement Grants for States and and possess strong teaching skills; • The provision of high quality and Partnerships (Teacher Quality • Wholesale redesign of teacher sustained pre-service clinical Programs). The new Teacher Quality preparation programs, in collaboration experiences and mentoring for new Enhancement Grants Program provides with the schools of arts and sciences, in teachers, together with a substantial an historic opportunity to effect positive ways that promote stronger academic increase in the interaction between change in the recruitment, preparation, content and subject-matter knowledge of teachers, principals, and higher licensing, and on-going support of students in those programs; education faculty; and teachers in America. • Improved linkages between IHEs • The creation of opportunities for The new Teacher Quality and K–12 schools, with more time spent enhanced and ongoing professional Enhancement Grants Program consists by college faculty and teacher education development that improves the of three different competitive grant students in K–12 classrooms, and academic content knowledge of teachers

VerDate 202000 19:48 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11APR2.SGM pfrm02 PsN: 11APR2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations 19607 in fields in which they are or will be Recruitment Program. For both States IHE and nonprofit organizations in their certified to teach. and partnerships, effective relationships use of Teacher Quality Program funds. Beyond these minimum requirements, and partnerships among all those who • The requirement that recipients of the Partnership Program supports will implement project activities are State Program grants provide for each activities that propose to educate keys to effective Teacher Recruitment year of their grant, from non-federal teachers in ways that reflect up-to-date Program activities. In particular, out of sources, an amount equal to 50 percent knowledge from research and effective these partnerships and relationships of the State Program grant award to practice, and embody high teaching will come (1) the recruitment strategies carry out the activities supported by the standards. These activities include the that are so vital to meeting the severe grant. preparation of teachers to work with teaching needs of the high-need LEAs, As noted in the section of this diverse student populations so that all (2) the kind of teacher preparation preamble entitled ‘‘Analysis of students they will teach can achieve to programs, which are built around Comments and Changes,’’ these final high State and local content and effective support from both schools of regulations correct a few errors performance standards, and education and schools of arts and contained in the NPRM, such as the implementation of instructional science and other areas of the IHE, that proposed requirement that applicants programs whose effectiveness has been recruited individuals will need in order for Partnership or Teacher Recruitment demonstrated through research. to be effective teachers to the diverse Program grant awards submit a detailed The Partnership Program also seeks student populations in those LEAs, and workplan with their pre-applications to— (3) the support services these rather than, as intended, with their full • Offer alternative routes into individuals will need once they begin to program applications. Otherwise, while teaching to individuals who may have teach. these regulations in a few places clarify had careers in other professions, in the The Teacher Recruitment Program language that had been proposed, there military or in other fields, and to also anticipates that projects will are no differences between the final educational paraprofessionals; provide prospective teachers with high- regulations and those proposed in the • Prepare teachers to successfully quality teacher preparation and February 11, 2000 NPRM. integrate technology into teaching and induction programs that— In addition, these regulations include learning; • Set high standards for teaching; two technical changes for which public • Require prospective teachers to • Reflect the best research and comment is not necessary. First, these participate in intensive, structured, and practice known across the country; and regulations correct an error made in the clinically-based experiences with • Prepare teachers to use technology final regulations governing scholarships master teachers; in their classrooms. provided with Teacher Quality Program • Offer continuous assistance to Finally, all three of the Teacher funds, which were published in the graduates during their initial years in Quality Enhancement Grant Programs Federal Register on January 12, 2000 the classroom; and anticipate that when program funding (65 FR 1780–1787). As published, • Prepare school principals, ceases, the work that States and § 611.43(d) requires grantees offering a superintendents, and other school partnerships have begun will be scholarship to ensure that the administrators to employ strong sustained. Therefore, the ability and scholarship agreement the recipient management and leadership skills that willingness of grantees to sustain executes includes the current rate of can help increase student achievement. activities after the end of the project are interest, as provided by the Department. key determinants of success. Section This provision was not included in the Teacher Recruitment Grants Program 205(a)(2) of Title II permits an eligible proposed regulations to govern the (Teacher Recruitment Program) state or eligible partnership to receive scholarships published on November 5, The Teacher Recruitment Program is only one grant award under each of the 1999 at 64 FR 60632–60646, but was designed to address the challenge of State, Partnership, and Teacher added to the final regulations to clarify America’s teacher shortage by making Recruitment Programs. the grantees’ responsibility to add the significant and lasting systemic changes On February 11, 2000, the Secretary applicable interest rate annually to the to the ways that teachers are recruited, published a notice of proposed approved scholarship agreements. We prepared, and supported as new rulemaking (NPRM) for this part in the added this provision to establish the teachers in high-need schools. The Federal Register (65 FR 6936–6946). In interest rate that would apply to any Teacher Recruitment Program supports the preamble to the NPRM, the scholarship funds received under that projects that use funds to— Secretary discussed on pages 6938 agreement in the event the scholarship • Award scholarships to help through 6940 the content of proposed recipient failed to meet the service students pay the costs of tuition, room, regulations for these programs. The obligation and instead had to repay the board, and other expenses of completing major issues addressed by the NPRM scholarship. a teacher training program; included— However, the terms of the scholarship • Provide support services, if needed, • The content of selection criteria for agreement provide that the recipient is to enable scholarship recipients to grant competitions conducted under the not liable for repayment of the complete postsecondary education three Teacher Quality Programs; scholarship until the Department first programs; and • The use of a pre-application process has determined that he or she has not • Provide for follow-up services to to determine which applicants should fulfilled the service obligation. former scholarship recipients during be invited to submit full applications Therefore, in accordance with 31 U.S.C. their first three years of teaching. under the Partnership Program and 3717, the rate of interest that should Alternatively, funds may be used to Teacher Recruitment Program; apply to the amount of scholarship that develop and implement effective • The elements of a workplan that all a recipient must repay for failure to mechanisms to ensure that high-need applicants for any of the three Teacher meet the service obligation is the rate in LEAs and schools are able to effectively Quality Programs would be required to effect when the indebtedness is recruit highly qualified teachers. submit with their full applications; established, not the rate in effect when Both States and eligible partnerships • The applicability of a maximum the recipient received the scholarship. may receive awards under the Teacher eight-percent indirect cost rate for all Section 611.43(d) has been amended to

VerDate 202000 19:48 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\11APR2.SGM pfrm02 PsN: 11APR2 19608 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations reflect this change by deleting the the tie-breaking measure for Changes: The final regulations for this additional provision added to the final applications with the most impact on part have been revised accordingly. regulations. Scholarship recipients who the nation’s Empowerment Zones and Goals 2000: Educate America Act have executed scholarship agreements Enterprise Communities § 611.2), with a stated rate of interest prior to the specifically whether we would use The Goals 2000: Educate America Act effective date of these regulations will factors such as the number of affected (Goals 2000) focuses the Nation’s be given a choice of— Empowerment Zones and Enterprise education reform efforts on the eight • Retaining this rate of interest for the Communities, or the number of teachers National Education Goals and provides portion of their scholarship they have whom a proposed project would recruit a framework for meeting them. Goals received prior to the effective date of to teach in their schools. The 2000 promotes new partnerships to these regulations; or commenter also asked that we clarify strengthen schools and expands the • Having the interest rate in effect if how the competitive preference for the Department’s capacities for helping and when the recipient fails to meet the State Grants Program (§ 611.13) would communities to exchange ideas and service obligation apply to both this work, and how the preference differs obtain information needed to achieve portion of the scholarship and to from more general State Program the goals. scholarship amount received after the activities that the statute authorizes. These regulations address the regulations’ effective date. Finally, the commenter recommended National Education Goal that the In addition, these regulations amend that we clarify aspects of the pre- Nation’s teaching force will have the § 75.60(b) of the Education Department application and general application content knowledge and teaching skills General Administrative Regulations selection criteria for the Partnership needed to instruct all American (EDGAR). Section 75.60(b) contains a Program, and general selection criteria students for the next century. list of Departmental scholarship, for the State Program, to clarify these Paperwork Reduction Act of 1995 fellowship, discretionary grant, and loan criteria and the points to be awarded programs for which an individual who under them. The Paperwork Reduction Act of 1995 has received financial assistance must does not require you to respond to a Discussion: In view of the comment, be current in any payments that are due collection of information unless it we have modified the proposed as a condition of eligibility for financial displays a valid OMB control number. regulations in a number of ways. assistance under this or other We display the valid OMB control Sections 611.2 and 611.3 now clarify Department programs. When § 75.60 numbers assigned to the collections of that only applicants submitting a full was proposed on August 18, 1992 (53 information in these final regulations at application for a Teacher Quality FR 31580), the Department announced the end of the affected sections of the Program grant must submit a detailed its intent to apply this rule generally to regulations. all Department scholarship or workplan. Those submitting pre- fellowship programs to which part 75 applications under the Partnership or Waiver of Proposed Rulemaking applies. Since part 75 applies to the Teacher Recruitment Programs will not Under the Administrative Procedure Teacher Quality Programs and to all need to submit workplans with their Act (5 U.S.C. 553) the Department other Department discretionary grant pre-applications. The final regulations generally offers interested parties the programs, we now are adding the also correct several technical errors that opportunity to comment on proposed Teacher Quality Programs to the list of the commenter identified in the regulations. However, two regulations programs in § 75.60 that are covered by proposed regulations. The program announced included in these final this rule. application packages, and not these regulations are being issued without regulations, identify the maximum public comment. The correction of Analysis of Comments and Changes number of points that reviewers will § 611.43(d) reflects a legal requirement In response to the Assistant award applications under the elements governing when a Teacher Quality Secretary’s invitation in the NPRM, we of each criterion. program scholarship recipient incurs received two comments. An analysis of We continue to believe that the liability for failure to meet the service the comments follows. Generally, we do proposed language in § 611.2, which obligation, and hence no public not address technical and other minor would resolve any ties in scoring comment is needed. The amendment to changes—and suggested changes the applications on the basis of a project’s § 75.60(b) of EDGAR, which includes law does not authorize the Secretary to relative impact on the nation’s the Teacher Quality Enhancement make. Empowerment Zones and Enterprise Grants Program in the list of Department Comment: The commenters Communities, is adequate. It provides programs for which individuals must be questioned several aspects of the the Department the latitude to resolve current in their payments or be proposed regulations, and asked us to ties on a case-by-case basis in ways that ineligible for further financial assistance clarify the language of a number of permit us comprehensively to examine provided by Department programs is a provisions. For example, they objected the likely impact of a project on the technical amendment. The Department to language in proposed § 611.2 that nation’s Empowerment Zones and already took public comment on the would have all those who wish to Enterprise Communities. With regard to content of § 75.60(b) before the receive grant awards under the the proposed competitive preference in regulation was published as a final Partnership or Teacher Recruitment § 611.13, we agree with the commenter regulation on August 18, 1992 (53 FR Programs submit detailed workplans as that each of the three activities entitling 31580). Therefore, under 5 U.S.C. part of those pre-applications. One an applicant to a preference mirrors 553(b)(B), the Secretary has determined commenter requested that we revisit activities that section 202 of Title II that proposed regulations are page limitations of pre-applications in authorizes. However, the competitive unnecessary and contrary to the public view of the changes in criteria from preference in § 611.13 reflects statutory interest. those used last year under the requirements of section 205(b)(2) of the Partnership program for FY 1999 grants. HEA, in which Congress identified Intergovernmental Review The commenter asked that we clarify certain allowable State Program This program is subject to the how the Department would implement activities as deserving of this preference. requirements of Executive Order 12372

VerDate 202000 19:48 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\11APR2.SGM pfrm02 PsN: 11APR2 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Rules and Regulations 19609 and the regulations in 34 CFR Part 79. 34 CFR part 611 (5) Measurable outcomes that are tied The objective of the Executive order is Colleges and universities, Elementary to each project objective, and the to foster an intergovernmental and secondary education, Grant evidence by which success in achieving partnership and a strengthened programs—education. these objectives will be measured; and federalism by relying on processes (6) Any other information that the developed by State and local Dated: April 5, 2000. Secretary may require. governments for coordination and Claudio R. Prieto, (c)(1) In any application for a grant review of proposed Federal financial Acting Assistant Secretary for Postsecondary that is submitted on behalf of a assistance. Education. partnership, the workplan also must In accordance with the order, we For the reasons stated in the identify which partner will be intend this document to provide early preamble, the Secretary amends parts 75 responsible for which activities. notification of specific plans and actions and 611 of title 34 of the Code of (2) In any application for a grant that for this program. Federal Regulations as follows: is submitted on behalf of a State, the workplan must identify which entities Assessment of Educational Impact PART 75ÐDIRECT GRANT in the State will be responsible for PROGRAMS which activities. In the NPRM we requested comments on whether the proposed regulations 1. The authority citation for part 75 (Approved by the Office of Management and would require transmission of continues to read as follows: Budget under control number 1840–0007.) (Authority: 20 U.S.C. 1021 et seq.) information that any other agency or Authority: 20 U.S.C. 1221e–3 and 3474 authority of the United States gathers or § 611.3 What procedures does the makes available. 2. Section 75.60 is amended by Secretary use to award a grant? adding a new paragraph (b) (7) to read Based on the response to the NPRM The Secretary uses the selection as follows: and on our review, we have determined procedures in 34 CFR 75.200 through that these final regulations do not § 75.60 Individuals ineligible to receive 75.222 except that— require transmission of information that assistance. (a) Application procedures for each any other agency or authority of the * * * * * program. (1) For the State Grants United States gathers or makes (b) * * * Program, the Secretary evaluates available. (7) A scholarship awarded under the applications for new grants on the basis Electronic Access to This Document Teacher Quality Enhancement Grants of the selection criteria and competitive Program (20 U.S.C. 1021 et seq.). preference contained in §§ 611.11 You may review this document, as through 611.13. well as all other Department of PART 611ÐTEACHER QUALITY (2) For the Partnership Grants Education documents published in the ENHANCEMENT GRANTS PROGRAM Program, the Secretary— Federal Register, in text or Adobe (i) Uses a two-stage application 1. The authority citation for part 611 Portable Document Format (PDF) on the process to determine which applications continues to read as follows: Internet at either of the following sites: to fund; Authority: 20 U.S.C. 1021 et seq., unless (ii) Uses the selection criteria in http://ocfo.ed.gov/fedreg.htm otherwise noted. §§ 611.21 through 611.22 to evaluate http://www.ed.gov/news.html 2–3. Sections 611.2 and 611.3 are pre-applications submitted for new To use the PDF you must have the added to Subpart A of part 611 to read grants, and to determine those Adobe Acrobat Reader Program with as follows: applicants to invite to submit full Search, which is available free at either program applications; and § 611.2 What management plan must be (iii) For those applicants invited to of these sites. If you have questions included in a Teacher Quality Enhancement submit full applications, uses the about using the PDF, call the U.S. Grants Program application? selection criteria and competitive Government Printing Office (GPO) toll (a) In addition to a description of the preference in §§ 611.23–611.25 to free, at 1–888–293–6498; or in the proposed multiyear project, timeline, evaluate the full program applications. Washington, DC area at (202) 512–1530. and budget information required by 34 (3) For the Teacher Recruitment Note: The official version of the document CFR 75.112 and 75.117 and other Grants Program, the Secretary— is the document published in the Federal applicable law, an applicant for a grant (i) Uses a two-stage application Register. Free Internet access to the official under this part must submit with its edition of the Federal Register and the Code process to determine which applications of Federal Regulations is available on GPO application under paragraphs (a)(1), to fund; Access at: http://www.access.gpo.gov/nara/ (a)(2)(iii), or (a)(3)(iii) of § 611.3, as (ii) Uses the selection criteria in index.html appropriate, a management plan that § 611.31 to evaluate pre-applications includes a proposed multiyear submitted for new grants, and to (Catalog of Federal Domestic Assistance Number 84.336: Teacher Quality workplan. determine those applicants to invite to Enhancement Grants Program) (b) At a minimum, this workplan submit full program applications; and must identify, for each year of the (iii) For those applicants invited to List of Subjects project— submit full applications, uses the 34 CFR part 75 (1) The project’s overall objectives; selection criteria in § 611.32 to evaluate (2) Activities that the applicant the full program applications. Administrative practice and proposes to implement to promote each (b) Required budgets in pre- procedure, Education Department, Grant project objective; applications. An applicant that submits programs—education, Grant (3) Benchmarks and timelines for a pre-application for a Partnership administration, Incorporation by conducting project activities and Program or Teacher Recruitment reference, Performance reports, achieving the project’s objectives; Program grant under paragraphs Reporting and recordkeeping (4) The individual who will conduct (b)(2)(ii) and (b)(3)(ii) must also submit requirements, Unobligated funds. and coordinate these activities; any budgetary information that the

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Secretary may require in the program (b) Significance. (1) The Secretary § 611.12 What additional selection criteria application package. considers the significance of the project. are used for an application proposing (c) Tie-breaking procedures. In the (2) In determining the significance of teacher recruitment activities? event that two or more applicants are the project, the Secretary considers the In reviewing applications that ranked equally for the last available extent to which— propose to undertake teacher award under any program, the Secretary (i) The project involves the recruitment activities, the Secretary also selects the applicant whose activities development or demonstration of considers the following selection will focus (or have most impact) on promising new strategies or exceptional criteria: (a) In addition to the elements LEAs and schools located in one (or approaches in the way new teachers are contained in § 611.11(a) (Quality of more) of the Nation’s Empowerment recruited, prepared, certified, and project design), the Secretary considers Zones and Enterprise Communities. licensed; the extent to which the project (Approved by the Office of Management and (ii) Project outcomes lead directly to Budget under control number 1840–0007.) addresses— improvements in teaching quality and (1) Systemic changes in the ways that (Authority: 20 U.S.C. 1021 et seq.) student achievement as measured new teachers are to be recruited, 4. Subpart B, consisting of §§ 611.11 against rigorous academic standards; supported and prepared; and through 611.13, is added to part 611, to (iii) The State is committed to (2) Systemic efforts to recruit, read as follows: institutionalize the project after federal support, and prepare prospective funding ends; and teachers from disadvantaged and other Subpart BÐState Grants Program (iv) Project strategies, methods, and underrepresented backgrounds. 611.11 What are the program’s general accomplishments are replicable, thereby (b) In addition to the elements selection criteria? permitting other States to benefit from contained in § 611.11(b) (Significance), 611.12 What additional selection criteria them. the Secretary considers the applicant’s are used for an application proposing teacher recruitment activities? (c) Quality of resources. (1) The commitment to continue recruitment 611.13 What competitive preference doe the Secretary considers the quality of the activities, scholarship assistance, and Secretary provide? project’s resources. preparation and support of additional (2) In determining the quality of the cohorts of new teachers after funding § 611.11 What are the program's general under this part ends. selection criteria? project resources, the Secretary considers the extent to which— (c) In addition to the elements contained in § 611.11(c) (Quality of Subpart BÐState Grants Program (i) Support available to the project, including personnel, equipment, resources), the Secretary considers the In evaluating the quality of supplies, and other resources, is impact of the project on high-need LEAs applications, the Secretary uses the sufficient to ensure a successful project; and high-need schools based upon— (1) The amount of scholarship following selection criteria. (ii) Budgeted costs are reasonable and (a) Quality of project design. (1) The assistance the project will provide justified in relation to the design, Secretary considers the quality of the students from federal and non-federal outcomes, and potential significance of project design. funds; the project; and (2) In determining the quality of the (2) The number of students who will project design, the Secretary considers (iii) The applicant’s matching share of receive scholarships; and the extent to which— the budgeted costs demonstrates a (3) How those students receiving (i) The project design will result in significant commitment to successful scholarships will benefit from high- systemic change in the way that all new completion of the project and to project quality teacher preparation and an teachers are prepared, and includes continuation after federal funding ends. effective support system during their partners from all levels of the education (d) Quality of management plan. (1) first three years of teaching. system; The Secretary considers the quality of (Approved by the Office of Management and (ii) The Governor and other relevant the project’s management plan. Budget under control number 1840–0007.) executive and legislative branch (2) In determining the quality of the (Authority: 20 U.S.C. 1021 et seq.) officials, the K–16 education system or management plan, the Secretary systems, and the business community considers the following factors: § 611.13 What competitive preference are directly involved in and committed (i) The extent to which the does the Secretary provide? to supporting the proposed activities; management plan, including the The Secretary provides a competitive (iii) Project goals and performance workplan, is designed to achieve goals preference on the basis of how well the objectives are clear, measurable and objectives of the project, and State’s proposed activities in any one or outcomes are specified, and a feasible includes clearly defined activities, more of the following statutory plan is presented for meeting them; responsibilities, timelines, milestones, priorities are likely to yield successful (iv) The project is likely to initiate or and measurable outcomes for and sustained results: enhance and supplement systemic State accomplishing project tasks. (a) Initiatives to reform State teacher reforms in one or more of the following (ii) The adequacy of procedures to licensure and certification requirements areas: teacher recruitment, preparation, ensure feedback and continuous so that current and future teachers licensing, and certification; improvements in the operation of the possess strong teaching skills and (v) The applicant will ensure that a project. academic content knowledge in the diversity of perspectives is incorporated (iii) The qualifications, including subject areas in which they will be into operation of the project, including training and experience, of key certified or licensed to teach. (b) Innovative reforms to hold higher those of parents, teachers, employers, personnel charged with implementing education institutions with teacher academic and professional groups, and the project successfully. other appropriate entities; and preparation programs accountable for (vi) The project design is based on up- (Approved by the Office of Management and preparing teachers who are highly to-date knowledge from research and Budget under control number 1840–0007.) competent in the academic content effective practice. (Authority: 20 U.S.C. 1021 et seq.) areas and have strong teaching skills.

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(c) Innovative efforts to reduce the (2) In determining the quality and components), the Secretary considers shortage (including the high turnover) of comprehensiveness of key project the extent to which the project will— highly competent teachers in high- components in the process of preparing (1) Significantly improve recruitment poverty urban and rural areas. new teachers, the Secretary considers of new students, including those from (Approved by the Office of Management and the extent to which— disadvantaged and other Budget under control number 1840–0007.) (i) Specific activities are designed and underrepresented backgrounds; and would be implemented to ensure that (2) Provide scholarship assistance and (Authority: 20 U.S.C. 1021 et seq.) students preparing to be teachers are adequate training to preservice students, 5. Subpart C, consisting of §§ 611.21 adequately prepared, including as well as induction support for those through 611.25, is added to part 611, to activities designed to ensure that they who become teachers after graduating read as follows: have improved content knowledge, are from the teacher preparation program. able to use technology effectively to Subpart CÐPartnership Grants Program (c) In addition to the elements promote instruction, and participate in contained in § 611.21(d) (Specific 611.21 What are the program’s selection extensive, supervised clinical project outcomes), the Secretary criteria for pre-applications? experiences; considers the extent to which the 611.22 What additional selection criteria (ii) Specific activities are designed are used for pre-application that project addresses the number of new proposes teacher recruitment activities? and would be implemented to ensure teachers to be produced and their ability 611.23 What are the program’s general adequate support for those who have to teach effectively in high-need selection criteria for full applications? completed the teacher preparation schools. program during their first years as 611.24 What additional selection criteria (Approved by the Office of Management and are used for a full application that teachers; and Budget under control number 1840–0007.) proposes teacher recruitment activities? (iii) The project design reflects up-to- (Authority: 20 U.S.C. 1021 et seq.) 611.25 What competitive preference does date knowledge from research and the Secretary provide? effective practice. § 611.23 What are the program's general (d) Specific project outcomes. (1) The selection criteria for full applications? Subpart CÐPartnership Grants Secretary considers the specific Program In evaluating the quality of outcomes the project would produce in applications, the Secretary uses the § 611.21 What are the program's selection the preparation of new teachers. following selection criteria. criteria for pre-applications? (2) In determining the specific (a) Quality of project design. (1) The In evaluating the quality of pre- outcomes the project would produce in Secretary considers the quality of the applications, the Secretary uses the the preparation of new teachers, the project design. following selection criteria. Secretary considers the following (2) In determining the quality of the (a) Project goals and objectives. (1) factors: project design, the Secretary considers The Secretary considers the goals and (i) The extent to which important the following factors: objectives of the project design. aspects of the partnership’s existing (i) The extent of evidence of (2) In determining the quality of the teacher preparation system would institution-wide commitment to high project goals and objectives, the change. quality teacher preparation that Secretary considers the following (ii) The way in which the project includes significant policy and practice factors: would demonstrate success using high- changes supported by key leaders, and quality performance measures. (i) The extent to which the which result in permanent changes to partnership’s vision will produce (Approved by the Office of Management and ensure that preparing teachers is a significant and sustainable Budget under control number 1840–0007.) central mission of the entire university. improvements in teacher education. (Authority: 20 U.S.C. 1021 et seq.) (ii) The extent to which the (ii) The needs the partnership will § 611.22 What additional selection criteria partnership creates and sustains address. are used for a pre-application that proposes collaborative mechanisms to integrate (iii) How the partnership and its teacher recruitment activities? professional teaching skills, including activities would be sustained once In reviewing pre-applications that skills in the use of technology in the federal support ends. propose to undertake teacher classroom, with strong academic (b) Partnering commitment. (1) The recruitment activities, the Secretary also content from the arts and sciences. Secretary considers the partnering considers the following selection (iii) The extent of well-designed and commitment embodied in the project. criteria: extensive preservice clinical (2) In determining the quality of the (a) In addition to the elements experiences for students, including partnering commitment, the Secretary contained in § 611.21(a) (Project goals mentoring and other forms of support, considers the following factors: and objectives), the Secretary considers implemented through collaboration (i) Evidence of how well the the extent to which— between the K–12 and higher education partnership would be able to (1) The partnership’s vision responds partners. accomplish objectives working together to LEA needs for a diverse and high (iv) Whether a well-planned, that its individual members could not quality teaching force, and will lead to systematic induction program is accomplish working separately. reduced teacher shortages in these high- established for new teachers to increase (ii) The significance of the roles given need LEAs; and their chances of being successful in to each principal partner in (2) The partnership will sustain its high-need schools. implementing project activities. work after federal funding has ended by (v) The strength of linkages within the (c) Quality and comprehensiveness of recruiting, providing scholarship partnership between higher education key project components. (1) The assistance, training and supporting and high-need schools or school Secretary considers the quality and additional cohorts of new teachers. districts so that all partners have comprehensiveness of key project (b) In addition to the elements important roles in project design, components in the process of preparing contained in § 611.21(c) (Quality and implementation, governance and new teachers. comprehensiveness of key project evaluation.

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(vi) Whether the project design is and measurable outcomes for § 611.25 What competitive preference based on up-to-date knowledge from accomplishing project tasks. does the Secretary provide? research and effective practice, (ii) The extent to which the project The Secretary provides a competitive especially on how students learn. has an effective, inclusive, and preference on the basis of how well the (b) Significance of project activities. responsive governance and decision- project includes a significant role for (1) The Secretary considers the making structure that will permit all private business in the design and significance of project activities. partners to participate in and benefit implementation of the project. (2) In determining the significance of from project activities, and to use (Approved by the Office of Management and the project activities, the Secretary evaluation results to ensure continuous Budget under control number 1840–0007.) considers the following factors: improvements in the operations of the (Authority: 20 U.S.C. 1021 et seq.) (i) How well the project involves project. promising new strategies or exceptional (iii) The qualifications, including 6. Subpart D, consisting of §§ 611.31 approaches in the way new teachers are training and experience, of key and 611.32, is added to part 611, to read recruited, prepared and inducted into personnel charged with implementing as follows: the teaching profession. the project successfully. Subpart DÐTeacher Recruitment (ii) The extent to which project (Approved by the Office of Management and Grants Program outcomes include preparing teachers to Budget under control number 1840–0007.) teach to their State’s highest K–12 (Authority: 20 U.S.C. 1021 et seq.) 611.31 What are the program’s selection standards, and are likely to result in criteria for pre-applications? improved K–12 student achievement. § 611.24 What additional selection criteria 611.32 What are the program’s general (iii) The extent to which the are used for a full application that proposes selection criteria? partnership has specific plans to teacher recruitment activities? institutionalize the project after federal In reviewing full applications that Subpart DÐTeacher Recruitment funding ends. propose to undertake teacher Grants Program (iv) The extent to which the recruitment activities, the Secretary also § 611.31 What are the program's selection partnership is committed to considers the following selection criteria for pre-applications? disseminating effective practices to criteria: In evaluating pre-applications, the others and is willing to provide (a) In addition to the elements Secretary considers the following technical assistance about ways to contained in § 611.23(a) (Quality of criteria: improve teacher education. project design), the Secretary considers (a) Project goals and objectives. (1) (v) How well the partnership will the extent to which the project reflects— The Secretary considers the goals and integrate its activities with other (1) A commitment to recruit, support objectives of the project design. education reform efforts underway in and prepare additional well-qualified the State or communities where the new teachers for high-need schools; (2) In determining the quality of the partners are located, and will coordinate (2) Appropriate academic and student project goals and objectives, the its work with local, State or federal support services; and Secretary considers how the partnership teacher training, teacher recruitment, or (3) A comprehensive strategy for or State applicant intends to— professional development programs. addressing shortages of well-qualified (i) Produce significant and sustainable (c) Quality of resources. (1) The and well-trained teachers in high-need improvements in teacher recruitment, Secretary considers the quality of LEAs, especially teachers from preparation, and support; and resources of project activities. disadvantaged and other (ii) Reduce teacher shortages in high- (2) In determining the quality of underrepresented backgrounds. need LEAs and schools, and improve resources, the Secretary considers the (b) In addition to the elements student achievement in the schools in extent to which— contained in § 611.23(b) (Significance of which teachers who participate in its (i) Support available to the project, project activities), the Secretary project will teach. including personnel, equipment, considers the extent to which the (b) Partnership commitment. (1) The supplies, and other resources, is project promotes the recruitment, Secretary considers the partnering sufficient to ensure a successful project; scholarship assistance, preparation, and commitment embodied in the project. (ii) Budgeted costs are reasonable and support of additional cohorts of new (2) In determining the quality of the justified in relation to the design, teachers. partnering commitment, the Secretary outcomes, and potential significance of (c) In addition to the elements considers the following factors: the project; and contained in § 611.23(c) (Quality of (i) What the partnership, or the State (iii) The applicant’s matching share of resources), the Secretary considers the and its cooperating entities, can the budgeted costs demonstrates a impact of the project on high-need LEAs accomplish by working together that significant commitment to successful and high-need schools based upon— could not be achieved by working completion of the project and to project (1) The amount of scholarship separately. continuation after federal funding ends. assistance the project will provide (ii) How the project proposed by the (d) Quality of management plan. (1) students from federal and non-federal partnership or State is driven by the The Secretary considers the quality of funds; needs of LEA partners. the management plan. (2) The number of students who will (c) Quality of key project components. (2) In determining the quality of the receive scholarships; and (1) The Secretary considers the quality management plan, the Secretary (3) How those students receiving of key project components. considers the following factors: scholarships will benefit from high- (2) In determining the quality of key (i) The extent to which the quality teacher preparation and an project components, the Secretary management plan, including the work effective support system during their considers the following factors: plan, is designed to achieve goals and first three years of teaching. (i) The extent to which the project objectives of the project, and includes (Approved by the Office of Management and would make significant and lasting clearly defined activities, Budget under control number 1840–0007.) systemic changes in how the applicant responsibilities, timelines, milestones, (Authority: 20 U.S.C. 1021 et seq.) recruits, trains, and supports new

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(1) The chances of being successful in high- outcomes, and potential significance of Secretary considers the specific need schools; the project. outcomes the project would produce in (v) Includes strong linkages among the (iii) The applicant’s matching share of the recruitment, preparation, and partner institutions of higher education budgeted costs demonstrates a placement of new teachers. and high-need schools and school significant commitment to successful (2) In determining the specific districts (or, in the case of a State completion of the project, and to project outcomes the project would produce in applicant, between the State and these continuation after federal funding ends. the recruitment, preparation, and entities in its project), so that all those placement of new teachers, the who would implement the project have (d) Quality of management plan. (1) Secretary considers the following important roles in project design, The Secretary considers the quality of factors: implementation, governance, and the project’s management plan. (i) The number of teachers to be evaluation; (2) In determining the quality of the produced and the quality of their (vi) Responds to the shortages of well- management plan, the Secretary preparation. qualified and well-trained teachers in considers the following factors: (ii) The partnership’s or State’s high-need school districts, especially commitment to sustaining the work of (i) The extent to which the from disadvantaged and other the project after federal funding has management plan, including the underrepresented backgrounds; and ended by recruiting, providing workplan, is designed to achieve goals (vii) Is based on up-to-date knowledge scholarship assistance, training, and and objectives of the project, and from research and effective practice. supporting additional cohorts of new includes clearly defined activities, (b) Significance. (1) The Secretary teachers. responsibilities, timelines, milestones, considers the significance of the project. and measurable outcomes for (Approved by the Office of Management (2) In determining the significance of accomplishing project tasks. and Budget under control number 1840– the project, the Secretary considers the (ii) The extent to which the project 0007.) extent to which— has an effective, inclusive, and (Authority: 20 U.S.C. 1021 et seq.) (i) The project involves promising responsive governance and new strategies or exceptional § 611.32 What are the program's general decisionmaking structure that will approaches in the way new teachers are selection criteria? permit all partners to participate in and recruited, prepared, and inducted into In evaluating the quality of full benefit from project activities, and to the teaching profession; applications, the Secretary uses the use evaluation results to continuously (ii) Project outcomes include following selection criteria. improve project operations. (a) Quality of the project design. (1) measurable improvements in teacher quality and in the number of well- (iii) The qualifications, including The Secretary considers the quality of training and experience, of key the project design for ensuring that prepared new teachers, that are likely to result in improved K–12 student personnel charged with implementing activities to recruit and prepare new the project successfully. teachers are a central mission of the achievement; project. (iii) The project will be (Approved by the Office of Management and (2) In considering the quality of the institutionalized after federal funding Budget under control number 1840–0007.) project design for ensuring that ends, including recruitment, (Authority: 20 U.S.C. 1021 et seq.) scholarship assistance, preparation, and activities to recruit and prepare new 7. Section 611.43 is amended by teachers are a central mission of the support of additional cohorts of new teachers; revising paragraph (d) to read as project, the Secretary considers the follows: extent to which the project design— (iv) The project will disseminate (i) Shows evidence of institutional or effective practices to others, and provide § 611.43 What are the consequences of a (in the case of a State applicant) State- technical assistance about ways to scholarship recipient's failure to meet the level commitment both to recruitment of improve teacher recruitment and service obligation? additional new teachers, and to high- preparation; and * * * * * (v) The project will integrate its quality teacher preparation that (d) Interest. In accordance with 31 includes significant policy and practice activities with other education reform activities underway in the State or U.S.C. 3717 and 34 CFR part 30, the changes supported by key leaders and Secretary charges interest on the unpaid that result in permanent changes to communities in which the project is based, and will coordinate its work with balance that the scholarship recipient current institutional practices; owes. However, except as provided in (ii) Creates and sustains collaborative local, State, and federal teacher § 611.44(d), the Secretary does not mechanisms to integrate professional recruitment, training, and professional charge interest for the period of time teaching skills, including skills in the development programs. that precedes the date on which the use of technology in the classroom, with (c) Quality of resources. (1) The scholarship recipient is required to academic content provided by the Secretary considers the quality of the begin repayment. school of arts and sciences; project’s resources. (iii) Includes well-designed academic (2) In determining the quality of the * * * * * and student support services as well as project’s resources, the Secretary 8. Subpart F of part 611 is revised to carefully planned and extensive considers the extent to which— read as follows:

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Subpart FÐOther Grant Conditions (a) The rate established by the (b) Each partnership receiving a grant negotiated indirect cost agreement; or under the Partnership Grant Program or Subpart FÐOther Grant Conditions (b) Eight percent. the Teacher Recruitment Grant Program 611.61 What is the maximum indirect cost (Authority: 20 U.S.C. 1021 et seq.) must provide, from non-federal sources, rate that applies to a recipient’s use of an amount equal to— program funds? § 611.62 What are a grantee's matching (1) 25 percent of the grant award for 611.62 What are a grantee’s matching requirements? the first year of the grant; requirements? (a)(1) Each State receiving a grant (2) 35 percent of the grant award for under the State Grants Program or the second year of the grant; and § 611.61 What is the maximum indirect Teacher Recruitment Grants Program cost rate that applies to a recipient's use of (3) 50 percent of the grant award for program funds? must provide, from non-federal sources, each succeeding year of the grant. an amount equal to 50 percent of the (c) The match from non-federal Notwithstanding 34 CFR 75.560– amount of the grant to carry out the sources required by paragraphs (a) and 75.562 and 34 CFR 80.22, the maximum activities supported by the grant. (b) of this section may be made in cash indirect cost rate that any recipient of (2) The 50 percent match required by or in kind. funds under the Teacher Quality paragraph (a)(1) of this section must be (Authority: 20 U.S.C. 1021 et seq.) Enhancement Grants Program may use made annually during the project to charge indirect costs to these funds is period, with respect to each grant award [FR Doc. 00–8890 Filed 4–10–00; 8:45 am] the lesser of— the State receives. BILLING CODE 4000±01±U

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DEPARTMENT OF EDUCATION year; Partnership Grants—$1,000,000– 86, 97, 98 and 99. (b) The regulations for $2,000,000 per year. this program in 34 CFR part 611, [CFDA No. 84.336] Estimated Average Size of Awards: published in this edition of the Federal Teacher Quality Enhancement Grants State Grants—$1.5 million per year; Register. Program; Notice Inviting Applications Partnership Grants—$1.5 million per Pre-Application Technical for New Awards for Fiscal Year (FY) year. Workshops: We will be conducting four 2000 Estimated Number of Awards: State regional technical assistance workshops Grants—6; Partnership Grants—5. to assist prospective applicants. Purpose of Program: The program Note: The Department is not bound by any 1. Tempe: April 13, 2000, 8:30 a.m. to provides grants to States and to estimates in this notice. 1:00 p.m., Arizona State University, partnerships to promote improvements Project Period: State Grants—up to 36 Payne Bldg., Room 129, Tempe, Arizona in the quality of new teachers with the months; Partnership Grants—up to 60 (Registration: 8:30 to 9:00 a.m.) Contact ultimate goal of increasing student months. Person: Kathy Langerman, (480) 965– achievement in the nation’s pre-K–12 Page Limits: 3146 or [email protected] classrooms. For FY 2000, a new Note: The application narrative is where 2. Boston: April 18, 2000, 8:30 a.m. to competition will be conducted under you, the applicant, address the selection 1:00 p.m., Boston College, Lower Dining the State Grants Program (State criteria reviewers use in evaluating your pre- Hall, Heights Room, 140 Program) and the Partnership Program application or application. Commonwealth Avenue, Chestnut Hill, for Improving Teacher Education Pre-applications for Partnership Massachusetts (Registration: 8:30 to 9:00 (Partnership Program). The purpose of Grants—If you are submitting a pre- a.m.) Contact Person: Pamela Herrup, the State Program is to improve the application for a Partnership grant, you (617) 552–0763 or [email protected] quality of a State’s teaching force by must limit your pre-application 3. Milwaukee: April 20, 2000, 8:30 supporting the implementation of narrative to the equivalent of no more a.m. to 1:00 p.m., University of comprehensive statewide reform than 10 pages and your estimated Wisconsin-Milwaukee, University activities in areas such as teacher budget information to the equivalent of Center for Continuing Education licensing and certification, no more than three pages. (UCCE), 161 W. Wisconsin Avenue, accountability for high-quality teacher State Grants and Final Applications Room 7970, Milwaukee, Wisconsin preparation, and recruitment. The for Partnership Grants—If you are (Registration: 8:30 to 9:00 a.m.) Contact purpose of the Partnership Program is to submitting an application for a State Person: Linda Post, (414) 229–4884 or promote significant improvements in grant or a final application for a [email protected] teacher education by strengthening the Partnership grant, you must limit your 4. Miami: April 25, 2000, 8:30 a.m. to vital role of K–12 educators in the narrative to the equivalent of no more 1:00 p.m., University of Miami, design and implementation of effective than 50 pages and your accompanying University Center, Section A, Flamingo teacher education programs, and by work plan to the equivalent of no more Ballroom, 1306 Stanford Drive, Coral increasing collaboration among these than 10 pages. Submit the work plan as Gables, Florida (Registration: 8:30 to practitioners and departments of arts an appendix. In addition, you must 9:00 a.m.) Contact Person: Martha and sciences and schools of education. limit your budget narrative to the Kairuz (305) 284–5937 or Eligible Applicants: State Grants equivalent of no more than 10 pages and [email protected] (including the District of Columbia, your evaluation plan to the equivalent Any interested parties are invited to Puerto Rico and the insular areas)— of no more than five pages. attend these workshops. States that did not receive an FY 1999 For the pre-application or application Assistance to Individuals with grant under the State Program. narrative, work plan, budget narrative, Disabilities at the Technical Assistance Partnership Grants—Partnerships and evaluation plan, the following Workshops—The meeting sites are comprised, at a minimum, of an standards apply: accessible to individuals with institution of higher education with an • A page is 8.5″ x 11″, on one side disabilities. The Department will eligible teacher preparation program, a only, with 1″ margins at the top, bottom, provide a sign language interpreter at school of arts and sciences, and a high- and both sides. each of the scheduled workshops. An need local educational agency (LEA). • Double space (no more than three individual with a disability who will These terms are defined in section 203 lines per vertical inch) all text, need an auxiliary aid or service other of the Higher Education Act and in including titles, headings, quotations, than an interpreter to participate in the regulations for this program in 34 CFR references, and captions. meeting (e.g., assistive listening device, 611.1. Partnerships that received an FY • Use a font that is either 12-point or or materials in an alternate format) 1999 grant under this program are not larger or no smaller than 10 pitch should notify the Department at least eligible for this competition. (characters per inch). two weeks before the scheduled Applications Available: April 11, • 2000. For tables, charts, or graphs also use workshop date. Although we will Deadline for Transmittal of a font that is either 12-point or larger or attempt to meet a request received after Applications: State Grants—June 12, no smaller than 10 pitch. this date, the requested auxiliary aid or 2000. Our reviewers will not read any of the service may not be available because of Partnership Grants—Pre-applications: specified sections of your application insufficient time to arrange it. Requests May 26, 2000; Final Applications: that for assistance should be directed by • August 15, 2000. Exceed the page limit if you apply contacting the Teacher Quality Program Deadline for Intergovernmental these standards; or Office as directed in the FOR FURTHER Review: August 9, 2000. • Exceed the equivalent of the page INFORMATION CONTACT section. There is Available Funds: State Grants— limit if you apply other standards. no pre-registration for these workshops. $7,900,000; Partnership Grants— Applicable Regulations: (a) The For additional workshop information, $6,300,000. Education Department General you may visit the Teacher Quality Estimated Range of Awards: State Administrative Regulations (EDGAR) in website at: http://www.ed.gov/offices/ Grants—$1,000,000–$2,000,000 per 34 CFR parts 74, 75, 77, 79, 80, 82, 85, OPE/heatqp/index.html or contact the

VerDate 202000 19:49 Apr 10, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4701 Sfmt 4703 E:\FR\FM\11APN4.SGM pfrm02 PsN: 11APN4 19616 Federal Register / Vol. 65, No. 70 / Tuesday, April 11, 2000 / Notices person designated as contact for each format (e.g., Braille, large print, questions about using the PDF, call the workshop site listed. audiotape, or computer diskette) on U.S. Government Printing Office (GPO) FOR FURTHER INFORMATION OR request to the contact person listed toll free at 1–888–293–6498; or in the APPLICATIONS: Brenda Shade, Teacher under FOR FURTHER INFORMATION OR Washington, DC area at (202) 512–1530. Quality Program, Office of APPLICATIONS CONTACT section. Note: The official version of this document Postsecondary Education, U.S. Electronic Access to This Document is the document published in the Federal Department of Education, 1990 K Street Register. Free Internet access to the official NW, Room 6152, Washington, DC You may view this document, as well edition of the Federal Register and the Code 20006–8525. Telephone Number: (202) as all other Department of Education of Federal Regulations is available on GPO 502–7773. The e-mail address for Ms. documents published in the Federal Access at: http://www.access.gpo.gov/nara/ Shade is [email protected] Register, in text or Adobe Portable index.html The fax number is (202) 502–7699. Document Format (PDF) on the Internet Program Authority: 20 U.S.C. 1021 et seq. Individuals who use a at either of the following sites: telecommunications device for the deaf http://ocfo.ed.gov/fedreg.htm Dated: April 5, 2000. (TDD) may call the Federal Information http://www.ed.gov/news.html Claudio R. Prieto, Relay Service (FIRS) at 1–800–877– To use the PDF you must have the Acting Assistant Secretary for Postsecondary 8339. Adobe Acrobat Reader Program with Education. Individuals with disabilities may Search, which is available free at either [FR Doc. 00–8891 Filed 4–10–00; 8:45 am] obtain this document in an alternate of the previous sites. If you have BILLING CODE 4000±01±U

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Part VII

Environmental Protection Agency Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations; Notice

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ENVIRONMENTAL PROTECTION development of this Policy is contained 4. Discovery and Disclosure Independent AGENCY in the environmental auditing public of Government or Third-Party Plaintiff docket (#C–94–01). An index to the 5. Correction and Remediation [FRL±6576±3] 6. Prevent Recurrence docket may be obtained by contacting 7. No Repeat Violations Incentives for Self-Policing: Discovery, the Enforcement and Compliance 8. Other Violations Excluded Disclosure, Correction and Prevention Docket and Information Center (ECDIC) 9. Cooperation of Violations by telephone at (202) 564–2614 or (202) E. Economic Benefit 564–2119, by fax at (202) 501–1011, or F. Effect on State Law, Regulation or Policy AGENCY: Environmental Protection by email at [email protected]. ECDIC G. Applicability Agency (EPA, or Agency). office hours are 8:00 am to 4:00 pm H. Public Accountability I. Effective Date ACTION: Final Policy Statement. Monday through Friday except for Federal holidays. An index to the I. Explanation of Policy SUMMARY: EPA today issues its revised docket is available on the Internet at A. Introduction final policy on ‘‘Incentives for Self- www.epa.gov/oeca/polguid/ Policing: Discovery, Disclosure, enfdock.html. Additional guidance On December 22, 1995, EPA issued its Correction and Prevention of regarding interpretation and application final policy on ‘‘Incentives for Self- Violations,’’ commonly referred to as of the Policy is also available on the Policing: Discovery, Disclosure, the ‘‘Audit Policy.’’ The purpose of this Internet at www.epa.gov/oeca/ore/ Correction and Prevention of Policy is to enhance protection of apolguid.html. Violations’’ (60 FR 66706) (Audit Policy, human health and the environment by or Policy). The purpose of the Policy is encouraging regulated entities to SUPPLEMENTARY INFORMATION: This to enhance protection of human health voluntarily discover, promptly disclose Notice is organized as follows: and the environment by encouraging and expeditiously correct violations of regulated entities to voluntarily I. Explanation of Policy Federal environmental requirements. discover, disclose, correct and prevent Incentives that EPA makes available for A. Introduction violations of Federal environmental law. those who meet the terms of the Audit B. Background and History Benefits available to entities that make Policy include the elimination or C. Purpose disclosures under the terms of the D. Incentives for Self-Policing Policy include reductions in the amount substantial reduction of the gravity 1. Eliminating Gravity-Based Penalties component of civil penalties and a 2. 75% Reduction of Gravity-Based of civil penalties and a determination determination not to recommend Penalties not to recommend criminal prosecution criminal prosecution of the disclosing 3. No Recommendations for Criminal of disclosing entities. entity. The Policy also restates EPA’s Prosecution Today, EPA issues revisions to the long-standing practice of not requesting 4. No Routine Requests for Audit Reports 1995 Audit Policy. The revised Policy copies of regulated entities’ voluntary E. Conditions reflects EPA’s continuing commitment audit reports to trigger Federal 1. Systematic Discovery of the Violation to encouraging voluntary self-policing enforcement investigations. Today’s Through an Environmental Audit or a while preserving fair and effective revised Audit Policy replaces the 1995 Compliance Management System enforcement. It lengthens the prompt 2. Voluntary Discovery disclosure period to 21 days, clarifies Audit Policy (60 FR 66706), which was 3. Prompt Disclosure issued on December 22, 1995, and took that the independent discovery 4. Discovery and Disclosure Independent condition does not automatically effect on January 22, 1996. Today’s of Government or Third-Party Plaintiff revisions maintain the basic structure 5. Correction and Remediation preclude Audit Policy credit in the and terms of the 1995 Audit Policy 6. Prevent Recurrence multi-facility context, and clarifies how while clarifying some of its language, 7. No Repeat Violations the prompt disclosure and repeat broadening its availability, and 8. Other Violations Excluded violations conditions apply in the conforming the provisions of the Policy 9. Cooperation acquisitions context. The revised final to actual Agency practice. The revisions F. Opposition to Audit Privilege and Policy takes effect May 11, 2000. Immunity being released today lengthen the G. Effect on States B. Background and History prompt disclosure period to 21 days, H. Scope of Policy The Audit Policy provides incentives clarify that the independent discovery I. Implementation of Policy for regulated entities to detect, promptly condition does not automatically 1. Civil Violations disclose, and expeditiously correct preclude penalty mitigation for multi- violations of Federal environmental facility entities, and clarify how the 2. Criminal Violations 3. Release of Information to the Public requirements. The Policy contains nine prompt disclosure and repeat violation II. Statement of Policy—Incentives for Self- conditions, and entities that meet all of conditions apply to newly acquired them are eligible for 100% mitigation of companies. The revised Policy was Policing: Discovery, Disclosure, Correction and Prevention any gravity-based penalties that developed in close consultation with A. Purpose otherwise could be assessed. (‘‘Gravity- the U.S. Department of Justice (DOJ), based’’ refers to that portion of the States, public interest groups and the B. Definitions C. Incentives for Self-Policing penalty over and above the portion that regulated community. The revisions 1. No Gravity-Based Penalties represents the entity’s economic gain also reflect EPA’s experience 2. Reduction of Gravity-Based Penalties by from noncompliance, known as the implementing the Policy over the past 75% ‘‘economic benefit.’’) Regulated entities five years. 3. No Recommendation for Criminal that do not meet the first condition— DATES: This revised Policy is effective Prosecution systematic discovery of violations—but May 11, 2000. 4. No Routine Request for Environmental Audit Reports meet the other eight conditions are FOR FURTHER INFORMATION CONTACT: D. Conditions eligible for 75% mitigation of any Catherine Malinin Dunn (202) 564–2629 1. Systematic Discovery gravity-based civil penalties. On the or Leslie Jones (202) 564–5123. 2. Voluntary Discovery criminal side, EPA will generally elect Documentation relating to the 3. Prompt Disclosure not to recommend criminal prosecution

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EPA has revised the Small disclosure were conducted in good faith evaluation’s preliminary results also Business Policy at the same time it and the entity adopts a systematic proposed revisions to the 1995 Policy revised the Audit Policy. The revised approach to preventing recurrence of and requested public comment. During Small Business Policy will be available the violation. the 60-day public comment period, the on the Internet at www.epa.gov/oeca/ The Policy includes important Agency received 29 comment letters, smbusi.html. safeguards to deter violations and copies of which are available through protect public health and the the Enforcement and Compliance C. Purpose environment. For example, the Policy Docket and Information Center. (See The revised Policy being announced requires entities to act to prevent contact information at the beginning of today is designed to encourage greater recurrence of violations and to remedy this notice.) Analysis of these comment compliance with Federal laws and any environmental harm that may have letters together with additional data on regulations that protect human health occurred. Repeat violations, those that Audit Policy usage has constituted the and the environment. It promotes a result in actual harm to the final stage of the Audit Policy higher standard of self-policing by environment, and those that may evaluation. EPA has prepared a detailed waiving gravity-based penalties for present an imminent and substantial response to the comments received; a violations that are promptly disclosed endangerment are not eligible for relief copy of that document will also be and corrected, and which were under this Policy. Companies will not available through the Docket and discovered systematically—that is, be allowed to gain an economic Information Center as well on the through voluntary audits or compliance advantage over their competitors by Internet at www.epa.gov/oeca/ore/ management systems. To provide an delaying their investment in apolguid.html. incentive for entities to disclose and compliance. And entities remain Overall, the Audit Policy evaluation correct violations regardless of how they criminally liable for violations that revealed very positive results. The were detected, the Policy reduces result from conscious disregard of or Policy has encouraged voluntary self- gravity-based penalties by 75% for willful blindness to their obligations policing while preserving fair and violations that are voluntarily under the law, and individuals remain effective enforcement. Thus, the discovered and promptly disclosed and liable for their criminal misconduct. revisions issued today do not signal any corrected, even if not discovered When EPA issued the 1995 Audit intention to shift course regarding the systematically. Policy, the Agency committed to Agency’s position on self-policing and EPA’s enforcement program provides evaluate the Policy after three years. The voluntary disclosures but instead a strong incentive for compliance by Agency initiated this evaluation in the represent an attempt to fine-tune a imposing stiff sanctions for Spring of 1998 and published its Policy that is already working well. noncompliance. Enforcement has preliminary results in the Federal Use of the Audit Policy has been contributed to the dramatic expansion Register on May 17, 1999 (64 FR 26745). widespread. As of October 1, 1999, of environmental auditing as measured The evaluation consisted of the approximately 670 organizations had in numerous recent surveys. For following components: disclosed actual or potential violations example, in a 1995 survey by Price ∑ An internal survey of EPA staff who at more than 2700 facilities. The number Waterhouse LLP, more than 90% of process disclosures and handle of disclosures has increased each of the corporate respondents who conduct enforcement cases under the 1995 Audit four years the Policy has been in effect. audits identified one of the reasons for Policy; Results of the Audit Policy User’s doing so as the desire to find and correct ∑ A survey of regulated entities that Survey revealed very high satisfaction violations before government inspectors used the 1995 Policy to disclose rates among users, with 88% of discover them. (A copy of the survey is violations; respondents stating that they would use contained in the Docket as document ∑ A series of meetings and conference the Policy again and 84% stating that VIII–A–76.) calls with representatives from industry, they would recommend the Policy to At the same time, because government environmental organizations, and clients and/or their counterparts. No resources are limited, universal States; respondents stated an unwillingness to compliance cannot be achieved without ∑ Focused stakeholder discussions on use the Policy again or to recommend its active efforts by the regulated the Audit Policy at two public use to others. community to police themselves. More conferences co-sponsored by EPA’s The Audit Policy and related than half of the respondents to the same Office of Enforcement and Compliance documents, including Agency 1995 Price Waterhouse survey said that Assurance (OECA) and the Vice interpretive guidance and general they would expand environmental President’s National Partnership for interest newsletters, are available on the auditing in exchange for reduced Reinventing Government, entitled Internet at www.epa.gov/oeca/ore/ penalties for violations discovered and ‘‘Protecting Public Health and the apolguid. Additional guidance for corrected. While many companies Environment through Innovative implementing the Policy in the context already audit or have compliance Approaches to Compliance’’; of criminal violations can be found at management programs in place, EPA ∑ A Federal Register notice on March www.epa.gov/oeca/oceft/audpol2.html. believes that the incentives offered in 2, 1999, soliciting comments on how In addition to the Audit Policy, the this Policy will improve the frequency EPA can further protect and improve Agency’s revised Small Business and quality of these self-policing efforts. public health and the environment Compliance Policy (‘‘Small Business through new compliance and Policy’’) is also available for small D. Incentives for Self-Policing enforcement approaches (64 FR 10144); entities that employ 100 or fewer Section C of the Audit Policy and individuals. The Small Business Policy identifies the major incentives that EPA

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It will not be available, based civil penalties, declining to corporations and other regulated entities for example, where corporate officials recommend criminal prosecution for that have delayed their investment in are consciously involved in or willfully regulated entities that self-police, and compliance. Second, collecting blind to violations, or conceal or refraining from routine requests for economic benefit is fair because it condone noncompliance. Since the audits. (As noted in Section C of the protects law-abiding companies from regulated entity must satisfy conditions Policy, EPA has refrained from making being undercut by their noncomplying D(2) through D(9) of the Policy, routine requests for audit reports since competitors, thereby preserving a level violations that cause serious harm or issuance of its 1986 policy on playing field. which may pose imminent and environmental auditing.) substantial endangerment to human 2. 75% Reduction of Gravity-based health or the environment are not 1. Eliminating Gravity-Based Penalties Penalties eligible. Finally, EPA reserves the right In general, civil penalties that EPA Gravity-based penalties will be to recommend prosecution for the assesses are comprised of two elements: reduced by 75% where the disclosing criminal conduct of any culpable the economic benefit component and entity does not detect the violation individual or subsidiary organization. the gravity-based component. The through systematic discovery but While EPA may decide not to economic benefit component reflects the otherwise meets all other Policy recommend criminal prosecution for economic gain derived from a violator’s conditions. The Policy appropriately disclosing entities, ultimate illegal competitive advantage. Gravity- limits the complete waiver of gravity- prosecutorial discretion resides with the based penalties are that portion of the based civil penalties to companies that U.S. Department of Justice, which will penalty over and above the economic conduct environmental auditing or have be guided by its own policy on benefit. They reflect the egregiousness in place a compliance management voluntary disclosures (‘‘Factors in of the violator’s behavior and constitute system. However, to encourage Decisions on Criminal Prosecutions for the punitive portion of the penalty. For disclosure and correction of violations Environmental Violations in the Context further discussion of these issues, see even in the absence of systematic of Significant Voluntary Compliance or ‘‘Calculation of the Economic Benefit of discovery, EPA will reduce gravity- Disclosure Efforts by the Violator,’’ July Noncompliance in EPA’s Civil Penalty based penalties by 75% for entities that 1, 1991) and by its 1999 Guidance on Enforcement Cases,’’ 64 FR 32948 (June meet conditions D(2) through D(9) of the Federal Prosecutions of Corporations. In 18, 1999) and ‘‘A Framework for Policy. EPA expects that a disclosure addition, where a disclosing entity has Statute-Specific Approaches to Penalty under this provision will encourage the met the conditions for avoiding a Assessments,’’ #GM–22 (1984), U.S. entity to work with the Agency to recommendation for criminal EPA General Enforcement Policy resolve environmental problems and prosecution under this Policy, it will Compendium. begin to develop an effective auditing also be eligible for either 75% or 100% Under the Audit Policy, EPA will not program or compliance management mitigation of gravity-based civil seek gravity-based penalties for system. penalties, depending on whether the disclosing entities that meet all nine systematic discovery condition was met. Policy conditions, including systematic 3. No Recommendations for Criminal discovery. (‘‘Systematic discovery’’ Prosecution 4. No Routine Requests for Audit means the detection of a potential In accordance with EPA’s Reports violation through an environmental Investigative Discretion Memo dated EPA reaffirms its Policy, in effect audit or a compliance management January 12, 1994, EPA generally does since 1986, to refrain from routine system that reflects the entity’s due not focus its criminal enforcement requests for audit reports. That is, EPA diligence in preventing, detecting and resources on entities that voluntarily has not and will not routinely request correcting violations.) EPA has elected discover, promptly disclose and copies of audit reports to trigger to waive gravity-based penalties for expeditiously correct violations, unless enforcement investigations. violations discovered systematically, there is potentially culpable behavior Implementation of the 1995 Policy has recognizing that environmental auditing that merits criminal investigation. When produced no evidence that the Agency and compliance management systems a disclosure that meets the terms and has deviated, or should deviate, from play a critical role in protecting human conditions of this Policy results in a this Policy. In general, an audit that health and the environment by criminal investigation, EPA will results in expeditious correction will identifying, correcting and ultimately generally not recommend criminal reduce liability, not expand it. However, preventing violations. prosecution for the disclosing entity, if the Agency has independent evidence However, EPA reserves the right to although the Agency may recommend of a violation, it may seek the collect any economic benefit that may prosecution for culpable individuals information it needs to establish the have been realized as a result of and other entities. The 1994 extent and nature of the violation and noncompliance, even where the entity Investigative Discretion Memo is the degree of culpability. meets all other Policy conditions. Where available on the Internet at http:// For discussion of the circumstances in the Agency determines that the www.epa.gov/oeca/ore/ aed/comp/ which EPA might request an audit economic benefit is insignificant, the acomp/a11.html. report to determine Policy eligibility, Agency also may waive this component The ‘‘no recommendation for criminal see the explanatory text on cooperation, of the penalty. prosecution’’ incentive is available for section I.E.9. EPA’s decision to retain its discretion entities that meet conditions D(2) to recover economic benefit is based on through D(9) of the Policy. Condition E. Conditions two reasons. First, facing the risk that D(1) ‘‘systematic discovery’’ is not Section D describes the nine the Agency will recoup economic required to be eligible for this incentive, conditions that a regulated entity must

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The Agency believes that the within 21 calendar days after discovery. conditions except for D(1)—systematic availability of such information will If the 21st day after discovery falls on discovery—EPA will reduce gravity- allow the public to judge the adequacy a weekend or Federal holiday, the based penalties by 75%. In general, EPA of compliance management systems, disclosure period will be extended to will not recommend criminal lead to enhanced compliance, and foster the first business day following the 21st prosecution for disclosing entities that greater public trust in the integrity of day after discovery. If a statute or meet at least conditions D(2) through compliance management systems. regulation requires the entity to report D(9). the violation in fewer than 21 days, 2. Voluntary Discovery disclosure must be made within the 1. Systematic Discovery of the Violation Under Section D(2), the violation time limit established by law. (For Through an Environmental Audit or a must have been identified voluntarily, example, unpermitted releases of Compliance Management System and not through a monitoring, sampling, hazardous substances must be reported Under Section D(1), the violation or auditing procedure that is required by immediately under 42 U.S.C. 9603.) must have been discovered through statute, regulation, permit, judicial or Disclosures under this Policy should be either (a) an environmental audit, or (b) administrative order, or consent made to the appropriate EPA Regional a compliance management system that agreement. The Policy provides three office or, where multiple Regions are reflects due diligence in preventing, specific examples of discovery that involved, to EPA Headquarters. The detecting and correcting violations. Both would not be voluntary, and therefore Agency will work closely with States as ‘‘environmental audit’’ and ‘‘compliance would not be eligible for penalty needed to ensure fair and efficient management system’’ are defined in mitigation: emissions violations implementation of the Policy. For Section B of the Policy. detected through a required continuous additional guidance on making The revised Policy uses the term emissions monitor, violations of NPDES disclosures, contact the Audit Policy ‘‘compliance management system’’ discharge limits found through National Coordinator at EPA instead of ‘‘due diligence,’’ which was prescribed monitoring, and violations Headquarters at 202–564–5123. used in the 1995 Policy. This change in discovered through a compliance audit The 21-day disclosure period begins nomenclature is intended solely to required to be performed by the terms when the entity discovers that a conform the Policy language to of a consent order or settlement violation has, or may have, occurred. terminology more commonly in use by agreement. The exclusion does not The trigger for discovery is when any industry and by regulators to refer to a apply to violations that are discovered officer, director, employee or agent of systematic management plan or pursuant to audits that are conducted as the facility has an objectively reasonable systematic efforts to achieve and part of a comprehensive environmental basis for believing that a violation has, maintain compliance. No substantive management system (EMS) required or may have, occurred. The ‘‘objectively difference is intended by substituting under a settlement agreement. In reasonable basis’’ standard is measured the term ‘‘compliance management general, EPA supports the against what a prudent person, having system’’ for ‘‘due diligence,’’ as the implementation of EMSs that promote the same information as was available to Policy clearly indicates that the compliance, prevent pollution and the individual in question, would have compliance management system must improve overall environmental believed. It is not measured against reflect the regulated entity’s due performance. Precluding the availability what the individual in question thought diligence in preventing, detecting and of the Audit Policy for discoveries made was reasonable at the time the situation correcting violations. through a comprehensive EMS that has was encountered. If an entity has some Compliance management programs been implemented pursuant to a doubt as to the existence of a violation, that train and motivate employees to settlement agreement might discourage the recommended course is for the prevent, detect and correct violations on entities from agreeing to implement entity to proceed with the disclosure a daily basis are a valuable complement such a system. and allow the regulatory authorities to to periodic auditing. Where the In some instances, certain Clean Air make a definitive determination. violation is discovered through a Act violations discovered, disclosed and Contract personnel who provide on-site compliance management system and not corrected by a company prior to services at the facility may be treated as through an audit, the disclosing entity issuance of a Title V permit are eligible employees or agents for purposes of the should be prepared to document how its for penalty mitigation under the Policy. Policy. program reflects the due diligence For further guidance in this area, see If the 21-day period has not yet criteria defined in Section B of the ‘‘Reduced Penalties for Disclosures of expired and an entity suspects that it Policy statement. These criteria, which Certain Clean Air Act Violations,’’ will be unable to meet the deadline, the are adapted from existing codes of Memorandum from Eric Schaeffer, entity should contact the appropriate practice—such as Chapter Eight of the Director of the EPA Office of Regulatory EPA office in advance to develop U.S. Sentencing Guidelines for Enforcement, dated September 30, 1999. disclosure terms acceptable to EPA. For organizational defendants, effective This document is available on the situations in which the 21-day period since 1991—are flexible enough to Internet at www.epa.gov/oeca/ore/ already has expired, the Agency may accommodate different types and sizes apolguid.html. accept a late disclosure in the of businesses and other regulated The voluntary requirement applies to exceptional case, such as where there entities. The Agency recognizes that a discovery only, not reporting. That is, are complex circumstances, including variety of compliance management any violation that is voluntarily where EPA determines the violation programs are feasible, and it will discovered is generally eligible for could not be identified and disclosed determine whether basic due diligence Audit Policy credit, regardless of within 21 calendar days after discovery.

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EPA also may extend the disclosure will not be considered independent. For are encouraged to contact the Agency period when multiple facilities or example, a disclosure will not be with any questions concerning Audit acquisitions are involved. independent where EPA is already Policy availability. In the multi-facility context, EPA will investigating the facility in question. 5. Correction and Remediation ordinarily extend the 21-day period to However, under subsection (a), where allow reasonable time for completion the entity does not know that EPA has Under Section D(5), the entity must and review of multi-facility audits commenced a civil investigation and remedy any harm caused by the where: (a) EPA and the entity agree on proceeds in good faith to make a violation and expeditiously certify in the timing and scope of the audits prior disclosure under the Audit Policy, EPA writing to appropriate Federal, State, to their commencement; and (b) the may, in its discretion, provide penalty and local authorities that it has facilities to be audited are identified in mitigation under the Audit Policy. The corrected the violation. Correction and advance. In the acquisitions context, subsection (a) exception applies only to remediation in this context include EPA will consider extending the prompt civil investigations; it does not apply in responding to spills and carrying out disclosure period on a case-by-case the criminal context. Other examples of any removal or remedial actions basis. The 21-day disclosure period will situations in which a discovery is not required by law. The certification begin on the date of discovery by the considered independent are where a requirement enables EPA to ensure that acquiring entity, but in no case will the citizens’ group has provided notice of the regulated entity will be publicly period begin earlier than the date of its intent to sue, where a third party has accountable for its commitments acquisition. already filed a complaint, where a through binding written agreements, In summary, Section D(3) recognizes whistleblower has reported the potential orders or consent decrees where that it is critical for EPA to receive violation to government authorities, or necessary. timely reporting of violations in order to where discovery of the violation by the Under the Policy, the entity must have clear notice of the violations and government was imminent. Condition correct the violation within 60 calendar the opportunity to respond if necessary. D(4)(c)—the filing of a complaint by a days from the date of discovery, or as Prompt disclosure is also evidence of third party—covers formal judicial and expeditiously as possible. EPA the regulated entity’s good faith in administrative complaints as well as recognizes that some violations can and wanting to achieve or return to informal complaints, such as a letter should be corrected immediately, while compliance as soon as possible. The from a citizens’ group alerting EPA to a others may take longer than 60 days to integrity of Federal environmental law potential environmental violation. correct. For example, more time may be depends upon timely and accurate required if capital expenditures are Regulated entities that own or operate reporting. The public relies on timely involved or if technological issues are a multiple facilities are subject to section and accurate reports from the regulated factor. If more than 60 days will be D(4)(b) in addition to D(4)(a). EPA community, not only to measure required, the disclosing entity must so encourages multi-facility auditing and compliance but to evaluate health or notify the Agency in writing prior to the does not intend for the ‘‘independent environmental risk and gauge progress conclusion of the 60-day period. In all discovery’’ condition to preclude in reducing pollutant loadings. EPA cases, the regulated entity will be availability of the Audit Policy when expects the Policy to encourage the kind expected to do its utmost to achieve or multiple facilities are involved. Thus, if of vigorous self-policing that will serve return to compliance as expeditiously as a regulated entity owns or operates these objectives and does not intend possible. that it justify delayed reporting. When multiple facilities, the fact that one of its If correction of the violation depends violations of reporting requirements are facilities is the subject of an upon issuance of a permit that has been voluntarily discovered, they must be investigation, inspection, information applied for but not issued by Federal or promptly reported. When a failure to request or third-party complaint does State authorities, the Agency will, report results in imminent and not automatically preclude the Agency where appropriate, make reasonable substantial endangerment or serious from granting Audit Policy credit for efforts to secure timely review of the harm to the environment, Audit Policy disclosures of violations self-discovered permit. credit is precluded under condition at the other facilities, assuming all other D(8). Audit Policy conditions are met. 6. Prevent Recurrence However, just as in the single-facility Under Section D(6), the regulated 4. Discovery and Disclosure context, where a facility is already the entity must agree to take steps to Independent of Government or Third subject of a government inspection, prevent a recurrence of the violation Party Plaintiff investigation or information request after it has been disclosed. Preventive Under Section D(4), the entity must (including a broad information request steps may include, but are not limited discover the violation independently. that covers multiple facilities), it will to, improvements to the entity’s That is, the violation must be generally not be eligible for Audit Policy environmental auditing efforts or discovered and identified before EPA or credit. The Audit Policy is designed to compliance management system. another government agency likely encourage regulated entities to disclose would have identified the problem violations before any of their facilities 7. No Repeat Violations either through its own investigative are under investigation, not after EPA Condition D(7) bars repeat offenders work or from information received discovers violations at one facility. from receiving Audit Policy credit. through a third party. This condition Nevertheless, the Agency retains its full Under the repeat violations exclusion, requires regulated entities to take the discretion under the Audit Policy to the same or a closely-related violation initiative to find violations on their own grant penalty waivers or reductions for must not have occurred at the same and disclose them promptly instead of good-faith disclosures made in the facility within the past 3 years. The 3- waiting for an indication of a pending multi-facility context. EPA has worked year period begins to run when the enforcement action or third-party closely with a number of entities that government or a third party has given complaint. have received Audit Policy credit for the violator notice of a specific Section D(4)(a) lists the circumstances multi-facility disclosures, and entities violation, without regard to when the under which discovery and disclosure contemplating multi-facility auditing original violation cited in the notice

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The Agency remains compliance assistance or incentive violations of the terms of any response, firmly opposed to statutory and project. removal or remedial action covered by regulatory audit privileges and When the facility is part of a multi- a written agreement. immunity. Privilege laws shield facility organization, Audit Policy relief evidence of wrongdoing and prevent 9. Cooperation is not available if the same or a closely- States from investigating even the most related violation occurred as part of a Under Section D(9), the regulated serious environmental violations. pattern of violations at one or more of entity must cooperate as required by Immunity laws prevent States from these facilities within the past 5 years. EPA and provide the Agency with the obtaining penalties that are appropriate If a facility has been newly acquired, the information it needs to determine Policy to the seriousness of the violation, as existence of a violation prior to applicability. The entity must not hide, they are required to do under Federal acquisition does not trigger the repeat destroy or tamper with possible law. Audit privilege and immunity laws violations exclusion. evidence following discovery of are unnecessary, undermine law The term ‘‘violation’’ includes any potential environmental violations. In enforcement, impair protection of violation subject to a Federal, State or order for the Agency to apply the Policy human health and the environment, and local civil judicial or administrative fairly, it must have sufficient interfere with the public’s right to know order, consent agreement, conviction or information to determine whether its of potential and existing environmental plea agreement. Recognizing that minor conditions are satisfied in each hazards. violations sometimes are settled without individual case. In general, EPA Statutory audit privilege and a formal action in court, the term also requests audit reports to determine the immunity run counter to encouraging covers any act or omission for which the applicability of this Policy only where the kind of openness that builds trust regulated entity has received a penalty the information contained in the audit between regulators, the regulated reduction in the past. This condition report is not readily available elsewhere community and the public. For covers situations in which the regulated and where EPA decides that the example, privileged information on entity has had clear notice of its information is necessary to determine compliance contained in an audit report noncompliance and an opportunity to whether the terms and conditions of the may include information on the cause of correct the problem. Policy have been met. In the rare violations, the extent of environmental The repeat violation exclusion instance where an EPA Regional office harm, and what is necessary to correct benefits both the public and law-abiding seeks to obtain an audit report because the violations and prevent their entities by ensuring that penalties are it is otherwise unable to determine recurrence. Privileged information is not waived for those entities that have whether Policy conditions have been unavailable to law enforcers and to previously been notified of violations met, the Regional office will notify the members of the public who have and fail to prevent repeat violations. Office of Regulatory Enforcement at EPA suffered harm as a result of The 3-year and 5-year ‘‘bright lines’’ in headquarters. environmental violations. The Agency the exclusion are designed to provide Entities that disclose potential opposes statutory immunity because it regulated entities with clear notice criminal violations may expect a more diminishes law enforcement’s ability to about when the Policy will be available. thorough review by the Agency. In discourage wrongful behavior and criminal cases, entities will be expected 8. Other Violations Excluded interferes with a regulator’s ability to to provide, at a minimum, the following: punish individuals who disregard the Section D(8) provides that Policy access to all requested documents; law and place others in danger. The benefits are not available for certain access to all employees of the disclosing Agency believes that its Audit Policy types of violations. Subsection D(8)(a) entity; assistance in investigating the provides adequate incentives for self- excludes violations that result in serious violation, any noncompliance problems policing but without secrecy and actual harm to the environment or related to the disclosure, and any without abdicating its discretion to act which may have presented an imminent environmental consequences related to in cases of serious environmental and substantial endangerment to public the violations; access to all information violations. health or the environment. When events relevant to the violations disclosed, Privilege, by definition, invites of such a consequential nature occur, including that portion of the secrecy, instead of the openness needed violators are ineligible for penalty relief environmental audit report or to build public trust in industry’s ability and other incentives under the Audit documentation from the compliance to self-police. American law reflects the Policy. However, this condition does management system that revealed the high value that the public places on fair not bar an entity from qualifying for violation; and access to the individuals access to the facts. The Supreme Court, Audit Policy relief solely because the who conducted the audit or review. for example, has said of privileges that, violation involves release of a pollutant ‘‘ [w]hatever their origins, these to the environment, as such releases do F. Opposition to Audit Privilege and exceptions to the demand for every not necessarily result in serious actual Immunity man’s evidence are not lightly created harm or an imminent and substantial The Agency believes that the Audit nor expansively construed, for they are endangerment. To date, EPA has not Policy provides effective incentives for in derogation of the search for truth.’’ invoked the serious actual harm or the self-policing without impairing law United States v. Nixon, 418 U.S. 683, imminent and substantial endangerment enforcement, putting the environment at 710 (1974). Federal courts have clauses to deny Audit Policy credit for risk or hiding environmental unanimously refused to recognize a any disclosure. compliance information from the privilege for environmental audits in the Subsection D(8)(b) excludes violations public. Although EPA encourages context of government investigations. of the specific terms of any order, environmental auditing, it must do so See, e.g., United States v. Dexter Corp., consent agreement, or plea agreement. without compromising the integrity and 132 F.R.D. 8, 10 (D.Conn. 1990)

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(application of a privilege ‘‘would Agency remains opposed to State issues of interpretation and to effectively impede [EPA’s] ability to legislation that does not include these coordinate self-disclosure initiatives. In enforce the Clean Water Act, and would basic protections, and reserves its right addition, in 1999 EPA established a be contrary to stated public policy.’’) Cf. to bring independent action against National Coordinator position to handle In re Grand Jury Proceedings, 861 F. regulated entities for violations of Audit Policy issues and Supp. 386 (D. Md. 1994) (company must Federal law that threaten human health implementation. The National comply with a subpoena under Food, or the environment, reflect criminal Coordinator chairs the QRT and, along Drug and Cosmetics Act for self- conduct or repeated noncompliance, or with the Regional Audit Policy evaluative documents). allow one company to profit at the coordinators, serves as a point of contact on Audit Policy issues in the civil G. Effect on States expense of its law-abiding competitors. context. The revised final Policy reflects EPA’s H. Scope of Policy 2. Criminal Violations desire to provide fair and effective EPA has developed this Policy to incentives for self-policing that have guide settlement actions. It is the Criminal disclosures are handled by practical value to States. To that end, Agency’s practice to make public all the Voluntary Disclosure Board (VDB), the Agency has consulted closely with compliance agreements reached under which was established by EPA in 1997. State officials in developing this Policy. this Policy in order to provide the The VDB ensures consistent application As a result, EPA believes its revised regulated community with fair notice of of the Audit Policy in the criminal final Policy is grounded in decisions and to provide affected context by centralizing Policy commonsense principles that should communities and the public with interpretation and application within prove useful in the development and information regarding Agency action. the Agency. implementation of State programs and Some in the regulated community have Disclosures of potential criminal policies. suggested that the Agency should violations may be made directly to the EPA recognizes that States are convert the Policy into a regulation VDB, to an EPA regional criminal partners in implementing the because they feel doing so would ensure investigation division or to DOJ. In all enforcement and compliance assurance greater consistency and predictability. cases, the VDB coordinates with the program. When consistent with EPA’s Following its three-year evaluation of investigative team and the appropriate policies on protecting confidential and the Policy, however, the Agency prosecuting authority. During the course sensitive information, the Agency will believes that there is ample evidence of the investigation, the VDB routinely share with State agencies information that the Policy has worked well and that monitors the progress of the on disclosures of violations of there is no need for a formal investigation as necessary to ensure that Federally-authorized, approved or rulemaking. Furthermore, as the Agency sufficient facts have been established to delegated programs. In addition, for seeks to respond to lessons learned from determine whether to recommend that States that have adopted their own audit its increasing experience handling self- relief under the Policy be granted. At the conclusion of the criminal policies in Federally-authorized, disclosures, a policy is much easier to investigation, the Board makes a approved or delegated programs, EPA amend than a regulation. Nothing in will generally defer to State penalty recommendation to the Director of today’s release of the revised final mitigation for self-disclosures as long as EPA’s Office of Criminal Enforcement, Policy is intended to change the status the State policy meets minimum Forensics, and Training, who serves as of the Policy as guidance. requirements for Federal delegation. the Deciding Official. Upon receiving Whenever a State provides a penalty I. Implementation of Policy the Board’s recommendation, the waiver or mitigation for a violation of a Deciding Official makes his or her final 1. Civil Violations requirement contained in a Federally- recommendation to the appropriate authorized, approved or delegated Pursuant to the Audit Policy, United States Attorney’s Office and/or program to an entity that discloses those disclosures of civil environmental DOJ. The recommendation of the violations in conformity with a State violations should be made to the EPA Deciding Official, however, is only audit policy, the State should notify the Region in which the entity or facility is that—a recommendation. The United EPA Region in which it is located. This located or, where the violations to be States Attorney’s Office and/or DOJ notification will ensure that Federal and disclosed involve more than one EPA retain full authority to exercise State enforcement responses are Region, to EPA Headquarters. The prosecutorial discretion. coordinated properly. Regional or Headquarters offices decide For further information about whether application of the Audit Policy 3. Release of Information to the Public minimum delegation requirements and in a specific case is appropriate. Upon formal settlement, EPA places the effect of State audit privilege and Obviously, once a matter has been copies of settlements in the Audit Policy immunity laws on enforcement referred for civil judicial prosecution, Docket. EPA also makes other authority, see ‘‘Statement of Principles: DOJ becomes involved as well. Where documents related to self-disclosures Effect of State Audit/Immunity Privilege there is evidence of a potential criminal publicly available, unless the disclosing Laws on Enforcement Authority for violation, the civil offices coordinate entity claims them as Confidential Federal Programs,’’ Memorandum from with criminal enforcement offices at Business Information (and that claim is Steven A. Herman et al, dated February EPA and DOJ. validated by U.S. EPA), unless another 14, 1997, to be posted on the Internet To resolve issues of national exemption under the Freedom of under www.epa.gov/oeca/oppa. significance and ensure that the Policy Information Act is asserted and/or As always, States are encouraged to is applied fairly and consistently across applies, or the Privacy Act or any other experiment with different approaches to EPA Regions and at Headquarters, the law would preclude such release. assuring compliance as long as such Agency in 1995 created the Audit Policy Presumptively releasable documents approaches do not jeopardize public Quick Response Team (QRT). The QRT include compliance agreements reached health or the environment, or make it is comprised of representatives from the under the Policy (see Section H ) and profitable not to comply with Federal Regions, Headquarters, and DOJ. It descriptions of compliance management environmental requirements. The meets on a regular basis to address systems submitted under Section D(1).

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Any material claimed to be Confidential accordance with the compliance (b) Whether or not EPA recommends Business Information will be treated in policies, standards and procedures, the regulated entity for criminal accordance with EPA regulations at 40 including consistent enforcement prosecution under this section, the CFR Part 2. In determining what through appropriate disciplinary Agency may recommend for prosecution documents to release, EPA is guided by mechanisms; and the criminal acts of individual managers the Memorandum from Assistant (f) Procedures for the prompt and or employees under existing policies Administrator Steven A. Herman appropriate correction of any violations, guiding the exercise of enforcement entitled ‘‘Confidentiality of Information and any necessary modifications to the discretion. Received Under Agency’s Self- regulated entity’s compliance 4. No Routine Request for Disclosure Policy,’’ available on the management system to prevent future Environmental Audit Reports Internet at www.epa.gov/oeca/ violations. sahmemo.html. ‘‘Environmental audit report’’ means EPA will neither request nor use an the documented analysis, conclusions, environmental audit report to initiate a II. Statement of Policy—Incentives for and recommendations resulting from an civil or criminal investigation of an Self-Policing: Discovery, Disclosure, environmental audit, but does not entity. For example, EPA will not Correction and Prevention of Violations include data obtained in, or testimonial request an environmental audit report in A. Purpose evidence concerning, the environmental routine inspections. If the Agency has independent reason to believe that a This Policy is designed to enhance audit. violation has occurred, however, EPA protection of human health and the ‘‘Gravity-based penalties’’ are that may seek any information relevant to environment by encouraging regulated portion of a penalty over and above the identifying violations or determining entities to voluntarily discover, disclose, economic benefit, i.e., the punitive liability or extent of harm. correct and prevent violations of Federal portion of the penalty, rather than that environmental requirements. portion representing a defendant’s D. Conditions economic gain from noncompliance. B. Definitions ‘‘Regulated entity’’ means any entity, 1. Systematic Discovery For purposes of this Policy, the including a Federal, State or municipal The violation was discovered through: following definitions apply: agency or facility, regulated under (a) An environmental audit; or ‘‘Environmental Audit’’ is a Federal environmental laws. (b) A compliance management system systematic, documented, periodic and C. Incentives for Self-Policing reflecting the regulated entity’s due objective review by regulated entities of diligence in preventing, detecting, and facility operations and practices related 1. No Gravity-Based Penalties correcting violations. The regulated to meeting environmental requirements. If a regulated entity establishes that it entity must provide accurate and ‘‘Compliance Management System’’ satisfies all of the conditions of Section complete documentation to the Agency encompasses the regulated entity’s D of this Policy, EPA will not seek as to how its compliance management documented systematic efforts, gravity-based penalties for violations of system meets the criteria for due appropriate to the size and nature of its Federal environmental requirements diligence outlined in Section B and how business, to prevent, detect and correct discovered and disclosed by the entity. the regulated entity discovered the violations through all of the following: violation through its compliance (a) Compliance policies, standards 2. Reduction of Gravity-Based Penalties management system. EPA may require and procedures that identify how by 75% the regulated entity to make publicly employees and agents are to meet the If a regulated entity establishes that it available a description of its compliance requirements of laws, regulations, satisfies all of the conditions of Section management system. permits, enforceable agreements and D of this Policy except for D(1)— 2. Voluntary Discovery other sources of authority for systematic discovery—EPA will reduce environmental requirements; by 75% gravity-based penalties for The violation was discovered (b) Assignment of overall violations of Federal environmental voluntarily and not through a legally responsibility for overseeing compliance requirements discovered and disclosed mandated monitoring or sampling with policies, standards, and by the entity. requirement prescribed by statute, procedures, and assignment of specific regulation, permit, judicial or responsibility for assuring compliance 3. No Recommendation for Criminal administrative order, or consent at each facility or operation; Prosecution agreement. For example, the Policy does (c) Mechanisms for systematically (a) If a regulated entity establishes not apply to: assuring that compliance policies, that it satisfies at least conditions D(2) (a) Emissions violations detected standards and procedures are being through D(9) of this Policy, EPA will not through a continuous emissions monitor carried out, including monitoring and recommend to the U.S. Department of (or alternative monitor established in a auditing systems reasonably designed to Justice or other prosecuting authority permit) where any such monitoring is detect and correct violations, periodic that criminal charges be brought against required; evaluation of the overall performance of the disclosing entity, as long as EPA (b) Violations of National Pollutant the compliance management system, determines that the violation is not part Discharge Elimination System (NPDES) and a means for employees or agents to of a pattern or practice that discharge limits detected through report violations of environmental demonstrates or involves: required sampling or monitoring; or requirements without fear of retaliation; (i) A prevalent management (c) Violations discovered through a (d) Efforts to communicate effectively philosophy or practice that conceals or compliance audit required to be the regulated entity’s standards and condones environmental violations; or performed by the terms of a consent procedures to all employees and other (ii) High-level corporate officials’ or order or settlement agreement, unless agents; managers’ conscious involvement in, or the audit is a component of agreement (e) Appropriate incentives to willful blindness to, violations of terms to implement a comprehensive managers and employees to perform in Federal environmental law; environmental management system.

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3. Prompt Disclosure and the environment adequately. If over regulated entities that do comply. The regulated entity fully discloses more than 60 days will be needed to EPA may forgive the entire penalty for the specific violation in writing to EPA correct the violation, the regulated violations that meet conditions D(1) within 21 days (or within such shorter entity must so notify EPA in writing through D(9) and, in the Agency’s time as may be required by law) after before the 60-day period has passed. opinion, do not merit any penalty due to the insignificant amount of any the entity discovered that the violation Where appropriate, to satisfy conditions economic benefit. has, or may have, occurred. The time at D(5) and D(6), EPA may require a which the entity discovers that a regulated entity to enter into a publicly F. Effect on State Law, Regulation or violation has, or may have, occurred available written agreement, Policy begins when any officer, director, administrative consent order or judicial consent decree as a condition of EPA will work closely with States to employee or agent of the facility has an encourage their adoption and objectively reasonable basis for obtaining relief under the Audit Policy, particularly where compliance or implementation of policies that reflect believing that a violation has, or may the incentives and conditions outlined have, occurred. remedial measures are complex or a lengthy schedule for attaining and in this Policy. EPA remains firmly 4. Discovery and Disclosure maintaining compliance or remediating opposed to statutory environmental Independent of Government or Third- harm is required. audit privileges that shield evidence of Party Plaintiff environmental violations and 6. Prevent Recurrence undermine the public’s right to know, as (a) The regulated entity discovers and The regulated entity agrees in writing well as to blanket immunities, discloses the potential violation to EPA to take steps to prevent a recurrence of particularly immunities for violations prior to: the violation. Such steps may include that reflect criminal conduct, present (i) The commencement of a Federal, improvements to its environmental serious threats or actual harm to health State or local agency inspection or auditing or compliance management and the environment, allow investigation, or the issuance by such system. noncomplying companies to gain an agency of an information request to the economic advantage over their regulated entity (where EPA determines 7. No Repeat Violations competitors, or reflect a repeated failure that the facility did not know that it was The specific violation (or a closely to comply with Federal law. EPA will under civil investigation, and EPA related violation) has not occurred work with States to address any determines that the entity is otherwise previously within the past three years at provisions of State audit privilege or acting in good faith, the Agency may the same facility, and has not occurred immunity laws that are inconsistent exercise its discretion to reduce or within the past five years as part of a with this Policy and that may prevent a waive civil penalties in accordance with pattern at multiple facilities owned or timely and appropriate response to this Policy); operated by the same entity. For the significant environmental violations. (ii) Notice of a citizen suit; purposes of this section, a violation is: The Agency reserves its right to take (iii) The filing of a complaint by a (a) Any violation of Federal, State or necessary actions to protect public third party; local environmental law identified in a health or the environment by enforcing (iv) The reporting of the violation to judicial or administrative order, consent against any violations of Federal law. EPA (or other government agency) by a agreement or order, complaint, or notice G. Applicability ‘‘whistleblower’’ employee, rather than of violation, conviction or plea by one authorized to speak on behalf of agreement; or (1) This Policy applies to settlement the regulated entity; or (b) Any act or omission for which the of claims for civil penalties for any (v) imminent discovery of the regulated entity has previously received violations under all of the Federal violation by a regulatory agency. penalty mitigation from EPA or a State environmental statutes that EPA (b) For entities that own or operate or local agency. administers, and supersedes any multiple facilities, the fact that one inconsistent provisions in media- facility is already the subject of an 8. Other Violations Excluded specific penalty or enforcement policies investigation, inspection, information The violation is not one which (a) and EPA’s 1995 Policy on ‘‘Incentives request or third-party complaint does resulted in serious actual harm, or may for Self-Policing: Discovery, Disclosure, not preclude the Agency from exercising have presented an imminent and Correction and Prevention of its discretion to make the Audit Policy substantial endangerment, to human Violations.’’ available for violations self-discovered health or the environment, or (b) (2) To the extent that existing EPA at other facilities owned or operated by violates the specific terms of any enforcement policies are not the same regulated entity. judicial or administrative order, or inconsistent, they will continue to apply consent agreement. in conjunction with this Policy. 5. Correction and Remediation However, a regulated entity that has The regulated entity corrects the 9. Cooperation received penalty mitigation for violation within 60 calendar days from The regulated entity cooperates as satisfying specific conditions under this the date of discovery, certifies in writing requested by EPA and provides such Policy may not receive additional that the violation has been corrected, information as is necessary and penalty mitigation for satisfying the and takes appropriate measures as requested by EPA to determine same or similar conditions under other determined by EPA to remedy any applicability of this Policy. policies for the same violation, nor will environmental or human harm due to this Policy apply to any violation that the violation. EPA retains the authority E. Economic Benefit has received penalty mitigation under to order an entity to correct a violation EPA retains its full discretion to other policies. Where an entity has within a specific time period shorter recover any economic benefit gained as failed to meet any of conditions D(2) than 60 days whenever correction in a result of noncompliance to preserve a through D(9) and is therefore not such shorter period of time is feasible ‘‘level playing field’’ in which violators eligible for penalty relief under this and necessary to protect public health do not gain a competitive advantage Policy, it may still be eligible for penalty

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Part VIII

Environmental Protection Agency Small Business Compliance Policy; Notice

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ENVIRONMENTAL PROTECTION environment. The reorganization also voluntary environmental audit, AGENCY improved and enhanced EPA’s ability to promptly disclosing those violations, reach out to small businesses with and correcting them in a timely manner. [FRL±6576±4] information to help them comply with If the small business meets all the Small Business Compliance Policy environmental requirements. Five years criteria in the policy, including after the reorganization, EPA conducted violation history, correction timeframe, AGENCY: Environmental Protection outreach efforts to obtain feedback on and lack of harm, EPA will waive 100% Agency (EPA). compliance and enforcement activities, of the gravity component of the civil ACTION: Final Policy Statement. on ways to further improve public penalty. Moreover, EPA will defer to health, safety and the environment State, local and Tribal actions that are SUMMARY: The Environmental Protection through compliance efforts, and on consistent with the criteria set forth in Agency (EPA) today issues its revised actions the Agency has taken over the this Policy. The Small Business Policy final Small Business Compliance Policy past five years. From these and other provides penalty reduction as an to expand the options allowed under the outreach efforts and from meetings and incentive for small businesses, who are Policy for discovering violations and to conference calls with interested less likely than large businesses to have establish a time period for disclosure. stakeholder groups, OECA received sophisticated environmental expertise, This Policy was originally titled the feedback that improvements were to ask for compliance assistance. This Policy on Compliance Incentives for needed to both its Audit Policy and to policy was also simpler for small Small Businesses. This Policy is its Small Business Policy. In response to businesses to use. intended to promote environmental that feedback, OECA reviewed ways to There are several notable differences compliance among small businesses by improve these Policies. between the existing Audit Policy and providing incentives for voluntary Small Business Policy. First, the Background and History discovery, prompt disclosure, and policies allow penalty reduction for prompt correction of violations. The EPA issued two incentives policies in violations discovered in different ways. Policy accomplishes this in two ways: 1995 and 1996. The ‘‘Incentives for Self- The Audit Policy addresses violations by setting forth guidelines for the Policing: Discovery, Disclosure, discovered through systematic methods Agency to apply in reducing or waiving Correction and Prevention of such as audits as well as through non- penalties for small businesses that come Violations,’’ informally known as the systematic methods. The Small Business forward to disclose and make good faith ‘‘Audit Policy,’’ was issued in December Policy applies only to violations efforts to correct violations, and by 1995. See 60 FR 66706 (Dec. 22, 1995). discovered through audits and during deferring to State, local and Tribal The purpose of the Audit Policy, which government sponsored on-site governments that offer these incentives. is available to entities of any size, is to compliance assistance activities. Major revisions released today include enhance protection of human health, Second, the penalty reduction granted lengthening the prompt disclosure safety and the environment by by the policies varies. The Audit Policy period from 10 to 21 calendar days and encouraging regulated businesses to provides 100% reduction of the gravity broadening the applicability of the voluntarily discover, promptly disclose, component of the penalty (explained Policy to violations uncovered by small expeditiously correct and prevent below) for systematic discoveries (i.e., businesses through any means of violations of federal environmental law. part of a regular audit program) and voluntary discovery. Benefits available to businesses that 75% for non-systematic discoveries. The qualify for the Audit Policy include Small Business Policy grants provides DATES: This policy is effective May 11, reductions in the amount of civil 2000. up to 100% reduction of the gravity penalties and no recommendation for component of the penalty for violations ADDRESSES: Additional documentation prosecution of potential criminal discovered either through regular audits relating to the development of this violations. The Audit Policy has been or during government sponsored on-site policy is contained in the Office of recently modified, and the Final revised compliance assistance activities. Enforcement and Compliance Assurance Audit Policy is being published today in Finally, the period within which (OECA) public docket (EC–P–1999– the Federal Register. violations must be corrected is different. 009). An index to the docket may be To address the special needs of small Under the Audit Policy, businesses obtained by contacting the Enforcement businesses EPA issued the ‘‘Policy on must correct a violation within up to 60 and Compliance Docket and Information Compliance Incentives for Small days of its discovery of the violation to Center by telephone at (202) 564–2614 Businesses,’’ which is commonly called qualify for penalty reduction. Under the or (202) 564–2119, by fax at (202) 564– the ‘‘Small Business Policy,’’ in June Small Business Policy, a business must 1011, or by email at 1996. See 61 FR 27984 June 3, 1996. The generally correct a violation within 180 [email protected]. Office hours are Small Business Policy implements days of its discovery to qualify for 8:00 a.m. to 4:00 p.m., Monday through section 223 of the Small Business penalty reduction, and within 360 days Friday, except legal holidays. An Regulatory Enforcement Fairness Act if the correction involves pollution additional contact is Ginger Gotliffe (SBREFA) of 1996. The term ‘‘small prevention modifications. (202) 564–7072; fax (202) 564–009; e- business’’ will be used throughout this In addition to these notable mail: [email protected]. Policy, however this term will also differences, the Audit Policy addresses SUPPLEMENTARY INFORMATION: cover entities such as small several issues not covered by the Small governments and small organizations as Business Policy; criminal conduct and Introduction defined in SBREFA. Under the existing multi-facility disclosures. The Small Five years ago, EPA reorganized its Small Business Policy, EPA will waive Business Policy is inapplicable for compliance programs. This or reduce civil penalties whenever a criminal violations. Violations that may reorganization was undertaken by small business makes a good faith effort involve criminal conduct can be Administrator Browner with a goal of to comply with environmental addressed under the Audit Policy. In the making EPA’s enforcement and requirements by discovering violations unlikely situation where a disclosure compliance programs more effective in as part of a government sponsored involves a multi-facility business, the protecting public health, safety and the compliance assistance program or a Agency will identify the relevant

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All of these changes agency which is applying a similar will make it easier for small businesses policy and comply with the other There were also issues that the public to take advantage of the Small Business provisions of this Policy. commented on, either through outreach Compliance Policy. These changes activities or in response to the Agency’s result from EPA’s evaluation of 2. Clarify and Lengthen the Disclosure proposed modifications. These covered comments received on our proposed Period reduction of penalties, implementation modification of the Small Business This revised Small Business of the policy, and the combination of Compliance Policy, which was Compliance Policy extends the time the Audit Policy and the Small Business published on July 29, 1999. See 64 FR period within which the small business Compliance Policy. 41116. must fully disclose a violation from 10 1. Penalty Reduction The following sections discuss the to 21 calendar days. The original Policy two major changes that we have made required ‘‘prompt disclosure’’ for EPA did not change the Small to the Small Business Compliance compliance assistance discovery and 10 Business Compliance Policy provisions Policy: expansion of options for day disclosure for discoveries made on reducing or eliminating the gravity discovery of violations and lengthening through an environmental audit. component of civil penalties that it the disclosure period. Lengthening the disclosure period to 21 would otherwise seek. Civil penalties calendar days regardless of how the are made up of two components: a 1. Expanded Options for Discovery of gravity component and an economic Violations violation was discovered will give small businesses more opportunity to make benefit component. The gravity Comments submitted to EPA use of the Small Business Compliance component typically reflects the nature suggested that this Policy should be Policy while allowing EPA to get timely of the violations, the duration of the expanded to include violations that are reporting of violations. Such timely violations, the environmental, safety or discovered by a variety of compliance reporting provides the Agency with public health impacts of the violations, assistance activities, including clear notice of violations that have or good faith efforts by the business to participation in compliance programs or may have occurred and the opportunity promptly remedy the violation, and the the use of tools that have been to respond if necessary, as well as an business’s overall record of compliance developed or sponsored by EPA, the accurate picture of a given businesses’s with environmental requirements. States, and local, private and non-profit compliance record. Lengthening the Under this Policy, the Agency will grant assistance providers. Based on its disclosure period to 21 calendar days is 100% reduction of the gravity evaluation of those comments, EPA has also consistent with a similar change component of the penalty for violations decided in the revised Small Business that EPA made to the Audit Policy. provided all the other criteria in the Compliance Policy to allow small EPA received comment that there policy are met. The Agency believes the businesses to obtain penalty relief if might be situations where small incentive of 100% reduction of the violations are discovered by any businesses would not able to disclose gravity component should encourage voluntary means in addition to within the 21 calendar day period. small businesses to disclose violations discovery as the result of government Therefore the revised Small Business promptly and correct them within the sponsored on-site compliance assistance Compliance Policy addresses this issue. specified time period. activities or environmental audits. For Where the 21 calendar day disclosure The economic benefit component example, voluntary discovery could period has not expired and a small typically reflects any monetary result from compliance management business knows that it will be unable to advantage a small business has derived systems (CMSs), pollution prevention disclose within that time period, the from the violations. For example, if a assessments, participation in mentoring small business is advised to contact the small business significantly reduced its programs, training classes, use of on- appropriate EPA Office before the expenses by not purchasing and line compliance assistance centers, and period expires to request additional installing an emission control device to use of checklists. These programs and time. For situations in which the 21 meet regulatory requirements, then that activities need not be associated with calendar day disclosure period has small business has gained an economic environmental regulatory agencies, but already expired, the Agency may accept benefit or advantage over its competitors may be associated with any public, a late disclosure in the exceptional case, who have complied with the private, or non-profit organization. The such as where there are complex environmental requirements. We Agency wants to encourage circumstances. In such instances, the received a comment that the possibility participation in those programs or small business will need to demonstrate of being subject to the economic benefit activities that could increase that an exceptional case exists. component of a civil penalty would compliance, improve efficiency, and With the broadening of the options for keep small businesses from using the reduce pollution. the discovery of violations, there was policy. However, other commenters There are a variety of activities and some concern by one commenter in a stated that the economic benefit sources of information that a small follow-up conversation about the event component should be retained to protect business can use to learn more about that triggers the beginning of the 21 law abiding small businesses from being environmental regulatory requirements. calendar day disclosure period. The 21 placed at a competitive disadvantage to EPA and the States provide various calendar day disclosure period begins those which do not comply. forms of compliance assistance. Some when the small business discovers that EPA retains discretion to consider and State assistance programs are run as a violation has, or may have, occurred. collect economic benefit where a confidential services to the small Discovery occurs when any officer, significant benefit was gained, although business community. If a small business director, employee or agent of the based on its experience, the Agency

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Implementation of the Policy Facilities that are disclosing violations more small businesses to use the policy involving multiple facilities should refer EPA has modified the Small Business and thereby promote environmental to the sections on multiple facilities in Compliance Policy in format and compliance. the Policy on Incentives for Self- language to provide the information in Policing: Discovery, Disclosure, a more understandable manner. This in Small Business Compliance Policy Correction and Prevention of Violations part helps to respond to comments A. Introduction and Purpose ( the Audit Policy) of April 11, 2000. about how we have implemented the The Small Business Compliance This Policy supersedes the previous Policy. In addition, when they become Policy is intended to promote version of the policy which was called available, EPA will provide a fact sheet, environmental compliance among small the Policy on Compliance Incentives for contact list, and other information about businesses by providing incentives for the Policy at the EPA web site (http:// them to make use of compliance Small Businesses and became effective www.epa.gov/oeca/smbusi.html) to assistance programs, environmental on June 10,1996. To the extent that this increase the usefulness of the Policy. audits, or compliance management Policy may differ from the terms of We will also ensure that other internet systems (CMS), or to participate in any applicable enforcement response sites such as EPA’s Small Business activities that may increase small policies (including penalty policies) Ombudsman web site and the businesses’ understanding of the under media-specific programs, this Compliance Assistance Center’s web environmental requirements with which document supersedes those policies. sites (9 Centers available at http:// they must comply. The Policy www.epa.gov/oeca/centers) link to this D. How Small Businesses Can Qualify accomplishes this in two ways: by for Penalty Reduction information about the Policy. EPA staff waiving or reducing civil penalties to and other compliance assistance which a small business might otherwise EPA will eliminate or reduce the activities and initiatives will also be subject, and by deferring to States provide information about the Small gravity component of civil penalties and local governments or tribal against small businesses based on the Business Compliance Policy. authorities that offer these incentives Enhanced implementation of the following criteria: consistent with the criteria established Policy also involves improved in this Policy. 1. Discovery is Voluntary procedures and coordination within EPA will waive or reduce the gravity EPA. EPA Headquarters and Regional component of civil penalties whenever The small business discovers a staff working on the Audit Policy as a small business makes a good faith violation on its own before an EPA or well as this Small Business Compliance effort to comply with environmental State inspection. For example, a small Policy are coordinating on issues and requirements by: business may discover violations after procedures to ensure national (1) Voluntarily discovering a receiving compliance assistance, consistency in its application and to violation, conducting an environmental audit or improve the timeliness of the Agency’s (2) Promptly disclosing the violation participating in mentoring programs. review of each disclosure. In most within the required time period, and Other activities that may be useful in circumstances, EPA will respond to a (3) Expeditiously correcting the discovering violations include small business within 60 days of violation within the proper timeframe. establishing CMS, using compliance disclosure of a violation. To obtain the benefits of the Policy, checklists, reading materials on 3. Combining Both Compliance the facility must also meet criteria on complying with environmental Incentives Policies violation history, lack of harm, and requirements, using compliance criminal conduct. assistance center web sites, and As part of the Agency’s evaluations of attending training classes. the Audit and Small Business Policies B. Background and given the similarities between the This Policy implements section 223 of The violation must be identified two Policies, EPA asked for comments the Small Business Regulatory voluntarily, and not through a on the advisability of combining them. Enforcement Fairness Act (SBREFA) of monitoring or sampling requirement In particular, the Agency was interested 1996. prescribed by statute, regulation, permit, in whether small businesses would be judicial or administrative order, or C. Applicability more likely to audit (or seek compliance consent agreement. For example, assistance) and self-disclose violations if This Policy applies to facilities owned emissions violations discovered through the two policies were merged. EPA by small businesses as defined here. A a continuous emissions monitor (or received a range of comments small business is a person, corporation, alternative monitor established in a supportive of combining the two partnership, or other entity that employs permit), violations of National Pollutant policies if doing so would simplify the 100 or fewer individuals (across all Discharge Elimination System (NPDES) process for small businesses. After a facilities and operations owned by the discharge limits discovered through careful review, EPA decided that it is small business).1 Entities, as defined required sampling or monitoring, and preferable for small businesses to have violations discovered through a a separate policy tailored specifically for 1 The number of employees should be considered compliance audit required to be as full-time equivalents on an annual basis, performed by terms of a consent order them. The Small Business Compliance including contract employees. Full-time equivalents Policy: (1) Is shorter and simpler, (2) means 2,000 hours per year of employment. For or settlement order are not eligible for contains additional benefits for small example, see 40 CFR 372.3. penalty reduction under the policy.

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2. Disclosure Period is Met the business may take an additional significant economic benefit will occur i. The small business must voluntarily period of up to 180 calendar days, i.e., infrequently. However, EPA retains its disclose a specific violation fully and in up to a period of 360 calendar days from discretion to ensure that small writing to EPA or the State within 21 the date the violation is discovered. businesses that comply with public health protections are not put at a calendar days after the small business 4. When the Policy Does Not Apply has discovered that the violation has serious competitive disadvantage by The Policy does not apply if: occurred, or may have occurred. Prompt those who have not complied. a. The facility has the following disclosure is evidence of the small 2. If a small business does not fit noncompliance history: business’s good faith in wanting to within the guideline E.1.immediately i. It has previously received a warning achieve or return to compliance as soon above, this Policy does not provide any letter, notice of violation, or field as possible. For purposes of this Policy, special penalty reduction. However, if a citation, or been subject to a citizen suit the time at which a small business small business has otherwise made a or any other enforcement action by a discovers that a violation has or may good faith effort to comply, EPA has government agency for a violation of the have occurred begins when any officer, discretion, pursuant to its applicable same requirement within the past three director, employee, or agent of the enforcement response or penalty years. facility becomes aware of any facts that policies, to waive or reduce civil ii. It has been granted penalty 3 reasonably lead him or her to believe penalties. reduction under this Policy (or a similar 3. Further, the Agency’s enforcement that a violation may exist. If a small State or Tribal policy) for a violation of response and penalty policies may business has some doubt as to the the same or a similar requirement allow for penalty reduction where the existence of a violation, EPA within the past three years. small business is able to document an recommends that the business make a iii. It has been subject to two or more inability to pay all or a portion of the prompt disclosure and allow the enforcement actions for violations of penalty. Penalty reduction in this regulatory authorities to make a environmental requirements in the past situation allows the small business to definitive determination. This will five years, even if this is the first stay in business and to finance ensure that the small business meets the violation of this particular requirement. compliance. See Guidance on disclosure period requirement. b. The violation was discovered Determining a Violator’s Ability to Pay ii. The disclosure of the violation through an information request, a Civil Penalty of December 1986 (see must occur before the violation was inspections, field citations, reported to a http://www.epa.gov/oeca/ore/aed/ otherwise discovered by, or reported to federal, state or local agency by a comp/acomp/a1.html). Penalties also EPA, the appropriate state or local member of the public or a may be reduced pursuant to the Final regulatory agency. See section F.1 of the ‘‘whistleblower’’ employee, identified in EPA Supplemental Environmental Policy below. Good faith also requires notices of citizen suits, previously Projects Policy of May 1998 (63 FR that a small business cooperate with reported to an agency, or through an 24796, June 5, 1998, available at http:/ EPA and in a timely manner provide investigation unless the facility can /www.epa.gov/oeca/sep/sepfinal.html) such information requested by EPA to demonstrate that it did not know that and Incentives for Self-Policing: determine applicability of this Policy. the agency had initiated the Discovery, Disclosure, Correction and iii. If a small business wishes to investigation and has disclosed in good Prevention of Violations Policy of April obtain a corrections period after faith. 11, 2000. receiving compliance assistance from a c. The violation has caused actual 4. This Policy sets forth how the confidential assistance program, the serious harm to public health, safety, or Agency expects to exercise its business may still take advantage of the the environment; enforcement discretion in deciding on policy by disclosing the violation to the d. The violation is one that may an appropriate enforcement response appropriate regulatory agency. present an imminent and substantial and determining an appropriate civil 3. Violation is Corrected endangerment to public health, safety or penalty for violations by small The business corrects the violation the environment; or businesses. It states the Agency’s views e. The violation involves criminal within the corrections period set forth as to the proper allocation of conduct. below. Small businesses are expected to enforcement resources. This Policy is not final agency action and is intended remedy the violations within the E. Penalty Reduction Guidelines That as guidance. It does not create any shortest practicable period of time. EPA Will Follow rights, duties, obligations, or defenses, Correcting the violation includes EPA will exercise its enforcement remediating any environmental harm implied or otherwise, in any third discretion to eliminate or reduce civil parties. associated with the violation, as well as penalties as follows. putting into place procedures to prevent 1. EPA will waive the gravity F. Enforcement for Violations Not the violation from happening again. component of the civil penalty if a small Promptly Corrected i. For any violation that cannot be business satisfies all of the criteria in To ensure that this Policy enhances corrected within 90 calendar days of its section D. If, however a small business and does not compromise public health discovery, the small business must has obtained a significant economic and the environment, a business submit a written schedule, or the agency benefit from the violation(s), EPA will remains subject to all applicable may, at its sole discretion, elect to issue still waive 100% of the gravity enforcement response policies (which a compliance order with a schedule, as component of the penalty, but may seek may include discretion whether or not appropriate. The small business must the full amount of the significant to take formal enforcement action) for correct any violations within 180 economic benefit associated with the all violations that were not remedied calendar days after the date that they violations.2 EPA anticipates that such a within the corrections period. The were discovered. ii. If the small business intends to 2 The ‘‘gravity component’’ of the penalty 3 For example, in some media specific penalty correct the violation by putting into includes everything except the economic benefit policies, the penalty calculation may be reduced to place pollution prevention measures, amount. account for good faith efforts to comply.

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Part IX

Department of Education Office of Special Education and Rehabilitative Services; List of Correspondence; Notice

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DEPARTMENT OF EDUCATION Part A—General Provisions placement within a State if an appropriate placement for a child with Section 607—Requirements for Office of Special Education and a disability is available at no cost to the Prescribing Regulations Rehabilitative Services List of parents. Correspondence Topic Addressed: Policy Interpretation Topic Addressed: Children With Under Part B of the Individuals With Disabilities Placed in Private Schools by AGENCY: Department of Education. Disabilities Education Act Their Parents • OSEP memorandum 00–1 dated ACTION: List of Correspondence from • Letter dated November 15, 1999 to October 7, 1999 to Chief State School October 1, 1999 through December 31, Baton Rouge, Louisiana Special Officers, regarding the determination 1999. Education Department Director Sharon that the letter dated October 8, 1998 to M. Crary, regarding the requirement for Wisconsin Superintendent of Public SUMMARY: The Secretary is publishing public agencies to expend a Instruction John T. Benson regarding the following list pursuant to section proportionate share of available Federal public charter schools contained an 607(d) of the Individuals with funds on services for parentally-placed interpretation that raised an issue of Disabilities Education Act (IDEA). private school children with disabilities, national significance to the Under section 607(d) of IDEA, the even though districts can count for implementation of Part B of IDEA. Secretary is required, on a quarterly purposes of generating Part B funds only basis, to publish in the Federal Register Part B—Assistance for Education of All those parentally-placed private school a list of correspondence from the Children With Disabilities children with disabilities whom they are serving, and clarifying the two Department of Education received by Section 611—Authorization; Allotment; required child counts for these children. individuals during the previous quarter Use of Funds; Authorization of that describes the interpretations of the Appropriations Topic Addressed: State Educational Department of Education of IDEA or the Agency General Supervisory Topic Addressed: Use of Funds regulations that implement IDEA. Responsibility • Letter dated December 27, 1999 to FOR FURTHER INFORMATION CONTACT: • Letter dated October 29, 1999 to Northern Mariana Islands Federal Washington State Director of Special JoLeta Reynolds or Rhonda Weiss. Program Officer William Matson, Education Douglas Gill, responding to Telephone: (202) 205–5507. Individuals regarding whether use of Part B funds an inquiry about the doctrine of res who use a telecommunications device for the purchase of a school bus to be judicata and clarifying that a State is not for the deaf (TDD) may call (202) 205– used exclusively to meet the special relieved of its obligation to resolve an 5465 or the Federal Information Relay needs of eligible disabled students is an issue raised in a complaint filed with Service (FIRS) at 1–800–877–8339 allowable cost. between 8:00 a.m. and 8:00 p.m., the State if the merits of that issue were Eastern time, Monday through Friday, Section 612—State Eligibility not decided in a prior due process except Federal holidays. hearing involving the same parties. Topic Addressed: Free Appropriate • Letter dated December 3, 1999 to Individuals with disabilities may Public Education California Department of Education obtain a copy of this notice in an • Letter dated November 8, 1999 to Chief Deputy Superintendent Leslie alternate format (e.g., Braille, large print, Fredric B. Garner, M.D., clarifying that Fausset, regarding the State’s audiotape, or computer diskette) on decisions about services provided to longstanding failure to exercise its request to Katie Mincey, Director of the each child must be based on each general supervisory responsibility Alternate Formats Center. Telephone: child’s special education and related effectively through a corrective action (202) 205–8113. services needs, and that the entitlement plan to achieve State-wide compliance under Part B of IDEA is to a free and the State’s tardiness in submitting SUPPLEMENTARY INFORMATION: The appropriate public education, and not to a report as required under the special following list identifies correspondence a particular label. conditions to its Federal Fiscal Year from the Department issued between Topic Addressed: Least Restrictive (FFY) 1999 Part B of IDEA grant award. October 1, 1999 and December 31, 1999. • Letter dated December 17, 1999 to Environment Included on the list are those letters Attorney Marc Grober regarding • that contain interpretations of the Letter dated November 19, 1999 to requirements for States receiving IDEA requirements of IDEA and its Montgomery County Maryland Public FFY 1998 and FFY 1999 Part B funds to implementing regulations, as well as Schools Department of Special provide assurances in order to comply Education Director Raymond W. Bryant, letters and other documents that the with the IDEA Amendments of 1997. regarding the application of the least • Department believes will assist the Letter dated December 27, 1999 to restrictive environment requirements to Pennsylvania Big Spring School District public in understanding the the proposed movement of children Superintendent Dr. William Kerr requirements of the law and its with disabilities from special education Cowden, regarding the provisions in the regulations. The date and topic centers to other settings, including IDEA Amendments of 1997 that reduce addressed by a letter are identified, and requirements to make available a unnecessary paperwork, and clarifying summary information is also provided, continuum of alternative placements that States may impose their own as appropriate. To protect the privacy and to give parents written prior notice requirements to govern the education of interests of the individual or individuals in accordance with the change of students with disabilities, as long as involved, personally identifiable placement procedures. those State requirements are not in information has been deleted, as • Letter dated December 27, 1999 to conflict with Federal requirements. appropriate. individual, (personally identifiable information redacted), regarding Topic Addressed: Personnel Standards whether a State is compelled to • Letter dated December 1, 1999 to maintain a special or residential school individual (personally identifiable

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Topic Addressed: Information Required • TRICARE Management Activity, for State Program Grants Letter dated November 24, 1999 to requesting clarification of, and New York State Education Department • amendment to, a Department of Defense OSEP memorandum 00–4 dated Deputy Commissioner Lawrence proposed regulation to provide that November 3, 1999 to State Directors of Gloeckler, regarding the State’s Special Education, clarifying the discretion to require its local CHAMPUS and TRICARE is first payor eligibility documentation and public educational agencies that place for early intervention services under participation requirements that States preschool age students with disabilities Part C of IDEA, as required by the IDEA must meet to comply with Part B of in approved private preschool special Amendments of 1997. IDEA. education programs to provide those Electronic Access to This Document Section 614—Evaluations, Eligibility programs with an amount equal to the Determinations, Individualized flow-through dollars generated by the You may view this document, as well Education Programs, and Educational individual students, and clarifying that as all other Department of Education Placements if LEAs provide section 619 funds to documents published in the Federal those schools, those funds must be used Register, in text or Adobe Portable Topic Addressed: Individualized in accordance with the requirements of Education Programs Document Format (PDF) on the Internet Part B of IDEA, including the applicable at either of the following sites: • Letter dated October 6, 1999 to cost principles. Winston-Salem and Forsyth County http://ocfo.ed.gov/fedreg.htm Schools, North Carolina Attorney Part C—Infants and Toddlers With http://www.ed.gov/news.html Disabilities Douglas S. Punger, regarding the ability To use the PDF you must have the of the parents of a child with autism to Sections 631–641 Adobe Acrobat Reader Program with invite parents of other students with Topic Addressed: Definitions Search, which is available free at either disabilities to their child’s of the previous sites. If you have individualized education program (IEP) • Letter dated December 15, 1999 to questions about using the PDF, call the meeting, and the responsibility of the Permanent Judicial Commission on U.S. Government Printing Office (GPO), IEP team to determine, if appropriate, Justice for Children Member Sheryl toll free, at 1–800–293–6498; or in the whether a child with autism should Dicker, clarifying that the Part C Washington, DC, area at (202) 512–1530. receive applied behavioral analysis. regulatory definition of ‘‘parent,’’ like Note: The official version of this document Section 615—Procedural Safeguards the statutory definition applicable under both Parts B and C of IDEA, does not is the document published in the Federal Topic Addressed: Student Discipline include the ‘‘State’’ if the State is the Register. Free Internet access to the official edition of the Federal Register and the Code • Letter dated December 7, 1999 to child’s guardian. of Federal Regulations is available on GPO Iacocca Professor of Education Perry A. Section 635—Requirements for Access at: http://www.access.gpo.gov/nara/ Zirkel, regarding the requirements in the Statewide System index.html. IDEA Amendments of 1997 and the March 12, 1999 final regulations that are Topic Addressed: State Lead Agency (Catalog of Federal Domestic Assistance applicable to students with disabilities General Supervisory Responsibility Number 84.027, Assistance to States for Education of Children with Disabilities) removed from their current placements • Letter dated December 15, 1999 to for more than 10 school days in a school Mississippi State Health Officer Dr. E.F. Dated: April 6, 2000. year. Thompson, Jr., regarding a Part C State Curtis L. Richards, Section 619—Preschool Grants lead agency’s general supervisory Acting Assistant Secretary for Special responsibility to ensure State-wide Education and Rehabilitation Services. Topic Addressed: Procedures for compliance within its Part C system and [FR Doc. 00–8962 Filed 4–10–00; 8:45 am] Allocating Preschool Grants to identify whether deficiencies in some BILLING CODE 4000±01±U • Letter dated October 21, 1999 to districts exist in other districts and to New York State Education Department correct all identified deficiencies.

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Part X

The President Proclamation 7287—National Volunteer Week, 2000

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Federal Register Presidential Documents Vol. 65, No. 70

Tuesday, April 11, 2000

Title 3— Proclamation 7287 of April 7, 2000

The President National Volunteer Week, 2000

By the President of the United States of America

A Proclamation

Each year our Nation is blessed by the service of more than 100 million Americans who take time out of their busy lives to reach out to those in need. Volunteers come from every age group and walk of life, yet they share a common conviction: that by giving of themselves, they can bridge the divide between strangers, create stronger families, and build better com- munities. National Volunteer Week offers us a chance to thank the many volunteers whose work and compassion add so much to the quality of our lives. It also gives those who have never volunteered the opportunity to learn more about the many organizations that would benefit from their time and talents. People who enjoy sports can volunteer at a Special Olympics event; those who love the arts can work as docents in a gallery or historic home; those who love to read can share that love through a literacy program. Our success with the AmeriCorps program demonstrates the power and promise of community service in America. Since we passed the National and Community Service Trust Act in 1993, more than 150,000 young people have served in AmeriCorps. They have taught or mentored more than 4 million children; helped to immunize more than a million people; worked to build some 11,000 homes; and sparked a new spirit of community service across our Nation. In my proposed budget for fiscal 2001, I have included funding to reach our goal of 100,000 AmeriCorps members in service each year. I have also outlined a new AmeriCorps Reserves program that will allow us to call upon AmeriCorps alumni during times of special need, such as following natural disasters. The Corporation for National Service will commit $10 million to create a new ‘‘E-corps’’—750 qualified AmeriCorps volunteers who will help to bring digital opportunity to commu- nities by providing technical support to school computer systems, tutoring at Community Technology Centers, and offering technical training for careers in the information technology sector. Through a new Community Coaches program, we will place adults in 1,000 schools to help engage students in service programs that will connect them to the wider community. And through new Youth Empowerment Grants, we will reward social entrepre- neurship among young people who are seeking solutions to problems such as youth violence and alienation. Dr. Martin Luther King, Jr., reminded us that ‘‘everyone can be great because anyone can serve.’’ During National Volunteer Week, let us pause to thank all who have responded to that call to greatness, and let each of us make our own commitments to volunteer in our neighborhoods and communities. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 9 through April 15, 2000, as National Volunteer Week. I call upon all Americans to observe this week with appropriate programs, ceremonies, and activities to express appreciation to the volunteers among us for their commitment to service and to encourage the spirit of volunteerism in our families and communities.

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IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of April, in the year of our Lord two thousand, and of the Independence of the United States of America the two hundred and twenty-fourth. œ–

[FR Doc. 00–9207 Filed 4–10–00; 11:16 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 65, No. 70 Tuesday, April 11, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 17987, 18879, 18881, 18883, 3 CFR 19296, 19298, 19299, 19300, Presidential Documents Proclamations: 10302, 19305, 19306, 10308, Executive orders and proclamations 523±5227 7283...... 17552 10310, 10313 The United States Government Manual 523±5227 7284...... 17981 71 ...... 17588, 17589, 19315, 7285...... 17983 19316, 19317 7286...... 17985 Other Services 91...... 17736 7287...... 19641 93...... 17736 Electronic and on-line services (voice) 523±4534 97...... 17990, 17991 Privacy Act Compilation 523±3187 5 CFR 121...... 17736, 18886 Public Laws Update Service (numbers, dates, etc.) 523±6641 532...... 17755 135...... 17736 TTY for the deaf-and-hard-of-hearing 523±5229 1201...... 19293 Proposed Rules: 23...... 17613 7 CFR ELECTRONIC RESEARCH 39 ...... 17471, 17818, 17822, 985...... 17756 17824, 17827, 18010, 18258, World Wide Web 989...... 18871 18260, 19345, 19348, 19350 Full text of the daily Federal Register, CFR and other Proposed Rules: 71...... 17616 publications: 28...... 17609 158...... 18932 984...... 17809 http://www.access.gpo.gov/nara 1218...... 17612 16 CFR Federal Register information and research tools, including Public 305...... 17554 8 CFR Inspection List, indexes, and links to GPO Access: Proposed Rules: http://www.nara.gov/fedreg 214...... 18432 250...... 18933 248...... 18432 E-mail 17 CFR 9 CFR PENS (Public Law Electronic Notification Service) is an E-mail 242...... 18888 service for notification of recently enacted Public Laws. To 71...... 18875 subscribe, send E-mail to 80...... 18875 18 CFR 91...... 19294 [email protected] 2...... 18221 201...... 17758 35...... 18221, 18229 with the text message: Proposed Rules: 385...... 18229 subscribe PUBLAWS-L your name 93...... 17455 19 CFR Use [email protected] only to subscribe or unsubscribe to 10 CFR PENS. We cannot respond to specific inquiries. Proposed Rules: 72...... 17552 134...... 17473 Reference questions. Send questions and comments about the Proposed Rules: Federal Register system to: 71...... 18010 20 CFR [email protected] 73...... 18010 404...... 17994 416...... 17994 The Federal Register staff cannot interpret specific documents or 11 CFR regulations. Proposed Rules: 21 CFR 101...... 19339 211...... 18888 FEDERAL REGISTER PAGES AND DATE, APRIL 102...... 19339 720...... 18888 104...... 19339 17435±17582...... 3 809...... 18230 109...... 19339 864...... 18230 17583±17754...... 4 114...... 19339 870...... 19317 17755±17986...... 5 9003...... 19339 872...... 18234 17987±18220...... 6 9033...... 19339 876...... 18236 18221±18870...... 7 888...... 19317 12 CFR 18871±19292...... 10 890...... 19317 19293±19642...... 11 951...... 17435 1301...... 17552 997...... 17435 1308...... 17440, 17552 Proposed Rules: Proposed Rules: 560...... 17811 10...... 18934 915...... 17458 111...... 17474 201...... 18934 13 CFR 250...... 18934 120...... 17439 290...... 18934 310...... 18934 14 CFR 329...... 18934 25...... 19294 341...... 18934 39 ...... 17583, 17586, 17763, 361...... 18934

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369...... 18934 162...... 18242 Proposed Rules: 52...... 18256 606...... 18934 Proposed Rules: 52 ...... 17841, 18014, 18266, 64...... 18255 610...... 18934 110...... 18261 18947, 19353 73 ...... 17607, 17775, 19336 117...... 18264 62...... 18266, 18956 101...... 17445 24 CFR 165...... 18261 63...... 19152 Proposed Rules: 200...... 17974 141...... 17842, 19046 1...... 19580 34 CFR 142...... 17842, 19046 73 ...... 17617, 17618, 17619 26 CFR 75...... 19606 258...... 18014 Proposed Rules: 379...... 18214 300...... 18956 1...... 17829, 17835 611...... 19606 434...... 19440 48 CFR 20...... 17835 674...... 18001 761...... 18018 Proposed Rules: 25...... 17835 15...... 17582 301...... 17617 37 CFR 42 CFR Proposed Rules: 409...... 18434 49 CFR 27 CFR 1...... 17946, 18154 410...... 18434, 19330 Proposed Rules: 5...... 17946 411...... 18434, 19330 533...... 17776 4...... 17839 201...... 17840 412...... 18434 Proposed Rules: 275...... 17477 413...... 18434 195...... 18020 38 CFR 414...... 19330 544...... 18267 30 CFR 21...... 18151 415...... 19330 571...... 17842 250...... 18432 Proposed Rules: 419...... 18434 1180...... 18021 913...... 18237 21...... 17477 424...... 18434 931...... 18889 485...... 19330 39 CFR 489...... 18434 50 CFR 31 CFR 111...... 17593, 17766 498...... 18434 17...... 17779 Ch. 5 ...... 17590 1003...... 18434 226...... 17786 210...... 18866 40 CFR 300...... 17805 52 ...... 17444, 17768, 17771, 46 CFR 600...... 17805 32 CFR 18003, 18008, 18009, 18245, Proposed Rules: 660...... 17805, 17807 318...... 18894 18901, 18903, 19319, 19323 310...... 18957 679 ...... 17808, 18257, 19338 323...... 18900 60...... 18906 Proposed Rules: 581...... 17440 62 ...... 18249, 18252, 18909 47 CFR 17...... 18026 Proposed Rules: 93...... 18911 22...... 17445 223...... 17852 327...... 18938 180...... 17773 24...... 18255 600...... 18270, 18271 1820...... 19328 17773 27...... 17594 635...... 18960 33 CFR 261...... 18918 43...... 18926 648...... 18270, 18271 117 ...... 17443, 17766, 18242 300...... 18925 51...... 19335 679...... 18028, 19354

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REMINDERS requests; published 4-11- Certification integrity; Arizona; comments due by The items in this list were 00 comments due by 4-20- 4-17-00; published 3-3-00 editorially compiled as an aid 00; published 1-21-00 California; comments due by to Federal Register users. COMMENTS DUE NEXT AGRICULTURE 4-17-00; published 3-3-00 Inclusion or exclusion from WEEK DEPARTMENT Indiana; comments due by this list has no legal Import quotas and fees: 4-17-00; published 3-3-00 significance. AGRICULTURE Sugar-containing products; FEDERAL RESERVE DEPARTMENT tariff-rate quota licensing; SYSTEM comments due by 4-17- Bank holding companies and RULES GOING INTO Agricultural Marketing 00; published 3-17-00 Service change in bank control EFFECT APRIL 11, 2000 COMMERCE DEPARTMENT Livestock Mandatory Reporting (Regulation Y): National Oceanic and Financial holding company AGRICULTURE Act: Atmospheric Administration requirementsÐ DEPARTMENT Livestock packers and Fishery conservation and Elections by foreign Agricultural Marketing products processors and management: importers; market banks, etc.; comments Service Magnuson-Stevens Act reporting requirements; due by 4-17-00; provisionsÐ Raisins produced from grapes comments due by 4-17- published 3-21-00 grown inÐ Atlantic herring; comments 00; published 3-17-00 HEALTH AND HUMAN California; published 4-10-00 due by 4-21-00; Onions grown inÐ published 3-7-00 SERVICES DEPARTMENT ENVIRONMENTAL Texas; comments due by 4- DEFENSE DEPARTMENT Food and Drug PROTECTION AGENCY 17-00; published 2-16-00 Administration Air programs: Privacy Act; implementation; Papayas grown inÐ Food for human consumption: Stratospheric ozone comments due by 4-17-00; Hawaii; comments due by Food labelingÐ protectionÐ published 2-16-00 4-18-00; published 2-18- Trans fatty acids in Ozone-depleting ENVIRONMENTAL 00 nutrition labeling, substances; substitutes PROTECTION AGENCY Perishable Agricultural nutrient content claims, list; published 4-11-00 Air quality implementation Commodities Act; plans: and health claims; Solid wastes: implementation: Interstate ozone transport comments due by 4-17- Municipal solid waste landfill License and complaint filing reductionÐ 00; published 2-16-00 permit programs; fees increase; comments Nitrogen oxides Foods for human adequacy due by 4-17-00; published emissions; stay of 8- consumption: determinationsÐ 2-15-00 hour portion of findings Food labelingÐ Kansas, Missouri, and Prunes (dried) produced inÐ of significant Dietary supplements; use Nebraska; published 1- California; comments due by contribution and 12-00 of health claims based 4-17-00; published 1-19- rulemaking; comments on authoritative Water supply: 00 due by 4-17-00; statements; meeting; National primary drinking Spearmint oil produced in Far published 3-1-00 comments due by 4-19- water regulationsÐ West; comments due by 4- Air quality implementation 00; published 3-16-00 Lead and copper; 17-00; published 2-17-00 plans; approval and INTERIOR DEPARTMENT published 1-12-00 promulgation; various AGRICULTURE Fish and Wildlife Service FEDERAL DEPARTMENT States: COMMUNICATIONS California; comments due by Endangered and threatened Animal and Plant Health species: COMMISSION Inspection Service 4-21-00; published 3-22- 00 Findings on petitions, etc.Ð Common carrier services: Animal welfare: Florida; comments due by Yellow-billed cuckoo; Local telephone networks Potentially dangerous 4-17-00; published 3-17- comments due by 4-17- that incumbant local animals; training and 00 00; published 2-17-00 telephone companies handling; policy statement; New Mexico; comments due must make available to comments due by 4-18- Mountain yellow-legged frog; by 4-19-00; published 3- competitors; portion 00; published 2-18-00 southern California distinct 20-00 vertebrate population specifications; published Interstate transportation of Oregon; comments due by segment; comments due 4-11-00 animals and animal products 4-21-00; published 3-22- by 4-19-00; published 3- LABOR DEPARTMENT (quarantine): 00 20-00 Pension and Welfare Tuberculosis in cattle, bison, FARM CREDIT INTERIOR DEPARTMENT Benefits Administration goats, and captive ADMINISTRATION Employee Retirement Income cervidsÐ Surface Mining Reclamation Farm credit system: and Enforcement Office Security Act: State and zone Disclosure to shareholdersÐ designations; comments Abandoned mine land Civil penalties; assessment; Annual reporting due by 4-21-00; reclamation: published 2-11-00 requirements; comments published 3-7-00 Medical care to employees due by 4-17-00; Fee collection and coal of two or more employers; State and zone published 3-17-00 production reporting; OSM-1 Form; electronic multiple employer welfare designations; correction; Loan policies and filing; comments due by arrangements and other comments due by 4-21- operationsÐ entities providing 00; published 3-24-00 4-17-00; published 2-15- Loans to designated 00 coverage; reporting AGRICULTURE parties; approval; requirements; published 2- DEPARTMENT comments due by 4-17- LIBRARY OF CONGRESS 11-00 Food and Nutrition Service 00; published 3-17-00 Copyright Office, Library of MERIT SYSTEMS Child nutrition programs: FEDERAL Congress PROTECTION BOARD Women, infants, and COMMUNICATIONS Copyright office and Practice and procedure: children; special COMMISSION procedures: Hearing tape recordings and supplemental nutrition Radio stations; table of Sound recordings, public written transcripts; copy programÐ assignments: performance; service

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definition; comments due Supplementary financial TREASURY DEPARTMENT 6641. This list is also by 4-17-00; published 3- information; comments Comptroller of the Currency available online at http:// 16-00 due by 4-17-00; published Independent trust banks; www.nara.gov/fedreg. NATIONAL ARCHIVES AND 1-31-00 assessment formula; RECORDS ADMINISTRATION TRANSPORTATION comments due by 4-20-00; The text of laws is not National security-classified DEPARTMENT published 3-21-00 published in the Federal information; declassification; Coast Guard Register but may be ordered TREASURY DEPARTMENT in ``slip law'' (individual comments due by 4-17-00; Pollution: Internal Revenue Service pamphlet) form from the published 2-17-00 Single hull tank vessels; Income taxes: Superintendent of Documents, Correction; comments due phase-out date U.S. Government Printing by 4-17-00; published 2- requirements; clarification; Asset transfers to Regulated Investment Companies Office, Washington, DC 20402 28-00 comments due by 4-17- (phone, 202±512±1808). The 00; published 1-18-00 (RICs) and Real Estate NATIONAL CREDIT UNION Investment Trusts text will also be made Regattas and marine parades: ADMINISTRATION (REITs); cross-reference available on the Internet from Credit unions: Miami Super Boat Grand and hearing; comments GPO Access at http:// Prompt corrective actionÐ Prix; comments due by 4- due by 4-19-00; published www.access.gpo.gov/nara/ 17-00; published 3-2-00 Risk-based net worth 2-7-00 index.html. Some laws may requirement; comments TRANSPORTATION Hyperinflationary currency; not yet be available. due by 4-18-00; DEPARTMENT definition; comments due published 2-18-00 Federal Aviation by 4-20-00; published 1- H.R. 5/P.L. 106±182 Administration NORTHEAST DAIRY 13-00 Senior Citizens' Freedom to COMPACT COMMISSION Airworthiness directives: VETERANS AFFAIRS Work Act of 2000 (Apr. 7, Airbus; comments due by 4- Over-order price regulations: DEPARTMENT 2000; 114 Stat. 198) 17-00; published 3-16-00 Supply management Adjudication; pensions, Bell; comments due by 4- Last List April 10, 2000 program; hearings; compensation, dependency, 17-00; published 2-17-00 comments due by 4-19- etc.: Cameron Ballons, Ltd.; 00; published 3-8-00 Benefit claims decisions; comments due by 4-17- review; comments due by PERSONNEL MANAGEMENT 00; published 2-22-00 Public Laws Electronic OFFICE 4-18-00; published 2-18- Notification Service Cessna Aircraft Co.; 00 Excepted service, career comments due by 4-17- (PENS) Claims based on tobacco conditional employment 00; published 2-22-00 product effects; comments system, and promotion and Rolls-Royce plc; comments internal placement: due by 4-17-00; published due by 4-17-00; published 2-16-00 PENS is a free electronic mail Veterans Employment 2-16-00 notification service of newly Board of Veterans Appeals: Opportunities Act; staffing Class E airspace; comments enacted public laws. To provisions; comments due due by 4-17-00; published Appeals regulations and subscribe, go to www.gsa.gov/ by 4-17-00; published 3- 3-22-00 rules of practiceÐ archives/publaws-l.html or 17-00 TREASURY DEPARTMENT Subpoenas; clarification; send E-mail to comments due by 4-17- POSTAL SERVICE Alcohol, Tobacco and [email protected] with 00; published 2-15-00 Practice and procedure: Firearms Bureau the following text message: Administrative subpoenas; Alcohol, tobacco, and other SUBSCRIBE PUBLAWS-L issuance procedures in excise taxes: LIST OF PUBLIC LAWS Your Name. investigations of false Tobacco productsÐ representations and Importation restrictions, This is a continuing list of Note: This service is strictly lotteries; comments due markings, minimum public bills from the current for E-mail notification of new by 4-17-00; published 3- manufacturing session of Congress which laws. The text of laws is not 16-00 requirements, and have become Federal laws. It available through this service. SECURITIES AND penalty provisions; may be used in conjunction PENS cannot respond to EXCHANGE COMMISSION comments due by 4-20- with ``P L U S'' (Public Laws specific inquiries sent to this Securities: 00; published 3-21-00 Update Service) on 202±523± address.

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