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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, Oklahoma and Texas, 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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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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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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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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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
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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
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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,
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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
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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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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
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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
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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
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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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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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(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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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
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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
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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
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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
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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
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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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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)
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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
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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
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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
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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
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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
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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
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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).
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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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(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.
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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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* * *’’ 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.
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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.
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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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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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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
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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
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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
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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
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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,
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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
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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
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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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§ 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
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()− 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 Esyy2 . 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
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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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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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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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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
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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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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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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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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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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
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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
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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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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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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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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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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.
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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
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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.
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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
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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
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
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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.
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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.
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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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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
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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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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
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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 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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(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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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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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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