Pages 26653±26830 Vol. 64 5±17±99 eDt 6MY9 64 a 4 99Jt134 O000Fm001Ft41 ft41 :F\M1MW.X fm1PsN:17MYWS pfrm01 E:\FR\FM\17MYWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 16:40May14, 1999 VerDate 06-MAY-99 No. 94 federal register May 17,1999 Monday 1 II Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999

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

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Contents Federal Register Vol. 64, No. 94

Monday, May 17, 1999

Agriculture Department Energy Efficiency and Renewable Energy Office See Forest Service RULES Energy conservation: Air Force Department Alternative fuel transportation program— NOTICES P-series fuels; definition, 26821–26829 Meetings: Scientific Advisory Board, 26738 Environmental Protection Agency PROPOSED RULES Antitrust Division Radiation protection programs: NOTICES Los Alamos National Laboratory; transuranic radioactive Competitive impact statements and proposed consent waste proposed for disposal at Waste Isolation Pilot judgments: Plant; documents availability, 26713–26714 Citadel Communications Corp., Triathlon Broadcasting Water pollution; effluent guidelines for point source Co, and Capstar Broadcasting Corp., 26776–26782 categories: Suiza Foods Corp. and Broughton Foods Co., 26782– Waste combustors, 26714–26715 26790 NOTICES Air pollutants, hazardous; national emission standards: Arts and Humanities, National Foundation Clean Air Act— Source categories list and standards schedule; revision, See National Foundation on the Arts and the Humanities 26743–26745 Meetings: Centers for Disease Control and Prevention Oxygenate use in gasoline; blue-ribbon panel, 26745 NOTICES Reports and guidance documents; availability, etc.: Grants and cooperative agreements; availability, etc.: Self-policing incentives; discovery, disclosure, correction, Children riding in motor vehicles; community-based and prevention of violations; policy statement, intervention research, 26759–26761 26745–26756 Chlamydia trachomatis infection in asymptomatic males; Superfund program: urine-based diagnostic tests; translational research, Prospective purchaser agreements— 26761–26765 Zephyr Refinery Site, MI, 26756 National Sexual Violence Resource Center; correction, 26765 Executive Office of the President See Management and Budget Office Coast Guard See Trade Representative, Office of United States RULES Pollution: Export Administration Bureau National Invasive Species Act of 1996; implementation, NOTICES 26672–26690 Meetings: Materials Technical Advisory Committee, 26737 Commerce Department See Export Administration Bureau Federal Aviation Administration See National Oceanic and Atmospheric Administration RULES Airworthiness directives: Defense Department Bombardier, 26653–26656 See Air Force Department Class E airspace, 26656 PROPOSED RULES Education Department Airworthiness directives: NOTICES Learjet, 26703–26705 Agency information collection activities: Class B and Class D airspace, 26705–26711 Proposed collection; comment request, 26738–26739 Class E airspace, 26712–26713

Energy Department Federal Communications Commission See Energy Efficiency and Renewable Energy Office RULES See Federal Energy Regulatory Commission Radio stations; table of assignments: NOTICES Nevada, 26697 Meetings: PROPOSED RULES Environmental Management Site-Specific Advisory Radio stations; table of assignments: Board— Arizona, 26717 Oak Ridge Reservation, TN, 26740 Colorado, 26718–26719 Pantex Plant, TX, 26739 Hawaii, 26717 Rocky Flats, CO, 26739–26740 Mississippi, 26719 High Energy Physics Advisory Panel, 26740–26741 Various States, 26720

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Federal Emergency Management Agency Food and Drug Administration RULES RULES Flood elevation determinations: Animal drugs, feeds, and related products: Various States, 26690–26697 Ivermectin and clorsulon, 26670–26671 PROPOSED RULES Oxytetracycline injection, 26670 Flood elevation determinations: Sulfadimethoxine with Ormetoprim, 26671–26672 Various States, 26715–26717 Human drugs: NOTICES Antibiotic drug certification; regulations removed, 26657 Disaster and emergency areas: Human drugs and biological products: Florida, 26756–26757 In vivo radiopharmaceuticals used for diagnosis and Kansas, 26757 monitoring— Missouri, 26757–26758 Medical imaging drugs and biologics; development Oklahoma, 26758–26759 evaluation and approval; guidance availability, 26657–26670 Federal Energy Regulatory Commission NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 26765– Williams Gas Pipelines Central, Inc., 26742–26743 26766 Applications, hearings, determinations, etc.: Grants and cooperative agreements; availability, etc.: KeySpan-Ravenswood, Inc., 26741 Innovative food safety projects, 26766–26769 TransColorado Gas Transmission Co., 26741 Viking Gas Transmission Co., 26741–26742 Forest Service Williston Basin Interstate Pipeline Co., 26742 NOTICES Appealable decisions; legal notice: Southern Region, 26734–26736 Federal Highway Administration Environmental statements; availability, etc.: NOTICES Boise National Forest, ID, 26736–26737 Agency information collection activities: Submission for OMB review; comment request, 26813 Health and Human Services Department See Centers for Disease Control and Prevention Federal Law Enforcement Training Center See Food and Drug Administration NOTICES Meetings: Housing and Urban Development Department National Center for State, Local, and International Law NOTICES Enforcement Training Advisory Committee, 26814 Mortgage and loan insurance programs: Single family mortgage insurance— Origination approval agreements termination and Federal Reserve System Credit Watch status; clarification procedures; NOTICES notice to FHA-approved lenders, 26769–26771 Banks and bank holding companies: Change in bank control; correction, 26759 Immigration and Naturalization Service Formations, acquisitions, and mergers, 26759 PROPOSED RULES Meetings; Sunshine Act, 26759 Immigration: Immigration examinations fee account; small volume Financial Management Service application fees; adjustment, 26698–26703 See Fiscal Service Interior Department Fiscal Service See Fish and Wildlife Service See Land Management Bureau NOTICES Meetings: See Surface Mining Reclamation and Enforcement Office Federal agency disbursements— Internal Revenue Service Federal payments; conversion of checks to electronic NOTICES funds transfers; electronic transfer accounts, Agency information collection activities: 26814–26815 Proposed collection; comment request, 26815–26816

Fish and Wildlife Service Justice Department PROPOSED RULES See Antitrust Division Endangered and threatened species: See Immigration and Naturalization Service Findings on petitions, etc.— NOTICES Grizzly bears, 26725–26733 Pollution control; consent judgments: NOTICES Agway, Inc., et al., 26774–26775 Endangered and threatened species: Cannelton Industries, Inc., 26775 Incidental take permits— Chicago, Ill, 26775 Travis County, TX; golden-cheeked warbler, 26771– Thomas Plating, 26775–26776 26772 Environmental statements; availability, etc.: Labor Department Pond Creek National Wildlife Refuge, AR, 26772 See Occupational Safety and Health Administration

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See Pension and Welfare Benefits Administration Securities and Exchange Commission See Veterans Employment and Training, Office of Assistant NOTICES Secretary Meetings; Sunshine Act, 26795 Securities: Land Management Bureau International series releases— NOTICES Foreign issuers; exemption list, 26795–26808 Coal leases, exploration licenses, etc.: Self-regulatory organizations; proposed rule changes: Montana, 26772–26773 Chicago Board Options Exchange, Inc., 26808–26809 New York Stock Exchange, Inc., 26809–26811 Management and Budget Office Applications, hearings, determinations, etc.: NOTICES Public utility holding company filings, 26794–26795 States, local governments, and nonprofit organizations audits; 1999 compliance supplement (Circular A-133), Surface Mining Reclamation and Enforcement Office 26793–26794 NOTICES Revegetation; standards for success: National Aeronautics and Space Administration Meetings and comment request, 26773–26774 PROPOSED RULES Acquisition regulations: Surface Transportation Board Property reporting requirements, 26721–26723 PROPOSED RULES National Credit Union Administration Rail carriers: Waybill data; confidentiality, 26723–26725 NOTICES Meetings; Sunshine Act, 26791–26792 Thrift Supervision Office National Foundation on the Arts and the Humanities NOTICES NOTICES Applications, hearings, determinations, etc.: Grants and cooperative agreements; availability, etc.: Douglas Federal Bank, 26817 Arts projects on millenium trails, 26792 Trade Representative, Office of United States National Highway Traffic Safety Administration NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Meetings: Free Trade Area of the Americas Joint Government- Motor Vehicle Safety Research Advisory Committee, Private Sector Experts Committee; identification of 26814 private sector expert on electronic commerce consumer issues; comment request, 26811–26812 National Oceanic and Atmospheric Administration NOTICES Transportation Department Meetings: See Coast Guard Pacific Fishery Management Council, 26737–26738 See Federal Aviation Administration See Federal Highway Administration Nuclear Regulatory Commission See National Highway Traffic Safety Administration NOTICES See Surface Transportation Board Applications, hearings, determinations, etc.: NOTICES Florida Power and Light Co., 26792–26793 Aviation proceedings: Agreements filed, weekly receipts, 26812 Occupational Safety and Health Administration Certificates of public convenience and necessity and PROPOSED RULES foreign air carrier permits; weekly applications, Construction safety and health standards: 26813 Steel Erection Negotiated Rulemaking Committee; reestablishment, 26713 Treasury Department See Federal Law Enforcement Training Center Office of Management and Budget See Fiscal Service See Management and Budget Office See Internal Revenue Service See Thrift Supervision Office Office of United States Trade Representative See Trade Representative, Office of United States United States Information Agency Pension and Welfare Benefits Administration NOTICES Grants and cooperative agreements; availability, etc.: NOTICES Azores and Cape Verde School Partnership Program, Meetings: 26817–26819 Employee Welfare and Pension Benefits Plans Advisory Council, 26790–26791 Veterans Employment and Training, Office of Assistant Public Debt Bureau Secretary See Fiscal Service NOTICES Grants and cooperative agreements; availability, etc.: Public Health Service Local Veterans Employment Representative Fund (FY See Centers for Disease Control and Prevention 1999), 26791 See Food and Drug Administration

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Separate Parts In This Issue Reader Aids Consult the Reader Aids section at the end of this issue for Part II phone numbers, online resources, finding aids, reminders, Department of Energy, Energy Efficiency and Renewable and notice of recently enacted public laws. Energy, 26821–26829

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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.

8 CFR 67...... 26694 Proposed Rules: Proposed Rules: 103...... 26698 67...... 26715 10 CFR 47 CFR 490...... 26822 73...... 26697 14 CFR Proposed Rules: 39...... 26653 73 (9 documents) ...... 26717, 71...... 26656 26718, 26719, 26720 Proposed Rules: 48 CFR 39...... 26703 Proposed Rules: 71 (2 documents) ...... 26705, 1845...... 26721 26712 1852...... 26721 21 CFR 2...... 26657 49 CFR 3...... 26657 Proposed Rules: 5...... 26657 1244...... 26723 10...... 26657 50 CFR 12...... 26657 16...... 26657 Proposed Rules: 20...... 26657 17...... 26725 25...... 26657 50...... 26657 54...... 26657 56...... 26657 58...... 26657 60...... 26657 70...... 26657 71...... 26657 200...... 26657 201...... 26657 202...... 26657 206...... 26657 207...... 26657 210...... 26657 211...... 26657 299...... 26657 300...... 26657 310...... 26657 312...... 26657 314...... 26657 315...... 26657 316...... 26657 320...... 26657 333...... 26657 369...... 26657 510...... 26657 514...... 26657 520...... 26657 522 (3 documents) ...... 26657, 26670 524...... 26657 529...... 26657 556 (2 documents) ...... 26670, 26671 558...... 26671 601...... 26657 800...... 26657 801...... 26657 807...... 26657 809...... 26657 812...... 26657 860...... 26657 29 CFR Proposed Rules: 1926...... 26713 33 CFR 151...... 26672 40 CFR Proposed Rules: 194...... 26713 444...... 26714 44 CFR 65 (2 documents) ...... 26690, 26692

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Rules and Regulations Federal Register Vol. 64, No. 94

Monday, May 17, 1999

This section of the FEDERAL REGISTER DATES: Effective May 24, 1999, to all Explanation of Relevant Service contains regulatory documents having general persons except those persons to whom Information applicability and legal effect, most of which it was made immediately effective by are keyed to and codified in the Code of Bombardier has issued Alert Service emergency AD T99–09–52, issued April Bulletin A601R–24–095, Revision ‘A,’ Federal Regulations, which is published under 20, 1999, which contained the 50 titles pursuant to 44 U.S.C. 1510. dated March 25, 1999 (for Regional Jet requirements of this amendment. series airplanes). That alert service The incorporation by reference of The Code of Federal Regulations is sold by bulletin describes procedures for a one- certain publications listed in the the Superintendent of Documents. Prices of time inspection of the IDG cables in the regulations is approved by the Director new books are listed in the first FEDERAL right engine nacelle to verify clearances REGISTER issue of each week. of the Federal Register as of May 24, and detect damage. The alert service 1999. bulletin also describes procedures for Comments for inclusion in the Rules repair or replacement of the IDG cables, DEPARTMENT OF TRANSPORTATION Docket must be received on or before depending on the results of the June 16, 1999. Federal Aviation Administration inspection. ADDRESSES: Submit comments in Bombardier has issued Alert Service 14 CFR Part 39 triplicate to the Federal Aviation Bulletin A601R–73–008, Revision ‘A,’ Administration (FAA), Transport dated April 10, 1999 (for Regional Jet [Docket No. 99±NM±99±AD; Amendment Airplane Directorate, ANM–114, series airplanes). That alert service 39±11170; AD 99±09±52] Attention: Rules Docket No. 99–NM– bulletin describes procedures for a one- 99–AD, 1601 Lind Avenue, SW., RIN 2120±AA64 time inspection of both the left and right Renton, Washington 98055–4056. engine nacelles to detect damage of the The applicable service information area surrounding the 10th stage bleed Airworthiness Directives; Bombardier may be obtained from Bombardier, Inc., Model CL±600±2B19 (Regional Jet air check valve and the top and bottom Canadair, Aerospace Group, P.O. Box pigtails of the fuel manifold; a one-time Series 100) and CL±600±2B16 (CL± 6087, Station A, Montreal, Quebec H3C 601±3R and CL±604) Series Airplanes inspection to verify clearances between 3G9, Canada. This information may be the right fuel manifold pigtails and the AGENCY: Federal Aviation examined at the FAA, Transport adjacent 10th stage bleed air check Administration, DOT. Airplane Directorate, 1601 Lind valve; and repair or replacement of the Avenue, SW., Renton, Washington; or at ACTION: Final rule; request for manifold, depending on the results of comments. the FAA, Engine and Propeller the inspection. Directorate, New York Aircraft Bombardier has issued Alert Service SUMMARY: This document publishes in Certification Office, 10 Fifth Street, Bulletin A601–0524, dated April 19, the Federal Register an amendment Third Floor, Valley Stream, New York; 1999 [for Model CL–600–2B16 (CL–601– adopting airworthiness directive (AD) or at the Office of the Federal Register, 3R) series airplanes], and Alert Service 99–09–52 that was sent previously to all 800 North Capitol Street, NW., suite Bulletin A604–73–001, dated April 19, known U.S. owners and operators of 700, Washington, DC. 1999 [for Model CL–600–2B16 (CL–604) Bombardier Model CL–600–2B19 FOR FURTHER INFORMATION CONTACT: series airplanes]. These alert service (Regional Jet Series 100) and CL–600– James Delisio, Aerospace Engineer, bulletins describe procedures for a one- 2B16 (CL–601–3R and CL–604) series Airframe and Propulsion Branch, ANE– time inspection of the IDG cable harness airplanes by individual notices. This AD 171, FAA, Engine and Propeller in the right engine nacelle and the requires a one-time inspection of the Directorate, New York Aircraft adjacent structure to verify clearances cable harness of the integrated drive Certification Office, 10 Fifth Street, and detect chafing; a one-time generator (IDG) in the right engine Third Floor, Valley Stream, New York inspection of both the left and right nacelle and the adjacent structure to 11581; telephone (516) 256–7521; fax engine nacelles to detect chafing and verify clearances and detect chafing; a (516) 568–2716. verify clearances of the adjacent 10th one-time inspection of both the left and SUPPLEMENTARY INFORMATION: On April stage bleed air check valve and fuel right engine nacelles to detect chafing 20, 1999, the FAA issued emergency AD manifold pigtails; and repair or and verify clearances of the adjacent T99–09–52, which is applicable to replacement, depending on the results 10th stage bleed air check valve and fuel certain Bombardier Model CL–600– of the inspection. manifold pigtails; and repair or 2B19 (Regional Jet Series 100) and CL– Transport Canada Aviation (TCA), replacement of discrepant parts, if 600–2B16 (CL–601–3R and CL–604) which is the airworthiness authority for necessary. This action is prompted by series airplanes. Canada, classified the alert service reports of chafing of the insulation That action was prompted by reports bulletins as mandatory and issued covering on the IDG cable harness and of chafing of the insulation covering on Canadian airworthiness directive CF– the main engine right fuel manifold. The the integrated drive generator (IDG) 99–09, dated April 6, 1999, in order to actions specified by this AD are cable harness and the main engine right assure the continued airworthiness of intended to detect and correct fuel manifold. Concurrent chafing of these airplanes in Canada. concurrent chafing of both the fuel both the fuel manifold and the IDG wire, manifold and the IDG wire and if not corrected, could result in leakage FAA’s Conclusions subsequent leakage of fuel, which could of fuel, which could come in contact These airplane models are come in contact with live wiring and with live wiring and result in fire or manufactured in Canada and are type result in fire or explosion. explosion. certificated for operation in the United

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States under the provisions of section Publication of the Rule Regulatory Impact 21.29 of the Federal Aviation The regulations adopted herein will Regulations (14 CFR 21.29) and the Since it was found that immediate corrective action was required, notice not have substantial direct effects on the applicable bilateral airworthiness States, on the relationship between the agreement. Pursuant to this bilateral and opportunity for prior public comment thereon were impracticable national government and the States, or airworthiness agreement, TCA has kept on the distribution of power and the FAA informed of the situation and contrary to the public interest, and responsibilities among the various described above. The FAA has good cause existed to make the AD levels of government. Therefore, in examined the findings of TCA, reviewed effective immediately by individual accordance with Executive Order 12612, all available information, and notices issued on April 20, 1999, to all it is determined that this final rule does determined that AD action is necessary known U.S. owners and operators of not have sufficient federalism for products of this type design that are Bombardier Model CL–600–2B19 implications to warrant the preparation certificated for operation in the United (Regional Jet Series 100) and CL–600– of a Federalism Assessment. States. 2B16 (CL–601–3R and CL–604) series airplanes. These conditions still exist, The FAA has determined that this Explanation of the Requirements of the and the AD is hereby published in the regulation is an emergency regulation Rule that must be issued immediately to Federal Register as an amendment to correct an unsafe condition in aircraft, Since the unsafe condition described section 39.13 of the Federal Aviation and that it is not a ‘‘significant is likely to exist or develop on other Regulations (14 CFR 39.13) to make it regulatory action’’ under Executive airplanes of the same type design effective as to all persons. registered in the United States, the FAA Order 12866. It has been determined issued emergency AD 99–09–52 to Comments Invited further that this action involves an detect and correct concurrent chafing of emergency regulation under DOT both the fuel manifold and the IDG wire Although this action is in the form of Regulatory Policies and Procedures (44 and subsequent leakage of fuel, which a final rule that involves requirements FR 11034, February 26, 1979). If it is could come in contact with live wiring affecting flight safety and, thus, was not determined that this emergency and result in fire or explosion. The AD preceded by notice and an opportunity regulation otherwise would be requires accomplishment of the actions for public comment, comments are significant under DOT Regulatory specified in the alert service bulletins invited on this rule. Interested persons Policies and Procedures, a final described previously, except as are invited to comment on this rule by regulatory evaluation will be prepared discussed below. This AD also requires submitting such written data, views, or and placed in the Rules Docket. A copy that operators report results of all arguments as they may desire. of it, if filed, may be obtained from the inspection findings and any repairs Communications shall identify the Rules Docket at the location provided performed to Bombardier. Rules Docket number and be submitted under the caption ADDRESSES. Differences Between This AD and the in triplicate to the address specified List of Subjects in 14 CFR Part 39 Relevant Service Information under the caption ADDRESSES. All communications received on or before Air transportation, Aircraft, Aviation While the Canadian airworthiness the closing date for comments will be safety, Incorporation by reference, directive and the alert service bulletins considered, and this rule may be Safety. recommend a compliance time of 50 amended in light of the comments Adoption of the Amendment flight hours, this AD specifies a received. Factual information that compliance time of 50 flight hours or 7 supports the commenter’s ideas and Accordingly, pursuant to the days, whichever occurs first. The suggestions is extremely helpful in authority delegated to me by the Challenger and certain Regional Jet evaluating the effectiveness of the AD Administrator, the Federal Aviation series airplanes are operated as business action and determining whether Administration amends part 39 of the jets, which generally fly fewer hours per additional rulemaking action would be Federal Aviation Regulations (14 CFR day than commercial airplanes. The needed. part 39) as follows: FAA has determined that it is necessary to impose a time limit on these Comments are specifically invited on PART 39ÐAIRWORTHINESS airplanes to ensure the safe operation of the overall regulatory, economic, DIRECTIVES the fleet. environmental, and energy aspects of the rule that might suggest a need to 1. The authority citation for part 39 Operators should further note that, continues to read as follows: although certain alert service bulletins modify the rule. All comments referenced in this AD specify that the submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. and after the closing date for comments, manufacturer may be contacted for § 39.13 [Amended] disposition of certain repair conditions, in the Rules Docket for examination by 2. Section 39.13 is amended by this AD requires the repair of those interested persons. A report that adding the following new airworthiness conditions to be accomplished in summarizes each FAA-public contact directive: accordance with a method approved by concerned with the substance of this AD either the FAA or TCA (or its delegated will be filed in the Rules Docket. 99–09–52 Bombardier, Inc. (Formerly agent). In light of the type of repair that Commenters wishing the FAA to Canadair): Amendment 39–11170. would be required to address the acknowledge receipt of their comments Docket 99–NM–99–AD. identified unsafe condition, and in submitted in response to this rule must Applicability: Model CL–600–2B19 consonance with existing bilateral submit a self-addressed, stamped (Regional Jet Series 100) series airplanes, serial numbers 7003 through 7067 inclusive, airworthiness agreements, the FAA has postcard on which the following and 7069 through 7303 inclusive; and Model determined that, for this AD, a repair statement is made: ‘‘Comments to CL–600–2B16 (CL–601–3R and CL–604) approved by either the FAA or TCA will Docket Number 99–NM–99–AD.’’ The series airplanes, serial numbers 5135 through be acceptable for compliance with this postcard will be date stamped and 5194 inclusive, and 5301 through 5408 AD. returned to the commenter. inclusive; certificated in any category.

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Note 1: This AD applies to each airplane to further flight, reposition the fuel manifold the manifold with a new manifold, as identified in the preceding applicability or install shims, as applicable, in accordance applicable, in accordance with the applicable provision, regardless of whether it has been with ‘‘Part B—Repositioning of the fuel alert service bulletin. modified, altered, or repaired in the area manifold to set the gap’’ of the Note 3: Accomplishment of the actions subject to the requirements of this AD. For Accomplishment Instructions of the alert specified by Bombardier Alert Wire TA601– airplanes that have been modified, altered, or service bulletin. 055, dated March 31, 1999, is considered repaired so that the performance of the (2) If any damage is detected, prior to acceptable for compliance with the requirements of this AD is affected, the further flight, repair the fuel manifold or requirements of paragraphs (c) and (d) of this owner/operator must request approval for an replace the manifold with a new manifold, as AD. alternative method of compliance in applicable, in accordance with ‘‘Part C— (e) If any alert service bulletin referenced accordance with paragraph (g) of this AD. Repair or replacement’’ of the in this AD specifies that the manufacturer The request should include an assessment of Accomplishment Instructions of the alert may be contacted for accomplishment of the effect of the modification, alteration, or service bulletin. certain repair conditions, those repairs must repair on the unsafe condition addressed by Note 2: Accomplishment of the actions be accomplished in accordance with a this AD; and, if the unsafe condition has not specified by Canadair Alert Service Bulletin method approved by the Manager, New York been eliminated, the request should include A601R–73–008, dated April 1, 1999, is Aircraft Certification Office (ACO), FAA, specific proposed actions to address it. considered acceptable for compliance with Engine and Propeller Directorate; or Compliance: Required as indicated, unless the requirements of paragraph (b) of this AD. Transport Canada Aviation (or its designee). accomplished previously. (c) For Model CL–600–2B16 (CL–601–3R (f) Submit a report of all inspection To detect and correct concurrent chafing of and CL–604) series airplanes: Within 50 findings and any repairs performed to the both the fuel manifold and the integrated flight hours or 7 days after the effective date local Bombardier field representative; or to drive generator (IDG) wire and subsequent of this AD, perform a one-time visual either Mr. Denis Methot (fax 514–855–8501) leakage of fuel, which could come in contact inspection of the IDG cable harness in the or Mr. Richard Moore (fax 514–855–7708), with live wiring and result in fire or right engine nacelle to verify clearances and Bombardier Aerospace Regional Aircraft, 123 explosion, accomplish the following: detect damage, in accordance with Garratt Boulevard, Downsview, Ontario, (a) For Model CL–600–2B19 (Regional Jet Bombardier Alert Service Bulletin A601– Canada M3K 1Y5; at the applicable time Series 100) series airplanes: Within 50 flight 0524 or A604–73–001, both dated April 19, specified in paragraph (f)(1) or (f)(2) of this hours or 7 days after the effective date of this 1999, as applicable. AD. The report must include the inspection AD, whichever occurs first, perform a one- (1) If no damage is detected, submit a results, a description of any discrepancies time visual inspection of the IDG cables in report in accordance with the requirements found, the airplane serial number, and the the right engine nacelle to verify clearances of paragraph (f) of this AD. number of landings and flight hours on the and detect damage, in accordance with (2) If any clearance is outside the limits airplane. Information collection requirements Canadair Alert Service Bulletin A601R–24– specified in the applicable alert service contained in this regulation have been 095, Revision ‘A,’ dated March 25, 1999. bulletin, prior to further flight, adjust the approved by the Office of Management and (1) If no damage is detected and all clearance in accordance with the applicable Budget (OMB) under the provisions of the clearances are within the limits specified by alert service bulletin. Paperwork Reduction Act of 1980 (44 U.S.C. the alert service bulletin, submit a report in (3) If any damage is detected and the inner 3501 et seq.) and have been assigned OMB accordance with the requirements of core is not visible, prior to further flight, Control Number 2120–0056. paragraph (f) of this AD. repair the cable in accordance with the (1) For airplanes on which the inspections (2) If any damage is detected and the inner applicable alert service bulletin. are accomplished after the effective date of core is not visible, accomplish either (4) If any damage is detected to the cable this AD: Submit the report within 10 days paragraph (a)(2)(i) or (a)(2)(ii) of this AD. jacket and the inner core is visible, prior to after performing the inspections required by (i) Prior to further flight, repair the cable further flight, accomplish either paragraph this AD. jacket in accordance with the alert service (c)(4)(i) or (c)(4)(ii) of this AD. (2) For airplanes on which the inspections bulletin; and, within 4,000 flight hours after (i) Repair the cable jacket in accordance have been accomplished prior to the effective accomplishing the repair, replace the cable with the alert service bulletin; and, within date of this AD: Submit the report within 10 with a new cable; in accordance with the 300 flight hours after accomplishing the days after the effective date of this AD. alert service bulletin. Or repair, replace the cable with a new cable; in (ii) Prior to further flight, replace the cable accordance with the applicable alert service Alternative Methods of Compliance with a new cable, in accordance with the bulletin. Or (g) An alternative method of compliance or alert service bulletin. (ii) Replace the cable with a new cable, in adjustment of the compliance time that (3) If any damage is detected and the inner accordance with the applicable alert service provides an acceptable level of safety may be core is visible, prior to further flight, replace bulletin. used if approved by the Manager, New York the cable with a new cable in accordance (d) For Model CL–600–2B16 (CL–601–3R ACO. Operators shall submit their requests with the alert service bulletin. and CL–604) series airplanes: Within 50 through an appropriate FAA Principal (b) For Model CL–600–2B19 (Regional Jet flight hours or 7 days after the effective date Maintenance Inspector, who may add Series 100) series airplanes: Within 50 flight of this AD, perform a one-time visual comments and then send it to the Manager, hours or 7 days after the effective date of this inspection of both the left and right engine New York ACO. AD, whichever occurs first, perform a one- nacelles of the area surrounding the 10th Note 4: Information concerning the time visual inspection of both the left and stage bleed air check valve and the top and existence of approved alternative methods of right engine nacelles to detect chafing of the bottom pigtails of the fuel manifold to verify compliance with this AD, if any, may be area surrounding the 10th stage bleed air clearances and detect chafing, in accordance obtained from the New York ACO. check valve and the top and bottom pigtails with Bombardier Alert Service Bulletin of the fuel manifold, in accordance with A601–0524 or A604–73–001, both dated Special Flight Permits Canadair Alert Service Bulletin A601R–73– April 19, 1999, as applicable. (h) Special flight permits may be issued in 008, Revision ‘‘A,’’ dated April 10, 1999. (1) If the clearances are within the limits accordance with sections 21.197 and 21.199 (1) If no damage is detected, prior to specified in the alert service bulletin, submit of the Federal Aviation Regulations (14 CFR further flight, measure the clearance between a report in accordance with the requirements 21.197 and 21.199) to operate the airplane to the right fuel manifold pigtails and the of paragraph (f) of this AD. a location where the requirements of this AD adjacent 10th stage bleed air check valve. (2) If any clearance is outside the limits can be accomplished. (i) If the clearance is within the limits specified in the alert wire, prior to further specified by the alert service bulletin, submit flight, adjust the clearance or add spacers, as Incorporation by Reference a report in accordance with the requirements applicable, in accordance with the applicable (i) Except as provided by paragraphs (e) of paragraph (f) of this AD. alert service bulletin. and (f) of this AD, the actions shall be done (ii) If the clearance is outside the limits (3) If any chafing is detected, prior to in accordance with Canadair Alert Service specified by the alert service bulletin, prior further flight, repair the manifold or replace Bulletin A601R–24–095, Revision ‘A,’ dated

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March 25, 1999; Canadair Alert Service the SIAP and for Instrument Flight anticipated impact is so minimal. Since Bulletin A601R–73–008, Revision ‘A,’ dated Rules (IFR) operations at Thomson- this is a routine matter that will only April 10, 1999; Bombardier Alert Service McDuffie County Airport. An extension affect air traffic procedures and air Bulletin A601–0524, dated April 19, 1999; via the 276 degree bearing from the navigation, it is certified that this rule and Bombardier Alert Service Bulletin A604– Cedar NDB for the NDB RWY 10 SIAP will not have a significant economic 73–001, dated April 19, 1999; as applicable. This incorporation by reference was is necessary. The length of the Class E impact on a substantial number of small approved by the Director of the Federal airspace extension west of the NDB is 7 entities under the criteria of the Register in accordance with 5 U.S.C. 552(a) miles, and the width of the airspace Regulatory Flexibility Act. extension is 7 miles. and 1 CFR part 51. Copies may be obtained List of Subjects in 14 CFR Part 71 from Bombardier, Inc., Canadair, Aerospace EFFECTIVE DATE: 0901 UTC, July 15, Group, P.O. Box 6087, Station A, Montreal, 1999. Airspace, Incorporation by reference, Quebec H3C 3G9, Canada. Copies may be FOR FURTHER INFORMATION CONTACT: Navigation (air). inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Nancy B. Shelton, Manager, Airspace Adoption of the Amendment Washington; or at the FAA, Engine and Branch, Air Traffic Division, Federal Propeller Directorate, New York Aircraft Aviation Administration, P.O. Box In consideration of the foregoing, the Certification Office, 10 Fifth Street, Third 20636, Atlanta, Georgia 30320; Federal Aviation Administration Floor, Valley Stream, New York; or at the telephone (404) 305–5627. amends 14 CFR part 71 as follows: Office of the Federal Register, 800 North SUPPLEMENTARY INFORMATION: Capitol Street, NW., suite 700, Washington, PART 71ÐDESIGNATION OF CLASS A, DC. History CLASS B, CLASS C, CLASS D AND Note 5: The subject of this AD is addressed On March 23, 1999, the FAA CLASS E AIRSPACE AREAS; in Canadian airworthiness directive CF–99– proposed to amend part 71 of the AIRWAYS; ROUTES; AND REPORTING 09, dated April 6, 1999. Federal Aviation Regulations (14 CFR POINTS (j) This amendment becomes effective on part 71) by amending Class E airspace May 24, 1999, to all persons except those at Thomson, GA (64 FR 13938). This 1. The authority citation for 14 CFR persons to whom it was made immediately part 71 continues to read as follows: effective by emergency AD 99–09–52, issued action provides adequate Class E April 20, 1999, which contained the airspace for IFR operations at Thomson- Authority: 49 U.S.C. 106(g), 40103, 40113, requirements of this amendment. McDuffie County Airport. Designations 40120, E.O. 10854, 24 FR 9565, 3 CFR, 1959– Issued in Renton, Washington, on May 7, for Class E airspace extending upward 1963 Comp., p. 389. from 700 feet or more above the surface 1999. § 71.1 [Amended] D.L. Riggin, are published in paragraph 6005 of FAA Order 7400.9F, dated September 10, Acting Manager, Transport Airplane 2. The incorporation by reference in Directorate, Aircraft Certification Service. 1998, and effective September 16, 1998, 14 CFR 71.1 of Federal Aviation which is incorporated by reference in 14 [FR Doc. 99–12099 Filed 5–14–99; 8:45 am] Administration Order 7400.9F, Airspace CFR part 71.1. The Class E designation BILLING CODE 4910±13±U Designations and Reporting Points, listed in this document will be dated September 10, 1998, and effective published subsequently in the Order. September 16, 1998, is amended as DEPARTMENT OF TRANSPORTATION Interested parties were invited to follows: participate in this rulemaking proceeding by submitting written Paragraph 6005 Class E Airspace Areas Federal Aviation Administration Extending Upward from 700 feet or More comments on the proposal to the FAA. above the Surface of the Earth. 14 CFR Part 71 No comments objecting to the proposal were received. * * * * * [Airspace Docket No. 99±ASO±4] The Rule ASO GA E5 Thomson, GA [Revised] Amendment of Class E Airspace; Thomson-McDuffie County Airport This amendment to part 71 of the Thomson, GA (Lat. 33°31′47′′ N, long. 82°31′100′′ W) Federal Aviation Regulations (14 CFR Cedar NDB AGENCY: Federal Aviation part 71) amends Class E airspace at (Lat. 33°31′59′′ N, long. 82°36′51′′ W) Administration (FAA), DOT. Thomson, GA, for the Thomson- That airspace extending upward from 700 ACTION: Final rule. McDuffie County Airport. feet or more above the surface of the earth The FAA has determined that this within a 7.5-mile radius of Thomson- SUMMARY: This amendment modifies regulation only involves an established McDuffie County Airport and within 3.5 Class E airspace at Thomson, GA. The body of technical regulations for which miles each side of the 276 degree bearing Cedar Nondirectional Radio Beacon frequent and routine amendments are from the Cedar NDB, extending 7 miles west (NDB) has been established 4.49 miles necessary to keep them operationally of the Cedar NDB. west of Runway (RWY) 10 at the current. It, therefore, (1) is not a * * * * * Thomson-McDuffie County Airport, ‘‘significant regulatory action’’ under Issued in College Park, Georgia, on May 5, from which a NDB RWY 10 Standard Executive Order 12866; (2) is not a 1999. Instrument Approach Procedure (SIAP) ‘‘significant rule’’ under DOT Wade T. Carpenter, has been developed. As a result, Regulatory Policies and Procedures (44 Acting Manager, Air Traffic Division, additional controlled airspace extending FR 11034; February 26, 1979), and (3) Southern Region. upward from 700 feet Above Ground does not warrant preparation of a [FR Doc. 99–12277 Filed 5–14–99; 8:45 am] Level (AGL) is needed to accommodate Regulatory Evaluation, as the BILLING CODE 4910±13±M

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DEPARTMENT OF HEALTH AND Dated: May 10, 1999. and biologics) used for diagnosis and HUMAN SERVICES William K. Hubbard, monitoring. Associate Commissioner for Policy The preamble to the proposed rule Food and Drug Administration Coordination. noted that FDA was in the process of [FR Doc. 99–12230 Filed 5–14–99; 8:45 am] revising and supplementing its guidance 21 CFR Parts 2, 3, 5, 10, 12, 16, 20, 25, BILLING CODE 4160±01±F to industry on product approval and 50, 54, 56, 58, 60, 70, 71, 200, 201, 202, other matters related to the regulation of 206, 207, 210, 211, 299, 300, 310, 312, diagnostic radiopharmaceutical drugs 314, 316, 320, 333, 369, 510, 514, 520, DEPARTMENT OF HEALTH AND and biologics, and stated that such 522, 524, 529, 800, 801, 807, 809, 812, HUMAN SERVICES guidance would address the application and 860 of the proposed rule. In the Federal Food and Drug Administration Register of October 14, 1998 (63 FR [Docket No. 98N±0720] 55067), FDA announced the availability 21 CFR Parts 315 and 601 of a draft guidance for industry entitled Conforming Regulations Regarding [Docket No. 98N±0040] ‘‘Developing Medical Imaging Drugs and Removal of Section 507 of the Federal Biologics’’ (medical imaging draft Food, Drug, and Cosmetic Act; RIN 0910±AB52 guidance). The guidance, when Confirmation of Effective Date completed, will assist developers of Regulations for In Vivo drug and biological products used for Radiopharmaceuticals Used for AGENCY: Food and Drug Administration, medical imaging, including Diagnosis and Monitoring HHS. radiopharmaceuticals used in disease ACTION: Direct final rule; confirmation of AGENCY: Food and Drug Administration, diagnosis, in planning and coordinating effective date. HHS. the clinical investigations of, and submitting various types of applications ACTION: Final rule. SUMMARY: The Food and Drug for, such products. The guidance will Administration (FDA) published in the SUMMARY: The Food and Drug also provide information on how the Federal Register of January 5, 1999 (64 Administration (FDA) is issuing agency will interpret and apply FR 396), a direct final rule. The direct regulations on the evaluation and provisions in the final rule on final rule amended FDA’s regulations by approval of in vivo diagnostic radiopharmaceuticals. removing references to the repealed radiopharmaceuticals used in the In the Federal Register of January 5, statutory provision of the Federal Food, diagnosis and monitoring of diseases. 1999 (64 FR 457), FDA reopened until Drug, and Cosmetic Act (the act) under FDA is issuing these regulations in February 12, 1999, the comment period which the agency certified antibiotic accordance with the Food and Drug on the medical imaging draft guidance. drugs. The direct final rule also Administration Modernization Act of In the Federal Register of February 16, removed references to the repealed 1997 (the Modernization Act). These 1999 (64 FR 7561), the agency further antibiotic monograph regulations and to regulations are intended to clarify extended the comment period to April those regulations dealing with antibiotic existing regulations applicable to the 14, 1999. Several of the comments on the applications. This document confirms approval of radiopharmaceutical drugs proposed rule on diagnostic the effective date of the direct final rule. and biologics under the Federal Food, radiopharmaceuticals addressed issues Drug, and Cosmetic Act (the act) and the EFFECTIVE DATE: The effective date of the that are also relevant to the medical Public Health Service Act (the PHS Act). direct final rule published at 64 FR 396 imaging draft guidance. In FDA’s is confirmed as May 20, 1999. EFFECTIVE DATE: Effective July 16, 1999. responses to the comments set forth in FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: section III of this document, the agency Christine F. Rogers, Center for Drug Patricia Y. Love, Center for Drug refers to relevant portions of the draft Evaluation and Research (HFD–7), Food Evaluation and Research (HFD–160), guidance that interpret and apply and Drug Administration, 5600 Fishers Food and Drug Administration, 5600 provisions of the regulations on Lane, Rockville, MD 20857, 301–594– Fishers Lane, Rockville, MD 20857, diagnostic radiopharmaceuticals. In 2041. 301–827–7510; or George Q. Mills, finalizing the medical imaging Center for Biologics Evaluation and guidance, FDA will carefully consider SUPPLEMENTARY INFORMATION: FDA Research (HFM–573), 1401 Rockville all comments received on the proposed solicited comments concerning the Pike, Rockville, MD 20852–1448, 301– rule that are relevant to issues addressed direct final rule for a 75-day period 827–5097. in the draft guidance. ending March 22, 1999. FDA stated that SUPPLEMENTARY INFORMATION: the effective date of the direct final rule II. Highlights of the Final Rule would be on May 20, 1999, 60 days after I. Background In accordance with section 122 of the the end of the comment period, unless In the Federal Register of May 22, Modernization Act, the final rule adds any significant adverse comment was 1998 (63 FR 28301), FDA published a new regulations pertaining to the review submitted to FDA during the comment proposed rule to implement section 122 and approval of in vivo period. FDA did not receive any of the Modernization Act (Pub. L. 105– radiopharmaceuticals used for diagnosis significant adverse comments. 115). Section 122(a)(1) of the and monitoring. The new regulations in Therefore, under the act, the FDA Modernization Act directs FDA to issue part 315 (21 CFR part 315) and part 601 Modernization Act, and authority proposed and final regulations on the (21 CFR part 601) (§§ 601.30 through delegated to the Commissioner of Food approval of radiopharmaceuticals 601.35)) complement and clarify and Drugs, notice is given that no intended for use in diagnosing or existing regulations on the approval of objections were filed in response to the monitoring a disease or a manifestation drugs and biologics in part 314 (21 CFR January 5, 1999, final rule. Accordingly, of disease in humans. The proposed part 314) and part 601, respectively. The the amendments issued thereby are regulations apply to the approval of in regulations include a definition of effective May 20, 1999. vivo radiopharmaceuticals (both drugs diagnostic radiopharmaceuticals and

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FDA revised the proposed rule in FDA also deleted the requirements in However, FDA agrees with the response to comments received on the proposed §§ 315.6(d) and 601.35(d) on comment that there are common proposal. Proposed §§ 315.4(b) and the tests that must be included in a principles in developing diagnostic 601.33(b) were revised to clarify that radiation dosimetry evaluation of a imaging products. FDA’s medical where a diagnostic radiopharmaceutical diagnostic radiopharmaceutical (i.e., imaging draft guidance addresses such is not intended to provide disease- dosimetry to total body, to specific matters as conducting clinical studies specific information, the proposed organs or tissues, and, as appropriate, to and submitting applications for all indications for use may refer to a target organs or tissues) in favor of medical imaging drugs and biologics, biochemical, physiological, anatomical, addressing this matter in the medical not just diagnostic or pathological process or to more than imaging guidance. radiopharmaceuticals. In doing so, the one disease or condition. Finally, FDA made minor editorial draft guidance elaborates on the FDA also revised the provisions on changes to the final rule in response to concepts set forth in the proposed rule the evaluation of effectiveness of a the President’s June 1, 1998, on diagnostic radiopharmaceuticals. diagnostic radiopharmaceutical. The memorandum on plain language in Consequently, although the final rule agency revised proposed §§ 315.5(a)(1) government writing. applies only to diagnostic and (a)(2) and 601.34(a)(1) and (a)(2) to radiopharmaceuticals, FDA is proposing III. Responses to Comments on the state that claims of structure delineation in the medical imaging draft guidance Proposed Rule and of functional, physiological, or that the principles set forth in this final biochemical assessment must be FDA received nine written comments rule should apply to all medical imaging demonstrated in a defined clinical on the proposed rule. The comments drugs and biologics, including contrast setting that is appropriate for the were submitted by manufacturers, trade agents. intended clinical benefit (as is the case associations, universities, and a health with claims of: (1) Disease or pathology care organization. B. Definition Proposed §§ 315.2 and 601.31 defined detection or assessment and (2) A. General Responses diagnostic or therapeutic patient a diagnostic radiopharmaceutical as an management). In addition, FDA revised 1. One comment expressed support article that is intended for use in the §§ 315.5(a)(1) and 601.34(a)(1) to state for the intent of the proposed diagnosis or monitoring of a human that a structure delineation claim regulations, but it questioned how FDA disease or manifestation of disease and involves an ability ‘‘to locate anatomical could develop acceptable indications, as that exhibits spontaneous disintegration structures and to characterize their well as safety and effectiveness criteria of unstable nuclei with the emission of anatomy,’’ rather than an ability ‘‘to for radiopharmaceuticals, without doing nuclear particles or photons. The locate and characterize normal the same for all diagnostic drugs and definition also included any anatomical structures.’’ biologics. The comment maintained that nonradioactive reagent kit or nuclide FDA also revised the provisions on while radiopharmaceuticals may be a generator that is intended to be used in the evaluation of the safety of a unique ‘‘chemical’’ class, they are part the preparation of a previously defined diagnostic radiopharmaceutical. of the ‘‘therapeutic’’ class of diagnostic article. Proposed §§ 315.6(a) and 601.35(a) were agents used for medical imaging. The 2. One comment, noting that three of revised to add to the factors that FDA comment further contended that the four indication categories under will consider in assessing the safety of because the proposed regulations on proposed §§ 315.4 and 601.33 did not a diagnostic radiopharmaceutical the diagnostic radiopharmaceuticals were include the word ‘‘diagnostic,’’ asked results of any previous human designed to clarify FDA’s expectations whether the regulations should state a experience with the carrier or ligand of and might reduce the cost of developing definition of ‘‘radiopharmaceutical’’ a radiopharmaceutical when the same these products, adoption of these rather than ‘‘diagnostic chemical entity as the carrier or ligand regulations would create a competitive radiopharmaceutical’’ to be consistent has been used in a previously studied disadvantage for companies developing with section 122 of the Modernization product. Similarly, the agency revised nonradiopharmaceutical products for Act. §§ 315.6(c)(2) and 601.35(c)(2) to specify the same indications and efficacy Although section 122(b) of the that the amount of new safety data endpoints. Modernization Act includes a definition required to be submitted for a particular Section 122(a)(1) of the of ‘‘radiopharmaceutical’’ rather than diagnostic radiopharmaceutical will Modernization Act directs FDA to ‘‘diagnostic radiopharmaceutical,’’ the depend on the characteristics of the develop regulations specifically term applies only to product and available information on governing the approval of diagnostic radiopharmaceuticals ‘‘intended for use the safety of not only the diagnostic radiopharmaceuticals. It does not direct in the diagnosis or monitoring of a radiopharmaceutical itself but also its the agency to establish new approval disease or a manifestation of a disease carrier or ligand. These sections were procedures that would apply to all in in humans * * *.’’ Consequently, FDA also revised to state that the safety vivo diagnostic agents, including states in §§ 315.1 and 601.30 that the information that FDA may require may radiopharmaceuticals and contrast regulations in part 315 and part 601, include the results of clinical studies, in agents. Consequently, as stated in subpart D, respectively, apply to addition to the results of preclinical §§ 315.1 and 601.30, the final rule radiopharmaceuticals intended for studies. Additionally, these sections applies to radiopharmaceuticals diagnostic and monitoring use and not were revised to clarify that the agency intended for in vivo administration for to radiopharmaceuticals intended for will establish categories of diagnostic diagnostic and monitoring use; it does therapeutic purposes. FDA believes that

VerDate 06-MAY-99 10:11 May 14, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\A17MY0.024 pfrm04 PsN: 17MYR1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations 26659 the definition and use of the term 4. One comment, referring to for this type of indication. On the other ‘‘diagnostic radiopharmaceutical’’ in examples of structural delineation and hand, a diagnostic or therapeutic patient these regulations are consistent with the functional/physiological/biochemical management claim is established by Modernization Act and the scope of assessment indications provided in the explicitly demonstrating a these regulations. Although three of the preamble to the proposed rule, radiopharmaceutical’s ability to provide four categories of indications do not requested that FDA provide examples of imaging or related information that include the word ‘‘diagnostic,’’ it is actual claim language and primary leads directly to an appropriate clear from the context of the regulations endpoints of adequate and well diagnostic or therapeutic management that each of the categories applies to controlled clinical trials for drugs with decision for patients in a defined diagnostic or monitoring indications such types of indications. clinical setting. FDA will revise the and not to therapeutic indications. FDA does not believe that it would be medical imaging draft guidance to 3. Two comments asked that FDA appropriate to suggest potential further distinguish disease/pathology clarify a statement in the preamble to language for indications for use or detection and assessment indications the proposed rule (63 FR 28301 at primary clinical endpoints outside of from patient management indications. 28303) that the definition of diagnostic the context of evaluating a specific 6. One comment, stating that reliance radiopharmaceutical includes articles diagnostic radiopharmaceutical for a on patient management for a diagnostic that exhibit spontaneous disintegration desired indication. However, the claim might be unfounded, asked what leading to reconstruction of unstable medical imaging draft guidance indication language FDA might approve nuclei and the subsequent emission of provides examples of products with for a diagnostic radiopharmaceutical if nuclear particles or photons. such categories of indications and there were no approved therapy for discusses the kinds of claim statements treating a specific disease. Proposed §§ 315.2 and 601.31 defined that may be permitted in promotional A diagnostic or patient management a diagnostic radiopharmaceutical as an materials for such products. The draft decision need not necessarily relate to article ‘‘that exhibits spontaneous guidance also provides examples of the the use of an approved drug product or disintegration of unstable nuclei with types of endpoints that are appropriate therapy. Therefore, the absence of an the emission of nuclear particles or for clinical studies on medical imaging approved therapy for a particular photons * * *.’’ This definition is drugs and biologics. disease would not necessarily mean that identical to the definition of 5. One comment stated that the FDA would not approve a diagnostic ‘‘radiopharmaceutical’’ in section 122(b) distinction between the disease radiopharmaceutical with an indication of the Modernization Act. FDA was detection and patient management for diagnostic or therapeutic concerned that this definition might be categories of indications in proposed management of patients with that interpreted as excluding an article that §§ 315.4(a)(3) and (a)(4) and 601.33(a)(3) disease. However, the applicant would exhibits spontaneous disintegration and (a)(4) was vague and asked whether need to demonstrate that its product has leading to the reconstruction of unstable the former category allowed for use of some clinical value. For example, in a nuclei and the subsequent emission of the phrase ‘‘as an aid in the diagnosis situation in which two disorders are nuclear particles or photons (i.e., the of [a specific disease].’’ The comment difficult to distinguish but a treatment electron capture process of decay). further stated that the difference exists for only one of the two, a Therefore, the agency stated in the between the two categories appeared to radiopharmaceutical might be used to preamble that it interprets the definition be related to the ability to provide distinguish between the two disorders, of ‘‘radiopharmaceutical’’ in section diagnostic information and/or lead to a thereby directly affecting subsequent 122(b) of the Modernization Act and decision on patient management. patient management. In addition, a ‘‘diagnostic radiopharmaceutical’’ in However, the comment found it difficult diagnostic radiopharmaceutical could proposed §§ 315.2 and 601.31 as to understand how a diagnostic have clinical usefulness in providing including such an article. This radiopharmaceutical could characterize disease progression information about statement was intended to clarify that a specific disease as described in the an untreatable disease; a patient diagnostic radiopharmaceuticals preamble (63 FR 28301 at 28303) and management claim might be appropriate include articles with unstable nuclei not be of diagnostic value (i.e., fall if such information were shown to that do not initiate decay by within the diagnostic or therapeutic directly affect some aspect of patient spontaneous disintegration but by patient management indication management (e.g., symptomatic spontaneous incorporation of an category). treatment, avoidance of unnecessary electron into the nucleus, bonding with FDA agrees that there is a need to treatment). As with all diagnostic a proton to form a neutron. This is further clarify the distinction between radiopharmaceuticals for which a followed by neutrino emission from the the disease or pathology detection and patient management indication is nucleus and both x-ray and Auger assessment indication category and the sought, FDA would need to determine electron emissions from the electron diagnostic or therapeutic patient whether the proposed clinical studies shells. Iodine-123 is an example of a management indication category. A on the product included endpoints for radionuclide that decays in this manner. disease or pathology detection or assessing the appropriateness of patient assessment claim is established by C. Indications management or clinical outcomes. The demonstrating that a diagnostic medical imaging draft guidance Proposed §§ 315.4(a) and 601.33(a) radiopharmaceutical provides clinically provides further clarification on the specified the following categories of useful information that can assist in the indications that may be appropriate for indications for which FDA may approve detection, localization, or a diagnostic radiopharmaceutical under a diagnostic radiopharmaceutical: (1) characterization of a specific disease or these circumstances. Structure delineation; (2) functional, pathological state in a defined clinical 7. Two comments expressed concern physiological, or biochemical setting. However, the way that the that FDA might narrowly interpret the assessment; (3) disease or pathology information affects patient management diagnostic or therapeutic patient detection or assessment; and (4) is implied and may not be directly management indication category, noting diagnostic or therapeutic patient studied. The phrases ‘‘as an aid in’’ or that the two examples provided in the management. ‘‘as an adjunct to’’ may be appropriate preamble involved indications dealing

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Although the two examples in the indication. The ‘‘proof of principle’’ concept proposed rule related to initial patient 9. One comment maintained that the noted by the comment was used by the management rather than monitoring proposed rule should have detailed the Nuclear Regulatory Commission (NRC), response to therapy, FDA affirms that differences between diagnostic the successor agency to the AEC. The the diagnostic or therapeutic patient radiopharmaceuticals and conventional, NRC licenses persons who use nuclear management indication category nonradioactive drugs as a basis for a materials. NRC standards are directed includes drugs used to monitor patient different regulatory treatment. For exclusively at radiological health and response to therapy if the response to example, the comment stated that safety. The NRC focuses on ensuring an therapy has direct implications for adequate and well controlled adequate level of radiation protection subsequent patient management. investigations are not applicable to without regard to whether a Possible diagnostic or therapeutic diagnostic radiopharmaceuticals and radiopharmaceutical actually works. patient management indications might that specific studies involving each Because it is FDA’s statutory include diagnostic evaluation, use of a potentially applicable disease state responsibility to determine the safety nonregulated therapy such as surgery, should not be required for such drugs. and effectiveness of drug products, the and other significant aspects of how a The comment argued that ‘‘proof of NRC’s standards are not relevant to the patient is treated. For example, a principle’’ is all that has been required approval of diagnostic diagnostic radiopharmaceutical might by the Atomic Energy Commission radiopharmaceuticals under the act. be used to evaluate whether therapy for (AEC) and that use of this standard Proof of principle, e.g., the metabolic, a malignancy is causing tumor would be a good way to implement the pharmacokinetic, and pharmacological regression if that information directly requirements of the Modernization Act. database on a diagnostic affects subsequent patient management Section 122(a)(1)(A) of the radiopharmaceutical, is only part of the decisions. A patient management Modernization Act directs FDA to drug development process. This indication also might be appropriate for develop regulations for determining the information alone is insufficient to meet a radiopharmaceutical that provides a safety and effectiveness of diagnostic the requirements in the act and in FDA convenient, well tolerated, accurate test radiopharmaceuticals under section 505 regulations on safety and effectiveness that has been shown to effectively of the act (21 U.S.C. 355) and section and on product labeling statements replace a more cumbersome or risky 351 of the PHS Act (42 U.S.C. 262); it regarding such matters as safe use, the standard battery of tests, regardless of does not exempt diagnostic adverse event profile, and clinical use the availability of therapy. radiopharmaceuticals from the information. 8. Proposed §§ 315.4(b) and 601.33(b) requirements of those statutory 10. One comment maintained that stated that where a diagnostic provisions. Under section 505(d)(5) of because statements in the preamble radiopharmaceutical is not intended to the act, FDA may refuse to approve a describing the structure delineation and provide disease-specific information, new drug application (NDA) if, among functional/physiological/biochemical the proposed indications for use might other things, there is a lack of assessment indication categories do not refer to a process or to more than one substantial evidence that the drug will mention clinical benefit, unlike the disease or condition. One comment have the effect it purports or is descriptions of the other two categories, stated that this provision properly represented to have under the FDA should state that a demonstration implements the special rule in section conditions of use in its proposed of ‘‘traditional’’ clinical utility or benefit 122(a)(2) of the Modernization Act that labeling. ‘‘Substantial evidence’’ is is not required for diagnostic a radiopharmaceutical may be approved defined as adequate and well controlled radiopharmaceuticals with these types for indications referring to investigations, including clinical of indications. However, the comment manifestations of disease (such as investigations, by qualified experts, on noted that this interpretation biochemical, physiological, anatomical, the basis of which such experts may contradicted the statement in proposed or pathological processes) common to, fairly and responsibly conclude that the §§ 315.5(a) and 601.34(a) that the or present in, one or more disease states. drug will have its intended effect. Under effectiveness of a diagnostic However, the comment asked that the section 351 of the PHS Act, FDA radiopharmaceutical is assessed by phrase ‘‘biochemical, physiological, approves a biologics license application evaluating its ability to provide ‘‘useful anatomical, or pathological’’ be added (BLA) on, among other things, a clinical information’’ concerning its before the word ‘‘process’’ to eliminate demonstration that the biological proposed indications. The comment the possibility that ‘‘process’’ might be product is safe, pure, and potent. stated that it was unclear how one could construed as referring to a diagnostic Potency has long been interpreted to provide useful clinical information procedure. include effectiveness ‘‘as indicated by related to a proposed indication for use FDA agrees with the comment and appropriate laboratory tests or by that would not be of diagnostic or has revised §§ 315.4(b) and 601.33(b) adequately controlled clinical data patient management value. accordingly. obtained through the administration of Alternatively, the comment asked that the product in the manner intended’’ FDA provide an example of a drug that D. Evaluation of Effectiveness (21 CFR 600.3(s)). FDA believes that the demonstrates clinical utility but does In proposed §§ 315.5 and 601.34, FDA standard of substantial evidence is not aid in diagnosis or contribute to set forth the specific criteria that the appropriate for use in evaluating the patient management. agency would use to evaluate the sufficiency of evidence of effectiveness Although not explicitly stated in the effectiveness of a diagnostic submitted in a BLA (see FDA’s guidance preamble discussion on indication radiopharmaceutical. The proposed rule for industry entitled ‘‘Providing Clinical categories, a demonstration of clinical

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The indication categories that is used to determine the anatomical FDA believes that to demonstrate that are intended to describe the types of appearance of a structure even when the a diagnostic radiopharmaceutical has clinically useful information that could anatomy is abnormal. However, to the ability to provide useful clinical be derived from an imaging study, and clarify FDA’s intent as to what is needed information in accordance with the type of indication for a particular to demonstrate a structure delineation §§ 315.5(a) and 601.34(a), the drug must product is related to the type of clinical claim, the agency is further revising be evaluated in a defined clinical trial designs that are used in the clinical these provisions to state that a claim of setting, regardless of its proposed studies. The draft medical imaging structure delineation is established by indication. Consequently, FDA has guidance further addresses these demonstrating the ability to locate revised §§ 315.5(a)(1) and (a)(2) and matters. anatomical structures and to 601.34(a)(1) and (a)(2) to specify that It is indeed possible for a diagnostic characterize their anatomy. FDA structure delineation and functional, radiopharmaceutical to provide useful recognizes the need to clarify when a physiological, or biochemical clinical information without directly structure delineation claim is assessment claims, like disease being effective for detecting or assessing appropriate rather than a claim in one detection and patient management a disease or aiding patient management. of the other indication categories. The claims, must be demonstrated in a For example, a diagnostic agency will consider revising the defined clinical setting. The medical radiopharmaceutical might be used to medical imaging draft guidance to imaging draft guidance provides further locate and outline a normal parathyroid further explain the scope of permissible discussion and explanation of the gland; while this information might not structure delineation claims. defined clinical setting. Claims directly result in disease diagnosis and 12. One comment maintained that the involving structure delineation or might not be demonstrated to improve information provided by physiological assessment must be patient management, it could indirectly radiopharmaceuticals with functional, evaluated under a clinical protocol and assist a physician in planning and physiological, or biochemical require a population from a clinically performing surgery to remove a mass in assessment indications may be either relevant setting. Regarding the quantitative, semiquantitative, or the thyroid gland. hypothetical situation posed by the qualitative. To prevent §§ 315.5(a)(2) 11. Proposed §§ 315.5(a)(1) through comment, even if a sponsor were able to and 601.34(a)(2) from being interpreted (a)(5) and 601.34(a)(1) through (a)(5) set demonstrate unequivocally that a as permitting only quantitative forth the criteria for demonstrating diagnostic radiopharmaceutical was measurement of function or process in able to quantitate nucleic acid synthesis, effectiveness with respect to particular establishing a functional, physiological, the sponsor would have to demonstrate categories of indications. A structure or biochemical assessment claim, the the usefulness of the imaging delineation claim would be established comment requested that the phrase information in a clinically relevant by demonstrating the ability of the ‘‘quantitative, semi-quantitative, or setting. The clinical setting might be diagnostic radiopharmaceutical to locate qualitative’’ be added before the word and characterize normal anatomical ‘‘measurement.’’ broad, demonstrating the common value structures. A claim of functional, FDA agrees with the comment that a of nucleic acid synthesis. Alternatively, physiological, or biochemical diagnostic radiopharmaceutical with a the clinical studies might involve assessment would be established by functional, physiological, or patients with a need for a particular demonstrating reliable measurement of biochemical assessment indication may type of evaluation (e.g., radionuclide functions or physiological, biochemical, be established through either a ejection fraction) regardless of the or molecular processes. A claim of quantitative, semi-quantitative, or underlying disease. disease or pathology detection or qualitative measurement of a function or 14. Under proposed §§ 315.5(b) and assessment would be established by process. However, the agency concludes 601.34(b), the accuracy and usefulness demonstrating in a defined clinical that it is not necessary to revise of diagnostic information provided by a setting that the diagnostic §§ 315.5(a)(2) and 601.34(a)(2) as diagnostic radiopharmaceutical would radiopharmaceutical has sufficient requested because these provisions do be determined by comparison with a accuracy in identifying or characterizing not require any specific type of reliable assessment of actual clinical a disease or pathology. A claim of measurement. status, which could be provided by a diagnostic or therapeutic patient 13. One comment asked FDA to diagnostic standard or standards of management would be established by confirm that claims involving structure demonstrated accuracy. One comment demonstrating in a defined clinical delineation or physiological assessment maintained that these sections should setting that the test is useful in would not require evaluation in a be deleted because the act does not diagnostic or therapeutic management defined clinical setting under proposed require either accuracy or usefulness. of patients. §§ 315.5(a)(1) and (a)(2) and 601.34(a)(1) The comment stated that practitioners One comment suggested that the word and (a)(2), as would be required for determine the accuracy and usefulness ‘‘normal’’ be deleted from proposed disease detection and patient of a diagnostic radiopharmaceutical and §§ 315.5(a)(1) and 601.34(a)(1) because management claims under proposed that this information may be found in radiopharmaceuticals with structure §§ 315.5(a)(3) and (a)(4) and 601.34(a)(3) peer-reviewed literature, in the United delineation indications are used to and (a)(4). In particular, the comment States Pharmacopoeia Drug Information, locate and characterize structures that asked whether, if a sponsor could and at professional and continuing may be normal or abnormal, and in demonstrate unequivocally a diagnostic medical education meetings. The some cases they may be used to help radiopharmaceutical’s ability to comment added that accuracy and determine the abnormal appearance of a quantitate nucleic acid synthesis (one of usefulness were never a part of the AEC structure. the preamble’s examples of a process.

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FDA declines the request to delete immunologic activity. In addition, as and that such a provision does not §§ 315.5(b) and 601.34(b). Although the development of appear in the act. section 505(d) of the act and section 351 radiopharmaceuticals increasingly FDA disagrees with the proposed of the PHS Act do not specifically focuses on receptors and metabolic deletion. The risk of an incorrect require that a new drug or biologic be processes, ligands (either synthesized diagnostic determination is an shown to be ‘‘accurate’’ and ‘‘useful,’’ peptides or antibodies) could have independent factor to be considered in they do authorize FDA, as noted agonist or antagonist activity at evaluating the safety of a diagnostic previously, to refuse to approve an nanomolar levels. radiopharmaceutical under section 505 application if there is a lack of 16. One comment asked why the of the act or section 351 of the PHS Act. substantial evidence that the product safety of a diagnostic For example, a new diagnostic will have the effect it purports or is radiopharmaceutical might relate to the radiopharmaceutical might produce represented to have under the proposed pharmacological action of its ligand images and clinical information that conditions of use, based on an rather than an observed adverse event, require additional physician knowledge evaluation of well controlled clinical suggesting that a deleterious and competence for adequate trials on the product. The statistical pharmacological action would be interpretation or that might suggest an assessment of such trials includes manifested as an adverse event. incorrect diagnosis even though accuracy; the clinical assessment The pharmacological action of a interpreted by a well trained physician. considers the usefulness of the diagnostic radiopharmaceutical’s ligand Misinterpretation of the diagnostic diagnostic information in the studied directly affects the sponsor’s plan for images in such circumstances might clinical setting and the proposed detecting adverse events associated with pose a significant threat to the health of indication. FDA acknowledges that in the administration of a patients. 18. One comment stated that a the practice of medicine physicians may radiopharmaceutical. Without diagnostic radiopharmaceutical’s obtain information about a particular knowledge of the pharmacological adverse reaction profile should not be diagnostic radiopharmaceutical from action, the sponsor’s selected time considered because it is generally numerous sources, including the intervals for monitoring (e.g., immediate nonexistent, nonspecific, or trivial. published literature, and they may make reactions, 7- to 10-day reactions, 3- to 6- diagnosis and treatment decisions on FDA disagrees with the comment. It is month reactions) may not allow for possible for a diagnostic the basis of such information. Such observation, detection, and reporting of literature typically becomes available radiopharmaceutical to have a specific adverse events that occur during other and significant adverse reaction profile. after a product is marketed. However, a time intervals. Also, some adverse diagnostic radiopharmaceutical may not Examples are the development of angina events are not reported by patients and after the injection of a synthetic be marketed unless the agency may not be suggested by animal studies; determines, on the basis of data from radiopharmaceutical to evaluate they may be identified only by physical clinical trials and other information, myocardial perfusion and the immune examination (e.g., detection of that the drug is safe and effective under system response to the administration of nystagmus by cranial nerve section 505 of the act or section 351 of a radiolabeled small peptide or examination). In addition, if the the PHS Act, and that determination antibody. The production of a human pharmacological action of the ligand is must include the accuracy and antimurine antibody has been not known, the sponsor may not usefulness of the product. demonstrated in response to both first determine and use the appropriate administration as well as multiple E. Evaluation of Safety modality (e.g., clinical evaluation, administrations of a murine antibody. Proposed §§ 315.6(a) and 601.35(a) laboratory assessment, radiographic The production of the immune response listed the factors that FDA would imaging) to monitor adverse events. For to the administration of the murine consider in assessing the safety of a example, in a radiopharmaceutical that antibody has elicited life-threatening diagnostic radiopharmaceutical. These binds irreversibly to activated platelet anaphylactoid responses. Therefore, a factors include the following: The receptors, a pharmacology evaluation diagnostic radiopharmaceutical’s radiation dose; the pharmacology and would demonstrate an inhibition of adverse reaction profile is a relevant toxicology of the radiopharmaceutical platelet aggregation. Subsequent clinical factor to consider in assessing the drug’s (including any radionuclide, carrier, or studies should evaluate the bleeding safety. ligand); the risks of an incorrect time and potential drug interaction with 19. Two comments addressed the diagnostic determination; the drug’s treatments that prolong bleeding. proposed safety assessment factor adverse reaction profile; and results of Therefore, it is appropriate to include concerning ‘‘the results of human human experience with the drug for both the pharmacology and toxicology experience with the other uses. of a diagnostic radiopharmaceutical radiopharmaceutical for other uses.’’ 15. One comment maintained that (including any radionuclide, carrier, or One comment found this factor to be there is no ‘‘pharmacology and ligand) as well as the drug’s adverse confusing and asked that FDA explain toxicology of the radiopharmaceutical, reaction profile as separate factors to the phrase and provide some examples. including any radionuclide, carrier, or consider in evaluating the safety of a Another comment agreed with the ligand,’’ as stated in proposed diagnostic radiopharmaceutical. proposed rule that, when an applicant is §§ 315.6(a) and 601.35(a). 17. One comment stated that FDA seeking approval for a new indication FDA disagrees with the comment. The should delete the risks of an incorrect for a previously approved agency is aware of specific diagnostic diagnostic determination as a factor in radiopharmaceutical, the clinical data in radiopharmaceuticals, ligands, and assessing the safety of a diagnostic the approved application and carriers that have been shown to have a radiopharmaceutical. The comment postmarketing experience with that pharmacological or toxicological effect maintained that such risks depend on product should be considered in on the human body. For example, physician competence, patient assessing the safety of that biological antibodies used in cooperation, equipment quality, and radiopharmaceutical for the proposed radiopharmaceuticals have other factors that are not characteristics new use. However, the comment demonstrated pharmacological and of a diagnostic radiopharmaceutical, maintained that human safety data on a

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The potential of the drug (including its nontarget tissues and to clinically comment stated that the radionuclide carrier or ligand) to elicit allergic or detectable signs and symptoms should component of a radiopharmaceutical hypersensitivity responses, be deleted because such events do not may have a long history of use in other immunologic responses, changes in the occur (or not to any significant extent) radiopharmaceuticals and that most physiologic or biochemical function of with diagnostic radiopharmaceuticals. radiopharmaceutical issues (other than target and nontarget tissues, and FDA disagrees with the comment. radiation dosimetry issues) will arise clinically detectable signs or symptoms. FDA’s experience with evaluating the from the potential pharmacological or One comment stated that although safety of radiopharmaceuticals has toxicological properties of the allergic and immunologic responses demonstrated that the physiologic and compound used in the carrier or ligand, may be an issue with foreign proteins, biological function of target and about which there may be relevant a determination of antibody production nontarget tissues may be affected by the safety information from use in marketed in a small number of subjects would be administration of a products. Therefore, the comment enough to determine whether such radiopharmaceutical. For example, as recommended that the following factor responses are common. noted previously, the administration of be added to the end of §§ 315.6(a) and FDA disagrees with the comment. The a radiolabeled antibody can produce a 601.35(a): agency believes that there should be strong immune system response. the results of previous human experience adequate clinical experience with a Moreover, changes in target and with the ligand or carrier component (if any) diagnostic radiopharmaceutical to nontarget tissues can sometimes result of the radiopharmaceutical where essentially identify uncommon as well as common in clinically detectable signs and the same chemical entity as the ligand or allergic and immunologic responses to symptoms, such as the anaphylactoid carrier has been used in a previously approved product (e.g., as the ligand or the radiopharmaceutical. Data on a response discussed previously. carrier in another diagnostic or therapeutic small number of subjects generally are Therefore, FDA may need information radiopharmaceutical or as the active insufficient to identify an uncommon on a radiopharmaceutical’s potential to ingredient in a nonradioactive product for but potentially life-threatening adverse produce changes in the physiologic or therapeutic use). reaction. biochemical function of tissues as well FDA believes that human experience 21. One comment recommended as clinically detectable signs and with a diagnostic radiopharmaceutical adding the words ‘‘Clinically symptoms to accurately assess the for previously approved uses (or even significant’’ before ‘‘Changes in the drug’s adverse reaction profile. uses that have been studied but are physiologic or biochemical function of 23. Proposed §§ 315.6(c)(1) and unapproved) could provide important the target and nontarget tissues’’ in 601.35(c)(1) stated that, among other information about the safety of that proposed §§ 315.6(b)(3) and 601.35(b)(3) information, FDA may require the radiopharmaceutical for a proposed new because such changes are relevant to following types of data to establish the use. For example, the agency would assessing a diagnostic safety of a diagnostic review the safety experience of radiopharmaceutical’s adverse reaction radiopharmaceutical: Pharmacology technetium-99m (Tc–99m) profile only when they are clinically data, toxicology data, clinical adverse pyrophosphate used in bone imaging if significant. As an example, the event data, and a radiation safety a sponsor submitted an application for comment stated that the process by assessment. One comment maintained approval of that drug for a new which a radiopharmaceutical binds to that pharmacology, toxicology, and indication, such as imaging of an intended receptor on a cell surface clinical adverse event data are for the myocardial infarction. FDA agrees with might be regarded as a change in the most part not relevant due to the minute the comment that the results of any biochemical function of the target tissue mass of the radiopharmaceutical. human experience with the carrier or even though the change has no potential FDA disagrees with the comment. ligand of a diagnostic to adversely affect safety and has no Diagnostic radiopharmaceuticals differ radiopharmaceutical, as used in a other clinical significance. The widely in mass, and the previously studied product (either as a comment contended that its suggested pharmacological and toxicological ligand or carrier in a revision would be consistent with a effects of a diagnostic radiopharmaceutical or as an active statement in the agency’s medical radiopharmaceutical are not necessarily ingredient in a nonradioactive drug imaging draft guidance (i.e., that related to the mass of the drug product. product), should be considered in localization of a medical imaging drug However, the mass of a diagnostic assessing the safety of a diagnostic in a target organ or tissue is not radiopharmaceutical may be a relevant radiopharmaceutical. Therefore, FDA considered to have a biological effect factor in FDA’s determination of the has revised §§ 315.6(a) and 601.35(a) unless it produces demonstrable type of pharmacology, toxicology, accordingly. However, the agency perturbation). clinical adverse event monitoring, and believes that this human experience FDA declines to revise §§ 315.6(b)(3) radiation safety data needed to establish must involve the exact chemical entity and 601.35(b)(3) as recommended. The the safety of a diagnostic as the carrier or ligand of the diagnostic agency believes that the potential of a radiopharmaceutical. radiopharmaceutical undergoing safety product to change the physiologic or 24. Proposed §§ 315.6(c)(2) and assessment, rather than ‘‘essentially the biochemical function of target and 601.35(c)(2) stated that the amount of same chemical entity’’ as the comment nontarget tissues should be evaluated. new safety data required for a diagnostic recommended. (For purposes of part 315 The clinical significance of any detected radiopharmaceutical would depend on and subpart D of part 601, the terms functional change should be assessed. If the characteristics of the product and ‘‘carrier’’ and ‘‘ligand’’ collectively refer the functional change has little or no available information on the safety of to the entire nonradionuclidic portion of clinical significance, it likely will not the diagnostic radiopharmaceutical a diagnostic radiopharmaceutical.) affect the diagnostic obtained from other studies and uses. 20. Proposed §§ 315.6(b) and radiopharmaceutical’s adverse reaction Included among such information 601.35(b) stated that the assessment of profile. would be the dose, route of

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FDA would provide in a guidance document a maintained that this would enable categorize diagnostic description of the low-risk category, manufacturers to make product radiopharmaceuticals based on defined criteria for eligibility, and types of safety development decisions with the characteristics relevant to risk and data required for products in this assurance that a categorization process would specify the amount and type of category. The comment contended that will be available and applied safety data appropriate for each the medical imaging draft guidance does consistently. The comment category. For example, required safety not specify the different safety recommended that the categorization data would be limited for a category of requirements for Group 1 and Group 2 procedure provide for the following: (1) radiopharmaceuticals with a well medical imaging drugs beyond stating Sponsor submission of a request for established, low-risk profile. that reduced safety monitoring is low-risk designation at a meeting prior One comment contended that these appropriate for Phase 2 and 3 studies on to the submission of an investigational provisions fail to address the possibility Group 1 drugs. new drug application (IND) or any of a reduction in required safety data for FDA agrees with the comment and subsequent time; (2) FDA designation of previously unapproved will consider revising the medical the product as low risk if the sponsor radiopharmaceuticals. The comment imaging draft guidance to further submits preclinical data, clinical data, stated that where preexisting data address the type of safety information and/or other information demonstrating demonstrate a history of safe use of a that may be appropriate for Group 1 and that the radiopharmaceutical possesses carrier or ligand of a diagnostic Group 2 medical imaging drugs. the characteristics of a low-risk category radiopharmaceutical, such information 27. One comment asked that proposed drug; and (3) FDA action on a should permit a reduction in the §§ 315.6(c)(2) and 601.35(c)(2) be designation request within 30 days of amount of new safety data that the revised to clarify that, even for submission. sponsor must provide. Therefore, the radiopharmaceuticals that do not fall FDA agrees that there should be a comment recommended that the phrase within a low-risk category, FDA will standard procedure that the sponsor of ‘‘or its carrier or ligand component’’ be consider existing information and a diagnostic radiopharmaceutical may added following ‘‘radiopharmaceutical’’ determine on an ad hoc basis the follow to request that the agency assign in §§ 315.6(c)(2) and 601.35(c)(2). amount of new safety data that is the radiopharmaceutical to a particular FDA agrees with the comment that required for a particular diagnostic safety risk category. FDA also agrees such prior data may permit a reduction radiopharmaceutical product. that such procedure should specify, in the amount of new safety data that a FDA has revised §§ 315.6(c)(2) and among other things, when a request for sponsor may need to provide and has 601.35(c)(2) to clarify the agency’s categorization may be made and the revised these sections accordingly. approach to determining the amount of information that should be submitted 25. One comment noted that ‘‘results new safety data that will be required for with a request. However, FDA believes of preclinical studies,’’ but not clinical a particular diagnostic that it is more practical to address this studies, is listed among the kinds of radiopharmaceutical. As stated in matter in the medical imaging guidance information on the safety of a diagnostic revised §§ 315.6(c)(2) and 601.35(c)(2), rather than in regulations. radiopharmaceutical that might be used FDA will consider certain product 29. One comment requested that to determine the amount of new safety characteristics and available safety proposed §§ 315.6(c)(2) and 601.35(c)(2) data required in an application. The information obtained from other studies be revised to clarify that a diagnostic comment argued that clinical and uses in determining the amount of radiopharmaceutical that has not been information may also be important to new safety information that is needed previously approved may be eligible for consider in determining what new for each drug. The information that FDA low-risk categorization. The comment safety data is needed. Such clinical may review includes, but is not limited noted that this would allow low-risk information could include data on a to, the following: The dose, route of categorization of a previously diagnostic radiopharmaceutical administration, and frequency of use of unapproved radiopharmaceutical when approved for a different indication, on the diagnostic radiopharmaceutical; the (1) there is a history of safe use of the a carrier or ligand that has a history of half-life of the ligand, carrier, and radiopharmaceutical’s ligand or carrier use as a carrier or ligand in an approved radionuclide; and results of clinical or (2) the sponsor submits sufficient radiopharmaceutical or as the active studies. In the medical imaging preclinical and toxicology data on the ingredient in a therapeutic product, or guidance, FDA will establish categories radiopharmaceutical itself. from Phase 1 studies on the drug that is of diagnostic radiopharmaceuticals FDA agrees that, under §§ 315.6(c)(2) the subject of the pending application. based on defined characteristics and 601.35(c)(2), a diagnostic Although the comment recognized that relevant to safety risk and will specify radiopharmaceutical that has not been the list of information on the safety of the amount and type of safety data that previously approved may be eligible for a diagnostic radiopharmaceutical in is appropriate for each category (e.g., placement in a low-risk category under proposed §§ 315.6(c)(2) and 601.35(c)(2) required safety data may be limited for certain circumstances, such as those was not exclusive, the comment diagnostic radiopharmaceuticals with a suggested by the comment. However, believed that failure to explicitly well established, low-risk profile). FDA finds it unnecessary to revise these include the results of clinical studies Based on its review of the previously sections of the regulations to might dissuade sponsors from providing listed product characteristics and safety specifically refer to diagnostic FDA with useful clinical information information, FDA will place each radiopharmaceuticals that have not been early in the clinical development diagnostic radiopharmaceutical into the previously approved because the rule program for the drug. appropriate safety risk category. does not address the approval status of FDA agrees with the comment and 28. One comment stated that the the radiopharmaceuticals. The agency has revised these sections accordingly. regulation should specify a procedure intends to revise the medical imaging 26. One comment agreed with FDA’s by which a sponsor may provide FDA draft guidance to clarify that even a proposal to define a category of low-risk with information on the basis of which diagnostic radiopharmaceutical that has

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The different types of diagnostic radiopharmaceutical by radiation comments maintained that because radiopharmaceuticals. Therefore, FDA dosimetry evaluations in humans and diagnostic radiopharmaceuticals are declines to include in the regulations appropriate animal models. In making heterogeneously concentrated in various specific methods or models of dosimetry such an evaluation, dosimetry to the organs and tissues having different or to distinguish between the preclinical total body, to specific organs or tissues, radiosensitivities, the radiation safety and clinical dosimetry requirements in and, if appropriate, to target organs or assessment should consider radiation the regulations. tissues must be considered, although the absorbed doses for all organs and tissues 33. There were two comments on maximum tolerated dose need not be in conjunction with their relative maximum tolerated dose. One comment established. radiosensitivities using a so-called found the statement that the maximum One comment stated that a radiation ‘‘effective dose’’ calculation. tolerated dose need not be established to safety assessment should usually consist FDA acknowledges that a diagnostic be ‘‘curious’’ because the maximum of an estimate of radiation absorbed radiopharmaceutical is not distributed tolerated radiation dose was established dose in a few normal subjects and that uniformly throughout the body but decades ago. One comment asked that there is no need for subjects with renal rather localizes in particular organs or FDA clarify whether the phrase refers to or hepatic insufficiency or other tissues. Although FDA agrees that the maximum tolerated dose associated diseases. The comment maintained that effective dose is a relevant measure of with adverse events and laboratory precise dosimetry is usually dosimetry, the measurement of total abnormalities or to the maximum unnecessary, especially for Tc–99m body dosimetry also may provide tolerated dose based on radiation agents, because absorbed doses are relevant information in some settings. dosimetry. insignificant. The comment added that FDA believes that each sponsor should By stating in §§ 315.6(d) and even though some radionuclides may use dosimetry measurements that are 601.35(d) that the maximum tolerated give selected organ doses that are not appropriate for a particular diagnostic dose need not be established, FDA is insignificant, such doses are low and radiopharmaceutical in the defined simply clarifying that there is no need have not been associated with any clinical setting, whether this requires to determine the maximum tolerated hazard. measurement of dosimetry to the total dose of radiation as part of the radiation FDA does not agree that it is body, to specific organs or tissues, and/ dosimetry evaluation. unnecessary to measure dosimetry and or to target organs or tissues. However, IV. Analysis of Economic Impacts to assess the radiation safety of a FDA concludes that it is more diagnostic radiopharmaceutical. FDA appropriate to address this matter in the FDA has examined the impact of the agrees that current knowledge suggests medical imaging guidance rather than final rule under Executive Order 12866, that absorbed radiation doses from some the regulations so that dosimetry under the Regulatory Flexibility Act (5 diagnostic radiopharmaceuticals are not evaluations of diagnostic U.S.C. 601–612), and under the significant. However, as the comment radiopharmaceuticals may better reflect Unfunded Mandates Reform Act (Pub. notes, the experience with dosimetry developments in radiopharmaceutical L. 104–4). Executive Order 12866 and radiation safety demonstrates that science. Consequently, the agency is directs agencies to assess all costs and this is not true for all diagnostic deleting the sentence in proposed benefits of available regulatory radiopharmaceuticals. Because the §§ 315.6(d) and 601.35(d) specifying approaches that maximize net benefits agency does not know the future what must be considered in a radiation (including potential economic, significance of the absorbed radiation dosimetry evaluation. environmental, public health and safety, dose of a particular diagnostic 32. A third comment on evaluation of and other advantages; distributive radiopharmaceutical, current radiation dosimetry noted that the impacts; and equity). Under the standardized dosimetry measurements ‘‘Guideline for the Clinical Evaluation of Regulatory Flexibility Act, unless an are needed for all diagnostic Radiopharmaceutical Drugs’’ states that agency certifies that a rule will not have radiopharmaceuticals. These organ and tissue dosimetries are a significant economic impact on a standardized dosimetry measurements required only in preclinical studies; for substantial number of small entities, the ensure that the absorbed radiation dose clinical studies, dosimetry calculations agency must analyze significant of a particular diagnostic should be made only on the primary regulatory options that would minimize radiopharmaceutical is recorded in a organ(s) of interest and should follow any significant economic impact of a standardized procedure and that the the system specified by the Medical rule on small entities. The Unfunded current known risk of radiation injury Internal Radiation Dose Committee of Mandates Reform Act requires (in from the radiopharmaceutical is as low the Society of Nuclear Medicine. The section 202) that agencies prepare an as possible. comment recommended that the final assessment of anticipated costs and 31. There were three comments on rule include similar recommendations. benefits before proposing any mandate evaluation of radiation dosimetry. Two The comment also maintained that the that results in an expenditure by State, comments objected to the use of final rule must distinguish preclinical local, and tribal governments, in the dosimetry to the total body because it from clinical expectations. aggregate, or by the private sector, of assumes uniform, homogenous FDA believes that the appropriate $100 million in any 1 year. distribution of a radiopharmaceutical design of the preclinical and clinical The agency has reviewed this final throughout the body. The comments dosimetry studies for determining rule and has determined that it is contended that this is inaccurate radiation dosimetry must be based on consistent with the principles set forth because diagnostic the characteristics of the in the Executive Order and in these two radiopharmaceuticals must localize in radiopharmaceutical, e.g., statutes. FDA finds that, while the rule

VerDate 06-MAY-99 10:11 May 14, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\A17MY0.024 pfrm04 PsN: 17MYR1 26666 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations will not be an economically significant fewer than 500 employees.1 Moreover, manufacturing, and controls. The rule, it is a significant regulatory action the final rule would not impose any content and format of an application for as described in section 3 paragraph (f)(4) additional costs but, rather, might approval of a new drug are set out in of the Executive Order. Further, the reduce the clinical costs associated with § 314.50 and for a new biological agency finds that, under the Regulatory the existing regulations by clarifying product in § 601.2. Under part 315 and Flexibility Act, the rule will not have a data submission requirements. One §§ 601.30 through 601.35 of part 601, significant economic impact on a comment stated that the regulatory costs information required under the act and substantial number of small entities. currently associated with developing the PHS Act, and needed by FDA to Also, since the expenditures resulting new radiopharmaceuticals have made it evaluate the safety and effectiveness of from the standards identified in the rule difficult for more than two small entities in vivo radiopharmaceuticals, will still are less than $100 million, FDA is not to stay in business. While the agency is need to be reported. required to perform a cost/benefit not aware of any safe and effective Description of Respondents: analysis according to the Unfunded radiopharmaceuticals that have been Manufacturers of in vivo Mandates Reform Act. prevented from entering the radiopharmaceuticals used for diagnosis The final rule clarifies existing FDA marketplace, it believes that this rule and monitoring. requirements for the approval and might reduce costs and therefore benefit As required by section 3506 (c)(2)(B) evaluation of drug and biological small entities. Therefore, in accordance of the PRA, FDA provided an products already in place under the act with the Regulatory Flexibility Act, FDA opportunity for public comment on May and the PHS Act. Existing regulations certifies that this rule will not have a 22, 1998 (63 FR 28301), on the (parts 314 and 601) specify the type of significant economic impact on a information collection provisions of the information that manufacturers are substantial number of small entities. proposed rule. FDA received one required to submit so that the agency comment on the information collection V. The Paperwork Reduction Act of provisions. The comment stated that use may properly evaluate the safety and 1995 effectiveness of new drugs or biological of the figure of seven approved products. Such information is usually This final rule contains information diagnostic radiopharmaceuticals in submitted as part of an NDA, BLA, or collection provisions that are subject to fiscal year 1997 (FY 1997) resulted in a supplement to an approved application. review by the Office of Management and very low estimate of the expected The information typically includes both Budget (OMB) under the Paperwork number of future annual applications. nonclinical and clinical data concerning Reduction Act of 1995 (PRA) (44 U.S.C. The comment suggested that 50 the product’s pharmacology, toxicology, 3501–3520). The title, description, and applications would be a more adverse events, radiation safety the respondent description of the appropriate figure. Based on 5 years of experience, FDA assessments, chemistry, and information collection provisions are believes that the estimate of the number manufacturing and controls. The final shown below with an estimate of the of applications for approval of in vivo regulation recognizes the unique annual reporting burden. Included in the estimate is the time for reviewing diagnostic radiopharmaceuticals is a characteristics of diagnostic reasonable one. In FY 1992 to 1997, radiopharmaceuticals and sets out the the instructions, searching existing data sources, gathering and maintaining the FDA approved 13 in vivo diagnostic agency’s approach to the evaluation of radiopharmaceuticals. In FY 1998, only these products. For certain diagnostic data needed, and completing and reviewing each collection of one such product was approved. The radiopharmaceuticals, the final agency does not expect an increase in regulation may reduce the amount of information. Title: Regulations for In Vivo applications for approval of diagnostic safety information that an applicant Radiopharmaceuticals Used for radiopharmaceuticals in the near future. must obtain by conducting new clinical Diagnosis and Monitoring. Although sponsors may submit higher studies. This would include approved Description: FDA is finalizing numbers of IND’s for diagnostic radiopharmaceuticals with well regulations for the evaluation and radiopharmaceuticals each year, the established, low-risk safety profiles approval of in vivo annual number of NDA’s, abbreviated because such products might be able to radiopharmaceuticals used for diagnosis new drug applications, and BLA’s use scientifically sound data established and monitoring. The final rule clarifies approved is small. FDA therefore during use of the radiopharmaceutical existing FDA requirements for approval declines to change its estimate. to support the approval of a new and evaluation of drug and biological In a notice of action on the proposed indication for use. In addition, the products already in place under the rule dated July 17, 1998, OMB stated clarification achieved by the final rule is authorities of the act and the PHS Act. that it had concerns about the utility expected to reduce the costs of Those regulations, which appear and burden of the information collected submitting an application for approval primarily in parts 314 and 601, specify to demonstrate the safety and of a diagnostic radiopharmaceutical by the information that manufacturers must effectiveness of a new diagnostic improving communications between submit to FDA for the agency to radiopharmaceutical or of a new applicants and the agency and by properly evaluate the safety and indication for use of an approved reducing wasted effort directed toward effectiveness of new drugs or biological diagnostic radiopharmaceutical. OMB the submission of data that is not products. The information, which is maintained that the burden and utility necessary to meet the statutory approval usually submitted as part of an NDA or of this information collection should be standard. BLA, or as a supplement to an approved assessed in light of public comments on Manufacturers of diagnostic application, typically includes, but is the proposed rule and that FDA should radiopharmaceuticals are defined by the not limited to, nonclinical and clinical specifically address such comments in Small Business Administration as small data on the pharmacology, toxicology, the preamble to the final rule. businesses if such manufacturers adverse events, radiation safety Section 122 of the Modernization Act employ fewer than 500 employees. The assessments, and chemistry, directs FDA to develop regulations on agency finds that only 2 of the 8 the approval of diagnostic companies that currently manufacture 1 Medical & Healthcare Marketplace Guide, 13th radiopharmaceuticals under section 505 or market radiopharmaceuticals have ed., Dorland’s Directories, 1997. of the act. As discussed previously, FDA

VerDate 06-MAY-99 10:11 May 14, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\A17MY0.024 pfrm04 PsN: 17MYR1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations 26667 received only one comment on the through the Center for Biologics 0910–0001 and § 601.2 under OMB information collection provisions of the Evaluation and Research. The annual control number 0910–0124. In fact, proposed rule. None of the frequency of responses was estimated to clarification in the final rule of FDA’s manufacturers of diagnostic be one response per application or standards for evaluation of diagnostic radiopharmaceuticals who submitted supplement. The hours per response radiopharmaceuticals is expected to comments on the proposed rule refers to the estimated number of hours streamline overall information questioned the need for the submission that an applicant would spend collection burdens, particularly for of information to demonstrate the safety preparing the information required by diagnostic radiopharmaceuticals that and effectiveness of a product to obtain the final regulations. Based on FDA’s may have well established, low-risk marketing approval. Rather, their experience, the agency estimates the safety profiles, by enabling comments primarily sought clarification time needed to prepare a complete manufacturers to tailor information or proposed minor modification of the application for a diagnostic submissions and avoid conducting proposed regulations. radiopharmaceutical to be To estimate the potential number of approximately 10,000 hours, roughly unnecessary clinical studies. The respondents that would submit one-fifth of which, or 2,000 hours, is following table indicates estimates of applications or supplements for estimated to be spent preparing the the annual reporting burdens for the diagnostic radiopharmaceuticals, FDA portions of the application that are preparation of the safety and used the number of approvals granted in affected by these final regulations. The effectiveness sections of an application FY 1997 to approximate the number of final rule would not impose any that are imposed by existing regulations, future annual applications. In FY 1997, additional reporting burden for safety §§ 314.50 and 601.2. The burden totals FDA approved seven diagnostic and effectiveness information on do not include an increase in burden radiopharmaceuticals and received one diagnostic radiopharmaceuticals beyond because no increase is anticipated. This new indication supplement; of these, the estimated current burden of 2,000 estimate does not include the actual three respondents received approval hours because safety and effectiveness time needed to conduct studies and through the Center for Drug Evaluation information is already required by trials or other research from which the and Research and five received approval § 314.50 under OMB control number reported information is obtained.

TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN1

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

315.4, 315.5, and 315.6 3 1 3 2,000 6,000 601.33, 601.34, and 601.35 5 1 5 2,000 10,000 Total 8 8 16,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The information collection provisions 21 CFR Part 601 § 315.1 Scope. of the final rule have been submitted to Administrative practice and The regulations in this part apply to OMB for review. Prior to the effective radiopharmaceuticals intended for in date of the final rule, FDA will publish procedure, Biologics, Confidential business information. vivo administration for diagnostic and a notice in the Federal Register monitoring use. They do not apply to Therefore, under the Federal Food, announcing OMB’s decision to approve, radiopharmaceuticals intended for Drug, and Cosmetic Act, the Public modify, or disapprove the information therapeutic purposes. In situations Health Service Act, the Food and Drug collection provisions in the final rule. where a particular radiopharmaceutical Administration Modernization Act, and An agency may not conduct or sponsor, is proposed for both diagnostic and under authority delegated to the and a person is not required to respond therapeutic uses, the Commissioner of Food and Drugs, 21 to, a collection of information unless it radiopharmaceutical must be evaluated CFR chapter I is amended to read as displays a currently valid OMB control taking into account each intended use. number. follows: § 315.2 Definition. VI. Environmental Impact 1. Part 315 is added to read as follows: For purposes of this part, diagnostic PART 315ÐDIAGNOSTIC The agency has determined under 21 radiopharmaceutical means: CFR 25.30(h) that this action is of a type RADIOPHARMACEUTICALS (a) An article that is intended for use that does not individually or Sec. in the diagnosis or monitoring of a cumulatively have a significant effect on 315.1 Scope. disease or a manifestation of a disease the human environment. Therefore, 315.2 Definition. in humans and that exhibits neither an environmental assessment 315.3 General factors relevant to safety and spontaneous disintegration of unstable nor an environmental impact statement effectiveness. nuclei with the emission of nuclear is required. 315.4 Indications. particles or photons; or 315.5 Evaluation of effectiveness. List of Subjects 315.6 Evaluation of safety. (b) Any nonradioactive reagent kit or nuclide generator that is intended to be 21 CFR Part 315 Authority: 21 U.S.C. 321, 331, 351, 352, used in the preparation of such article 353, 355, 371, 374, 379e; sec. 122, Pub. L. Biologics, Diagnostic 105–115, 111 Stat. 2322 (21 U.S.C. 355 note). as defined in paragraph (a) of this radiopharmaceuticals, Drugs. section.

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§ 315.3 General factors relevant to safety established by demonstrating in a characteristics of the product and and effectiveness. defined clinical setting that the test is available information regarding the FDA’s determination of the safety and useful in diagnostic or therapeutic safety of the diagnostic effectiveness of a diagnostic patient management. radiopharmaceutical, and its carrier or radiopharmaceutical includes (5) For a claim that does not fall ligand, obtained from other studies and consideration of the following: within the indication categories uses. Such information may include, but (a) The proposed use of the diagnostic identified in § 315.4, the applicant or is not limited to, the dose, route of radiopharmaceutical in the practice of sponsor should consult FDA on how to administration, frequency of use, half- medicine, establish the effectiveness of the life of the ligand or carrier, half-life of (b) The pharmacological and diagnostic radiopharmaceutical for the the radionuclide, and results of clinical toxicological activity of the diagnostic claim. and preclinical studies. FDA will radiopharmaceutical (including any (b) The accuracy and usefulness of the establish categories of diagnostic carrier or ligand component of the diagnostic information is determined by radiopharmaceuticals based on defined diagnostic radiopharmaceutical), and comparison with a reliable assessment characteristics relevant to risk and will (c) The estimated absorbed radiation of actual clinical status. A reliable specify the amount and type of safety dose of the diagnostic assessment of actual clinical status may data that are appropriate for each radiopharmaceutical. be provided by a diagnostic standard or category (e.g., required safety data may standards of demonstrated accuracy. In § 315.4 Indications. be limited for diagnostic the absence of such diagnostic radiopharmaceuticals with a well (a) For diagnostic standard(s), the actual clinical status established, low-risk profile). Upon radiopharmaceuticals, the categories of must be established in another manner, reviewing the relevant product proposed indications for use include, e.g., patient followup. characteristics and safety information, but are not limited to, the following: FDA will place each diagnostic (1) Structure delineation; § 315.6 Evaluation of safety. (2) Functional, physiological, or radiopharmaceutical into the (a) Factors considered in the safety appropriate safety risk category. biochemical assessment; assessment of a diagnostic (3) Disease or pathology detection or radiopharmaceutical include, among (d) Radiation safety assessment. The assessment; and others, the following: radiation safety assessment must (4) Diagnostic or therapeutic patient (1) The radiation dose; establish the radiation dose of a management. (2) The pharmacology and toxicology diagnostic radiopharmaceutical by (b) Where a diagnostic of the radiopharmaceutical, including radiation dosimetry evaluations in radiopharmaceutical is not intended to any radionuclide, carrier, or ligand; humans and appropriate animal models. provide disease-specific information, (3) The risks of an incorrect diagnostic The maximum tolerated dose need not the proposed indications for use may determination; be established. refer to a biochemical, physiological, (4) The adverse reaction profile of the anatomical, or pathological process or to drug; PART 601ÐLICENSING more than one disease or condition. (5) Results of human experience with the radiopharmaceutical for other uses; 2. The authority citation for part 601 § 315.5 Evaluation of effectiveness. and is revised to read as follows: (a) The effectiveness of a diagnostic (6) Results of any previous human Authority: 15 U.S.C. 1451–1561; 21 U.S.C. radiopharmaceutical is assessed by experience with the carrier or ligand of 321, 351, 352, 353, 355, 360, 360c–360f, evaluating its ability to provide useful the radiopharmaceutical when the same 360h–360j, 371, 374, 379e, 381; 42 U.S.C. clinical information related to its chemical entity as the carrier or ligand 216, 241, 262, 263; sec. 122, Pub. L. 105–115, proposed indications for use. The has been used in a previously studied 111 Stat. 2322 (21 U.S.C. 355 note). method of this evaluation varies product. depending upon the proposed (b) The assessment of the adverse § 601.33 [Redesignated as § 601.28] indication(s) and may use one or more reaction profile includes, but is not of the following criteria: limited to, an evaluation of the potential 3. Section 601.33 is redesignated as (1) The claim of structure delineation of the diagnostic radiopharmaceutical, § 601.28 and transferred from subpart D is established by demonstrating in a including the carrier or ligand, to elicit to subpart C, and the redesignated defined clinical setting the ability to the following: section heading is revised to read as locate anatomical structures and to (1) Allergic or hypersensitivity follows: characterize their anatomy. responses, (2) The claim of functional, § 601.28 Foreign establishments and (2) Immunologic responses, products: samples for each importation. physiological, or biochemical (3) Changes in the physiologic or assessment is established by biochemical function of the target and * * * * * demonstrating in a defined clinical nontarget tissues, and 4. Subpart D is revised to read as setting reliable measurement of (4) Clinically detectable signs or follows: function(s) or physiological, symptoms. Subpart DÐDiagnostic biochemical, or molecular process(es). (c)(1) To establish the safety of a Radiopharmaceuticals (3) The claim of disease or pathology diagnostic radiopharmaceutical, FDA detection or assessment is established may require, among other information, Sec. by demonstrating in a defined clinical the following types of data: 601.30 Scope. setting that the diagnostic (i) Pharmacology data, 601.31 Definition. radiopharmaceutical has sufficient (ii) Toxicology data, 601.32 General factors relevant to safety accuracy in identifying or characterizing (iii) Clinical adverse event data, and and effectiveness. the disease or pathology. (iv) Radiation safety assessment. 601.33 Indications. (4) The claim of diagnostic or (2) The amount of new safety data 601.34 Evaluation of effectiveness. therapeutic patient management is required will depend on the 601.35 Evaluation of safety.

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Subpart DÐDiagnostic § 601.34 Evaluation of effectiveness. (5) Results of human experience with Radiopharmaceuticals (a) The effectiveness of a diagnostic the radiopharmaceutical for other uses; radiopharmaceutical is assessed by and § 601.30 Scope. evaluating its ability to provide useful (6) Results of any previous human This subpart applies to clinical information related to its experience with the carrier or ligand of radiopharmaceuticals intended for in proposed indications for use. The the radiopharmaceutical when the same vivo administration for diagnostic and method of this evaluation varies chemical entity as the carrier or ligand monitoring use. It does not apply to depending upon the proposed has been used in a previously studied radiopharmaceuticals intended for indication(s) and may use one or more product. therapeutic purposes. In situations of the following criteria: (b) The assessment of the adverse where a particular radiopharmaceutical (1) The claim of structure delineation reaction profile includes, but is not is proposed for both diagnostic and is established by demonstrating in a limited to, an evaluation of the potential therapeutic uses, the defined clinical setting the ability to of the diagnostic radiopharmaceutical, radiopharmaceutical must be evaluated locate anatomical structures and to including the carrier or ligand, to elicit taking into account each intended use. characterize their anatomy. the following: § 601.31 Definition. (2) The claim of functional, (1) Allergic or hypersensitivity For purposes of this part, diagnostic physiological, or biochemical responses, radiopharmaceutical means: assessment is established by (2) Immunologic responses, (a) An article that is intended for use demonstrating in a defined clinical (3) Changes in the physiologic or in the diagnosis or monitoring of a setting reliable measurement of biochemical function of the target and disease or a manifestation of a disease function(s) or physiological, nontarget tissues, and biochemical, or molecular process(es). in humans and that exhibits (4) Clinically detectable signs or (3) The claim of disease or pathology spontaneous disintegration of unstable symptoms. nuclei with the emission of nuclear detection or assessment is established (c)(1) To establish the safety of a particles or photons; or by demonstrating in a defined clinical diagnostic radiopharmaceutical, FDA (b) Any nonradioactive reagent kit or setting that the diagnostic may require, among other information, nuclide generator that is intended to be radiopharmaceutical has sufficient the following types of data: used in the preparation of such article accuracy in identifying or characterizing as defined in paragraph (a) of this the disease or pathology. (A) Pharmacology data, section. (4) The claim of diagnostic or (B) Toxicology data, therapeutic patient management is (C) Clinical adverse event data, and § 601.32 General factors relevant to safety established by demonstrating in a and effectiveness. (D) Radiation safety assessment. defined clinical setting that the test is (2) The amount of new safety data FDA’s determination of the safety and useful in diagnostic or therapeutic effectiveness of a diagnostic required will depend on the patient management. characteristics of the product and radiopharmaceutical includes (5) For a claim that does not fall consideration of the following: available information regarding the within the indication categories safety of the diagnostic (a) The proposed use of the diagnostic identified in § 601.33, the applicant or radiopharmaceutical in the practice of radiopharmaceutical, and its carrier or sponsor should consult FDA on how to ligand, obtained from other studies and medicine; establish the effectiveness of the (b) The pharmacological and uses. Such information may include, but diagnostic radiopharmaceutical for the is not limited to, the dose, route of toxicological activity of the diagnostic claim. radiopharmaceutical (including any administration, frequency of use, half- (b) The accuracy and usefulness of the carrier or ligand component of the life of the ligand or carrier, half-life of diagnostic information is determined by diagnostic radiopharmaceutical); and the radionuclide, and results of clinical comparison with a reliable assessment (c) The estimated absorbed radiation and preclinical studies. FDA will of actual clinical status. A reliable dose of the diagnostic establish categories of diagnostic assessment of actual clinical status may radiopharmaceutical. radiopharmaceuticals based on defined be provided by a diagnostic standard or characteristics relevant to risk and will § 601.33 Indications. standards of demonstrated accuracy. In specify the amount and type of safety (a) For diagnostic the absence of such diagnostic data that are appropriate for each radiopharmaceuticals, the categories of standard(s), the actual clinical status category (e.g., required safety data may proposed indications for use include, must be established in another manner, be limited for diagnostic but are not limited to, the following: e.g., patient followup. radiopharmaceuticals with a well (1) Structure delineation; § 601.35 Evaluation of safety. established, low-risk profile). Upon (2) Functional, physiological, or reviewing the relevant product biochemical assessment; (a) Factors considered in the safety characteristics and safety information, (3) Disease or pathology detection or assessment of a diagnostic FDA will place each diagnostic assessment; and radiopharmaceutical include, among radiopharmaceutical into the (4) Diagnostic or therapeutic patient others, the following: appropriate safety risk category. management. (1) The radiation dose; (d) Radiation safety assessment. The (b) Where a diagnostic (2) The pharmacology and toxicology radiation safety assessment must radiopharmaceutical is not intended to of the radiopharmaceutical, including establish the radiation dose of a provide disease-specific information, any radionuclide, carrier, or ligand; diagnostic radiopharmaceutical by the proposed indications for use may (3) The risks of an incorrect diagnostic radiation dosimetry evaluations in refer to a biochemical, physiological, determination; humans and appropriate animal models. anatomical, or pathological process or to (4) The adverse reaction profile of the The maximum tolerated dose need not more than one disease or condition. drug; be established.

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Dated: April 16, 1999. leptospirosis caused by Leptospira 2. Section 522.1660 is amended by William K. Hubbard, pomona; and (7) wound infections and revising paragraph (d)(2)(iii) to read as Associate Commissioner for Policy acute metritis caused by strains of follows: Coordination. streptococcal and staphylococcal § 522.1660 Oxytetracycline injection. [FR Doc. 99–12320 Filed 5–14–99; 8:45 am] organisms. The drug is for BILLING CODE 4160±01±F intramuscular use in swine for * * * * * treatment of bacterial enteritis (scours, (d) * * * colibacillosis) caused by E. coli, (2) * * * DEPARTMENT OF HEALTH AND pneumonia caused by P. multocida, and (iii) Limitations. Administer HUMAN SERVICES leptospirosis caused by L. pomona, and intramuscularly. Do not inject more in sows as an aid in the control of than 5 milliliters per site in adult swine. Food and Drug Administration infectious enteritis (baby pig scours, Discontinue treatment at least 28 days colibacillosis) in suckling pigs caused prior to slaughter when provided by 21 CFR Part 522 by E. coli. The ANADA is approved as 000010, 000069, 011722, 053389, 059130, and 061623. Implantation or Injectable Dosage of March 16, 1999, and the regulations Form New Animal Drugs; are amended by revising Dated: May 3, 1999. Oxytetracycline Injection § 522.1660(d)(2)(iii) (21 CFR Margaret Ann Miller, 522.1660(d)(2)(iii)) to reflect the Acting Director, Office of New Animal Drug AGENCY: Food and Drug Administration, approval. Because the current regulation Evaluation, Center for Veterinary Medicine. HHS. failed to reflect the previously [FR Doc. 99–12284 Filed 5–14–99; 8:45 am] ACTION: Final rule. established 36-day withdrawal period BILLING CODE 4160±01±F for subcutaneous use of oxytetracycline SUMMARY: The Food and Drug injection in cattle, no revision to Administration (FDA) is amending the § 522.1660(d)(1)(iii) is required for this DEPARTMENT OF HEALTH AND animal drug regulations to reflect supplemental approval that establishes HUMAN SERVICES approval of a supplemental abbreviated a 28-day withdrawal period for new animal drug application (ANADA) subcutaneous use of oxytetracycline Food and Drug Administration filed by Boehringer Ingelheim injection in cattle. The basis of approval Vetmedica, Inc. The supplemental is discussed in the freedom of 21 CFR Parts 522 and 556 ANADA provides for establishment of a information summary. Implantation or Injectable Dosage 28-day withdrawal period for In accordance with the freedom of subcutaneous use of oxytetracycline Form New Animal Drugs; Ivermectin; information provisions of 21 CFR part Ivermectin and Clorsulon injection in cattle and for intramuscular 20 and 514.11(e)(2)(ii), a summary of use in swine. safety and effectiveness data and AGENCY: Food and Drug Administration, EFFECTIVE DATE: May 17, 1999. information submitted to support HHS. FOR FURTHER INFORMATION CONTACT: approval of this application may be seen ACTION: Final rule. William T. Flynn, Center for Veterinary in the Dockets Management Branch Medicine (HFV–133), Food and Drug (HFA–305), Food and Drug SUMMARY: The Food and Drug Administration, 7500 Standish Pl., Administration, 5630 Fishers Lane, rm. Administration (FDA) is amending the Rockville, MD 20855, 301–827–7570. 1061, Rockville, MD 20852, between 9 animal drug regulations to reflect SUPPLEMENTARY INFORMATION: a.m. and 4 p.m., Monday through approval of two supplemental new Boehringer Ingelheim Vetmedica, Inc., Friday. animal drug applications (NADA’s) filed 2621 North Belt Highway, St. Joseph, by Merial Ltd. One supplement provides The agency has determined under 21 for use of ivermectin injection, and the MO 64506, filed supplemental ANADA CFR 25.33(a)(1) that this action is of a 200–008 that provides for establishment other provides for the use of ivermectin type that does not individually or and clorsulon injection, for 28-day of a 28-day withdrawal period for cumulatively have a significant effect on subcutaneous use in cattle and persistent control of lungworms in TM the human environment. Therefore, cattle. In addition, a tolerance for intramuscular use in swine of Oxytet neither an environmental assessment 200 and Bio-Mycin 200 ivermectin residues in cattle muscle is nor an environmental impact statement established. (oxytetracycline injection). The 28-day is required. withdrawal period for the intravenous EFFECTIVE DATE: May 17, 1999. and intramuscular use of List of Subjects in 21 CFR Part 522 FOR FURTHER INFORMATION CONTACT: oxytetracycline injection in cattle, Janis R. Messenheimer, Center for assigned as part of the original approval, Animal drugs. Veterinary Medicine (HFV–135), Food remains unchanged. The drug is for Therefore, under the Federal Food, and Drug Administration, 7500 Standish intramuscular, subcutaneous, or Drug, and Cosmetic Act and under Pl., Rockville, MD 20855, 301–827– intravenous treatment of beef cattle and authority delegated to the Commissioner 7578. nonlactating dairy cattle as follows: (1) of Food and Drugs and redelegated to SUPPLEMENTARY INFORMATION: Merial Bacterial pneumonia and shipping fever the Center for Veterinary Medicine, 21 Ltd., 2100 Ronson Rd., Iselin, NJ 08830– complex associated with Pasteurella CFR part 522 is amended as follows: 3077, is sponsor of NADA 128–409 that spp. and Haemophilus spp.; (2) provides for use of Ivomec Injection (1 infectious bovine keratoconjunctivitis PART 522ÐIMPLANTATION OR percent ivermectin) and NADA 140–833 (pinkeye) caused by Moraxella bovis; (3) INJECTABLE DOSAGE FORM NEW that provides for use of Ivomec Plus foot rot and diptheria caused by ANIMAL DRUGS Injection (1 percent ivermectin and 10 Fusobacterium necrophorum; (4) percent clorsulon) in cattle. The bacterial enteritis (scours) caused by 1. The authority citation for 21 CFR NADA’s provide for use of the drugs for Escherichia coli; (5) wooden tongue part 522 continues to read as follows: the treatment and control of caused by Actinobacillus lignieresii; (6) Authority: 21 U.S.C. 360b. gastrointestinal roundworm, lungworm,

VerDate 06-MAY-99 16:01 May 14, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\17MYR1.XXX pfrm01 PsN: 17MYR1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations 26671 grub, lice, and mange mite infections, to List of Subjects DEPARTMENT OF HEALTH AND control infection and to protect from 21 CFR Part 522 HUMAN SERVICES reinfection with Dictyocaulus viviparus and Ostertagia ostertagi for 21 days after Animal drugs. Food and Drug Administration treatment, and Haemonchus placei, 21 CFR Part 556 Trichostrongylus axei, Cooperia 21 CFR Parts 556 and 558 punctata, C. oncophora, and Animal drugs, Foods. New Animal Drugs For Use In Animal Oesophagostomum radiatum for 14 Therefore, under the Federal Food, Feeds; Sulfadimethoxine with days after treatment. Also, NADA 140– Drug, and Cosmetic Act and under Ormetoprim 833 provides for treatment and control authority delegated to the Commissioner of Food and Drugs and redelegated to of liver flukes. Merial Ltd. filed AGENCY: Food and Drug Administration, supplements to both NADA’s that the Center for Veterinary Medicine, 21 HHS. CFR parts 522 and 556 are amended as amend their use to provide for control ACTION: Final rule. of infection and protection from follows: SUMMARY: The Food and Drug reinfection of Dictyocaulus viviparus for PART 522ÐIMPLANTATION OR Administration (FDA) is amending the 28 days after treatment. The INJECTABLE DOSAGE FORM NEW animal drug regulations to reflect supplements are approved as of April 1, ANIMAL DRUGS 1999, and the regulations are amended approval of a supplemental new animal in 21 CFR 522.1192(d)(2)(ii) and 1. The authority citation for 21 CFR drug application (NADA) filed by Roche 522.1193(d)(2) to reflect the approval. part 522 continues to read as follows: Vitamins, Inc. The supplemental NADA The basis of approval is discussed in the Authority: 21 U.S.C. 360b. provides for use of sulfadimethoxine/ freedom of information summary. ormetoprim type A medicated articles to In addition, FDA has revised the § 522.1192 [Amended] make type C medicated chukar partridge feeds used for the prevention of tolerances for residues of ivermectin to 2. Section 522.1192 Ivermectin coccidiosis. Also, FDA is amending the establish an acceptable daily intake and injection is amended in paragraph regulations to reflect tolerances for a swine muscle tolerance (63 FR 54352, (d)(2)(ii) in the last sentence by residues of sulfadimethoxine and for October 9, 1998). At this time, FDA removing ‘‘D. viparus and’’ and adding ormetoprim in edible chukar partridge further amends the ivermectin residue in its place ‘‘D. viviparus for 28 days tissues. tolerances in 21 CFR 556.344 to after treatment,’’. establish a cattle muscle tolerance. EFFECTIVE DATE: May 17, 1999. 3. Section 522.1193 is amended in FOR FURTHER INFORMATION CONTACT: In accordance with the freedom of paragraph (d)(2) by revising the last Naba K. Das, Center for Veterinary information provisions of 21 CFR part sentence to read as follows: Medicine (HFV–133), Food and Drug 20 and 514.11(e)(2)(ii), a summary of Administration, 7500 Standish Pl., safety and effectiveness data and § 522.1193 Ivermectin and clorsulon Rockville, MD 20855, 301–827–7569. information submitted to support injection. approval of these applications may be * * * * * SUPPLEMENTARY INFORMATION: Roche seen in the Dockets Management Branch (d) * * * Vitamins, Inc., 45 Waterview Blvd., (HFA–305), Food and Drug (2) * * * It is also used to control Parsippany, NJ 07054–1298, filed infections of D. viviparus for 28 days supplemental NADA 40–209 that Administration, 5630 Fishers Lane, rm.  1061, Rockville, MD 20852, between 9 afer treatment, O. ostertagi for 21 days provides for use of Rofenaid 40 (113.5 a.m. and 4 p.m., Monday through after treatment, and H. placei, T. axei, grams per pound (g/lb) (25 percent) Friday. C. punctata, C. oncophora, and O. sulfadimethoxine with 68.1 g/lb (15 radiatum for 14 days after treatment. percent) ormetoprim) type A medicated Under section 512(c)(2)(F)(iii) of the * * * * * articles to make type C chukar partridge Federal Food, Drug, and Cosmetic Act feeds containing 113.5 grams per ton (g/ (21 U.S.C. 360b(c)(2)(F)(iii)), these PART 556ÐTOLERANCES FOR t) sulfadimethoxine and 68.1 g/t supplemental approvals for food- RESIDUES OF NEW ANIMAL DRUGS ormetoprim. The type C chukar producing animals qualify for 3 years of IN FOOD partridge feeds are fed continuously to marketing exclusivity beginning April 1, young birds up to 8 weeks of age for the 1999, because the supplements contain 4. The authority citation for 21 CFR prevention of coccidiosis caused by substantial evidence of effectiveness of part 556 continues to read as follows: Eimeria kofoidi and E. legionensis. The the drug involved, any studies of animal Authority: 21 U.S.C. 342, 360b, 371. supplemental NADA is approved as of safety or, in the case of food-producing 5. Section 556.344 is amended by April 1, 1999. The regulations are animals, human food safety studies amended in 21 CFR 558.575 to (other than bioequivalence or residue adding paragraph (b)(2)(ii) to read as follows: redesignate paragraph (c) as paragraph studies) required for approval of the (d), to reserve paragraph (c), to amend supplements and conducted or § 556.344 Ivermectin. paragraph (a) to reflect the redesignation sponsored by the applicant. Exclusivity and to reflect the approval, and to add * * * * * applies only to the additional indication paragraph (d)(7) to further reflect the for persistent effectiveness. (b) * * * (2) * * * approval. The basis of approval is FDA has determined under 21 CFR (ii) Cattle. 10 parts per billion. discussed in the freedom of information 25.33(a)(1) that these actions are of a summary. type that do not individually or Dated: May 3, 1999. Also, tolerances are established for cumulatively have a significant effect on Margaret Ann Miller, sulfadimethoxine and for ormetoprim the human environment. Therefore, Acting Director, Office of New Animal Drug residues in edible chukar partridge neither an environmental assessment Evaluation, Center for Veterinary Medicine. tissues. The regulations are amended in nor an environmental impact statement [FR Doc. 99–12286 Filed 5–14–99; 8:45 am] 21 CFR 556.490 and 556.640, is required. BILLING CODE 4160±01±F accordingly.

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Approval of this supplement is based (b) Tolerances. (1) A tolerance of 0.1 DEPARTMENT OF TRANSPORTATION on data and information in Public part per million (ppm) is established for Master File (PMF) 5157. The notice of negligible residues of sulfadimethoxine Coast Guard availability of a summary of the data in uncooked edible tissues of chickens, 33 CFR Part 151 and information in PMF 5157 and of turkeys, cattle, ducks, salmonids, permission to use it to support approval catfish, and chukar partridges. [USCG 1998±3423] of a NADA or supplemental NADA was (2) A tolerance of 0.01 ppm is RIN 2115±AF55 published in the Federal Register of July 19, 1996 (61 FR 37753). established for negligible residues of sulfadimethoxine in milk. Implementation of the National In accordance with the freedom of Invasive Species Act of 1996 (NISA) information provisions of 21 CFR part PART 558ÐNEW ANIMAL DRUGS FOR AGENCY: Coast Guard, DOT. 20 and 514.11(e)(2)(ii), a summary of USE IN ANIMAL FEEDS safety and effectiveness data and ACTION: Interim rule with request for information submitted to support 4. The authority citation for 21 CFR comments. approval of this application may be seen part 558 continues to read as follows: in the Dockets Management Branch SUMMARY: To comply with the National (HFA–305), Food and Drug Authority: 21 U.S.C. 360b, 371. Invasive Species Act of 1996 (NISA), the Administration, 5630 Fishers Lane, rm. Coast Guard establishes both regulations 5. Section 558.575 is amended by 1061, Rockville, MD 20852, between 9 and voluntary guidelines to control the a.m. and 4 p.m., Monday through revising paragraph (a), redesignating invasion of aquatic nuisance species Friday. paragraph (c) as paragraph (d), reserving (ANS). Ballast water from ships is one FDA has determined under 21 CFR paragraph (c), and adding paragraph of the largest pathways for the 25.33(d)(4) that this action is of a type (d)(7) to read as follows: intercontinental introduction and that does not individually or spread of ANS. This rule amends cumulatively have a significant effect on § 558.575 Sulfadimethoxine, ormetoprim. existing regulations for the Great Lakes ecosystem, establishes voluntary ballast the human environment. Therefore, (a) Approvals. Type A medicated water management guidelines for all neither an environmental assessment articles to sponsors as identified in other waters of the United States, and nor an environmental impact statement § 510.600(c) of this chapter for uses as is required. establishes mandatory reporting for in paragraph (d) of this section as nearly all vessels entering waters of the List of Subjects follows: United States. 21 CFR Part 556 (1) 25 percent sufadimethoxine and DATES: This interim rule is effective July 15 percent ormetoprim to 000004 for 1, 1999. Comments and related material Animal drugs, Foods. use for poultry as in paragraphs (d)(1), must reach the Docket Management 21 CFR Part 558 (d)(2), (d)(3), (d)(4), and (d)(7) of this Facility on or before July 16, 1999. section. Animal drugs, Animal feeds. Comments sent to the Office of Therefore, under the Federal Food, (2) 25 percent sulfadimethoxine and 5 Management and Budget (OMB) on Drug, and Cosmetic Act and under the percent ormetoprim to 000004 for use collection of information must reach authority delegated to the Commissioner for fish as in paragraphs (d)(5) and (d)(6) OMB on or before July 16, 1999. of Food and Drugs and redelegated to of this section. ADDRESSES: You may submit your comments and material by mail, hand the Center for Veterinary Medicine, 21 * * * * * CFR parts 556 and 558 are amended as delivery, fax, or electronic means to the (c) [Reserved] follows: Docket Management Facility at the (d) * * * address under ADDRESSES; but please PART 556ÐTOLERANCES FOR (7) Chukar partridges—(i) Amount per submit your comments and material by only one of the following methods to RESIDUES OF NEW ANIMAL DRUGS ton. Sulfadimethoxine 113.5 grams IN FOOD help us avoid confusion in the public (0.0125 percent) plus ormetoprim 68.1 docket: grams (0.0075 percent). 1. The authority citation for 21 CFR (1) By mail to the Docket Management part 556 continues to read as follows: (ii) Indications for use. For prevention Facility (USCG–1998–3423), U.S. Authority: 21 U.S.C. 342, 360b, 371. of coccidiosis caused by Eimeria kofoidi Department of Transportation, room PL– and E. legionensis. 2. Section 556.490 is revised to read 401, 400 Seventh Street SW., as follows: (iii) Limitations. Feed continuously to Washington, DC 20590–0001. young birds up to 8 weeks of age as sole (2) By hand delivery to room PL–401 § 556.490 Ormetoprim. ration. on the Plaza level of the Nassif Building, 400 Seventh Street SW., Washington, (a) [Reserved] Dated: April 30, 1999. DC, between 9 a.m. and 5 p.m., Monday (b) Tolerances. A tolerance of 0.1 part Stephen F. Sundlof, through Friday, except Federal holidays. per million (ppm) is established for Director, Center for Veterinary Medicine. The telephone number is 202–366– negligible residues of ormetoprim in [FR Doc. 99–12285 Filed 5–14–99; 8:45 am] 9329. uncooked edible tissues of chickens, BILLING CODE 4160±01±F (3) By fax to Docket Management turkeys, ducks, salmonids, catfish, and Facility at 202–493–2251. chukar partridges. (4) Electronically through the Web 3. Section 556.640 is revised to read Site for the Docket Management System as follows: at http://dms.dot.gov. You may also mail comments on § 556.640 Sulfadimethoxine. collection of information to the Office of (a) [Reserved] Information and Regulatory Affairs,

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Office of Management and Budget, 725 would be beneficial. If we determine and Management of Ships’ Ballast Water 17th Street NW., Washington, DC 20503, that one would aid this rulemaking, we to Minimize the Transfer of Harmful ATTN: Desk Officer, U.S. Coast Guard. will hold one at a time and place Aquatic Organisms and Pathogens.’’ The The Docket Management Facility announced by a later notice in the IMO recommends that all maritime maintains the public docket for this Federal Register. nations of the world adopt and use these rulemaking. Comments and material voluntary guidelines. Regulatory History received from the public, as well as The regulations and guidelines in this documents indicated in this preamble as On April 8, 1993, the Coast Guard rule will help control the spread of being available in the docket, will published a final rule titled ‘‘Ballast invasive species. This rule will become part of this docket and will be Water Management for Vessels Entering implement the Act by— available for inspection or copying at the Great Lakes’’ in the Federal Register • Requiring operators of vessels room PL–401 on the Plaza level of the (58 FR 18330). The rule established entering waters of the United States Nassif Building at the same address mandatory procedures for the Great from beyond the EEZ to submit a ballast between 9 a.m. and 5 p.m., Monday Lakes in 33 CFR part 151, subpart C. water management report; through Friday, except Federal holidays. On December 30, 1994, we published • Providing voluntary ballast water You may also find this docket on the a final rule titled ‘‘Ballast Water management guidelines for operators of Internet at http://dms.dot.gov. Management for Vessels Entering the vessels entering waters of the United You can get the International Hudson River’’ in the Federal Register States from beyond the Exclusive Maritime Organization (IMO) (59 FR 67632). The rule amended the Economic Zone (EEZ); and • publications and documents referred to regulations in 33 CFR part 151 to Promoting ballast water in this preamble from the International include requirements for portions of the management for operators of all vessels Maritime Organization, Publications Hudson River, which connects to the in waters of the United States. Great Lakes. Section, 4 Albert Embankment, London Discussion of Comments and Changes SE1 7SR, England. On April 10, 1998, we published a notice of proposed rulemaking (NPRM) The Coast Guard received 53 FOR FURTHER INFORMATION CONTACT: For titled ‘‘Implementation of the National comment letters, containing 361 specific questions on this rule, contact Invasive Species Act of 1996 (NISA)’’ in comments on the NPRM. The Lieutenant Mary Pat McKeown, Project the Federal Register (63 FR 17782). The paragraphs in this section discuss the Manager, U.S. Coast Guard Coast Guard received 53 letters comments we received and the Coast Headquarters, Office of Operating and commenting on the NPRM. Several Guard’s responses, and explain any Environmental Standards (G–MSO), letters requested more time to comment. changes we made to the proposed telephone 202–267–0500. For questions On June 16, 1998, we published a regulations. General comments on the on viewing, or submitting material to, notice (63 FR 32780) to reopen the rulemaking are discussed first, followed the docket, contact Dorothy Walker, comment period until August 8, 1998. by comments on specific sections of the Chief, Dockets, Department of On June 16, 1998, we also published a regulation. Other changes to the Transportation, telephone 202–366– correction notice in the Federal Register proposed rule, not based on comments, 9329. (63 FR 32780), making minor editorial are discussed last. SUPPLEMENTARY INFORMATION: corrections to the NPRM. No public General Comments Request for Comments meeting was requested, and none was held. Several comments asked the Coast The Coast Guard encourages you to Guard to extend the comment period to participate in this rulemaking by Background and Purpose allow adequate time to comment on the submitting comments and related Aquatic nuisance species invasions proposed requirements in the NPRM. material. If you do so, please include through ballast water are now We determined that allowing the public your name and address, identify the recognized as a serious problem more time to comment would help us docket number for this rulemaking threatening global biological diversity develop a better rule. Therefore, we (USCG–1998–3423), indicate the and human health. extended the comment period until specific section of this document to On November 29, 1990, Congress August 8, 1998. which each comment applies, and give enacted the Nonindigenous Aquatic Numerous comments asked for more the reason for each comment. If you Nuisance Prevention and Control Act of stringent regulations and more submit comments by mail or hand 1990 (NANPCA) (Pub. L. 101–646). restrictive ballast water management delivery, submit them in an unbound Congress enacted NANPCA to prevent control methods. Other comments asked format, no larger than 81⁄2 by 11 inches, and control infestations of zebra for less strict regulations and more suitable for copying and electronic mussels and other nonindigenous lenient requirements for ballast water filing. If you submit them by mail and aquatic nuisance species in coastal and management control methods. would like to know they reached the inland waters of the United States. The Coast Guard has determined that Facility, please enclose a stamped, self- On October 26, 1996, Congress the regulations adopted in this rule addressed postcard or envelope. We will enacted the National Invasive Species accurately reflect the requirements of consider all comments and material Act of 1996 (NISA) (Pub. L. 104–332) the Act and represent the most practical received during the comment period. which amended and reauthorized and effective ballast water management We may change this interim rule in NANPCA (the Act). Congress enacted method available at this time. We will view of the comments. the Act to provide for ballast water continue to support and encourage the management to prevent the introduction development of more efficient and Public Meeting and spread of nonindigenous species effective methods of protecting waters of We do not now plan to hold a public into the waters of the United States. the United States from non-indigenous meeting. But you may request one by On November 27, 1997, the IMO aquatic nuisance species. submitting a request to the Docket Marine Environmental Protection Three comments wanted to make sure Management Facility at the address Committee (MEPC) adopted Resolution that the regulations in the proposed rule under ADDRESSES explaining why one A.868(20), ‘‘Guidelines for the Control will be the national requirements. The

VerDate 06-MAY-99 10:11 May 14, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\A17MY0.036 pfrm04 PsN: 17MYR1 26674 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations comments didn’t want States or other the United States. Therefore, the owners and operators who submit the levels of government to issue other comment suggested that we use other reports in accordance with the Act. If regulations that exceed or make suitable examples such as the round we can’t assess the rate of compliance significant changes to these regulations. nosed goby or the spiny waterflea. with these guidelines because we don’t It has long been the Coast Guard’s Fifty-six comments discussed the have adequate reports (i.e., numbers of position that consistent standards of organization and clarity of the reports or accurate reports), then we are universal application, coupled with regulations. Four comments expressed required to issue regulations making the Federal initiatives to address unique support for the proposed rule and voluntary guidelines mandatory. regional concerns, are the best means of suggested minor modifications. One If we find that the voluntary meeting local and national comment supported the proposed rule guidelines are not adequate or effective, environmental goals with the least as written. Ten comments stated that the at reducing introduction and spread of disruption to international maritime regulations were confusing as written. nonindigenous aquatic species into commerce. To avoid potential conflicts One comment requested a ‘‘plain waters of the United States, the Coast and duplication, we request that any English guide for mariners.’’ The Coast Guard must establish mandatory political subdivision of the United Guard has revised this rule to better requirements. States contemplating any laws, organize and clarify the information. Thirteen comments asked us to clarify regulations, or requirements regarding Specific changes are discussed within what criteria we will use to determine the discharge of ballast water, consider each section. the adequacy and effectiveness of the this regulation prior to taking action. We received eight comments on the voluntary guidelines. The Coast Guard will try to maintain IMO ‘‘Guidelines for the Control and The authority and responsibility for nationwide consistency in methods for Management of Ships’ Ballast Water to developing these criteria was given to control of invasive species and is Minimize the Transfer of Harmful the Aquatic Nuisance Species Task committed to ensuring national Aquatic Organisms and Pathogens’’ Force (ANSTF) by the Act. The ANSTF consistency for any regulations touching (IMO Resolution A.868(20), adopted has formed the Ad Hoc Voluntary Ballast Water Guidelines Effectiveness on the design, construction, equipment, November 1997). Two comments Criteria Committee to develop these manning and operation of vessels that wanted the Coast Guard to continue to criteria. The committee’s meetings will were established as international rules issue regulations that are consistent be open to the public. The U.S. Fish and and regulations adopted by the with IMO guidelines. Wildlife Service will announce the International Maritime Organization and The Coast Guard will be consistent dates and times for the meetings in the ratified by the United States. with any international agreement, Federal Register. In addition, the Coast However, this regulation isn’t agreed to by the United States, Guard worked with the Smithsonian intended to preempt any State, regional, governing management of the transfer of Environmental Research Center and or local efforts that exceed but do not nonindigenous aquatic species by came up with suggestions for conflict with the standards set forth in vessel. Five comments discussed the ballast monitoring the rate of compliance with this rule. Section 1205 of the Act states water management plan. Four of the the guidelines. The suggestions are that— comments supported a request that a listed in the ‘‘National Ballast (Water) Nothing in this title shall affect the ballast water management plan be Information Clearinghouse: Function, authority of any State or political subdivision carried and maintained aboard the Design, and Implementation’’ Progress thereof to adopt or enforce control measures vessel. The other comment opposed the Report I, which has been submitted by for aquatic nuisance species, or diminish or the Department of Transportation to affect the jurisdiction of any State over request to carry and maintain a ballast species of fish and wildlife. water management plan. Congress and the ANSTF. In § 151.2035(a)(7), we request that One comment asked us to consider Five comments addressed statements owners and operators develop ballast conducting a risk assessment of the Gulf in the Background and Purpose section water management plans specific to Coast. The Coast Guard encourages of the NPRM. One comment noted that their vessels. The Coast Guard is studies which would detail what cholera was detected in ballast water; working with IMO to identify what species are present and what species however, there wasn’t conclusive information needs to be contained in the may threaten specific water bodies. We evidence that linked the strain of ballast water management plan. When recommend that you submit your cholera detected to the contaminated that information is determined, we will proposals to conduct these studies to shellfish in Mobile Bay. Another publish it in the Federal Register. the ANSTF, and to any other comment agreed with the statement that Fifteen comments related to what appropriate funding agency. more than 40 species have appeared in would trigger the implementation of One comment asked the Coast Guard the Great Lakes since 1960. However, mandatory national ballast water to develop a chart showing the 500 the comment noted that ‘‘very few management regulations. meter (1640 feet/273 fathoms) or 2,000 (species) if any, have been introduced The Act requires the Coast Guard to meter (6,650 feet/1,093 fathoms) contour since the Canadian voluntary ballast publish national voluntary guidelines line. Bathymetric charts which show the water exchange guidelines of 1989 and for the control of aquatic nuisance measurement of the depth of large the USCG exchange requirements of species. The Act lists the specific bodies of water are already available. 1993.’’ Another comment noted that in criteria that will cause or allow these You can buy the charts from a vendor, the Description of the Problem section guidelines to become mandatory. These or from an organization such as the of the NPRM, the reference to Purple are detailed in the following paragraphs. National Oceanographic and Loosestrife implies that the species Two comments asked what would Atmospheric Administration National entered the United States only through happen if a vessel fails to comply with Data Center or the U.S. National ballast water. The comment noted that the mandatory reporting requirements. Geophysical Data Center. However, the species may have entered the United The Act directs the Coast Guard to vessel owners and operators are already States through solid ballast, but the assess the rate of compliance with the required to maintain detailed navigation floral industry is primarily responsible guidelines, using the ballast water charts aboard their vessels that show the for bringing the Purple Loosestrife into management reports we receive from the depths of the waters where they operate.

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Several comments were concerned ecosystem less suitable for an activity, exchange could destabilize a vessel, that the estimate of costs for preparing, or unfit for or harmful to living things causing it to submerge its load line or submitting, collecting, collating, and is a pollutant. compromise seaworthiness by filing the information obtained seemed One comment asked the Coast Guard exceeding hull girder stress limits, or to be a low estimate. Due to the to accept dual load lines. The comment increase the stresses on the hull to the expansion of the Coast Guard Aquatic stated that dual load lines on the vessel point they fracture. Nuisance Species program efforts this will reduce the amount of ballast water Comments on Specific Sections of the fiscal year, and the current number of the vessel will carry into waters of the Rule vessels to be considered (as obtained United States. from the Coast Guard Marine Safety We would have to consider many What Vessels Does This Subpart Apply Management System), these comments factors not within the scope of this to (§ 151.1502)? are correct. The Coast Guard has rulemaking to determine whether the reexamined these costs and the current United States should accept dual load Thirty-eight comments discussed the Regulatory Evaluation accurately lines. This rulemaking doesn’t address NPRM’s applicability section, reflects current costs. dual load lines and we didn’t make any § 151.1502. Many of the comments Several comments wanted the Coast changes based on this comment. seemed to misunderstand the One comment wanted to know if the Guard to consider costs associated with applicability section. Others seemed to Coast Guard intended to ‘‘incorporate by ballast exchange and ballast water misunderstand who is exempt from the reference’’ or require vessel operators to management plans in the rule requirements of this rule. One comment carry the ‘‘Guidelines for the Control implementing the voluntary national suggested that we separate the existing and Management of Ships’ Ballast Water guidelines. The Coast Guard will mandatory ballast control regulations to Minimize the Transfer of Harmful estimate the costs and benefits of for the Great Lakes and the Hudson Aquatic Organisms and Pathogens (IMO required portion of the rulemaking. River to make it easier to understand the Resolution A.868(20), adopted Costs associated with the ballast water national program. Two comments stated November 1997).’’ We want to ensure management plan and ballast water that the NPRM proposes changes that that vessel operators are aware that exchange are voluntary and we didn’t could increase the chances of invasive these guidelines exist, but we aren’t species entering the Great Lakes. address these costs in this rule. incorporating them by reference or Two comments specified that the In response to these comments, we requiring vessel operators to carry the have changed the organization of the spread of aquatic nuisance species is a guidelines on board their vessels. Many rule. We will revise the existing naturally occurring phenomenon and of the recommendations we make in this regulations in 33 CFR 151 subpart C. not pollution. These comments further rule are adapted from those guidelines. The new subpart C will detail the stated that nature will always ‘‘create However, we have made revisions based additional requirements for vessels checks and balances in the medium and upon the needs of our domestic waters. long term.’’ These comments also stated Two comments wanted to know how entering the Great Lakes and Hudson that aquatic nuisance species are a the Coast Guard will handle the issue of River. We will add a new subpart D to quarantine problem, not a pollution a vessel operator who declares ‘‘No 33 CFR part 151. Subpart D will detail problem. Ballast on Board (NOBOB).’’ A vessel mandatory and voluntary requirements The Coast Guard disagrees with some with NOBOB may not have a large for all vessels operating in waters of the of these comments. We agree that some quantity of ballast water on board, but United States (including the Great Lakes spread of exotic species does occur the vessel does retain sediment and and Hudson River). The section naturally and nature does create residual ballast water. The Coast Guard numbers in this rule are different from ‘‘checks and balances.’’ However, requests in this regulation that all the section numbers in the NPRM shipping allows many organisms to vessels remove sediments in an because of these changes. Please use the bypass natural barriers such as the open appropriate manner on a regular basis. following cross-reference table to follow ocean, different salinity levels, and We are working on identifying possible these changes. ability to reach hospitable ecosystems, management methods to reduce the Instructions for the Table: Find the etc. This means that the natural checks threat of a vessel operator claiming old section number listed in the NPRM and balances are disrupted and can no NOBOB. However, it would be in the first column and read across to longer prevent introductions and premature to issue regulations the second column to find the degradation of ecosystems. Further, specifically for these vessels at this corresponding new section number in while there is overlap with quarantine time. To ask a vessel operator in a this rule. The third column lists the issues, anything that makes an NOBOB status to conduct a ballast water section numbers for subpart C.

33 CFR Section numbers in subpart D Description of section (waters of the United States in- Section numbers in subpart C Section numbers in the NPRM cluding the Great Lakes and Hud- (Great Lakes and Hudson River) son River)

Purpose ...... 151.1500 ...... 151.2000 ...... 151.1500. Applicability: For Vessels ...... 151.1502 ...... 151.2005, 151.2010 and 151.1502. 151.2015. For Ballast Water ...... 151.2020 ...... Definitions ...... 151.1504 ...... 151.2025 ...... 151.1504. Penalties ...... 151.1506 ...... 16 U.S.C. under certain provi- 151.1506, 151.1508, 16 U.S.C. sions. Mandatory Requirements ...... 151.1508 ...... 151.2040 ...... 151.1510. Safety ...... 151.1510 ...... 151.2030 ...... 151.1512.

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33 CFR Section numbers in subpart D Description of section (waters of the United States in- Section numbers in subpart C Section numbers in the NPRM cluding the Great Lakes and Hud- (Great Lakes and Hudson River) son River)

Alternative Methods: Required ...... 151.1512 ...... 151.1514. Requested ...... 151.2035(b) ...... Mandatory: Reporting ...... 151.1514 ...... 151.2040 ...... 151.2040. Recordkeeping ...... 151.1514 ...... 151.2045 ...... 151.2045 (also satisfies § 151.1516). Voluntary Guidelines ...... 151.1516 ...... 151.2035 ...... Compliance and Monitoring ...... 151.1518 ...... 151.2050 ...... 151.1516.

Five comments requested that we add vessels of the Department of Defense, beyond the EEZ of the United States or an exemption for other types of vessels the Coast Guard, or those vessels of the an equivalent zone of Canada (generally operating on voyages between the States Armed Forces that are subject to the 200 miles seaward of the baseline) is and Territories of the United States. One ‘‘Uniform National Discharge Standards subject to the mandatory reporting comment stated that there shouldn’t be for Vessels of the Armed Forces requirements. The vessel operator must any exemptions for owners and (UNDS).’’ (Federal Water Pollution or may (depending on which port they operators of passenger vessels. Control Act—33 U.S.C. 1322(n)). We are going to) conduct ballast water The applicability and exemptions in don’t intend for these regulations to management practices as detailed in the this rule are taken directly from the Act. replace or interfere with practices regulation. This includes voyages to any Additionally, we don’t have scientific already addressed by section 1103 of the port in the U.S. or its territories, from and technological support to include Act or by UNDS. any other port in the U.S. or its exemptions for other vessels, or for Five comments suggested that we also territories, if the vessel has operated other voyages outside of the EEZ. The provide guidelines or requirements for more than 200 miles from the baseline Coast Guard can only remove the owners and operators on domestic of the United States or Canada. If a exemption for passenger vessels if we voyages. vessel operator remains in areas less find that their ballast water treatment The Coast Guard agrees with these than 200 miles from the baseline of the systems are less effective than ballast comments. In § 151.2035(a), we have United States or Canada during a water exchange. The regulations that included guidelines (precautionary voyage, then they are not subject to the apply to voyages between States and practices) for all vessels equipped with mandatory requirements. However, we Territories of the United States are in ballast tanks that operate in waters of request that the operator follow the subparts C and D. the United States. However, the Act voluntary guidelines in § 151.2035. Two comments expressed concern doesn’t give the Coast Guard the One comment wanted to know if the about the regulations that apply to authority to require owners and regulations apply to only segregated Mobile Offshore Drilling Units (MODU). operators of vessels engaged in domestic ballast water. Two comments wanted to One of these comments had specific trade to perform ballast water know if all ballast water, including that concerns about ballast procedures for management methods such as ballast which was taken on in the high seas, tanks that may be in continuous contact water exchange. was subject to the regulations in the with the sea. One comment requested that ballast NPRM. One of these comments also The Coast Guard has determined that water management methods, such as stated that we shouldn’t require an open a blanket exemption for MODUs isn’t ballast water exchange only apply to ocean exchange of water that has been warranted. However, we encourage vessels that have operated beyond the taken on in open ocean. vessel owners and operators to bring EEZ for more than 48 hours. The Coast We have revised the regulations to their specific ballast issues to the Coast Guard has reviewed the legislation and clarify these issues. The regulations Guard for consideration for alternative determined that this is contrary to the apply to any ballast water, taken in compliance. Methods for submitting intent of the Act. waters within 200 miles from any shore, alternative compliance proposals are One comment noted that in the or in waters less than 2,000 meters detailed in § 151.2035(b)(3) of this regulations we consider a transit from (6,650 feet/1,093 fathoms) deep, that regulation. We will need more detailed Alaska, or Hawaii to the continental could be discharged into waters of the information on flow rates, volumes United States a voyage, but we don’t United States. exchanged, etc., before we can make a consider a transit from a Canadian port One comment asked the Coast Guard determination on whether a particular to the continental United States, Hawaii, to address ‘‘innocent passage’’ in this MODU should be exempt. or Alaska a voyage. Two comments rule. Innocent passage occurs when a Two comments asked us to clarify wanted to know if the proposed foreign vessel navigates through the U.S. whether this rule applies to foreign regulations apply to voyages from U.S. territorial sea for the purpose of vessels. In § 151.2005, we state that this territories. traversing the sea without entering U.S. regulation applies to the owners and We understand that the wording of internal waters or calling at a U.S. port. operators of U.S. and foreign vessels. this section in the NPRM was unclear. A foreign vessel is also considered in Three comments asked us to clarify We have reworded § 151.2025 to clarify innocent passage when in transit to or whether the mandatory requirements in when this regulation applies. Any from a U.S. port. However, a vessel that this rule apply to military vessels. In vessel, unless exempted by § 151.2010, actually enters U.S. internal waters (i.e., § 151.2010, we clarify that mandatory on a voyage to a U.S. port, that in any waters shoreward of the territorial sea provisions of this rule don’t apply to portion of that voyage has operated baseline) or that enters a U.S. port no

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The Coast Guard will provisions for the Great Lakes and We have added a provision for continue to support research that will Hudson River ballast water management innocent passage to § 151.2015. For the identify ballast water management requirements will remain unchanged. purpose of defining whether a vessel is methods that are ‘‘as effective as ballast The penalty provisions include navigating in the territorial sea, the water exchange.’’ restriction of operation, revocation of Coast Guard defines the territorial sea One comment stated that this rule for this regulation as extending to 12 Customs clearance, and possible civil should also address ballast water carried and criminal penalties. The new nautical miles from the baseline, under in cargo tanks. In § 151.1504, we have Presidential Proclamation No. 5928 of voluntary national guidelines do not revised the rule to clarify that the carry penalty provisions. However, if December 27, 1988. Innocent passage definition of ‘‘ballast tanks’’ includes doesn’t include a vessel that enters the vessel operators fail to make the any tank or hold used for carrying mandatory reports, then the Coast Guard Snell Lock at Massena, New York, on ballast water. In § 151.1504, we have the St. Lawrence River, regardless of its is directed under NISA to implement a also added the phrase ‘‘regardless of mandatory national program that will destination. how it is carried on the vessel’’ to the Two comments questioned if the carry the same penalty provisions that definition of ‘‘ballast water.’’ apply in Great Lakes and Hudson River. mandatory regulations for the Great Eight comments discussed the Lakes and Hudson River apply to a definition of ‘‘reasonably complete What are the Mandatory Ballast Water vessel that operates beyond the EEZ, ballast water exchange.’’ Three Management Requirements and then makes stops in other waters of comments stated that they support the (§ 151.1508)? the United States before entering the standard to exchange 90 percent of the Three comments expressed concern Great Lakes or Hudson River. original water in the ballast tank. Two The Coast Guard has determined that that the proposed rule may make ballast comments suggested that we raise the the mandatory regulations in 33 CFR water exchange a standard, and rule out standard, and two comments suggested part 151, subpart C apply to any vessel other ballast water management that we lower the standard. operated as described in the previous techniques that may be more effective. paragraph. In addition, §§ 151.2035(b), The Coast Guard’s goal is for owners The Coast Guard agrees with these 151.2040, and 151.2045 of subpart D do and operators to exchange 100 percent comments. We have revised the rule to not apply to vessels that only transit of the original water in the ballast tank. include language that encourages the between ports in the United States, or However, owners and operators should development of alternative technologies between ports in the United States or consider the operating systems and for managing ballast water. Canada without entering waters beyond physical limitations of the vessel before Eleven comments discussed an the EEZ of Canada or the United States. conducting an exchange. We didn’t acceptable salinity level for an open change the existing regulations for the ocean exchange as it applies to What Definitions Apply to Subpart C Great Lakes and Hudson River in mandatory exchange for the Great Lakes (§ 151.1504)? § 151.1510 of subpart C. Owners and and Hudson River. Four comments Thirty-three comments discussed the operators of all other vessels are questioned the scientific support for the definitions section of the NPRM. Four requested to conduct an exchange as proposed change. One comment comments concerned the definition of follows: questioned whether we considered ‘‘environmentally sound.’’ One of these • For a flow through exchange. ‘‘instrument error’’ when we proposed comments noted that people might Exchange the equivalent of three times changing the salinity level. One misinterpret the definition with regard the volume of water in the ballast tank. comment stated that measuring the level to releases of ‘‘harmful concentrations’’ • For an empty/refill exchange. If of salinity is not enough to determine if of chemicals, as some individuals don’t conditions are safe and it is practical, an exchange has been done as it applies consider concentrations to be harmful try to replace 100 percent of the volume to coastal ports. The comment also when released into water bodies where of ballast water. asked the Coast Guard to develop significant dilution occurs. Four comments concerned the alternative tests. The Coast Guard agrees that the proposed change to the minimum depth The Coast Guard agrees with these proposed changes to the definition requirement from 2,000 meters to 500 comments. We are not changing the could cause confusion. No ballast water meters, for a ballast water exchange. salinity standard as proposed in the management method would be accepted Two comments pointed out deficiencies NPRM. The Coast Guard recognizes that if it violated any existing water quality in the scientific support for such a salinity can’t be used as the only standards. Therefore, the definition of change. One comment indicated that verification of open ocean exchange at ‘‘environmentally sound’’ currently in reducing the requirement may create a a coastal port. Salinity also can’t be used force in 33 CFR 151.1504 will not be conflict for complying with U.S. as the sole measure to confirm proper changed. The definition is the same regulations and following Canadian operation of alternative control methods definition used in the Act. voluntary guidelines. as developed. The Coast Guard is Two comments questioned whether In response to these comments, and to awaiting a final report on parameters to we had scientific support for the ensure that owners and operators are be used for verification, and is engaged definition of ‘‘reasonably effective able to satisfy the requirements of the in preliminary stages of additional ballast water management system.’’ United States and Canada, we do not studies to obtain a full complement of Eight comments stated that we should plan on changing the depth requirement methods to be used. Over the next 30 be cautious when we estimate until agreement, based upon sound months, we will test the identified percentages for the volume of ballast scientific evidence, is reached. parameters in the field to ensure their

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The Coast Environmental Research Center to mechanism of salinity, until those Guard has determined that each incorporate a research and technology parameters have been confirmed as treatment plant will have to be section into the National Ballast Water definitive. considered on a case-by-case basis. To Information Clearinghouse (NBIC) Twenty-eight comments concerned determine if vessel owners and (NBIC Web site: www.serc.si.edu/ alternative environmentally sound operators can be allowed to discharge invasions/ballast.htm). methods of ballast water management. ballast water at a publicly-owned Two comments discussed the research Twenty-eight comments asked that we treatment plant, we will need specific and development of specific ballast clarify the requirement for approval of information, including whether or not— water control methods. The Coast Guard • other environmentally sound methods The plant has the capacity to encourages companies to continue to of ballast water management. The handle the volume of ballast water research and develop other ballast comment also asked the Coast Guard to discharged from a vessel; control methods. Two comments • explain the process of submitting The treatment methods used at the suggested that we specify alternate alternative ballast water management plant are effective in killing the full ballast water exchange sites in this rule. methods for approval. range of genus and species of organisms The establishment of alternative found in the ballast water; discharge areas must be based on the The Coast Guard will approve • alternative methods of ballast water Allowing vessel owners and best scientific data available. Therefore, management (under 33 CFR operators to discharge ballast water will the Coast Guard leaves in place the 151.2035(b)(3)). The request to approve violate any local or State regulations; provisions in § 151.1514 that address • The waste water treatment plant an alternative method must be ballast water management alternatives will accept the ballast water; and submitted to, and approved by, the under extraordinary conditions. This • The waste water treatment plant is section applies specifically to the waters Coast Guard before a vessel’s scheduled aware of the salinity levels of the ballast voyage. The requestor must provide of the Great Lakes and Hudson River, water. North of George Washington Bridge. The adequate time for the Coast Guard to Two comments encouraged the process, analyze, and consider the requests for alternative sites requests go development of shoreside ballast water directly to the Captain of the Port alternative method for approval. Send reception facilities. Two comments (COTP) of the affected zone. In addition, your request to U.S. Coast Guard suggested that we continue to develop the Coast Guard is reviewing a study Headquarters, (G–MSO–4), 2100 Second alternative technologies to ballast water entitled ‘‘Ballast Exchange Study Street SW., Washington, DC 20593– exchange. Two comments asked that we Consideration of Back-up Exchange 0001. The phone number is (202) 267– give chemical treatment methods fair Zones and Environmental Effects of 0500. Each proposal is evaluated on a consideration as an alternative method Ballast Exchange and Ballast Release.’’ case-by-case basis. The Coast Guard is of ballast water management. One After this study is accepted by the working with the ANSTF Ballast Water comment stated that chemical ANSTF, the Coast Guard will consider and Shipping Committee to develop a treatments are an essential tool for the areas detailed for pre-accepted standardized protocol and requirements ‘‘integrated pest management.’’ Four alternate exchange sites. If accepted, we for approval. Industry, government comments asked that we also consider will publish a detailed list of these areas agencies, and non-government by-products and concentration levels in with a request for comments in the organizations will develop the any effluent when we consider chemical Federal Register. We have reserved requirements. We will approve an treatments. § 151.2055 in this rule and will list the alternative method only after we The Coast Guard supports all of these sites in that section when they are consider the following: statements. We will continue to • approved. Does the method conform to encourage advances in methods of We received three comments on the existing laws and standards? treating ballast water. We will consider disposal of sediment ashore. One • How effective is the method in applicable laws, regulations, and the comment suggested removing the reducing the viability of organisms consequences of a treatment before we reference to ‘‘sediment ashore’’ from the within the vessel’s ballast water? approve any method. rule. One comment suggested that we • How will the vessel operator verify Two comments recommended that we require a disposal facility be built at that the system is operating as designed? consider risk-based assessment as an every port. One comment noted that the We will incorporate the protocol and acceptable alternative compliance proposed regulation might contradict requirements into 33 CFR part 151 mechanism. The Coast Guard recognizes existing Federal regulations. One subpart D when it’s completed. that some waters may pose higher risks comment noted that restrictions on Four comments asked us to clarify if of containing potential invasive species disposal of sediments ashore may also retaining ballast water on board is a than other waters. However, it has not be under the jurisdiction of entities viable ballast water management been proven that any waters pose no other than the Coast Guard, such as the method. Section 151.2035(b)(2), states risk. Historical patterns show that zebra Animal and Plant Health Inspection that retaining ballast water on board is mussels may have been shipped for Service, 7 CFR part 330. an option. more than 50 years before establishing We have changed § 151.2035(a)(3) to Three comments asked the Coast a sustainable population in the Great state that sediments must be disposed in Guard to consider whether discharge to Lakes and becoming a nuisance species. accordance with local, State, and an approved reception facility is a Therefore, we have determined that we Federal regulations. This requirement is viable method of ballast water control don’t have a sound, definitive scientific to ensure that vessel representatives are management. We agree. Section basis to approve risk-based assessment aware that disposal of sediments within

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Two comments difficulty submitting the information as per sample analysis may increase. noted that some types of vessels subject proposed in the NPRM. These Resources availability will determine to this rule might not be under the comments noted that the actual the number of samples taken. Use of the command of a master. One comment discharge amount and location of term ‘‘may’’ leaves the Coast Guard noted that reporting requirements on a discharge might be different than flexibility to address these issues and to vessel are often satisfied by the vessel expected because of operational implement valid sampling procedures. agent. The Coast Guard agrees with considerations. these comments. We refer to the owner, We have determined that the owners Appendix to Subpart C of Part 151 operator, agent, or person-in-charge in and operators of these vessels must still We received nine comments about the the appropriate sections of the rule. submit the required information. sample ballast water reporting form and However, in § 151.2040(d), we allow its directions. One comment suggested Is the Master Still Responsible for the owners and operators to submit an Safety of the Vessel (§ 151.1510)? ‘‘streamlining the form’’ or making the amended form before leaving waters of form more efficient. One comment Seven comments stated that the the United States. This allowance will asked the Coast Guard to use standard NPRM didn’t adequately address safety accommodate the owner or operator of forms. Two comments asked that we exemptions. The Coast Guard agrees any vessel who finds that the make the forms consistent with IMO with this comment. In § 151.2030, we information they originally submitted to forms. Three comments suggested now use language similar to the Act, the Coast Guard has changed. changes to the instructions for the which clearly states the safety Two comments stated that we should forms. Two comments noted that exemptions. remove the requirement to submit § 151.1514 of the NPRM affects the Three comments asked what will information about the salinity of the information requested on the form. happen if they use the safety exemption, ballast water discharged, and the In response to these comments and and don’t conduct a ballast exchange. temperature of the ballast water at its based on what we have learned during We have included in § 151.2030(b) the source. The Coast Guard disagrees with pilot programs, we have changed the provisions of the Act which address this this comment. The Act directs the Coast proposed form to make it easier to use concern. Vessels subject to 33 CFR part Guard to consider the various and quicker to convert from a paper 151 subpart C must comply with the characteristics of the point of origin (of copy to an electronic submittal form. requirements of § 151.1514 subpart C ballast water) and receiving water The Coast Guard will continue to accept (Ballast water management alternatives bodies. Salinity and temperature are the IMO ‘‘Ballast Water Reporting under extraordinary conditions). Vessels essential to obtaining that information. Form’’ and the St. Lawrence Seaway not subject to 33 CFR part 151 subpart One comment requested the removal required ‘‘Pre-entry Information from C shall not be required to perform a of sea height at the time of an exchange Foreign Flagged Vessels Form’’ as ballast water management practice as required information. This comment satisfying the information and reporting which the master has found to threaten expressed concern that this data may be requirements of this rule. The Coast the safety of the vessel, its crew, or its dangerously extrapolated to set Guard will coordinate with IMO and passengers because of adverse weather, definitive sea state standards at which Canada to encourage standardization of vessel design limitations, equipment ballast water exchange must be a ballast water reporting form. The Coast failure, or any other extraordinary conducted. Guard feels that to sacrifice an improved conditions. The Coast Guard has determined that this information is necessary to get an product in attempt to maintain What Are the Mandatory Reporting and accurate collection of data on ballast standardization of the proposed form is Recordkeeping Requirements water practices. However, we will not in the best interest of this program. (§ 151.1514)? ensure that any reports of data include Two comments asked the Coast Guard Four comments suggested that we qualifying statements. For example, to ensure that the data obtained from the provide more options for submitting the ‘‘while 65 percent of vessels conducting mandatory reports will be useful for required information to the Coast Guard. ballast water exchange did so in seas local, regional, and state governments One comment noted that the proposed with waves of up to 1 foot in height, and organizations. The Coast Guard has requirements for submitting information complete data is not available on vessels been working to ensure that the data may bypass existing Canadian reporting not conducting an exchange for safety will be entered in a usable form to requirements for shared waters. One reasons under those same conditions. identify ballast patterns that are comment asked that we allow the This data should never be used to essential to sound decisions on ballast information to be submitted determine safe operating parameters at water management. For a more detailed electronically. which all ships can conduct an description of the NBIC, please review The Coast Guard agrees with these exchange. We must consider each ship’s the NBIC Web site at www.serc.si.edu/ comments. In § 151.2040(c), we have unique operating, structural, and invasions/ballast.htm. added other options for submitting the stability issues.’’ One comment wondered if there are required information. plans to distribute the form and Two comments wanted to submit Are There Methods to Monitor instructions. The Coast Guard will ‘‘one standard voyage profile regarding Compliance With This Subpart distribute copies of the form and ballast water management versus trip by (§ 151.1518)? provide multiple copies to agencies and trip reports.’’ The Coast Guard is not Three comments suggested that the entities that will be able to disseminate prepared to approve this. We will phrase ‘‘may take samples’’ should be them. The form and instructions will require individual reports. This replaced with ‘‘shall take samples.’’ The also be available at the NBIC Web site.

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Other Changes to the Proposed information this rule will require. Impact on Small Entities Regulations Commandant Instruction 7310.1E states The provisions of the Regulatory In addition to the changes made to the that the hourly cost for an E–1 to E–5 Flexibility Act (5 U.S.C. 601–612), regulations as a result of the comments, range billet is $15 per hour. This require the Coast Guard to consider we have defined the term ‘‘voyage’’ in translates to yearly cost of $31,200 per whether the interim rule will have a × § 151.2025 to include intermediate port billet (2080 $15 = $31,200). Therefore, significant economic impact on a calls and avoid confusion with the the cost of 30 billets will equal $936,000 substantial number of small entities. × definition of (Great Lakes or Hudson ($31,200 30=$936,000). We estimate ‘‘Small entities,’’ include: (1) Small River) voyage in § 151.1504 of subpart that the total cost to the Coast Guard to businesses, not-for-profit organizations C. We have also revised the definition collect and send the appropriate that are independently owned and in § 151.2025 to clarify that the paperwork to the National Ballast Water operated and are not dominant in their equivalent zone of Canada is considered Information Clearinghouse (NBIC) is fields, and (2) governmental part of the EEZ, as provided in the Act. $75,000. The total annual cost was jurisdictions with populations of less calculated as illustrated in the following than 50,000. Regulatory Evaluation equation: The rule applies to any vessel with The rule is not a significant regulatory 30 [billets] × $2,500 [administrative ballast tanks entering the waters of the action under section 3(f) of Executive costs] = $75,000 United States after operating beyond the Order 12866 and does not require an EEZ. Vessels engaged in coastwise trade assessment of potential costs and The Coast Guard will also allocate (within the EEZ) and passenger vessels benefits under section 6(a)(3) of that $300,000 per year to the NBIC. The equipped with treatment systems order. It has not been reviewed by the NBIC will provide analysis, synthesis, designed to eliminate aquatic species in Office of Management and Budget and interpretation of data collected their ballast tanks will be exempt from (OMB) under that order. It is not under the Act. Therefore, the total the mandatory provisions of the rule. significant under the regulatory policies government cost of this rule is The rule requires vessel operators to and procedures of the Department of $1,311,000 annually. The total report their ballast water management Transportation (DOT) (44 FR 11040, government cost was calculated as efforts. We estimate that each report will February 26, 1979). illustrated in the following equation: cost the vessel operator $35. This sum The Coast Guard expects the $936,000 + $300,000 + $75,000 = is very low on an absolute dollar basis. economic impact of this rule to be so $1,311,000 We believe that it will account for a very minimal that a full Regulatory low percentage of the operating costs of Evaluation under paragraph 10e of the Summary of Benefits even the smallest commercial vessel regulatory policies and procedures of This rule is the next step in an operations. For this reason, the Coast DOT is unnecessary. ongoing effort to reduce the numbers of Guard certifies under 5 U.S.C. 605(b) that the rule will not have a significant Summary of Costs non-indigenous species invading the waters of the United States. economic impact on a substantial The rule will cost industry the time number of small entities. and resources it will take to submit the According to the U.S. Congress’ Office paperwork required by this rule. A of Technology Assessment, ‘‘Harmful Assistance for Small Entities vessel’s officer is likely to be the person Non-Indigenous Species in the United In accordance with section 213(a) of tasked with completing the report, so States,’’ the economic impact on the the Small Business Regulatory we based our estimate on the current United States from introductions of non- Enforcement Fairness Act of 1996 (Pub. annual salary for a third mate on a U.S. indigenous species has exceeded several L. 104–121), the Coast Guard offers to merchant vessel, and included billions of dollars through— assist small entities in understanding administrative costs ($9 per report for • Efforts to prevent and reduce this rule so that they can better evaluate photocopying, etc.). We calculated that further infestations; its effects on them and participate in the it will cost $35 to submit each report. • Repairs of damage to various rulemaking process. If your small The following equation illustrates the infrastructures; and business or organization is affected by calculation: • Lost revenues. this rule and you have questions $81,840 ÷ 2,080 hours × 40 minutes + For example, the Great Lakes Fishery concerning its provisions or options for $9 = $35 Commission estimates the European compliance, please contact Lieutenant We used the U.S. Coast Guard Marine ruffe, a fish that entered the Great Lakes Mary Pat McKeown, Project Manager, Office of Operating and Environmental Safety Management System (MSMS) to via expelled ballast water in the early Standards (G–MSO) at 202–267–0500. determine that this rule will apply to 1980’s, could cause annual losses of $90 The Small Business and Agriculture 30,877 vessel transits (this includes million if the European ruffe is not Regulatory Enforcement Ombudsman transits on the Great Lakes). We controlled. and 10 Regional Fairness Boards were multiplied the cost of each report ($35) As international maritime trade established to receive comments from by the number of vessel arrivals from continues to expand, the economic small businesses about Federal agency outside the Exclusive Economic Zone impact of non-indigenous species enforcement actions. The Ombudsman (30,877) to get a total annual cost of invasions will continue to increase. This will annually evaluate the enforcement $1,080,695. The following equation increase may necessitate more extensive activities and rate each agency’s illustrates the calculation: long-term control efforts, including × responsiveness to small business. If you $35 30,877 = $1,080,695 improving ballast water management wish to comment on the enforcement The rule will cost the Federal practices. The reporting requirements in actions of the Coast Guard, call 1–888– government the time it will take Coast this rule will allow the Coast Guard to REG–FAIR (1–888–734–3247). Guard personnel to review ballast water receive the information it needs to make management record information. The decisions on what measures may be Collection of Information Coast Guard will add 30 E–5 billets to required in the future to help solve the The provisions of the Paperwork verify compliance and collect the aquatic nuisance species problem. Reduction Act of 1995 (44 U.S.C. 3501–

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3520) require the Office of Management conducted, of any ballast water Proposed Use of Information: The and Budget (OMB) to review each rule exchanged or treated; information is needed to ensure that the that contains a collection-of- • Expected date, location, volume, mandatory ballast water management information. The Office of Management and salinity of any ballast water to be regulations are complied with prior to and Budget must determine if the discharged into the waters of the United allowing the vessel to enter U.S. ports, practical value of the information is States or at a reception facility; and and to assess the effectiveness of the worth the burden of collecting the • Location of the facility used for voluntary guidelines. The information information. Collection-of-information disposal of sediment carried into the will be used by the Coast Guard requirements include reporting, waters of the United States, if sediment Headquarters staff and researchers from recordkeeping, notification, monitoring, is to be discharged within the both private and other governmental posting, labeling, and other similar jurisdiction of the United States. agencies to assess the effectiveness of requirements. If we did not require owners or voluntary ballast-water management The rulemaking will require the operators to provide this information, it guidelines for vessels with ballast tanks owner or operator of a vessel with would be impossible to produce the that enter U.S. waters after operating ballast tanks, entering the waters of the studies and congressional reports on outside the EEZ. The information will United States from outside the EEZ, to ballast water management patterns that be provided to Congress on a regular submit paperwork to the Coast Guard. the provisions of the Act require. The basis as required by the Act. The paperwork will document the Coast Guard will use the information Description of the Respondents: Any owner’s or operator’s ballast water to— vessel (owner or operator) with ballast • management practices. The provisions Ensure that an owner or operator tanks entering U.S. waters after of the Act require the Coast Guard, in has complied with the ballast water operating outside the EEZ. consultation and cooperation with the management regulations; and Number of Respondents: 30,877 • Aquatic Nuisance Species Task Force Assess the rate of compliance with vessel entries. and the Smithsonian Institution the voluntary guidelines listed in the Frequency of Response: Whenever a Environmental Research Center, to rule. vessel with ballast tanks enters the develop and maintain the National As stated under Regulatory United States after operating outside the Ballast Water Information Clearinghouse Evaluation in this document, the EEZ. (NBIC). The purpose of the NBIC is to vessel’s officer is likely to be the person Burden of Response: 40 minutes per determine the patterns of ballast water tasked with completing the report, so respondent. delivery and management in the waters we based our cost estimate on the Estimated Total Annual Burden: of the United States. The information current annual salary for a third mate on 20,585 hours. obtained from the mandatory reports a U.S. merchant vessel and included As required by section 3507(d) of the that owners and operators must submit administrative costs. We calculated that Paperwork Reduction Act of 1995, the will be entered into a database at the it will cost $35 to submit each report. Coast Guard has submitted a copy of NBIC. The rulemaking requires We used the U.S. Coast Guard Marine this rule to OMB for its review of the submission of the following Safety Management System to collection of information. information: determine that this rule will apply to If you are submitting a comment on • Vessel type, owner or operator, 30,877 vessel transits (this includes the collection of information, you gross tonnage, call sign, and Port of transits on the Great Lakes). We should submit it to OMB and to the Registry (Flag); multiplied the cost of each report ($35) Coast Guard where indicated under • Port of arrival, vessel agent, last by the number of vessel arrivals from ADDRESSES by the date under DATES. port and country of call, and next port outside the EEZ (30,877) to get a total No one is required to respond to a and country of call; annual cost of $1,080,695. The annual collection of information unless it • Total ballast water capacity, total burden on industry will be 20,585 hours displays a currently valid OMB control volume of ballast water on board, total per year, and the cumulative burden for number. The Coast Guard will publish number ballast water tanks, and total 3 years is 61,755 hours. notice in the Federal Register of OMB’s number of ballast water tanks in ballast; The title and description of the decision to approve, modify, or • Total number of ballast tanks/holds information collection, a description of disapprove the collection. that are to be discharged into the waters the respondents, and an estimate of the of the United States or at a reception total annual burden follow. Included in Federalism facility, the number of tanks that were the estimate is the time for reviewing The Coast Guard has analyzed this exchanged or treated using an instructions, searching existing sources rule under the principles and criteria alternative method of compliance; type of data, gathering and maintaining the contained in Executive Order 12612 and of alternative compliance method, if data needed, and completing and has determined that this rule does not used for treatment; whether the vessel reviewing the collection. have sufficient federalism implications has a ballast water management plan Title: Implementation of the National to warrant the preparation of a and IMO guidelines on board, and Invasive Species Act of 1996 (NISA) Federalism Assessment. whether the ballast water management Summary of Collection of Unfunded Mandates plan was used; Information: This rule contains • Origin of ballast water—this collection-of-information requirements Title II of the Unfunded Mandates includes date(s), location(s), volume(s) in the following sections: §§ 151.2040 Reform Act of 1995 (UMRA) (Pub. L. and temperature(s) (if a tank has been and 151.2045. 104–4, 109 Stat. 48) requires Federal exchanged this is the ballast water that Need for Information: This rule will agencies to assess the effects of certain was taken on in port and then replaced require owners or operators of each regulatory actions on State, local, and during the exchange); vessel with ballast water tanks, who tribal governments, and the private • Date(s), location(s), volume(s), enter the United States after operating sector. The Unfunded Mandates Reform method, thoroughness (percentage outside the EEZ, to provide to the U.S. Act requires a written statement of exchanged if exchange conducted), sea Coast Guard information regarding economic and regulatory alternatives for height at time of exchange if exchange ballast water management practices. rules that contain Federal mandates. A

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‘‘Federal mandate’’ is a new or and identify future needs for better Subpart DÐBallast Water Management for additional enforceable duty imposed on protecting domestic waters from the Control of Nonindigenous Species in waters any State, local, or tribal government, or introduction of invasive species. of the United States. the private sector. If any Federal Therefore, the regulations to Sec. mandate causes those entities to spend, 151.2000 What is the purpose of this implement provisions of the Act subpart? in the aggregate, $100 million or more concerning ballast water control, when in any one year, the UMRA analysis is 151.2005 To which vessels does this subpart using voluntary guidelines for ballast apply? required. This rule will not impose water management and mandatory 151.2010 Which vessels are exempt from the Federal mandates on any State, local, or reporting requirements, will not have a mandatory requirements? tribal governments, or the private sector. significant impact on the environment. 151.2015 Is a vessel in innocent passage Taking of Private Property exempt from the mandatory List of Subjects in 33 CFR Part 151 requirements? This rule will not effect a taking of 151.2020 To what ballast water does this private property or otherwise have Administrative practice and subpart apply? taking implications under E.O. 12630, procedure, Oil pollution, Penalties, 151.2025 What definitions apply to this Governmental Actions and Interference Reporting and recordkeeping subpart? with Constitutionally Protected Property requirements, Water pollution control. 151.2030 Who is responsible for determining Rights. when to use the safety exemption? For the reasons discussed in the 151.2035 What are the voluntary ballast Civil Justice Reform preamble, the Coast Guard amends 33 water management guidelines? CFR part 151 as follows: 151.2040 What are the mandatory This rule meets applicable standards requirements for vessels carrying ballast in sections 3(a) and 3(b)(2) of E.O. water into the waters of the United States 12988, Civil Justice Reform, to minimize PART 151ÐVESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, after operating beyond the exclusive litigation, eliminate ambiguity, and economic zone (EEZ)? reduce burden. GARBAGE, MUNICIPAL OR 151.2045 What are the mandatory COMMERCIAL WASTE, AND BALLAST recordkeeping requirements? Protection of Children WATER 151.2050 What methods are used to monitor We have analyzed this rule under E.O. compliance with this subpart? 13045, Protection of Children from 1. The authority citation for part 151 151.2055 Where are the alternate exchange Environmental Health Risks and Safety continues to read as follows: zones located? (Reserved) Risks. This rule is not an economically 151.2060 What must each application for Authority: 33 U.S.C. 1321(j)(1)(C) and approval of an alternative compliance significant rule and does not concern an 1903; E.O. 12777, 3 CFR, 1991 Comp. p.351; technology contain? (Reserved) environmental risk to health or risk to 49 CFR 1.46. 151.2065 What is the standard of adequate safety that may disproportionately affect compliance determined by the ANSTF children. Subpart CÐBallast Water Management for this subpart? (Reserved) for Control of Nonindigenous Species Appendix to Subpart D of Part —Ballast Environment Water Reporting Form and Instructions The Coast Guard considered the in the Great Lakes and Hudson River for Ballast Water Reporting Form environmental impact of this rule and concluded that preparation of an 2. The authority citation for part 151 Subpart DÐBallast Water Management Environmental Impact Statement is not subpart C continues to read as follows: for Control of Nonindigenous Species necessary. An Environmental Authority: 16 U.S.C. 4711; 49 CFR 1.46. in Waters of the United States Assessment and proposed Finding of No Significant Impact are available in the 3. Revise the subpart heading to read Authority: 16 U.S.C. 4711; 49 CFR 1.46. docket for inspection or copying where as shown above. indicated under ADDRESSES. 4. In § 151.1504, revise the definition § 151.2000 What is the purpose of this The Coast Guard is establishing of ‘‘ballast water’’ and add definitions in subpart? voluntary guidelines for all vessels alphabetical order to read as follows: This subpart implements the equipped with ballast tanks that operate provisions of the Nonindigenous in waters of the United States. The Coast § 151.1504 Definitions. Aquatic Nuisance Prevention and Guard is also establishing additional * * * * * Control Act of 1990 (NANPCA) (16 voluntary ballast water management Ballast water means any water and U.S.C. 4701–4751), as amended by the guidelines and mandatory reporting suspended matter taken on board a National Invasive Species Act of 1996 requirements for all vessels carrying vessel to control or maintain, trim, (NISA). ballast water into the waters of the draught, stability, or stresses of the United States after operating beyond the § 151.2005 To which vessels does this vessel, regardless of how it is carried. subpart apply? exclusive economic zone. These reporting requirements are intended to Ballast tank means any tank or hold (a) Sections 151.2000 through monitor the level of participation by on a vessel used for carrying ballast 151.2035(a) of this subpart apply to all vessels in the voluntary national water, whether or not the tank or hold vessels, U.S. and foreign, equipped with guidelines program. If participation was designed for that purpose. ballast tanks that operate in the waters levels in this program are inadequate, * * * * * of the United States. the Act requires the Secretary of Sediments means any matter settled (b) Sections 151.2035(b) through Transportation to mandate the ballast out of ballast water within a vessel. 151.2065 apply to all vessels, U.S. and water management guidelines. Once foreign, carrying ballast water into the reported, the information will be used to * * * * * waters of the United States after develop and maintain a ballast water 5. Add subpart D, consisting of operating beyond the exclusive information clearinghouse, which will §§ 151.2000 through 151.2065, to read economic zone, except those vessels monitor the effectiveness of the program as follows: exempted in §§ 151.2010 and 151.2015.

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§ 151.2010 Which vessels are exempt from first U.S. port of destination. These § 151.2030 Who is responsible for the mandatory requirements? COTP zones are listed in 33 CFR part 3. determining when to use the safety exemption? Four types of vessels are exempt from Exchange means to replace the water the requirements in §§ 151.2040 and in a ballast tank using one of the (a) The master, operator, or person-in- 151.2045: following methods: charge of a vessel is responsible for the (a) A crude oil tanker engaged in the safety of the vessel, its crew, and its coastwise trade. (a) Flow through exchange means to passengers. (b) A passenger vessel equipped with flush out ballast water by pumping in (b) The master, operator, or person-in- a functioning treatment system designed mid-ocean water at the bottom of the charge of a vessel is not required to to kill aquatic organisms in the ballast tank and continuously overflowing the conduct a ballast water management water. The treatment system must tank from the top until three full practice (including exchange), if the operate as designed. volumes of water has been changed—to master decides that the practice would (c) A Department of Defense or Coast minimize the number of original threaten the safety of the vessel, its Guard vessel subject to the requirements organisms remaining in the tank. crew, or its passengers because of of section 1103 of the Act, or any vessel (2) Empty/refill exchange means to adverse weather, vessel design of the Armed Forces, as defined in the pump out the ballast water taken on in limitations, equipment failure, or any Federal Water Pollution Control Act (33 ports, estuarine, or territorial waters other extraordinary conditions. If the U.S.C. 1322(a)) that is subject to the until the tank is empty, then refilling it master uses this section, and the— ‘‘Uniform National Discharge Standards with mid-ocean water; masters/ (1) Vessel is on a voyage to the Great for Vessels of the Armed Forces’’ (33 operators should pump out as close to Lakes or Hudson River, the vessel must U.S.C. 1322(n)). 100 percent of the ballast water as is comply with the requirements of (d) A vessel that will discharge ballast safe to do so. § 151.1514 of subpart C of this part water or sediments only at the same IMO guidelines mean the Guidelines (Ballast water management alternatives location where the ballast water or under extraordinary conditions); or sediments originated. The ballast water for the Control and Management of (2) Vessel is on a voyage to any port or sediments must not mix with ballast Ships’ Ballast Water to Minimize the other than the Great Lakes or Hudson water or sediments from areas other Transfer of Harmful Aquatic Organisms River, the vessel shall not be required to than the high seas. and Pathogens (IMO Resolution A.868 (20), adopted November 1997). perform a ballast water management practice which the master has found to § 151.2015 Is a vessel in innocent passage NANCPA means the Nonindigenous exempt from the mandatory requirements? threaten the safety of the vessel, its Aquatic Nuisance Prevention and crew, or its passengers because of A foreign vessel merely traversing the Control Act of 1990. territorial sea of the United States (i.e., adverse weather, vessel design not entering or departing a U.S. port, or NBIC means the National Ballast limitations, equipment failure, or any not navigating the internal waters of the Water Information Clearinghouse other extraordinary conditions. U.S.) is exempt from the requirements of operated by the Coast Guard and the (c) Nothing in this subpart relieves the §§ 151.2040 and 151.2045, however Smithsonian Environmental Research master, operator, or person-in-charge of such vessels are requested not to Center as mandated under NISA. a vessel, of the responsibility for discharge ballast water into the waters NISA means the National Invasive ensuring the safety and stability of the of the United States unless they have Species Act of 1996, which reauthorized vessel or the safety of the crew and followed the voluntary guidelines of and amended NANCPA. passengers, or any other responsibility. § 151.2035. United States means the States, the § 151.2035 What are the voluntary ballast § 151.2020 To what ballast water does this District of Columbia, the water management guidelines? subpart apply? Commonwealth of Puerto Rico, Guam, (a) Masters, owners, operators, or This subpart applies to all ballast American Samoa, the Virgin Islands, persons-in-charge of all vessels water and associated sediments taken and the Trust Territory of the Pacific equipped with ballast water tanks that on a vessel in areas— Islands. operate in the waters of the United (a) Less than 200 nautical miles from Voyage means any transit by a vessel States are requested to take the any shore, or destined for any United States port from following voluntary precautions to (b) With water that is less than 2,000 a port or place outside of the EEZ, minimize the uptake and the release of meters (6,560 feet,1,093 fathoms) deep. including intermediate stops at a port or harmful aquatic organisms, pathogens, place within the EEZ. For the purpose and sediments: § 151.2025 What definitions apply to this subpart? of this rule, a transit by a vessel from a (1) Avoid the discharge or uptake of United States port to any other United ballast water in areas within or that may (a) Unless otherwise stated in this States port, if at any time the vessel directly affect marine sanctuaries, section, the definitions in 33 CFR operates outside the EEZ or equivalent marine preserves, marine parks, or coral 151.1504, 33 CFR 160.203, and the zone of Canada, is also considered a reefs. United Nations Convention on the Law voyage. of the Sea apply to this part. (2) Minimize or avoid uptake of (b) As used in this part— Waters of the United States means ballast water in the following areas and ANSTF means the Aquatic Nuisance waters subject to the jurisdiction of the situations: Species Task Force mandated under the United States as defined in 33 CFR (i) Areas known to have infestations Nonindigenous Aquatic Nuisance § 2.05–30, including the navigable or populations of harmful organisms Prevention and Control Act of 1990 waters of the United States. For this and pathogens (e.g., toxic algal blooms). (NANPCA). regulation, the navigable waters include (ii) Areas near sewage outfalls. Captain of the Port (COTP) means the the territorial sea as extended to 12 (iii) Areas near dredging operations. Coast Guard officer designated as the nautical miles from the baseline, (iv) Areas where tidal flushing is COTP, or a person designated by that pursuant to Presidential Proclamation known to be poor or times when a tidal officer, for the COTP zone covering the No. 5928 of December 27, 1988. stream is known to be more turbid.

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(v) In darkness when bottom-dwelling § 151.2040 What are the mandatory (i) Mail the information to U.S. Coast organisms may rise up in the water requirements for vessels carrying ballast Guard, c/o Smithsonian Environmental column. water into the waters of the United States Research Center (SERC), P.O. Box 28, after operating beyond the Exclusive Edgewater, MD 21037–0028; or (vi) Where propellers may stir up the Economic Zone (EEZ)? sediment. (ii) Transmit the information (a) The master, owner, operator, electronically to the NBIC at (3) Clean the ballast tanks regularly to person-in-charge of a vessel bound for www.serc.si.edu/invasions/ballast.htm; remove sediments. Clean the tanks in the Great Lakes or Hudson River, which or mid-ocean or under controlled has operated beyond the EEZ during any (iii) Fax the information to the arrangements in port, or at dry dock. part of its voyage, regardless of Commandant, U.S. Coast Guard, c/o the Dispose of your sediments in intermediate ports of calls within the NBIC at 301–261–4319. accordance with local, State, and waters of the United States or Canada, (d) If the information submitted in Federal regulations. must comply with paragraphs (c) accordance with paragraph (c) of this (4) Discharge only the minimal through (f) of this section, all of section changes, you must submit an amount of ballast water essential for § 151.2045, and with the provisions of amended form before the vessel departs vessel operations while in the waters of this part 151 subpart C. the waters of the United States. the United States. (b) A vessel engaged in the foreign (e) This subpart does not authorize (5) Rinse anchors and anchor chains export of Alaskan North Slope Crude the discharge of oil or noxious liquid when you retrieve the anchor to remove Oil must comply with paragraphs (c) substances (NLS) in a manner organisms and sediments at their place through (f) of this section, all of prohibited by United States or of origin. § 151.2045, and with the provisions of international laws or regulations. Ballast water carried in any tank containing a (6) Remove fouling organisms from 15 CFR 754.2(j)(1)(iii). That section (15 CFR 754.2(j)(iii)) requires a mandatory residue of oil, NLS, or any other hull, piping, and tanks on a regular pollutant must be discharged in basis and dispose of any removed program of deep water ballast exchange (i.e., at least 2,000 meters water depth accordance with the applicable substances in accordance with local, regulations. State and Federal regulations. and recordkeeping), unless doing so would endanger the safety of the vessel (f) This subpart does not affect or (7) Maintain a ballast water or crew. supersede any requirement or management plan that was developed (c) The master, owner, operator, agent, prohibition pertaining to the discharge specifically for the vessel. or person-in-charge of a vessel carrying of ballast water into the waters of the (8) Train the master, operator, person- ballast water into the waters of the United States under the Federal Water in-charge, and crew, on the application United States after operating beyond the Pollution Control Act (33 U.S.C. 1251 to of ballast water and sediment EEZ, unless specifically exempted by 1376). management and treatment procedures. § 151.2010 or § 151.2015, must provide § 151.2045 What are the mandatory (b) In addition to the provisions of the information required by § 151.2045 recordkeeping requirements? § 151.2035(a), you (the master, operator, in electronic or written form to the (a) The master, owner, operator, or or person-in-charge of a vessel) are Commandant, U.S. Coast Guard or the person in charge of a vessel carrying requested to employ at least one of the appropriate COTP as follows: ballast water into the waters of the following ballast water management (1) For a United States or Canadian United States after operating beyond the practices, if you carry ballast water into Flag vessel bound for the Great Lakes. EEZ, unless specifically exempted by the waters of the United States after You must fax the required information § 151.2010 or § 151.2015 shall keep in operating beyond the EEZ: to the COTP Buffalo 315–764–3283 at written form, records that include the (1) Exchange ballast water beyond the least 24 hours before the vessel arrives following information (Note: Ballast EEZ, from an area no less than 200 in Montreal, Quebec. tank is any tank or hold that carries nautical miles from any shore, and in (2) For a foreign flagged vessel bound ballast water regardless of design): waters more than 2,000 meters (6,560 for the Great Lakes. You must— (1) Vessel information. Include the— feet, 1,093 fathoms) deep, before (i) Fax the required information to the (i) Name; entering waters of the United States. COTP Buffalo 315–764–3283 at least 24 (ii) International Maritime hours before the vessel arrives in Organization (IMO) Number (official (2) Retain the ballast water on board number if IMO number not issued); the vessel. Montreal, Quebec; or (ii) Complete the ballast water (iii) Vessel type; (3) Use an alternative environmentally information section of the St. Lawrence (iv) Owner or operator; (v) Gross tonnage; sound method of ballast water Seaway required ‘‘Pre-entry Information management that has been approved by (vi) Call sign; and from Foreign Flagged Vessels Form’’ (vii) Port of Registry (Flag). the Coast Guard before the vessel begins and submit it in accordance with the the voyage. Submit the requests for (2) Voyage information. Include the applicable Seaway notice. date and port of arrival, vessel agent, approval of alternative ballast water (3) For a vessel bound for the Hudson management methods to the last port and country of call, and next River north of the George Washington port and country of call. Commandant (G–MSO–4), U.S. Coast Bridge. You must telefax the Guard Headquarters, 2100 Second Street (3) Total ballast water information. information to the COTP New York at Include the total ballast water capacity, SW., Washington, DC 20593–0001. The 718–354–4249 before the vessel enters phone number is 202–267–0500. total volume of ballast water on board, the waters of the United States (12 miles total number of ballast water tanks, and (4) Discharge ballast water to an from the baseline). total number of ballast water tanks in approved reception facility. (4) For a vessel not addressed in ballast. Use units of measurements such (5) Under extraordinary conditions, paragraphs (c)(1), (c)(2), and (c)(3) of as metric tons (MT), cubic meters (m3), conduct a ballast water exchange within this section. Before the vessel departs long tons (LT), and short tons (ST). an area agreed to by the COTP at the from the first port of call in the waters (4) Ballast Water Management. time of the request. of the United States, you must— Include the total number of ballast

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Dated: May 11, 1999. Study Branch, Mitigation Directorate, 10, Environmental Consideration. No R.C. North, 500 C Street SW., Washington, DC environmental impact assessment has Assistant Commandant for Marine Safety and 20472, (202) 646–3461, or (e-mail) been prepared. Environmental Protection. [email protected]. Regulatory Flexibility Act [FR Doc. 99–12266 Filed 5–14–99; 8:45 am] SUPPLEMENTARY INFORMATION: The BILLING CODE 4910±15±C modified base flood elevations are not The Associate Director for Mitigation listed for each community in this certifies that this rule is exempt from interim rule. However, the address of the requirements of the Regulatory FEDERAL EMERGENCY the Chief Executive Officer of the Flexibility Act because modified base MANAGEMENT AGENCY community where the modified base flood elevations are required by the flood elevation determinations are Flood Disaster Protection Act of 1973, 44 CFR Part 65 available for inspection is provided. 42 U.S.C. 4105, and are required to Any request for reconsideration must maintain community eligibility in the [Docket No. FEMA±7284] be based upon knowledge of changed NFIP. No regulatory flexibility analysis Changes in Flood Elevation conditions, or upon new scientific or has been prepared. Determinations technical data. The modifications are made pursuant Regulatory Classification AGENCY: Federal Emergency to Section 201 of the Flood Disaster This interim rule is not a significant Management Agency (FEMA). Protection Act of 1973, 42 U.S.C. 4105, regulatory action under the criteria of ACTION: Interim rule. and are in accordance with the National Section 3(f) of Executive Order 12866 of Flood Insurance Act of 1968, 42 U.S.C. September 30, 1993, Regulatory SUMMARY: This interim rule lists 4001 et seq., and with 44 CFR part 65. Planning and Review, 58 FR 51735. communities where modification of the For rating purposes, the currently base (1% annual chance) flood effective community number is shown Executive Order 12612, Federalism elevations is appropriate because of new and must be used for all new policies This rule involves no policies that scientific or technical data. New flood and renewals. have federalism implications under insurance premium rates will be The modified base flood elevations Executive Order 12612, Federalism, calculated from the modified base flood are the basis for the floodplain dated October 26, 1987. elevations for new buildings and their management measures that the contents. community is required to either adopt Executive Order 12778, Civil Justice Reform DATES: These modified base flood or to show evidence of being already in elevations are currently in effect on the effect in order to qualify or to remain This rule meets the applicable dates listed in the table and revise the qualified for participation in the standards of Section 2(b)(2) of Executive Flood Insurance Rate Map(s) in effect National Flood Insurance Program Order 12778. prior to this determination for each (NFIP). List of Subjects in 44 CFR Part 65 listed community. These modified elevations, together From the date of the second with the floodplain management criteria Flood insurance, Floodplains, publication of these changes in a required by 44 CFR 60.3, are the Reporting and recordkeeping newspaper of local circulation, any minimum that are required. They requirements. Accordingly, 44 CFR Part person has ninety (90) days in which to should not be construed to mean that 65 is amended to read as follows: request through the community that the the community must change any Associate Director for Mitigation existing ordinances that are more PART 65Ð[AMENDED] reconsider the changes. The modified stringent in their floodplain 1. The authority citation for part 65 elevations may be changed during the management requirements. The continues to read as follows: 90-day period. community may at any time enact stricter requirements of its own, or Authority: 42 U.S.C. 4001 et seq.; ADDRESSES: The modified base flood pursuant to policies established by other Reorganization Plan No. 3 of 1978, 3 CFR, elevations for each community are Federal, State, or regional entities. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, available for inspection at the office of The changes in base flood elevations 3 CFR, 1979 Comp., p. 376. the Chief Executive Officer of each are in accordance with 44 CFR 65.4. community. The respective addresses § 65.4 [Amended] are listed in the following table. National Environmental Policy Act 2. The tables published under the FOR FURTHER INFORMATION CONTACT: This rule is categorically excluded authority of § 65.4 are amended as Matthew B. Miller, P.E., Chief, Hazards from the requirements of 44 CFR Part follows:

Date and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

Alaska: Unorga- Municipality of An- March 24, 1999, March The Honorable Rick Mystrom, Mayor, February 19, 1999 020005 nized Borough. chorage. 31, 1999. Municipality of P.O. Box 196650, Anchorage, Alaska 99519±6650. California:. Placer ...... City of Rocklin ..... March 24, 1999, March The Honorable Connie Cullivan, February 22, 1999 060242 31, 1999, The Placer Mayor, City of Rocklin, 3980 Herald. Rocklin Road, Rocklin, California 95677.

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Date and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

Riverside ...... City of San Diego April 7, 1999, April 14, The Honorable Susan Golding, March 16, 1999 ... 060295 1999, San Diego Mayor, City of San Diego, 202 C Union-Tribune. Street, 11th Floor (MS 11A), San Diego, California 92101. Colorado: Denver ...... City and County ... March 17, 1999, March The Honorable Wellington Webb, February 12, 1999 080046 24, 1999, The Denver Mayor, City and County of Denver, Post. 1437 Bannock Street, Denver, Col- orado 80202. Lincoln ...... Town of Limon ..... March 11, 1999, March The Honorable Ted Bandy, Mayor, February 23, 1999 080109 18, 1999, Limon Leader. Town of Limon, P.O. Box 9, Limon, Colorado 80282±0009. Hawaii: Hawaii ...... Unincorporated March 11, 1999, March The Honorable Stephen K. February 5, 1999 155166 Areas. 18, 1999, Hawaii-Trib- Yamashiro, Mayor, Hawaii County, une Herald. 25 Aupuni Street, Hilo, Hawaii 96720. Nevada: Clark ...... Unincorporated March 18, 1999, March The Honorable Yvonne Atkinson June 23, 1999 ..... 320003 Areas. 25, 1999, Las Vegas Gates, Chairperson, Clark County Review-Journal. Board of Supervisors, 500 Grand Central Parkway, Las Vegas, Ne- vada 89155. Washoe ...... City of Reno ...... March 24, 1999, March The Honorable Jeff Griffin, Mayor, March 1, 1999 ..... 320020 31, 1999, Reno Ga- City of Reno, P.O. Box 1900, zette-Journal. Reno, Nevada 89505. Washoe ...... Unincorporated March 24, 1999,March The Honorable Joanne Bond, Chair- March 1, 1999 ..... 320019 Areas. 31, 1999, Reno Ga- person, Washoe County, Board of zette-Journal. Supervisors, P.O. Box 11130, Reno, Nevada 89520. Clark ...... City of Las Vegas March 18, 1999,March The Honorable Jan Laverty Jones, June 23, 1999 ..... 325276 25, 1999, Las Vegas Mayor, City of Las Vegas, 400 Review-Journal. East Stewart Avenue, North Las Vegas, Nevada 89101±2986. Clark ...... City of North Las March 18, 1999,March The Honorable Michael Montandor, June 23, 1999 ..... 320007 Vegas. 25, 1999, Las Vegas Mayor, City of North Las Vegas, Review-Journal. P.O. Box 4086, North Las Vegas, Nevada 89036. New Mexico: Santa City of Santa Fe .. March 9, 1999, March 16, The Honorable Larry Delgado, June 14, 1999 ..... 350070 Fe. 1999, The Santa Fe Mayor, City of Santa Fe, P.O. Box New Mexican. 909, 200 Lincoln Avenue, Santa Fe, New Mexico 87504. Oklahoma: Garfield ...... City of Enid ...... April 23, 1999, April 30, The Honorable Mike Cooper, Mayor, March 26, 1999 ... 400062 1999, Enid News and City of Enid, P.O. Box 1768, Enid, Eagle. Oklahoma 73702. Oklahoma ...... City of Oklahoma March 18, 1999, March The Honorable Kirk Humphreys, February 12, 1999 405378 City. 25, 1999, Daily Oklaho- Mayor, City of Oklahoma City, 200 man. North Walker, Suite 302, Okla- homa City, Oklahoma 73102. Oregon: Multnomah City of Portland .... March 19, 1999, March The Honorable Vera Katz, Mayor, March 1, 1999 ..... 410183 26, 1999, The Orego- City of Portland, 1221 Southwest nian. Fourth Avenue, Room 340, Port- land, Oregon 97204. Texas: Bexar ...... City of Converse .. March 11, 1999, March The Honorable John Steinberg, February 12, 1999 480038 18, 1999, Herald News- Mayor, City of Converse, P.O. Box paper. 36, Converse, Texas 78109. Dallas, Denton, City of Dallas ...... March 19, 1999, March The Honorable Ron Kirk, Mayor, City Feburary 26, 1999 480171 Collin, 26, 1999, Dallas Morn- of Dallas, City Hall, 1500 Marilla, Rockwall, ing News. Dallas, Texas 75201. and Kauf- man. Tarrant ...... City of Fort Worth March 18, 1999, March The Honorable Kenneth Barr, Mayor, December 14, 480596 25, 1999, Fort Worth City of Fort Worth, 1000 1999. Star-Telegram. Throckmorton Street, Fort Worth, Texas 76102±6311. Dallas ...... City of Garland .... March 25, 1999, April 1, The Honorable Jim Stence, Mayor, February 26, 1999 485471 1999, The Garland City of Garland, P.O. Box 469002, News. Garland, Texas 75046±9002. Dallas ...... City of Irving ...... March 4, 1999, March 11, The Honorable Morris H. Parrish, February 1, 1999 480180 1999, Irving News. Mayor, City of Irving, P.O. Box 152288, Irving, Texas 75015±2288.

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Date and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

Tarrant ...... City of North Rich- April 8, 1999, April 15, The Honorable Charles Scoma, March 16, 1999 ... 480607 land Hills. 1999, Fort Worth Star- Mayor, City of North Richland Hills, Telegram. P.O. Box 820609, North Richland Hills, Texas 76182±0609. Lamar ...... City of Paris ...... March 23, 1999, March The Honorable Eric Clifford, Mayor, June 28, 1999 ..... 480427 30, 1999, Paris News. City of Paris, P.O. Box 9037, Paris, Texas 75461±9037. Wichita ...... City of Wichita March 19, 1999, March The Honorable Kay Yeager, Mayor, February 26, 1999 480662 Falls. 26, 1999, Wichita Falls City of Wichita Falls, 1300 Seventh Times/Record News. Street, Wichita Falls, Texas 76301. Washington: Grays Harbor City of Aberdeen February 26, 1999, March The Honorable Chuck Gurrad, September 3, 530058 5, 1999, The Daily Mayor, City of Aberdeen, 200 East 1999. World. Market Street, Aberdeen, Wash- ington 98520. Spokane ...... Unincorporated March 24, 1999, March The Honorable Kate McCaslin, February 24, 1999 530174 Areas. 31, 1999, Spokesman- Chairman, Board of Commis- Review. sioners, Spokane County, 1116 West Broadway Avenue, Spokane, Washington 99260±0100. Wyoming: Carbon Town of Baggs .... March 16, 1999, March The Honorable Donald R. Bain, February 19, 1999 560009 23, 1999, Rawling Daily Mayor, Town of Baggs, P.O. Box Times. 300, Baggs, Wyoming 82321.

(Catalog of Federal Domestic Assistance No. Federal Emergency Management National Flood Insurance Program 83.100, ‘‘Flood Insurance’’) Agency, 500 C Street SW., Washington, (NFIP). Dated: May 6, 1999. DC 20472, (202) 646–3461, or (e-mail) These modified elevations, together Michael J. Armstrong, [email protected]. with the floodplain management criteria Associate Director for Mitigation. SUPPLEMENTARY INFORMATION: The required by 44 CFR 60.3, are the [FR Doc. 99–12347 Filed 5–14–99; 8:45 am] Federal Emergency Management Agency minimum that are required. They BILLING CODE 6718±04±P makes the final determinations listed should not be construed to mean that below of the final determinations of the community must change any modified base flood elevations for each existing ordinances that are more FEDERAL EMERGENCY community listed. These modified stringent in their floodplain MANAGEMENT AGENCY elevations have been published in management requirements. The newspapers of local circulation and community may at any time enact 44 CFR Part 65 ninety (90) days have elapsed since that stricter requirements of its own, or publication. The Associate Director has pursuant to policies established by other Changes in Flood Elevation Federal, State, or regional entities. Determinations resolved any appeals resulting from this notification. These modified elevations are used to meet the floodplain management AGENCY: Federal Emergency The modified base flood elevations requirements of the NFIP and are also Management Agency (FEMA). are not listed for each community in used to calculate the appropriate flood ACTION: Final rule. this notice. However, this rule includes insurance premium rates for new the address of the Chief Executive buildings built after these elevations are SUMMARY: Modified base (1% annual Officer of the community where the made final, and for the contents in these chance) flood elevations are finalized modified base flood elevation buildings. for the communities listed below. These determinations are available for The changes in base flood elevations modified elevations will be used to inspection. are in accordance with 44 CFR 65.4. calculate flood insurance premium rates The modifications are made pursuant for new buildings and their contents. to Section 206 of the Flood Disaster National Environmental Policy Act EFFECTIVE DATES: The effective dates for Protection Act of 1973, 42 U.S.C. 4105, This rule is categorically excluded these modified base flood elevations are and are in accordance with the National from the requirements of 44 CFR Part indicated on the following table and Flood Insurance Act of 1968, 42 U.S.C. 10, Environmental Consideration. No revise the Flood Insurance Rate Map(s) 4001 et seq., and with 44 CFR part 65. environmental impact assessment has in effect for each listed community prior For rating purposes, the currently been prepared. to this date. effective community number is shown ADDRESSES: The modified base flood and must be used for all new policies Regulatory Flexibility Act elevations for each community are and renewals. The Associate Director for Mitigation available for inspection at the office of The modified base flood elevations certifies that this rule is exempt from the Chief Executive Officer of each are the basis for the floodplain the requirements of the Regulatory community. The respective addresses management measures that the Flexibility Act because modified base are listed in the following table. community is required to either adopt flood elevations are required by the FOR FURTHER INFORMATION CONTACT: or to show evidence of being already in Flood Disaster Protection Act of 1973, Matthew B. Miller, P.E., Chief, Hazards effect in order to qualify or to remain 42 U.S.C. 4105, and are required to Study Branch, Mitigation Directorate, qualified for participation in the maintain community eligibility in the

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NFIP. No regulatory flexibility analysis Executive Order 12778, Civil Justice PART 65Ð[AMENDED] has been prepared. Reform Regulatory Classification 1. The authority citation for part 65 This rule meets the applicable continues to read as follows: This final rule is not a significant standards of Section 2(b)(2) of Executive regulatory action under the criteria of Order 12778. Authority: 42 U.S.C. 4001 et seq.; Section 3(f) of Executive Order 12866 of Reorganization Plan No. 3 of 1978, 3 CFR, September 30, 1993, Regulatory List of Subjects in 44 CFR Part 65 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Planning and Review, 58 FR 51735. Flood insurance, Floodplains, Executive Order 12612, Federalism Reporting and recordkeeping § 65.4 [Amended] This rule involves no policies that requirements. 2. The tables published under the have federalism implications under Accordingly, 44 CFR part 65 is authority of § 65.4 are amended as Executive Order 12612, Federalism, amended to read as follows: follows: dated October 26, 1987.

Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

Arizona: Maricopa City of Phoenix .... December 22, 1998, De- The Honorable Skip Rimsza, Mayor, November 19, 040051 (FEMA cember 29, 1998 Ari- City of Phoenix, 200 West Wash- 1998. Docket No. zona Republic. ington Street, 11th Floor, Phoenix, 7272). Arizona 85003±1611. Pima, (FEMA Unincorporated December 15, 1998, De- The Honorable Mike Boyd, Pima November 20, 040073 Docket No. Areas. cember 22, 1998 Ari- County Board of Supervisors, 130 1998. 7272). zona Daily Star. West Congress, Fifth Floor, Tuc- son, Arizona 85701. Pima, (FEMA City of Tucson ..... December 2, 1998, De- The Honorable George Miller, Mayor, November 3, 1998 040076 Docket No. cember 9, 1998 Arizona City of Tucson P.O. Box 27210, 7268). Daily Star. Tucson, Arizona 85726. California: Santa Clara City of Gilroy ...... December 11, 1998, De- The Honorable K. A. Mike Gilroy, November 10, 060340 (FEMA cember 18, 1998 Gilroy Mayor, City of Gilroy, 7351 1998. Docket No. Dispatch. Rosanna Street, Gilroy, California 7272). 95020. Orange, City of Lake For- December 1, 1998, De- The Honorable Peter Herzog, Mayor, March 8, 1999 ..... 060759 (FEMA est. cember 8, 1998 Orange City of Lake Forest, 23161 Lake Docket No. County Register. Center Drive, Suite 100, Lake For- 7268). est, California 92630. Sacramento Unincorporated November 23, 1998, No- The Honorable Illa Collin, Chair- October 23, 1998 060262 (FEMA Areas. vember 30, 1998 Sac- person, Sacramento County, Docket No. ramento Bee. Board of Supervisors, 700 H 7264). Street, Room 2450, Sacramento, California 95814. Colorado Gilpin, (FEMA City of Black December 11, 1998, De- The Honorable Kathryn Eccker, November 9, 1998 080076 Docket No. Hawk. cember 18, 1998 Mayor, City of Black Hawk, P.O. 7272). Weekly Register Call. Box 17, Black Hawk, Colorado 80422. El Paso, Unincorporated December 10, 1998, De- The Honorable Charles C. Brown, November 9, 1998 080059 (FEMA Areas. cember 17, 1998, The Chairman, El Paso County, Board Docket No. Tribune. of Commissioners, 27 East 7272). Vermijo Avenue, Third Floor, Colo- rado Springs, Colorado 80903± 2208. Jefferson, Unincorporated December 16, 1998, De- The Honorable Michelle, Chair- December 3, 1998 080087 (FEMA Areas. cember 23, 1998 Col- person, Jefferson County, Board of Docket No. umbine County Courier. Commissioners, 100 Jefferson 7272). County Parkway, Suite 5550, Golden, Colorado 80419. Ouray, (FEMA City of Ouray ...... December 3, 1998, De- The Honorable Jim Miller, Mayor, November 9, 1998 080137 Docket No. cember 10, 1998, City of Ouray, P.O. Box 468, 7268). Ouray County Ouray, Colorado 81427. Plaindealer. Ouray, (FEMA Unincorporated December 3, 1998, De- The Honorable Alan Staehle, Chair- November 9, 1998 080136 Docket No. Areas. cember 10, 1998, man, Ouray County, Board of 7268). Ouray County Commissioners, P.O. Box C, Plaindealer. Ouray, Colorado 81427. Kansas: McPher- City of McPherson December 3, 1998, De- The Honorable Vernon L. Dossett, November 4, 1998 200217 son (FEMA cember 10, 1998, Mayor, City of McPherson, P.O. Docket No. 7268). McPherson Sentinel. Box 1008, McPherson, Kansas 67460.

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Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

New Mexico: Dona City of Las Cruces November 18, 1998, No- The Honorable Rubin A. Smith, October 23, 1998 355332 Ana, (FEMA vember 25, 1998, The Mayor, City of Las Cruces, P.O. Docket No. 7264). Sun News. Box 20000, Las Cruces, New Mex- ico 88004. Oklahoma: Oklahoma, City of Oklahoma November 18, 1998, No- The Honorable Ronald Norick, November 2, 1998 405378 (FEMA City. vember 25, 1998 Daily Mayor, City of Oklahoma City, 200 Docket No. Oklahoman. North Walker, Suite 302, Okla- 7268). homa City, Oklahoma 73102. Oklahoma, City of Oklahoma December 2, 1998, De- The Honorable Kirk Humphreys, November 6, 1998 405378 (FEMA City. cember 9, 1998, Daily Mayor, City of Oklahoma City, 200 Docket No. Oklahoman. North Walker, Suite 302, Okla- 7268). homa City, Oklahoma 73102. Texas: Bexar, (FEMA City of Alamo December 10, 1998, De- The Honorable Robert Biechlin, March 17, 1999 ... 480036 Docket No. Heights. cember 17, 1998, North Mayor, City of Alamo Heights, 7272). San Antonio Times. 6116 Broadway, San Antonio, Texas 78209. Tarrant, City of Fort Worth December 1, 1998, De- The Honorable Kenneth Barr, Mayor, November 5, 1998 480596 (FEMA cember 8, 1998, Fort City of Fort Worth, 1000 Docket No. Worth Star-Telegram. Throckmorton Street, Fort Worth, 7268). Texas 76102±6311. Hays, (FEMA Unincorporated December 2, 1998, De- The Honorable Eddy Etheredge, November 6, 1998 480321 Docket No. Areas. cember 9, 1998, San Hays County Judge, Hays County 7268). Marcos Daily Record. Courthouse, 111 East San Antonio Street, San Marcos, Texas 78666. Dallas, (FEMA City of Irving ...... December 17, 1998, De- The Honorable Morris H. Parrish, November 20, 480180 Docket No. cember 24, 1998, Irving Mayor, City of Irving, P.O. Box 1998. 7272). News. 152288, Irving, Texas 75015±2288. Bell, (FEMA City of Killeen ...... December 22, 1998, De- The Honorable Fred Latham, Mayor, November 20, 480031 Docket No. cember 29, 1998, City of Killeen, P.O. Box 1329, 1998. 7272). Killeen Daily Herald. Killeen, Texas 76540. Dallas, (FEMA City of Mesquite .. November 20, 1998, No- The Honorable Mike Anderson, November 2, 1998 485490 Docket No. vember 27, 1998, Dal- Mayor, City of Mesquite, P.O. Box 7268). las Morning News. 850131, Mesquite, Texas 75185± 0137. Bexar, (FEMA City of San Anto- December 10, 1998, De- The Honorable Howard W. Peak, March 17, 1999 ... 480045 Docket No. nio. cember 17, 1998, North Mayor, City of San Antonio, P.O. 7272). San Antonio Times. Box 839966, San Antonio, Texas 78283±3966. Travis, (FEMA Unincorporated November 18, 1998, No- The Honorable Bill Aleshire, Travis October 26, 1998 481026 Docket No. Areas. vember 25, 1998, Aus- County Judge, P.O. Box 1748, 7264). tin American Statesman. Austin, Texas 78767±1748.

(Catalog of Federal Domestic Assistance No. flood elevations and modified base FOR FURTHER INFORMATION CONTACT: 83.100, ‘‘Flood Insurance.’’) flood elevations are the basis for the Matthew B. Miller, P.E., Chief, Hazards Dated: May 6, 1999. floodplain management measures that Study Branch, Mitigation Directorate, Michael J. Armstrong, each community is required either to Federal Emergency Management Associate Director for Mitigation. adopt or to show evidence of being Agency, 500 C Street SW., Washington, [FR Doc. 99–12349 Filed 5–14–99; 8:45 am] already in effect in order to qualify or DC 20472, (202) 646–3461, or (e-mail) BILLING CODE 6718±04±P remain qualified for participation in the [email protected]. National Flood Insurance Program (NFIP). SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency FEDERAL EMERGENCY EFFECTIVE DATE: The date of issuance of MANAGEMENT AGENCY the Flood Insurance Rate Map (FIRM) makes final determinations listed below showing base flood elevations and of base flood elevations and modified 44 CFR Part 67 modified base flood elevations for each base flood elevations for each community listed. The proposed base Final Flood Elevation Determinations community. This date may be obtained by contacting the office where the FIRM flood elevations and proposed modified AGENCY: Federal Emergency is available for inspection as indicated base flood elevations were published in Management Agency (FEMA). in the table below. newspapers of local circulation and an opportunity for the community or ACTION: Final rule. ADDRESSES: The final base flood elevations for each community are individuals to appeal the proposed SUMMARY: Base (1% annual chance) available for inspection at the office of determinations to or through the flood elevations and modified base the Chief Executive Officer of each community was provided for a period of flood elevations are made final for the community. The respective addresses ninety (90) days. The proposed base communities listed below. The base are listed in the table below. flood elevations and proposed modified

VerDate 06-MAY-99 10:11 May 14, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\A17MY0.030 pfrm04 PsN: 17MYR1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations 26695 base flood elevations were also Authority: 42 U.S.C. 4001 et seq.; #Depth in published in the Federal Register. Reorganization Plan No. 3 of 1978, 3 CFR, feet above This final rule is issued in accordance 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Source of flooding and location ground. 3 CFR, 1979 Comp., p. 376. *Elevation with Section 110 of the Flood Disaster in feet Protection Act of 1973, 42 U.S.C. 4104, § 67.11 [Amended] (NGVD) and 44 CFR part 67. FEMA has developed criteria for 2. The tables published under the Approximately 1,000 feet floodplain management in floodprone authority of § 67.11 are amended as downstream of Great areas in accordance with 44 CFR part follows: Western Railroad ...... *4,864 60. Approximately 3,400 feet Interested lessees and owners of real #Depth in upstream of County Road property are encouraged to review the feet above 74 ...... *4,878 ground. Maps are available for in- proof Flood Insurance Study and FIRM Source of flooding and location *Elevation available at the address cited below for spection at the Town of in feet Severance Town Hall, 336 (NGVD) each community. South First Street, Sever- The base flood elevations and ance, Colorado. modified base flood elevations are made California final in the communities listed below. ÐÐÐ Elevations at selected locations in each Hillsborough (Town), San Mateo County (FEMA community are shown. Weld County (Unincor- Docket No. 7270) porated Areas) (FEMA National Environmental Policy Act San Mateo Creek: Docket No. 7270) This rule is categorically excluded Approximately 415 feet The Slough: from the requirements of 44 CFR part downstream of Baywood Approximately 1,050 feet Avenue ...... *32 10, Environmental Consideration. No downstream of Great Approximately 515 feet up- Western Railroad ...... *4,864 environmental impact assessment has stream of El Cerrito Ave- Approximately 6,500 feet been prepared. nue ...... *74 upstream of County Road Regulatory Flexibility Act Maps are available for in- 741¤2 ...... *4,889 spection at the Town Engi- Maps are available for in- The Associate Director for Mitigation neer's Office, 1600 Flori- spection at the Weld Coun- certifies that this rule is exempt from bunda Avenue, ty Planning and Zoning Of- the requirements of the Regulatory Hillsborough, California. fice, 1400 North 17th Ave- Flexibility Act because final or modified nue, Greeley, Colorado. base flood elevations are required by the Colorado Flood Disaster Protection Act of 1973, Montana Alamosa (City), Alamosa 42 U.S.C. 4104, and are required to County (FEMA Docket establish and maintain community Yellowstone County (Unin- No. 7270) corporated Areas) (FEMA eligibility in the NFIP. No regulatory Rio Grande: Docket No. 7270) flexibility analysis has been prepared. Approximately 800 feet Alkali Creek: Regulatory Classification downstream of Broadway/ Downstream of Alkali Creek Fourth Street ...... *7,539 Road ...... *3,247 This final rule is not a significant Approximately 10,100 feet regulatory action under the criteria of Upstream of Alkali Creek upstream of State Avenue *7,545 Road ...... *3,250 Section 3(f) of Executive Order 12866 of Maps are available for in- Approximately 850 feet up- spection at the City of September 30, 1993, Regulatory stream of Alkali Creek Alamosa Public Works De- Planning and Review, 58 FR 51735. Road ...... *3,382 partment, 314 Hunt, Maps are available for in- Executive Order 12612, Federalism Alamosa, Colorado. spection at the Yellowstone This rule involves no policies that County Emergency and have federalism implications under ÐÐÐ General Services Depart- Executive Order 12612, Federalism, Alamosa County (Unincor- ment, 217 North 27th, Room dated October 26, 1987. porated Areas) (FEMA 309, Billings, Montana. Docket No. 7270) Executive Order 12778, Civil Justice Rio Grande: Nebraska Reform Approximately 10,800 feet This rule meets the applicable downstream of Denver O'Neill (City), Holt County standards of Section 2(b)(2) of Executive and Rio Grande Western (FEMA Docket No. 7270) Order 12778. Railroad ...... *7,534 Elkhorn River: Approximately 17,500 feet Approximately 800 feet List of Subjects in 44 CFR Part 67 upstream of State Avenue *7,548 downstream of County Administrative practice and Maps are available for in- Bridge 4536520 ...... 1*1,956 procedure, Flood insurance, Reporting spection at Land Use and Approximately 750 feet up- Administration, 402 Edison and recordkeeping requirements. stream of County Bridge Avenue, Alamosa, Colorado. 4525920 ...... 1*1,976 Accordingly, 44 CFR part 67 is amended to read as follows: O'Neill Tributary: ÐÐÐ Approximately 400 feet Severance (Town), Weld PART 67Ð[AMENDED] downstream of Fulton County (FEMA Docket Street ...... 1*1,968 1. The authority citation for part 67 No. 7270) Approximately 350 feet up- continues to read as follows: The Slough: stream of Bogue Avenue 1*1,999

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#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD)

Maps are available for in- Maps are available for in- 3,800 feet upstream of spection at the City of spection at the City of Bro- 193rd East Avenue ...... *668 O'Neill City Hall, 401 East ken Arrow City Hall, 115 Harlow Creek: Fremont Street, O'Neill, Ne- East Commercial Street, 3,450 feet upstream of Edi- braska. Broken Arrow, Oklahoma. son Street ...... *663 5,850 feet upstream of Edi- Oklahoma ÐÐÐ son Street ...... *669 Bixby (City), Tulsa County Sand Springs (City), Tulsa Harlow Creek Tributary: 4,825 feet upstream of Edi- (FEMA Docket No. 7254) County (FEMA Docket No. 7254) son Street ...... *688 Posey Creek: Anderson Creek: 6,750 feet upstream of Edi- At confluence of Posey son Street ...... *699 Creek Tributary ...... *611 Just upstream of 56th Street South ...... *736 Maps are available for in- Little Haikey Creek: At Creek County boundary .. *744 spection at the Stormwater Just upstream of Garnett Maps are available for in- Design Office, 2317 South Road ...... *624 spection at the City of Sand Jackson, Suite No. 302, Just downstream of 111th Springs Public Works Build- Tulsa, Oklahoma. Street South ...... *630 ing, 216 North Lincoln, Sand Maps are available for in- Springs, Oklahoma. ÐÐÐ spection at the City of Tulsa County (Unincor- Bixby City Hall, 116 West ÐÐÐ porated Areas) (FEMA Needles Street, Bixby Okla- Docket No. 7254) homa. Skiatook (Town), Tulsa County (FEMA Docket Anderson Creek: 700 feet upstream of con- ÐÐÐ No. 7254) fluence with Fisher Creek *660 Broken Arrow (City), Tulsa Bird Creek: At intersection of 186th Approximately 3,700 feet County (FEMA Docket upstream of 56th Street No. 7254) Street and Cincinnati Ave- nue ...... *650 (at Creek County bound- Adams Creek: 1,000 feet west along 116th ary) ...... *744 At the centerline of 5lst Street North from its inter- Hominy Creek: Street South ...... *588 section with Peoria Ave- 400 feet downstream of 100 feet upstream of 193rd nue ...... *618 Texas and Pacific Rail- East Avenue ...... *664 Hominy Creek: road ...... *624 Broken Arrow Creek: At North 25th West Avenue Euchee Creek: Just upstream of 101st (Extended) ...... *626 350 feet upstream of U.S. Street South ...... *651 Rock Creek: Highway 64 ...... *654 500 feet upstream of 101st Just upstream of Willow Street South ...... *652 At the County Road, ap- proximately 5,000 feet up- Street ...... *680 Covington Creek (Adams stream of confluence with 11,500 feet upstream of Creek Tributary B): Hominy Creek ...... *625 mouth (at Tulsa-Osage At confluence with Adams County boundary) ...... *690 Creek ...... *598 South Fork Horse Creek: Maps are available for in- 200 feet upstream of East At confluence with Bird spection at the Tulsa Coun- 81st Street South ...... *627 Creek ...... *633 ty Annex Building, 633 West Covington Creek Tributary At Maple Street ...... *634 Third, Room 140, Tulsa, (Adams Creek Tributary B± At the downstream side of Oklahoma. 1): Southern Pacific Railroad *644 1,200 feet upstream of con- Maps are available for in- Oregon fluence with Covington spection at the Town of Creek (Adams Creek Trib- Skiatook Municipal Building, Athena (City), Umatilla utary B) ...... *617 100 North Broadway, County (FEMA Docket Skiatook, Oklahoma. Lone Star Creek (Adams No. 7270) Creek Tributary D): Wildhorse Creek: ÐÐÐ 7,260 feet upstream of con- Approximately 1,970 feet fluence with Adams Creek *698 Tulsa (City), Tulsa County downstream of Labor (FEMA Docket No. 7254) School Creek (Adams Creek Camp Road ...... *1,679 Tributary C): Mingo Creek: Approximately at Fifth Street *1,719 2,300 feet downstream of 100 feet upstream of 56th Maps are available for in- 236th East Avenue ...... *605 Street North ...... *589 spection at the City of 150 feet downstream of Bird Creek: Athena, 215 South Third 236th East Avenue ...... *608 At 46th Street North (State Street, Athena, Oregon. Timber Creek (Adams Creek Highway 266) ...... *584 ÐÐÐ Tributary A): Spunky Creek: 700 feet upstream of East 2,150 feet downstream of Umatilla County (Unincor- 71st Street South ...... *619 21st Street South ...... *631 porated Areas) (FEMA 4,800 feet upstream of 100 feet upstream of 193rd Docket No. 7270) South 257th East Avenue *662 East Avenue ...... *665 Wildhorse Creek:

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#Depth in (Catalog of Federal Domestic Assistance No. FOR FURTHER INFORMATION CONTACT: feet above 83.100, ‘‘Flood Insurance.’’) Leslie K. Shapiro, Mass Media Bureau, ground. Dated: May 6, 1999. (202) 418–2180. Source of flooding and location *Elevation in feet Michael J. Armstrong, SUPPLEMENTARY INFORMATION: This is a (NGVD) Associate Director for Mitigation. synopsis of the Commission’s Report [FR Doc. 99–12350 Filed 5–14–99; 8:45 am] and Order, MM Docket No. 98–185, Approximately 2,600 feet BILLING CODE 6718±04±P adopted April 21, 1999, and released downstream of Damburn May 7, 1999. The full text of this Road ...... *1,671 Commission decision is available for Approximately at Fifth Street *1,719 FEDERAL COMMUNICATIONS inspection and copying during normal Mill Creek: business hours in the FCC Reference Approximately 80 feet down- COMMISSION stream of Henry Canyon Center (Room 239), 1919 M Street, NW., Bridge ...... *2,199 47 CFR Part 73 Washington, DC. The complete text of Approximately 720 feet up- this decision may also be purchased [MM Docket No. 98±185; RM±9355] stream of Forest Service from the Commission’s copy contractor, # International Transcription Services, 65 Bridge ...... *2,348 Radio Broadcasting Services; Ely and Maps are available for in- Inc., (202) 857–3800, 1231 20th Street, Carlin, NV spection at the Umatilla NW, Washington, DC 20036. County Department of Re- AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 source Services and Devel- Commission. opment, 216 Southeast Radio broadcasting. Fourth Street, Pendleton, ACTION: Final rule. Oregon. Part 73 of Title 47 of the Code of SUMMARY: The Commission, at the Federal Regulations is amended as Texas request of L. Topaz Enterprises, Inc., follows: substitutes Channel 244C for Channel Montgomery County (and 244C1, reallots Channel 244C from Ely, PART 73Ð[AMENDED] Incorporated Areas) NV, to Carlin, NV, as the community’s 1. The authority citation for Part 73 (FEMA Docket No. 7270) first local aural service, and modifies continues to read as follows: Bens Branch: Station KHIX’s construction permit to Approximately 2,900 feet specify operation on Channel 244C1 and Authority: 47 U.S.C. 154, 303, 334. 336. downstream of confluence Carlin as its community of license. See with Bens Branch Tribu- § 73.202 [Amended] tary 1 ...... *74 63 FR 55831, October 19, 1998. Channel 244C can be allotted to Carlin in 2. Section 73.202(b), the Table of FM Just downstream of South- Allotments under Nevada, is amended ern Pacific Railroad ...... *80 compliance with the Commission’s minimum distance separation by removing Channel 244C1 at Ely and Approximately 150 feet up- by adding Carlin, Channel 244C. stream of U.S. Route 59 requirements with a site restriction of 1 South ...... *81 kilometer (0.6 mile) west, at coordinates Federal Communications Commission. Maps are available for in- 40–42–47 NL; 116–07–18 WL, to John A. Karousos, spection at 301 North accommodate petitioner’s desired Chief, Allocations Branch, Policy and Rules Thompson Street, Suite 208, transmitter site. With this action, this Division, Mass Media Bureau. Conroe, Texas. proceeding is terminated. [FR Doc. 99–12308 Filed 5–14–99; 8:45 am] 1 Value rounded to nearest whole foot. DATES: Effective June 21, 1999. BILLING CODE 6712±01±P

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Proposed Rules Federal Register Vol. 64, No. 94

Monday, May 17, 1999

This section of the FEDERAL REGISTER above address by calling (202) 514–3291 2. The Independent Offices contains notices to the public of the proposed to arrange for an appointment. Appropriation Act, 1952 issuance of rules and regulations. The purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: The Service also employs the persons an opportunity to participate in the Charles J. Yaple, Senior Staff authority granted through the rule making prior to the adoption of the final Accountant, Fee Policy and Rate Setting Independent Offices Appropriation Act, rules. Branch, Office of Budget, Immigration 1952, Pub. L. 82–137 (IOAA) 31 U.S.C. and Naturalization Service, on (202) 9701, commonly referred to as the ‘‘user 616–2754, or in writing at 425 I Street, fee statute,’’ to develop its fees. The user DEPARTMENT OF JUSTICE NW., Room 6240, Washington, DC fee statute directs Federal agencies to 20536. identify services provided to unique Immigration and Naturalization Service segments of the population and to Detailed documentation of the rate- charge fees for those services, rather 8 CFR Part 103 setting process is available upon request than supporting such services through by calling (202) 616–2754. [INS No. 1933±98; AG Order No. 2223±99] general tax revenues. The IOAA states SUPPLEMENTARY INFORMATION: that ‘‘[i]t is the sense of Congress that RIN 1115±AE42 What Legal Authority Does the Service each service or thing of value provided by an agency * * * to a person * ** Adjustment of Small Volume Have To Charge Fees? Application Fees of the Immigration is to be self-sustaining to the extent Examinations Fee Account 1. Departments of Commerce, Justice, possible.’’ 31 U.S.C. 9701(a). The IOAA and State, the Judiciary, and Related further provides that charges for such AGENCY: Immigration and Naturalization Agencies Appropriation Acts of 1989 services or things of value should be Service, Justice. and 1991 based on ‘‘the costs to the Government; ACTION: Proposed rule. the value of the service or thing to the The Department of Commerce, Justice, recipient; the public policy or interest SUMMARY: This rule proposes to adjust and State, the Judiciary, and Related served; and other relevant facts.’’ 31 the Immigration and Naturalization Agencies Appropriation Act, 1989 U.S.C. 9701(b). Service’s (Service) fee schedule of the (Public Law 100–459) authorized the Immigration Examinations Fee Account Service to prescribe and collect fees to 3. The Chief Financial Officers Act of (IEFA) for certain small volume recover the cost of providing certain 1990 immigration adjudication and immigration adjudication and The Service must also conform to the naturalization applications and naturalization services. Public Law 100– requirements of the Chief Financial petitions (Forms I–360, N–300, N–336, 459 also authorized the establishment of Officers Act of 1990 (‘‘CFO Act’’), Public and N–470). Fees collected from persons the IEFA in the Treasury of the United Law 101–576. Section 205(a)(8) of the filing these applications and petitions States. All revenue from fees collected CFO Act requires each agency’s Chief are deposited into the IEFA and used to for the provision of immigration Financial Officer to ‘‘review, on a fund the cost of processing immigration adjudication and naturalization services biennial basis, the fee, royalties, rents, adjudication and naturalization are deposited in the IEFA and ‘‘remain and other charges imposed by the applications and petitions and available until expended to the Attorney agency for services and things of value associated support services. The Service General to reimburse any appropriation it provides, and make recommendations has determined that the current fees for the amount paid out of such on revising those charges to reflect costs these four small volume applications appropriation for expenses in providing incurred by it in providing those and petitions need to be adjusted. Of the immigration adjudication and services and things of value.’’ 31 U.S.C. four small volume applications and naturalization services and the 902(a)(8). petitions, the fees for two are being collection, safeguarding and accounting What Federal Cost Accounting and Fee increased and two are being decreased. for fees * * *.’’ 8 U.S.C. 1356(n). Setting Standards and Guidelines Are This rule is necessary to ensure that the In subsequent legislation, the Being Used? fees charged accurately reflect the cost Departments of Commerce, Justice, and of processing immigration adjudication State, the Judiciary, and Related 1. Office of Management and Budget and naturalization applications and Agencies Appropriation Acts, 1991, (OMB) Circular No. A–25, User Charges petitions. (Public Law 101–515), Congress further When developing fees for services, the DATES: Written comments must be provided that ‘‘fees for providing Service adheres to the principles submitted on or before July 16, 1999. adjudication and naturalization services contained in OMB Circular Number A– ADDRESSES: Please submit written may be set at a level that will ensure 25, User Charges. OMB Circular A–25 comments, in triplicate, to the Director, recovery of the full costs of providing all states that, as a general policy, a ‘‘user Policy Directives and Instructions such services, including the costs of charge * * * will be assessed against Branch, Immigration and Naturalization similar services provided without each identifiable recipient for special Service, 425 I Street, NW., Room 5307, charge to asylum applicants or other benefits derived from Federal activities Washington, DC 20536. To ensure immigrants. Such fees may also be set beyond those received by the general proper handling, please reference INS at a level that will recover any public.’’ Number 1933–98 on your additional costs associated with the The guidance contained in OMB correspondence. Comments are administration of the fees collected.’’ 8 Circular A–25 is applicable to the extent available for public inspection at the U.S.C. 1356(m). that it is not inconsistent with any

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Federal statute. Specific legislative information requirements of the that are the subject of this proposed authority to charge fees for services Congress, executive agencies, and other rule. takes precedence over OMB Circular A– users of Federal financial information. 25 when the statute expressly designates TABLE 1.ÐSMALL VOLUME How Did the Service Determine the Full ‘‘who pays the charge; how much is the Cost of Processing Immigration APPLICATIONS charge; [or] where collections are Adjudication and Naturalization deposited.’’ When a statute does not Form Description Applications? address issues of how to calculate fees or what costs to include in the fee 1. Phase I—Large Volume Applications/ I±360 ...... Petition for Amerasian, calculation, Federal agencies must Petitions Widow(er), or Special Immi- grant. follow the principles and guidance The Service conducted a review of the N±300 ...... Application to File Declaration contained in OMB Circular A–25 to the of Intention. fullest extent allowable. The guidance IEFA in two phases to determine the full cost of processing immigration N±336 ...... Request for Hearing on a De- directs Federal agencies to charge the cision in Naturalization Pro- ‘‘full cost’’ of providing services when adjudication and naturalization cedures. calculating fees that provide a specific applications. Phase I sought to develop N±470 ...... Application to Preserve Resi- benefit to recipients. The OMB Circular a more consistent and reliable cost dence for Naturalization A–25 defines full cost as ‘‘all direct and accounting methodology focusing on 30 Purposes. indirect costs to any part of the Federal large volume applications and petitions Government of providing a good, (volumes in excess of 10,000 per year). What Processes Were Used To resource, or service.’’ These costs This resulted in a proposed rule, which Determine the Adjustment of Fees? include, but are not limited to, an detailed the Activity Based Costing (ABC) approach and methodology used, 1. Scope of Small Volume Application appropriate share of: Review • Direct and indirect personnel costs, and proposed adjusted fees for 30 including salaries and fringe benefits immigration adjudication and One of the primary objectives of the such as medical insurance and naturalization petitions based on the IEFA Study was to evaluate the small retirement; determination of the full cost to the volume applications and include the • Physical overhead, consulting, and Service to perform the required applications in the IEFA cost model. other indirect costs including material activities. The proposed rule was The small volume application and supply costs, utilities, insurance, published in the Federal Register on evaluation and analysis included: (1) travel and rents or inputed rents on January 12, 1998, at 63 FR 1775. The incorporating small volume application land, buildings, and equipment; final rule was published in the Federal expenses deducted from the IEFA • The management and supervisory Register on August 14, 1998, at 63 FR budget base; and (2) assigning activity costs; and 43604. processing model activities to the small • The costs of enforcement, 2. Phase II—Small Volume volume applications. collection, research, establishment of Applications/Petitions 2. Small Volume Applications standards, and regulation. Resources In a continuing effort to refine and 2. Federal Accounting Standards build upon the methodology and results Since small volume applications were Advisory Board Statement of Federal of the first study, the Service not included in the Phase I IEFA Study, Financial Accounting Standards No. 4: implemented Phase II of the IEFA fee amounts representing the imputed cost Managerial Cost Accounting Concepts study. The primary objective was to add of the small volume applications were and Standards for the Federal more precision to the cost model for deducted from the budget base. For the Government certain small volume applications. For purposes of the Phase I IEFA Study, it When developing fees for services, the the purposes of the IEFA studies, small was assumed that the cost of processing Service also adheres to the cost volume applications were defined as a small volume application was equal to accounting concepts and standards those applications and petitions that the fee in effect at the time. As a result, recommended by the Federal have annual volumes of less than 10,000 the small volume application fees were Accounting Standards Advisory Board application and petition receipts. The multiplied by the projected FY 1998 (FASAB). The FASAB was established Service selected the ABC approach small volume application workload in 1990, and its purpose is to because it is an operationally-based volume to identify the projected recommend accounting standards for technique that focuses on work revenue to deduct from the budget base. the Federal Government. In developing activities performed that produce an Table 2 provides the small volume its recommendations, the FASAB output and consumes resources. Table 1 application resources deducted from the considers the financial and budgetary provides the small volume applications Phase I IEFA Study cost model.

TABLE 2.ÐSMALL VOLUME APPLICATION RESOURCES DEDUCTED FROM THE PHASE I IEFA COST MODEL

Phase I pro- Form No. jected FY Current fee Projected 1998 volume resources

I±360 ...... 8,196 $80.00 $655,680 N±300 ...... 991 75.00 74,325 N±336 ...... 3,956 110.00 435,160 N±470 ...... 423 115.00 48,645

Total of small volume applications ...... 1,213,810

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The $1.2 million in projected tasks) of an application process. The petitions based on the percentage of resources for processing small volume APM was developed to show the projected workload volume for the applications was deducted from the activities involved in processing application or petition. These budget base of each IEFA funded applications and to serve as the primary assignments were then weighted by the program involved in processing these basis for associating resources with cost time required to perform each activity applications. The amount deducted objects (applications). The APM enabled (cycle time) for each application or from each program was based on the the study team to link the resources petition. The percentage of weighted percentage of full time equivalents required by the Service to perform its volume represented by an application (FTEs) represented by the program in processing activities with the determines the percentage of activity proportion to the total FTEs of the applications. cost assigned to the application. programs combined. The inclusion of Including the small volume applications small volume applications in the Phase 3. Assigning Activities to Small Volume Applications in the Phase II IEFA cost model required II IEFA Study required incorporating the identifying the FY 1998 workload $1.2 million small volume application With the small volume expenses projections, and determining the time included in the Phase II cost model, the resources deducted during the Phase I required to perform each small volume next step was to assign the activities to IEFA Study. application activity. Once these data The small volume application these applications. Small volume elements were identified, the percentage resources were assigned to the program applications are processed in the same of activity costs applicable to the small areas from which the resources were manner as other IEFA funded volume applications was calculated. deducted in the Phase I IEFA Study. applications. Therefore, the activities After the small volume application identified in the Phase I IEFA Study 4. Small Volume Application Volumes resources were assigned to the APM were used to evaluate the small respective program areas, the resources volume applications. To ensure The first step in assigning the APM were assigned to the Application consistency with the Phase I study, the activities to small volume applications Processing Model (APM) activities same methodology and approach was was to identify the projected FY 1998 based on the results of the Phase I IEFA used to assign activities to applications. workload volumes for the applications. Study FTE surveys for each program In the Phase I study, the nine primary The volumes in Table 3 represent the area. The APM is a narrative and activities were assigned to the most recent workload projections graphical representation (i.e., a map or immigration adjudication and developed by the Service and used in flowchart of the activities, worksteps, or naturalization applications and the fee study.

TABLE 3.ÐPROJECTED ANNUAL APPLICATION WORKLOAD VOLUMES

Small volume Phase II projected form Description annual volume

I±360 ...... Petition for Amerasian, Widow(er), or Special Immigrant ...... 8,919 N±300 ...... Application to File Declaration of Intention ...... 1,015 N±336 ...... Request for Hearing on a Decision in Naturalization Procedures ...... 4,500 N±470 ...... Application to Preserve Residence for Naturalization Purpose ...... 382

5. Small Volume Application Data validity could not be performed in a asked to review the APM, identifying Gathering Approach timely or cost effective manner. the areas of the APM that applied to The study determined that the best their application. The contact person Once the small volume application approach to identify small volume was requested to identify any questions business volumes were identified, the application activity cycle times would they had on the activities and tasks next step was to determine the activity be to conduct telephone interviews with listed on the APM. cycle times for each application. In the highly experienced Service personnel Step 2. This step consisted of a Phase I IEFA Study, applications and involved in processing small volume discussion, after the initial review by petitions activity cycle times were applications. The highly experienced the contact person, of any questions that identified by performing statistical Service personnel identified were from he/she had on the APM. It was sampling and observation at various different geographical locations. The important that the contact person and service centers and district offices. The objective of each telephone interview the interviewer have the same Phase I study cycle time collection was to identify the activities and tasks understanding of the APM prior to relied on observing enough application required to process each small volume asking timing questions. The contact activity combinations to ensure application and to identify the person was asked to determine if there statistical validity. estimated time required to perform the were any activities or tasks for the Small volume applications by activity or task. application not listed in the APM. definition are not processed in the same 6. Telephone Interview Preparation Step 3. Preparation for this step volume as other IEFA applications. The involved a discussion of the application service centers and district offices do Prior to conducting each telephone processing activities, including the not process enough small volume interview, procedures were developed ‘‘unique’’ and ‘‘common’’ activities. A applications to ensure that personal for conducting the interview. The determination was made on whether the observations could be performed during following steps were performed prior to small volume application was processed site visits. As a result, the Phase II study the interview: the same as other applications for determined that observing enough small Step 1. In this step, the contact person ‘‘common’’ activities. It was made clear volume application and activity was provided with a description of the that the interviewee had to understand combinations to ensure statistical fee study and the APM definitions, and the terms ‘‘unique’’ and ‘‘common’’

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TABLE 4.ÐSMALL VOLUME APPLICATION CYCLE TIMES (MINUTES)

Activity I±360 N±300 N±336 N±470

Receive ...... 4.71 2.24 .89 .89 Record Fee ...... 1.40 1.40 1.40 1.40 Input Application Data ...... 4.68 .95 N/A N/A Manage Records ...... 5.65 13.93 6.02 5.57 Adjudicate Applications ...... 49.06 7.90 77.48 26.16 Prepare Outgoing ...... 1.67 .65 1.83 3.35 Issue End Product ...... N/A 9.25 7.42 N/A Respond to Inquiry ...... 7.68 N/A 2.73 9.87

Total ...... 74.85 36.32 97.77 47.24

8. Small Volume Application Costs determined the total annual cost to small volume application. (The unit cost The final step in performing the small process each small volume application. per application identifies the cost volume application analysis was to The total small volume application required to produce one unit, e.g., one calculate the cost to process each activity costs were divided by the application, based on the activities application. With the APM activities projected FY 1998 workload volumes to consumed in producing that unit/ assigned to small volume applications determine a unit cost for each small application.) Table 5 provides the FY based on projected FY 1998 workload volume application activity. The sum of 1998 activity unit cost and total unit volumes weighted by application the small volume application activity cost to process each small volume activity cycle times, the study team costs is the total unit cost to process the application.

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TABLE 5.ÐSMALL VOLUME APPLICATION FY 1998 UNIT COSTS

Activity I±360 N±300 N±336 N±470

Receive ...... $3.78 $1.10 $.44 $.44 Record Fee ...... 1.69 1.66 1.66 1.66 Input Application Data ...... 7.00 1.02 .00 .00 Manage Records ...... 6.75 20.42 8.83 8.17 Adjudicate Application ...... 75.34 14.02 137.50 46.42 Prepare Outgoing ...... 4.35 1.61 4.54 8.31 Issue End Product ...... 00 10.94 12.40 .00 Respond to Inquiry ...... 10.95 .00 3.89 14.07

Total FY 1998 Unit Cost ...... 109.86 50.77 169.26 79.07

The Service is authorized to set the insignificant that it has not been revenues into the IEFA cost model that immigration and naturalization fees at a included as part of the costs for these were deducted during the Phase I IEFA level that will recover the costs of applications. Study, and identifying and quantifying providing all immigration adjudication drivers to assign the APM activities to What Are Our Conclusions and and naturalization services ‘‘including the small volume applications. The unit Proposed Fee Adjustments? the costs of similar services provided costs identified in Table 5 represent the without charge to asylum applicants or The objectives of the small volume Service’s cost to process each small other immigrants.’’ 8 U.S.C. 1356(m). In application analysis were to determine volume application. addition, the fees must be set the full cost of processing the The Service is proposing to increase sufficiently high enough to recover the applications and to include the two and decrease two of the small costs of fee waivers that are granted. applications in the IEFA cost model. volume fees associated with this study. However, because of the small volumes The small volume application analysis Table 6 identifies the proposed fees to associated with these applications, the was performed in accordance with the be increased as well as the fees to be amount derived from the calculation to methodology implemented in the Phase decreased. The proposed fee has been determine waiver/exempt costs and the I IEFA Study. The analysis required rounded to the nearest whole $5 asylum and refugee surcharge was so incorporating small volume application amount.

TABLE 6.ÐSMALL VOLUME APPLICATION PROPOSED FEE SCHEDULE ADJUSTMENTS

Form Description Total cost Current fee Proposed fee

I±360 ...... Petition for Amerasian, Widow(er), or Special Immigrant ...... $109.86 $80.00 $110.00 N±300 ...... Application to File Declaration of Intention ...... 50.77 75.00 50.00 N±336 ...... Request for Hearing on a Decision in Naturalization Procedures ...... 169.26 110.00 170.00 N±470 ...... Application to Preserve Residence for Naturalization Purposes ...... 79.07 115.00 80.00

Regulatory Flexibility Act in any 1 year, and it will not Executive Order 12866 significantly or uniquely affect small The Attorney General, in accordance governments. This rule will only affect This rule is not considered by the with 5 U.S.C. 605(b), has reviewed this persons who file certain applications or Department of Justice to be a regulation and, by approving it, certifies petitions for immigration benefits. ‘‘significant regulatory action’’ under that this rule will not have a significant Therefore, no actions were deemed Executive Order 12866, section 3(f), economic impact on a substantial necessary under the provisions of the Regulatory Planning and Review, number of small entities. Of the four Unfunded Mandates Reform Act of because it will have an annual effect on applications or petitions covered under 1995. the economy of less than $100 million. this proposed rule, only two of the fees Without the proposed increases/ are being increased and the other two Small Business Regulatory Enforcement decreases, the Service estimates that it fees are being decreased. In addition, Fairness Act of 1996 will collect $1.3 million in fees for small volume applications refer to fewer immigration and adjudication services than 10,000 applications per year. Total This rule is not a major rule as for these four small volume applications projected revenues for all four defined by section 251 of the Small applications or petitions for FY 1998 Business Regulatory Enforcement in FY 1998. With the proposed fee amounts to $1,827,400. Normally, these Fairness Act of 1996. 5 U.S.C. 804. This adjustments, the Service will collect applications and petitions would rule will not result in an annual effect approximately $1.8 million. The generally be filed by individuals as on the economy of $100 million or implementation of this proposed rule opposed to small businesses. more; a major increase in costs or prices; will provide the Service with an or significant adverse effects on additional $.5 million in revenue over Unfunded Mandates Reform Act of competition, employment, investment, the revenue that would be collected 1995 productivity, innovation, or on the under the current fee structure. This This rule will not result in the ability of United States-based revenue increase is a recovery of costs expenditure by State, local, and tribal companies to compete with foreign- based on workload volumes required to governments, in the aggregate, or by the based companies in domestic and process these applications. private sector, of $100 million or more export markets.

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Executive Order 12612 Form N–470. For filing an application for The service information referenced in section 316(b) or 317 of the Act benefits— the proposed rule may be obtained from The regulations proposed herein will $80.00. Learjet, Inc., One Learjet Way, Wichita, not have substantial direct effects on the * * * * * Kansas 67209–2942. This information States, on the relationship between the Dated: May 11, 1999. may be examined at the FAA, Transport National Government and the States, or Janet Reno, Airplane Directorate, 1601 Lind on the distribution of power and Attorney General. Avenue, SW., Renton, Washington; or at responsibilities among the various [FR Doc. 99–12375 Filed 5–14–99; 8:45 am] the FAA, Small Airplane Directorate, levels of government. Therefore, in BILLING CODE 4410±10±P Wichita Aircraft Certification Office, accordance with Executive Order 12612, 1801 Airport Road, Room 100, Mid- it is determined that this rule does not Continent Airport, Wichita, Kansas. have sufficient federalism implications to warrant the preparation of a DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Jose Flores, Senior Aerospace Engineer, Federalism Assessment. Federal Aviation Administration Systems and Propulsion Branch, ACE– Executive Order 12988: Civil Justice 14 CFR Part 39 116W, FAA, Small Airplane Directorate, Reform Wichita Aircraft Certification Office, [Docket No. 98±NM±372±AD] This proposed rule meets the 1801 Airport Road, Room 100, Mid- applicable standards set forth in RIN 2120±AA64 Continent Airport, Wichita, Kansas sections 3(a) and 3(b)(2) of Executive 67209; telephone (316) 946–4133; fax Order 12988. Airworthiness Directives; Learjet (316) 946–4407. Model 23, 24, 25, 28, 29, 31, 55, and 60 SUPPLEMENTARY INFORMATION: List of Subjects in 8 CFR Part 103 Series Airplanes Comments Invited Administrative practice and AGENCY: Federal Aviation procedure, Authority delegations Administration, DOT. Interested persons are invited to (Government agencies), Fees, Forms, ACTION: Notice of proposed rulemaking participate in the making of the Freedom of information, Privacy, (NPRM). proposed rule by submitting such Reporting and recordkeeping, written data, views, or arguments as requirements, Surety bonds. SUMMARY: This document proposes the they may desire. Communications shall adoption of a new airworthiness Accordingly, part 103 of chapter I of identify the Rules Docket number and directive (AD) that is applicable to title 8 of the Code of Federal be submitted in triplicate to the address certain Learjet Model 23, 24, 25, 28, 29, Regulations is proposed to be amended specified above. All communications 31, 55, and 60 series airplanes. This as follows: received on or before the closing date proposal would require a one-time for comments, specified above, will be PART 103ÐPOWERS AND DUTIES OF detailed visual inspection of the considered before taking action on the SERVICE OFFICERS; AVAILABILITY electrical wire leads of the horizontal proposed rule. The proposals contained OF SERVICE RECORDS stabilizer anti-ice system to verify that in this notice may be changed in light the numbers on the wire leads correctly of the comments received. 1. The authority citation for part 103 correspond to the numbers on the continues to read as follows: connected airframe wiring; installation Comments are specifically invited on the overall regulatory, economic, Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. of a wire ID strap on the left- and right- hand sides of each terminal block; and environmental, and energy aspects of 1101, 1103, 1201, 1252 note, 1252b, 1304, the proposed rule. All comments 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR installation of a warning placard. This 14874, 15557; 3 CFR, 1982 Comp., p.166; 8 proposal is prompted by a report of submitted will be available, both before CFR part 2. severe flight control buffeting of a and after the closing date for comments, Learjet Model 55 series airplane due to in the Rules Docket for examination by 2. In § 103.7, paragraph (b)(1) is a malfunction of the horizontal interested persons. A report amended by revising the entries for the stabilizer anti-ice system. The actions summarizing each FAA-public contact following forms listed, to read as specified by the proposed AD are concerned with the substance of this follows: intended to prevent undetected proposal will be filed in the Rules Docket. § 103.7 Fees. accretion of ice on the leading edge of the horizontal stabilizer, which could * * * * * Commenters wishing the FAA to result in the loss of pitch control and acknowledge receipt of their comments (b) * * * consequent reduced controllability of submitted in response to this notice (1) * * * the airplane. must submit a self-addressed, stamped * * * * * DATES: Comments must be received by postcard on which the following Form I–360. For filing a petition for July 1, 1999. statement is made: ‘‘Comments to an Amerasian, Widow(er), or Special ADDRESSES: Submit comments in Docket Number 98–NM–372–AD.’’ The Immigrant—$110.00, except there is no triplicate to the Federal Aviation postcard will be date stamped and fee for a petition seeking classification Administration (FAA), Transport returned to the commenter. as an Amerasian. Airplane Directorate, ANM–114, Availability of NPRMs * * * * * Attention: Rules Docket No. 98–NM– Form N–300. For filing an application for 372–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this declaration of intention—$50.00. Renton, Washington 98055–4056. NPRM by submitting a request to the Form N–336. For filing request for hearing Comments may be inspected at this FAA, Transport Airplane Directorate, on a decision in naturalization proceedings location between 9:00 a.m. and 3:00 ANM–114, Attention: Rules Docket No. under section 336 of the Act—$170.00. p.m., Monday through Friday, except 98–NM–372–AD, 1601 Lind Avenue, * * * * * Federal holidays. SW., Renton, Washington 98055–4056.

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Discussion Explanation of Requirements of the States, or on the distribution of The FAA has received a report Proposed Rule power and responsibilities among the indicating that a Learjet Model 55 series Since an unsafe condition has been various levels of government. Therefore, airplane declared an emergency during identified that is likely to exist or in accordance with Executive Order flight due to severe flight control develop on other products of this same 12612, it is determined that this buffeting; the airplane landed safely. type design, the proposed AD would proposal would not have sufficient Following a detailed visual inspection require accomplishment of the actions federalism implications to warrant the of the horizontal stabilizer anti-ice specified in the service bulletins preparation of a Federalism Assessment. system, it was determined that the described previously, except as For the reasons discussed above, I wiring on two terminal strips was discussed below. certify that this proposed regulation (1) incorrectly connected, which caused is not a ‘‘significant regulatory action’’ Differences Between Proposed Rule and under Executive Order 12866; (2) is not electrical heating elements of the anti- Service Bulletins ice system to operate out of sequence a ‘‘significant rule’’ under the DOT and allowed ice to build up on the Operators should note that, although Regulatory Policies and Procedures (44 horizontal stabilizer. When operating the service bulletins recommend FR 11034, February 26, 1979); and (3) if correctly, the center electrical heating accomplishing the detailed visual promulgated, will not have a significant element is provided with continuous inspection and installations within 300 economic impact, positive or negative, electrical power. Incorrect wiring can flight hours (after the release of the on a substantial number of small entities cause the center element to cycle on and service bulletin), the FAA has under the criteria of the Regulatory off and, subsequently, the anti-ice determined that a compliance time of Flexibility Act. A copy of the draft system will not function properly, 300 flight hours would not address the regulatory evaluation prepared for this which can cause the ice to build up on identified unsafe condition in a timely action is contained in the Rules Docket. the leading edge of the horizontal manner. In developing an appropriate A copy of it may be obtained by stabilizer. Further investigation revealed compliance time for this proposed AD, contacting the Rules Docket at the that during routine maintenance of the the FAA considered not only the location provided under the caption ADDRESSES. airplane’s anti-ice system, the wire manufacturer’s recommendation, but the degree of urgency associated with numbers connecting the airplane wiring List of Subjects in 14 CFR Part 39 addressing the subject unsafe condition, through two terminal strips were the average utilization of the affected Air transportation, Aircraft, Aviation incorrectly matched to the electrical fleet, and the time necessary to perform safety, Safety. heating elements in the leading edge, the inspection and installations (one which led to miswiring of the The Proposed Amendment work hour). In light of all of these connection. This condition, if not factors, the FAA finds a 100-flight-hour Accordingly, pursuant to the corrected, could result in undetected compliance time for initiating the authority delegated to me by the accretion of ice on the leading edge of required actions to be warranted, in that Administrator, the Federal Aviation the horizontal stabilizer, and it represents an appropriate interval of Administration proposes to amend part consequent loss of pitch control and time allowable for affected airplanes to 39 of the Federal Aviation Regulations reduced controllability of the airplane. continue to operate without (14 CFR part 39) as follows: compromising safety. Explanation of Relevant Service PART 39ÐAIRWORTHINESS Information Cost Impact DIRECTIVES The FAA has reviewed and approved There are approximately 1,010 Learjet Service Bulletins SB 23/24/25– 1. The authority citation for part 39 airplanes of the affected design in the continues to read as follows: 30–3, (for Model 23, 24, and 25 series worldwide fleet. The FAA estimates that airplanes), SB 28/29–30–3 (for Model 28 806 airplanes of U.S. registry would be Authority: 49 U.S.C. 106(g), 40113, 44701. and 29 series airplanes), SB 31–30–05 affected by this proposed AD, that it § 39.13 [Amended] (for Model 31 series airplanes), SB 55– would take approximately 1 work hour 2. Section 39.13 is amended by 30–3 (for Model 55 series airplanes), per airplane to accomplish the proposed and SB 60–30–4 (for Model 60 series adding the following new airworthiness inspection and installations, and that directive: airplanes); all dated October 27, 1998; the average labor rate is $60 per work which describe procedures for a one- hour. Required parts would be provided Learjet: Docket 98–NM–372–AD. time detailed visual inspection of the by the manufacturer at no cost to the Applicability: Model 23, 24, 25, 28, 29, 31, electrical wire leads of the horizontal operators. Based on these figures, the 55, and 60 series airplanes; as listed in Learjet Service Bulletins SB 23/24/25–30–3, stabilizer anti-ice system to verify that cost impact of the proposed AD on U.S. the numbers on the wire leads correctly SB 28/29–30–3, SB 31–30–05, SB 55–30–3, operators is estimated to be $48,360, or and SB 60–30–4, all dated October 27, 1998; correspond to the numbers on the $60 per airplane. certificated in any category. connected airframe wiring; installation The cost impact figure discussed Note 1: This AD applies to each airplane of a wire ID strap on the left- and right- above is based on assumptions that no identified in the preceding applicability hand sides of each terminal block; and operator has yet accomplished any of provision, regardless of whether it has been installation of a warning placard. The the proposed requirements of this AD modified, altered, or repaired in the area new placard will provide clear and action, and that no operator would subject to the requirements of this AD. For visible warning that reads: accomplish those actions in the future if airplanes that have been modified, altered, or ‘‘WARNING—PROPER CONNECTION this AD were not adopted. repaired so that the performance of the OF BOOT WIRING IS CRITICAL, REFER requirements of this AD is affected, the TO WIRING/SERVICE MANUAL.’’ Regulatory Impact owner/operator must request approval for an alternative method of compliance in Accomplishment of the actions The regulations proposed herein accordance with paragraph (b) of this AD. specified in the service bulletins is would not have substantial direct effects The request should include an assessment of intended to adequately address the on the States, on the relationship the effect of the modification, alteration, or identified unsafe condition. between the national government and repair on the unsafe condition addressed by

VerDate 06-MAY-99 15:55 May 14, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\17MYP1.XXX pfrm03 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26705 this AD; and, if the unsafe condition has not Special Flight Permits 5:00 p.m. An informal docket may also been eliminated, the request should include (c) Special flight permits may be issued in be examined during normal business specific proposed actions to address it. accordance with sections 21.197 and 21.199 hours at the office of the Regional Air Compliance: Required as indicated, unless of the Federal Aviation Regulations (14 CFR Traffic Division. accomplished previously. 21.197 and 21.199) to operate the airplane to FOR FURTHER INFORMATION CONTACT: To prevent undetected accretion of ice on a location where the requirements of this AD the leading edge of the horizontal stabilizer, can be accomplished. Sheri Edgett Baron, Airspace and Rules which could result in the loss of pitch Division, ATA–400, Office of Air Traffic Issued in Renton, Washington, on May 10, control and consequent reduced 1999. Airspace Management, Federal Aviation controllability of the airplane, accomplish Administration, 800 Independence D.L. Riggin, the following: Avenue, SW., Washington, DC 20591; Acting Manager, Transport Airplane One-Time Inspection telephone: (202) 267–8783. Directorate, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: (a) Within 100 flight hours after the [FR Doc. 99–12298 Filed 5–14–99; 8:45 am] effective date of this AD: Perform a one-time detailed visual inspection of the electrical BILLING CODE 4910±13±P Comments Invited wire leads of the horizontal stabilizer anti-ice Interested parties are invited to system to verify that the numbers on the wire DEPARTMENT OF TRANSPORTATION participate in this proposed rulemaking leads correctly correspond to the numbers on by submitting such written data, views, the connected airframe wiring, in accordance with Learjet Service Bulletins SB 23/24/25– Federal Aviation Administration or arguments as they may desire. 30–3, (for Model 23, 24, and 25 series Comments that provide the factual basis airplanes), SB 28/29–30–3 (for Model 28 and 14 CFR Part 71 supporting the views and suggestions 29 series airplanes), SB 31–30–05 (for Model presented are particularly helpful in [Airspace Docket No. 95±AWA±4] 31 series airplanes), SB 55–30–3 (for Model developing reasoned regulatory 55 series airplanes), or SB 60–30–4 (for Proposed Modification of the Orlando decisions on the proposal. Comments Model 60 series airplanes); all dated October are specifically invited on the overall 27, 1998; as applicable. Class B Airspace Area, Orlando, FL; and Modification of the Orlando regulatory, aeronautical, economic, Note 2: For the purposes of this AD, a environmental, and energy-related detailed inspection is defined as: ‘‘An Sanford Airport Class D Airspace Area, intensive visual examination of a specific Sanford, FL aspects of the proposal. structural area, system, installation or Communications should identify the assembly to detect damage, failure or AGENCY: Federal Aviation airspace docket number and should be irregularity. Available lighting is normally Administration (FAA) DOT. submitted in triplicate to the address supplemented with a direct source of good ACTION: Notice of proposed rulemaking listed above. Commenters wishing the lighting at intensity deemed appropriate by (NPRM). FAA to acknowledge receipt of their the inspector. Inspection aids such as mirror, comments on this notice must submit magnifying lenses, etc. may be used. Surface SUMMARY: This notice proposes to with those comments a self-addressed, cleaning and elaborate access procedures modify the Orlando Class B airspace may be required.’’ stamped postcard on which the area, Orlando, FL; and the Orlando following statement is made: Corrective Action Sanford Airport Class D airspace area, ‘‘Comments to Airspace Docket No. 95– (1) If no discrepancy is detected during the Sanford, FL. Specifically, this action AWA–4.’’ The postcard will be date/ inspection required by paragraph (a) of this proposes to modify several subareas time stamped and returned to the AD: Concurrent with the inspection, install a within the lateral boundaries of the commenter. All communications wire ID strap on the left- and right-hand sides existing Orlando Class B airspace area; of each terminal block, and install a warning received on or before the specified and lower the vertical limits of the closing date for comments will be placard on each terminal block, in Orlando Sanford Airport Class D accordance with the applicable service considered before taking action on the bulletin. airspace area. The FAA is proposing this proposed rule. The proposal contained (2) If any discrepancy is detected during action to enhance safety, reduce the in this notice may be changed in light the inspection required by paragraph (a) of potential for midair collision, and of comments received. All comments this AD: Prior to further flight, repair the improve the management of air traffic submitted will be available for discrepancy in accordance with the operations into, out of, and through the procedures specified in Chapter 30 of the examination in the Rules Docket both Orlando terminal area while before and after the closing date for Learjet Airplane Wiring Manual. Concurrent accommodating the concerns of airspace with the repair, install a wire ID strap on the comments. A report summarizing each left- and right-hand sides of each terminal users. substantive public contact with FAA block, and install a warning placard on each DATES: Comments must be received on personnel concerned with this terminal block; in accordance with the or before June 30, 1999. rulemaking will also be filed in the applicable service bulletin. ADDRESSES: Send comments on the docket. Alternative Methods of Compliance proposal in triplicate to the Federal Availability of NPRM’s (b) An alternative method of compliance or Aviation Administration, Office of Chief adjustment of the compliance time that Counsel, Attention: Rules Docket, AGC– An electronic copy of this document provides an acceptable level of safety may be 200, Airspace Docket No. 95–AWA–4, may be downloaded from the FAA used if approved by the Manager, Wichita 800 Independence Avenue, SW., regulations section of the Fedworld Aircraft Certification Office (ACO), FAA, Washington, DC 20591. Comments may electronic bulletin board service Small Airplane Directorate. Operators shall also be sent electronically to the (telephone: 703–321–3339) or the submit their requests through an appropriate following Internet address: 9–NPRM– Government Printing Office’s electronic FAA Principal Maintenance Inspector, who may add comments and then send it to the [email protected]. The official docket may bulletin board service (telephone: 202– Manager, Wichita ACO. be examined in the Rules Docket, Office 512–1661) using a modem and suitable Note 3: Information concerning the of the Chief Counsel, Room 916, 800 communications software. existence of approved alternative methods of Independence Avenue, SW., Internet users may reach the FAA’s compliance with this AD, if any, may be Washington, DC, weekdays, except web page at http://www.faa.gov or the obtained from the Wichita ACO. Federal holidays, between 8:30 a.m. and Government Printing Office’s webpage

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.030 pfrm04 PsN: 17MYP1 26706 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules at http://www.access.gpo.gov/nara for (now known as Class B airspace area) to Executive Airport. The purpose of this access to recently published rulemaking hold at least a private pilot certificate. meeting was to provide local airspace documents. Excepted from this requirement are users an opportunity to present input on Any person may obtain a copy of this student pilots who have received certain the planned modifications to the NPRM by submitting a request to the documented training. Orlando Class B airspace area. Federal Aviation Administration, Office On December 17, 1991, the FAA Additional informal airspace meetings of Air Traffic Airspace Management, published, in the Federal Register, the were held on January 27 and January 28, 800 Independence Avenue, SW., Airspace Reclassification Final Rule (56 1998 (63 FR 71043) at the Orlando Washington, DC 20591, or by calling FR 65638). This rule, in part, Sanford Airport, and the Kissimmee (202) 267–8783. Communications must discontinued the use of the term Municipal Airport respectively, to identify the notice number of this ‘‘Terminal Control Area’’ (TCA) and discuss planned changes, in addition to NPRM. Persons interested in being replaced it with the designation ‘‘Class those presented in 1992. These placed on a mailing list for future B airspace area.’’ This change in additional changes are necessitated in NPRM’s should call the FAA’s Office of terminology is reflected in the part by the growth of airport operations Rulemaking, (202) 267–9677, for a copy remainder of this NPRM. at the Orlando Sanford Airport, FL. All of Advisory Circular No. 11–2A, Notice Background comments received in response to the of Proposed Rulemaking Distribution initial and subsequent informal airspace System, that describes the application The Class B airspace area program meetings, and the ensuing comment procedure. was developed to reduce the potential periods, were considered and/or The coordinates for this airspace for midair collision in the congested incorporated into this notice of docket are based on North American airspace surrounding airports with high proposed rulemaking. Datum 83. Class B and Class D airspace density air traffic operations by In response to initial and subsequent areas are published, respectively, in providing an area wherein all aircraft informal airspace meetings, the FAA paragraphs 3000 and 5000 of FAA Order are subject to certain operating rules and received eleven written comments. 7400.9F, Airspace Designations and equipment requirements. These comments centered around the Reporting Points, dated September 10, The density of traffic and the type of following: airspace configuration; 1998, and effective September 16, 1998, operations being conducted in the equipment requirements; geographical which is incorporated by reference in 14 airspace surrounding these major landmarks; and flyways/corridors. An CFR section 71.1. The Class B and Class terminal areas increase the probability analysis of the comments and the D airspace areas listed in this document of midair collisions. In 1970, an Agency’s response follows. would be subsequently published in extensive study found that the majority this Order. of midair collisions occurred between a Analysis of Comments general aviation (GA) aircraft and an air Airspace Configuration Related Rulemaking Actions carrier or military aircraft, or another On May 21, 1970, the FAA published, GA aircraft. The basic causal factor Several commenters recommended in the Federal Register, the Designation common to these conflicts was the mix that the ceiling of the Orlando Class B of Federal Airways, Controlled of aircraft operating in accordance with airspace area be lowered from the Airspace, and Reporting Points Final visual flight rules (VFR) and aircraft existing 10,000-foot ceiling to 7,000 feet. Rule (35 FR 7782). This rule provided operating under instrument flight rules The FAA does not agree with these for the establishment of Terminal (IFR). Class B airspace areas provide a commenters. A ceiling at 10,000 feet Control Airspace (TCA) areas (now method to manage the increasing supports IFR approach and departure known as Class B airspace areas). number of IFR and VFR operations. The procedures for the Orlando terminal On June 21, 1988, the FAA published, regulatory requirements of Class B area, and provides optimum use of the in the Federal Register, the airspace areas afford the greatest airspace to contain aircraft operations, Transponder with Automatic Altitude protection for the greatest number of and enhance aviation safety. The Reporting Capability Requirement Final people, by giving air traffic control current ceiling of 10,000 feet is required Rule (53 FR 23356). This rule, in part, (ATC) the increased capability to for the separation, segregation, and requires all aircraft to have an altitude provide aircraft separation service. control of aircraft operations, creating a encoding transponder when operating The standard configuration of a Class safer environment in this congested within 30 nautical miles (NM) of any B airspace area contains three terminal area. designated TCA (now known as Class B concentric circles centered on the The Air Line Pilots Association airspace area) primary airport from the primary airport extending to 10, 20, and (ALPA) opposed raising the floors to the surface up to 10,000 feet MSL. This rule 30 NM respectively. The standard north in Area D from 1,600 to 2,100 feet also provides an exclusion for those vertical limit of these airspace areas MSL, and to the south of Orlando aircraft not originally certificated with normally should not exceed 10,000 feet International Airport in Area C, from the an engine-driven electrical system (or mean sea level (MSL) with the floor current designated altitudes of 1,500 to those that have not subsequently been established at the surface in the inner 1,600 feet MSL. ALPA believes that certified with such a system) balloons, area and at levels appropriate to the raising the floors to the north and south or gliders operating outside of the Class containment of operations in the outer of the Class B airspace area would B airspace area, but within 30 NM of the areas. Variations of these criteria may be reduce separation standards between primary airport. utilized contingent on the terrain, IFR and VFR aircraft, and increase On October 14, 1988, the FAA adjacent regulatory airspace, and factors traffic conflicts and pilot deviations at published, in the Federal Register, the unique to the terminal area. critical phases of flight. Terminal Control Area Classification The FAA does not agree with these and Terminal Control Area Pilot and Pre-NPRM Public Input comments. In order to effectively design Navigation Equipment Requirements As announced in the Federal Register a safe and efficient airspace area, the Final Rule (53 FR 40318). This rule, in on July 23, 1992 (57 FR 32834) an FAA examined several factors, part, requires the pilot-in-command of a informal airspace meeting was held on including the required climb gradients civil aircraft operating within a TCA September 23, 1992, at the Orlando for departing aircraft, the standard rate

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.032 pfrm04 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26707 of descent for landing aircraft, and the One commenter stated that Area E, subareas of the proposed Class B requirement for operations to be located east of Orlando International airspace area, and the establishment of contained within the Class B airspace Airport, should be eliminated because it VFR corridors or VFR flyways for the area. Based on this examination, the appears to have little significance. This Orlando terminal area. FAA believes that the floor in Area D commenter also suggested that the The FAA agrees with the concept of could be raised from 1,600 to a newly northwest edge of the inner core, Area these comments. Identifiable and proposed 2,000 feet MSL, and Area C A, would have a negative impact on the prominent landmarks have proven to be from 1,500 to 1,600 feet MSL without approaches to Runway 07/25 at Orlando extremely useful to pilots operating compromising safety. Executive Airport. under VFR, providing assistance with Several recommendations were The FAA disagrees with this identifying the boundaries of a Class B received to raise the floor of Area E comment. Area E, east of Orlando airspace area. During the preliminary north and south of Orlando International Airport, is required to planning for the Class B airspace area International Airport from 3,000 to contain approach procedures, and to design, consideration was given to 6,000 feet MSL. ensure that aircraft remain in the Class utilizing Global Positioning System The FAA does not agree with this B airspace area. Area A has been coordinates, Very High Frequency recommendation. Currently the floor of modified since the 1992 proposal and Omnidirectional Radio Range (VOR) the Class B airspace area is designated the proposed rule only encompass a 5- radials, latitudes and longitudes, as well at 3,000 feet MSL between a 10- to 25- NM circle around the Orlando as geographical landmarks wherever mile radius of the Orlando International International Airport. possible. The FAA will continue to work with airspace users to determine Airport. The designated floor of Area E, Equipment Requirements north and south of the Orlando the feasibility of VFR flyways, and to One commenter recommended International Airport, is required to further identify any additional eliminating the area commonly known allow sufficient airspace for sequencing landmarks to assist GA operators with as the Mode C veil area. identifying the Class B airspace area. arriving and departing aircraft into and The FAA does not agree with this out of the Orlando terminal area. comment. In response to the Department Corridors/Flyways One commenter suggested eliminating of Transportation and Related Agencies Several pilots recommended the the extensions to the Class B airspace Appropriation Bill, 1988 (Pub. L. 100– establishment of an uncontrolled east- area, in the vicinity of the LAMMA and 202) and the Airport and Airway Safety west VFR corridor over Orlando LEESE intersections, and in the vicinity and Capacity Expansion Act of 1987 International Airport. The Experimental of the Lakeland Airport. (Pub. L. 100–223) the FAA published, in Aircraft Association also supported this The FAA agrees with this suggestion. the Federal Register, the Transponder recommendation, and suggested that an Based on current arrival routes and with Automatic Altitude Reporting east-west special flight rules area be altitudes, the FAA is proposing to Capability Requirement Final Rule (53 established. reduce the current Class B airspace area FR 23356; June 21, 1988). This rule, The FAA does not agree with these by removing the extensions northeast, commonly referred to as the ‘‘Mode C recommendations, and believes that the northwest, and southwest of the rule,’’ requires all aircraft to have an establishment of an east-west special Orlando International Airport. altitude encoding transponder when flight rules area, or an uncontrolled VFR Several pilots recommended operating within 30 NM of any corridor would restrict the flow of air removing the Mid-Florida Airport from designated Class B airspace area traffic, and impede operations in the the Class B airspace area, or raising the primary airport from the surface up to Orlando terminal area. Current floor of the airspace between 20–30 NM 10,000 feet MSL. This rule also provides approach procedures place a large northwest of Orlando International an exclusion for those aircraft not volume of the aircraft arriving at the Airport. originally certificated with an engine- Orlando International Airport on the The FAA agrees with this driven electrical system, (or those that east downwind leg of flight while recommendation, and proposes to raise have not subsequently been certified descending to 3,000 feet. The purpose of the floor in Area F over the Mid-Florida with such a system) balloons, or gliders a Class B airspace area is to provide Airport from 3,000 to 6,000 feet MSL. operating outside of the Class B airspace optimum use of the airspace to contain Two commenters recommended a area, but within 30 NM of the primary aircraft operations and enhance aviation higher ceiling for the Class B airspace airport. safety, creating a safer environment in area south of the Orlando Executive The commenter is correct that the congested terminal areas. Establishing a Airport. These commenters are of the proposed airspace area will have a veil VFR corridor in close proximity to opinion that a higher ceiling would area wherein a transponder with aircraft operating in the Orlando Class B provide additional airspace for aircraft altitude encoding capability will be airspace area raises the potential for operating on Runways 13/31 when the required. Section 91.215 of Title 14 of conflict. Orlando Executive Airport tower is the Code of Federal Regulations (CFR) The Proposal closed. sets out requirements for ATC The FAA agrees, in part, with this transponder and altitude reporting The FAA proposes to amend part 71 recommendation. The area south of the equipment and use; however, this of the Federal Aviation Regulations (14 Orlando Executive Airport has been regulation also includes procedures CFR part 71) by modifying the Orlando raised to 900 feet MSL, and the whereby aircraft not equipped with the Class B airspace area, Orlando, FL; and proposed boundary of the 1,600 feet required transponder equipment may the Orlando Sanford Airport Class D MSL floor relocated to the Lake get relief from the stipulated airspace area, Sanford, FL. This Underhill Road. These proposed requirements. proposal (as depicted on the attached changes will allow improved access for chart) would modify several subareas operations to and from Runway 13/31, Landmarks/Fixes within the lateral boundaries of the and will allow Law Enforcement and Several commenters recommended existing Class B airspace area; and Lifeguard helicopter operations below using additional geographical modify the vertical limits of the Orlando the floor of the Class B airspace area. landmarks to define the boundaries or Sanford Airport Class D airspace area.

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The FAA is proposing this action to the Orlando VORTAC 20 DME arc, and The FAA also proposes to modify enhance safety, reduce the potential for between 2 and 13 miles east of the Area F from the power line located midair collision, and to improve the Kissimmee Airport. This proposed approximately 15 miles east of the management of air traffic operations airspace modification would support primary airport, eastward, to the power into, out of, and through the Orlando approach procedures for aircraft line located approximately 22 miles east terminal area. Specifically, the FAA transitioning to the final approach of the primary airport. This proposed proposes the following: course for the Orlando International airspace modification would provide Airport. This modification would also sufficient airspace to contain aircraft in Orlando Class B Airspace Area allow nonparticipating aircraft sufficient a controlled environment when Area A. In the reconfiguration of Area airspace to conduct VFR operations transitioning between the en route and A (that area beginning at the surface up below the vertical limits of the Class B terminal phase of flight. to 10,000 feet MSL), the FAA proposes airspace area while transitioning to/ Orlando Sanford Airport Class D to reduce the size of Area A to a 5-mile from secondary satellite airports. radius of the primary airport, Orlando Area D. The FAA is proposing to Airspace Area International Airport. This proposed modify Area D by raising the floor of the The FAA proposes to lower the airspace modification would contain area 10 miles north of the Orlando Orlando Sanford Airport Class D large turbojet aircraft within the limits International Airport from 1,600 to airspace area from 3,000 to 1,600 feet of the Class B airspace area while 2,000 feet MSL, and the area southwest MSL. The Orlando Sanford Airport operating to and from the primary of the Orlando International Airport Class D airspace area would include a airport. In addition, a portion of Area A from 1,500 to 2,000 feet MSL. This radius of 4.4 NM from the Orlando beyond 5 NM would be removed from proposed area extends between S.R. 423 Sanford Airport up to but not including the surface area and reconfigured as and Kirkman Road, 6 to 9 miles west of 1,600 feet MSL. This proposed airspace Area B. the primary airport, between 2 miles modification coincides with the FAA’s Area B. The FAA proposes to north and 5 miles south of the proposal to lower the floor of the Class reconfigure Area B from a section of the Kissimmee Airport, and between 7 B airspace area in the vicinity of the current surface area, between the 5-mile miles and 11 miles north of the Orlando Orlando Sanford Airport. radius of the primary airport, extending VORTAC. This proposed airspace Regulatory Evaluation Summary west to the John Young Parkway, north modification would provide sufficient to Lake Underhill Road, east to the airspace for sequencing and vectoring Changes to Federal Regulations must Stanton Power Plant, and south to the arriving and departing aircraft in close undergo several economic analyses. Orlando VORTAC 14 Distance proximity to the primary airport. It First, Executive Order 12866 directs that Measuring Equipment (DME), extending would also increase the navigable each Federal agency shall propose or upward from 900 feet MSL. This airspace below the Class B airspace area adopt a regulation only upon a reasoned proposed modification would support in the vicinity of Kissimmee Municipal determination that the benefits of the approach and departure procedures for Airport. intended regulation justify its costs. aircraft transitioning to and from the Area E. The floor of Area E would Second, the Regulatory Flexibility Act Orlando International Airport. Also, this remain at 3,000 feet MSL; however, the requires agencies to analyze the proposed airspace modification would FAA is proposing to expand the lateral economic effect of regulatory changes allow Law Enforcement and Lifeguard limits of Area E to the north and south. on small businesses and other small helicopter operations below the floor of The FAA proposes to extend Area E 3 entities. Third, the Office of the Class B airspace area. miles west of the Wekiva River, and Management and Budget directs Area C. The floor of Area C would between 3 to 6 miles north of the agencies to assess the effect of remain at 1,600 feet MSL north of the Orlando Sanford Airport. This proposed regulatory changes on international Orlando Executive Airport; however, airspace modification would provide trade. In conducting these analyses, the the FAA proposes to modify the lateral sufficient airspace for sequencing and FAA has determined that this proposed limits of Area C to extend north of Lake vectoring aircraft, and ensure that rule: (1) would generate benefits that Underhill Road, south of S.R. 436, east operations are contained within the justify its minimal costs and is not a of S.R. 423 and S.R. 434, and extending Class B airspace area. ‘‘significant regulatory action’’ as 8 miles east of the Orlando Executive The FAA also proposes to extend defined in the Executive Order; (2) is Airport. This proposed airspace Area E between the 20-mile and 30-mile not significant as defined in the modification would support approach arcs south of the primary airport, and Department of Transportation’s procedures for aircraft transitioning to between 7 miles and 15 miles east of the Regulatory Policies and Procedures; (3) the final approach course for the primary airport. This proposed airspace would not have a significant impact on Orlando International Airport. modification would provide sufficient a substantial number of small entities; The FAA also proposes to lower the airspace for sequencing and vectoring (4) would not constitute a barrier to floor of Area C from 3,000 to 1,600 feet aircraft, and would provide a controlled international trade; and (5) would not MSL, extending 3 miles to the north and environment for aircraft arriving and contain any Federal intergovernmental south of the Orlando Sanford Airport, departing the Class B airspace area. or private sector mandate. These east of the Wekiva River, and west of Area F. The FAA proposes to analyses are summarized here in the Lake Harney’s eastern shore. This reconfigure the subareas of the existing preamble, and the full Regulatory proposed airspace modification would Class B airspace areas as Area F, from Evaluation is in the docket. support approach procedures for large 6,000 up to and including 10,000 feet The FAA proposes to modify the turbojet aircraft operations transitioning MSL, extending from 8 miles west of the Orlando Class B and the Orlando to and from the Orlando Sanford primary airport to Highway 27. This Sanford Airport Class D airspace areas. Airport. proposed airspace modification would The Orlando Class B airspace area In addition, the FAA proposes to raise provide sufficient airspace to contain modification would maintain the 10,000 the floor of Area C from 1,500 to 1,600 aircraft in a controlled environment feet mean sea level (MSL) airspace feet MSL, extending south of the when transitioning between the en route ceiling and redefine the lateral limits of Orlando VORTAC 14 DME arc, north of and terminal phase of flight. several of the existing subareas to

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.035 pfrm04 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26709 improve the management of air traffic businesses, not-for-profit organizations by the private sector. Section 204(a) of operations in the Orlando terminal area. and small governmental jurisdictions. the Act, 2 U.S.C. 1534(a), requires the The Orlando Sanford Airport Class D Agencies must perform a review to Federal agency to develop an effective airspace area modification would lower determine whether a proposed or final process to permit timely input by the airspace area from 3,000 to 1,600 rule will have a significant economic elected officers (or their designees) of feet MSL and would include a radius of impact on a substantial number of small State, local, and tribal governments on 4.4 NM from the Orlando Sanford entities. If the determination is that it a proposed ‘‘significant Airport up to but not including 1,600 will, the agency must prepare a intergovernmental mandate.’’ A feet MSL. regulatory flexibility analysis (RFA) as ‘‘significant intergovernmental The FAA has determined that the described in the Act. mandate’’ under the Act is any modification of the Orlando Class B and However, if an agency determines that provision in a Federal agency regulation the Orlando Sanford Airport Class D a proposed or final rule is not expected that would impose an enforceable duty airspace areas would improve the to have a significant economic impact upon State, local, and tribal operational efficiency while on a substantial number of small governments in the aggregate of $100 maintaining aviation safety in the entities, section 605(b) of the 1980 act million (adjusted annually for inflation) terminal area. Also, clearer boundary provides that the head of the agency in any one year. Section 203 of the Act, definition and changes to lateral and may so certify and an RFA is not 2 U.S.C. 1533, which supplements vertical limits of the subareas would required. The certification must include section 204(a), provides that, before leave additional noncontrolled airspace a statement providing the factual basis establishing any regulatory for VFR aircraft transitioning to and for this determination, and the requirements that might significantly or from satellite airports. This proposal reasoning should be clear. uniquely affect small governments, the would impose only negligible costs on The FAA has determined that the agency shall have developed a plan, airspace users and could potentially proposed rule would have a de minimus which, among other things, must reduce circumnavigation costs to some impact on small entities. All provide for notice to potentially affected operators. commercial and general aviation small governments, if any, and for a The proposed rule would result in operators who presently use the meaningful and timely opportunity for negligible additional administrative Orlando International Airport are these small governments to provide costs to the FAA and no additional equipped to operate within the modified input in the development of regulatory operational costs for personnel or Class B airspace area. As for aircraft that proposals. equipment to the agency. Notices would regularly fly through the Orlando This proposed rule does not contain be sent to pilots within a 100-mile Sanford Airport Class D airspace area, any Federal intergovernmental or radius of the Orlando International since the airport is situated within the private sector mandates. Therefore, the Airport at an estimated cost of $2,931.00 established Orlando Mode C Veil, all requirements of Title II of the Unfunded for postage. Printing of aeronautical aircraft should already have the Mandates Reform Act of 1995 do not charts which reflect the changes to the necessary equipment to transition the apply. Class B and Class D airspace areas modified Class B airspace area. would be accomplished during a Therefore, there would be no additional Paperwork Reduction Act scheduled chart printing, and would equipment cost to these entities. In accordance with the Paperwork result in no additional costs for plate Accordingly, pursuant to the Reduction Act of 1995 (44 U.S.C. modification and updating of charts. Regulatory Flexibility Act, 5 U.S.C. 3507(d)) there are no requirements for Furthermore, no staffing changes would 605(b), the Federal Aviation information collection associated with be required to maintain the modified Administration certifies that this rule this notice. Class B and Class D airspace areas. would not have a significant economic List of Subjects in 14 CFR Part 71 Potential increase in FAA operations impact on a substantial number of small workload could be absorbed by current entities. The FAA solicits comments Airspace, Incorporation by reference, personnel and equipment. from affected entities with respect to Navigation (air). In view of the negligible cost of this finding and determination. The Proposed Amendment compliance, enhanced aviation safety, and improved operational efficiency, International Trade Impact Assessment In consideration of the foregoing, the the FAA has determined that the The proposed rule would not Federal Aviation Administration proposed rule would be cost-beneficial. constitute a barrier to international proposes to amend 14 CFR part 71 as trade, including the export of U.S. goods follows: Initial Regulatory Flexibility and services to foreign countries or the Determination PART 71ÐDESIGNATION OF CLASS A, import of foreign goods and services CLASS B, CLASS C, CLASS D, AND The Regulatory Flexibility Act of 1980 into the United States. establishes ‘‘as a principle of regulatory CLASS E AIRSPACE AREAS; issuance that agencies shall endeavor, Unfunded Mandates Assessment AIRWAYS; ROUTES; AND REPORTING consistent with the objective of the rule Title II of the Unfunded Mandates POINTS and of applicable statutes, to fit Reform Act of 1995 (the Act), enacted as 1. The authority citation for 14 CFR regulatory and informational Public Law 104–4 on March 22, 1995, part 71 continues to read as follows: requirements to the scale of the requires each Federal agency, to the Authority: 49 U.S.C. 106(g), 40103, 40113, business, organizations, and extent permitted by law, to prepare a 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– governmental jurisdictions subject to written assessment of the effects of any 1963 Comp., p. 389. regulation.’’ To achieve that principal, Federal mandate in a proposed or final the Act requires agencies to solicit and agency rule that may result in the § 71.1 [Amended] consider flexible regulatory proposals expenditure of $100 million or more 2. The incorporation by reference in and to explain the rational for their (when adjusted annually for inflation) 14 CFR 71.1 of the Federal Aviation actions. The Act covers a wide-range of in any one year by State, local, and Administration Order 7400.9F, Airspace small entities, including small tribal governments in the aggregate, or Designations and Reporting Points,

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.036 pfrm04 PsN: 17MYP1 26710 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules dated September 10, 1998, and effective Also that airspace south of the primary mile radius arc of the ORL VORTAC to long. September 16, 1998, is amended as airport extending upward from 1,600 feet 81°27′30′′ W., thence north to the point of follows: MSL to and including 10,000 feet MSL beginning. beginning at a point of the intersection of Area F—That airspace extending upward Paragraph 3000—Subpart B—Class B ° ′ ′′ long. 81 24 06 W. and the ORL VORTAC 14- from 6,000 feet MSL to and including 10,000 Airspace mile radius arc, thence counterclockwise feet MSL beginning south of the primary * * * * * along the 14-mile radius arc of the ORL VORTAC to the intersection of long. airport at the intersection of the ORL ASO FL B Orlando, FL [Revised] 81°11′00′′ W., thence south to the VORTAC 30-mile radius arc and long. 81°27′30′′ W., thence clockwise to the Orlando International Airport (Primary intersection of the ORL VORTAC 20-mile Airport) radius arc, thence clockwise along the ORL intersection of Highway 27, thence north (Lat. 28°25′44′′ N., long. 81°18′58′′ W.) VORTAC 20-mile radius arc to long. along Highway 27 to the intersection of ° ′ ′′ ° ′ ′′ Orlando VORTAC 81 24 06 W., thence north to the point of Highway 27 and long. 81 45 00 W., thence (Lat. 28°32′34′′ N., long. 81°20′06′′ W.) beginning. north along long. 81°45′00′′ W. to the Area D—That airspace extending upward intersection of the ORL VORTAC 24-mile Boundaries from 2,000 feet MSL to and including 10,000 radius arc, thence clockwise along the 24- Area A—That airspace extending upward feet MSL beginning at a point of the mile radius arc to the intersection of lat. from the surface to and including 10,000 feet intersection of Interstate 4 and long. ° ′ ′′ ° ′ ′′ ° ′ ′′ ° ′ ′′ 28 53 00 N., thence east to lat. 28 53 00 N., MSL within a radius of 5 NM from the 81 27 30 W., thence north to lat. 28 44 00 ° ′ ′′ ° ′ ′′ long. 81 27 30 W., thence south to the point Orlando International Airport. N., thence east to long. 81 11 00 W., thence south to lat. 28°39′20′′ N., thence west to the of beginning. Area B—That airspace extending upward Also that airspace extending upward from from 900 feet MSL to and including 10,000 intersection of S.R. 436 and Hwy 17–92, 6,000 feet MSL to and including 10,000 feet feet MSL beginning at a point of the thence west along S.R. 436 to the intersection of S.R. 436 and S.R. 434, thence south along MSL beginning at the Florida Power intersection of State Road (S.R.) 423 (John ° ′ ′′ Young Parkway) and Interstate 4, thence S.R. 434 to the intersection of S.R. 434 and transmission lines at lat. 28 44 00 N., long. ° ′ ′′ ° ′ ′′ northeast along Interstate 4 to the S.R. 424, thence direct to the intersection of 81 05 20 W., thence east along lat. 28 44 00 intersection of Interstate 4 and S.R. 441 S.R. 423 and S.R. 441, thence south along N. to the Florida Power transmission lines at (Orange Blossom Trail), thence direct to the S.R. 423 to the intersection of the ORL lat. 28°44′00′′ N., long. 81°55′40′′ W., thence VORTAC 14-mile radius arc, thence intersection of Lake Underhill Road and southeast and south along these power lines counterclockwise along the 14-mile radius Palmer Street, thence east along Lake to the intersection of Highway 50, thence arc of the ORL VORTAC to long. 81°24′06′′ Underhill Road to the intersection of Lake south to the power lines at lat. 28°22′14′′ N., W. thence south to the intersection of the Underhill Road and the Central Florida ° ′ ′′ ORL VORTAC 20-mile radius arc, thence long. 80 52 30 W., thence southwest along Greenway, thence direct to lat. 28°30′00′′ N., clockwise to the intersection of long. these power lines to the intersection of long. long. 8°11′00′′ W., (one mile northwest of the ° ′ ′° 81°27′30′′ W., thence north to the point of 81 04 40 W., thence north along long. Stanton Power Plant), thence south to the beginning. 81°04′40′′ W., to the intersection of the Bee intersection of the ORL VORTAC 14-mile Area E—That airspace extending upward Line Expressway at lat. 28°27′05′′ N., long. radius arc, thence clockwise along the 14- from 3,000 feet MSL to and including 10,000 81°04′40′′ W., thence east along the Bee Line mile radius arc of the ORL VORTAC to the feet MSL beginning at a point of the Expressway to lat. 28°27′00′′ N., long. intersection of S.R. 423, thence north along intersection of lat. 28°44′00′′ N., long. 81°03′45′′ W., thence north to the S.R. 423 to the point of beginning. ° ′ ′′ 81 27 30 W., thence north to the intersection of Highway 50 and the Florida Area C—That airspace extending upward ° ′ ′′ intersection of lat. 28 53 00 N., thence east Power transmission lines at lat. 28°32′10′′ N., from 1,600 feet MSL to and including 10,000 to the intersection of the MCO Mode C Veil long. 81°03′45′′ W., thence north along these feet MSL beginning at a point of the 30-NM radius arc, thence southeast along this intersection of the Wekiva River at lat. arc to the intersection of the power lines at power lines to the point of beginning. ° ′ ′′ ° ′ ′′ 28 44 00 N., long. 81 25 30 W., thence lat. 28°50′20′′ N., thence southeast along * * * * * north along the Wekiva River to the these power lines to lat. 28°44′00′′ N., thence ° ′ ′′ intersection of lat. 28 50 00 N. Thence east west to long. 81°02′30′′ W., thence north to Paragraph 5000—Subpart D—Class D ° ′ ′′ ° ′′ ′′ to lat. 28 50 00 N., long. 81 02 30 W., lat. 28°50′00′′ N., thence west to the Airspace thence south to the intersection of lat. intersection of the Wekiva River, thence * * * * * ° ′ ′′ ° ′ ′′ 28 44 00 N., long. 81 02 30 W., thence west south along the Wekiva River to lat. to the point of beginning. 28°44′00′′ N., thence west to the point of ASO FL D Sanford, FL [Revised] Also that airspace north of the Orlando beginning. Orlando Sanford Airport, FL [formerly Executive Airport extending upward from Also that airspace extending upward from known as the Central Florida Regional 1,600 feet MSL to and including 10,000 feet 3,000 feet MSL to and including 10,000 feet Airport] MSL beginning at a point of the intersection MSL beginning south of the primary airport (Lat. 28°46′44′′ N., long. 81°14′18′′ W.) of Interstate 4 and S.R. 423. Thence north at a point of the intersection of long. That airspace extending upward from the along S.R. 423 to the intersection of S.R. 423 81°27′30′′ W. and the ORL 20-mile radius arc, surface to but not including 1,600 feet MSL and S.R. 441 (Orange Blossom Trail). Thence thence counterclockwise along the 20-mile direct to the intersection of S.R. 434 (Forest radius arc of the ORL VORTAC to the within a 4.4-mile radius of the Orlando City Road) and S.R. 424 (Edgewater Drive), intersection of long. 81°11′00′′ W., thence Sanford Airport. This Class D airspace area thence north along S.R. 434 to the north to the intersection of lat. 28°44′00′′ N., is effective during the specific dates and intersection of S.R. 436 (Altamonte Drive.), thence east to the intersection of the Florida times established in advance by a Notice to thence east along S.R. 436 to the intersection Power transmission lines at lat. 28°44′00′′ N., Airmen. The effective date and time will of Hwy 17–92, thence east along lat. long. 81°05′20′′ W., (one half mile west of thereafter be continuously published in the ° ′ ′′ ° ′ ′′ 28 39 20 N., to long. 81 11 00 W. Thence Southerland Airport), thence south along this Airport/Facility Directory. south to the intersection of lat. 28°30′00′′ N., power line to the intersection of Highway 50 thence northwest direct to the intersection of at lat. 28°32′10′′ N., long. 81°03′45′′ W., * * * * * Lake Underhill Road and S.R. 417 (Central thence south to the Bee Line Expressway, at Issued in Washington, DC, on May 11, Florida Greenway), thence west along Lake lat. 28°27′05′′ N., long. 81°03′45′′ W., thence 1999. Underhill Road to the intersection of Palmer west along the Bee Line Expressway to the Reginald C. Matthews, Street. Thence southwest direct to the intersection of lat. 28°27′00′′ N., long. ° ′ ′′ Acting Program Director for Air Traffic intersection of Interstate 4 and the S.R. 441, 81 04 40 W., thence south to the Airspace Management. thence southwest along Interstate 4 to the intersection of the ORL VORTAC 30-mile point of beginning. radius arc, thence clockwise along the 30- BILLING CODE 4910±13±P

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Appendix—Proposed Orlando Class B Airspace

[FR Doc. 99–12360 Filed 5–14–99; 8:45 am] BILLING CODE 4910±13±C

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DEPARTMENT OF TRANSPORTATION environmental, and energy-related reference in 14 CFR 71.1. The Class E aspects of the proposal. airspace designation listed in this Federal Aviation Administration Communications should identify the document would be published airspace docket number and be subsequently in the Order. 14 CFR Part 71 submitted in triplicate to the address The FAA has determined that this [Airspace Docket No. 99±AGL±31] listed above. Commenters wishing the proposed regulation only involves an FAA to acknowledge receipt of their established body of technical Proposed Modification of Class E comments on this notice must submit regulations for which frequent and Airspace; Sheridan, IN with those comments a self-addressed, routine amendments are necessary to stamped postcard on which the keep them operationally current. AGENCY: Federal Aviation following statement is made: Therefore this, proposed regulation—(1) Administration (FAA), DOT. ‘‘Comments to Airspace Docket No. 99– is not a ‘‘significant regulatory action’’ ACTION: Notice of proposed rulemaking. AGL–31.’’ The postcard will be date/ under Executive Order 12866; (2) is not time stamped and returned to the a ‘‘significant rule’’ under DOT SUMMARY: This notice proposes to commenter. All communications Regulatory Policies and Procedures (44 modify Class E airspace at Sheridan, IN. received on or before the specified FR 11034; February 26, 1979); and (3) A Global Positioning System (GPS) closing date for comments will be does not warrant preparation of a Standard Instrument Approach considered before taking action on the Regulatory Evaluation as the anticipated Procedure (SIAP) to Runway (Rwy) 05, proposed rule. The proposal contained impact is so minimal. Since this is a and a GPS SIAP to Rwy 23, have been in this notice may be changed in light routine matter that will only affect air developed for Sheridan Airport. of comments received. All comments traffic procedures and air navigation, it Controlled airspace extending upward submitted will be available for is certified that this proposed rule will from 700 to 1200 feet above ground examination in the Rules Docket, FAA, not have a significant economic impact level (AGL) is needed to contain aircraft Great Lakes Region, Office of the on a substantial number of small entities executing the approaches. This action Assistant Chief Counsel, 2300 East under the criteria of the Regulatory proposes to increase the radius of the Devon Avenue, Des Plaines, Illinois, Flexibility Act. existing controlled airspace for this both before and after the closing date for airport. comments. A report summarizing each List of Subjects in 14 CFR Part 71 DATES: Comments must be received on substantive public contact with FAA Airspace, Incorporation by reference, or before June 30, 1999. personnel concerned with this Navigation (air). ADDRESSES: Send comments on the rulemaking will be filed in the docket. The Proposed Amendment proposal in triplicate to: Federal Availability of NPRM’s Aviation Administration, Office of the Accordingly, pursuant to the Assistant Chief Counsel, AGL–7, Rules Any person may obtain a copy of this authority delegated to me, the Federal Docket No. 99–AGL–31, 2300 East Notice of Proposed Rulemaking (NPRM) Aviation Administration proposes to Devon Avenue, Des Plaines, Illinois by submitting a request to the Federal amend 14 CFR part 71 as follows: 60018. Aviation Administration, Office of The official docket may be examined Public Affairs, Attention: Public Inquiry PART 71ÐDESIGNATION OF CLASS A, Center, APA–230, 800 Independence in the Office of the Assistant Chief CLASS B, CLASS C, CLASS D, AND Avenue, SW, Washington, DC 20591, or Counsel, Federal Aviation CLASS E AIRSPACE AREAS; by calling (202) 267–3484. Administration, 2300 East Devon AIRWAYS; ROUTES; AND REPORTING Communications must identify the Avenue, Des Plaines, Illinois. An POINTS notice number of this NPRM. Persons informal docket may also be examined interested in being placed on a mailing 1. The authority citation for part 71 during normal business hours at the Air list for future NPRM’s should also continues to read as follows: Traffic Division, Airspace Branch, request a copy of Advisory Circular No. Federal Aviation Administration, 2300 Authority: 49 U.S.C. 106(g), 40103, 40113, 11–2A, which describes the application East Devon Avenue, Des Plaines, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– procedures. 1963 Comp., p. 389. Illinois. FOR FURTHER INFORMATION CONTACT: The Proposal § 71.1 [Amended] Michelle M. Behm, Air Traffic Division, The FAA is considering an 2. The incorporation by reference in Airspace Branch, AGL–520, Federal amendment to 14 CFR part 71 to modify 14 CFR 71.1 of the Federal Aviation Aviation Administration, 2300 East Class E airspace at Sheridan, IN, to Administration Order 7400.9F, Airspace Devon Avenue, Des Plaines, Illinois accommodate aircraft executing the Designations and Reporting Points, 60018, telephone (847) 294–7568. proposed GPS Rwy 05 SIAP, and the dated September 10, 1998, and effective SUPPLEMENTARY INFORMATION: GPS Rwy 23 SIAP, at Sheridan Airport September 16, 1998, is amended as by modifying the existing controlled follows: Comments Invited airspace. Controlled airspace extending * * * * * Interested parties are invited to upward from 700 to 1200 feet AGL is participate in this proposed rulemaking needed to contain aircraft executing the Paragraph 6005 Class E airspace areas extending upward from 700 feet or more by submitting such written data, views, approaches. The area would be depicted above the surface of the earth. or arguments as they may desire. on appropriate aeronautical charts. Comments that provide the factual basis Class E airspace designations for * * * * & supporting the views and suggestions airspace areas extending upward from AGL IN E5 Sheridan, IN [Revised] presented are particularly helpful in 700 feet or more above the surface of the Sheridan Airport, IN developing reasoned regulatory earth are published in paragraph 6005 of (Lat. 40°10′41′′ N., long. 86°13′02′′ W.) decisions on the proposal. Comments FAA Order 7400.9F dated September That airspace extending upward from 700 are specifically invited on the overall 10, 1998, and effective September 16, feet above the surface within a 6.7-mile regulatory, aeronautical, economic, 1998, which is incorporated by radius of the Sheridan Airport, excluding

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.040 pfrm04 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26713 that airspace within the Indianapolis Terry interests and government agencies The EPA will use these documents to Airport, IN, Class E airspace area. appointed by the Secretary of Labor. evaluate waste characterization systems * * * * * The Committee is still considering an and processes at LANL that primarily Issued in Des Plaines, Illinois on April 27, issue that was a part of its original utilize a High Efficiency Neutron 1999. mandate involving the standards Counter (HENC) and other methods of Christopher R. Blum, governing slippery metal deck surfaces. solid coring and sampling to measure Manager, Air Traffic Division. The Committee will seek information, important waste characteristics. In [FR Doc. 99–12276 Filed 5–14–99; 8:45 am] data, studies, and views from the public accordance with EPA’s WIPP BILLING CODE 4910±13±M to assist in developing a Compliance Criteria at 40 CFR 194.8, recommendation on this issue. EPA will conduct an inspection of waste Meetings of this committee will be characterization systems and processes announced in the Federal Register and DEPARTMENT OF LABOR at LANL the week of June 14, 1999, to are open to the public. verify that the proposed systems and Interested parties are invited to Occupational Safety and Health processes at LANL can characterize submit comments, in quadruplicate, Administration transuranic waste at issue properly, regarding the re-establishment of the consistent with the Compliance Criteria. 29 CFR Part 1926 committee to the Docket Officer, Docket This notice of the inspection and S–775, U.S. Department of Labor, comment period accords with 40 CFR [Docket No. S±775] Occupational Safety and Health 194.8. Administration, Room N2624, 200 RIN 1218±AA65 DATES: The EPA is requesting public Constitution Avenue, NW, Washington, comment on these documents as they Steel Erection Negotiated Rulemaking DC 20210; (202) 219–7894. apply to the scope of the inspection Committee; Re-establishment Signed at Washington, DC this 29th day of announced in this notice. Comments April, 1999. must be received by EPA’s official Air AGENCY: Occupational Safety and Health Alexis M. Herman, Docket on or before June 16, 1999. Administration (OSHA), Department of Secretary of Labor. ADDRESSES: Labor. Comments should be [FR Doc. 99–12293 Filed 5–14–99; 8:45 am] submitted to: Docket No. A–98–49, Air ACTION: Re-establishment of the Steel BILLING CODE 4510±26±P Docket, Room M–1500 (LE–131), U.S. Erection Negotiated Rulemaking Environmental Protection Agency, 401 Advisory Committee. M Street, SW, Washington, DC, 20460. The DOE documents ‘‘Los Alamos SUMMARY: The Secretary of Labor has ENVIRONMENTAL PROTECTION determined that it is in the public AGENCY National Laboratory Transuranic Waste interest to re-establish the Steel Erection Quality Assurance Project Plan, Negotiated Rulemaking Advisory 40 CFR Part 194 Revision 2, April 26, 1999’’ and ‘‘Los Alamos National Laboratory Committee (SENRAC) so that the [FRL±6344±8] Committee can complete its charge to Transuranic Waste Certification Plan, RIN 2060±AG85 make recommendations to OSHA on a Revision 2, April 26, 1999’’ are available proposed rule for steel erection for review in the official EPA Air Docket Waste Characterization Program in Washington, D.C., Docket No. A–98– activities in construction. The re- Documents Applicable to Transuranic establishment of the charter will allow 49, Category II–A–2, and at the Radioactive Waste at the Los Alamos following three EPA WIPP informational SENRAC to continue its work for a National Laboratory Proposed for period of two years or until the docket locations in New Mexico: in Disposal at the Waste Isolation Pilot Carlsbad at the Municipal Library, promulgation of the final standard, Plant whichever occurs first. Hours: Monday–Thursday, 10 am–9 pm, AGENCY: Environmental Protection Friday–Saturday, 10 am–6 pm, and DATES: The Charter will be filed on June Sunday, 1 pm–5 pm; in Albuquerque at 1, 1999. Agency. ACTION: Notice of availability; opening the Government Publications FOR FURTHER INFORMATION CONTACT: Ms. of public comment period. Department, Zimmerman Library, Bonnie Friedman, Director, Office of University of New Mexico, Hours: Information and Consumer Affairs, SUMMARY: The Environmental Protection Monday–Thursday, 8 am–9 pm, Friday, OSHA, U.S. Department of Labor, Room Agency (EPA) is announcing the 8 am–5 pm, Saturday–Sunday, 1 pm–5 N–3647, 200 Constitution Avenue, NW, availability of, and soliciting public pm; and in Santa Fe at the Fogelson Washington, DC 20210; telephone (202) comments for 30 days on, Department of Library, College of Santa Fe, Hours: 693–1999. Energy (DOE) documents on waste Monday–Thursday, 8 am–12 pm, SUPPLEMENTARY INFORMATION: In characterization programs applicable to Friday, 8 am–5 pm, Saturday, 9 am–5 accordance with the Federal Advisory certain transuranic (TRU) radioactive pm, and Sunday, 1 pm–9 pm. Committee Act (5 U.S.C. App. I) and the waste at the Los Alamos National Copies of items in the docket may be Negotiated Rulemaking Act, 5 U.S.C. Laboratory (LANL) proposed for requested by writing Docket A–98–49 at 561 et seq., the Secretary of Labor has disposal at the Waste Isolation Pilot the address provided above, or by determined that the re-establishment of Plant (WIPP). The documents are: ‘‘Los calling (202) 260–7548. As provided in SENRAC is in the public interest, to Alamos National Laboratory EPA’s regulations at 40 CFR part 2, and assist in the development of workplace Transuranic Waste Quality Assurance in accordance with normal EPA docket standards under the Occupational Project Plan, Revision 2, April 26, 1999’’ procedures, a reasonable fee may be Safety and Health Act (29 U.S.C. 651 et and ‘‘Los Alamos National Laboratory charged for photocopying. seq.). Transuranic Waste Certification Plan, FOR FURTHER INFORMATION CONTACT: Jim SENRAC is composed of 20 members Revision 2, April 26, 1999’’. These Oliver, Office of Radiation and Indoor including representatives from labor, documents are available for review in Air, (202) 564–9310, or call EPA’s 24- industry, small business, public the public dockets listed in ADDRESSES. hour, toll-free WIPP Information Line,

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1–800–331–WIPP, or visit our website at and A–93–02, respectively, and is at EPA Headquarters at Waterside Mall, http://www.epa.gov/radiation/wipp/ available for review in Washington, Room EB–57, 401 M. St. SW, announce.html. D.C., and at the three EPA WIPP Washington, DC 20460. For access to the SUPPLEMENTARY INFORMATION: General informational docket locations in New docket materials, call (202) 260–3027 background for this document is Mexico. The dockets in New Mexico between 9:00 a.m. and 3:30 p.m. for an identical to that provided in previous contain only major items from the appointment. A reasonable fee may be Federal Register documents. (See 64 FR official Air Docket in Washington, D.C., charged for copying. 18870, 64 FR 14418) plus those documents added to the FOR FURTHER INFORMATION CONTACT: Ms. EPA inspected certain waste official Air Docket after the October Samantha Hopkins at (202) 260–7149 or characterization processes at LANL 1992 enactment of the WIPP LWA. at the following e-mail address: prior to certification of the WIPP. DOE Dated: May 12, 1999. [email protected]. is proposing to use processes that EPA Robert D. Brenner, SUPPLEMENTARY INFORMATION: On did not previously inspect at LANL that Acting Assistant Administrator for Air and February 6, 1998 EPA proposed effluent use the High Efficiency Neutron Counter Radiation. limitations guidelines and pretreatment (HENC) or solid coring and sampling as [FR Doc. 99–12459 Filed 5–14–99; 8:45 am] standards (63 FR 6391) for the Industrial primary methods for measuring BILLING CODE 6560±50±P Waste Combustor (IWC) Subcategory. important waste characteristics. The comment period closed on May 7, The LANL documents submitted to 1998. These comments may be reviewed EPA are: ‘‘Los Alamos National ENVIRONMENTAL PROTECTION in the Water Docket at EPA Laboratory Transuranic Waste Quality AGENCY Headquarters (see address above). Assurance Project Plan, Revision 2, In early 1999, subsequent to the close April 26, 1999’’ and ‘‘Los Alamos 40 CFR Part 444 of the comment period, EPA received National Laboratory Transuranic Waste [FRL±6343±5] wastewater treatment performance data Certification Plan, Revision 2, April 26, from three IWC facilities. The new data 1999’’. The ‘‘Los Alamos National Notice of Availability; Effluent are now available for review in the Laboratory Transuranic Waste Quality Limitations Guidelines and Water Docket in Section 16.4 of the Assurance Project Plan, Revision 2, Pretreatment Standards for the record for this rulemaking. EPA is April 26, 1999 ‘‘ sets forth the quality Industrial Waste Combustors evaluating the new data for its assurance program applied to TRU Subcategory of the Waste Combustors usefulness in establishing final effluent waste characterization at LANL. The Point Source Category limitations and standards. The Agency ‘‘Los Alamos National Laboratory invites comment on the new data, Transuranic Waste Certification Plan, AGENCY: Environmental Protection which are summarized below. Revision 2, April 26, 1999’’ sets forth Agency (EPA). The three facilities provided data to the waste characterization procedures ACTION: Data availability related to EPA for their wastewater treatment for TRU wastes at LANL. After EPA proposed rule. system performance. How EPA used reviews these documents, EPA will such performance data when it conduct an inspection of LANL the SUMMARY: On February 6, 1998 EPA developed the proposed effluent week of June 14, 1999, to determine proposed effluent limitations guidelines limitations guidelines and standards is whether the requirements set forth in and pretreatment standards for the described in Section 8 of the these documents are being adequately Industrial Waste Combustor (IWC) Development Document for Proposed implemented in accordance with Subcategory of the Waste Combustors Effluent Limitations Guidelines and Condition 3 of the EPA’s WIPP Point Source Category to limit effluent Standards for Industrial Waste certification decision (Appendix A to 40 discharges to waters of the United States Combustors (EPA 821–B–97–011) and in CFR part 194). In accordance with and the introduction of pollutants into Section 7 of the record for this § 194.8 of the WIPP compliance criteria, publicly owned treatment works (63 FR rulemaking. EPA is providing the public 30 days to 6391). The comment period for the Each of the three IWCs submitted comment on the documents placed in proposal closed on May 7, 1998. influent and effluent wastewater EPA’s docket relevant to the site Today, EPA is making available for treatment system performance data and approval process. public review and comment new data related information on the operation of If EPA determines that the provisions on wastewater treatment system the treatment systems. Each facility in the documents are adequately performance at IWC facilities. EPA is submitted daily measurements for implemented, EPA will notify the DOE considering using these data to derive chlorides, total dissolved solids, total by letter and place the letter in the final effluent limitations and suspended solids, sulfate, pH, and 15 official Air Docket in Washington, D.C., pretreatment standards for the IWC metals (aluminum, antimony, arsenic, and in the informational docket Subcategory. cadmium, chromium, copper, iron, lead, locations in New Mexico. A positive EPA is soliciting comments only on mercury, molybdenum, selenium, silver, approval letter will allow DOE to ship the new information and data being tin, titanium and zinc). additional TRU waste from LANL. The made available today. One facility provided 11 days of EPA will not make a determination of DATES: Submit an original and three influent and effluent sampling data from compliance prior to the inspection or copies of your comments on or before its wastewater treatment system. Its before the 30-day comment period has June 16, 1999. system consists of two stages of closed. ADDRESSES: Submit comments to Ms. chemical precipitation (with each stage Information on the EPA’s radioactive Samantha Hopkins at the following followed by solid-liquid separation) waste disposal standards (40 CFR part address: US EPA, Engineering and followed by sand filtration as the final 191), the compliance criteria (40 CFR Analysis Division (4303), 401 M. St. treatment step. This facility also part 194), and the EPA’s certification SW, Washington, DC 20460. provided six days of influent and decision is filed in the official EPA Air The data being made available today effluent sampling data with ‘‘spiked’’ Docket, Dockets No. R–89–01, A–92–56, may be found in the EPA Water Docket influent levels of cadmium, chromium,

VerDate 06-MAY-99 15:55 May 14, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\17MYP1.XXX pfrm03 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26715 copper, lead, and zinc. The facility publication of this proposed rule in a Regulatory Flexibility Act artificially increased the influent newspaper of local circulation in each concentrations of these five metals to community. The Associate Director for Mitigation certifies that this proposed rule is simulate periodic peak raw waste ADDRESSES: The proposed base flood exempt from the requirements of the conditions. elevations for each community are Regulatory Flexibility Act because The second facility provided 30 days available for inspection at the office of proposed or modified base flood of influent and effluent sampling data the Chief Executive Officer of each elevations are required by the Flood from its wastewater treatment system. community. The respective addresses Disaster Protection Act of 1973, 42 This system consists of two stages of are listed in the following table. U.S.C. 4104, and are required to chemical precipitation (with each stage FOR FURTHER INFORMATION CONTACT: establish and maintain community followed by solid-liquid separation). Matthew B. Miller, P.E., Chief, Hazards The third facility provided 30 days of eligibility in the NFIP. No regulatory Study Branch, Mitigation Directorate, flexibility analysis has been prepared. influent and effluent sampling data from Federal Emergency Management its wastewater treatment system. Its Agency, 500 C Street SW., Washington, Regulatory Classification system consists of two stages of DC 20472, (202) 646–3461, or (e-mail) chemical precipitation (with each stage matt.miller @ fema.gov. This proposed rule is not a significant regulatory action under the criteria of followed by solid-liquid separation). SUPPLEMENTARY INFORMATION: The Section 3(f) of Executive Order 12866 of Dated: May 7, 1999. Federal Emergency Management Agency September 30, 1993, Regulatory J. Charles Fox, proposes to make determinations of base Planning and Review, 58 FR 51735. Assistant Administrator for Water. flood elevations and modified base [FR Doc. 99–12368 Filed 5–14–99; 8:45 am] flood elevations for each community Executive Order 12612, Federalism BILLING CODE 6560±50±P listed below, in accordance with Section 110 of the Flood Disaster Protection Act This proposed rule involves no of 1973, 42 U.S.C. 4104, and 44 CFR policies that have federalism 67.4(a). implications under Executive Order FEDERAL EMERGENCY 12612, Federalism, dated October 26, MANAGEMENT AGENCY These proposed base flood and modified base flood elevations, together 1987. 44 CFR Part 67 with the floodplain management criteria Executive Order 12778, Civil Justice required by 44 CFR 60.3, are the Reform [Docket No. FEMA±7286] minimum that are required. They should not be construed to mean that This proposed rule meets the Proposed Flood Elevation applicable standards of Section 2(b)(2) Determinations the community must change any existing ordinances that are more of Executive Order 12778. AGENCY: Federal Emergency stringent in their floodplain List of Subjects in 44 CFR Part 67 Management Agency (FEMA). management requirements. The ACTION: Proposed rule. community may at any time enact Administrative practice and stricter requirements of its own, or procedure, Flood insurance, Reporting SUMMARY: Technical information or pursuant to policies established by other and recordkeeping requirements. comments are requested on the Federal, State, or regional entities. Accordingly, 44 CFR part 67 is proposed base (1% annual chance) flood These proposed elevations are used to proposed to be amended as follows: elevations and proposed base flood meet the floodplain management elevation modifications for the requirements of the NFIP and are also PART 67Ð[AMENDED] communities listed below. The base used to calculate the appropriate flood flood elevations and modified base insurance premium rates for new 1. The authority citation for part 67 flood elevations are the basis for the buildings built after these elevations are continues to read as follows: floodplain management measures that made final, and for the contents in these Authority: 42 U.S.C. 4001 et seq.; the community is required either to buildings. Reorganization Plan No. 3 of 1978, 3 CFR, adopt or to show evidence of being 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, already in effect in order to qualify or National Environmental Policy Act 3 CFR, 1979 Comp., p. 376. remain qualified for participation in the This proposed rule is categorically National Flood Insurance Program excluded from the requirements of 44 § 67.4 [Amended] (NFIP). CFR Part 10, Environmental 2. The tables published under the DATES: The comment period is ninety Consideration. No environmental authority of § 67.4 are proposed to be (90) days following the second impact assessment has been prepared. amended as follows:

#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Colorado ...... El Paso County Calhan Main Channel ...... Approximately 40 feet downstream of None *6,485 and Incorporated McClasky Road. Areas. Approximately 3,740 feet upstream of None *6,548 Eighth Street. Calhan East Tributary ...... At confluence of Calhan Main Channel .... None *6,525 Approximately 3,140 feet upstream of None *6,565 confluence of Calhan Main Channel.

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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Calhan Fairground Tribu- Approximately 550 feet downstream of None *6,533 tary Denver Street. Approximately 810 feet upstream of Boul- None *6,561 der Street. Maps are available for inspection at the Regional Building, 101 West Costilla Avenue, Colorado Springs, Colorado. Send comments to The Honorable Chuck Brown, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903. Maps are available for inspection at the Town of Calhan Town Hall, 556 Colorado Avenue, Calhan, Colorado. Send comments to The Honorable Albert Kobilan, Mayor, Town of Calhan, P.O. Box 236, Calhan, Colorado 80808±0236.

Missouri ...... Bull Creek (Village) Bull Creek ...... Approximately 4,100 feet downstream of None *725 Taney County. State Highway F. Approximately 450 feet downstream of None *728 State Highway F. Maps are available for inspection at the Village of Bull Creek Village Hall, 1886 State Highway F, Bull Creek, Missouri. Send comments to The Honorable Al Skeen, Mayor, Village of Bull Creek, 1886 State Highway F, Bull Creek, Missouri 65616.

Missouri ...... Clark County (Unin- Mississippi River ...... At County boundary 13,000 feet down- None *496 corporated stream of confluence of Fox River. Areas). At confluence of Des Moines River and None *500 County boundary. Maps are available for inspection at the Clark County Courthouse, 111 East Cort Street, Kohoka, Missouri. Send comments to The Honorable Eddie Brewer, Presiding Commissioner, Clark County, County Courthouse, 111 East Cort Street, Kohoka, Missouri 63445.

Missouri ...... Hollister (City) Turkey Creek ...... At confluence with White River ...... *716 *716 Taney County. Approximately 2,200 feet upstream of the None *748 Wastewater Treatment Plant Road, at corporate limits. White River ...... At confluence of Coon Creek ...... *715 *715 Approximately 1,050 feet (0.2 mile) up- None *718 stream of U.S. Highway 65. Maps are available for inspection at the City of Hollister City Hall, 294 Esplanade Street, Hollister, Missouri. Send comments to The Honorable David Tate, Mayor, City of Hollister, P.O. Box 638, Hollister, Missouri 65673.

North Dakota ...... McHenry County Mouse River ...... Approximately 530 feet downstream from None *1,426 and Incorporated Dam 326. Areas. Approximately 260 feet downstream from None *1,520 Schilling Bridge. Maps are available for inspection at the McHenry County Auditor's Office, 407 South Main, Towner, North Dakota. Send comments to The Honorable Scott Mueller, Chairman, Board of McHenry County Commissioners, P.O. Box 147, Towner, North Dakota 58788. Maps are available for inspection at 101 First Street West, Velva, North Dakota. Send comments to The Honorable Loren Hammer, President, P.O. Box 475, Velva, North Dakota 58790. Maps are available for inspection at 4725 19th Avenue North, Velva, North Dakota. Send comments to The Honorable John Thomas, Chairman, Township of Velva, 4725 19th Avenue North, Velva, North Dakota 58790. Maps are available for inspection at 570 82nd Street Northeast, Willow City, North Dakota. Send comments to The Honorable Kenneth Klebe, Chairman, Township of Willow Creek, 570 82nd Street Northeast, Willow City, North Da- kota 58384. Maps are available for inspection at 750 61st Street Northeast, Towner, North Dakota. Send comments to The Honorable David Haman, Chairman, Township of Newport, 750 61st Street Northeast, Towner, North Dakota 58788. Maps are available for inspection at 5045 First Avenue Northwest, Karlsruhe, North Dakota. Send comments to The Honorable Leo Heilman, Chairman, Township of Villard, 225 50th Street Northeast, Karlsruhe, North Dakota 58744. Maps are available for inspection at 1326 47th Street North, Velva, North Dakota. Send comments to The Honorable Donald Howe, Chairman, Township of Lebanon, 1326 47th Street North, Velva, North Dakota 58790.

North Dakota ...... McKinney (Town- Mouse River ...... Approximately 3,375 feet (.64 mile) down- None *1,601 ship) Renville stream of Dam 41. County. Approximately 1,265 feet (.24 mile) up- None *1,607 stream of Swenson Bridge.

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#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Maps are available for inspection at City Hall, Main Street, Tolley, North Dakota. Send comments to The Honorable Kenneth Johnson, Chairman, Township of McKinney, P.O. Box 97, Tolley, North Dakota 58787.

(Catalog of Federal Domestic Assistance No. normal business hours in the FCC’s DATES: Comments must be filed on or 83.100, ‘‘Flood Insurance.’’) Information Center (Room CY–A257), before June 28, 1999, and reply Dated: May 6, 1999. 445 Twelfth Street, SW., Washington, comments on or before July 13, 1999. Michael J. Armstrong, DC. The complete text of this decision ADDRESSES: Secretary, Federal Associate Director for Mitigation. may also be purchased from the Communications Commission, [FR Doc. 99–12348 Filed 5–14–99; 8:45 am] Commission’s copy contractor, Washington, DC 20554. In addition to International Transcription Service, BILLING CODE 6718±04±P filing comments with the FCC, Inc., 1231 20th Street, NW., interested parties should serve the Washington, DC 20036, (202) 857–3800. petitioner, as follows: Mountain West FEDERAL COMMUNICATIONS Provisions of the Regulatory Broadcasting, c/o Victor A. Michael, Jr., COMMISSION Flexibility Act of 1980 do not apply to President, 6807 Foxglove Drive, this proceeding. Cheyenne, Wyoming 82009. 47 CFR Part 73 Members of the public should note that from the time a Notice of Proposed FOR FURTHER INFORMATION CONTACT: [MM Docket No. 99±147; RM±9555] Rule Making is issued until the matter Nancy Joyner, Mass Media Bureau, (202) 418–2180. Radio Broadcasting Services; is no longer subject to Commission Congress, AZ consideration or court review, all ex SUPPLEMENTARY INFORMATION: This is a parte contacts are prohibited in synopsis of the Commission’s Notice of AGENCY: Federal Communications Commission proceedings, such as this Proposed Rule Making, MM Docket No. Commission. one, which involve channel allotments. 99–152, adopted April 28, 1999, and ACTION: Proposed rule. See 47 CFR 1.1204(b) for rules released May 7, 1999. The full text of governing permissible ex parte contacts. this Commission decision is available SUMMARY: This document requests For information regarding proper for inspection and copying during comments on a petition for rule making filing procedures for comments, See 47 normal business hours in the FCC’s filed on behalf of Mountain West CFR 1.415 and 1.420. Reference Information Center (Room Broadcasting, requesting the allotment List of Subjects in 47 CFR Part 73 CY–A257), 445 Twelfth Street, SW., of Channel 242A to Congress, Arizona, Washington, DC. The complete text of as a first local aural transmission Radio broadcasting. this decision may also be purchased service. As Congress is not incorporated Federal Communications Commission. from the Commission’s copy contractor, or listed in the U.S. Census, information John A. Karousos, International Transcription Service, is requested regarding the attributes of Chief, Allocations Branch, Policy and Rules Inc., 1231 20th Street, NW., that locality to determine whether it is Division, Mass Media Bureau. Washington, DC 20036, (202) 857–3800. a bona fide community for allotment [FR Doc. 99–12300 Filed 5–14–99; 8:45 am] purposes. Coordinates used for this Provisions of the Regulatory proposal are 34–09–24 NL and 112–50– BILLING CODE 6712±01±P Flexibility Act of 1980 do not apply to 30 WL. this proceeding. Members of the public should note DATES: Comments must be filed on or FEDERAL COMMUNICATIONS that from the time a Notice of Proposed before June 28, 1999, and reply COMMISSION comments on or before July 13, 1999. Rule Making is issued until the matter is no longer subject to Commission ADDRESSES: 47 CFR Part 73 Secretary, Federal consideration or court review, all ex Communications Commission, parte contacts are prohibited in Washington, DC 20554. In addition to [MM Docket No. 99±152; RM±9560] Commission proceedings, such as this filing comments with the FCC, one, which involve channel allotments. interested parties should serve the Radio Broadcasting Services; Captain Cook, HI See 47 CFR 1.1204(b) for rules petitioner, as follows: Mountain West governing permissible ex parte contacts. Broadcasting, c/o Victor A. Michael, Jr., AGENCY: Federal Communications President, 6807 Foxglove Drive, For information regarding proper Commission. Cheyenne, Wyoming 82009. filing procedures for comments, See 47 ACTION: Proposed rule. CFR 1.415 and 1.420. FOR FURTHER INFORMATION CONTACT: Nancy Joyner, Mass Media Bureau, (202) SUMMARY: This document requests List of Subjects in 47 CFR Part 73 418–2180. comments on a petition for rule making Radio broadcasting. SUPPLEMENTARY INFORMATION: This is a filed on behalf of Mountain West synopsis of the Commission’s Notice of Broadcasting, requesting the allotment Federal Communications Commission. Proposed Rule Making, MM Docket No. of Channel 226C1 to Captain Cook, John A. Karousos, 99–147, adopted April 28, 1999, and Hawaii, as that community’s first local Chief, Allocations Branch, Policy and Rules released May 7, 1999. The full text of aural transmission service. Coordinates Division, Mass Media Bureau. this Commission decision is available used for this proposal are 19–29–49 NL [FR Doc. 99–12301 Filed 5–14–99; 8:45 am] for inspection and copying during and 155–55–18 WL. BILLING CODE 6712±01±P

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FEDERAL COMMUNICATIONS List of Subjects in 47 CFR Part 73 Rule Making is issued until the matter COMMISSION Radio broadcasting. is no longer subject to Commission consideration or court review, all ex 47 CFR Part 73 Federal Communications Commission. parte contacts are prohibited in John A. Karousos, [MM Docket No. 99±149; RM±9557] Commission proceedings, such as this Chief, Allocations Branch, Policy and Rules one, which involve channel allotments. Radio Broadcasting Services; Division, Mass Media Bureau. See 47 CFR 1.1204(b) for rules Dinosaur, CO [FR Doc. 99–12302 Filed 5–14–99; 8:45 am] governing permissible ex parte contacts. BILLING CODE 6712±01±P For information regarding proper AGENCY: Federal Communications filing procedures for comments, See 47 Commission. CFR 1.415 and 1.420. ACTION: Proposed rule. FEDERAL COMMUNICATIONS COMMISSION List of Subjects in 47 CFR Part 73 SUMMARY: This document requests comments on a petition for rule making 47 CFR Part 73 Radio broadcasting. filed on behalf of Mountain West Federal Communications Commission. [MM Docket No. 99±148; RM±9556] Broadcasting, requesting the allotment John A. Karousos, of Channel 247C1 to Dinosaur, Radio Broadcasting Services; Del Chief, Allocations Branch, Policy and Rules Colorado, as that community’s first local Norte, CO Division, Mass Media Bureau. aural transmission service. Coordinates [FR Doc. 99–12303 Filed 5–14–99; 8:45 am] AGENCY: Federal Communications used for this proposal are 40–14–42 NL BILLING CODE 6712±01±P and 109–00–30 WL. Commission. DATES: Comments must be filed on or ACTION: Proposed rule. before June 28, 1999, and reply FEDERAL COMMUNICATIONS SUMMARY: This document requests comments on or before July 13, 1999. comments on a petition for rule making COMMISSION ADDRESSES: Secretary, Federal filed on behalf of Mountain West 47 CFR Part 73 Communications Commission, Broadcasting, requesting the allotment Washington, DC 20554. In addition to of Channel 242A to Del Norte, Colorado, filing comments with the FCC, as that community’s first local aural [MM Docket No. 99±150; RM±9558] interested parties should serve the transmission service. Coordinates used Radio Broadcasting Services; Poncha petitioner, as follows: Mountain West for this proposal are 37–40–36 NL and Broadcasting, c/o Victor A. Michael, Jr., Springs, CO 106–21–12 WL. President, 6807 Foxglove Drive, Cheyenne, Wyoming 82009. DATES: Comments must be filed on or AGENCY: Federal Communications before June 28, 1999, and reply Commission. FOR FURTHER INFORMATION CONTACT: comments on or before July 13, 1999. Nancy Joyner, Mass Media Bureau, (202) ACTION: Proposed rule. 418–2180. ADDRESSES: Secretary, Federal Communications Commission, SUMMARY: This document requests SUPPLEMENTARY INFORMATION: This is a Washington, DC 20554. In addition to comments on a petition for rule making synopsis of the Commission’s Notice of filing comments with the FCC, filed on behalf of Mountain West Proposed Rule Making, MM Docket No. interested parties should serve the Broadcasting, requesting the allotment 99–149, adopted April 28, 1999, and petitioner, as follows: Mountain West of Channel 248A to Poncha Springs, released May 7, 1999. The full text of Broadcasting, c/o Victor A. Michael, Jr., Colorado, as that community’s first local this Commission decision is available aural transmission service. Coordinates for inspection and copying during President, 6807 Foxglove Drive, used for this proposal are 38–30–42 NL normal business hours in the FCC’s Cheyenne, Wyoming 82009. Reference Information Center (Room FOR FURTHER INFORMATION CONTACT: and 106–04–42 WL. CY–A257), 445 Twelfth Street, SW., Nancy Joyner, Mass Media Bureau, (202) DATES: Comments must be filed on or Washington, DC. The complete text of 418–2180. before June 28, 1999, and reply this decision may also be purchased SUPPLEMENTARY INFORMATION: This is a comments on or before July 13, 1999. from the Commission’s copy contractor, synopsis of the Commission’s Notice of ADDRESSES: Secretary, Federal International Transcription Service, Proposed Rule Making, MM Docket No. Communications Commission, Inc., 1231 20th Street, NW., 99–148, adopted April 28, 1999, and Washington, DC 20554. In addition to Washington, DC 20036, (202) 857–3800. released May 7, 1999. The full text of filing comments with the FCC, Provisions of the Regulatory this Commission decision is available interested parties should serve the Flexibility Act of 1980 do not apply to for inspection and copying during petitioner, as follows: Mountain West this proceeding. normal business hours in the FCC’s Broadcasting, c/o Victor A. Michael, Jr., Members of the public should note Reference Information Center (Room President, 6807 Foxglove Drive, that from the time a Notice of Proposed CY–A257), 445 Twelfth Street, SW., Cheyenne, Wyoming 82009. Rule Making is issued until the matter Washington, DC. The complete text of FOR FURTHER INFORMATION CONTACT: is no longer subject to Commission this decision may also be purchased consideration or court review, all ex from the Commission’s copy contractor, Nancy Joyner, Mass Media Bureau, (202) parte contacts are prohibited in International Transcription Service, 418–2180. Commission proceedings, such as this Inc., 1231 20th Street, NW., SUPPLEMENTARY INFORMATION: This is a one, which involve channel allotments. Washington, DC 20036, (202) 857–3800. synopsis of the Commission’s Notice of See 47 CFR 1.1204(b) for rules Provisions of the Regulatory Proposed Rule Making, MM Docket No. governing permissible ex parte contacts. Flexibility Act of 1980 do not apply to 99–150, adopted April 28, 1999, and For information regarding proper this proceeding. released May 7, 1999. The full text of filing procedures for comments, See 47 Members of the public should note this Commission decision is available CFR 1.415 and 1.420. that from the time a Notice of Proposed for inspection and copying during

VerDate 06-MAY-99 15:55 May 14, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\17MYP1.XXX pfrm03 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26719 normal business hours in the FCC’s President, 6807 Foxglove Drive, Coordinates used for this proposal are Reference Information Center (Room Cheyenne, Wyoming 82009. 34–39–50 NL; 90–28–13 WL. CY–A257), 445 Twelfth Street, SW., FOR FURTHER INFORMATION CONTACT : DATES: Washington, DC. The complete text of Comments must be filed on or Nancy Joyner, Mass Media Bureau, (202) before June 28, 1999, and reply this decision may also be purchased 418–2180. comments on or before July 13, 1999. from the Commission’s copy contractor, SUPPLEMENTARY INFORMATION: This is a International Transcription Service, synopsis of the Commission’s Notice of ADDRESSES: Secretary, Federal Inc., 1231 20th Street, NW., Proposed Rule Making, MM Docket No. Communications Commission, Washington, DC 20036, (202) 857–3800. 99–151, adopted April 28, 1999, and Washington, DC 20554. In addition to Provisions of the Regulatory released May 7, 1999. The full text of filing comments with the FCC, Flexibility Act of 1980 do not apply to this Commission decision is available interested parties should serve the this proceeding. for inspection and copying during petitioner, as follows: Victor A. Michael, Members of the public should note normal business hours in the FCC’s Jr., President, Mountain West that from the time a Notice of Proposed Reference Information Center (Room Broadcasting, 6807 Foxglove Drive, Rule Making is issued until the matter CY–A257), 445 Twelfth Street, SW., Cheyenne, WY 82009. is no longer subject to Commission Washington, DC. The complete text of consideration or court review, all ex this decision may also be purchased FOR FURTHER INFORMATION CONTACT: parte contacts are prohibited in from the Commission’s copy contractor, Nancy Joyner, Mass Media Bureau, (202) Commission proceedings, such as this International Transcription Service, 418–2180. one, which involve channel allotments. Inc., 1231 20th Street, NW., SUPPLEMENTARY INFORMATION: This is a See 47 CFR 1.1204(b) for rules Washington, DC 20036, (202) 857–3800. governing permissible ex parte contacts. synopsis of the Commission’s Notice of Provisions of the Regulatory Proposed Rule Making, MM Docket No. For information regarding proper Flexibility Act of 1980 do not apply to filing procedures for comments, See 47 99–146, adopted April 28, 1999, and this proceeding. released May 7, 1999. The full text of CFR 1.415 and 1.420. Members of the public should note this Commission decision is available that from the time a Notice of Proposed List of Subjects in 47 CFR Part 73 for inspection and copying during Rule Making is issued until the matter normal business hours in the FCC’s Radio broadcasting. is no longer subject to Commission Federal Communications Commission. consideration or court review, all ex Reference Information Center (Room John A. Karousos, parte contacts are prohibited in CY–A257), 445 Twelfth Street, SW., Chief, Allocations Branch, Policy and Rules Commission proceedings, such as this Washington, DC. The complete text of Division, Mass Media Bureau. one, which involve channel allotments. this decision may also be purchased [FR Doc. 99–12304 Filed 5–14–99; 8:45 am] See 47 CFR 1.1204(b) for rules from the Commission’s copy contractor, BILLING CODE 6712±01±P governing permissible ex parte contacts. International Transcription Service, For information regarding proper Inc., 1231 20th Street, NW., filing procedures for comments, See 47 Washington, DC 20036, (202) 857–3800. FEDERAL COMMUNICATIONS CFR 1.415 and 1.420. Provisions of the Regulatory COMMISSION List of Subjects in 47 CFR Part 73 Flexibility Act of 1980 do not apply to this proceeding. 47 CFR Part 73 Radio broadcasting. Members of the public should note [MM Docket No. 99±151; RM±9559] Federal Communications Commission. that from the time a Notice of Proposed John A. Karousos, Radio Broadcasting Services; Rangely, Rule Making is issued until the matter Chief, Allocations Branch, Policy and Rules CO is no longer subject to Commission Division, Mass Media Bureau. consideration or court review, all ex AGENCY: Federal Communications [FR Doc. 99–12305 Filed 5–14–99; 8:45 am] parte contacts are prohibited in Commission. BILLING CODE 6712±01±P Commission proceedings, such as this ACTION: Proposed rule. one, which involve channel allotments. See 47 CFR 1.1204(b) for rules SUMMARY: This document requests FEDERAL COMMUNICATIONS governing permissible ex parte contacts. comments on a petition for rule making COMMISSION filed on behalf of Mountain West For information regarding proper Broadcasting, requesting the allotment 47 CFR Part 73 filing procedures for comments, See 47 of Channel 279C1 to Rangely, Colorado, [MM Docket No. 99±146; RM±9490] CFR 1.415 and 1.420. as that community’s first local aural List of Subjects in 47 CFR Part 73 transmission service. Coordinates used Radio Broadcasting Services; North for this proposal are 40–05–06 NL and Tunica, MS Radio broadcasting. 108–48–18 WL. AGENCY: Federal Communications Federal Communications Commission. DATES: Comments must be filed on or Commission. before June 28, 1999, and reply John A. Karousos, ACTION: Proposed rule. comments on or before July 13, 1999. Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. ADDRESSES: Secretary, Federal SUMMARY: This document requests Communications Commission, comments on a petition for rule making [FR Doc. 99–12306 Filed 5–14–99; 8:45 am] Washington, DC 20554. In addition to filed on behalf of Mountain West BILLING CODE 6712±01±P filing comments with the FCC, Broadcasting, requesting the allotment interested parties should serve the of Channel 254A to North Tunica, petitioner, as follows: Mountain West Mississippi, as that community’s first Broadcasting, c/o Victor A. Michael, Jr., local aural transmission service.

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FEDERAL COMMUNICATIONS contractors, International Transcription 231C3. The coordinates for Channel COMMISSION Services, Inc., 1231 20th Street, NW., 231C3 are 32–26–45 and 92–56–49. In Washington, DC. 20036, (202) 857–3800, accordance with Section 1.420(g) of the 47 CFR Part 73 facsimile (202) 857–3805. Commission’s Rules, we will not accept competing expressions of interest for the [MM Docket No. 99±145, RM±9336] Provisions of the Regulatory Flexibility Act of 1980 do not apply to use of Channel 223C3 at Wake Village Radio Broadcasting Services; this proceeding. or require petitioner to demonstrate the Mishicot, WI & Gulliver, MI Members of the public should note availability of additional equivalent that from the time a Notice of Proposed class channels for use by such parties. AGENCY: Federal Communications Rule Making is issued until the matter Commission. DATES: Comments must be filed on or is no longer subject to Commission before June 28, 1999, and reply ACTION: Proposed rule. consideration or court review, all ex comments on or before July 13, 1999. parte contacts are prohibited in SUMMARY: This document requests Commission proceedings, such as this ADDRESSES: Federal Communications comments on a petition filed by Bay- one, which involve channel allotments. Commission, Washington, DC 20554. In Lakes-Valley Broadcasting, Inc. See 47 CFR 1.1204(b) for rules addition to filing comments with the proposing the substitution of Channel governing permissible ex parte contact. FCC, interested parties should serve the 234C3 for Channel 234A at Mishicot, For information regarding proper petitioners’ counsel, as follows: Jeffrey Wisconsin, and modification of the filing procedures for comments, see 47 D. Southmayd, Southmayd & Miller, license for Station WGGM to specify CFR 1.415 and 1.420. 1220 19th Street, NW, Suite 400, operation on Channel 234C3. The Washington, DC 20036. coordinates for Channel 234C3 at List of Subjects in 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: Mishicot are 44–22–48 and 87–36–58. Radio broadcasting. To accommodate the allotment at Kathleen Scheuerle, Mass Media Mishicot, we shall propose the Federal Communications Commission. Bureau, (202) 418–2180. substitution of Channel 273C1 for John A. Karousos, SUPPLEMENTARY INFORMATION: This is a Channel 234C1 at Gulliver, Michigan, Chief, Allocations Branch, Policy and Rules summary of the Commission’s Notice of and modification of the license for Division, Mass Media Bureau. Proposed Rule Making, MM Docket No. Station WCMM to specify operation on [FR Doc. 99–12307 Filed 5–14–99; 8:45 am] 99–144, adopted April 28, 1999, and Channel 273C1. The coordinates for BILLING CODE 6712±01±P released May 7, 1999. The full text of Channel 273C1 are 45–58–01 and 86– this Commission decision is available 29–18. Canadian concurrence will be for inspection and copying during requested for the allotment at Gulliver. FEDERAL COMMUNICATIONS normal business hours in the In accordance with Section 1.420(g) of COMMISSION Commission’s Reference Center, the Commission’s Rules, we will not Washington, DC. The complete text of 47 CFR Part 73 accept competing expressions of interest this decision may also be purchased for the use of Channel 234C3 at [MM Docket No. 99±144, RM±9538] from the Commission’s copy Mishicot or Channel 273C1 at Gulliver, contractors, International Transcription or require petitioner to demonstrate the Radio Broadcasting Services; Arcadia, Services, Inc., 1231 20th Street, NW., availability of additional equivalent LA and Wake Village, TX Washington, DC 20036, (202) 857–3800, class channels for use by such parties. facsimile (202) 857–3805. AGENCY: Federal Communications DATES: Comments must be filed on or Commission. Provisions of the Regulatory before June 28, 1999, and reply Flexibility Act of 1980 do not apply to ACTION: Proposed rule. comments on or before July 13, 1999. this proceeding. ADDRESSES: Federal Communications SUMMARY: This document requests Members of the public should note Commission, Washington, DC. 20554. In comments on a petition filed by that from the time a Notice of Proposed addition to filing comments with the Houston Christian Broadcasters, Inc. Rule Making is issued until the matter FCC, interested parties should serve the proposing the substitution of Channel is no longer subject to Commission petitioner’s counsel, as follows: John F. 223C3 for Channel 223A and consideration or court review, all ex Garziglia, Pepper & Corazzini, L.L.P., modification of the construction permit parte contacts are prohibited in 1776 K Street, NW, Suite 200, for Station KBHA, Wake Village, Texas. Commission proceedings, such as this Washington, DC 20006. The coordinates for Channel 223C3 at one, which involve channel allotments. FOR FURTHER INFORMATION CONTACT: Wake Village are 33–20–00 and 93–58– See 47 CFR 1.1204(b) for rules Kathleen Scheuerle, Mass Media 00. (Section 73.202(b) of the governing permissible ex parte contact. Bureau, (202) 418–2180. Commission’s Rules shows the For information regarding proper SUPPLEMENTARY INFORMATION: This is a allotment of Channel 233A at Wake filing procedures for comments, see 47 summary of the Commission’s Notice of Village instead of Channel 223A. Upon CFR 1.415 and 1.420. Proposed Rule Making, MM Docket No. termination of this proceeding, we will 99–145, adopted April 28, 1999, and correct the FM Table of Allotments to List of Subjects in 47 CFR Part 73 released May 7, 1999. The full text of show the correct channel at Wake Radio broadcasting. this Commission decision is available Village.) To accommodate the for inspection and copying during substitution at Wake Village, petitioner Federal Communications Commission. normal business hours in the has requested the substitution of John A. Karousos, Commission’s Reference Center, Channel 231C3 for Channel 223A at Chief, Allocations Branch, Policy and Rules Washington, DC. The complete text of Arcadia, Louisiana, and modification of Division, Mass Media Bureau. this decision may also be purchased the construction permit for Channel [FR Doc. 99–12309 Filed 5–14–99; 8:45 am] from the Commission’s copy 223A to specify operation on Channel BILLING CODE 6712±01±P

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NATIONAL AERONAUTICS AND contracts with small businesses have 1018, as described in this section. For SPACE ADMINISTRATION property reporting requirements. Land, Buildings, Other Structures and Facilities, and Leasehold Improvements, Paperwork Reduction Act 48 CFR Parts 1845 and 1852 contractors shall report the amount for The Paperwork Reduction Act, 44 all items with a unit acquisition cost of Revisions to the NASA FAR U.S.C. 3501, et seq., applies to this $100,000 or more and a useful life of 2 Supplement on Property Reporting proposed rule because it contains years or more. For Plant Equipment, Requirements information collection requirements. Special Tooling, Special Test AGENCY: National Aeronautics and However, approval for the additional Equipment and Agency-Peculiar Space Administration (NASA). requirements has already been obtained Property, contractors shall separately under OMB Control No. 2700–0017, ACTION: Proposed rule. report— approving an increase in burden hours (1) The amount for all items with a SUMMARY: This proposed rule would from 5,700 to 8,144. unit acquisition cost of $100,000 or amend the NASA FAR Supplement List of Subjects in 48 CFR Parts 1845 more and a useful life of 2 years or (NFS) to comply with OMB Bulletin 97– and 1852 more; and 01 and make other changes to NASA (2) All items under $100,000, property reporting requirements. Government procurement. regardless of useful life. Specific changes include: raising the Tom Luedtke, (b) Materials. Contractors shall report reporting threshold for certain property Acting Associate Administrator for the amount for all Materials, regardless categories from $5,000 to $100,000; Procurement. of unit acquisition cost. adding a requirement to include Federal Accordingly, 48 CFR Parts 1845 and (c) Land. Includes costs of land and Supply Classification group codes for 1852 are proposed to be amended as improvements to land. equipment, unit acquisition costs, and follows: (d) Buildings. Includes costs of acquisition dates on shipping 1. The authority citation for 48 CFR buildings, improvements to buildings, documents; and adding a statement that Parts 1845 and 1852 continues to read and fixed equipment required for the contractors are required to furnish, in as follows: operation of a building which is addition to the information required by permanently attached to and a part of Authority: 42 U.S.C. 2473(c)(1). the Form 1018, any information the building and cannot be removed specified in supplemental instructions PART 1845ÐGOVERNMENT without cutting into the walls, ceilings, issued by NASA for the current PROPERTY or floors. Examples of fixed equipment reporting period. required for functioning of a building DATES: Comments should be submitted 2. Subpart 1845.71 is revised to read include plumbing, heating and lighting on or before July 16, 1999. as follows: equipment, elevators, central air ADDRESSES: Interested parties should conditioning systems, and built-in safes Subpart 1845.71ÐForms Preparation submit written comments to James H. and vaults. Dolvin, NASA Headquarters, Office of 1845.7101 Instructions for preparing (e) Other structures and facilities. Procurement, Contract Management NASA Form 1018. Includes costs of acquisitions and Division (Code HK), Washington, DC NASA Form 1018 (see 1853.3) improvements of structures and 20546. Comments may also be provides critical information for NASA facilities other than buildings; for submitted by e-mail to financial statements and property example, airfield pavements, harbor and [email protected]. management. Accuracy and timeliness port facilities, power production FOR FURTHER INFORMATION CONTACT: of the report are very important. NASA facilities and distribution systems, James H. Dolvin, (202) 358–1279. must account for and report assets in reclamation and irrigation facilities, SUPPLEMENTARY INFORMATION: accordance with 31 U.S.C. 3512 and 31 flood control and navigation aids, utility U.S.C. 3515, Federal accounting systems (heating, sewage, water and Background standards, and Office of Management electrical) when they serve several Federal Financial Accounting and Budget (OMB) instructions. Since buildings or structures, communication Standards Number 6, as implemented contractors maintain NASA’s official systems, traffic aids, roads and bridges, by OMB Bulletin 97–01, provides for records for its assets in their possession, railroads, monuments and memorials, new financial accounting requirements NASA must obtain annual data from and nonstructural improvements such involving depreciation of Government those records to meet these as sidewalks, parking areas, and fences. property. New material is being added requirements. Changes in Federal (f) Leasehold improvements. Includes to NFS Section 1845.7101, Instructions accounting standards and OMB NASA-funded costs of improvements to for preparing NASA Form 1018, to reporting requirements may occur from leased buildings, structures, and explain this change and to say that year to year, requiring contractor facilities, as well as easements and contractors will now be required to submission of supplemental information right-of-way, where NASA is the lessee submit supplemental information with with the NF 1018. Contractors shall or the cost is charged to a NASA the form, and that this information may retain documents which support the contract. change from year to year, depending on data reported on NF 1018 in accordance (g) Equipment. Includes costs of OMB requirements. with FAR subpart 4.7, Contractor commercially available personal property capable of stand-alone use in Impact Records Retention. Classifications of property, related costs to be reported, manufacturing supplies, performing NASA certifies that this regulation and other reporting requirements are services, or any general or will not have a significant economic discussed in this subpart. administrative purpose (for example, impact on a substantial number of small machine tools, furniture, vehicles, business entities under the Regulatory 1845.7101±1 Property Classification. computers, and test equipment, Flexibility Act (5 U.S.C. 601 et seq.) (a) General. Contractors shall report including their accessory or auxiliary Less than three per cent of NASA costs in the classifications on the NF items).

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(h) Construction in Progress. Includes property is physically shipped directly contractor, the receiving contractor shall costs of work in process for the from one contractor to another. Property record the property in the same property construction of Buildings, Other shipped between September 1 and classification and amount appearing on Structures and Facilities, and Leasehold September 30, inclusively, shall be the shipping document. For example, Improvements to which NASA has title. reported by the shipping contractor, when a contractor receives an item from (i) Special Tooling. Includes costs of regardless of the method of shipment, another contractor that is identified on equipment and manufacturing aids (and unless written evidence of receipt at the shipping document as equipment, their components and replacements) of destination has been received. but that the recipient intends to such a specialized nature that, without Repairables provided under fixed price incorporate into special test equipment, substantial modification or alteration, repair contracts that include the clause the recipient shall first record the item their use is limited to development or at 1852.245–72, Liability for in the equipment account and production of particular supplies or Government Property Furnished for subsequently reclassify it as special test parts, or performance of particular Repair or Other Services, remain equipment when incorporated into that services. Examples include jigs, dies, accountable to the cognizant center and item. Reclassification of equipment, fixtures, molds, patterns, taps and are not reportable on NF 1018; special tooling, special test equipment, gauges. repairables provided under a cost- or agency-peculiar property requires (j) Special Test Equipment. Includes reimbursement contract, however, are prior approval of the contracting officer costs of equipment used to accomplish accountable to the contractor and or a designee. special purpose testing in performing a reportable on NF 1018. All materials (c) Incomplete documentation. If contract, and items or assemblies of provided to conduct repairs are contractors receive transfer documents equipment. reportable, regardless of contract type. having insufficient detail to properly (k) Material. Includes costs of NASA- (a) Approval and notification. The record the transfer (e.g., omission of owned property held in inventory that contractor must obtain approval of the property classification, FSC, unit may become a part of an end item or be contracting officer or designee for acquisition cost, acquisition date, etc.) expended in performing a contract. transfers of property before shipment. they shall request the omitted data Examples include raw and processed Each shipping document must contain directly from the shipping contractor or material, parts, assemblies, small tools contract numbers, shipping references, through the property administrator as and supplies. Material that is part of property classifications in which the provided in FAR 45.505–2. work-in-process is not included. items are recorded (including Federal (l) Agency-Peculiar Property. Includes Supply Classification group (FSC) codes 1845.7101±3 Unit acquisition cost. costs of completed items, systems and for all types of equipment), unit (a) The unit acquisition cost shall subsystems, spare parts and components acquisition costs, original acquisition include all costs incurred to bring the unique to NASA aeronautical and space dates and any other appropriate property to a form and location suitable programs. Examples include research identifying or descriptive data. Where for its intended use. For example, the aircraft, engines, satellites, instruments, the DD 250, Material Inspection and cost may include the following, as rockets, prototypes and mock-ups. The Receiving Report, is used as the appropriate, for the type of property: amount of property, title to which vests shipping document, the FSC code will (1) Amounts paid to vendors or other in the Government as a result of be part of the national stock number contractors; progress payments to fixed price (NSN) entered in Block 16 or, if the NSN (2) Transportation charges to the point subcontractors, shall be included to is not provided, the FSC alone shall be of initial use; reflect the pro rata cost of undelivered shown in Block 16. The original (3) Handling and storage charges; agency-peculiar property. acquisition date shall be shown in Block (4) Labor and other direct or indirect (m) Contract Work-in-Process. 23, by item. Other formats should be production costs (for assets produced or Includes costs of all work-in-process; clearly annotated with the required constructed); excludes costs of completed items information. Unit acquisition costs shall (5) Engineering, architectural, and reported in other categories. be obtained from records maintained other outside services for designs, plans, pursuant to FAR part 45 and this part specifications, and surveys; 1845.7101±2 Transfers of property. 1845 or, for uncompleted items where (6) Acquisition and preparation costs A transfer is a change in property records have not yet been of buildings and other facilities; accountability between and among established, from such other record (7) An appropriate share of the cost of prime contracts, centers, and other systems as are appropriate such as the equipment and facilities used in Government agencies (e.g., between manufacturing or engineering records construction work; contracts of the same center, contracts of used for work control and billing (8) Fixed equipment and related different centers, a contract of one purposes. Shipping contractors shall installation costs required for activities center to that of another center, a center furnish a copy of the shipping in a building or facility; to a contract of another center, and a document to the cognizant property (9) Direct costs of inspection, contract to another Government agency administrator. Shipping and receiving supervision, and administration of or its contract). To enable NASA to contractors shall promptly notify the construction contracts and construction properly control and account for financial management office of the work; transfers, they shall be adequately NASA center responsible for their (10) Legal and recording fees and documented. Therefore, procurement, respective contracts when damage claims; property, and financial organizations at accountability for Government property (11) Fair values of facilities and NASA centers must effect all transfers of is transferred to, or received from, other equipment donated to the Government; accountability, although physical contracts, contractors, NASA centers, or (12) Material amounts of interest costs shipment and receipt of property may Government agencies. Copies of paid; and be made directly by contractors. The shipping or receiving documents will (13) Where appropriate, for Special procedures described in this section suffice as notification in most instances. Test Equipment, Special Tooling, shall be followed to provide an (b) Reclassification. If property is Agency-Peculiar and Contract Work-in- administrative and audit trail, even if transferred to another contract or process, related fees, or a prorata

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Financial Officer, Finance, and three copies part of the fees paid to the contractor by (d) Transferred to Center (through the Department of Defense (DOD) NASA are related to that effort. Accountability. Deletion amounts that Property Administrator if contract (b) The use of weighted average result from transfer of accountability to administration has been delegated to DOD) to methodologies is acceptable for the center responsible for the contract, the following address: [Insert name and address of appropriate Center office .] valuation of Material. whether or not items are physically moved. (c) The annual reporting period shall be (c) Contractors shall report unit from October 1 of each year through acquisition costs using records that are (e) Transferred to Another NASA September 30 of the following year. The part of the prescribed property or Center. Deletion amounts that result report shall be submitted in time to be financial control system as provided in from transfer of accountability to a received by October 31. The information this section. Fabrication costs shall be center other than the one responsible for contained in these reports is entered into the based on approved systems or the contract, whether or not items are NASA accounting system to reflect current physically moved. asset values for agency financial statement procedures and include all direct and purposes. Therefore, it is essential that indirect costs of fabrication. (f) Transferred to Another Government Agency. Deletion amounts required reports be received no later than (d) The contractor shall redetermine October 31. The Contracting Officer may, in that result from transfer of property for unit acquisition costs of items returned the Government’s interest, withhold payment reutilization to another Government for modification or rehabilitation. If an until a reserve not exceeding $25,000 or 5 agency, as a part of the plant clearance item’s original acquisition cost is percent of the amount of the contract, process. whichever is less, has been set aside, if the $100,000 or more, only modifications (g) Purchased at Cost/Returned for Contractor fails to submit annual NF 1018 that improve that item’s capacity or Credit. Deletion amounts that result reports when due. Such reserve shall be extend its useful life two years or more from contractor purchase or retention of withheld until the Contracting Officer has and that cost $100,000 or more shall be contractor acquired property as determined that the required reports have added to the original acquisition cost been received by the Government. The provided in FAR 45.605–1, or from reported on the NF 1018. The costs of withholding of any amount or the subsequent contractor returns to suppliers under any other modifications will be payment thereof shall not be construed as a FAR 45.605–2. considered to be expensed. If an item’s waiver of any Government right. (h) Disposal Through Plant Clearance (d) A final report is required within 30 original unit acquisition cost is less than Process. Deletions other than transfers, days after disposition of all property subject $100,000, but a single subsequent within the Federal Government e.g., to reporting when the contract performance modification costs $100,000 or more, donations to eligible recipients, sold at period is complete. that modification only will be reported less than cost, or abandoned/directed (End of clause) as an item $100,000 or more on destruction. subsequent NF 1018s. If an item’s [FR Doc. 99–12372 Filed 5–14–99; 8:45 am] acquisition cost is reduced by removal 1845.7101±5 Contractor's privileged BILLING CODE 7510±01±P of components so that its remaining financial and business information. acquisition cost is under $100,000, it If a transfer of property between shall be reported as under $100,000. contractors involves disclosing costs of DEPARTMENT OF TRANSPORTATION (e) The computation of work in a proprietary nature, the contractor shall Surface Transportation Board process shall include costs of associated furnish unit acquisition costs only on systems, subsystems, and spare parts copies of shipping documents sent to 49 CFR Part 1244 and components furnished or acquired the shipping and receiving NASA and charged to work in process pending centers. Transfer of the property to the [STB Ex Parte No. 385 (Sub±No. 4)] incorporation into a finished item. receiving contractor shall be on a no- Modification of the Carload Waybill These types of items make up what is cost basis. Sample and Public Use File sometimes called production inventory Regulations and include programmed extra units to PART 1852ÐSOLICITATION cover replacement during the PROVISIONS AND CONTRACT AGENCY: Surface Transportation Board. fabrication process (production spares). CLAUSES ACTION: Advance notice of proposed Also included are deliverable items on 3. Section 1852.245–73 is revised to rulemaking. which the contractor or a subcontractor read as follows: has begun work, and materials issued SUMMARY: The Surface Transportation from inventory. 1852.245±73 Financial Reporting of NASA Board (Board) solicits comments on Property in the Custody of Contractors. modifications to the existing regulations 1845.7101±4 Types of deletions from As prescribed in 1845.106–70(d), at 49 CFR Part 1244 to require contractor property records. insert the following clause: identification of contract movements in Contractors shall report the types of the annual Carload Waybill Sample deletions from the property reportable Financial Reporting of NASA Property in the (Waybill Sample), to establish Custody of Contractors (XXX) under a given contract as described in procedures to ensure the confidentiality this section. (a) The Contractor shall submit annually a of contract revenue information in the (a) Adjusted. Changes in the deletion NASA Form (NF) 1018, NASA Property in Waybill Sample, and to limit the period the Custody of Contractors, in accordance amounts that result from mathematical with the provisions of 1845.505–14, the during which the Waybill Sample will errors in the previous report. instructions on the form, subpart 1845.71, remain confidential. (b) Lost, Damaged or Destroyed. and any supplemental instructions for the DATES: Comments are due on July 1, Deletion amounts that result from relief current reporting period issued by NASA. 1999.

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ADDRESSES: Send comments (an original such Waybill Sample records would be each Waybill Sample record would then and 10 copies) referring to STB Ex Parte limited to 20 years. be replaced by the average revenue No. 385 (Sub-No. 4) to: Surface number. Sensitive commercial contract 1. Identification of Contract Shipments Transportation Board, Office of the information would be protected because Secretary, Case Control Branch, 1925 K The majority of railroads already we would not identify contract Street, NW, Washington, D.C. 20423– identify contract movements in the shipment and because actual revenue 0001. Waybill Sample and simply ‘‘mask’’ the data would not be released. FOR FURTHER INFORMATION CONTACT: H. contract revenue information using Nevertheless, the public could conduct Jeff Warren, (202) 565–1533 or James A. varying procedures to conceal the actual accurate, broad-based economic studies Nash, (202) 525–1542. [Assistance for revenues earned on contract traffic. because the average revenues would be the hearing impaired is available However, because some carriers do not accurate when aggregated to the through TDD services (202) 565–1695.] flag contract movements, we are unable appropriate level. to develop complete information on SUPPLEMENTARY INFORMATION: Railroads Parties are asked to comment on our that annually terminate 4,500 or more contract traffic. The Board needs more suggested masking methodology or to carloads (or 5 percent of the carloads in accurate data to carry out statutorily suggest other procedures that could be any state) are required to report data, mandated functions, to provide reports applied by us or the railroads to meet including revenues, on individual to Congress, and to perform internal the same objectives. Comments should movements contained in a sampling of studies of the rail industry. Thus, we address the appropriate level of their traffic. This Waybill Sample is need to revise our regulations to ensure geographic aggregation and the used for a variety of purposes by the that all carriers flag contract appropriate level of STCC aggregation Board, parties appearing before the movements. (two digit, four digit, etc.) to be used. There will be no impact on those agency and the public in general. carriers already flagging contract 3. Waybill Confidentiality Time Limit Because of the widespread use of movements from the new proposed confidential transportation contracts in Finally, we believe that it should be requirement, and these procedures may the railroad industry, 1 the Waybill possible to limit confidential treatment help safeguard commercially sensitive Sample reporting requirements must be of contract revenue information contract rate information for those tailored to ensure that the Board contained in the Waybill Sample to a carriers that do not now flag contract receives accurate data on contract 20-year period. The Archives is shipments and whose actual contract movements for all carriers and, at the interested in maintaining the Waybill revenues may appear in the Waybill same time, that confidential information Sample records for future studies, much Sample. While we may be unaware that regarding those contracts is protected as the U.S. Census is maintained. a particular movement is a contract from public disclosure. In addition, the However, in order for historic Waybill shipment, competitors of the shipper or National Archives and Records Sample records to be useful, a time railroad might know that it is a contract Administration (Archives) recently period must be specified after which movement. In such circumstances, indicated that it is interested in confidential data can be made public. It disclosure of the actual unflagged maintaining historic Waybill Sample could be as little as ten years, or as contract rate may be at risk when records for future studies. To do so, the much as one hundred years. (Census Waybill Sample data is released to confidentiality of these records must data is now made public after seventy parties for use in individual proceedings expire at some time to allow for future years.) Because most rail contracts do before the Board. Thus, while some public release. not exceed a 20-year term, a 20-year carriers may have to begin flagging confidentiality period may be adequate Proposed Procedures contract shipments, the confidentiality to protect commercially sensitive of the contract rate should be better To enhance the usefulness of the shipper and railroad data. Waybill Sample, both for ourselves and protected under our proposal to mask for other parties, and to facilitate the contract revenue information in a Scope of This Proceeding uniform manner. ability of the Archives to maintain While we encourage all parties to historical records, we are considering 2. Use of Average Revenue Figures comment on the areas we have several changes to our rules and The masking procedures currently discussed above, we are not soliciting procedures. First, all railroads would be used by some carriers make it comments in this proceeding on any required to identify (flag) those impossible for outside parties to other aspects of the collection, design, shipments in the Waybill Sample that conduct accurate revenue based studies or release of the Waybill Sample or its are governed by transportation from the Waybill Sample data regardless associated Public Use Waybill file. contracts. Second, railroads would be of the level of aggregation. To provide Moreover, because no analysis of the required to report the actual revenues a more useful method of masking all Waybill Sample should be needed to for each such contract shipment, revenue information in the Waybill comment on this Advance Notice of although an average revenue value Sample, we suggest aggregating actual Proposed Rulemaking, we do not plan to would be substituted for the actual contract and non-contract revenue data, release Waybill Sample data in revenues to maintain the confidentiality after which we would calculate an connection with this proceeding. of the contract rate information. These average revenue per ton-mile by This action will not significantly two changes would fulfill our need for Standard Transportation Commodity affect either the quality of the human more complete contract data, protect Code (STCC) class within broad environment or energy conservation. sensitive commercial contract rate geographic areas, such as the nine Pursuant to 5 U.S.C. 605(b), we information, and allow others to census regions. We would then use this conclude preliminarily that our action conduct accurate, broad-based economic average value to develop a revenue will not have a significant economic studies. Third, the confidentiality of figure for each waybill by multiplying impact on a substantial number of small the average revenue per ton-mile by entities within the meaning of the 1 The Association of American Railroads recently Regulatory Flexibility Act. advised the General Accounting Office that 70% of each movement’s shipment tons and rail traffic moves under contract. miles. The reported actual revenue in Decided: May 10, 1999

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By the Board, Chairman Morgan, Vice proposals of higher priority. When a overutilization, particularly trends of Chairman Clyburn, and Commissioner petition to list a species is found to be human-caused mortality. The court Burkes. warranted but precluded, the species is requested more information on the Vernon A. Williams, designated a candidate species. A relationship between regulatory Secretary. candidate species is a taxon for which mechanisms and human-caused [FR Doc. 99–12334 Filed 5–14–99; 8:45 am] we have on file sufficient information to mortality, and additional analysis of BILLING CODE 4915±00±P support issuance of a proposed listing survivorship and reproductive rates. rule. Section 4(b)(3)(C) requires that a The court also expressed concerns about petition for which we find the requested the discussion of population DEPARTMENT OF THE INTERIOR action to be warranted but precluded be connectivity between bears in Canada treated as though it has been and the United States. We responded to Fish and Wildlife Service resubmitted on the date of such finding; the court with Supplementary a subsequent finding is to be made on Information for the Court regarding the 50 CFR Part 17 such a petition within 12 months of the Not Warranted Petition Finding for the initial or previous finding. Notices of Selkirk Grizzly Bear Population (March Endangered and Threatened Wildlife such 12-month findings are to be 15, 1996). and Plants: 12-month Finding on published promptly in the Federal On October 28, 1998, the court Petitions To Change the Status of Register. The finding reported here is a remanded the matter back to us because Grizzly Bear Populations in the Selkirk finding on a petitioned action for which we had not established that the Selkirk Area in Idaho and Washington and the we have made previous 12-month population could sustain the current Cabinet-Yaak Area of Montana and findings. rate of human-caused mortality, that Idaho From Threatened to Endangered On February 4, 1991, the Fund for present regulatory mechanisms were AGENCY: Fish and Wildlife Service, Animals, Inc., petitioned us to reclassify adequate, that the Selkirk population Interior. the grizzly bear from threatened to was not endangered simply by virtue of endangered in the Selkirk ecosystem of size, and that Canadian habitat would ACTION: Notice of 12-month petition Idaho and Washington; the Cabinet- continue to be available to the Selkirk finding. Yaak ecosystem of Montana and Idaho; population. On January 21, 1999, we SUMMARY: We find that reclassification the Yellowstone ecosystem of Montana, requested additional time to respond to of grizzly bears (Ursus arctos horribilis) Wyoming, and Idaho; and the Northern the remand in order to evaluate the in the combined Cabinet-Yaak/Selkirk Continental Divide ecosystem of Selkirk population in light of our recent recovery zones of Idaho, Montana, and Montana. We received a second petition policy defining distinct population Washington from threatened to dated January 16, 1991, from Mr. D.C. segments. endangered status is warranted but Carlton on January 28, 1991, that We have reviewed our previous precluded by work on other higher requested us to reclassify the grizzly findings on the Selkirk population in priority species. bear from threatened to endangered in light of the court’s ruling. Based on this the Selkirk ecosystem of Idaho and reevaluation of the Selkirk population’s DATES: The finding announced in this status, and consideration of our policy document was approved on April 20, Washington; the Cabinet-Yaak on distinct vertebrate population 1999. ecosystem of Montana and Idaho; and the North Cascades ecosystem of segments, which was adopted after the ADDRESSES: You may send questions or Washington. We issued a finding of not 1993 petition findings, we believe that comments concerning this finding to warranted for reclassification in the it may be appropriate to pursue a U.S. Fish and Wildlife Service, Grizzly Yellowstone and Northern Continental change in the listing of the grizzly bear Bear Recovery Coordinator, University Divide ecosystems on April 20, 1992 (57 which would recognize the Selkirk Hall 309, University of Montana, FR 14372–14374). We made a positive recovery zone and the Cabinet-Yaak Missoula, Montana 59812. You may 90-day finding for the Selkirk and recovery zone as one distinct population inspect the petition, finding, and Cabinet-Yaak ecosystems and initiated a segment. In this finding, we will review supporting data by appointment during status review in the same notice. We the information that has led us to normal business hours at the above issued a 12-month finding of warranted consider such a change because much of office. but precluded for the Cabinet-Yaak this information has direct relevance to FOR FURTHER INFORMATION CONTACT: Dr. ecosystem on February 12, 1993 (58 FR the court’s concerns about issues not Christopher Servheen, Grizzly Bear 8250), and again on June 4, 1998 (63 FR adequately addressed in our previous Recovery Coordinator (see ADDRESSES 30453). We issued a not warranted finding on the Selkirk population. We section) at telephone (406) 243–4903. finding for the Selkirk ecosystem on will consider formally recognizing a SUPPLEMENTARY INFORMATION: February 12, 1993 (58 FR 8250). A distinct population segment that would lawsuit was subsequently filed encompass both the Selkirk and Background challenging our not warranted finding Cabinet-Yaak recovery zones in the near Section 4(b)(3)(B) of the Endangered for the Selkirk ecosystem. In 1995, the future. Species Act of 1973, as amended (16 court remanded the case so that we Distinct Population Segments U.S.C. 1531 et seq.) (Act), requires that could provide additional information for any petition to revise the Lists of and analysis regarding the finding In conjunction with the National Endangered and Threatened Wildlife (Carlton v. Babbitt, 900 F. Supp. 526, Marine Fisheries Service, we adopted a and Plants that contains substantial 531–34, 537–38 (District Court of new policy regarding Recognition of scientific and commercial information, Washington, DC 1995)). Distinct Vertebrate Population Segments we make a finding within 12 months of The court found that we had under the Endangered Species Act on the receipt of the petition on whether adequately addressed issues relating to February 7, 1996 (61 FR 4722–4725). the petitioned action is—(a) not any ‘‘present or threatened destruction, This policy clarifies interpretation of the warranted, (b) warranted, or (c) modification, or curtailment of habitat phrase ‘‘distinct population segment of warranted but precluded from or range.’’ However, additional any species of vertebrate fish or immediate proposal by other pending information was requested on wildlife’’ for the purposes of listing,

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.051 pfrm04 PsN: 17MYP1 26726 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules delisting, and reclassifying species Purcell Mountains. In 1996 a subadult They must be captured or killed and under the Endangered Species Act. This male (tag 1022) that was originally reported to determine presence of ear policy has not previously been applied captured in the United States portion of tags. Research and associated marking of to the Selkirk or Cabinet-Yaak grizzly the recovery zone was killed east of animals has occurred within the bear populations. Kootenay Lake in the Purcell recovery zones and therefore can This policy directs that three elements Mountains. In 1998 another subadult document movements out of the are to be considered in a decision male (tag 1023) that was captured in the recovery zones. Documenting regarding status of a possible distinct United States portion of the Selkirk movements from the Purcell Mountains population segment as endangered or recovery zone was killed on the east into either recovery zone could only be threatened. These include: side of the Purcell Mountains. This was accomplished by marking animals in the 1. The discreteness of the population the same animal that moved west of the former area. However, the fact that segment in relation to the remainder of recovery zone in 1995. All of these movements have been observed out of the species to which it belongs; animals were identified by ear tags recovery zones, where bear population 2. The significance of the population remaining from original captures inside densities are likely lower, suggests that segment to the species to which it the recovery zone. movements into the recovery zones are belongs; and Ten of 20 bears (50 percent) captured likely. These monitoring results and 3. The population segment’s south of the international boundary in observations support population conservation status in relation to the the Yaak study area of northwest connectivity among the Selkirk and Endangered Species Act’s standards for Montana and northern Idaho were Cabinet-Yaak recovery zones and listing. monitored crossing into Canada Canadian populations north and west of Discreteness of the Selkirk and Cabinet- between 1987 and 1998 (Kasworm and the Moyie River and east of Kootenay Yaak Grizzly Bear Populations Servheen 1995, Kasworm, pers. comm.). Lake. Habitat in the Purcell Mountains No bears were captured during limited is continuous north from the A population may be considered trapping efforts in British Columbia. international boundary for at least 240 discrete if it satisfies either of the Four of these animals were adult males kilometers (150 miles) before reaching following conditions: that spent portions of the spring the Trans-Canada Highway near 1. It is markedly separated from other breeding season in Canada during Revelstoke, British Columbia. The populations of the same taxon as a various years between 1987 and 1998. Purcell Mountains are bounded on the consequence of physical, physiological, One of these males, captured in the west by Kootenay Lake and the ecological, or behavioral factors. United States, was observed courting an community of Nelson and to the east by Quantitative measures of genetic or adult female whose home range occurs the Kootenay and Columbia River morphological discontinuity may largely in Canada. Another adult female valleys with the communities of provide evidence of this separation. whose home range occurs largely in the Cranbrook and Kimberly. The west side 2. It is delimited by international United States was observed in also is bounded by Highways 95 and 93 governmental boundaries within which association with two different adult and associated developments from the differences in control of exploitation, males in Canada and subsequently international boundary 240 kilometers management of habitat, conservation produced a litter of cubs. Furthermore, (150 miles) north to the junction with status, or regulatory mechanisms exist two adult males (tag 134 and 128) Trans-Canada Highway 1 near Golden, that are significant in light of section originally captured in the United States British Columbia. Population estimates 4(a)(1)(D) of the Endangered Species were monitored up to 32 kilometers (20 for this area range from 446–577, Act. miles) north of the border and north of depending upon the amount of area Forty-four grizzly bears were captured the Moyie River in the Purcell included northwest of Kootenay Lake and collared from 1983 to 1998 in both Mountains during breeding season of (Simpson et al. 1995). the Canadian and United States portions 1987 and 1992 (10 percent of all Another potential area of linkage of of the Selkirk recovery zone (Wakkinen captured bears). these two recovery zones exists between and Johnson 1997, Wakkinen, pers. Monitoring of grizzly bears in the the southeastern edge of the Selkirk comm. 1998). Eighteen of those 44 bears Selkirk and Cabinet-Yaak recovery recovery zone and the western edge of (41 percent) had portions of their home zones has shown movement and the Cabinet-Yaak recovery zone. Less ranges in both the United States and mingling of approximately 7–10 percent than 16 airline kilometers (10 airline Canada. Four marked bears (9 percent) of marked animals from each recovery miles) separate the recovery zones in an have made significant moves outside the zone in the Purcell Mountains of area 24 kilometers (15 miles) south of recovery zone. Two of these bears southern British Columbia east of Bonners Ferry, Idaho. This area was moved west of the recovery zone. One Kootenay Lake and northwest of the identified in the grizzly bear recovery was an adult male (tag 1049) that Moyie River. This area is about 32–80 plan as a potential linkage zone and will denned west of the Salmo River in kilometers (20–50 miles) north of the be evaluated as part of recovery plan British Columbia during 1989. In 1995 juncture of the State boundaries of linkage zone analysis which is a subadult male (tag 1023) moved west Idaho and Montana and the scheduled for completion in late 1999. of the Pend Oreille River in Washington. international border with Canada. The area has a mixed ownership Three of these bears have moved east of Movements were documented on consisting of Federal, State, corporate, the recovery zone into the Canadian repeated occasions even with small and other private entities, and includes Purcell Mountains just north of the sample sizes. These percentages of Highway 95. No grizzly bears have yet Cabinet-Yaak recovery zone. In 1994 an marked animals must be viewed as been detected crossing this area between adult male (tag 13) was captured at a minimum numbers. Knowledge of these recovery zones, but given the low livestock depredation site in the movements was obtained because the density of grizzly bears in the area, and Canadian portion of the Selkirk recovery eartags were recovered at the time of no radio collared bears in the immediate zone and relocated about 32 kilometers death. Other bears originally tagged in vicinity, detection is not likely. (20 miles) north within the recovery the Selkirk or Yaak study areas may be Potential connections to other grizzly zone. Later in 1994 the same bear was present in the southern Purcell bear recovery zones from the combined killed east of Kootenay Lake in the Mountains, but have not been detected. Selkirk/Cabinet-Yaak recovery zones

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.002 pfrm04 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26727 could include the Northern Continental condition for discreteness because they Yaak and Selkirks produce a wet, dense Divide, North Cascades, Yellowstone, are not markedly separated as evidenced forest dominated largely by cedar and and Bitterroot recovery zones. Since by bear movements. However, the hemlock. These habitat types are either 1975, more than 500 grizzly bears have Selkirk and Cabinet-Yaak recovery limited or lacking in the Yellowstone been radio-collared for monitoring in all zones do appear to be markedly and Northern Continental Divide ecosystems except the Bitterroot and the separated from Northern Continental recovery areas and represent an unusual North Cascades. Not a single bear has Divide, North Cascades, Yellowstone, ecological setting for inland grizzly bear been monitored moving between any of and Bitterroot recovery zones. Because populations. these recovery zones (Servheen 1998). of the presence of the international A combined Selkirk/Cabinet-Yaak The most likely connection from the boundary, it may be more appropriate in recovery zone would encompass at least combined Selkirk/Cabinet-Yaak area to this situation to base discreteness on the 9,320 square-kilometers (3,600 square- other recovery zones would be with the second discreteness condition. Reasons miles) of the 98,420 square-kilometers Northern Continental Divide because it are detailed in the analysis of the five (38,000 square-miles) of grizzly bear is the nearest neighbor. Numerous bears listing factors. We find that the Selkirk habitat in the United States. This is have been captured and marked through and Cabinet-Yaak recovery zones are not about 9.5 percent of currently research efforts in the Northern discrete from one another, but are designated habitat, but likely represents Continental Divide recovery zone discrete from the Northern Continental a much larger fraction when compared within the United States and directly Divide, North Cascades, Yellowstone, to currently occupied habitat. The North north in British Columbia. Most notably and Bitterroot recovery zones. Cascades and Bitterroot recovery zones these efforts have occurred in the North encompass at least 38,590 square- Fork of the Flathead River in the United Significance of the Selkirk and Cabinet- kilometers (14,900 square-miles), but States and British Columbia, the East Yaak Grizzly Bear Populations there appear to be no bears remaining in Slopes Grizzly Bear study centered If a population segment is considered the Bitterroot and less than 20 animals around Banff and Jasper National Parks, discrete under one or more of the above are believed to exist in the North and the West Slopes study centered conditions, its biological and ecological Cascades. Only the Yellowstone and around Golden, British Columbia. None significance will be considered in light Northern Continental Divide recovery of these efforts have documented bears of congressional guidance (see Senate zones hold populations in excess of 100 crossing from their study areas into the Report 151, 96th Congress, 1st Session) animals. In this regard, the combined Purcell Mountains south of Golden, that the authority to list distinct Selkirk/Cabinet-Yaak becomes one of British Columbia, which is about 240 populations segments be used only three recovery areas that hold a kilometers (150 miles) north of the ‘‘sparingly’’ while encouraging the significant populations of bears. Loss of international boundary (McLellan 1999, conservation of genetic diversity. In this population would create a Gibeau 1999). Several instances of bears carrying out this examination, we will significant gap in the range of a species crossing Highway 1 within Canada’s consider available scientific evidence of that already exists as only 2 percent of Glacier National Park have been the discrete population segment’s its former numbers and on only 2 documented, but this activity also is importance to the taxon to which it percent of its original range in the 48 about 282 kilometers (175 miles) north belongs. This consideration may conterminous States. Based on these of the international boundary in the include, but is not limited to the factors, we find that these combined Purcell Mountain range. These data following: recovery zones are significant. suggest that Northern Continental Therefore, for the remainder of this Divide grizzly bear populations are 1. Persistence of the discrete population notice we will address the combined segment in an ecological setting unusual or likely distinct from the Purcell unique for the taxon, Selkirk/Cabinet-Yaak recovery zone. Mountains for at least 240 kilometers 2. Evidence that loss of the discrete Status of the Selkirk/Cabinet-Yaak (150 miles) into British Columbia. population segment would result in a Grizzly Bear Recovery Zones A recent assessment of grizzly bear significant gap in the range of a taxon, populations in the British Columbia 3. Evidence that the discrete population Section 4 of the Endangered Species region of the North Cascades indicates segment represents the only surviving natural Act and regulations (50 CFR part 424) that the population is relatively isolated occurrence of a taxon that may be more promulgated to implement the listing from other populations in British abundant elsewhere as an introduced provisions of the Endangered Species Columbia (Gyug 1998). There were no population outside its historic range, or Act set forth the procedures for adding known populations of grizzly bears 4. Evidence that the discrete population species to the Federal lists. A species immediately to the east and only segment differs markedly from other may be determined to be endangered or populations of this species in its genetic occasional sightings west and north. characteristics. threatened due to one or more of the The North Cascades appear to be at least five factors described in section 4(a)(1). 80 kilometers (50 miles) from any Both the Selkirk and Cabinet-Yaak These factors and their application to relatively continuous grizzly bear recovery zones could be considered a the Selkirk and Cabinet-Yaak population. unique ecological setting, because they populations of grizzly bears are as The information presented above contain low elevation inland habitat for follows: indicates that movement occurs and a grizzly bears. Along the Yaak River and genetic link possibly exists among on the east side of the Selkirk A. The Present or Threatened grizzly bear populations in the Selkirk Mountains significant portions of the Destruction, Modification, or and Cabinet-Yaak recovery zones. This recovery zone occur in areas between Curtailment of Its Habitat or Range connection appears to occur within 610 meters (2,000 feet) and 1,220 meters The 1975 listing of the grizzly bear British Columbia and within 32 (4,000 feet) in elevation. In both the identified a substantial decrease in the kilometers (20 miles) of the Yellowstone and Northern Continental range of the species in the conterminous international boundary. Separately the Divide recovery zones most habitat is 48 States and stated that timbering and Selkirk and Cabinet-Yaak grizzly bear well above 1,220 meters (4,000 feet) in other practices have resulted in an recovery zones do not appear to satisfy elevation. These low elevations and the increase in access road and trail the first distinct population segment Pacific maritime climate of the Cabinet- construction into formerly inaccessible

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.004 pfrm04 PsN: 17MYP1 26728 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules areas. Increased access has made bears Selkirk and Cabinet-Yaak recovery parameters are total motorized route susceptible to legal hunters, illegal zones. Most road restrictions have been density, open motorized route density, poachers, human-bear conflicts, and accomplished with gates or permanent and core area. Total motorized route livestock-bear conflicts. Since 1975, barriers. Gates have been used in cases density includes open and restricted habitat protection measures have where restrictions are seasonal to roads and motorized trails. Open focused on providing secure habitat for protect specific habitat at critical times motorized route density includes roads bears that lessens opportunity for of the year or in areas that are scheduled and trails open to public motorized use. human-caused mortality. for additional timber management. Both parameters are displayed as a The United States portion of the Recently land managers have begun percentage of the analysis area in a Selkirk recovery zone is approximately obliterating some roads and returning defined density category (e.g., 20 80 percent Federal, 15 percent State, the land to its natural contour (Idaho percent greater than 3.2 kilometers per and 5 percent private lands. The Panhandle National Forest 1998, square kilometer (2.0 miles per square Cabinet-Yaak recovery zone is Kootenai National Forest 1998). mile)). Core area is the percentage of the approximately 90 percent Federal, 5 Three ranger districts on the Idaho analysis area that contains no motorized percent State, and 5 percent private Panhandle National Forest administer travel routes or any restricted roads lands. The Kootenai, Idaho Panhandle, portions of the Selkirk and Cabinet-Yaak upon which administrative use may Colville, and Lolo National Forests recovery zones. Thirty-eight percent of occur. Core areas may contain roads that administer Federal lands within one or the 4627 kilometers (2,876 miles) of are impassible due to permanent both of these recovery zones. However, system roads on these districts have barriers or vegetation. The report the Kootenai and Idaho Panhandle some form of restricted access (Idaho recommended that for each recovery National Forests alone administer over Panhandle National Forest 1998). The zone specific criteria be developed for 85 percent of these Federal lands. In Kootenai National Forest has 57 percent route densities and core areas based on 1992, 420 square-kilometers (162 of its 12,000 kilometers (7,460 miles) of female grizzly bears monitored in the square-miles) of habitat was added to roads under some form of restricted recovery zone, other research results, the Selkirk recovery zone in the United access (Kootenai National Forest 1998). and social or other management States. The area was added because of Most of these restrictions occur in considerations. frequent use by radio-collared bears grizzly bear habitat. Access management The interagency group of managers for during spring (Wakkinen and Zager has been monitored through Forest Plan the Selkirk and Cabinet-Yaak recovery 1992). Most of that land is under criteria that measure Habitat zones are adopting new interim access jurisdiction of the U.S. Forest Service Effectiveness. These criteria are applied rules during 1999 (Interagency Grizzly with some State of Idaho land and some on subunits of the recovery zone known Bear Committee 1998). The interim private land. In 1997, the Kootenai as Bear Management Units (BMUs) period will extend for 3 years. Existing National Forest completed a land which were expected to be about 260 Forest Plan standards will remain in exchange in which 8,670 hectares square-kilometers (100 square-miles) place during the interim period, but (21,422 acres) of land owned by Plum and contain all seasonal ranges additional goals will be developed Creek Timber Company were placed in necessary for an adult female grizzly taking into account monitoring results public ownership. Almost all of this bear. A criterion defined in the Kootenai from collared bears (Wakkinen and land was within the Cabinet-Yaak Forest Plan is that 70 percent or greater Kasworm 1997). Additional goals grizzly bear recovery zone. In the British of the BMU will be effective habitat. The relating to cores were adopted for a Columbia portion of the Selkirk criterion defined in the Idaho subset of BMUs determined by a priority recovery zone, about 65 percent is Panhandle Forest Plan is that 181 ranking based on sightings of grizzly crown land (public) and 35 percent is square-kilometers (70 square-miles) or bears, sightings of female bears with private. The portion of British Columbia greater of the BMU will be effective young, and grizzly bear mortality. directly north of the Cabinet-Yaak is habitat. Effective habitat is defined as Priority 1 BMUs would have a goal of largely crown land with the exception of area outside the zone of influence (0.25 55 percent core area during the interim the Moyie and Kootenay River valleys. mile) of activities on open roads, active period. In place of specific goals for Two large silver and copper mines timber sales, or active mining open and total motorized route densities have been proposed within the Cabinet operations. In 1990, 9 of 21 BMUs in the in priority 1 BMUs, the committee of Mountains. In 1993 the Kootenai Cabinet-Yaak were below standard and managers adopted a policy of no net National Forest issued an approval to 2 of 7 BMUs were below standard in the increase in either of these parameters for Noranda Minerals Corporation for the Selkirk recovery zone. In 1997, 7 of 21 the interim period. The policy for BMUs Montanore project, but there has been BMUs in the Cabinet-Yaak was below not designated priority 1 includes no no construction at the site. This mine is standard and 1 of 8 BMUs was below net decrease in cores and no net projected to operate for 16 years and to standard in the Selkirk recovery zone increase in open and total motorized extract 18,000 metric tons (20,000 short (Kootenai National Forest 1998, Idaho route densities. Seventeen of 32 BMU’s tons) of ore per day. Asarco’s Rock Panhandle National Forest 1998). were designated priority 1 and will be Creek Mine proposal is currently being Cabinet-Yaak BMUs not meeting the subject to the new goals. The committee analyzed with a decision expected in criterion varied from 57–68 percent of managers requested additional 1999. If approved it would operate for effective habitat. The BMU not meeting analysis during the interim period. The about 30 years, extracting 9,000 metric the standard in the Selkirks was at 179 report analyzing results from collared tons (10,000 short tons) of ore per day. square-kilometers (69 square-miles). bears was not able to integrate habitat These mine sites are about 10 kilometers Access management also has been quality with road effects because habitat (6 miles) apart with one on each side of addressed by an interagency task force data was not yet available (Wakkinen the Cabinet Mountains Wilderness that produced recommendations to and Kasworm 1997). Habitat quality (Kootenai National Forest 1998). standardize definitions and methods data will be developed and integrated Access management in the form of (Interagency Grizzly Bear Committee into additional analysis of roads on restrictions on motorized vehicle use of 1994). This report identified three grizzly bears during the interim period. some roads originated in the late 1970s parameters that are recommended as Forestry, mining, recreation, and road on the National Forests within the part of access management. These building also affect grizzly bear habitat

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.006 pfrm04 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26729 in British Columbia. In 1995 the British and that the Identified Wildlife recommendations for higher level Columbia provincial government Management Strategy has not been planning at the level of grizzly bear developed a grizzly bear conservation implemented to protect critical habitats population units which are currently strategy (British Columbia Ministry of of grizzly bear under the Forest being delineated (Forest Practices Code Environment, Lands, and Parks 1995). Practices Code.’’ 1999). These recommendations are not The strategy’s mandate is to ensure the The provincial ministry has mandatory and may be modified based continued existence of grizzly bears and responded to these criticisms and on the capability of the land to support their habitats for future generations. The recently released the Identified Wildlife grizzly bears, current condition or strategy has four goals: Management Strategy as part of the effectiveness of the habitat, status of the 1. To maintain in perpetuity the Forest Practices Code (British Columbia grizzly bear population, and other heterozygosity and abundance of grizzly Ministry of Environment, Lands, and resource objectives. Some bears and the ecosystems. Parks 1998a). recommendations made include— 2. To improve the management of grizzly The Forest Practices Code was minimize open road densities to 0.6 bears and their interactions with humans. recently updated with specific kilometer per square kilometer (0.36 3. To increase public knowledge of grizzly prescriptions for grizzly bear habitat mile per square mile) of habitat, bears and their management. under the Identified Wildlife deactivate and revegetate temporary 4. To increase international cooperation in Management Strategy (Forest Practices management and research of grizzly bears. roads, consider closing access in Code 1999). It should be noted that subbasins of important grizzly bear A major goal of the British Columbia these prescriptions have not yet been valleys for 50 years after timber Grizzly Bear Conservation Strategy is to applied because they are new (February management, and schedule forestry ensure effective, enhanced protection 1999) and will require monitoring to activities to avoid displacing bears from and management of habitat through land determine their effectiveness in preferred habitat during periods of use planning processes, new protected protecting grizzly bear habitat on crown seasonal use. If these recommendations areas, and the Forest Practices Code. lands. However, it is useful to examine are implemented, they could represent a Many of these processes are ongoing, what is proposed to be protected under step toward significant habitat and have not had the opportunity to this body of regulation. Wildlife Habitat protection measures for grizzly bears in achieve the stated goals of grizzly bear Areas (WHAs) will be established based British Columbia. habitat protection. on grizzly bear population and habitat The British Columbia Protected Area Canadian coordination and objectives consistent with the Grizzly Strategy seeks to enlarge the area of the cooperation have been strengthened Bear Conservation Strategy. These province set aside in parks and through participation in the Interagency WHAs will fall into two categories— protected areas from 7–12 percent by Grizzly Bear Committee composed of security and foraging. Security WHAs the year 2000. Protected areas include State and Federal branches of the are intended to maintain ecological national parks, provincial parks, and United States government with integrity of critical habitat patches and other designations that are quite similar jurisdiction over management of grizzly to ensure security of the bears using to the United States wilderness bears and their habitat. We have a these patches. Foraging WHAs attempt designation. British Columbia has scientific representative on the British to compensate for habitat alteration, increased the amount of area in Columbia Grizzly Bear Scientific degradation, or loss of important areas protected areas from 6.8 percent of the Advisory Committee, which makes in landscape units by maintaining province in 1990 to 10.6 percent of the recommendations directly to the habitat values in other areas. They also province in 1997 and appears to be Minister of Environment concerning may be established to maintain security, within reach of their goal of 12 percent grizzly bear policy and management. thermal cover, or linkage among by the year 2000 (British Columbia This committee is composed of important habitats. Priority for WHA Ministry of Environment, Lands, and government and independent grizzly establishment will be in districts Parks 1998b). The goal of 12 percent bear scientists from Canada and a adjoining United States grizzly bear protected areas has been applied to the scientific representative from the United habitat along the international entire province and there are some States (U.S. Fish and Wildlife Service boundary. These are areas where the regions within the province that may Grizzly Bear Recovery Coordinator) who British Columbia government has have more or less than the goal. The review all aspects of grizzly bear identified the conservation status of province was divided into 11 management and research policy in these populations as threatened. This ecoprovinces and 112 subunits known British Columbia. designation should not be confused as ecosections. The ecoprovince just The committee was recently critical of with the United States designation as north of the Selkirk, Cabinet-Yaak, and the government of British Columbia ‘‘threatened’’ under the Endangered Northern Continental Divide recovery regarding commitment and timely Species Act, rather it is a provincial zones is referenced as the Southern implementation of the Grizzly Bear method for identifying populations that Interior Mountains. The percentage of Conservation Strategy (British Columbia may be threatened with decline. protected areas in this region has Grizzly Bear Scientific Advisory Specific objectives for security WHA’s increased from 11.3 percent in 1990 to Committee 1998). In the 1998 report include no road or trail building and no 16.1 percent in 1997. The subunit that card issued by the committee, 18 grades forestry practices unless they are comprises the Selkirk recovery zone were given—1 ‘‘A,’’ 2 ‘‘B’s,’’ 5 ‘‘C’s,’’ 4 designed to restore or enhance degraded (Southern Columbia Mountains) has ‘‘D’s,’’ and 6 ‘‘F’s.’’ Grades of ‘‘A’’ and habitat. Specific objectives for foraging increased from 0.3 percent in 1991 to ‘‘B’’ were given for international liaison, WHA’s include timber harvest without 6.4 percent in 1997 and the subunit bear viewing, and education. Most roading, deactivation of nonpermanent directly north of the Cabinet-Yaak habitat protection grades were F’s, and roads after harvest, practices other than recovery zone (McGillivray Range) has the key area of funding also received an clearcutting to maintain cover, and increased from 0.1 percent in 1991 to F. Two major criticisms were that ‘‘no practices that stimulate regrowth of 1.3 percent in 1997. Grizzly Bear Management Areas have forage species for bears. Habitat protection measures been established to ensure benchmark, Other recent additions to the Forest implemented in the United States linkage and core areas are delineated Practices Code include portion of the Selkirk and Cabinet-Yaak

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.008 pfrm04 PsN: 17MYP1 26730 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules recovery areas since listing in 1975 have the highest densities of bears on their Mortality improved and protected grizzly bear respective sides of the border. However, In our 1996 submission to the court, habitat. However, several large mines in grizzly bears do occur on lands outside we failed to include three mortalities in Montana, if approved, may threaten the study area. Sightings of grizzly bears 1993 and 1995, and we have received bears, and access standards established have occurred in all 10 subunits of the information on additional mortalities by the U.S. Forest Service and the United States portion of the recovery from the British Columbia Fish and Service have not been met in their zone and sightings of females with Wildlife Branch and Idaho Department entirety. In British Columbia, habitat young have occurred in 8 of 10 of those of Fish and Game from 1982 through protection is not controlled by the same subunits from 1994–1997 1998. We analyzed mortality summaries Endangered Species Act and Canada has (Wakkinen and Johnson 1996, from both the Cabinet-Yaak and the no similar legislation, although the Interagency Grizzly Bear Committee Selkirks, including mortalities of bears British Columbia Grizzly Bear 1998). The Wielgus United States study within the recovery zone, as well as Conservation Strategy is an important area was the equivalent of only three of bears captured within the recovery zone step toward grizzly bear conservation. those subunits. Over one-half of United that subsequently died outside the Habitat modification in Canada, States and Canadian mortality has recovery zone. We included three particularly in the linkage zone, could occurred outside the study area mortalities that occurred well outside isolate populations. We will begin boundaries. the recovery zone to provide a discussions to reevaluate the existing These data indicate that there are conservative estimate of mortality rates. additional bears living outside the recovery zone line in Canada and Total known mortality for the Selkirks Wielgus et al. (1994) study area determine if additional linkages may be was 34, and known human-caused boundaries. We conservatively estimate beneficial to grizzly bear conservation. mortality was 26 from 1982–1998. Total that grizzly bear density outside the We will continue to monitor and make known mortality for the Cabinet-Yaak study area might be much smaller, recommendations regarding grizzly bear was 14 and known human-caused possibly 25 percent of the study area conservation strategies within British mortality was 10 from 1982–1998. The density estimated by Wielgus et al. Columbia. known human-caused mortality rate At this point in time, we feel that (1994). Applying 25 percent of these was 1.53 deaths per year in the Selkirks protective measures have not achieved density estimates to their respective and 0.59 deaths per year in the Cabinet- desired goals for habitat protection in portions of the recovery zone outside Yaak. The grizzly bear recovery plan either the United States or Canada. the study area results in eight additional Because this may pose a significant bears in Canada and seven additional (U.S. Fish and Wildlife Service 1993) threat to the grizzly bear population in bears in the United States. Combining estimated that known human-caused the Selkirk/Cabinet-Yaak recovery zone, this estimate of 15 bears outside the mortality represented 67 percent of total endangered status for that population is study areas with the estimate of 31 human-caused mortality. Recent warranted. within the study areas results in a research indicates that known human- conservative population estimate of 46 caused mortality may represent only 50 B. Overutilization for Commercial, for the entire Selkirk recovery zone. percent of total human-caused mortality Recreational, Scientific, or Educational In the case of the Cabinet-Yaak in the northern grizzly bear recovery Purposes recovery zone, separate population zones (McLellan et al. in press). An assessment of overutilization estimates were made for the Cabinet However, it should be noted that the should consider current grizzly bear Mountains and the Yaak River drainage. authors determined this proportion on population size and mortality occurring The Cabinet Mountains lie south of the the basis of radio-collared bears whose within the Selkirk/Cabinet-Yaak Yaak River drainage and contain about mortality would not have been known recovery zone. 60 percent of the recovery zone. In the without the collars. Therefore, Cabinet Mountains the population was application of this correction factor to Population Size estimated to be 15 bears or fewer in known human-caused mortality should In the Selkirk recovery zone, Wielgus 1988 (Kasworm and Manley 1988). recognize that mortality determined et al. (1994) estimated densities of 3.65 There is insufficient data to because of a radio collar should not bears per 260 square-kilometers (100 dramatically change that estimate, but have the correction factor included. Five square-miles) of the 873-square since then the population was of 26 human-caused mortalities from the kilometer (337-square mile) United augmented with four young females, Selkirk recovery zone were located on States study area and 6.03 bears per 260 and there have been sightings of the basis of radio telemetry. Two of the square-kilometers (100 square-miles) of individual bears in 6 of 10 BMU’s that 10 mortalities from the Cabinet-Yaak the 816-square kilometer (315-square make up the Cabinet Mountains, with recovery zone were located on the basis mile) Canadian study area. This results sightings of females with young in 4 of radio telemetry. Applying the 50 in population estimates of 12 bears in BMU’s since the completion of percent correction factor to the the United States study area and 19 transplants (Kasworm et al. 1998, remaining known human-caused bears in the Canadian study area. The Interagency Grizzly Bear Committee mortalities results in a total estimate of Selkirk recovery zone encompasses 1998). The Yaak River drainage adjoins 47 mortalities for the Selkirks and 18 for 5,069 square-kilometers (1,957 square- grizzly bear habitat in British Columbia the Cabinet-Yaak from 1982–1998. miles), of which 2,800 square-kilometers and contains about 40 percent of the Average annual mortality would be 2.76 (1,081 square-miles) are in the United recovery zone. In the Yaak, for the Selkirks and 1.06 for the Cabinet- States and 2,269 square-kilometers (876 unduplicated counts of bears over 3- Yaak. Based upon a population size of square-miles) are in Canada. These year intervals and total counts for the 46 for the Selkirks, the annual known study areas represent only 33 percent of period of 1989–1998 indicate a and unknown human-caused mortality the recovery zone. Application of the minimum population of 21–27 animals rate is 6.0 percent for 1982–1998. Based study area densities to the entire (Kasworm 1999a). Based on these data, upon a population size of 30–40 for the recovery zone would not be appropriate the population of the Cabinet-Yaak Cabinet-Yaak, the annual known and because the study areas were selected in recovery zone can be conservatively unknown mortality rate would be 2.7– part because they were believed to hold estimated at 30–40 grizzly bears. 3.5 percent. Combining the human-

VerDate 06-MAY-99 10:56 May 14, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\A17MY2.010 pfrm04 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26731 caused mortality data from both methods followed those described by of incidence are unknown but recovery zones results in average annual Mace and Waller (1998). The estimated monitoring will continue. mortality of 3.82 bears per year. Based finite rate of increase (λ) from 1983– Mortality summaries from the on a combined population of 76–86, the 1998 was 1.023 (95 percent confidence Yellowstone Ecosystem for 1959–1987 annual known and unknown human- interval = 0.917–1.124) for the Selkirks did not identify disease as a significant caused mortality rate would be 4.4–5.0 and 1.100 (0.971–1.177) for the Cabinet- factor resulting in mortality (Craighead percent. Four mortalities within the Yaak (Wakkinen and Kasworm 1999). et al. 1988). Only 1 of 477 known British Columbia portion of the Selkirk Bear years of monitoring information mortalities was attributed to disease or recovery zone were legal kills during the available for these calculations were parasites. Thirty-eight mortalities could grizzly bear hunting season. This 85.3 for the Selkirks and 56.0 for the not be identified by cause and some of hunting season was closed in 1995. Cabinet-Yaak. These estimates equate to these may have been related to disease The grizzly bear recovery plan cites a an annual exponential rate of increase or parasites, but these factors do not modeling procedure by Harris (1986) (r) of 2.3 percent for the Selkirks and 9.5 appear to be significant causes of that estimated grizzly bear populations percent for the Cabinet-Yaak. mortality affecting Yellowstone grizzly could sustain a 6 percent rate of human- Confidence intervals do encompass 1.0 bears. Mortality summaries from the caused mortality. The use of this model or a stable population, and we are Selkirk/Cabinet-Yaak recovery zone on smaller populations than those unable to conclude that these rates indicate natural mortality accounted for modeled by Harris (approximately 450) statistically reflect an increasing 17 percent of total known mortality. has been debated. This model population. Furthermore, sensitivity The Montana Department of Fish, considered an isolated population testing of the modeling results suggests Wildlife, and Parks operates a Wildlife where no ingress or egress is possible. that the addition of one additional Laboratory at Bozeman. One of the Though populations in the Selkirk/ subadult female mortality in the Selkirk Laboratory’s objectives is to necropsy Cabinet-Yaak recovery zone are well radio collar sample could push these wildlife specimens suspected of being below this level even when combined, rates into decline with a projected λ = diseased, parasitized, or dying of radio monitoring data indicates there is 0.974 (0.855–1.105). The annual unknown causes, to identify the cause egress from these populations to a exponential rate of increase (r) in this of death (Aune and Schladweiler 1995). common area and therefore these case would be –2.6 percent. However, Tissue samples are examined by populations are connected to a much the previous calculation of rates with Veterinary Pathologists at the State larger population extending north into these techniques for the Selkirks from Diagnostic Laboratory. Though disease British Columbia. This population has 1983–1994 produced a λ = 0.976 and was not considered a threat at the time been estimated to be 446–577 (Simpson from 1983 to 1996 produced a λ = 0.994 of listing, we will continue to have dead et al. 1995), not including either of the (Servheen et al. 1995 and Wakkinen grizzly bears processed through a recovery zones, and may be much larger 1996). Combining the samples from the laboratory to determine cause of death based upon ingress and egress with Cabinet-Yaak and the Selkirks for 1983 and to maintain baseline information on other British Columbia grizzly bear to 1998 produced an intermediate λ = diseases and parasites occurring in populations. Ingress and egress also 1.059 (0.985–1.126) in which the grizzly bears. This action will serve to improve population viability by confidence interval still includes 1.0. continue monitoring of these agents as providing sources of repopulation in the Grizzly bear populations in the potential mortality sources. If disease is event of stochastic events that might Selkirk/Cabinet-Yaak recovery zone later determined to be a threat, we will radically depress the population, such appear to be responding to protective evaluate and adopt specific measures to as weather patterns dramatically measures that reduce mortality. control the spread of any disease agent affecting food supplies for several Population trends are inconclusive, but and treat infected animals, where such consecutive years. The Harris (1986) it does not appear that reclassification is measures are possible. These measures model further stated that human-caused warranted because of overutilization will depend on the disease agent mortality of females should not exceed alone, as long as habitat connectivity in identified. 30 percent of the total. Human-caused Canada is maintained. Should Mortality of grizzly bears through female mortality was 26 percent for the populations show decline because of predation has been mostly attributed to Selkirks and 33 percent for the Cabinet- increased mortality we will reconsider conspecifics (Interagency Grizzly Bear Yaak (see Table 1). Combining data from our position on this factor. Committee 1987). Predation was both recovery zones results in female commonly associated with adult males C. Disease or Predation mortality at 28 percent. killing smaller individuals. Seventeen This factor was not identified as a percent of all known mortality from the Population Trend threat to grizzly bears in the original Selkirk/Cabinet-Yaak recovery zone was Application of new computer listing. The recovery plan indicates that of natural causes, some portion of which modeling techniques allows calculation parasites and disease do not appear to may have been related to predation by of finite rate of increase of the be significant causes of natural mortality conspecifics. Monitoring of this factor population (lambda λ) with a among bears (Jonkel and Cowan 1971, will continue, but disease and predation confidence interval (Hovey and Kistchinskii 1972, Mundy and Flook do not appear to be limiting the McLellan 1996, Mace and Waller 1998). 1973, Rogers and Rogers 1976). Research population. Though not a specific recovery criterion, in Alaskan grizzly bears has shown this information is available for both previous exposure by some grizzly bears D. The Inadequacy of Existing recovery zones. Calculation of the rate is to rangiferine brucellosis and Regulatory Mechanisms based upon survival and reproduction leptospirosis, though impacts to As a threatened species, the grizzly of female radio-collared bears. Specific populations are unknown (Zarnke bear receives protection under the parameters used include—adult female 1983). The most common internal Endangered Species Act from illegal survival, subadult female survival, parasite noted in grizzly bears is take. All Federal actions in grizzly bear yearling survival, cub survival, age at Trichinella for which 62 percent of habitat undergo biological evaluations first parturition, reproductive rate, and grizzly bears tested positive from 1969– and consultation under section 7 of the maximum age of reproduction. Specific 1981 (Greer 1982). Effects of these levels Act. The State of Idaho receives section

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6 funding under the Act to assist grizzly because of these low numbers are more further fragmentation of grizzly bear bear research and management. We have vulnerable to environmental events habitat. These projects also can provide further assisted these research projects such as floods, droughts, or fires. opportunities to improve crossing by providing personnel to capture and Grizzly bears tend to live at low opportunities for grizzly bears and other radio-collar bears which have been the densities and have large annual ranges forms of wildlife. There are several source of most information about these that enable them to survive catastrophic examples of radio-collared grizzly bears animals in the Selkirk recovery zone. events occurring in a portion of their crossing existing major highways in the We maintain staff located within the range. Grizzly bears as a species have Selkirk/Cabinet-Yaak recovery zone, Cabinet-Yaak recovery zone to assist evolved under these conditions at low specifically Highways 200, 56, and 92 in with management and conduct research densities. The fires within the the United States portion of the recovery to monitor survivorship, movement Yellowstone recovery zone in 1988 zone and Highways 3 and 3A in British patterns, and reproductive success. burned approximately 485,600 hectares Columbia. We do not have similar The U.S. Forest Service administers (1.2 million acres). Two of 38 radio- information for Highway 2 or Highway public lands that account for 80–90 collared grizzly bears were missing after 95, but bear populations adjacent to percent of these recovery zones. We the fires and were initially presumed to those highways are low and there are review forest management plans and have been killed. However, subsequent currently no radio-collared bears in individual actions on the forest under capture activities in the area produced close proximity to those highways. We section 7 of the Act. All plans have one of the missing animals (Blanchard have begun a study of high-speed habitat protection measures specifically and Knight 1990, Haroldson, pers. highways on the periphery of Glacier identified for grizzly bears known as the comm.). The remaining missing animal National Park. Results from that study Interagency Grizzly Bear Guidelines was a female with cubs of the year. may prove useful in identifying impacts (1986). Individual Forest Plan standards The large home ranges of grizzly related to grizzly bears and making most commonly apply to motorized bears, particularly males, enhance recommendations on future highway vehicle access management, but also genetic diversity in the population by design and construction to maintain protect movement corridors and cover enabling males to mate with numerous crossing opportunities. We are for bears. New Forest Plans being females. In the Cabinet-Yaak recovery specifically concerned about increasing drafted by the U.S. Forest Service will zone a male bear had a home range of traffic levels and future improvements undergo similar review. over 2,850 square-kilometers (1,100 to the highway system such as creation The States of Idaho, Montana, and square-miles) from 1987–1992 of additional lanes for traffic. We will Washington have maintained closed (Kasworm and Servheen 1995). This have an opportunity to monitor these hunting seasons for grizzly bears since same animal was seen with a female activities within the United States the animal was listed in 1975. British grizzly bear late in the breeding season through section 7 review of all Federal Columbia closed the hunting season in of 1992, after having been monitored 64 actions while these populations remain the Selkirk recovery zone in 1995 and kilometers (40 miles) northwest in the listed under the Endangered Species the area directly north of the Cabinet- southern Purcell Mountains of British Act. Yaak recovery zone in the 1970s. Columbia for 2 weeks early in the Almost half of the existing Selkirk breeding season. Grizzly bears have a By virtue of the small population in recovery zone and all of the identified promiscuous mating system. A single the Selkirk/Cabinet-Yaak recovery zone linkage with the Cabinet-Yaak recovery radio-collared adult female from the and low reproductive rate of bears in zone is in Canada. Legally mandated Cabinet-Yaak was observed over a general, we find that the Selkirk/ habitat protection measures such as period of 8 years with at least four Cabinet-Yaak recovery zone warrants those described in the United States are different males prior to producing four endangered status. absent or only recently being litters of cubs, with more than one male Finding implemented in Canada such that their present during at least two of those effectiveness cannot be judged at this breeding seasons (Kasworm 1999b). We have carefully assessed the best time (see discussion under Factor A). Though we do not know that all these scientific and commercial information Ursus arctos horribilis is included in males successfully mated with this available regarding the past, present, Appendix II of the Convention on female, these observations indicate the and future threats faced by this recovery International Trade in Endangered ability of female bears even in this small zone. Based on this evaluation, we find Species of Wild Fauna and Flora population to have several mates. that the grizzly bears in the combined (CITES). The CITES is an international Recent genetic studies have determined Selkirk/Cabinet-Yaak recovery zone are treaty established to prevent that cubs from the same litter may have in danger of extinction due to—(1) international trade that may be different fathers (Craighead et al. 1998). habitat alteration and human intrusion detrimental to the survival of plants and These evolutionary strategies allow into grizzly bear habitat, and (2) a small animals. A CITES export permit must be grizzly bears to exist at low population population facing potential isolation by issued by the exporting country before density and maintain genetic diversity. activities across the border in Canada. an Appendix II species may be shipped. However, linkage zone loss, as Cumulative impacts of recreation, A CITES permit may not be issued if the discussed under Factor A, may have a timber harvest, mining, and other forest export will be detrimental to the significant impact on bears in the uses with associated road construction survival of the species or if the United States by isolating the relatively have reduced the amount of effective specimens were not legally acquired. small population in the Selkirk/Cabinet- habitat for grizzly bears. Access However, CITES does not itself regulate Yaak, disrupting gene flow between the management plans have the potential to take or domestic trade. two zones and making the bears more reduce this threat, but have not been vulnerable to random events. fully implemented. New regulatory E. Other Natural or Manmade Factors High-speed highways are an mechanisms are being proposed in Affecting its Continued Existence important factor in grizzly bear habitat Canada, but we have no basis to judge Grizzly bears in the combined that can affect habitat use and cause their likelihood of implementation and Selkirk/Cabinet-Yaak recovery zone direct mortality. Highway effectiveness at this time. We will number less than 100 animals and reconstruction or expansion can lead to continue to work with Canada to ensure

VerDate 06-MAY-99 15:55 May 14, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\17MYP1.XXX pfrm03 PsN: 17MYP1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Proposed Rules 26733 that the existing linkage zone in Canada processing of proposed listings to add listing priority numbers are higher than is maintained. new species to the lists of threatened the listing priority number of 6 Prior to this notice, we reviewed the and endangered species receives higher currently given to reclassification of the status of the finding on the Cabinet- priority than reclassifications of already grizzly bear in the North Cascades and Yaak population in September 1992, listed species. Because we must devote the Cabinet-Yaak ecosystems. March 1996, and June 1998. In these listing funds to addressing high priority We affirm that the Selkirk/Cabinet- reviews, we determined that the threats candidate species, preparation of a Yaak recovery zone of grizzly bears to the grizzly bear populations in the proposed rule to reclassify the grizzly continues to face threats of high Cabinet-Yaak ecosystem remained of bear in the Selkirk/Cabinet-Yaak magnitude that are nonimminent, and, high magnitude and of a nonimminent recovery zone is warranted but therefore, are assigned a listing priority nature and that a listing priority of 6 for precluded by higher listing priorities. of 6. Work on species with a listing the petitioned reclassification remained The Notice of Review of Plant and priority of 6 is precluded by work on appropriate. Animal Taxa published in the Federal species of a higher priority. On December 6, 1996, we adopted a Register on September 19, 1997 (62 FR listing priority guidance for Fiscal Year 49397), provided a discussion of the References Cited 1997 (61 FR 64475) and this guidance expeditious progress made in the past was extended on October 23, 1997. year on listing decisions and findings on A complete list of references cited in Final listing priority guidance for Fiscal recycled petitions throughout all regions this notice is available upon request Year 1998 and Fiscal Year 1999 was of the Service. In that publication, we from the Grizzly Bear Recovery published in the Federal Register on provided notice of review of 18 recycled Coordinator (see ADDRESSES section). May 8, 1998 (63 FR 25502). Both the petitions and described our progress in Author: The primary author of this Fiscal Year 1997 and 1998/1999 completing final listing actions for 152 document is Wayne Kasworm (see guidance described a multi-tiered listing taxa, proposed listing actions for 23 ADDRESSES section). approach that assigns relative priorities taxa, and a proposed delisting action for Authority to listing actions to be carried out under 1 taxa. section 4 of the Endangered Species Act. Since publication of the 12-month The authority for this action is the This guidance supplements, but does finding on the Cabinet-Yaak ecosystem Endangered Species Act of 1973 as not replace the 1983 listing priority in 1993, we have made expeditious amended (16 U.S.C. 1531 et seq.). guidelines. progress in making listing decisions on Grizzly bear reclassification from 19 candidate species in the Mountain- Dated: May 6, 1999. threatened to endangered status in the Prairie Region (Region 6). At the present Jamie Rappaport Clark, Selkirk/Cabinet-Yaak recovery zone falls time, there are an additional 16 Director, Fish and Wildlife Service. into Tier 2 under Fiscal Year 1998 and candidate species with listing priority [FR Doc. 99–12318 Filed 5–14–99; 8:45 am] 1999 guidance. Determinations and numbers of 1–5 in Region 6. These BILLING CODE 4310±55±P

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Notices Federal Register Vol. 64, No. 94

Monday, May 17, 1999

This section of the FEDERAL REGISTER shall begin on or after the date of this Commonwealth of Puerto Rico or only contains documents other than rules or publication. one Ranger District will appear in the proposed rules that are applicable to the FOR FURTHER INFORMATION CONTACT: Jean principal newspaper elected by the public. Notices of hearings and investigations, Paul Kruglewicz, Regional Appeals National Forest of that state or Ranger committee meetings, agency decisions and District. rulings, delegations of authority, filing of Coordinator, Southern Region, Planning, petitions and applications and agency 1720 Peachtree Road, NW, Atlanta, National Forests in Alabama, Alabama statements of organization and functions are Georgia, 30367–9102, Phone: 404–347– examples of documents appearing in this 4867. Forest Supervisor Decisions section. SUPPLEMENTARY INFORMATION: Deciding Montgomery Advertiser, published daily Officers in the Southern Region will in Montgomery, AL give legal notice of decisions subject to District Ranger Decisions DEPARTMENT OF AGRICULTURE appeal under 36 CFR part 217 and the Bankhead Ranger District: Northwest Forest Service Responsible Officials in the Southern Region will give notice of decisions Alabamian, published weekly Newspapers To Be Used for subject to appeal under 36 CFR part 215 (Monday & Thursday) in Haleyville, Publication of Legal Notice of in the following newspapers which are AL Conecuh Ranger District: The Andalusia Appealable Decisions and Publication listed by Forest Service administrative Star News, published daily (Tuesday of Notice of Proposed Actions for unit. Responsible Officials in the through Saturday) in Andalusia, AL Southern Region; Alabama, Kentucky, Southern Region will also give notice of Oakmulgee Ranger District: The Georgia, Tennessee, Florida, proposed actions under 36 CFR part 215 Tuscaloosa News, published daily in Louisiana, Mississippi, Virginia, West in the following principal newspapers Tuscaloosa, AL Virginia, Arkansas, Oklahoma, North which are listed by Forest Service administrative unit. The timeframe for Shoal Creek Ranger District: The Carolina, South Carolina, Texas, Anniston Star, published daily in Puerto Rico comment on a proposed action shall be based on the date of publication of the Anniston, AL Talladega Ranger District: The Daily AGENCY: Forest Service, USDA. notice of the proposed action in the Home, published daily in Talladega, ACTION: Notice. principal newspaper. The timeframe for AL appeal shall be based on the date of SUMMARY: Deciding Officers in the Tuskegee Ranger District: Tuskegee publication of the legal notice of the Southern Region will publish notice of News, published weekly (Thursday) decisions in the principal newspaper for decisions subject to administrative in Tuskegee, AL both 36 CFR parts 215 and 217. appeal under 36 CFR parts 215 and 217 Where more than one newspaper is Caribbean National Forest, Puerto Rico in the legal notice section of the listed for any unit, the first newspaper Forest Supervisor Decisions newspapers listed in the Supplementary listed is the principal newspaper that Information section of this notice. As will be utilized for publishing the legal El Nuevo Dia, published daily in provided in 36 CFR part 215.5(a) and 36 notice of decisions. Additional Spanish in San Juan, PR CFR part 217.5(d), the public shall be newspapers listed for a particular unit San Juan Star, published daily in advised through Federal Register are those newspapers the Deciding English in San Juan, PR notice, of the principal newspaper to be Officer expects to use for purposes of utilized for publishing legal notice of Chattahoochee-Oconee National Forest, providing additional notice. The Georgia decisions. Newspaper publication of timeframe for appeal shall be based on notice of decisions is in addition to the date of publication of the legal Forest Supervisor Decisions direct notice of decisions to those who notice of the decisions in the principal The Times, published daily in have requested notice in writing and to newspaper. Gainesville, GA those known to be interested in or The following newspapers will be affected by a specific decision. In used to provide notice. District Ranger Decisions addition, the Responsible Official in the Armuchee Ranger District: Walker Southern Region Southern Region will also publish County Messenger, published bi- notice of proposed actions under 36 Regional Forester Decisions weekly (Wednesday & Friday) in CFR 215 in the newspapers that are Affecting National Forest System LaFayette, GA listed in the Supplementary Information Toccoa Ranger District: The New lands in more than one state of the 13 section of this notice. As provided in 36 Observer published weekly states of the Southern Region and the CFR part 215.5(a), the public shall be (Wednesday) in Blue Ridge, GA Commonwealth of Puerto Rico. advised, through Federal Register Brasstown Ranger District: North Atlanta Journal, published daily in notice, of the principal newspapers to Georgia News, published weekly Atlanta, GA be utilized for publishing notice on (Wednesday) in Blairsville, GA proposed actions. Southern Region Tallulah Ranger District: Clayton DATES: Use of these newspapers for Tribune, published weekly purposes of publishing legal notice of Regional Forester Decisions (Thursday) in Clayton, CA. decisions subject to appeal under 36 Affecting National Forest Systems Chattooga Ranger District: Northeast CFR parts 215 and 217, and notice of lands in only one state of the 13 states Georgian, published twice weekly proposed actions under 36 CFR part 215 of the Southern Region and the (Tuesday & Friday) in Cornelia, GA

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Chieftain & Toccoa Record, published Redbird Ranger District: Manchester Deerfield Ranger District: Daily News twice weekly (Tuesday & Friday) in Enterprise, published weekly Leader, published daily in Staunton, Toccoa, GA (Thursday) in Manchester, KY VA Dry River Ranger District: Daily News White County News Telegraph, National Forests in Florida, Florida published weekly (Thursday) in Record, published daily (except Cleveland, GA Forest Supervisor Decisions Sunday) in Harrisonburg, VA The Dahlonega Nuggett published The Tallahassee Democrat, published Blacksburg Ranger District, Roanoke weekly (Thursday) in Dahlonega, GA daily in Tallahassee, FL Times, published daily in Roanoke, Cohutta Ranger District: Chatsworth VA Times, published weekly (Wednesday District Ranger Decisions Monroe Watchman, published weekly in Chatsworth, GA Apalachicola Ranger District: The (Thursday) in Union, WV (only for Oconee Ranger District: Monticello Liberty Journal, published weekly those decisions in West Va—notice News, published weekly (Thursday) (Wednesday) in Bristol, FL will be published in the Roanoke in Monticello, GA Lake George Ranger District: The Ocala Times and Monroe Watchman.) Star Banner, published daily in Ocala, Glenwood Ranger District: Roanoke Cherokee National Forest, Tennessee FL Times, published daily in Roanoke, VA Forest Supervisor Decisions Osceola Ranger District: The Lake City Reporter, published daily (Monday- New Castle Ranger District: Roanoke Knoxville News Sentinel, published Saturday) in Lake City, FL Times, published daily in Roanoke, daily in Knoxville, TN (covering Seminole Ranger District: The Daily VA McMinn, Monroe, and Polk Counties) Commercial, published daily in Mount Rogers National Recreation Area: Johnson City Press, published daily in Leesburg, FL Bristol Herald Courier, published Johnson City, TN (covering Carter, Wakulla Ranger District: The daily in Bristol, VA Cocke, Greene, Johnson, Sullivan, Tallahassee Democrat, published Clinch Ranger District: Kingsport-Times Unicoi and Washington Counties) daily in Tallahassee, FL News, published daily in Kingsport, TN District Ranger Decisions Francis Marion & Sumter National Wythe Ranger District: Southwest Forest, South Carolina Ocoee-Hiwassee Ranger District: Polk Virginia Enterprise, published bi- County News, published weekly Forest Supervisor Decisions weekly (Wednesday and Saturday) in Wytheville, VA (Wednesday) in Benton, TN The State, published daily in Columbia, Daily Post-Athenian, published daily SC Kisatchie National Forest, Louisiana (Monday–Friday) in Athens, TN Tellico-Hiwassee Ranger District: District Ranger Decisions Forest Supervisor Decisions Monroe County Advocate, published Enoree Ranger District: Newberry Alexandria Daily Town Talk, published weekly (Thursday) in Sweetwater, TN Observer, published tri-weekly daily in Alexandria, LA Daily Post-Athenian, published daily (Monday, Wednesday, and Friday) District Ranger Decisions (Monday–Friday) in Athens, TN Newberry, SC Nolichucky-Unaka Ranger District: Andrew Pickens Ranger District: Seneca Caney Ranger District: Minden Press Johnson City Press, published daily in Journal and Tribune, published bi- Herald, published daily in Minden, Johnson City, TN weekly (Wednesday and Friday) in LA Watauga Ranger District: Johnson City Seneca, SC Homer Guardian Journal, published Press, published daily in Johnson Long Cane Ranger District: The Augusta weekly (Wednesday) in Homer, LA City, TN Chronicle, published daily in Catahoula Ranger District: Alexandria Augusta, GA Daily Town Talk, published daily in Daniel Boone National Forest, Wambaw Ranger District: Post and Alexandria, LA Kentucky Courier, published daily in Calcasieu Ranger District: Alexandria Daily Talk, published daily in Forest Supervisor Decisions Charleston, SC Witherbee Ranger District: Post and Alexandria, LA Lexington Herald-Leader, published Courier, published daily in Kisatchie Ranger District: Natchitoches daily in Lexington, KY Charleston, SC Times, published daily (Tuesday– Friday and on Sunday) in District Ranger Decisions George Washington and Jefferson Natchitoches, LA Morehead Ranger District: Morehead National Forests, Virginia Winn Ranger District: Winn Parish News, published bi-weekly (Tuesday Forest Supervisor Decisions Enterprise, published weekly and Friday) in Morehead, KY (Wednesday) in Winnfield, LA Roanoke Times, published daily in Stanton Ranger District: The Clay City Roanoke, VA National Forest in Mississippi, Times, published weekly (Thursday) Mississippi in Stanton, KY District Ranger Decisions London Ranger District: The Sentinel- Lee Ranger District: Shenandoah Valley Forest Supervisor Decisions Echo, published tri-weekly (Monday, Herald, published weekly Carion-Ledger, published daily in Wednesday, and Friday) in London, (Wednesday) in Woodstock, VA Jackson, MS KY Warm Springs Ranger District: The Somerset Ranger District: Recorder, published weekly District Ranger Decisions Commonwealth-Journal, published (Thursday) in Monterey, VA Bienville Ranger District: Clarion- daily (Sunday through Friday) in Pedlar Ranger District: Roanoke Times, Ledger, published daily in Jackson, Somerset, KY published daily in Roanoke, VA MS Stearns Ranger District: McCreary James River Ranger District: Virginian Chickasawhay Ranger District: Clarion- County Record, published weekly Review, published daily (except Ledger, published daily in Jackson, (Tuesday) in Whitley City, KY Sunday) in Covington, VA MS

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Delta Ranger District: Clarion-Ledger, Jessieville Ranger District: Arkansas Sam Houston National Forest: The published daily in Jackson, MS Democrat-Gazette, published daily in Courier, published daily in Conroe, De Soto Ranger District: Clarion Ledger, Little Rock, AR TX published daily in Jackson, MS Mena Ranger District: Arkansas Caddo & LBJ National Grasslands: Holly Springs Ranger District: Clarion- Democrat-Gazette, published daily in Denton Record-Chronicle, published Ledger, published daily in Jackson, Little Rock, AR daily in Denton, TX MS. Oden Ranger District: Arkansas Dated: May 10, 1999. Homochitto Ranger District: Clarion- Democrat-Gazette, published daily in David G. Holland, Ledger, published daily in Jackson, Little Rock, AR Deputy Regional Forester for Natural MS Poteau Ranger District: Arkansas Tombigbee Ranger District: Clarion- Resources. Democrat-Gazette, published daily in [FR Doc. 99–12310 Filed 5–14–99; 8:45 am] Ledger, published daily in Jackson, Little Rock, AR BILLING CODE 3410±11±M MS Winona Ranger District: Arkansas Ashe-Erambert Project: Clarion-Ledger, Democrat-Gazette, published daily in published daily in Jackson, MS Little Rock, AR DEPARTMENT OF AGRICULTURE National Forest in North Carolina, Womble Ranger District: Arkansas North Carolina Democrat-Gazette, published daily in Forest Service Little Rock, AR Forest Supervisor Decisions Choctaw Ranger District: Tulsa World, Revised Land and Resource The Asheville Citizen-Times, published published daily in Tulsa, OK Management Plans, Boise National daily in Asheville, NC Kiamichi Ranger District: Tulsa World, Forest, Payette National Forest, and published daily in Tulsa, OK Sawtooth National Forest, Idaho District Ranger Decisions Tiak Ranger District: Tulsa World, AGENCY: Forest Service, USDA. Appalachian Ranger District: The published daily in Tulsa, OK Asheville Citizen-Times, published ACTION: Revised notice of intent to daily in Asheville, NC Ozark-St. Francis National Forest: prepare an environmental impact Cheoah Ranger District: Graham Star, Arkansas statement in conjunction with revision published weekly (Thursday) in Forest Supervisor Decisions of the Land and Resource Management Robbinsville, NC Plans for the Boise and Payette National Croatan Ranger District: The Sun The Courier, published daily (Sunday Forests, and significant amendment to Journal, published weekly (Sunday through Friday) in Russellville, AR the Land and Resource Management through Friday) in New Bern, NC District Ranger Decisions Plan for the Sawtooth National Forest. Grandfather Ranger District: McDowell Sylamore Ranger District: Stone County SUMMARY News, published daily in Marion, NC : Notice of Intent to Prepare an Highlands Ranger District: The Leader, published weekly (Tuesday) Environmental Impact Statement in Highlander, published weekly (mid in Mountain View, AR conjunction with revision of the Land May-mid Nov Tues & Fri; mid Nov- Buffalo Ranger District: Newton County and Resource Management Plans for the mid May Tues only) in Highlands, NC Times, published weekly in Jasper, Boise and Payette National Forests, and Pisgah Ranger District: The Asheville AR significant amendment to the Land and Citizen-Times, published daily in Bayou Ranger District: The Courier, Resource Management Plans for the Asheville, NC published daily (Sunday through Sawtooth National Forest was published Tusquitee Ranger District: Cherokee Friday) in Russellville, AR in the Federal Register on April 24, Scout, published weekly (Wednesday) Pleasant Hill Ranger District: Johnson 1998 in Volume 63 Number 79 (pages in Murphy, NC County Graphic, published weekly 20369–20375). This Notice described Uwharrie Ranger District: Montgomery (Wednesday) in Clarksville, AR portions of the Boise and Payette Herald, published weekly Boston Mountain Ranger District: National Forest Plans that would be (Wednesday) in Troy, NC Southwest Times Record, published revised, and portions of the Sawtooth Wayah Ranger District: The Franklin daily in Fort Smith, AR National Forest Plan that would be Press, Published bi-weekly Magazine Ranger District: Southwest amended. (Wednesday and Friday) in Franklin, Times Record, published daily in Fort In accordance with section 321 of the NC Smith, AR Appropriations Act of 1999, H.R. 4328 St. Francis Ranger District: The Daily and 36 CFR 219.10(g), the Sawtooth Ouachita National Forest, Arkansas, World, published daily (Sunday National Forest will initiate revision, Oklahoma through Friday) in Helena, AR rather than significant amendment, of Forest Supervisor Decisions the Sawtooth Forest Land and Resource National Forests and Grasslands in Management Plan in conjunction with Arkansas Democrat-Gazette, published Texas, Texas the Boise and Payette National Forests. daily in Little Rock, AR Forest Supervisor Decisions This notice also includes a change in address to send comments concerning District Ranger Decisions The Lufkin Daily News, published daily the planning process for the Southwest Caddo Ranger District: Arkansas Lufkin, TX Idaho Ecogroup. Democrat-Gazette, published daily in District Ranger Decisions Little Rock, AR DATES: The agency expects to file a Draft Cold Springs Ranger District: Arkansas Angelina National Forest: The Lufkin Environmental Impact Statement in the Democrat-Gazette, published daily in Daily News, published daily in Fall of 1999 and a Final Environmental Little Rock, AR Lufkin, TX Impact Statement in the Fall of 2000. Fourche Ranger District: Arkansas Sabine National Forest: The Lufkin ADDRESSES: Send written comments to: Democrat-Gazette, published daily in Daily News, published daily in Joey Pearson, Administrative Assistant, Little Rock, AR Lufkin, TX SW Idaho Ecogroup Planning Team,

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Boise National Forest, 1249 South DEPARTMENT OF COMMERCE series of meetings or portions thereof Vinnell Way, Suite 200, Boise, ID 83709. will be open to the public. Bureau of Export Administration A copy of the Notice of Determination FOR FURTHER INFORMATION CONTACT: to close meetings or portions of Pattie Soucek, Planning Team Leader— Materials Technical Advisory meetings of the Committee is available Payette National Forest (208) 634–0700; Committee; Notice of Partially Closed for public inspection and copying in the Jeff Foss, Planning Team Leader—Boise Meeting Central Reference and Records National Forest (208) 373–4100; or Inspection Facility, Room 6020, U.S. Sharon LaBrecque, Planning Team The Materials Technical Advisory Committee will meet June 3, 1999, 10:30 Department of Commerce, Washington, Leader—Sawtooth National Forest (208) a.m., Herbert C. Hoover Building, Room DC. For more information call Ms. Lee 737–3200. 3884, 14th Street between Constitution Ann Carpenter at (202) 482–2583. Responsible Official: Jack Blackwell, & Pennsylvania Avenues, NW., Dated: May 12, 1999. Intermountain Regional Forester at 324 Washington, DC. The Committee Lee Ann Carpenter, 25th Street, Ogden, UT 84401. advises the Office of the Assistant Committee Liaison Officer. Secretary for Export Administration SUPPLEMENTARY INFORMATION: As [FR Doc. 99–12358 Filed 5–14–99; 8:45 am] with respect to technical questions that described in the Notice of Intent BILLING CODE 3510±33±M affect the level of export controls published on April 24, 1998 (Volume applicable to materials and related 63, Number 79, pages 20369–20375), the technology. DEPARTMENT OF COMMERCE Payette and Boise National Forests would proceed with preparation of an Agenda National Oceanic and Atmospheric environmental impact statement for General Session Administration revision of their Land and Resources Management Plans (forest plans) and the 1. Opening remarks by the Chairman. [I.D. 050799E] Sawtooth National Forest would prepare 2. Presentation of papers and comments by the public. Pacific Fishery Management Council; a significant amendment to its forest Public Meeting plan. Through the analysis of the 3. Discussion on Biological Weapons management situation, the Sawtooth Convention transparency visits. AGENCY: National Marine Fisheries Forest did identify several areas where Executive Session Service (NMFS), National Oceanic and current management direction needs to Atmospheric Administration (NOAA), 4. Discussion of matters properly Commerce. change. Therefore, analysis efforts on classified under Executive Order 12958, ACTION: Notice of public meeting. the Sawtooth will continue to parallel dealing with U.S. export control analysis efforts on the Boise and programs and strategic criteria related SUMMARY: The Pacific Fishery Payette, with the intent to revise the thereto. Management Council’s (Council) Sawtooth Forest Plan in accordance The General Session of the meeting Groundfish Management Team (GMT) with 36 CFR 219.10(g). will be open to the public and a limited and Ad-Hoc Observer Program The Appropriations Act of 1999, H.R. number of seats will be available. Implementation Committee (Observer 4328, signed into law October 21, 1998, Reservations are not required. To the Committee) will hold working meetings states that national forests within the extent time permits, members of the which are open to the public. Interior Columbia Basin Ecosystem public may present oral statements to DATES: The Observer Committee study areas may proceed to complete the Committee. Written statements may working meeting will be held Monday, revision in accordance with the current be submitted at any time before or after June 7, 1999 beginning at 8 a.m. and planning regulations. The Sawtooth, the meeting. may go into the evening until the Boise and Payette National Forests are However, to facilitate distribution of business has been completed. The GMT all within the Interior Columbia Basin public presentation materials to the working meeting will be held on Committee members, the materials Ecosystem. Notice is hereby given that Tuesday through Friday, June 8–11, should be forwarded prior to the the Sawtooth National Forest, in 1999 from 8 a.m. to 5 p.m. meeting to the address below: conjunction with the Boise and Payette ADDRESSES: The meetings will be held at National Forests, has begun an Ms. Lee Ann Carpenter, BXA MS: 3876, the NMFS Alaska Fisheries Science environmental analysis and decision- U.S. Department of Commerce, 15 St. Center,7600 Sand Point Way NE, Room & Pennsylvania Ave., NW., making process and will prepare an 2079, Building 4, Seattle, WA; Washington, DC 20230. telephone: 206–526–4250. environmental impact statement for the The Assistant Secretary for Council address: Pacific Fishery proposed action to revise, rather than Management Council, 2130 SW Fifth amend, the Sawtooth Forest Plan. Administration, with the concurrence of the delegate of the General Counsel, Avenue, Suite 224, Portland, OR 97201. Dated: May 5, 1999. formally determined on February 24, FOR FURTHER INFORMATION CONTACT: Jim Jack A. Blackwell, 1998, pursuant to section 10(d) of the Glock, Groundfish Fishery Management Regional Forester. Federal Advisory Committee Act, as Coordinator; telephone: (503) 326–6352. [FR Doc. 99–12335 Filed 5–14–99; 8:45 am] amended, that the series of meetings or SUPPLEMENTARY INFORMATION: The BILLING CODE 3410±11±M portions of meetings of the Committee purpose of the Observer Committee and of any Subcommittee thereof meeting is to design an observer dealing with the classified materials program for the West Coast groundfish listed in 5 U.S.C. 552(c)(1) shall be fishery and to begin development of the exempt from the provisions relating to documentation necessary for public meetings found in section implementation of an observer program 10(a)(1) and (a)(3) of the Federal in 2000. The purpose of the GMT Advisory Committee Act. The remaining meeting is to prepare reports and

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The GMT will discuss, continue through Wednesday, June 3 as Meeting necessary. receive reports, and/or prepare reports The 1999 Summer Study on on the following topics during this ADDRESSES: The meetings will be held at Technology Options to Leverage working session: (1) observer program the Doubletree Hotel - Downtown Aerospace Power in Other Than design and documentation needs; (2) Portland, Astoria Room, 310 SW Conventional War Situtations will meet community baseline document; (3) Lincoln Avenue, Portland, OR. at the Beckman Center in Irvine, CA survey of trawl gears; (4) identification Council address: Pacific Fishery from June 14–25, 1999 from 7:30 a.m. to of rockfish complexes; (5) recreational 5:00 p.m. data issues; (6) default harvest rate Management Council, 2130 SW Fifth Avenue, Suite 224, Portland, OR 97201. The purpose of the meeting is to policies; (7) inseason management; (8) produce a draft report highlighting the preparation for annual management FOR FURTHER INFORMATION CONTACT: Julie results of the study. cycle; (9) fixed-gear sablefish issues and Walker, Fishery Management Analyst; The meeting will be closed to the analyses;(10) rebuilding plans for telephone: (503) 326–6352. public in accordance with section lingcod, bocaccio, and Pacific ocean 552b(c) of Title 5, United States Code, SUPPLEMENTARY INFORMATION: The perch, including allocation and bycatch specifically subparagraphs (1) and (4) reduction; (11) optimum yield/ purpose of the Ad-Hoc Allocation thereof. management line issues; (12) stock Committee meeting is to develop For further information, contact the assessment priorities for 2000; and (13) preliminary options for allocations HQ USAF Scientific Advisory Board other issues including marine reserves involved in rebuilding plans for lingcod Secretariat at (703) 697–8404. and habitat areas of particular concern. and bocaccio rockfish. The Ad-Hoc Janet A. Long, Although other issues not contained Allocation Committee will discuss Air Force Federal Register Liaison Officer. in this agenda may come before this allocations of lingcod and bocaccio [FR Doc. 99–12288 Filed 5–14–99; 8:45 am] group for discussion, in accordance rockfish between the recreational and BILLING CODE 5001±05±U with the Magnuson-Stevens Fishery commercial fisheries and between gear Conservation and Management Act, sectors of the limited entry fleet. The those issues may not be the subject of Ad-Hoc Allocation Committee will DEPARTMENT OF EDUCATION formal action during this meeting. begin work on a report to present to the Action will be restricted to those issues Council at its June meeting. After the specifically identified in this notice. Notice of Proposed Information allocation work is complete, the Collection Requests Special Accommodations Strategic Planning Advisory Committee AGENCY: Department of Education. The meeting is physically accessible will review a draft request for proposals SUMMARY: The Acting Leader, to people with disabilities. Requests for for an external facilitator to assist the Information Management Group, Office sign language interpretation or other Council in long-term strategic planning of the Chief Information Officer, invites auxiliary aids should be directed to Mr. for groundfish management. comments on the proposed information John Rhoton at (503) 326–6352 at least Although other issues not contained collection requests as required by the 5 days prior to the meeting date. in this agenda may come before this Paperwork Reduction Act of 1995. group for discussion, in accordance Dated: May 8, 1999. DATES: with the Magnuson-Stevens Fishery Interested persons are invited to Gary C. Matlock, submit comments on or before July 16, Conservation and Management Act, Director, Office of Sustainable Fisheries, 1999. National Marine Fisheries Service. those issues may not be the subject of formal discussion during this meeting. ADDRESSES: Written comments and [FR Doc. 99–12363 Filed 5–14–99; 8:45 am] requests for copies of the proposed BILLING CODE 3510±22±F Action will be restricted to those issues specifically identified in this notice. information collection requests should be addressed to Patrick J. Sherrill, Special Accommodations Department of Education, 400 Maryland DEPARTMENT OF COMMERCE Avenue, S.W., Room 5624, Regional The meeting is physically accessible National Oceanic and Atmospheric Office Building 3, Washington, D.C. to people with disabilities. Requests for Administration 20202–4651, or should be electronically sign language interpretation or other mailed to the internet address [I.D. 050799D] auxiliary aids should be directed to Mr. [email protected], or should be John Rhoton at (503) 326–6352 at least faxed to 202–708–9346. Pacific Fishery Management Council; 5 days prior to the meeting date. FOR FURTHER INFORMATION CONTACT: Public Meeting Dated: May 8, 1999. Patrick J. Sherrill (202) 708–8196. AGENCY: National Marine Fisheries Gary C. Matlock, Individuals who use a telecommunications device for the deaf Service (NMFS), National Oceanic and Director, Office of Sustainable Fisheries, Atmospheric Administration (NOAA), National Marine Fisheries Service. (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 Commerce. [FR Doc. 99–12364 Filed 5–14–99; 8:45 am] between 8 a.m. and 8 p.m., Eastern time, ACTION: Notice of public meeting. BILLING CODE 3510±22±F Monday through Friday. SUMMARY: The Pacific Fishery SUPPLEMENTARY INFORMATION: Section Management Council’s (Council) Ad- 3506 of the Paperwork Reduction Act of Hoc Allocation Committee and Strategic 1995 (44 U.S.C. Chapter 35) requires

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.069 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26739 that the Office of Management and designed to provide NCES and the 11:00 a.m. Updates—Occurrence Budget (OMB) provide interested Office of the Secretary with timely data Reports—DOE Federal agencies and the public an early to monitor changes in key indicators of 11:45 a.m. Lunch opportunity to comment on information teacher quality. It is the second in a 12:30 p.m. Task Force/Subcommittee collection requests. OMB may amend or proposed series of biennial reports on Minutes waive the requirement for public the preparation and qualifications of 1:30 p.m. Presentation consultation to the extent that public public school teachers. In addition, the 2:20 p.m. Closing Remarks participation in the approval process survey will provide some early 2:30 p.m. Adjourn would defeat the purpose of the estimates for data that will be provided Public Participation: The meeting is information collection, violate State or in the Schools and Staffing Survey open to the public. Written statements Federal law, or substantially interfere (SASS) to be conducted 1999–2000. The may be filed with the Committee either with any agency’s ability to perform its issues addressed in the proposed survey before or after the meeting. Individuals statutory obligations. The Acting have been the focus of a growing who wish to make oral statements Leader, Information Management concern over the condition of education, pertaining to agenda items should Group, Office of the Chief Information challenging U.S. teachers to adequately contact Jerry Johnson’s office at the Officer, publishes that notice containing prepare students for competing in an address or telephone number listed proposed information collection increasingly complex international above. Requests must be received 5 days requests prior to submission of these marketplace. Thus, the data will provide prior to the meeting and every requests to OMB. Each proposed a national profile of teacher quality, reasonable provision will be made to information collection, grouped by representing an important device for accommodate the request in the agenda. office, contains the following: (1) Type tracking the nation’s progress toward The Designated Federal Official is of review requested, e.g. new, revision, the goal of raising educational standards empowered to conduct the meeting in a extension, existing or reinstatement; (2) and ensuring high levels of student fashion that will facilitate the orderly Title; (3) Summary of the collection; (4) competence. conduct of business. Each individual Description of the need for, and [FR Doc. 99–12294 Filed 5–14–99; 8:45 am] wishing to make public comment will proposed use of, the information; (5) BILLING CODE 4000±01±P be provided a maximum of 5 minutes to Respondents and frequency of present their comments. This notice is collection; and (6) Reporting and/or being published less than 15 days before Recordkeeping burden. OMB invites the date of the meeting due to DEPARTMENT OF ENERGY public comment at the address specified programmatic issues that had to be above. Copies of the requests are Environmental Management Site- resolved prior to publication. available from Patrick J. Sherrill at the Minutes: The minutes of this meeting address specified above. The Specific Advisory Board, Pantex Plant, Amarillo, TX will be available for public review and Department of Education is especially copying at the Pantex Public Reading interested in public comment AGENCY: Department of Energy Rooms located at the Amarillo College addressing the following issues: (1) Is ACTION: Notice of open meeting. Lynn Library and Learning Center, 2201 this collection necessary to the proper South Washington, Amarillo, TX phone functions of the Department; (2) will SUMMARY: This notice announces a (806) 371–5400. Hours of operation are this information be processed and used meeting of the Environmental from 7:45 am to 10:00 pm, Monday in a timely manner; (3) is the estimate Management Site-Specific Advisory through Thursday; 7:45 am to 5: pm on of burden accurate; (4) how might the Board (EM SSAB), Pantex Plant, Friday; 8:30 am to noon on Saturday; Department enhance the quality, utility, Amarillo, Texas. The Federal Advisory and 2: pm to 6: pm on Sunday, except and clarity of the information to be Committee Act (Pub. L. 92–463, 86 Stat. for Federal holidays. Additionally, there collected; and (5) how might the 770) requires that public notice of these is a Public Reading Room located at the Department minimize the burden of this meetings be announced in the Federal Carson County Public Library, 401 Main collection on the respondents, including Register. Street, Panhandle, TX phone (806) 537– through the use of information DATE AND TIME: Tuesday, May 25, 1999: 3742. Hours of operation are from 9: am technology. 10:00 a.m.–2:30 p.m. to 7: pm on Monday; 9: am to 5: pm, Dated: May 11, 1999. ADDRESSES: Amarillo Senior Citizens’ Tuesday through Friday; and closed William E. Burrow, Association, 1217 Tyler, Amarillo, TX. Saturday and Sunday as well as Federal Holidays. Minutes will also be available Acting Leader, Information Management FOR FURTHER INFORMATION CONTACT: Jerry by writing or calling Jerry S. Johnson at Group, Office of the Chief Information Officer. S. Johnson, Assistant Area Manager, the address or telephone number listed Department of Energy, Amarillo Area Office of Educational Research and above. Improvement Office, P.O. Box 30030, Amarillo, TX 79120 (806) 477-3125. Issued at Washington, DC on May 7, 1999. Type of Review: New. Rachel M. Samuel, Title: Teacher Quality in U.S. Public SUPPLEMENTARY INFORMATION: Purpose of Schools in 2000. the Committee: The Board provides Deputy Advisory Committee Management Officer. Frequency: One time. input to the Department of Energy on Affected Public: Individuals or Environmental Management strategic [FR Doc. 99–12324 Filed 5–14–99; 8:45 am] households; State, local or Tribal Gov’t, decisions that impact future use, risk BILLING CODE 6450±01±P SEAs or LEAs. management, economic development, Reporting and Recordkeeping Hour and budget prioritization activities. DEPARTMENT OF ENERGY Burden: Tentative Agenda: Responses: 7,300. 10:00 a.m. Welcome—Agenda Environmental Management Site- Burden Hours: 4,950. Review—Approval of Minutes Specific Advisory Board, Rocky Flats Abstract: The survey, Teacher Quality 10:15 a.m. Co-Chair Comments in U.S. Public Schools in 2000, is 10:30 a.m. Ex-Officio Reports AGENCY: Department of Energy.

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ACTION: Notice of open meeting. 420–7855. Hours of operation for the comment will be provided a maximum Public Reading Room are 9 a.m. to 4 of 5 minutes to present their comments. SUMMARY: This notice announces a p.m. Monday through Friday. Minutes Minutes: The minutes of this meeting meeting of the Environmental will also be made available by writing will be available for public review and Management Site-Specific Advisory or calling Deb Thompson at the address copying at the Freedom of Information Board (EM SSAB), Rocky Flats. The or telephone number listed above. Public Reading Room, 1E–190, Forrestal Federal Advisory Committee Act (Pub. Building, 1000 Independence Avenue, L. 92–463, 86 Stat. 770) requires that Issued at Washington, DC on May 11, 1999. Rachel M. Samuel, SW, Washington, DC 20585 between 9 public notice of these meetings be a.m. and 4 p.m., Monday–Friday, except announced in the Federal Register. Deputy Advisory Committee Management Officer. Federal holidays. Minutes will also be DATES: Thursday, June 3, 1999. 6 p.m.– available by writing Kevin Rohrer at the [FR Doc. 99–12326 Filed 5–14–99; 8:45 am] 9:30 p.m. address listed above. ADDRESSES: College Hill Library, (Front BILLING CODE 6450±01±P Issued at Washington, DC on May 12, 1999. Range Community College), 3705 West 112th Avenue, Westminster, CO 80021. Rachel M. Samuel, DEPARTMENT OF ENERGY Deputy Advisory Committee Management FOR FURTHER INFORMATION CONTACT: Ken Officer. Korkia, Board/Staff Coordinator, Rocky Environmental Management Site- [FR Doc. 99–12327 Filed 5–14–99; 8:45 am] Flats Citizens Advisory Board, 9035 Specific Advisory Board, Oak Ridge BILLING CODE 6450±01±P North Wadsworth Parkway, Suite 2250, Reservation Westminster, CO 80021; telephone (303) AGENCY: Department of Energy. 420–7855; fax (303) 420–7579. DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION: ACTION: Notice of open meeting. Purpose of the Board: The purpose of Office of Science; High Energy Physics the Board is to make recommendations SUMMARY: Pursuant to the provisions of Advisory Panel to DOE and its regulators in the areas of the Federal Advisory Committee Act environmental restoration, waste (Pub. L. 92–463, 86 Stat. 770) notice is AGENCY: Department of Energy. management, and related activities. hereby given of the following Advisory ACTION: Notice of open meeting. Committee meeting: Environmental Tentative Agenda Management Site-Specific Advisory SUMMARY: This notice announces a 1. The Board will discuss soil Board (EM SSAB), Oak Ridge. meeting of the High Energy Physics remediation and cleanup levels at the DATES: Wednesday, June 2, 1999: 6:00– Advisory Panel (HEPAP). Federal Rocky Flats site. 9:30 p.m. Board Meeting. Advisory Committee Act (Public Law 92–463, 86 Stat. 770) requires that ADDRESSES: Garden Plaza, 215 S. Illinois 2. RFCAB will receive an initial public notice of these meetings be Avenue, Oak Ridge, TN 37830. presentation on public participation and announced in the Federal Register. stewardship decision-making. FOR FURTHER INFORMATION CONTACT: DATES: Monday, July 12, 1999; 9:00 a.m. 3. Other Board business may be Marianne Heiskell, Federal Coordinator/ to 6:00 p.m.; and Tuesday, July 13, conducted as necessary. Ex-Officio Officer, Department of Energy 1999; 8:30 a.m. to 4:00 p.m. Public Participation: The meeting is Oak Ridge Operations Office, P.O. Box open to the public. Written statements 2001, EM–90, Oak Ridge, TN 37831, ADDRESSES: Holiday Inn, 2 Montgomery may be filed with the Board either (423) 576–0314. Village Avenue, Gaithersburg, Maryland before or after the meeting. Individuals 20879. SUPPLEMENTARY INFORMATION: who wish to make oral statements Purpose of the Board: The purpose of FOR FURTHER INFORMATION CONTACT: John pertaining to agenda items should E. Metzler, Executive Secretary; High contact Ken Korkia at the address or the Board is to make recommendations to DOE and its regulators in the areas of Energy Physics Advisory Panel; U.S. telephone number listed above. Department of Energy; 19901 Requests must be received at least five environmental restoration, waste management, and related activities. Germantown Road; Germantown, days prior to the meeting and reasonable Maryland 20874–1290; Telephone: 301– provision will be made to include the Tentative Agenda 903–2979. presentation in the agenda. The 1. Toxic Release Inventory Geographic SUPPLEMENTARY INFORMATION: Designated Federal Officer is Information Survey Data—Dr. Solomon Purpose of Meeting: To provide empowered to conduct the meeting in a Pollard (EPA Region 4) advice and guidance on a continuing fashion that will facilitate the orderly basis with respect to the high energy conduct of business. Each individual Public Participation: The meeting is physics research program. wishing to make public comment will open to the public. Written statements be provided a maximum of five minutes may be filed with the Committee either Tentative Agenda to present their comments. before or after the meeting. Individuals Monday, July 12, 1999, and Tuesday, Minutes: The minutes of this meeting who wish to make oral statements July 13, 1999 will be available for public review and pertaining to agenda items should copying at the Freedom of Information contact Kevin Rohrer at the address or • Discussion of Department of Energy Public Reading Room, 1E–190, Forrestal telephone number listed above. High Energy Physics Programs Building, 1000 Independence Avenue, Requests must be received 5 days prior • Discussion of National Science SW, Washington, DC 20585 between 9 to the meeting and reasonable provision Foundation Elementary Particle a.m. and 4 p.m., Monday–Friday, except will be made to include the presentation Physics Program Federal holidays. Minutes will also be in the agenda. The Designated Federal • Discussion of High Energy Physics available at the Public Reading Room Official is empowered to conduct the University Programs located at the Board’s office at 9035 meeting in a fashion that will facilitate • Reports on and Discussion of the Use North Wadsworth Parkway, Suite 2250, the orderly conduct of business. Each of Networks and Computing in High Westminster, CO 80021; telephone (303) individual wishing to make public Energy Physics

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• Reports on and Discussion of U.S. and 385.214). All such motions and Copies of this filing are on file with the Large Hadron Collider Activities protests should be filed on or before Commission and are available for public • Reports on and Discussions of Topics May 17, 1999. Protests will be inspection in the Public Reference of General Interest in High Energy considered by the Commission to Room. This filing may be viewed on the Physics determine the appropriate action to be web at http://www.ferc.fed.us/online/ • Public Comment (10-minute rule) taken, but will not serve to make rims.htm (call 202–208–2222 for Public Participation: The meeting is protestants parties to the proceedings. assistance). open to the public. If you would like to Any person wishing to become a party David P. Boergers, file a written statement with the Panel, must file a motion to intervene. Copies Secretary. of this filing are on file with the you may do so either before or after the [FR Doc. 99–12331 Filed 5–14–99; 8:45 am] meeting. If you would like to make oral Commission and are available for public BILLING CODE 6717±01±M statements regarding any of these items inspection. This filing may also be on the agenda, you should contact John viewed on the Internet at http:// www.ferc.fed.us/online/rims.htm (call E. Metzler at 301–903–5079 (fax) or DEPARTMENT OF ENERGY [email protected] (e-mail). 202–208–2222 for assistance). You must make your request for an oral David P. Boergers, Federal Energy Regulatory statement at least 5 business days before Secretary. Commission the meeting. Reasonable provision will [FR Doc. 99–12328 Filed 5–14–99; 8:45 am] be made to include the scheduled oral BILLING CODE 6717±01±M [Docket No. RP99±302±000] statements on the agenda. The Chairperson of the Panel will conduct Viking Gas Transmission Company; DEPARTMENT OF ENERGY the meeting to facilitate the orderly Notice of Tariff Filing conduct of business. Public comment will follow the 10-minute rule. Federal Energy Regulatory May 11, 1999. Commission Minutes: The minutes of the meeting Take notice that on May 4, 1999, will be available for public review and [Docket No. RP97±255±003] Viking Gas Transmission Company copying within 30 days at the Freedom (Viking), tendered for filing as part of its of Information Public Reading Room; TransColorado Gas Transmission Company; Notice of Tariff Filing FERC Gas Tariff, First Revised Volume Room 1E–190; Forrestal Building; 1000 No. 1, the following tariff sheets with a Independence Avenue, S.W.; May 11, 1999. proposed effective date of June 3, 1999: Washington, D.C., between 9:00 a.m. Take notice that on May 5, 1999, Fifth Revised Sheet No. 82 and 4:00 p.m., Monday through Friday, pursuant to 18 CFR 154.7 and 154.203, except Federal holidays. Fifth Sheet No. 86 and in compliance with Commission Original Sheet No. 86A Issued at Washington, D.C. on May 11, letter order issued March 20, 1997, in Ninth Revised Sheet No. 87 1999. Docket No. RP97–225–000, Rachel M. Samuel, TransColorado Gas Transmission The purpose of this filing is to remove Deputy Advisory Committee Management Company tenders for filing and a reference to defunct Section 284.13 of Officer. acceptance, to be effective April 1, 1999, the Commission’s Regulations from [FR Doc. 99–12325 Filed 5–14–99; 8:45 am] Third Revised Sheet No. 21 to Original Viking’s tariff and to clarify and revise BILLING CODE 6450±01±P Volume No. 1 of its FERC Gas Tariff Viking’s right-of-first-refusal procedures (TransColorado’s tariff). consistent with established precedent. The tendered tariff sheet revises Viking states that copies of the filing TransColorado’s Tariff to implement a DEPARTMENT OF ENERGY have been mailed to all of its new negotiated-rate transaction between jurisdictional customers and to affected Federal Energy Regulatory TransColorado and Texaco Natural Gas state regulatory commissions. Commission Inc., to be effective April 1, 1999. Any person desiring to be heard or to [Docket No. ER99±2819±000] TransColorado has sought waiver of 18 CFR 154.207 so that the tendered tariff protest said filing should file a motion Key-Span-Ravenswood, Inc., Notice of sheet may become effective April 1, to intervene or a protest with the Filing 1999. Federal Energy Regulatory Commission, TransColorado stated that a copy of 888 First Street, N.E., Washington, D.C. May 7, 1999. this filing has been served upon its 20426, in accordance with Sections Take notice that on May 5, 1999, customers, the New Mexico Public 385.214 or 385.211 of the Commission’s KeySpan-Ravenswood, Inc. (KeySpan- Utilities Commission and the Colorado Rules and Regulations. All such motions Ravenswood), tendered for filing an Public Utilities Commission. or protests must be filed in accordance Energy Sales Tariff. The Tariff is Any person desiring to protest this with Section 154.210 of the intended to provide KeySpan- filing should file a protest with the Commission’s Regulations. Protests will Ravenswood with the ability to engage Federal Energy Regulatory Commission, be considered by the Commission in in transactions for the sale of energy at 888 First Street, N.E., Washington, D.C. determining the appropriate action to be negotiated rates up to cost-based caps. 20426, in accordance with Section taken, but will not serve to make Any person desiring to be heard or to 385.211 of the Commission’s Rules and protestants parties to the proceedings. protest such filing should file a motion Regulations. All such protests must be Any person wishing to become a party to intervene or protest with the Federal filed as provided in Section 154.210 of must file a motion to intervene. Copies Energy Regulatory Commission, 888 the Commission’s Regulations. Protests of this filing are on file with the First Street, N.E., Washington, DC will be considered by the Commission Commission and are available for public 20426, in accordance with Rules 211 in determining the appropriate action to inspection in the Public Reference and 214 of the Commission’s Rules of be taken, but will not serve to make Room. This filing may be viewed on the Practice and Procedure (18 CFR 385.211 protestants parties to the proceedings. web at http://www.ferc.fed.us/online/

VerDate 30-APR-99 16:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.XXX pfrm08 PsN: 17MYN1 26742 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices rims.htm (call 202–208–2222 for DEPARTMENT OF ENERGY with section 154.210 of the assistance). Commission’s Regulations. Protests will David P. Boergers, Federal Energy Regulatory be considered by the Commission in Secretary. Commission determining the appropriate action to be [FR Doc. 99–12329 Filed 5–14–99; 8:45 am] [Docket No. MT99±12±000] taken, but will not serve to make BILLING CODE 6717±01±M protestants parties to the proceedings. Williston Basin Interstate Pipeline Any person wishing to become a party Company; Notice of Tariff Filing must file a motion to intervene. Copies DEPARTMENT OF ENERGY of this filing are on file with the May 11, 1999. Commission and are available for public Federal Energy Regulatory Take notice that on May 3, 1999, inspection in the Public Reference Commission Williston Basin Interstate Pipeline Room. This filing may be viewed on the Company (Williston Basin), 1250 West web at http://www.ferc.fed.us/online/ [Docket No. GT99±27±000] Century Avenue, Bismarck, North rims.htm (call 202–208–2222 for Dakota 58501, tendered for filing as part assistance). Williston Basin Interstate Pipeline of its FERC Gas Tariff, Second Revised David P. Boergers, Company; Notice of Tariff Filing Volume No. 1, the following revised Secretary. tariff sheets to become effective April 1, May 11, 1999. [FR Doc. 99–12333 Filed 5–14–99; 8:45 am] 1999: Take notice that on May 3, 1999, BILLING CODE 6717±01±M Williston Basin Interstate Pipeline Second Revised Volume No. 1 Company (Williston Basin), 1250 West Sixth Revised Sheet No.1 Century Avenue, Bismarck, North Eleventh Revised Sheet No.187 DEPARTMENT OF ENERGY Dakota 58501, tendered for filing as part 1st Rev Fifth Revised Sheet No.188 (Effective Federal Energy Regulatory of its FERC Gas Tariff, Second Revised April 1, 1999) Commission Volume No. 1, the following revised Sub Sixth Revised Sheet No.188 (Effective April 20, 1999) [Docket No. RP99±271±001] tariff sheets to become effective April First Revised Sheet No.232D 30, 1999: Second Revised Sheet No.233 Williams Gas Pipelines Central, Inc.; Second Revised Volume No. 1 Fifth Revised Sheet No.234 First Revised Sheet No.239 Notice of Proposed Changes in FERC Fifth Revised Sheet No. 5 Sheet Nos. 240–242 Gas Tariff Fifth Revised Sheet No. 6 Third Revised Sheet No.243 Third Revised Sheet No. 6A May 11, 1999. Second Revised Sheet No. 7 First Revised Volume No. 1–A Take notice that on May 5, 1999, Fourth Revised Sheet No. 8 Title Sheet Williams Gas Pipelines Central, Inc. Fifth Revised Sheet No. 9 (Williams), tendered for filing to become Fourth Revised Sheet No. 10 Williston Basin states that on April 1, 1999, it transferred all company-owned part of its FERC Gas Tariff, Original Williston Basin states that the revised production reserves, appurtenant Volume No. 1, the following tariff tariff sheets are being filed simply to production-related facilities and sheets, with the proposed effective date update its System Maps with the most associated services of WBI Production, of May 1, 1999: recent information available. its merchant division, to WBI Substitute Seventh Revised Sheet No. 6 Any person desiring to be heard or to Production, Inc., a non-jurisdictional, Substitute Tenth Revised Sheet No. 6A protest said filing should file a motion wholly-owned subsidiary of WBI to intervene or a protest with the Williams states that it submitted its Holdings, Inc., Williston Basin’s parent. Federal Energy Regulatory Commission, second quarter 1999 report of GSR costs As of that date, WBI Production no 888 First Street, N.E., Washington, D.C. on March 31, 1999, pursuant to Article longer exists as a merchant sales 20426, in accordance with Sections 14 of the General Terms and Conditions division of Williston Basin. As a result 385.214 or 385.211 of the Commission’s of its FERC Gas Tariff, Original Volume of the transfer of production reserves, Rules and Regulations. All such motions No. 1. the original tariff sheets filed on related facilities and associated services, or protests must be filed in accordance March 31, 1999, in this docket WBI Production, Inc., is an affiliate of with Section 154.210 of the contained surcharges which were filed Williston Basin but not a ‘‘marketing Commission’s Regulations. Protests will March 1, 1999, in Docket No. RP99–257. affiliate’’, as defined within the context be considered by the Commission in The tariff sheets filed in Docket No. of FERC Order Nos. 566, et seq. RP99–257 were suspended by order determining the appropriate action to be Williston Basin also states that it filed taken, but will not serve to make issued March 31, 1999. The tendered the instant tariff sheets to reflect the tariff sheets reflected the omission of the protestants parties to the proceedings. cancellation, in its entirety, of its FERC Any person wishing to become a party suspended surcharges. Gas Tariff, First Revised Volume No. 1– Williams states that a copy of its filing must file a motion to intervene. Copies A, and associated services of Williston was served on all participants listed on of this filing are on file with the Basin Interstate Pipeline Company, d/b/ the service lists maintained by the Commission and are available for public a WBI Production. Commission in the dockets referenced inspection in the Public Reference Any person desiring to be heard or to above and on all of Williams’ Room. This filing may be viewed on the protest said filing should file a motion jurisdictional customers and interested web at http://www.ferc.fed.us/online/ to intervene or a protest with the state commission. rims.htm (call 202–208–2222 for Federal Energy Regulatory Commission, Any person desiring to protest this assistance). 888 First Street, NE., Washington, DC filing should file a protest with the David P. Boergers, 20426, in accordance with sections Federal Energy Regulatory Commission, Secretary. 385.214 or 385.211 of the Commission’s 888 First Street, NE, Washington, D.C. [FR Doc. 99–12332 Filed 5–14–99; 8:45 am] Rules and Regulations. All such motions 20426, in accordance with Section BILLING CODE 6717±01±M or protests must be filed in accordance 385.211 of the Commission’s Rules and

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Regulations. All such protests must be copying between 8 a.m. and 5:30 p.m., Catalytic Reforming Units, and Sulfur filed as provided in Section 154.210 of Monday through Friday, excluding legal Plant Units; and the Commission’s Regulations. Protests holidays. The docket is located in the • Primary Copper Smelting. will be considered by the Commission EPA’s Air and Radiation Docket and Also, to ensure that we still meet the in determining the appropriate action to Information Center, Waterside Mall, CAA section 112(e)(1) scheduling be taken, but will not serve to make Room M–1500, 401 M Street, SW, requirements, we are countering these protestants parties to the proceedings. Washington, DC 20460, or by calling scheduling changes by moving two Copies of this filing are on file with the (202) 260–7548. A reasonable fee may source categories forward to the 7-year Commission and are available for public be charged for copying docket materials. bin: • inspection in the Public Reference FOR FURTHER INFORMATION CONTACT: Hydrogen Fluoride Production; and For • Room. This filing may be viewed on the information concerning this notice, Butadiene-Furfural Cotrimer (R–11) web at http://www.ferc. fed.us/online/ contact Ms. Maria Noell, Emissions Production. rims.htm (call 202–208–2222 for Standards Division (MD–13), U.S. EPA, Additionally, this notice announces assistance. Office of Air Quality Planning and one other scheduling change. We are correcting the promulgation deadline for David P. Boergers, Standards, Research Triangle Park, North Carolina 27711, telephone the Natural Gas Transmission and Secretary. Storage source category, which we [FR Doc. 99–12330 Filed 5–14–99; 8:45 am] number (919) 541–5607, facsimile number (919) 541–3470, electronic mail added to the original source category BILLING CODE 6717±01±M address ‘‘[email protected]’’. list, from November 15, 1997 to November 15, 2000. SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION I. What Is the History of the Source III. What Revisions Is EPA Making to AGENCY Category List and Schedule? the Source Category Schedule? The following sections describe the [AD±FRL±6343±6] The CAA amendments of 1990 (Public Law 101–549) require, under section new revisions to the source category RIN 2060±AI52 112, that the Agency list categories of schedule since the February 12, 1998 publication. National Emission Standards for sources emitting HAP and promulgate Hazardous Air Pollutants: Revision of national emission standards for HAP A. Corrections to Previous Notice (NESHAP) in order to control, reduce, or Schedule for Standards Under Section The Administrator may at any time otherwise limit the emissions of HAP 112 of the Clean Air Act add categories and subcategories of HAP from such categories of major and area to the original source category list based sources. Pursuant to the various specific AGENCY: Environmental Protection on the same criteria used to develop the listing requirements in section 112(c), Agency (EPA). original list. Section 112(c)(5) states that we published on July 16, 1992 (57 FR ACTION: Notice of revisions to the Administrator shall promulgate 31576), a list of 174 categories of major promulgation schedule for standards. standards to regulate HAP emissions and area sources—referred to as the from these added categories and SUMMARY: This notice publishes ‘‘initial list’’—for which we would subcategories within 10 years after revisions to the schedule for the develop emission standards. Following enactment of the CAA amendments of promulgation of standards for sources of this listing, pursuant to requirements in 1990 (i.e., by November 15, 2000, the hazardous air pollutants (HAP). section 112(e), on December 3, 1993 (58 10-year bin date) or within 2 years after Required under section 112(c) and (e) of FR 63941), we published a schedule for the date on which the category or the Clean Air Act (CAA), the source the promulgation of emission standards subcategory was listed, whichever is category list and the schedule for for each of the 174 listed source later. standards constitute a significant part of categories. When we publish notices that affect This Federal Register notice the EPA’s agenda for regulating announces one scheduling change to stationary sources of air toxic emissions. actions relating to individual source categories, it is important to reflect the correct the regulatory promulgation date The schedule for standards, required for the Natural Gas Transmission and under CAA section 112(e), organized the resultant changes on the list and schedule. On June 4, 1996 (61 FR Storage source category. In our last source categories into groups of four notice regarding changes to the source separate timeframes with promulgation 28197), we published a notice that referenced all previous listing and category list, on February 12, 1998, we deadlines of November 15, 1992; incorrectly indicated that this category November 15, 1994; November 15, 1997; schedule changes and consolidated those actions, along with several new was a subset of the Oil and Natural Gas and November 15, 2000. The EPA refers Production source category. to these groups of four separate actions, into a revised source category list and schedule. We published a Consequently, we did not consider it to timeframes as 2-year, 4-year, 7-year, and be subject to the scheduling 10-year bins, respectively. Today’s subsequent notice on February 12, 1998 (63 FR 7155), which again updated the requirements of section 112(c)(5), and notice announces a scheduling change we placed it in the same regulatory bin for two source categories from the 7-year list and schedule. You should read these previous notices for information relating as the Oil and Natural Gas Production bin to the 10-year bin and two source source category (i.e., the 7-year bin). categories from the 10-year bin to the 7- to development of the initial list and schedule. However, in a February 6, 1998 Federal year bin. In addition, this notice corrects Register notice of proposed maximum the schedule for a source category II. Why Is EPA Issuing This Notice? achievable control technology (MACT) recently added to the list. This notice announces scheduling standards for the Oil and Natural Gas EFFECTIVE DATE: May 17, 1999. changes for promulgating standards. Production and the Natural Gas ADDRESSES: Docket No. A–90–49, This action moves two source categories Transmission and Storage source containing supporting information used from the 7-year bin to the 10-year bin: categories (63 FR 6287), we had in development of this notice, is • Petroleum Refineries—Catalytic amended the source category list to add available for public inspection and Cracking (Fluid and Other) Units, Natural Gas Transmission and Storage

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.074 pfrm04 PsN: 17MYN1 26744 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices as a separate source category, distinct Units, and Sulfur Plant Units source under section 307 when the from the originally listed Oil and category and the Butadiene-Furfural Administrator issues emission standards Natural Gas Production source category. Cotrimer (R–11) Production source for such pollutant or category. As such, the Natural Gas Transmission category. The schedule for Petroleum Therefore, today’s schedule is not and Storage source category is subject to Refineries—Catalytic Cracking (Fluid subject to judicial review. the scheduling requirements of section and Other) Units, Catalytic Reforming V. Is EPA Asking for Public Comment? 112(c)(5). Therefore, in this notice, we Units, and Sulfur Plant Units, which we are correcting the promulgation included in the initial source category Prior to issuance of the initial source deadline for the Natural Gas schedule in December 1993, is being category list, we published a draft initial Transmission and Storage source changed from November 15, 1997 to list for public comment (56 FR 28548, category from November 15, 1997 to November 15, 2000. The schedule for June 21, 1991). Although we were not November 15, 2000. Butadiene-Furfural Cotrimer (R–11) required to take public comment on the Production, published in the same initial source category list, we believed B. Moving Standards Promulgation notice (58 FR 63941, December 3, 1993), it was useful to solicit input on a Deadlines for Source Categories is being changed from November 15, number of issues related to the list. In the December 3, 1993 notice, we 2000 to November 15, 1997. Indeed, in most instances, even where scheduled the initially listed source The Office of Mobile Sources will there is no statutory requirement to take categories for regulation such that soon be proposing standards that will comment, we solicit public comments exactly 50 percent (87 out of 174) would limit the amount of sulfur in gasoline. on actions we are contemplating. We be promulgated by November 15, 1997. Some petroleum refineries may comply have decided, however, that it is Consequently, in order to continue to with the gasoline sulfur standards by unnecessary to solicit additional public satisfy the numerical and temporal removing both sulfur and metals from comment on the revisions reflected in requirements of section 112(e)(1), any the feed to the Catalytic Cracking Units today’s notice. Interested parties will change that would delay the deadline (CCU), and thereby reduce metallic HAP have the opportunity to provide for a source category scheduled for emissions from the CCU regeneration comments on individual emissions regulation by November 15, 1997 must vent. We have moved the Petroleum standards. be offset by a corresponding shifting of Refineries—Catalytic Cracking (Fluid VI. Administrative Requirements a source category from the November and Other) Units, Catalytic Reforming 15, 2000 regulatory timeframe forward Units, and Sulfur Plant Units source A. Docket to the November 15, 1997 timeframe. category to the 10-year bin to gain The docket for this action is A–90–49. understanding of the effects of the 1. Primary Copper Smelting and The docket is an organized and gasoline sulfur standards on refineries, Hydrogen Fluoride Production complete file of all the information decide how our final MACT rule should submitted to or otherwise considered by The schedule for Primary Copper address these effects, and coordinate the the Agency in the development of this Smelting, which we included in the implementation and compliance aspects revised list of categories of sources and initial source category schedule in of the MACT rule with the schedule for revised schedule for standards. The December 1993, is being changed from implementation of the gasoline sulfur principal purpose of this docket is to November 15, 1997 to November 15, program. allow interested parties to identify and 2000. The schedule for Hydrogen Because we addressed the Butadiene- locate documents that serve as a record Fluoride Production, published in the Furfural Cotrimer (R–11) Production of the process engaged in by the Agency source category in the Pesticide Active same notice (58 FR 63941, December 3, to publish today’s revision to the initial Ingredient Production proposal (62 FR 1993), is being changed from November list and schedule. The docket is 60565, November 10, 1997), this source 15, 2000 to November 15, 1997. Moving available for public inspection at the category will be ahead of its initial Primary Copper Smelting to the 10-year EPA’s Air and Radiation Docket and regulatory deadline of November 15, bin will allow us additional time to Information Center, which is listed in address issues raised by comments 2000 and, therefore, can be used in the ADDRESSES section of this notice. received on the April 20, 1998 proposal place of the Petroleum Refineries— (63 FR 19581). Catalytic Cracking (Fluid and Other) B. Regulatory Requirements Because we included the standard for Units, Catalytic Reforming Units, Sulfur 1. General Hydrogen Fluoride Production as part of Plant Units source category. the Generic MACT proposal, published Today’s notice is not a rule; it is IV. Is This Action Subject to Judicial October 14, 1998 (63 FR 55177), it will essentially an information sharing Review? be ahead of its initial regulatory activity which does not impose deadline and, therefore, can be used in Section 112(e)(3) states that the regulatory requirements or costs. place of the Primary Copper Smelting determination of priorities for Therefore, the requirements of source category in order to address the promulgation of standards for the listed Executive Order 13045 (Protection of statutory requirement of completion of source categories is not a rulemaking Children from Environmental Health 50 percent of the initially listed source and is not subject to judicial review, Risks and Safety Risks), Executive Order categories by November 15, 1997. except that, failure to promulgate any 13084 (Consultation and Coordination standard pursuant to the schedule with Indian Tribal Governments), 2. Petroleum Refineries—Catalytic established under section 112(e) shall be Executive Order 12875 (Enhancing the Cracking (Fluid and Other) Units, subject to review under section 304 of Intergovernmental Partnership), the Catalytic Reforming Units, and Sulfur the CAA. Section 112(e)(4) states that, Regulatory Flexibility Act, the National Plant Units and Butadiene-Furfural notwithstanding section 307 of the Act, Technology Transfer and Advancement Cotrimer (R–11) Production no action of the Administrator listing a Act, and the Unfunded Mandates This notice also announces the source category or subcategory under Reform Act do not apply to today’s change of schedules for the Petroleum section 112(c) shall be a final Agency notice. Also, this notice does not Refineries—Catalytic Cracking (Fluid action subject to judicial review, except contain any information collection and Other) Units, Catalytic Reforming that any such action may be reviewed requirements and, therefore, is not

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.141 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26745 subject to the Paperwork Reduction Act, gain a better understanding of the public preliminary results of its evaluation of 44 U.S.C. 3501 et seq. health concerns raised by the discovery the effectiveness of EPA’s ‘‘Incentives of MTBE in some water supplies. The for Self-Policing: Discovery, Disclosure, 2. Executive Order 12866 and Office of panel will be chaired by Mr. Daniel Correction and Prevention of Management and Budget (OMB) Review Greenbaum, President of the Health Violations’’ (Audit Policy) and solicits Under Executive Order 12866 (58 FR Effects Institute (HEI) of Cambridge, public comment on proposed revisions 51735, October 4, 1993), the Agency Massachusetts. to the Audit Policy that are based on the must determine whether a regulatory This notice announces the time and evaluation. The proposed revisions action is ‘‘significant’’ and, therefore, place for the next meeting of the panel. include broadening the period for subject to OMB review and the DATES: The blue-ribbon panel reviewing prompt disclosure from 10 to 21 days, requirements of the Executive Order. the use of oxygenates in gasoline will clarifying the availability of Policy relief The Order defines ‘‘significant’’ conduct its next meeting on Monday in multi-facility contexts, and providing regulatory action as one that is likely to and Tuesday, May 24 and 25, 1999, in that entities meeting all of the Policy lead to a rule that may either (1) have Washington, DC beginning at 10 a.m. conditions except for ‘‘systematic an annual effect on the economy of $100 ADDRESSES: The meeting will be held discovery’’ will not be recommended for million or more, or adversely affect a from 10 a.m. to 7 p.m. on Monday, May criminal prosecution. EPA developed sector of the economy, productivity, 24th and from 8:30 a.m. until the Audit Policy to enhance protection competition, jobs, the environment, approximately 5:30 p.m. on Tuesday, of human health and the environment public health or safety, or State, local or May 25th at the Wyndham City Center by encouraging entities to voluntarily tribal governments or communities; (2) Hotel, 1143 New Hampshire Ave., NW, discover, and disclose and correct create a serious inconsistency or Washington, DC. violations of environmental otherwise interfere with an action taken FOR FURTHER INFORMATION CONTACT: requirements. EPA published the Audit or planned by another agency; (3) Karen Smith at U.S. Environmental Policy in the Federal Register at 60 FR materially alter the budgetary impact of Protection Agency Office of Air and 66705 on December 22, 1995. entitlements, grants, user fees, or loan Radiation, 401 M Street, SW (6406J), DATES: EPA requests interested parties programs or the rights and obligations of Washington, DC 20460, (202) 564–9674, to comment on this notice in writing. recipients thereof; or (4) raise novel or John Brophy at (202) 564–9068. Comments must be received by July 16, legal or policy issues arising out of legal Information can also be found at 1999. mandates, the President’s priorities, or www.epa.gov/oms/consumer/fuels/ ADDRESSES: Submit three copies of the principles set forth in the Executive oxypanel/blueribb.htm. comments to the EPA Audit Policy Order. SUPPLEMENTARY INFORMATION: This is the Docket, 401 M Street SW, Mail Code Pursuant to the terms of Executive fifth in a series of meetings at locations 2201A, Room 4033, Washington, DC Order 12866, today’s notice is around the country to hear from 20460. considered a ‘‘significant regulatory regional and national experts on the action’’ within the meaning of the FOR FURTHER INFORMATION CONTACT: facts concerning oxygenate use in fuel. Additional documentation relating to Executive Order. For this reason, this There will be no open public comment action underwent review by the OMB. the development and evaluation of this period during this meeting. Written Policy are contained in the EPA Audit Dated: May 10, 1999. comments to the panel can be mailed to Policy Docket. Documents from the Robert D. Brenner, U.S. EPA, 401 M Street, SW, Mail Code docket may be requested by calling Acting Assistant Administrator for Air and 6406J (Attn: Blue-Ribbon Panel), (202) 564–2614, requesting an index to Radiation. Washington, DC 20460. Panel members docket #C–94–01, and faxing document [FR Doc. 99–12370 Filed 5–14–99; 8:45 am] will be provided with copies of all requests to (202) 501–1011. Hours of BILLING CODE 6560±50±P written submissions. operation are 8 a.m. to 4 p.m., e.s.t., Dated: May 12, 1999. Monday through Friday, except legal Margo T. Oge, holidays. Additional contact is ENVIRONMENTAL PROTECTION Director, Office of Mobile Sources. Catherine Malinin Dunn, at (202) 564– AGENCY [FR Doc. 99–12460 Filed 5–14–99; 8:45 am] 2629. [FRL±6343±9] BILLING CODE 6560±50±U SUPPLEMENTARY INFORMATION:

Oxygenate Use in Gasoline Panel I. Explanation of Notice Meeting ENVIRONMENTAL PROTECTION A. Executive Summary AGENCY AGENCY: Environmental Protection EPA initiated the Audit Policy Agency (EPA). [FRL±6343±4] Evaluation as part of EPA’s commitment ACTION: set forth in the Policy at 60 FR at 66712. Notice of oxygenate use in Evaluation of ``Incentives for Self- gasoline panel meeting. The major preliminary findings of the Policing: Discovery, Disclosure, Audit Policy Evaluation, and the major SUMMARY: On November 30, 1998, U.S. Correction and Prevention of proposed revisions to the Policy and its Environmental Protection Agency Violations'' Policy Statement, implementation, are as follows: Administrator Carol M. Browner Proposed Revisions and Request for • Discovery and correction of announced the creation of a blue-ribbon Public Comment violations under the policy have panel of leading experts from the public AGENCY: Environmental Protection removed pollutants from the air and health and scientific communities, Agency (EPA). water, reduced health and automotive fuels industry, water ACTION: Policy statement and request for environmental risks and improved utilities, and local and State government public comment on proposed revisions. public information on potential to review the important issues posed by environmental hazards. the use of MTBE and other oxygenates SUMMARY: The Environmental Protection • EPA has consistently applied the in gasoline. EPA created the panel to Agency (EPA) announces the policy.

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• Use of the policy has made EPA B. Audit Policy, Audit Policy Evaluation When EPA published the Audit aware of new environmental issues. and Criteria for Effectiveness Policy as a Federal Register Notice in • December of 1995, the Agency stated in Use of the policy has been 1. Audit Policy widespread (as of March 1, 1999, 455 the Notice that the Policy was intended entities have disclosed violations at On December 22, 1995, EPA as guidance and did not represent final approximately 1850 facilities), published the ‘‘Incentives for Self- agency action. At the time of including significant multi-facility Policing: Discovery, Disclosure, publication, some in the regulated disclosures (16 parent companies Correction and Prevention of Violations’ community had argued that the Policy disclosed the same types of violations at (Audit Policy) in the Federal Register at be converted into a regulation to over 900 facilities). 60 FR 66705. Today’s Notice solicits ‘‘ensure consistency and predictability.’’ • Users of the policy report a very public comment on the preliminary EPA promised in the Notice that it high satisfaction rate with 88% of the results of the Audit Policy Evaluation would revisit that request ‘‘if it respondents stating that they would use and the specific proposed revisions to determines that a rulemaking is the Policy again and 84% stating that the Audit Policy and its appropriate.’’ EPA believes there is they would recommend the Policy to implementation. ample evidence, much of it summarized clients/counterparts. Under the Audit Policy, where in this Federal Register Notice, that the Policy has worked well as guidance and • Most disclosures involve violations are found through voluntary that a rulemaking is therefore monitoring and reporting violations in environmental audits or efforts that unnecessary. Nothing in today’s federally-run programs (i.e., not in reflect a regulated entity’s due diligence, document is intended to change the programs that states are authorized or are promptly disclosed and status of the policy as guidance, as approved to administer and enforce). expeditiously corrected and meet certain other conditions designed to described in paragraph II.G(3) of the • The policy encourages specific protect public health and the 1995 Audit Policy. 60 FR at 66712. improvements in auditing programs and environment, EPA will not seek gravity- U.S. EPA also issued a policy on environmental management systems. Compliance Incentives for Small • based (i.e., non-economic benefit) The most frequently suggested penalties and will recommend against Businesses in 1996 (Small Business change to the policy is expansion of 10- criminal prosecution against the Policy). Under the Policy, the Agency day disclosure period. regulated entity. EPA will reduce will eliminate the entire civil penalty • The most frequently suggested gravity-based penalties by 75% for for certain violations if a small change to policy implementation is violations that are voluntarily business—defined as an entity shortening the time to process cases. discovered, and are promptly disclosed employing 100 or fewer individuals— Based on these major findings and and corrected in accordance with the satisfies the policy’s conditions. These others, EPA proposes specific conditions of the Policy, even if not conditions include a good-faith effort to improvements to the Policy. One found through a formal audit or due comply by either receiving on-site significant proposed revision is to diligence. Finally, the Policy restates compliance assistance or conducting an broaden the prompt disclosure period EPA’s long-held policy and practice to environmental audit and by disclosing from 10 to 21 days. EPA also proposes refrain from routine requests for violations promptly, and correcting to clarify that a facility in many environmental audit reports. them within six months of discovery. circumstances may satisfy the The Policy includes important Violations excluded from the policy’s ‘‘independent discovery’’ condition safeguards to deter irresponsible coverage include repeat violations, even where inspections or behavior and protect the public and those involving imminent and investigations have commenced at, or environment. For example, in addition substantial endangerment or actual information requests have been issued to prompt disclosure and expeditious harm, and criminal conduct.1 to, other facilities owned by the same correction, the Policy requires EPA is currently evaluating the parent. Another proposed change is to companies to act to prevent recurrence effectiveness of the Small Business provide that entities that meet all of the of the violation and to remedy any Policy. The Agency will be publishing Policy conditions except for ‘‘systematic environmental harm which may have a Federal Register Notice in discovery’’ would not be recommended occurred. Repeated violations or those approximately 6 weeks asking for for criminal prosecution. which result in actual harm or may comments on the Small Business Policy. Proposed changes to implementation present an imminent and substantial As part of the Agency’s evaluations of of the Policy include a commitment to endangerment are not eligible for relief the two policies, EPA asks for comments reduce the time to process Audit Policy under this Policy, and companies will in this Notice on the advisability of cases by, for example, encouraging not be allowed to reap a significant combining the Audit Policy with the disclosers to use disclosure checklists, economic benefit by delaying their Small Business Policy. In particular, the so that EPA receives all of the investment in compliance. Corporations Agency is interested in whether small information it needs to determine policy remain criminally liable for violations businesses would be more likely to applicability and resolve cases in a that demonstrate or involve a prevalent audit and self-disclose violations (or timely fashion. The Agency also plans management philosophy that concealed seek on-site compliance assistance) if particularly to encourage disclosures at or condoned violations, or high-level the two policies were merged. EPA is multi-facilities because such disclosures corporate officials’ or managers’ particularly interested in hearing the effectively leverage resources of the conscious involvement in, or willful 1 For federal facilities, EPA has an Incidental Agency, allow regulated entities to blindness to, the violation. Individuals Violations Response Policy (IVRP), which allows review their operations holistically, and remain liable for their criminal federal facilities to obtain penalty mitigation for benefit the environment. For the same misconduct. The Audit Policy is on the violations disclosed and corrected during an reasons, sector-based initiatives High Priority List of the President’s Environmental Management Review pursuant to the IVRP. The IVRP can be found (within the involving the Audit Policy also figure Reinventing Environmental Regulations Environmental Management Review Policy) on prominently in the future of EPA’s program. The final Audit Policy became EPA’s World Wide Web site at http://www.epa.gov/ enforcement and compliance program. effective on January 22, 1996. oeca/fedfac/policy/policy.html.

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.103 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26747 comments of small businesses on this With respect to consistent application • Awareness of New Environmental point. If the Agency ultimately decides of the Audit Policy to civil violations, Issues.2 not to merge the two policies, it will EPA established the Audit Policy Quick Using an empirical, fact-based insert a reference to the Small Business Response Team (QRT) in June 1995 to approach, EPA developed and utilized Policy in the text of the revised Audit ensure that determinations for eligibility the Audit Policy Internal Survey Policy. Comments concerning small under the Audit Policy are consistent, (Internal Survey) and the Audit Policy business issues received in response to expeditious and fair nationally. In User’s Survey (User’s Survey), and will today’s Notice will be considered when January 1997, the Audit Policy QRT rely upon other information and public EPA reviews comments to the Small developed the Audit Policy Interpretive comments. Under the Internal Survey, Business Policy Notice. Guidance, providing useful guidance to EPA collected information from regulated entities, the EPA Regions and approximately fifteen Regional and 2. Audit Policy Use and General Results Headquarters and other interested Headquarters offices that process Use of the Audit Policy has been parties. The Audit Policy QRT is enforcement cases under the Audit widespread. As of March 1, 1999, 455 comprised of senior representatives Policy. The results of the Internal organizations had disclosed potential from EPA Headquarters, Regions and Survey include information about violations at approximately 1850 the Department of Justice. environmental or health improvements, facilities. A large proportion of the new environmental issues about which To address criminal violations that facilities (at least 900) were the subject EPA became aware, numbers and types are self-disclosed under the Audit of multi-facility disclosures by 16 parent of Audit Policy cases, time-frame for Policy, EPA established the Voluntary organizations. The rate of disclosure has resolving cases, reasons why entities did Disclosure Board (VDB) in October increased every year the Policy has been not qualify for Policy relief, and 1997. The VDB serves as a central body in place. suggestions for improvements to the The Audit Policy User’s Survey for consideration of all voluntary Policy and its implementation. indicates a very high satisfaction rate disclosures potentially criminal in EPA, through its contractor, sent among the users of the Policy, with 88% nature; its purpose is to ensure copies of the User’s Survey to 252 of the respondents stating that they consistent application of the Policy would use the Policy again and 84% nationwide in the nationally-managed 2 The Policy sets forth the following evaluation stating that they would recommend the criminal enforcement program. The criteria: ‘‘H. Public Accountability VDB is comprised of members (1) Within 3 years of the effective date of this Policy to clients/counterparts. None policy, EPA will complete a study of the stated that they would not use the associated with the criminal enforcement program at EPA, and a effectiveness of the policy in encouraging: Policy again or not recommend its use (a) changes in compliance behavior within the to others. Among the user comments are member from the Department of Justice, regulated community, including improved the following: Environmental Crimes Section. compliance rates; • ‘‘Companies can avoid penalties for EPA has made the Audit Policy and (b) prompt disclosure and correction of violations, including timely and accurate doing the right thing. And everyone related documents, including Agency compliance with reporting requirements; wins.’’ guidance interpreting the Policy and (c) corporate compliance programs that are • ‘‘It enhances compliance, general interest newsletters, available on successful in preventing violations, improving environmental performance and de- the World Wide Web at www.epa.gov/ environmental performance and promoting public polarization of regulators and the oeca/polguid/polguid1.html. EPA’s disclosure; (d) consistency among state programs that regulated community.’’ guidance for implementing the Audit • provide incentives for voluntary compliance. ‘‘Very good experience. It allowed Policy in the context of criminal EPA will make the study available to the public.’’ the facility to proactively respond to violations can be found at http:// 60 FR at 66712. address a compliance issue quickly es.epa.gov/oeca/oceft/audpol2.html. The Audit Policy Evaluation utilizes criteria (b) without delays related to traditional and (c) but will not focus on criteria (a) and (d). An command-and-control enforcement.’’ 3. Audit Policy Evaluation and Criteria effort to measure compliance behavior and • for Effectiveness compliance rates (criterion (a)) is underway through ‘‘In general, it is a solid program.’’ the National Performance Measures Strategy • ‘‘Created a partnership of trust Under the Public Accountability (Measures Strategy). As performance measures, the between regulator and reporting Measures Strategy has identified an ‘‘outcome’’ of section of the Audit Policy (Part II.H.), regulated entity.’’ ‘‘self-policing efforts by using compliance incentive EPA pledged to conduct a ‘‘study of the • ‘‘Ability to find, report, and correct policies’’ (Set 5), and an ‘‘output’’ of the ‘‘number effectiveness’’ of the Audit Policy by of self-policing settlements concluded’’ (Set 9). issues in a cooperative or partnering January 1999. Pursuant to this pledge, More information regarding the Measures Strategy role with EPA.’’ may be found at the following website: es.epa.gov/ Before the effective date of the final EPA initiated the Audit Policy oeca/perfmeas. Audit Policy (and the April 3, 1995 Evaluation in spring 1998 to review the Consistency among state compliance incentive effectiveness of the Audit Policy and to approaches (criterion (d)) is not an EPA goal per se. interim Audit Policy that preceded it), Rather, EPA encourages balanced, open and EPA had differing approaches to penalty recommend any appropriate revisions to the Assistant Administrator for innovative approaches for encouraging protection of mitigation for auditing, disclosure and human health and the environment. Approximately correction of violations, depending Enforcement and Compliance eleven states have developed audit policies that are Assurance. designed to encourage self-policing without upon the specific enforcement policy undermining enforcement or the public’s right to involved. The EPA Audit Policy EPA is using the following criteria to access environmental information. Other states provides a common penalty mitigation evaluate the effectiveness of the Policy: have enacted audit privilege and/or immunity laws. approach towards systematic discovery, • EPA believes that such laws are not as protective Environmental or Human Health of human health and the environment as policies prompt disclosure and expeditious Improvements Resulting from the because they invite secrecy, complicate correction of environmental violations Policy. investigations and criminal prosecutions, shield across all environmental statutes and evidence of wrongdoing, impede enforcement • Prompt Disclosure and Correction media. The Audit Policy states that it discretion, breed litigation over the scope of the of Violations. ‘‘supersedes any inconsistent provisions privilege, and frustrate public access to information • about sources of pollution. However, such laws can in media-specific penalty or Improvements in Corporate be narrowly crafted such that they do not conflict enforcement policies * * *.’’ II.G.(1). Compliance Programs. with minimum federal requirements.

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Environmental or Human Health will help prevent spills and minimize satisfaction, the extent to which the Improvements Resulting From the risk of associated harm, improved Policy encourages improvements in Policy recordkeeping will provide firefighters corporate compliance programs, and other response personnel with more motivations for using the Policy, and Use of the Audit Policy has resulted accurate information in the event of an suggestions for improvements to the in overall benefits to human health and emergency, and improved public Policy and its implementation. (Copies the environment. When companies reporting of Toxic Release Inventory of the User’s Survey results will be voluntarily detect and correct violations (TRI) data may encourage companies to available in the Audit Policy Docket, in order to take advantage of the Policy, reduce pollution at the source. hereinafter, ‘‘Docket’’.) they remove harmful pollutants from Examples of benefits that have been EPA also held several informal our air, ground and waterways, reduce achieved as a result of disclosures in meetings and conference calls with the likelihood of chemical spills and these areas include: industry, environmental groups and accidental releases, improve public • An oil company resolved Resource State representatives to obtain input on information regarding potential Conservation and Recovery Act the evaluation. On January 26, 1999, environmental hazards, and ensure safe violations involving the shipment of and February 3, 1999, EPA’s Office of management of hazardous chemicals benzene-contaminated waste without a Enforcement and Compliance Assurance and wastes. In the three years the Policy transportation manifest and to an (OECA) and the Vice President’s has been in effect, 73 of the violations unauthorized facility; National Partnership for Reinventing disclosed involved the unauthorized • A Michigan manufacturer that had Government (NPR) hosted two release of pollutants, storage or disposal previously failed to file TRI reports conferences entitled ‘‘Protecting Public of wastes, failure to remediate or corrected its violation and subsequently Health and the Environment through unpermitted activities. Examples of substituted an environmentally Innovative Approaches to Compliance.’’ benefits to human health and the preferable water-based process for the The first was held in Washington D.C., environment that have been achieved as use of 2500 pounds of chemical followed by a similar conference in San a result of these disclosures include: • solvents; Francisco, California. Both conferences A property management company • A manufacturing company were held to evaluate the success of removed doors that were painted with provided public notice that it is storing EPA’s enforcement and compliance lead-based paint from a Maryland more than 25,000 pounds each of four assurance programs at protecting public apartment complex (elevated blood lead heavy metals at a Pennsylvania facility; health and the environment since OECA levels in children have been linked to • A Montana company corrected its was reorganized five years ago. The learning disabilities, growth failure to file reports under the Toxic purpose of the conferences was to impairment, permanent visual and Substances Control Act’s Inventory discuss the actions the Agency has hearing impairment and other Update Rule, which requires taken over the past five years and to neurological damage); manufacturers to report current data on • A Minnesota company corrected solicit ideas from a variety of different production volume, plant site, and site- violations involving the improper stakeholders on how EPA can further limited status for listed chemicals; storage of polychlorinated biphenyls improve public health and the • A telecommunication company (PCBs) and subsequently properly environment through compliance alerted state agencies and local fire disposed of over 195 pounds of PCBs efforts. Participants included departments to the presence of batteries (PCBs cause birth defects, have been environmental and community groups, containing sulfuric acid at hundreds of linked to hormonal disruptions and are trade associations, small and large sites nationwide, and the company possible carcinogens); business representatives, academics, developed spill prevention measures • A manufacturing facility in New and state, local and tribal required by the Clean Water Act; York corrected Clean Air Act violations representatives. These stakeholders • Eleven Texas companies that by installing pollution control participated in small group discussions operate facilities in the Maquiladora equipment on two methanol storage addressing the topics of compliance (U.S. border) region in Mexico corrected assistance, compliance incentives, tanks (methanol fumes are a hazardous violations involving transportation of information and accountability, and air pollutant, contribute to smog and hazardous waste; and innovative approaches to enforcement. can cause serious health problems); and • The owners of an Oklahoma facility OECA also published a Federal Register • A natural gas production company reported two previously unreported Notice soliciting comments on how EPA installed pollution control equipment at spills of hazardous substances and can further protect and improve public facilities located on an American Indian Reservation in Colorado that will reduce promptly remediated the spill area. health and the environment through EPA plans to maintain the new compliance and enforcement carbon monoxide emissions by 3,700 tons, or 80%, a year (high CO levels ineligibility under the Policy for approaches (64 FR 10,144, March 2, disclosures of violations that resulted in 1999). Conference summaries and a pose a health threat, particularly to young children, the elderly, and those actual harm or may have presented an copy of the Federal Register Notice are imminent and substantial endangerment available at OECA’s website at http:// with heart or respiratory ailments). to human health or the environment.3 www.epa.gov/oeca/polguid/ Hundreds of violations have been Such violations are ineligible because oeca5sum.html. disclosed and have been or are being corrected involving deficiencies in C. Audit Policy Evaluation 3 See Section II.5, infra, for discussion of the monitoring/sampling, reporting, availability of enforcement response policies in Discussed below are the preliminary labeling, manifesting, recordkeeping, those instances where the criteria of the Audit results under each of the evaluation testing, training, and production Policy are not met.

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BILLING CODE 6560±50±C

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The Audit Policy’s substantial To date, there have been 14 management system (EMS) or a benefits to human health and the disclosures to EPA’s criminal compliance management (‘‘due environment can be increased enforcement program. Of the 14 diligence’’) system. Of these, significantly through detection and disclosures received by the Agency’s approximately half reported that the correction of violations on a multi- criminal program, three were denied Audit Policy encouraged specific facility basis. To date, 16 parent consideration under the Policy because improvements in their compliance organizations have disclosed the same they were submitted subsequent to a auditing program (54%) or EMS/ type of violations at over 900 facilities. criminal investigation having been compliance management program For example, under the Policy, a gas opened by EPA’s Criminal (50%). Reported improvements include company conducted a corporate-wide Investigations Division. Seven remain in introducing EMSs and auditing to some audit and disclosed and subsequently open investigation status. In four of the companies, and motivating others to corrected violations discovered at 13 of 11 eligible disclosures, the government audit more pervasively throughout the its facilities. Often multi-facility (either EPA alone or in conjunction with organization. Responses include the settlements are preceded by negotiations the Department of Justice) determined following: in which EPA and the company arrive either that the conduct disclosed was • ‘‘Ensured inclusion of internal at a mutual understanding of how the not criminal in nature, and referred the auditing system into EMS.’’ Audit Policy is to be applied (for matter to EPA’s civil enforcement arm, • ‘‘Broadened scope of regulatory example, the 10-day timely-disclosure or closed the matter in consultation efforts at compliance—Increased condition is adjusted to a reasonable with civil enforcement. Violations awareness of various regulatory period to allow for completion of a disclosed involve RCRA, CAA, CWA, responsibilities.’’ corporate-wide audit). EPA plans to TSCA and CERCLA. Due to the • ‘‘It confirmed the desirability of continue to encourage comprehensive relatively small number of cases, rigorous effectuation of an EMS.’’ detection, disclosure and correction of however, and the fact that the majority • ‘‘Take more diligence on audits and violations in multiple facilities owned of cases are open investigations, specific report violations in a timely manner’’ • by a common entity. violations cannot be discussed. ‘‘Improved audit follow-up of any The User’s Survey indicates that findings.’’ Many of the multi-facility disclosures • that are being made occur after one while many would have disclosed even ‘‘Internal audit system being company acquires another. Typically, in the absence of the Audit Policy, it developed on corporate level for all was a motivator for some. Responses facilities in division.’’ the acquiring company discovers the • potential violations through an audit of received include the following: ‘‘Introducing EMS and audits to • ‘‘It was only a reporting violation; company.’’ the company to be acquired and • discloses them to the EPA. The Agency without the policy we may not have ‘‘Gave us discipline and focus for is interested in receiving comments on reported it.’’ auditing.’’ • ‘‘Encouraged more complete how to encourage more companies to • ‘‘The Audit Policy was a clear documentation of the EMS.’’ disclose and correct violations motivator to report.’’ • When asked what compliance or discovered in the acquisition context. ‘‘We probably would have disclosed under the voluntary disclosure environmental improvements were As of April 30, 1999, EPA had granted induced at least in part by the penalty relief under the Policy to 166 policies.’’ • ‘‘Violations would always be incentives offered by the Policy, forty- entities involving approximately 936 four percent of respondents offered facilities, including 131 instances in disclosed, but EPA Audit Policy creates an incentive for comprehensive self- examples, including increased which no monetary penalty was awareness of compliance issues, assessed and 19 instances in which auditing.’’ Less directly applicable, the National enhanced training and review of staff gravity-based penalties were mitigated performance, and improved reporting. by 75%. There were 8 instances in Conference of State Legislatures (NCSL) recently released a study concluding Responses include the following: which the company’s economic benefit • that there is no statistically significant ‘‘We’ve embarked on a broad was recouped, including 6 instances in program to update and improve which only the economic benefit was relationship between the existence of a state environmental Audit Policy or law procedures to more plainly address paid, with 100% mitigation of the compliance.’’ gravity-based penalty. and the level of environmental 4 • ‘‘Supports open reporting internally Most of the disclosures under the disclosures over time. The study also reveals that facilities are not necessarily within entity.’’ Audit Policy involve reporting and • ‘‘To be more aware of potential monitoring types of violations of aware of the existence in their state of an audit policy or privilege/immunity problems.’’ federally-run programs. Eighty-four • ‘‘Stored waste disposed of percent of the violations disclosed are law. Between 40% and 50% of the facilities interviewed did not know properly.’’ reporting, monitoring/sampling, • ‘‘Enhancement of procedures and labeling/manifesting, recordkeeping, whether their state had an audit policy or law. training.’’ testing, training and production • ‘‘Greater awareness on the part of violations. Sixteen percent of violations 3. Improvements in Corporate management that compliance activities disclosed are unauthorized releases and Compliance Programs must become part of business violations of storage/disposal/container Seventy percent of respondents to the processes.’’ management, permit application, and • User’s Survey reported having in place ‘‘Internal audit system being remediation requirements. These a formal environmental compliance developed on corporate level for all percentages appear to reflect the high auditing program and 52% reported facilities in division.’’ percentage of regulations for reporting, • having either a formal environmental ‘‘Motivator in general to do more monitoring and recordkeeping. Ninety- frequent audits.’’ • one percent of violations disclosed were 4 ‘‘State Environmental Audit Laws and Policies: ‘‘The facility established a better violations of programs administered by An Evaluation,’’ National Conference of State system to monitor reporting EPA and not by the states. Legislatures (October, 1998). requirements.’’

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• ‘‘Improved reporting.’’ audit programs. By providing ‘‘early national organic chemical production • ‘‘Enhanced process sampling— warning,’’ EPA can provide industries volume information. Disclosures of operator personnel protective with an opportunity to come into violations in nine states brought to equipment, operator training.’’ compliance without facing the risk or EPA’s attention prevalent violations of • ‘‘EPA demonstrated the benefit of expense of an enforcement action. EPA the reporting requirement among this maintaining compliance and auditing proposes no specific revisions to the industry sector. programs through their willingness to Audit Policy in this regard. The Agency Finally, the 11 eligible disclosures reduce penalty amounts on self-reported plans to focus more carefully on received by EPA’s criminal enforcement violations.’’ reviewing efforts to prevent recurrence program so far and accepted for • ‘‘Completed TRI reports that were and plans to continue the development consideration under the Policy involve not done previously so reporting was and dissemination of auditing protocols violations that may well not have been brought up to date.’’ and other tools to assist companies in discovered absent the voluntary An additional 22% of respondents systematically discovering and disclosure. correcting violations. indicated that it was too early to tell II. Proposed Revisions and Solicitation whether the Policy had induced 4. Awareness of New Environmental for Public Comment compliance or environmental benefits, Issues 14% didn’t know, and 4% indicated no A. Discussion of Specific Proposed The Internal Survey revealed that in Revisions to Policy Text improvements. 27 instances EPA became aware of new The Internal Survey revealed that environmental issues related to In the following set of proposed entities adopted the following known compliance as a result of disclosures revisions to the Audit Policy, proposed efforts to prevent recurrence of the made under the Audit Policy. In additional text is indicated in italics, violation: 24% of the entities addition to the discovery of specific and proposed deleted text is indicated implemented employee training issues, use of the Policy has heightened in [brackets]. covering compliance requirements, 43% awareness by both EPA and the of the entities implemented a 1. Broaden Period for ‘‘Prompt regulated community of otherwise Disclosure’’ From 10 days to 21 management system addressing undetected environmental problems compliance requirements, and 33% of Calendar Days, and Clarify the Time of prevalent among specific industry Discovery the entities took other efforts such as sectors. Some disclosures to EPA have developing or formalizing procedures or assisted the agency in identifying newly Proposed Revision: II.D.3., Prompt increasing oversight or review. emerging environmental problem areas. Disclosure, ‘‘The regulated entity fully As part of several enforcement For example, a national discloses a specific violation within 21 initiatives involving the Audit Policy, telecommunications company [10] calendar days, [(]or such shorter EPA is encouraging environmental discovered and disclosed over 600 period provided by law[)], after it has auditing by distributing copies of violations of the Clean Water Act (CWA) discovered that the violation has auditing protocols. For example, as part and the Emergency Planning and occurred, or may have occurred, in of an initiative to encourage auditing Community Right to Know Act (EPCRA) writing to EPA;’’ and self-policing, the EPA is developing at over 300 of its facilities. In Proposed Revision: Explanatory Text, and plans to distribute 13 audit undertaking the audit that led to this I.E.2 (third column, third full protocols that will include summaries of disclosure, the company identified the paragraph), delete: ‘‘[Where reporting the applicable statutes and regulatory existence of a previously undetected within ten days is not practical because requirements, and checklists to help environmental risk. Through its the violation is complex and direct environmental auditors through disclosure under the Audit Policy, the compliance cannot be determined the auditing process. company alerted the EPA to this risk, within that period, the Agency may The Audit Policy has spurred prompting the Agency in turn to contact accept later disclosures if the improvements in environmental other members of the circumstances do not present a serious auditing and compliance management telecommunications industry to call threat and the regulated entity meets its systems. EPA’s experience suggests that attention to potential problems at their burden of showing that the additional companies are much more likely to take sites. EPA might have remained time was needed to determine advantage of incentives to disclose and unaware of the risk were it not for the compliance status.]’’ Replace it with: correct violations when such incentives first company’s disclosure and ‘‘EPA may extend the disclosure period are offered in the framework of correction of the problem. to allow reasonable time for completion integrated enforcement and compliance Another example of heightened and review of multi-facility audits assistance strategies, which can include awareness of sector-related where: (a) EPA and the entity agree on such elements as outreach, environmental issues is disclosures the timing and scope of the audit prior identification of compliance assistance made to EPA by six member companies to its commencement; and (b) the tools such as audit protocols, and of the Oilseed Processors Association. facilities to be audited are identified in increased compliance monitoring and Through use of the Audit Policy, EPA advance.’’ enforcement activities. Participation became aware of significant violations Proposed Revision: Explanatory Text, may be further enhanced when the among food processors who produce I.E.2 (66708–66709), ‘‘This condition terms for disclosure and correction are products that do not qualify as foods or recognizes that it is critical for EPA to standardized, e.g., through pre- food additives for purposes of the get timely reporting of violations in established deadlines and penalty Federal Food, Drug and Cosmetic Act order that it might have clear notice of amounts. This is consistent with a 1995 and, therefore, are subject to regulation the violations and the opportunity to Price Waterhouse survey, ‘‘The as chemical substances under the Toxic respond if necessary, as well as an Voluntary Environmental Audit Survey Substances Control Act (TSCA). TSCA’s accurate picture of a given facility’s of U.S. Business,’’ which found that Inventory Update Rule requires certain compliance record. Prompt disclosure is inspections and enforcement play a parties to report to EPA chemical also evidence of the regulated entity’s critical role in motivating corporate information for use in EPA’s database of good faith in wanting to achieve or

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.109 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26753 return to compliance as soon as Under the prompt disclosure However, the audit policy is designed to possible. provision, for purposes of pinpointing encourage entities to disclose violations ‘‘In the final Policy, the Agency has the date of discovery and calculating the before an entity is the subject of any added the words, ‘‘or may have disclosure period, the time at which a investigation, not after EPA uncovers occurred,’’ to the sentence, ‘‘The violation may have occurred begins violations at one facility. EPA cautions regulated entity fully discloses [that] when any officer, director or employee that once an inspection or response to within 21 days * * *’’ after it has of the facility has an objectively an information request has revealed discovered that the violation has reasonable basis to conclude that a violations at one facility, the regulated occurred, [a specific violation has violation has occurred. The existence of entity is more likely to be the subject of this objectively reasonable basis will occurred,] or may have occurred increased scrutiny. Where EPA plans an begin the running of the 21-day clock ** *.’’ This change, which was made investigation of other facilities owned or for disclosure. Where there are differing in response to comments received, operated by an entity, those other clarifies that where an entity has some legal interpretations that raise the issue of whether a violation has occurred as facilities will not be entitled to audit doubt about the existence of a violation, policy credit. the recommended course is for it to a matter of law, an entity should disclose and allow the regulatory disclose the violation as soon as Rationale: The primary purpose of authorities to make a definitive possible but in no case more than 21 this condition, as stated in the current determination. The time at which a days after the awareness of facts that preamble to the Policy, is to ensure that violation may have occurred begins constitute a possible violation. EPA will regulated entities seeking relief under when any officer, director, employee or make a definitive determination the Policy have taken the initiative to agent of the facility has an objectively concerning whether such facts actually find violations and promptly report reasonable basis to conclude that a present a violation of law. them, rather than reacting to knowledge violation may have occurred. For the sake of clarity, the explanatory of a pending enforcement action, text language implying that disclosures Rationale: While EPA proposes to investigation, or third-party complaint. may be made after the disclosure period broaden the disclosure period from 10 This proposed change harmonizes the has run is proposed for deletion. to 21 days, EPA also proposes to clarify language of the Policy with EPA when a violation ‘‘may have occurred,’’ 2. State That the Impending Inspection/ practice. Thus, Policy relief for a facility or when the disclosure period begins to Investigation or Information Request is not necessarily precluded by an run. Based on results of the User’s Must ‘‘Involve The Same Facility’’ in inspection, investigation or information Survey and other sources, the 10-day Order to Fail Under the ‘‘Independent request at another facility owned by the disclosure period may be a significant Discovery’’ Condition same parent organization. impediment to increased use of the Proposed Revision: II.D.4, Discovery Audit Policy. Expanding the disclosure and Disclosure Independent of 3. State That ‘‘No Recommendation for period is the most frequent suggestion Government or Third Party Plaintiff, Criminal Prosecution’’ Is Available for by users, and disclosure beyond the 10- ‘‘The violation must also be identified Entities That Meet All of the Conditions day time-frame is a common reason for and disclosed by the regulated entity Except for ‘‘Systematic Discovery’’ ineligibility under the Policy. For these prior to: reasons, EPA proposes to broaden the (a) the commencement of a federal, Proposed Revision: II.C.3, No prompt disclosure period from 10 days state or local agency inspection or Criminal Recommendations, ‘‘(a) EPA to 21 days. investigation, or the issuance by such will not recommend to the Department The broadening of the disclosure agency of an information request [to the of Justice or any other prosecuting period is in response to EPA’s analysis regulated entity] involving the same authority that criminal charges be and experience as well as to input from facility of that entity; or the brought against a regulated entity where representatives from regulated entities commencement of a broad investigation EPA determines that all of the that 10 days is not sufficient time to to address multi-facility compliance conditions of Section D(2) through D(9) analyze and decide whether to disclose problems at the regulated entity. Where, below [in Section D] are satisfied, so potential violations, especially for larger as a result of violations uncovered long as the violation does not corporations with several layers of during an inspection, investigation, or demonstrate or involve: * * *.’’ management. Results of the Internal information request at a facility, EPA is Rationale: EPA proposes that ‘‘no Survey indicate that approximately 23 planning to inspect, investigate, or send recommendation for criminal of 53 late disclosers reported by survey an information request to other facilities prosecution’’ is available for entities respondents had disclosed within the of the same regulated entity, such that meet all of the conditions except for 11–21 day time-frame after they facilities will not qualify for audit policy ‘‘systematic discovery.’’ In the ‘‘discovered’’ the violation had occurred credit because any violations disclosed or may have occurred. The choice of 21 thereafter would not be ‘‘independent’’ application of this Policy to criminal days, a multiple of seven, will make it of government action.’’ matters, there is no ability to grant a very likely that the disclosure deadline Add to the Explanatory Text (at end of reduction in gravity benefit to a falls on a business day if ‘‘discovery’’ current text in section E(3)): disclosing entity. Even if a violation is was made on a business day. Finally, ‘‘Where the regulated entity owns not discovered systematically, its the designation of ‘‘calendar’’ day as and/or operates more than one facility, circumstances may not present the kind opposed to ‘‘business’’ day will clarify the fact that an investigation (e.g., of culpability that rises to the level of EPA’s expectations. In practice EPA has information request or inspection) has criminal conduct. Because EPA wants to used calendar days in applying this begun with respect to one facility does encourage disclosures of potential condition. Note that entities would still not per se disqualify another facility criminal violations, Policy benefits will be required to disclose within any owned or operated by the entity from be extended to a disclosing entity in the legally mandated time frame, e.g., the receiving audit policy credit. The audit criminal context regardless of how immediate reporting requirement for policy does encourage multi-facility discovery is made. unpermitted releases in 42 U.S.C. 9603. auditing and disclosure of violations.

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4. Clarify the Meaning of ‘‘Cooperation’’ 5. Clarify That Penalty Relief Is 7. Change Nomenclature of ‘‘Due Required for Disclosures Made Under Available Under Other Enforcement Diligence’’ to ‘‘Compliance Management the Policy Policies for ‘‘Good Faith’’ Disclosures of System’’ Violations Even for Those That Do Not Proposed Revision: II.D.9. Proposed revision: D.1.Systematic Meet the Audit Policy criteria Discovery, ‘‘The violation was Cooperation, add a new sentence at the Proposed Revision: G. Applicability, discovered through: end of the paragraph: ‘‘EPA does not (a) an environmental audit; or add to end of paragraph (2), ‘‘Where an intend to request an audit report to (b) a compliance management system determine the applicability of this entity has failed to meet any of the [an objective documented, systematic Policy for purposes of civil penalty conditions of Section II.D.2 through 9 procedure or practice] reflecting the mitigation unless EPA determines that and therefore is not eligible for penalty regulated entity’s due diligence in information contained in an audit relief under this Policy, an entity may preventing, detecting, and correcting report is necessary to such still be eligible for penalty relief under violations. The regulated entity must determination and is not readily other EPA media-specific enforcement provide accurate and complete available otherwise.’’ policies in recognition of good faith documentation to the Agency as to how efforts, even where, for example, the Proposed Revision: Explanatory Text, its compliance management system violation may have presented an I.E.8., Cooperation, add to end of meets [it exercises due diligence to imminent and substantial paragraph, ‘‘Cooperation in a criminal prevent, detect and correct violations endangerment or resulted in serious according to] the criteria in Section B investigation shall include, at a actual harm.’’ minimum, access by EPA to all and how the regulated entity discovered information relevant to the violation(s) Rationale: This additional language the violation through its compliance management system. EPA may require disclosed, including that portion of the responds to industry contentions that as a condition of penalty mitigation that environmental audit or documentation regulated entities may not be aware that a description of the regulated entity’s from the compliance management penalty relief for self-disclosures is available under other enforcement compliance management system [due system that revealed the violation(s), diligence efforts] be made publicly access to the individuals who conducted policies for entities that did not qualify for relief under the Audit Policy, even available. the audit or review, access to all if they failed under the exclusion for Proposed revision: II.B., Definitions employees of the disclosing entity, and ‘‘imminent and substantial * * * ‘‘Compliance Management access to all requested documents. Such endangerment/serious actual harm.’’ A System’’ [‘‘Due Diligence’’] encompasses cooperation may be effected directly by review of the major media-specific the regulated entity’s documented the company or through counsel. Full enforcement policies indicates that systematic efforts, appropriate to the cooperation does not necessarily require ‘‘good faith’’ efforts may result in up to size and nature of its business, to that the entity waive all legal privileges 50% gravity mitigation with respect to prevent, detect and correction violations available to it, but does require that the violations that may have failed under through all of the following: * * *.’’ Proposed revision: D.6. Prevent disclosing entity provide EPA with all the ‘‘imminent and substantial Recurrence, ‘‘The regulated entity agrees information relevant to the violation(s) endangerment/serious actual harm’’ in writing to take steps to prevent a disclosed, whether or not such exclusion of the Audit Policy, recurrence of the violation, which may information might otherwise be depending upon the enforcement policy include improvements to its protected by legal privilege.’’ involved and the precise facts. environmental auditing program or Rationale: Part II.C.4. of the Policy 6. Clarify EPA’s Intent Concerning the compliance management system [due states EPA’s general policy and practice Imminent and Substantial diligence efforts];’’ regarding requests for and use of Endangerment Exclusion Rationale: Under this proposed environmental audits, but does not revision, ‘‘compliance management indicate under what circumstances EPA In response to concerns that the system’’ would replace the term ‘‘due will request audit reports from entities imminent and substantial endangerment diligence’’ without changing the listed that have disclosed violations under the exclusion from the Policy is unclear criteria for a systematic compliance Audit Policy, i.e., what is required and/or too harsh, today EPA is management program. The term under the Policy’s ‘‘cooperation’’ clarifying its intent regarding this ‘‘compliance management system’’ is condition. This language clarifies the standard. This condition does not bar a much more commonly used by industry EPA’s approach to ‘‘cooperation’’ for company from qualifying for relief and EPA to refer to a systematic disclosures of civil and criminal under the Audit Policy solely because management plan or efforts to attain violations. the violation involves release of a compliance than the term, ‘‘due These proposed changes are pollutant to the environment; rather, it diligence efforts.’’ The term ‘‘due consistent with EPA practice. EPA has is intended to exclude those violations diligence’’ arose solely from the 1991 not requested submission of audit that present a serious risk of harm since Sentencing Guidelines as part of the reports to satisfy the cooperation good audit programs should prevent definition of an ‘‘effective program to prevent and detect violations of law,’’ condition unless it is necessary to apply such occurrences. Releases of emissions do not necessarily result in an imminent which is a mitigating factor in the Policy and the information and substantial endangerment.5 To date, determining the criminal fine for contained in the audit report is not EPA has not invoked the imminent and convicted organizations. This proposed available otherwise. substantial endangerment exclusion to revision will avoid confusing ‘‘due The second set of proposed revisions deny Audit Policy credit for any diligence’’ under this Policy with ‘‘due provides additional guidance with disclosure. diligence’’ inquiries in the mergers and respect to requests for audit reports from acquisitions context. The proposed entities that have disclosed criminal 5 See Guidance on the Use of Section 7003 of revision also states that, like the violations. RCRA (October 1997). ‘‘environmental audit’’ method of

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The explanatory text will (SAC) or EPA regional enforcement documents include compliance state that the compliance management personnel will be forwarded to the agreements reached under the Policy system method of systematic discovery Board for initial evaluation and (see Section H of the Policy)[,] and [as is intended to cover violations monitoring purposes. well as, including] descriptions of discovered through the day-to-day ‘‘Following a disclosure of potential compliance management systems [due operation of the system, such as criminal violation(s), a criminal diligence programs] submitted under detection of violations by an employee investigation will be initiated. During Section D.1 of the Policy. Any material trained pursuant to the compliance the course of the investigation, the claimed to be Confidential Business management system, as well as Board will routinely monitor the Information will be treated in detection through environmental audits progress of the investigation as accordance with EPA regulation at 40 that are part of the compliance necessary to ensure that sufficient facts CFR Part 2.’’ management system. have been established to support (or Rationale: This change is intended to oppose) a recommendation that relief harmonize the explanatory text with 8. Describe the EPA Processes for under the Policy be granted. At the EPA practice regarding the public Handling Civil and Criminal Disclosures conclusion of the criminal investigation, availability of Audit Policy case Proposed revisions: add new Section the Board will make a recommendation information following the formal I at the end of the explanatory text: to the Deciding Official. conclusion of the case. ‘‘Upon receiving the Board’s ‘‘I. Implementation of Policy recommendation, the Deciding Official 10. Clarify That Violations Discovered ‘‘Disclosures of civil environmental will make his final recommendation to Pursuant to an Environmental Audit or violations under the Audit Policy should the appropriate United States Attorney’s Use of a CMS Performed as a be made to the EPA Regions or, where Office and/or the Department of Justice. Requirement of Participation in an the violations to be disclosed involve The recommendation of the Deciding Agency Partnership Program Can Be more than one EPA Region, to an Official, however, is only that—a Considered To Have Been Discovered appropriate Headquarters office. The recommendation. A United States Voluntarily Regional or Headquarters offices decide Attorney’s Office and/or the Department Proposed Revision: Add a new in the first instance whether application of Justice retain full authority to exercise subsection (5) to the ‘‘Applicability’’ of the Audit Policy in a specific case is prosecutorial discretion. Section of the Audit Policy (II.G), as appropriate. As in other non-disclosure ‘‘The Voluntary Disclosure Board was follows: cases, the Regional and Headquarters established in October 1997 to serve as (5) For purposes of this Policy, offices coordinate with the criminal a central body for consideration of all violations discovered pursuant to an program offices and the Department of voluntary disclosures potentially environmental audit or CMS can be Justice where there may be evidence of criminal in nature. The VDB is considered to be voluntary even if it is criminal violations. Conversely, comprised of members associated with conducted in conjunction with a disclosures made to the criminal the criminal enforcement program at ‘‘partnership’’ program that requires an enforcement program that reveal EPA, including a member from the environmental audit or CMS. EPA will violations that may be civil in nature Department of Justice, Environmental consider application of the Audit Policy will be coordinated with the appropriate Crimes Section. The Board operates to to such partnership program projects on Regional or Headquarters civil ensure consistent application of the a project-by-project basis. enforcement office. The Audit Policy Policy nationwide in this nationally Rationale: In partnership programs, Quick Response Team (QRT), managed criminal enforcement EPA has found the Audit Policy to be established in June 1995, addresses program.’’ useful as applied to companies issues of national significance and 9. Clarify That EPA Will Release Case sponsoring regulatory flexibility pilot ensures consistent and fair application Information Upon Case Settlement projects (e.g., Project XL). This change of the Policy across EPA Regions and Unless a Claim of Confidential Business will ensure that facilities or regulated programs. The Audit Policy QRT is Information Is Made, Another Freedom entities participating in one of the comprised of senior representatives of Information Act Exemption Applies, ‘‘partnership’’ programs that EPA is from EPA Headquarters, Regions and or Any Other Law Would Preclude Such conducting are not foreclosed from the Department of Justice. Release receiving penalty mitigation for ‘‘Requests for relief under the Audit violations discovered during an Policy for cases giving rise to potential Proposed Revision: Explanatory Text, environmental compliance audit or use criminal violations will be considered by I.E.2., Voluntary Discovery and Prompt of a CMS performed as a condition of the Voluntary Disclosure Board (VDB or Disclosure, 66709, column 1: ‘‘[In participation in such program. Board) in the Office of Criminal general, the Freedom of Information Act Enforcement, Forensics and Training (FOIA) will govern the Agency’s release 11. Note the Availability of (OCEFT), located at EPA Headquarters. of disclosures made pursuant to this Interpretative Guidance on Many Issues The Board will receive, monitor and policy.] Upon formal settlement of a Concerning the Availability and the consider all requests for consideration case involving disclosure under this Application of the Policy under the Policy, and make Policy, EPA will [, independently of Proposed Revision: II.G, add a new recommendations to the Director of FOIA,] make publicly available any self- subsection to the ‘‘Applicability’’ OCEFT who will serve as the Deciding disclosures and related documents, section of the Policy: Official in all cases where disclosure unless the disclosing entity claims them ‘‘(6) EPA has issued interpretative indicates potential criminal violations. as Confidential Business Information guidance addressing several ‘‘Disclosure and request for relief (and that claim is validated by U.S. applicability issues pertaining to the under the Policy in potential criminal EPA), unless another exemption under Audit Policy. Those considering whether cases should be made to the Board the Freedom of Information Act is to take advantage of the Policy should directly. Disclosures identifying asserted and/or applies, or the Privacy review that guidance to see if it

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Clarify That if a Facility Discloses to provided a common approach toward EPA a Violation of a Program That a would resolve certain potential claims encouraging self-policing that is State is Approved or Authorized to of the United States under Sections 106 consistently applied across all Administer and Enforce, EPA Will and 107 of CERCLA, 42 U.S.C. 9606 and environmental media and EPA Regions Consult With the Applicable State in 9607, Section 311 of the Clean Water and offices. EPA does not recommend Responding to the Disclosure Act, 33 U.S.C. 1321, and Section 1002(b) any revisions to Policy implementation of the Oil Pollution Act, 33 U.S.C. Proposed Revision: I.G, add a new in this regard. To the extent that data 2702(b), against Ridgemont and Brink. sentence at the end of the current text indicate that awareness of the Audit The proposed PPA would require in the ‘‘Effect on States’’ section of the Policy is low, EPA will continue to Ridgemont and Brink to pay the United explanatory text: emphasize Audit Policy awareness- States $20,000 to be applied toward ‘‘Facilities wishing to disclose building activities. outstanding response costs incurred by violations under the Audit Policy should the United States in conducting disclose to the appropriate EPA Dated: May 11, 1999. Steven A. Herman, federally funded removal activities at Regional or Headquarters contact. When the Site. The Site is not on the NPL. No a facility discloses to EPA a violation of Assistant Administrator for Enforcement and Compliance Assurance. further response activities at the Site are a state-authorized or -approved anticipated at this time. program, the Agency will inform the [FR Doc. 99–12369 Filed 5–14–99; 8:45 am] DATES: relevant state agency and consult with BILLING CODE 6560±50±U Comments on the proposed PPA it as to an appropriate response.’’ must be received by U.S. EPA on or before June 16, 1999. B. Discussion of Specific Proposed ENVIRONMENTAL PROTECTION ADDRESSES: A copy of the proposed PPA Revisions to Policy Implementation AGENCY is available for review at U.S. EPA, The most frequently suggested change [FRL±6343±7] Region 5, 77 West Jackson Boulevard, from users regarding Policy Chicago, Illinois 60604. Please contact implementation is expediting the EPA Proposed CERCLA Prospective Reginald A. Pallesen at (312) 886–0555, time to acknowledge or respond to the Purchaser Agreement for the Zephyr prior to visiting the Region 5 office. disclosures and/or time to settle the Refinery Site Comments on the proposed PPA should case. EPA internal data also point be addressed to Reginald A. Pallesen, toward needed improvements in this AGENCY: U.S. Environmental Protection Office of Regional Counsel (C–14J), U.S. area as EPA took more than 15 days to Agency (‘‘U.S. EPA’’). EPA, Region 5, 77 West Jackson acknowledge the disclosure in at least ACTION: Proposal of CERCLA Boulevard, Chicago, Illinois 60604. 35% of the cases and more than 90 days prospective purchaser agreement for the FOR FURTHER INFORMATION CONTACT: to settle the case in at least 66% of the Zephyr Refinery Site. Reginald A. Pallesen, Associate cases. In many cases, EPA has SUMMARY: Regional Counsel, at (312) 886–0555. A experienced long delays in obtaining In accordance with the Comprehensive Environmental 30-day period, commencing on the date requested information from entities. In of publication of this notice, is open for many other cases, however, EPA should Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’), 42 U.S.C. 9601 comments on the proposed PPA. have been able to process disclosures on Comments should be sent to the a more expeditious basis. EPA intends et seq., as amended by the Superfund Amendments and Reauthorization Act addressee identified in this notice. to encourage the use of disclosure William E. Muno, checklists that would have the effect of of 1986 (‘‘SARA’’), Pub. L. 99–499, notice is hereby given that a proposed Director, Superfund Division, U.S. increasing the efficiency of collecting Environmental Protection Agency, Region 5. information needed to apply the Audit prospective purchaser agreement [FR Doc. 99–12365 Filed 5–14–99; 8:45 am] Policy, and the Agency is exploring (‘‘PPA’’) for the Zephyr Refinery Site other steps to speed the processing of (‘‘Site’’) located in Muskegon Township, BILLING CODE 6560±50±M disclosures. Michigan, has been executed by The data reveal that entities disclosed 6 violations at approximately 1850 Results of the following surveys and studies FEDERAL EMERGENCY support this proposition: MANAGEMENT AGENCY facilities and that at least 900 of these • 1995 Price Waterhouse survey, ‘‘The Voluntary facilities involved multiple disclosures Environmental Audit Survey of U.S. Business,’’ [FEMA±3139±EM] by the same parent organization. The question 25, (As a reason for auditing, 96% Agency proposes to encourage multi- indicated ‘‘Problems can be identified internally and corrected before they are discovered by an Florida; Emergency and Related facility disclosures in particular because agency inspection.’’); Determinations such disclosures effectively leverage • 1998 National Conference of State Legislatures, resources of the Agency, allow regulated finding 5 (90% of respondents rank as being very AGENCY: Federal Emergency entities to review their operations important reasons for auditing, ‘‘Measuring Management Agency (FEMA). holistically, and benefit the compliance with environmental requirements, and ACTION: Notice. identifying problems internally and correcting them environment. before they are discovery during an inspection by For the same reasons, sector-based a regulatory agency.’’) SUMMARY: This is a notice of the enforcement initiatives involving the • 1998 Audit Policy User’s Survey, question 17 Presidential declaration of an Audit Policy also figure prominently in (As second most frequently cited reason for emergency for the State of Florida disclosing violations under the Audit Policy, ‘‘To (FEMA–3139–EM), dated April 27, the future of EPA’s enforcement and take proactive measures to find and address compliance program. These types of compliance problems before EPA discovered 1999, and related determinations. initiatives are also supported by direct them.’’) EFFECTIVE DATE: April 27, 1999.

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FOR FURTHER INFORMATION CONTACT: (The following Catalog of Federal Domestic with the requirement that Federal assistance Madge Dale, Response and Recovery Assistance Numbers (CFDA) are to be used be supplemental, any Federal funds provided Directorate, Federal Emergency for reporting and drawing funds: 83.537, under the Stafford Act for Public Assistance Management Agency, Washington, DC Community Disaster Loans; 83.538, Cora or Hazard Mitigation will be limited to 75 Brown Fund Program; 83.539, Crisis percent of the total eligible costs. 20472, (202) 646–3772. Counseling; 83.540, Disaster Legal Services Further, you are authorized to make SUPPLEMENTARY INFORMATION: Notice is Program; 83.541, Disaster Unemployment changes to this declaration to the extent hereby given that, in a letter dated April Assistance (DUA); 83.542, Fire Suppression allowable under the Stafford Act. 27, 1999, the President declared an Assistance; 83.543, Individual and Family The time period prescribed for the emergency under the authority of the Grant (IFG) Program; 83.544, Public implementation of section 310(a), Robert T. Stafford Disaster Relief and Assistance Grants; 83.545, Disaster Housing Program; 83.548, Hazard Mitigation Grant Priority to Certain Applications for Emergency Assistance Act (42 U.S.C. Public Facility and Public Housing 5121 et seq.), as follows: Program.) James L. Witt, Assistance, 42 U.S.C. 5153, shall be for I have determined that the emergency a period not to exceed six months after Director. conditions in certain areas of the State of the date of this declaration. Florida, resulting from fire hazards on April [FR Doc. 99–12346 Filed 5–14–99; 8:45 am] Notice is hereby given that pursuant 15, 1999, and continuing, is of sufficient BILLING CODE 6718±02±P to the authority vested in the Director of severity and magnitude to warrant an the Federal Emergency Management emergency declaration under subsection 501(a) of the Robert T. Stafford Disaster Agency under Executive Order 12148, I FEDERAL EMERGENCY hereby appoint Curtis D. Musgrave of Relief and Emergency Assistance Act, P.L. MANAGEMENT AGENCY 93–288, as amended (‘‘the Stafford Act’’). I, the Federal Emergency Management therefore, declare that such an emergency [FEMA±1273±DR] Agency to act as the Federal exists in the State of Florida. Coordinating Officer for this declared You are authorized to provide appropriate Kansas; Major Disaster and Related disaster. assistance for required emergency protective Determinations I do hereby determine the following measures as authorized under Title V, areas of the State of Kansas to have been AGENCY: Federal Emergency excluding regular time costs for subgrantees affected adversely by this declared regular employees. The assistance provided Management Agency (FEMA). major disaster: under this declaration does not include ACTION: Notice. debris removal assistance. Sedgwick County for Individual Assistance In order to provide Federal assistance, you SUMMARY: This is a notice of the and Debris removal and emergency are hereby authorized to allocate from funds Presidential declaration of a major protective measures (Categories A and B) available for these purposes, such amounts as disaster for the State of Kansas (FEMA– under the Public Assistance program. you find necessary for Federal disaster 1273–DR), dated May 4, 1999, and All counties within the State of assistance and administrative expenses. Kansas are eligible to apply for Consistent with the requirement that related determinations. Federal assistance be supplemental, any EFFECTIVE DATE: May 4, 1999. assistance under the Hazard Mitigation Federal funds provided under the Stafford FOR FURTHER INFORMATION CONTACT: Grant Program. Act will be limited to 75 percent of the total Madge Dale, Response and Recovery (The following Catalog of Federal Domestic eligible costs. Directorate, Federal Emergency Assistance Numbers (CFDA) are to be used You are further authorized to make Management Agency, Washington, DC for reporting and drawing funds: 83.537, changes to this declaration to the extent 20472, (202) 646–3772. Community Disaster Loans; 83.538, Cora allowable under the Stafford Act. Brown Fund Program; 83.539, Crisis SUPPLEMENTARY INFORMATION: Notice is Notice is hereby given that pursuant Counseling; 83.540, Disaster Legal Services hereby given that, in a letter dated May to the authority vested in the Director of Program; 83.541, Disaster Unemployment 4, 1999, the President declared a major Assistance (DUA); 83.542, Fire Suppression the Federal Emergency Management disaster under the authority of the Assistance; 83.543, Individual and Family Agency under Executive Order 12148, I Robert T. Stafford Disaster Relief and Grant (IFG) Program; 83.544, Public hereby appoint Paul W. Fay of the Emergency Assistance Act (42 U.S.C. Assistance Grants; 83.545, Disaster Housing Federal Emergency Management Agency Program; 83.548, Hazard Mitigation Grant 5121 et seq.), as follows: to act as the Federal Coordinating Program.) Officer for this declared disaster. I have determined that the damage in James L. Witt, I do hereby determine the following certain areas of the State of Kansas, resulting Director. from severe storms and tornadoes on May 3, areas of the State of Florida to have been [FR Doc. 99–12345 Filed 5–14–99; 8:45 am] affected adversely by this declared an 1999, and continuing is of sufficient severity and magnitude to warrant a major disaster BILLING CODE 6718±02±P emergency: declaration under the Robert T. Stafford The counties of Alachua, Baker, Bay, Disaster Relief and Emergency Assistance Bradford, Brevard, Broward, Calhoun, Act, P.L. 93–288, as amended (‘‘the Stafford FEDERAL EMERGENCY Charlotte, Collier, Columbia, Dade, Desoto, Act’’). I, therefore, declare that such a major MANAGEMENT AGENCY Franklin, Gadsden, Gilchrist, Glades, Gulf, disaster exists in the State of Kansas. Hamilton, Hardee, Hendry, Highlands, In order to provide Federal assistance, you [FEMA±1270±DR] Hillsborough, Holms, Indian River, Jackson, are hereby authorized to allocate from funds Jefferson, Lee, Leon, Levy, Liberty, Manatee, available for these purposes, such amounts as Missouri; Amendment No. 2 to Notice Marion, Monroe, Okeechobee, Orange, you find necessary for Federal disaster of a Major Disaster Declaration Osceola, Palm Beach, Pinellas, Polk, Putnam, assistance and administrative expenses. AGENCY: Federal Emergency Sarasota, Seminole, St. Lucie, Swannee, You are authorized to provide Individual Union, Wakulla, Walton, and Washington. Assistance, debris removal and emergency Management Agency (FEMA). FEMA will provide appropriate assistance for protective measures (Categories A and B) ACTION: Notice. required emergency protective measures as under the Public Assistance Program, and authorized under Title V of the Stafford Act. Hazard Mitigation in the designated areas. SUMMARY: This notice amends the notice The assistance provided under this Further, you are authorized to provide other of a major disaster for the State of declaration does not include debris removal categories of assistance under the Public Missouri, (FEMA–1270–DR), dated May assistance. Assistance program, if warranted. Consistent 5, 1999, and related determinations.

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EFFECTIVE DATE: May 5, 1999. on May 3–4, 1999, is of sufficient severity Program; 83.548, Hazard Mitigation Grant FOR FURTHER INFORMATION CONTACT: and magnitude to warrant a major disaster Program.) declaration under the Robert T. Stafford Madge Dale, Response and Recovery James L. Witt, Disaster Relief and Emergency Assistance Director. Directorate, Federal Emergency Act, P.L. 93–288, as amended (‘‘the Stafford Management Agency, Washington, DC Act’’). [FR Doc. 99–12343 Filed 5–14–99; 8:45 am] 20472, (202) 646–3772. I, therefore, declare that such a major BILLING CODE 6718±02±P SUPPLEMENTARY INFORMATION: The notice disaster exists in the State of Oklahoma. of a major disaster for the State of In order to provide Federal assistance, you Missouri is hereby amended to include are hereby authorized to allocate from funds FEDERAL EMERGENCY available for these purposes, such amounts as MANAGEMENT AGENCY the following areas among those areas you find necessary for Federal disaster determined to have been adversely assistance and administrative expenses. [FEMA±1272±DR] affected by the catastrophe declared a You are authorized to provide Individual major disaster by the President in his Assistance, debris removal and emergency Oklahoma; Amendment No. 1 to Notice declaration of May 5, 1999: protective measures (Categories A and B) of a Major Disaster Declaration under the Public Assistance program, and Andrew, Iron, Macon, and Osage Counties AGENCY: Federal Emergency for Individual Assistance. Hazard Mitigation in the designated areas and other forms of assistance under the Management Agency (FEMA). (The following Catalog of Federal Domestic Stafford Act you may deem appropriate. ACTION: Notice. Assistance Numbers (CFDA) are to be used Consistent with the requirement that Federal for reporting and drawing funds: 83.537, assistance be supplemental, any Federal SUMMARY: This notice amends the notice Community Disaster Loans; 83.538, Cora funds provided under the Stafford Act for of a major disaster for the State of Brown Fund Program; 83.539, Crisis Public Assistance or Hazard Mitigation will Counseling; 83.540, Disaster Legal Services Oklahoma (FEMA–1272–DR), dated be limited to 75 percent of the total eligible May 4, 1999, and related Program; 83.541, Disaster Unemployment costs. Assistance (DUA); 83.542, Fire Suppression Further, you are authorized to make determinations. Assistance; 83.543, Individual and Family changes to this declaration to the extent EFFECTIVE DATE: May 5, 1999. Grant (IFG) Program; 83.544, Public allowable under the Stafford Act. FOR FURTHER INFORMATION CONTACT: Assistance Grants; 83.545, Disaster Housing Madge Dale, Response and Recovery Program; 83.548, Hazard Mitigation Grant The time period prescribed for the Directorate, Federal Emergency Program.) implementation of section 310(a), Management Agency, Washington, DC Lacy E. Suiter, Priority to Certain Applications for 20472, (202) 646–3772. Executive Associate Director, Response and Public Facility and Public Housing Recovery Directorate. Assistance, 42 U.S.C. 5153, shall be for SUPPLEMENTARY INFORMATION: Notice is [FR Doc. 99–12342 Filed 5–14–99; 8:45 am] a period not to exceed six months after hereby given that, in a letter dated May BILLING CODE 6718±02±P the date of this declaration. 5, 1999, the President amended the cost- sharing arrangements concerning Notice is hereby given that pursuant Federal funds provided under the FEDERAL EMERGENCY to the authority vested in the Director of authority of the Robert T. Stafford MANAGEMENT AGENCY the Federal Emergency Management Disaster Relief and Emergency Agency under Executive Order 12148, I Assistance Act (42 U.S.C. 51521 et seq.), [FEMA±1272±DR] hereby appoint Robert Hendrix of the in a letter to James L. Witt, Director of Federal Emergency Management Agency Oklahoma; Major Disaster and Related the Federal Emergency Management to act as the Federal Coordinating Agency, as follows: Determinations Officer for this declared disaster. I have determined that the damage in AGENCY: Federal Emergency I do hereby determine the following certain areas of the State of Oklahoma, Management Agency (FEMA). areas of the State of Oklahoma to have resulting from tornadoes and severe storms ACTION: Notice. been affected adversely by this declared on May 3–4, 1999, is of sufficient severity major disaster: and magnitude that the provision of direct Federal assistance to ensure public health SUMMARY: This is a notice of the Caddo, Cleveland, Creek, Grady, McClain, and safety is warranted under the Robert T. Presidential declaration of a major Oklahoma, Kingfisher, Lincoln, Logan, Stafford Disaster Relief and Emergency disaster for the State of Oklahoma Pottawatomie, and Tulsa Counties for Assistance Act (‘‘the Stafford Act’’). Individual Assistance and debris removal (FEMA–1272–DR), dated May 4, 1999 Therefore, I amend my declaration of May and emergency protective measures and related determinations. 4, 1999, to provide that the Federal (Categories A and B) under the Public EFFECTIVE DATE: May 4, 1999. Emergency Management Agency (FEMA) Assistance program. FOR FURTHER INFORMATION CONTACT: may reimburse 100 percent of the costs of Madge Dale, Response and Recovery All counties within the State of debris removal and emergency protective measures (Categories A and B) under the Directorate, Federal Emergency Oklahoma are eligible to apply for Public Assistance Program, including direct Management Agency, Washington, DC assistance under the Hazard Mitigation Federal assistance effective May 4, 1999, 20472, (202) 646–3772. Grant Program. through May 7, 1999. This assistance may be SUPPLEMENTARY INFORMATION: Notice is (The following Catalog of Federal Domestic provided to all counties designated under the hereby given that, in a letter dated May Assistance Numbers (CFDA) are to be used major disaster declaration. You may extend 4, 1999, the President declared a major for reporting and drawing funds: 83.537, this assistance for an additional period of disaster under the authority of the Community Disaster Loans; 83.538, Cora time, if warranted. Brown Fund Program; 83.539, Crisis Please notify the Governor of Oklahoma Robert T. Stafford Disaster Relief and and the Federal Coordinating Officer of this Emergency Assistance Act (42 U.S.C. Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment amendment to my major disaster declaration. 5121 et seq.), as follows: Assistance (DUA); 83.542, Fire Suppression (The following Catalog of Federal Domestic I have determined that the damage in Assistance; 83.543, Individual and Family Assistance Numbers (CFDA) are to be used certain areas of the State of Oklahoma, Grant (IFG) Program; 83.544, Public for reporting and drawing funds: 83.537, resulting from tornadoes and severe storms Assistance Grants; 83.545, Disaster Housing Community Disaster Loans; 83.538, Cora

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Brown Fund Program; 83.539, Crisis inspection at the Federal Reserve Bank PLACE: Marriner S. Eccles Federal Counseling; 83.540, Disaster Legal Services indicated. The application also will be Reserve Board Building, 20th and C Program; 83.541, Disaster Unemployment available for inspection at the offices of Streets, NW., Washington, DC 20551. Assistance (DUA); 83.542, Fire Suppression the Board of Governors. Interested Assistance; 83.543, Individual and Family STATUS: Closed. Grant (IFG) Program; 83.544, Public persons may express their views in MATTERS TO BE CONSIDERED: Assistance Grants; 83.545, Disaster Housing writing on the standards enumerated in 1. Personnel actions (appointments, Program; 83.548, Hazard Mitigation Grant the BHC Act (12 U.S.C. 1842(c)). If the promotions, assignments, Program.) proposal also involves the acquisition of reassignments, and salary actions) James L. Witt, a nonbanking company, the review also involving individual Federal Reserve Director. includes whether the acquisition of the System employees. [FR Doc. 99–12344 Filed 5–14–99; 8:45 am] nonbanking company complies with the 2. Any matters carried forward from a standards in section 4 of the BHC Act. BILLING CODE 6718±02±P previously announced meeting. Unless otherwise noted, nonbanking CONTACT PERSON FOR MORE INFORMATION: activities will be conducted throughout Lynn S. Fox, Assistant to the Board; the United States. FEDERAL RESERVE SYSTEM 202–452–3204. Unless otherwise noted, comments SUPPLEMENTARY INFORMATION: You may Change in Bank Control Notices; regarding each of these applications call 202–452–3206 beginning at Acquisitions of Shares of Bank or must be received at the Reserve Bank approximately 5 p.m. two business days Bank Holding Companies; Correction indicated or the offices of the Board of before the meeting for a recorded Governors not later than June 10, 1999. This notice corrects a notice (FR Doc. announcement of bank and bank A. Federal Reserve Bank of Atlanta 99-11732) published on page 25041 of holding company applications (Lois Berthaume, Vice President) 104 the issue for Monday, May 10, 1999. scheduled for the meeting; or you may Marietta Street, N.W., Atlanta, Georgia The Federal Reserve Bank of Kansas contact the Board’s Web site at http:// 30303-2713: City heading in paragraph A. and the www.federalreserve.gov for an entry for Robert W. Gentry, Denton, 1. Citizens Bancorp Investment, Inc., electronic announcement that not only Texas, are corrected to read as follows: Lafayette, Tennessee; to acquire 80 lists applications, but also indicates A. Federal Reserve Bank of Dallas percent of the voting shares of Liberty procedural and other information about (W. Arthur Tribble, Vice President) 2200 State Bank, liberty, Tennessee. the meeting. North Pearl Street, Dallas, Texas 75201- 2. FLAG Financial Corporation, Dated: May 13, 1999. 2272: LaGrange, Georgia; to merge with Robert deV. Frierson, 1. Robert W. Gentry, Denton, Texas; to Abbeville Capital Corporation, Associate Secretary of the Board. acquire additional voting shares of Lake Abbeville, South Carolina, and thereby [FR Doc. 99–12450 Filed 5–13–99; 11:01 am] Cities Financial Corporation, Lake indirectly acquire Bank of Abbeville, Dallas,Texas, and thereby indirectly Abbeville, South Carolina. BILLING CODE 6210±01±M acquire additional voting shares of Lake B. Federal Reserve Bank of Chicago Cities State Bank, Lake Dallas, Texas. (Philip Jackson, Applications Officer) Comments on this application must DEPARTMENT OF HEALTH AND 230 South LaSalle Street, Chicago, HUMAN SERVICES be received by May 25, 1999. Illinois 60690-1413: Board of Governors of the Federal Reserve 1. Republic Bancorp, Ann Arbor, Centers for Disease Control and System, May 11, 1999. Michigan; to acquire D&N Bank, Prevention Robert deV. Frierson, Hancock, Michigan, upon conversion [Program Announcement 99123] Associate Secretary of the Board. from a federally-chartered savings bank [FR Doc. 99–12292 Filed 5–14–99; 8:45 am] to a state chartered savings bank. Notice of Availability of Funds; Grant BILLING CODE 6210±01±F C. Federal Reserve Bank of Kansas for Community-Based Intervention City (D. Michael Manies, Assistant Vice Research for Children Riding in Motor President) 925 Grand Avenue, Kansas Vehicles FEDERAL RESERVE SYSTEM City, Missouri 64198-0001: 1. Baxter Bancshares, Inc., Baxter A. Purpose Formations of, Acquisitions by, and Springs, Kansas; to acquire 100 percent The Centers for Disease Control and Mergers of Bank Holding Companies of the voting shares of Nine Tribes Prevention (CDC), announces the The companies listed in this notice Bancshares, Inc., Quapaw, Oklahoma; availability of fiscal year (FY) 1999 have applied to the Board for approval, and thereby indirectly acquire The Bank funds for a grant to conduct a pursuant to the Bank Holding Company of Quapaw, Quapaw, Oklahoma. Community-Based Intervention Program Act of 1956 (12 U.S.C. 1841 et seq.) Board of Governors of the Federal Reserve for Children Riding in Motor Vehicles. (BHC Act), Regulation Y (12 CFR Part System, May 11, 1999. The purpose of the program is to design, 225), and all other applicable statutes Robert deV. Frierson, implement, and evaluate a community- and regulations to become a bank Associate Secretary of the Board. based intervention project aimed at holding company and/or to acquire the changing the seating locations and [FR Doc. 99–12291 Filed 5–14–99; 8:45 am] assets or the ownership of, control of, or restraint-use patterns of children riding the power to vote shares of a bank or BILLING CODE 6210±01±F in passenger cars and light trucks. The bank holding company and all of the goal is to induce all children under the banks and nonbanking companies FEDERAL RESERVE SYSTEM age of 12 to be seated in the rear seat owned by the bank holding company, (if one exists) and to be properly including the companies listed below. Sunshine Act Meeting restrained in a safety seat or child The applications listed below, as well restraint device. This program addresses as other related filings required by the TIME AND DATE: 10:00 a.m., Thursday, the ‘‘Healthy People 2000’’ priority area Board, are available for immediate May 20, 1999. of Unintentional Injuries.

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B. Eligible Applicants E. Application Content processing. (Applicants must request a legibly dated U.S. Postal Service Applications may be submitted by The application should be developed in accordance with Form PHS–398. postmark or obtain a legibly dated public and private nonprofit receipt from a commercial carrier or organizations and by governments and 1. State briefly your understanding of the purpose of the program. U.S. Postal Service. Private metered their agencies; that is, universities, postmarks shall not be acceptable as colleges, research institutions, hospitals, 2. Describe in detail the process you will use to accomplish the requirements proof of timely mailing.) other public and private nonprofit Late Applications: Applications organizations, State and local of the program. This process description should include specific planning which do not meet the criteria in (a) or governments or their bona fide agents, (b) above are considered late and federally recognized Indian tribal objectives, strategies for achievement of these objectives, and a proposed applications, will not be considered, governments, Indian tribes, or Indian and will be returned to the applicant. tribal organizations. schedule for achieving these objectives. Describe the population to be served G. Evaluation Criteria Note: Public Law 104–65 states that an and how participants will be identified. organization described in section 501(c)(4) of 3. Describe your capability to conduct Each application will be evaluated the Internal Revenue Code of 1986 which individually against the following engages in lobbying activities shall not be the proposed project, including the applicant’s experience in conducting criteria by an independent review group eligible to receive Federal funds constituting appointed by CDC. an award, grant (cooperative agreement), and evaluating projects similar to the contract, loan, or any other form. proposed project. 1. Background and Need (10 percent) 4. Provide the name, qualifications, C. Availability of Funds The extent to which the applicant and proposed time allocations of the presents the magnitude of the need for Approximately $250,000 is available Project Director, who will be this project, demonstrates experience in in FY 1999 to fund one award. It is responsible for administering the grant. this area, and describes the likely expected that the award will begin on or Describe requirements for additional impact of their activities on the need. about September 30, 1999, and will be staff, experience, facilities, and other made for a 12-month budget period resources that would define the 2. Goals and Objectives (10 Percent) within a project period of up to 3 years. applicant’s capacity or potential to The extent to which the goal(s) and Funding estimates may change. accomplish the requirements stated objectives are relevant to the purpose of Continuation awards within the above. List the names (if known), the program, feasible for project period will be made on the basis qualifications, and time allocations of accomplishment during the project of satisfactory progress as evidenced by the existing professional staff to be period, measurable, and specific in required reports and the availability of assigned to (or recruited for) this terms of what is to be done and the time funds. project. involved. The extent to which the 5. Provide a detailed budget which objectives address all activities D. Program Requirements indicates anticipated costs for necessary to accomplish the purpose of 1. Design, implement, and conduct an personnel, travel, communications, the program. postage, equipment, contracts, supplies, extensive intervention program to 3. Methods (30 Percent) increase placement of children properly and other items; and all sources of funds restrained in the back seat of motor to meet these expenses. The extent to which the applicant 6. The narrative should be no more vehicles. The intervention program will provides a detailed description of all than 25 double-spaced pages, printed on be developed using a sound theoretical proposed activities needed to achieve one side, with one-inch margins, and basis in health behavior change. each objective and the overall program unreduced font. 2. Establish links and/or collaborative goal(s). The extent to which the study 7. If human subjects will be involved collaborators have demonstrated relationships with interested partners in in this research, provide evidence of the intervention and two control expertise in conducting community compliance with the Department of interventions. The extent to which the communities, especially representatives Health and Human Services regulations from local health departments, police, applicant has experience and history of (45 CFR part 46) on the protection of publication on motor vehicle occupant academic institutions, and traffic safety Human Subjects. and injury control specialists. protection. The extent to which the applicant provides a reasonable and 3. Identify the targeted intervention F. Submission and Deadline complete schedule for implementing all community and the communities which Application activities. The extent to which position will serve as the ‘‘control’’ communities. Submit one original and five copies of descriptions, lines of command, and 4. Establish a community coalition to PHS 398 (OMB Number 0925–0001) collaborations are appropriate to provide direction and broad penetration (adhere to the instructions on the Errata accomplishing the program goal(s) and of the intervention. Instruction Sheet for PHS 398). Forms objectives. 5. Conduct an assessment of the are in the application kit. On or before The degree to which the applicant has project. The primary outcome measure July 15, 1999, submit the application to met the CDC Policy requirements used to evaluate the intervention will be the specialist identified in the ‘‘Where regarding the inclusion of women, a change in the proportion of children to Obtain Additional Information’’ ethnic, and racial groups in the riding in back versus the front seat of section of this announcement. proposed research. This includes: (a) the passenger cars and light trucks. Deadline: Applications shall be proposed plan for the inclusion of both 6. Conduct an analysis of the cost considered as meeting the deadline if sexes and racial and ethnic minority effectiveness of the community they are either: populations for appropriate intervention; carry out a detailed (a) Received on or before the deadline representation, (b) the proposed process evaluation in the intervention date; or justification when representation is community; and compile, publish, and (b) Sent on or before the deadline date limited or absent, (c) a statement as to disseminate results. and received in time for orderly whether the design of the study is

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.010 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26761 adequate to measure differences when Send all reports to the Grants Dated: May 11, 1999. warranted, and (d) a statement as to Management Specialist identified in the John L. Williams, whether the plans for recruitment and ‘‘Where to Obtain Additional Director, Procurement and Grants Office, outreach for study participants include Information’’ section of this Centers for Disease Control and Prevention the process of establishing collaborative announcement. (CDC). relationships with community(ies) and The following additional [FR Doc. 99–12312 Filed 5–14–99; 8:45 am] recognition of mutual benefits. requirements are applicable to this BILLING CODE 4163±18±P 4. Evaluation (30 Percent) program. For a complete description of each, see Addendum I. The extent to which the proposed DEPARTMENT OF HEALTH AND evaluation plan is detailed and capable AR–1 Human Subjects Requirements HUMAN SERVICES of documenting program process and AR–2 Requirements for Inclusion of outcome measures, including benefit/ Women and Racial and Ethnic Centers for Disease Control and cost analysis, risk assessment, and risk Minorities in Research Prevention management (applicants may wish to AR–9 Paperwork Reduction Act [Program Announcement 99104] refer to A Framework for Assessing the Requirements Effectiveness of Disease and Injury Notice of Availability of Funds; AR–10 Smoke-Free Workplace Prevention, MMWR, March 27, 1992/ Innovative Demonstration Projects to Requirements Vol.41/No. RR–3 for further information Screen and Treat Asymptomatic Males on this methodology). You may access AR–11 Healthy People 2000 for Chlamydia Trachomatis Infection this document on CDC’s Web page at AR–12 Lobbying Restrictions Using Urine-Based Diagnostic Tests: Translational Research www2.cdc.gov/mmwr/mmwrsrch.htm. AR–13 Prohibition on Use of CDC The extent to which the applicant Funds for Certain Gun Control A. Purpose demonstrates staff and/or collaborator Activities availability, expertise, and capacity to The Centers for Disease Control and perform the evaluation. I. Authority and Catalog of Federal Prevention (CDC) announces the Domestic Assistance Number availability of fiscal year (FY) 1999 5. Staff, and Resources (20 Percent) funds for a cooperative agreement This program is authorized under Providing for a full-time director/ program to conduct innovative sections 301, 317(k)(2), 391, 392, and coordinator and staff who have demonstration projects using nucleic 394 of the Public Health Service Act, [42 authority, responsibility, and expertise acid amplification tests on urine U.S.C. section 241, 247b(k)(2), 280b, to carry out the project. The extent to specimens to screen and treat 280b–1, and 280b–2], as amended. The which the applicant can provide asymptomatic males with Chlamydia Catalog of Federal Domestic Assistance adequate facilities, staff and/or Trachomatis (CT)infection. This number is 93.136. collaborators, and resources to program addresses the ‘‘Healthy People accomplish the proposed goal(s) and J. Where To Obtain Additional 2000’’ priority area of Sexually objectives during the project period. The Information Transmitted Diseases. The purpose of extent to which the applicant the program is to determine the demonstrates staff and/or collaborator This and other CDC announcements acceptability, feasibility, and cost availability, expertise, previous may be downloaded through the CDC associated with different approaches to experience, broad experience in risk home page www.cdc.gov on the Internet screening asymptomatic males for CT assessment and analysis and capacity to (click on funding). infection. Successful applicants will perform the undertaking successfully. To receive additional written implement demonstration projects using information and to request an nucleic acid amplification tests on urine 6. Budget and Justification (Not Scored) application kit, call 1–888–GRANTS4 specimens to screen asymptomatic The extent to which the applicant (1–888 472–6874). You will be asked to males for CT infection and will conduct provides a detailed budget and narrative leave your name and address and will research in the context of the justification consistent with the stated be instructed to identify the demonstration project. Please reference objectives and planned program Announcement number of interest. Appendix 1 for background information relevant to this program announcement. activities. For business management technical Appendix 2 outlines project objectives. 7. Human Subjects (Not Scored) assistance, contact: Joanne Wojcik, Grants Management Specialist, Grants B. Eligible Applicants Does the application adequately Management Branch, Procurement and address the requirements of Title 45 Applications may be submitted by Grants Office, Announcement 99123, public and private non-profit CFR Part 46 for the protection of human Centers for Disease Control and subjects? organizations in partnership with State Prevention (CDC), 2920 Brandywine or local health departments. Any H. Other Requirements Road, Room 3000, Atlanta, GA 30341– organization may be the primary 4146, telephone (770) 488–2717, Email Technical Reporting Requirements applicant, but each application must address: [email protected] include both an agency/institution with Provide CDC with original plus two For program technical assistance, program implementation experience copies of: contact: Bruce Jones, M.D., Centers for and an agency/institution with research 1. semiannual progress reports Disease Control and Prevention, experience. All applications must 2. financial status report, no more than National Center for Injury Prevention include a partnership with a State or 90 days after the end of the budget and Control, Division of Unintentional local health department. period; and Injury Prevention, 4770 Buford Hwy., Note: Public Law 104–65 states that an 3. final financial and performance N.E., Mailstop K63, Atlanta, GA 30341– organization described in section 501(c)(4) of reports, no more than 90 days after 3724, telephone: 770 488–4545, email the Internal Revenue Code of 1986 that the end of the project period. address: [email protected] engages in lobbying activities is not eligible

VerDate 30-APR-99 15:57 May 14, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.XXX pfrm08 PsN: 17MYN1 26762 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices to receive Federal funds constituting an screening venues developed by the assist each site in analyzing data and in award, grant, cooperative agreement, recipient. dissemination of study results. contract, loan, or any other form. b. Design and implement a research d. Monitor and Evaluate Scientific C. Availability of Funds study that can be embedded within the and Operational Accomplishments of male CT screening demonstration the Project: This will be accomplished Approximately $750,000 is available project and which entails longitudinal through periodic site visits, telephone in FY 1999 to fund two to three awards, follow up of a subset of men in order to calls, and review of technical reports with an average yearly award of address as many of the Appendix 2 and interim data analysis. 250,000, ranging from $200,000 to objectives requiring longitudinal follow e. Submit and receive approval of $300,000. It is expected that the awards up as possible (i.e., reinfection, study protocol by the Centers for will begin on or about September 30, notification of female partners, reported Disease Control and Prevention IRB. 1999, and will be made for a 12-month behavior change after learning a positive The CDC IRB will review and approve budget period within a project period of test result). the protocol initially and on at least an up to two years. Funding estimates may c. Collaborate with other recipients in annual basis until the research project is change. developing and collecting a common set completed. Continuation awards within an of core variables to permit systematic approved project period will be made comparison between different E. Application Content on the basis of satisfactory progress as approaches (for the purpose of cost Use the information in the Program evidenced by required reports and the comparisons, this will require Requirements, Other Requirements, and availability of funds. measurement of all relevant costs, Evaluation Criteria sections to develop Use of Funds including providers’ costs of service the application content. Your delivery and participants’ costs). application will be evaluated on the Funds awarded under this program d. Collaborate with other recipients criteria listed, so it is important to may not be used for treatment. during implementation of the follow them in laying out your program Funding Preferences demonstration project and research plan. The narrative should be no more study. Collaboration will include (1) than 25 double-spaced pages, printed on Funding preference may be given to communication with CDC regarding one side, with one inch margins, and applicants to achieve geographic project and study progress and (2) size 12 font. Appendices may include balance. participation in quality control letters of support, data tables, and D. Program Requirements procedures, and in regularly scheduled bibliography only. meetings and conference calls with Recipients will work with CDC to CDC. F. Submission and Deadline assure a scientifically sound e. Recipients will use findings from Letter of Intent (LOI) demonstration project and embedded their own demonstration project/ research study. If multiple awards are embedded research to develop at least A letter of intent must be submitted made, the only requirement for one publication for a peer-reviewed on or before June 14, 1999 to the Grants uniformity of approach across sites will journal. Management Specialist listed in the relate to collection of a core set of data f. Submit and receive approval of ‘‘Where to Obtain Additional elements (including those related to study protocol by the recipient’s local Information’’ section of this cost) to allow systematic comparisons institutional human investigation announcement. No applications will be between different approaches to male review board (IRB). accepted without a letter of intent. screening. Letters of intent must be no more than In conducting activities to achieve the 2. CDC Activities one page, must be prepared with a purpose of this program, the recipient a. Provide technical assistance and Courier 12-point font and must include will be responsible for the activities scientific expertise. CDC staff will the following: statement of intent to listed under the subparagraph Recipient provide current scientific and apply, reference to Program Activities and CDC will be responsible programmatic information relevant to Announcement 99104, title of the for the activities listed under the the design and conduct of the proposed project and the names, phone subparagraph CDC Activities. demonstration project and embedded numbers, and email addresses for the lead investigators representing each 1. Recipient Activities research study. b. As needed, provide technical collaborating institution or agency. a. Design and implement a advice to awardees in developing and Application demonstration project to screen collecting a common set of core asymptomatic males for chlamydia variables to enable comparisons Submit the original and five copies of infection which addresses as many of between different approaches, including PHS–398 (OMB Number 0925–0001) the objectives listed in Appendix 2 as those needed to accurately and (adhere to the instructions on the Errata possible. At a minimum, recipients completely measure costs, and which Instruction Sheet for PHS 398). Forms should gather routine data that will would allow for cross-site comparisons are in the application kit. On or before permit measurement of the prevalence that could include a cost effectiveness August 2, 1999 submit the application of infection and male treatment rates, as analysis. Collaborative activities may to the Grants Management Specialist well as the cost to detect and treat an include technical advice on awardee- listed in the ‘‘Where to Obtain infected male, and his infected female development of common data collection Additional Information’’ section of this partners. Recipients are encouraged to instruments. As needed, CDC may announcement. screen in settings other than a sexually assume responsibility for developing a Deadline: Applications shall be transmitted diseases clinic; however, a centralized system for data management considered as meeting the deadline if sexually transmitted diseases clinic for the core set of data elements they are either received on or before the could be one of several settings where collected by each of the funded projects. deadline date or sent on or before the screening is conducted, as this could c. Assist in analysis and deadline date and received in time for provide a useful comparison to other dissemination of results; as needed, independent review. (Applicants must

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.024 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26763 request a legibly dated U.S. Postal males are being invited for screening, 6. Program and Research Capacity (25 Service postmark or obtain a legibly adherence to CLIA (Clinical Laboratory Points) dated receipt from a commercial carrier Improvement Amendments) The overall ability of the applicant to or U.S. Postal Service. Private metered requirements for specimen collection); perform the technical aspects of the postmarks shall not be acceptable as (c) plans for obtaining informed consent project. The quality of the applicant’s: proof of timely mailing.) Applications (if needed); (d) plans for males to learn (a) Proposed collaboration with State or that do not meet these criteria will not test results and receive treatment; and local health departments and partners be considered and will be returned to (e) plans to seek, screen, and treat the for either research or program the applicant. female sex partners of infected males. implementation (including letters of G. Evaluation Criteria 4. Potential Influence of the support); (b) availability and identification of personnel with the Each application will be evaluated Demonstration Project on Public Health needed experience and competence in individually against the following Practice (15 Points) criteria by an independent review group community outreach and program appointed by CDC. Extent to which the applicant implementation, sexually transmitted presents a detailed and logical plan for disease service delivery, partner 1. Background and Rationale for the conducting a screening program that services, study design and conduct, data Male Screening Demonstration Project will provide access to a male population collection, analysis, and dissemination; and Embedded Research Study (10 with a high prevalence of CT infection; (c) assurance that staff can be hired Points) particularly males who may contribute within an appropriate amount of time; Degree to which the applicant (a) disproportionately to infecting females. (d) ability and willingness to collaborate Describes the local prevalence of CT Points will also be given for the extent in the development and collection of a common set of variables to permit cross- infection (with stratification by age, to which the study population is site comparisons; (e) demonstration of gender, and ethnicity); (b) demonstrates representative of a large pool of access to the data needed to permit true knowledge of the medical/public health potentially infected men and the costs of service delivery to be literature describing urine testing to likelihood that such a population could identify asymptomatic men infected determined so that a cost effectiveness be identified and accessed in other evaluation can be done, e.g., with CT; (c) demonstrates insight into locations across the United States. factors that could influence the demonstration of the ability to identify Points will be awarded to applicants and collect data to measure the costs for effectiveness of a male screening describing a demonstration project that strategy for primary prevention among screening that include testing and could be incorporated into the array of women; (d) demonstrates insight into treatment costs, provider costs for wages public health activities with a minimum the logistic and ethical challenges of and overhead, and participants’ travel of additional training, resources, and offering diagnostic testing to an and time costs, as well as costs for asymptomatic population in non- infrastructure. Points will also be partner services; (f) documentation of traditional and non-clinical settings; (e) awarded to applications that describe a the availability of adequate laboratory, presents a compelling rationale for their plan for integrating partner services into clinical, and administrative facilities proposed approach to screening the demonstration project. and resources to conduct the proposed research, including a letter of agreement asymptomatic males for Chlamydia 5. Design of Research Study Requiring from the laboratory that will be infection; (f) provides data to support Longitudinal Follow Up (20 Points) their choice of screening venues; (g) conducting nucleic acid amplification describes any previous or existing male Extent to which the embedded testing on urine specimens and a letter screening programs in their locality and research study is (a) both an appropriate of agreement from the administrative or describes how the proposed and optimal means of addressing managerial director of the proposed demonstration project compares to any research objectives in Appendix 2 that screening site (and board of directors or existing local male screening programs, require longitudinal follow up; (b) will community board if appropriate); (g) and (h) presents a rationale for their achieve the research objectives without access to cost-efficient, locally available selection of research objectives from interfering with assessments of staff to complete data entry and data among those in Appendix 2. acceptability and feasibility (which management. 2. Objectives (5 Points) could be biased if measured in study 7. The Degree to Which the Applicant subjects consenting to participate in a Has Met the CDC Policy Requirements Extent to which the application study requiring longitudinal follow up); Regarding the Inclusion of Ethnic and addresses the research objectives (c) includes clear and valid calculations Racial Groups in the Proposed outlined in Appendix 2 of this program for the sample sizes that would be Research. (5 Points) announcement. required to measure effects related to This includes: 3. Demonstration Project Activities (20 each of the applicants chief research 1. The proposed plan for the inclusion Points) objectives; (d) provides clear description of racial and ethnic minority Extent to which the application of appropriate comparison groups in populations for appropriate describes the proposed activities with each aspect of the study; and (e) if the representation. detailed plans for implementation of the study includes adolescents, displays 2. The proposed justification when demonstration project, including: (a) A familiarity with the legal and ethical representation is limited or absent. detailed and realistic time line for the issues surrounding elicitation of 3. A statement as to whether the specified activities; (b) specific information regarding sexual activity design of the study is adequate to information on the site where screening between adolescents and older sex measure differences when warranted. will be conducted, hours that screening partners, (including the particulars of 4. A statement as to whether the plans will be offered, staffing, provisions for relevant State legislation), and for recruitment and outreach for study urine specimen collection (e.g., demonstrates a means of adhering to participants include the process of restrooms convenient to the site where such legislation in the proposed study. establishing partnerships with

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.027 pfrm04 PsN: 17MYN1 26764 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices community(ies) and recognition of AR–10 Smoke-Free Workplace country with active chlamydia prevention mutual benefits. Requirements programs have demonstrated reductions of 5. This program specifically seeks AR–11 Healthy People 2000 36–59% in the measured prevalence of applications describing male screening AR–12 Lobbying Restrictions infection among women served in specific programs, with a long term objective to settings. There remains, however, substantial I. Authority and Catalog of Federal variation in CT-prevalence measured in develop strategies that can increase Domestic Assistance Number different regions of the U.S., and it is not public health capacity to detect and clear what strategies would be most effective treat infected females. Applicants need This program is authorized under in reducing disease below the threshold (3.9– not address the inclusion of women in sections 301(a) and 317 of the Public 7%) achieved in regions with aggressive their response to evaluation criterion 7. Health Service Act [42 U.S.C. 241 and prevention programs. 247b], as amended. The Catalog of The application of nucleic acid 8. Budget (Not Scored) Federal Domestic Assistance number is amplification technology to the development The budget should anticipate the 93.978. of a urine-based diagnostic test for CT salaries of appropriate staff, travel for infection has broadened the potential for J. Where To Obtain Additional principal investigator and project conducting screening of asymptomatic Information women, and, for the first time, presents a supervisor to meet with CDC annually, To receive additional written feasible means of screening asymptomatic supplemental needs related to men. Although urine-based diagnostic tests diagnosis, management, and treatment information and to request an have been approved for use in men and are of CT and other concurrently diagnosed application kit, call 1–888–GRANTS4 being used in select settings, because STDs, including anticipated partner (1–888–472–6874). You will be asked to available data suggest that severe sequelae of tracing activities, longitudinal leave your name and address and will Ct infection are relatively infrequent in men, participation, and other needs. The be instructed to identify the several important questions must be applicant should provide a line-item announcement number of interest. If answered before national chlamydia control first year budget (with a budget you have questions after reviewing the efforts and resources are directed to contents of all documents, business widespread screening for men. First, what narrative that justifies each line item). approaches to male screening for CT Budgets will be evaluated on the management technical assistance may infection are most acceptable and feasible, appropriateness of budget estimates in be obtained from: Curtis Meusel, Grants and second, is male screening an effective relation to the proposed research, and Management Specialist, Grants means of reducing disease in women? To the extent to which the budget is Management Branch, Procurement and address these questions it will be necessary reasonable, clearly justified, and Grants Office, Announcement 99104, to explore the prevalence of infection in consistent with the intended use of Centers for Disease Control and different asymptomatic male populations funds. Prevention (CDC), 2920 Brandywine which may be accessed by urine screening, Road, Mail Stop E15, Atlanta, Georgia to determine the acceptability and feasibility 9. Human Subjects (Not Scored) of screening these populations, and to 30341, Telephone (770) 488–2738, Does the application adequately measure the cost of detecting and treating an Email address [email protected]. infected male and his infected female sex address the requirements of Title 45 Complete application information is partners. To evaluate the comparative value CFR Part 46 for the protection of human also available on the CDC home page on of different approaches to screening subjects? the Internet: HTTP://WWW.CDC.GOV asymptomatic males, screening would need H. Other Requirements For program technical assistance, to be conducted in a variety of different contact: Julie Schillinger, MD, Centers venues, including sexually transmitted Technical Reporting Requirements for Disease Control and Prevention diseases clinics. Ultimately, the value of For Award Recipients Provide CDC with (CDC), 1600 Clifton Road, Mail Stop screening males for CT infection must be original plus two copies of E02, Atlanta, GA 30333, Telephone: measured against the alternative of using the same resources to screen women. Research to 1. Semi-annual progress reports; (404) 639–8368, Email: [email protected]. 2. financial status report, no more further knowledge of reinfection rates among than 90 days after the end of the budget Dated: May 11, 1999. males, changes in sexual behavior resulting period; and John L. Williams, from diagnosis with asymptomatic CT infection, and men’s willingness to name and 3. final financial status and Director, Procurement and Grants Office, assist in locating female sex partners will be Centers for Disease Control and Prevention performance reports, no more than 90 useful in interpreting the value of male (CDC). days after the end of the project period. screening. Send all reports to the Grants Appendix 1—Background Management Specialist listed in the Appendix 2—Research Objectives for ‘‘Where to Obtain Additional The bulk of the morbidity associated with Innovative Demonstration Projects and CT infection appears to be borne by women, Embedded Research Studies Information’’ section of this in whom infection can lead to pelvic announcement. inflammatory disease with subsequent 1. Objectives Related to Prevalence The following additional infertility, ectopic pregnancy, and chronic a. To measure the prevalence of CT requirements are applicable to this pelvic pain. Women with CT infection have infection among populations of males program. For a complete description of an associated increased risk for acquisition of accessible with urine-based screening each, see Attachment 1 in the HIV, and are at an increased risk for adverse programs. application kit. outcomes of pregnancy (low birth weight, b. To determine whether there is a trend AR–1 Human Subjects Requirements prematurity); there is also an increased risk in prevalence over the study period (are AR–2 Requirements for Inclusion of for morbidity among infants born to infected infections accessible to screening programs mothers (neonatal pneumonia and ocular Women and Racial and Ethnic exhausted over a short time period?). infections). For these reasons, efforts to c. To identify predictive characteristics of Minorities in Research reduce the morbidity associated with CT infected males. AR–6 Patient Care infection have focused on identifying and AR–7 Executive Order 12372 Review treating infected women, relying largely on 2. Objectives Related to Acceptability AR–8 Public Health System Reporting widespread screening of asymptomatic a. To measure the proportion of males Requirements women, with subsequent treatment of accepting urine-based testing. AR–9 Paperwork Reduction Act infected women and, to a lesser extent, their b. To measure the characteristics of males Requirements infected sexual partners. Regions of the who refuse/accept screening.

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c. To characterize the reasons that males do On page 2389, Third Column, Under collection of information to OMB for not accept urine-based testing for Ct. Section D. Program Requirements, Item review and clearance. d. To identify other settings in which No. 8, change to read: Provide a detailed Infant Formula Recall Regulations—21 males would avail themselves of urine testing evaluation plan that will document for Ct. CFR 107.230, 107.240, 107.250, 107.260, program process, effectiveness, impact, 3. Objectives Related to Feasibility 107.280 (OMB Control Number 0910– and outcomes. 0188—Extension) a. To measure the proportion of tested Dated: May 11, 1999. males who return or otherwise learn their test Section 412(e) of the Federal Food, John L. Williams, results. Drug, and Cosmetic Act (the act) (21 b. To determine the proportion of infected Director, Procurement and Grants Office, U.S.C. 350a(e)) provides that if the males who receive treatment. Centers for Disease Control and Prevention manufacturer of an infant formula has c. To measure the median time until (CDC). knowledge that reasonably supports the patients return for their test results. [FR Doc. 99–12311 Filed 5–14–99; 8:45 am] conclusion that an infant formula d. To determine how many female sex BILLING CODE 4163±18±P processed by that manufacturer has left partners infected males identify/name/notify. e. To measure the characteristics of its control and may not provide the identified, named, and located partners. nutrients required in section 412(i) of DEPARTMENT OF HEALTH AND the act or is otherwise adulterated or f. To measure the infection rate among HUMAN SERVICES located partners. misbranded, the manufacturer must g. To determine the proportion of located Food and Drug Administration promptly notify the Secretary of Health female sex partners who were notified by and Human Services (the Secretary). If their male partner. [Docket No. 99N±0192] the Secretary determines that the infant h. To determine if screened males access formula presents a risk to human health, other sites where they could be screened. the manufacturer must immediately take i. To determine which strategies or Agency Information Collection approaches enhance completeness of timely Activities; Submission for OMB all actions necessary to recall shipments treatment of infected men. Review; Comment Request; Infant of such infant formula from all Formula Recall Regulations and wholesale and retail establishments, 4. Objectives Related to Cost Estimates Correction consistent with recall regulations and a. To measure the cost to detect and treat guidelines issued by the Secretary. an infected asymptomatic male. AGENCY: Food and Drug Administration, Section 412(f)(2) of the act states that b. To measure the costs of partner services HHS. the Secretary shall by regulation associated with finding and treating the ACTION: Notice. prescribe the scope and extent of recalls female sex partners of an asymptomatic of infant formula necessary and infected male? SUMMARY: The Food and Drug c. To measure the overall cost to identify appropriate for the degree of risk to an infected female using male screening. Administration (FDA) is announcing human health presented by the formula that the proposed collection of subject to recall. FDA’s infant formula 5. Objectives Requiring Longitudinal Follow information listed below has been recall regulations (part 107, subpart E Up submitted to the Office of Management (21 CFR part 107, subpart E)) implement a. To determine whether a positive and Budget (OMB) for review and these statutory provisions. screening test influences a man’s intended clearance under the Paperwork Section 107.230 requires each future sexual behavior (including condom Reduction Act of 1995 (the PRA). In recalling firm to: (1) Evaluate the hazard use, partner selection, partner number, health addition, this notice is correcting the to human health, (2) devise a written seeking behavior). recall strategy, (3) promptly notify each b. To determine the proportion of treated title of the information collection. In the males who are re-infected at defined intervals Federal Register of February 23, 1999 affected direct account (customer) about after initial screening. (64 FR 8832 at 8833), the title of the the recall, and (4) furnish the c. To ascertain how many males report that information collection was incorrectly appropriate FDA district office with their partner has been treated at a follow up listed as a ‘‘Reinstatement;’’ it should copies of these documents. If the visit. have been listed as an ‘‘Extension.’’ This recalled formula presents a risk to [FR Doc. 99–12313 Filed 5–14–99; 8:45 am] document corrects that error. human health, the recalling firm must also request that each establishment that BILLING CODE 4163±18±P DATES: Submit written comments on the collection of information by June 16, sells the recalled formula post (at point 1999. of purchase) a notice of the recall and provide FDA with a copy of the notice. DEPARTMENT OF HEALTH AND ADDRESSES: Submit written comments HUMAN SERVICES Section 107.240 requires the recalling on the collection of information to the firm to: (1) Notify the appropriate FDA Office of Information and Regulatory district office of the recall by telephone Centers for Disease Control and Affairs, OMB, New Executive Office Prevention within 24 hours, (2) submit a written Bldg., 725 17th St. NW., rm. 10235, report to that office within 14 days, and [Announcement Number 99049] Washington, DC 20503, Attn: Desk (3) submit a written status report at least Officer for FDA. National Sexual Violence Resource every 14 days until the recall is FOR FURTHER INFORMATION CONTACT: terminated. Before terminating a recall, Center (NSVRC) Notice of Availability Peggy Schlosburg, Office of Information of Funds; Amendment the recalling firm is required to submit Resources Management (HFA–250), a recommendation for termination of the A notice announcing the availability Food and Drug Administration, 5600 recall to the appropriate FDA district of Fiscal Year 1999 funds to establish a Fishers Lane, Rockville, MD 20857, office and wait for written FDA National Sexual Violence Resource 301–827–1223. concurrence (§ 107.250). Where the Center was published in the Federal SUPPLEMENTARY INFORMATION: In recall strategy or implementation is Register on May 4, 1999, [Vol. 64, No. compliance with section 3507 of the determined to be deficient, FDA may 85, Pages 23839–23842]. The notice is PRA (44 U.S.C. 3507), FDA has require the firm to change the extent of amended as follows: submitted the following proposed the recall, carry out additional

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TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN1

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

107.230 3 1 3 4,500 13,500 107.240 3 1 3 1,482 4,446 107.250 3 1 3 120 360 107.260 3 1 1 650 650 Total 18,9562 1There are no capital costs or operating and maintenance costs associated with this collection of information. 2Due to clerical error, the reporting burden hours for §§ 107.230, 107.240, 107.250, and the total burden hours that appeared in a notice issued in the FEDERAL REGISTER of February 23, 1999 (64 FR 8832), were incorrect. Table 1 of this document contains the correct estimates.

Under 5 CFR 1320.3(b)(2), the time, ACTION: Notice. FOR FURTHER INFORMATION CONTACT: effort, and financial resources necessary Regarding the administrative and SUMMARY: The Food and Drug to comply with a collection of financial management aspects of Administration (FDA), Office of information are excluded from the this notice: Robert L. Robins burden estimate if the reporting, Regulatory Affairs (ORA), Division of Federal-State Relations, is announcing (address above). recordkeeping, or disclosure activities Regarding the programmatic aspects needed to comply are usual and the availability of grant funds for the support of innovative food safety pilot of this notice: Richard H. Barnes or customary because they would occur in Glenn Johnson, Division of Federal- the normal course of activities. No programs. Approximately $300,000 will be available in fiscal year 1999. FDA State Relations, Office of Regulatory burden has been estimated for the Affairs, Food and Drug recordkeeping requirement in § 107.280 anticipates making six to eight awards, not to exceed $50,000 (direct and Administration (HFC–150), 5600 because these records are maintained as Fishers Lane, rm. 12–07, Rockville, a usual and customary part of normal indirect costs combined) per award. Support of these grants will be for 1 MD 20857, 301–827–6906, Internet business activities. Manufacturers keep site: ‘‘www.fda.gov/ora/fed—state’’. infant formula distribution records for year. The number of grants funded will the prescribed period as a matter of depend on the quality of the SUPPLEMENTARY INFORMATION: applications received and the routine business practice. I. Introduction The reporting burden estimate is availability of Federal funds to support based on agency records, which show the grant. This is a pilot grant program FDA will support projects covered by that there are five manufacturers of which, if successful, may lead to other this notice under section 1701 (300u) of infant formula and that there have been grant programs in the future. These the Public Health Service Act (42 U.S.C. three recalls in the last 3 years, or one grants are not intended to fund or 241). FDA’s project program is recall annually. conduct food inspections. described in the Catalog of Federal DATES: Submit applications by July 1, Domestic Assistance, No. 93–245, and Dated: May 10, 1999. 1999. If the closing date falls on a applicants are limited to food safety William K. Hubbard, weekend or on a holiday, the date of regulatory agencies of State and local Associate Commissioner for Policy submission will be extended to the governments. The Public Health Service Coordination. following workday. (PHS) strongly encourages all award [FR Doc. 99–12283 Filed 5–14–99; 8:45 am] ADDRESSES: Application forms are recipients to provide a smoke-free BILLING CODE 4160±01±F available from, and completed workplace and to discourage the use of applications should be submitted to all tobacco products. This is consistent Robert L. Robins, Chief Grants with the PHS mission to protect and DEPARTMENT OF HEALTH AND Management Officer, Division of advance the physical and mental health HUMAN SERVICES Contracts and Procurement Management of the American people. Food and Drug Administration (HFA–520), Food and Drug PHS urges applicants to submit work Administration, 5600 Fishers Lane, rm. plans that address specific objectives of Innovative Food Safety Projects; 2129, Rockville, MD 20857, 301–827– ‘‘Healthy People 2000.’’ Potential Availability of Grants; Request for 7185, e-mail ‘‘[email protected]’’. applicants may obtain a copy of Applications (Applications hand-carried or ‘‘Healthy People 2000’’ (Full Report, commercially delivered should be stock No. 017–0010–0474–0) through AGENCY: Food and Drug Administration, addressed to 5630 Fishers Lane, rm. Superintendent of Documents, HHS. 2129, Rockville, MD 20852.) Government Printing Office,

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Washington, DC 20402–9325, 202–512– relating to the Retail Food Program area regulations. These education projects 1800. should be applicable to program and/or materials must be reproducible improvement processes consistent with by other State and local food safety II. Background FDA’s draft entitled ‘‘Recommended regulatory agencies. These projects may ORA is the inspection component of National Retail Food Regulatory incorporate concurrent education of FDA and has 1,000 investigators and Program Standards’’ (‘‘http:// both State and local food safety inspectors who cover the country’s www.cfsan.fda.gov/∼dms/ret-toc.html’’) regulatory agencies and the food approximately 95,000 FDA-regulated (see review criteria). industry. businesses. These investigators and There are four key project areas inspectors inspect more that 15,000 identified for this effort: B. Applicability facilities a year. In addition to the All grant application projects that are 1. Inspection standard inspection program, they developed at State and local levels must conduct special investigations, food Development of innovative regulatory have national implication or application inspection recall audits, perform inspection methods or techniques for that can enhance Federal, State, and consumer complaint inspections and the inspection of various food local food regulatory programs and sample collections. In addition, FDA establishments in order to improve reduce factors that cause foodborne has relied on the States in assisting with effectiveness and efficiency. Innovative illness. At the discretion of FDA, the previously mentioned duties Regulatory Program Methodology successful project formats will be made through formal contracts, partnership projects must demonstrate an effect on available to interested Federal, State, agreements, and other informal factors which contribute to foodborne and local food safety regulatory arrangements. Under the President’s illness in all, or a segment of, food agencies. Food Safety Initiative (FSI), the industry programs. For example, demands on both the agency and the projects could address key elements III. Reporting Requirements States will increase. Procedures need to from the draft entitled ‘‘Recommended Quarterly progress reports as well as be reviewed and innovative changes National Retail Food Regulatory a Final Program Progress Report and a made that increase effectiveness and Program Standards,’’ such as the five Financial Status Report (FSR) (SF–269) efficiency and conserve resources. ORA major Food Code Interventions are required. An original FSR and two will support FSI by providing: (1) (management knowledge; employee copies shall be submitted to FDA’s Chief Effective and efficient compliance of health; hands as a vehicle of Grants Management Officer (address regulated products; and (2) high quality, contamination; time/temperature above), within 90 days of the expiration science-based work that maximizes relationships; and consumer advisory), date of the grant. The Final Program consumer protection. or the five Centers for Disease Control Progress Report must provide full Under FSI, FDA is developing and Prevention risk factors (improper written documentation of the project, innovative food safety programs that holding temperature; inadequate copies of any results, as described in the will be utilized nationally by State and cooking; contaminated equipment; grant application, and an analysis and local food safety regulatory agencies. unsafe source; and poor personal evaluation of the results of the project. Even though the American food supply hygiene). The documentation must be in a form is among the safest in the world, 2. Regulation and Compliance and contain sufficient detail that other millions of Americans are stricken by State and local food safety regulatory illness each year caused by the food Development of new procedures for agencies could reproduce the final they consume, and some 9,000 industry that would enhance the project. Americans a year, primarily the very efficiency and effectiveness of Federal, Program monitoring of recipients will young and elderly, die as a result. The State, and local compliance actions. be conducted on an ongoing basis and goal of FSI is to further reduce the Examples of projects in this area could written reports will be reviewed and incidence of foodborne disease to the include innovative regulation and evaluated at least quarterly by the greatest extent possible. Innovative food compliance strategies for State and local Project Officer. Project monitoring may safety programs that are developed at food safety regulatory agencies. The goal also be in the form of telephone the State and local level and have of these projects should be to achieve conversations between the Project national implications could enhance efficient and effective compliance with Officer/Grants Management Specialist programs that are developed at the regulations that impact contributing and the Principal Investigator and/or a Federal level. factors to foodborne illness. site visit with appropriate officials of A. Project Goals, Definitions, and 3. Information Systems the recipient organization. The results of Examples these monitoring activities will be Development of systems for The specific objective of this program recorded in the official file and may be collection, storage, and retrieval of data available to the recipient upon request. will be to complement, develop or on projects that support food safety improve State and local food safety regulatory State or local programs. IV. Mechanism of Support programs that would have applicability These systems should utilize readily A. Award Instrument to food safety programs nationwide. available ‘‘off the shelf’’ technology Applications that fulfill the following systems that could be used by food Support for this program will be in specific project objectives will be safety regulatory agencies of any size. the form of a grant. These grants will be considered for funding. Each subject to all policies and requirements application must address only one 4. Education and Health Information that govern the project grant programs of project. Applicants may apply for more Dissemination PHS, including the provisions of 42 CFR than one project area, but must submit Development of innovative education part 52 and 45 CFR parts 74 and 92. The a separate application for each project. projects and materials for State and regulations issued under Executive These grants are not to fund or conduct local food safety regulatory officials that Order 12372 also apply to this program food inspections for food safety foster consistency and uniform and are implemented through regulatory agencies. Applications application of State and local food Department of Health and Human

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Services (DHHS) regulations at 45 CFR 1. Applications relating to the Retail it will be extended to the following part 100. Executive Order 12372 sets up Food Program ( ‘‘http:// workday. No supplemental material or a system for State and local government www.cfsan.fda.gov/∼dms/ret-toc.html’’) addenda will be accepted after the review of applications for Federal only: The outcomes of the project receipt date. financial assistance. Applicants (other should be consistent with the program The outside of the mailing package than federally recognized Indian tribal improvement process described in and item 2 of the application face page governments) should contact the State’s FDA’s draft entitled ‘‘Recommended should be labeled ‘‘Response to RFA– Single Point of Contact (SPOC) as early National Retail Food Regulatory FDA–ORA–99–Project I, Project II, as possible to alert them to the Program Standards’’ (http:// Project III or Project IV.’’ prospective application(s) and to receive www.cfsan.fda.gov/∼dms/ret-toc.html’’). VII. Method of Application any necessary instructions on the State’s These standards will serve as a guide to review process. A current listing of regulatory retail food program managers A. Submission Instructions for the design and management of a SPOC’s is included in the application Applications will be accepted during retail food program. The standards kit. The SPOC should send any State working hours, 8 a.m. to 4:30 p.m., apply to the operation, management, review process recommendations to Monday through Friday, on or before and promotion of a regulatory retail FDA’s Chief Grants Management Officer the established receipt date. food program focused on the reduction (address listed above). The due date for Applications will be considered of risk factors known and suspected to the State process recommendations is received on time if sent or mailed on or cause foodborne illness and integration no later than 60 days after the deadline before the receipt date as evidenced by of the five major Food Code date for the receipt of applications. FDA a legible U.S. Postal Service dated does not guarantee to accommodate or interventions listed in section II.A.1 of this document. The FDA draft entitled postmark or a legible date receipt from explain SPOC comments that are a commercial carrier, unless they arrive received after the 60 day cut-off. ‘‘Recommended National Retail Food Regulatory Program Standards’’ and the too late for orderly processing. Private B. Eligibility 1999 Food Code are found on the metered postmarks shall not be Internet site at ‘‘http:// acceptable as proof of timely mailing. These grants are available to State and Applications not received on time will local government food regulatory www.cfsan.fda.gov/∼dms/ret-toc.html’’ or contact your local FDA Regional not be considered for review and will be agencies (see SPOC requirements stated returned to the applicant. Applicants previously). Retail Food Specialist from the list provided in the application packet should note that the U.S. Postal Service C. Length of Support about obtaining copies. does not uniformly provide dated 2. Application budgets must remain postmarks. Before relying on this The length of support will be for 1 method, applicants should check with year from date of award. within the $50,000 cap for combined direct and indirect costs. Applications their local post office. V. Review Procedure and Criteria exceeding this dollar amount will be Do not send applications to the Center returned as nonresponsive. for Scientific Research, National All applications submitted in Institutes of Health (NIH). Any response to this request for application 3. Applications must provide a sound rationale and appropriate grant design application that is sent to NIH, that is (RFA) will first be reviewed by grants then forwarded to FDA and not received management and program staff for to address the objectives of the RFA and the project must be reproducible within in time for orderly processing, will be responsiveness. If applications are deemed nonresponsive and returned to found to be nonresponsive, they will be the national regulatory framework. 4. Applications must include an the applicant. Instructions for returned to the applicant without completing the application are included further consideration. explanation of the desired goals of the pilot project. in Form PHS–5161–1. FDA is unable to Responsive applications will be 5. Applications must include a full receive applications via the Internet. reviewed and evaluated for scientific description of the project design, B. Format for Application and technical merit by an ad hoc panel implementation plan, methods of of experts in the subject field of the execution, and timeline for completion. Submission of the application must be specific application. Responsive The application must include a full on Grant Application Form PHS–5161– applications will also be subject to a description of measures of effectiveness 1 (revised May 1996). All instructions second level of review by a National and a description of the source for the enclosed Standard Form 424 Advisory Council for concurrence with documents or data collection methods (SF–424) should be followed using the the recommendations made by the first for establishing the baseline for nonconstruction application pages. level reviewers. Final funding decisions measurement. The face page of the application will be made by the Commissioner of 6. Applications must address the should indicate ‘‘RFA–FDA–ORA–99– Food and Drugs or her designee. adequacy of facilities, expertise of Project I, Project II, Project III or Project Applicants are strongly encouraged to project staff, equipment, data bases, and IV.’’ contact FDA to resolve any questions support services needed for the project. Data included in the application, if regarding criteria prior to the restricted with the legend specified submission of their application. All VI. Submission Requirements below, may be entitled to confidential questions of a technical or The original and two copies of the treatment as trade secret or confidential programmatic nature must be directed completed Grant Application Form commercial information within the to the ORA program staff (address PHS–5161–1 (revised May 1996) for meaning of the Freedom of Information above) and all questions of an State and local governments, with Act (FOIA) (5 U.S.C. 552(b)(4)) and administrative or financial nature must copies of the appendices for each of the FDA’s implementing regulations (21 be directed to the grants management copies, should be delivered to Robert L. CFR 20.61). staff (address above). Applications will Robins (address above). The application Information collection requirements be given an overall score and judged receipt date is July 1, 1999. If the receipt requested on PHS Form 5161–1 were based on all of the following criteria: date falls on a weekend or on a holiday, approved and issued under Office of

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Management and Budget Circular A– number via TTY by calling the Federal HUD field office, and also exceeds the 102. Information Relay Service at (800) 877– national default and claim rate. 8339. Mortgagees whose default and claim C. Legend SUPPLEMENTARY INFORMATION: The rates exceed both the national rate and Unless disclosure is required by the Department has the authority to address 200% of the field office rate are at risk FOIA as amended (5 U.S.C. 552), as deficiencies in the performance of and may have their Agreements determined by the freedom of lenders’ loans as provided in the HUD terminated. information officials of DHHS or by a mortgagee approval regulations at 24 Initially, HUD will focus its attention court, data contained in the portions of CFR 202.3. The latest revisions to these on those mortgagees showing this application which have been regulations were published as an particularly high default and claim specifically identified by page number, interim rule on December 10, 1997 at 62 rates. For the first review period, HUD paragraph, etc., by the applicant as FR 65180 (which contains the text of the will consider terminating the Agreement containing restricted and/or proprietary amendments) and were published as a of any mortgagee whose default and information shall not be used or final rule on August 17, 1998 (63 FR claim rate exceeds both the national rate disclosed except for evaluation 44360), which was effective September and 300% of the field office rate. HUD purposes. 17, 1998. In the near future, HUD/FHA will notify the mortgagee, via certified Dated: May 10, 1999. will systematically review mortgagees’ mail, before terminating its Agreement. early default and claim rates, that is, In any one of the subsequent review William K. Hubbard, periods, HUD may set the field office Associate Commissioner for Policy defaults (loans 90 or more days delinquent) and claims on mortgagees’ portion of the termination threshold at Coordination. a rate other than 300% of the field office [FR Doc. 99–12287 Filed 5–14–99; 8:45 am] loans during the initial 24 months from endorsement. HUD may place rate, but not lower than 200% of such BILLING CODE 4160±01±F mortgagees with excessive default and rate. HUD will give notice of the claim rates on Credit Watch status or, in threshold for each review period by cases of more severe performance Mortgagee Letter. DEPARTMENT OF HOUSING AND deficiencies, terminate mortgagees’ loan Mitigating Factors Evaluated Initially URBAN DEVELOPMENT origination approval authority. Prior to sending a Termination notice, [Docket No. FR±4513±N±01] Termination of Origination Approval HUD/FHA will analyze mortgagees’ Mortgagee Approval for Single Family Agreement portfolios of loans to determine if their Programs; Clarification Procedures for Approval of a mortgagee by HUD/ poor performance is due to where they Terminating Origination Approval FHA to participate in FHA mortgage originated loans and the types of loans Agreements and Placement in Credit insurance programs includes an they originated. HUD/FHA will analyze Watch Status Origination Approval Agreement loan types in terms of FHA’s three (Agreement) between HUD and the Insurance Funds and place in terms of AGENCY: Office of the Assistant mortgagee. Under the Agreement, the underserved versus served census tracts. Secretary for Housing, HUD. mortgagee is authorized to originate For each of these five analyses, the ACTION: Notice. single family mortgage loans and submit mortgagee’s loan performance will be them to FHA for insurance compared to the Field Office average for SUMMARY: It is the longstanding policy endorsement. The Agreement may be similar loans. For example, in the first of HUD’s Federal Housing terminated on the basis of poor review period, if the mortgagee’s rate of Administration (FHA) to issue performance of FHA-insured mortgage defaults and claims on loans in periodically mortgagee letters to FHA- loans originated by the mortgagee. The underserved census tracts does not approved lenders to apprise the lenders Termination of a mortgagee’s Agreement exceed 300% of the field office’s rate of of upcoming changes in FHA programs, is separate and apart from any action defaults and claims in underserved new processing requirements, or taken by HUD’s Mortgagee Review census tracts, the mortgagee’s clarification of existing procedures, Board under HUD’s regulations at 24 performance is below the Termination among other things. The FHA has issued CFR part 25. threshold in underserved areas. a mortgagee letter to advise FHA lenders Mortgagees with a performance below that HUD/FHA will be using its Frequency and Scope of Reviews the Termination threshold in each of regulatory authority to terminate Every three months, HUD will review these five assessments will not receive lenders’ authorization to originate single the rate of defaults and claims on all a Termination Notice; however, they family loans or, alternatively, place FHA-insured single family mortgages. may receive a Credit Watch notice (see lenders on Credit Watch status (an The review will analyze the Credit Watch description below). evaluation period) in geographic areas performance of every participating Appeal Process where the lender has a high rate of early mortgagee branch in each geographic defaults and claims. The FHA is area served by a HUD field office. The HUD regulations at 24 CFR publishing the contents of this review will be limited to loans endorsed 202.3(c)2)(ii)(C) permit a mortgagee to mortgagee letter in the Federal Register for insurance within the preceding 24 request an informal conference with the for the benefit of the public. months. Deputy Assistant Secretary (DAS) for FOR FURTHER INFORMATION CONTACT: For Single Family Housing, or his or her further information contact: the Quality Unacceptable Results designee prior to the termination of its Assurance Division, Office of Housing, HUD’s regulations permit HUD to Origination Approval Agreement. A Department of Housing and Urban terminate the Agreement with any mortgagee desiring an informal Development, 451 Seventh St, SW, mortgagee having a default and claim conference must submit a written Room B–133, Washington, DC, 20410; rate for loans endorsed within the request to the Docket Clerk, telephone (202) 708–2830 (this is not a preceding 24 months that exceeds 200 Departmental Enforcement Center, Legal toll-free number). Persons with hearing percent of the default and claim rate Division, Room B–133/VALA, U.S. or speech impairments may access that within the geographic area served by a Department of Housing and Urban

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Development, 451 7th Street, SW, by a firm commitment issued by HUD. Unacceptable Results Washington, DC 20410 within 30 Cases at earlier stages of processing HUD is authorized under its calendar days of the date of receipt of cannot be submitted for insurance by regulations to place a mortgagee on the Termination notice. the terminated branch; however, they Credit Watch status when the An informal conference is an oral may be transferred for completion of mortgagee’s default and claim rate and/or written presentation, by the processing and underwriting to another exceeds 150 percent of the field office mortgagee or its representative, of mortgagee or branch authorized to default and claim rate. information and argument in opposition originate FHA insured mortgages in that Initially, HUD will focus its attention to the termination. Whether the area. on those mortgagees showing presentation is written, oral, or both is A terminated mortgagee may request particularly high default and claim rates at the option of the mortgagee. A written to have its authority to originate FHA (but not high enough to prompt submission may accompany the request loans reinstated no earlier than 6 termination). In the initial review for an informal conference or be sent months after the effective date of the period, HUD will consider placing on separately; however it must be sent to Termination. The request, addressed to Credit Watch any mortgagee whose the Docket Clerk within 30 calendar the Director, Lender Activities and default and claim rate exceeds 200% of days from the date of receipt of the Program Compliance, should describe the field office rate. Termination notice. Written any actions taken (e.g., changes in In any one of the subsequent review submissions should not exceed 15 operations and/or personnel) to periods, HUD may set the threshold for pages. Oral presentations may be held in eliminate the cause(s) of the poor loan Credit Watch at a rate other than 200%, person in Washington, DC or performance that led to the but not lower than 150%, of the field telephonically, and will be held as Termination. quickly as possible but generally no office rate. HUD will give notice of the later than 30 days from the date of the Scope threshold for each review period by request. All presentations, whether If more than one of a mortgagee’s Mortgagee Letter. For each review written or oral, must specifically branch offices will be terminated in a period, mortgagees whose default and address relevant reasons and factors that field office, HUD will assess the claim rates exceed 150% but fall below were beyond the mortgagee’s control mortgagee’s performance in aggregate the Credit Watch threshold for that that contributed to its excessive early (all branch offices) in that area. If the round will be notified of their default and claim rates or any other institution’s default and claim rate in performance rating but will not initially facts and circumstances which would the area exceeds the national rate and be placed on Credit Watch. However, explain the poor performance of the exceeds the field office portion of the these lenders should promptly take mortgagee’s loans. After consideration termination threshold (for the first action to eliminate the cause of their of the material presented, the DAS or quarter, 300% of the field office default high default and claim rates. the designee will issue a decision in and claim rate), HUD may terminate all Mitigating Factors Evaluated Initially writing within approximately 20 days of of the mortgagee’s branch offices in that the informal conference. HUD/FHA may area. Prior to placing a mortgagee on Credit determine that the Termination should Watch status, HUD/FHA will analyze be sustained, withdrawn or replaced by Publishing Actions mortgagees’ portfolios of loans to putting the mortgagee on Credit Watch The Department will publish a list of determine if their poor performance is status. If sustained, the Termination will mortgagees which have had their due to where they originated loans and not take effect until a final notice of Origination Approval Agreements the types of loans they originated. HUD/ determination is issued. terminated in the Federal Register and FHA will analyze loan types in terms of If a mortgagee does not request an on HUD’s Web Site, together with a FHA’s three Insurance Funds and place informal conference within 30 days of general explanation of the cause and in terms of underserved versus served receiving the Termination notice, the effect of terminating the Agreements. census tracts. For each of these five right to confer (by oral or written analyses, the mortgagee’s loan presentation) will be deemed to have Credit Watch Status performance will be compared to the been waived by the mortgagee and its Unlike Termination of an Origination Field Office average for similar loans. Agreement will be terminated 60 days Approval Agreement, Credit Watch does For example, in the first review period, from the date of the Termination notice not affect a mortgagee’s ability to if the mortgagee’s rate of defaults and without further notification from HUD. originate single family mortgages for claims in underserved census tracts submission for FHA mortgage does not exceed 200% of the field Effect insurance. It is a warning that a office’s rate of defaults and claims in Termination of the Agreement mortgagee’s Agreement may be underserved census tracts, the precludes that office of the mortgagee terminated in the future if the mortgagee’s performance is acceptable from originating FHA-insured single mortgagee’s default and claim rate does in underserved areas. Mortgagees with family mortgages within the area of the not improve. acceptable performance in each of these HUD field office(s) listed in the notice. five assessments will not be placed on Mortgagees authorized to purchase, Frequency and Scope of Reviews Credit Watch Status. In addition, having hold, or service FHA insured mortgages Every three months, HUD will review a default and claim rate at or below the may continue to do so. the rate of defaults and claims on all national default and claim rate will be Loans that closed or were approved FHA-insured single family mortgages. considered a mitigating factor. before the Termination became effective The review will analyze the may be submitted for insurance performance of every participating Appeals endorsement. Approved loans are those mortgagee branch in each geographic Because Credit Watch Status does not already underwritten and approved by a area served by a HUD field office. The preclude a mortgagee from originating Direct Endorsement (DE) underwriter review will be limited to loans endorsed mortgages and submitting them for employed by an unconditionally for insurance within the preceding 24 insurance and there is no public approved DE lender and cases covered months. announcement of lenders on Credit

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Watch status, mortgagees are Publishing Actions threshold but with the following caveat. discouraged from appealing placement Mortgagees placed on Credit Watch If HUD/FHA finds a new mortgagee on Credit Watch. However, written Status will not be listed in either the continually has a default and claim rate appeals will be considered. Federal Register or on HUD’s Web Site. that exceeds the field office and national default and claim rates, the Department Delayed Effective Date Considerations reserves the right to take appropriate A mortgagee will be notified that it is Volume action within the Credit Watch/ Termination regulations. being placed on Credit Watch Status at HUD/FHA is aware that defaults may least 30 days before the effective date. stem from changes in the mortgagors’ Conclusion Mortgagees are strongly encouraged to circumstances, rather than imprudent The procedures outlined in this notice use this time to investigate and remedy underwriting. To lessen the effect of a (and the Mortgagee Letter issued to FHA the cause(s) of the high rates of early small number of loans, HUD/FHA will mortgagees) should have minimal defaults and claims, so that their establish a minimum number of defaults impact for mortgagees that have in place performance will have improved on the and claims. The Department will and are effectively using an adequate portfolio that HUD will assess. perform Credit Watch and Termination quality control plan for loan origination. ‘‘Watched’’ Portfolio analyses only for mortgagees that have These procedures are expected to defaults and claims above the de impact mortgagees that have an Following placement on Credit Watch minimis amount but with the following inadequate quality control plan or are status, HUD will review the portfolio of caveat. If HUD/FHA finds a mortgagee inadequately executing their plan. The the mortgagee’s loans that are insured that originates few loans but continually result will benefit the public and most by HUD/FHA during the six months has a default and claim rate that exceeds FHA mortgagees, as well as the beginning the day Credit Watch Status the field office and national default and Department. became effective to check for signs of claim rates, the Department reserves the Dated: May 10, 1999. improvement. The performance of this right to take appropriate action within William C. Apgar, portfolio will be compared against the the Credit Watch/Termination Assistant Secretary for Housing, Federal field office default and claim rates on regulations. Housing Commissioner. mortgage loans insured during the same Underserved Areas [FR Doc. 99–12282 Filed 5–14–99; 8:45 am] six month period. For both Credit Watch and BILLING CODE 4210±27±P Watch Assessment Termination actions, HUD/FHA is defining underserved census tracts as If the default and claim rate on the those identified by OMB as meeting the DEPARTMENT OF THE INTERIOR ‘‘watched’’ portfolio (as described definition found at 24 CFR 81.2. Fish and Wildlife Service above) is acceptable in comparison to Underserved census tracts are: (1) tracts the field office default and claim rates in metropolitan areas (a) having a Notice of Availability of an one year after the six month tracking median income of no more than 90% of Environmental Assessment/Habitat period ends (i.e., 18 months after the the MSA as a whole or (b) having a Conservation Plan and Receipt of effective date when HUD placed the median income of no more than 120% Application for Incidental Take Permit mortgagee on Credit Watch Status), the and minorities comprise at least 30% of for Construction of Two Single Family mortgagee will be removed from Credit the tract’s population; (2) all tracts in Residences, Each on 0.75 Acres of the Watch status. An acceptable default and any non-metropolitan county which (a) 20.5 Acres on City Park Road in Travis claim rate is one that does not exceed have a median income of no more than County, TX the Credit Watch threshold when 95% of the non-metropolitan part of the compared to the field office default and State or the Nation, whichever is SUMMARY: John and Jim Hunt claim rate. A mortgagee with a rate greater, or (b) have a median income of (Applicants) have applied to the U.S. above that threshold may be removed no more than 120% and minorities Fish and Wildlife Service (Service) for from Credit Watch, depending on comprise at least 30% of the county’s an incidental take permit pursuant to mitigating factors and whether the population. Section 10(a) of the Endangered Species Act (Act). The Applicants have been default and claim rate is rising or Riskier Programs falling. assigned permit number TE–010556–0. Mortgages insured under the Mutual The requested permit, which is for a Termination Analysis Continues Mortgage Insurance Fund (e.g. 203b) period of 5 years, would authorize the should be less risky than loans insured incidental take of the endangered Mortgagees must be aware that if they under the General Insurance Fund (e.g. golden-cheeked warbler (Dendroica are placed on Credit Watch Status, in 203k) or the Special Risk Insurance chrysoparia). The proposed take would addition to performing an assessment of Fund (e.g. 223e). After determining that occur as a result of construction of two the mortgagee’s ‘‘watched’’ portfolio, a mortgagee has an excessive rate of single family residences on City Park HUD/FHA will continue to assess all early defaults and claims in a field Road, Austin, Travis County, Texas. mortgage loans insured over the 24 office, its performance by fund will be The Service has prepared the months preceding the analysis. If the analyzed as described above under Environmental Assessment/Habitat mortgagee’s 24 month default and claim mitigating factors. Conservation Plan (EA/HCP) for the rate exceeds the termination threshold, incidental take applications. A the mortgagee may receive a notice that New to FHA determination of jeopardy to the species HUD proposes to terminate its Where an institution has been or a Finding of No Significant Impact Origination Approval Agreement. This approved for less than 24 months, its (FONSI) will not be made until at least is why mortgagees should promptly branches will be placed on Credit Watch 30 days from the date of publication of investigate and remedy causes of high in lieu of being terminated if their this notice. This notice is provided default and claim rates as stated above. performance exceeds the termination pursuant to Section 10(c) of the Act and

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National Environmental Policy Act the listed species and surrounding Waterfowl Management Plan and the regulations (40 CFR 1506.6). environment. Arkansas-Red Ecosystem Plan. Geoffery Haskett, It is the desire of the Fish and DATES: Written comments on the Wildlife Service that Pond Creek application should be received on or Acting Regional Director, Region 2, Albuquerque, New Mexico. National Wildlife Refuge become ‘’a before June 16, 1999. [FR Doc. 99–12314 Filed 5–14–99; 8:45 am] model refuge that protests and manages ADDRESSES: Persons wishing to review BILLING CODE 4510±55±P biological diversity for the enjoyment the application may obtain a copy by and benefit of present and future writing to the Regional Director, U.S. generations.’’ To achieve this vision, the Fish and Wildlife Service, P.O. Box DEPARTMENT OF THE INTERIOR refuge seeks to achieve the following 1306, Albuquerque, New Mexico 87103. four goals: (1) habitat management- Persons wishing to review the EA/HCP Fish and Wildlife Service maintain and restore diverse habitats designed to achieve refuge purpose and may obtain a copy by contacting Notice of Availability of Draft Christina Longacre, Ecological Services wildlife population objectives; (2) Comprehensive Conservation Plan and populations management-maintain Field Office, 10711 Burnet Road, Suite Environmental Assessment for Pond 200, Austin, Texas 78758 (512/490– viable, diverse populations of native Creek National Wildlife Refuge in flora and fauna consistent with sound 0063). Documents will be available for Sevier County, AR, and Notice of biological principles; (3) land public inspection by written request, by Meeting To Seek Public Participation conservation-protect the area’s wetlands appointment only, during normal and restore values through land SUMMARY: This notice advises the public business hours (8:00 to 4:30) at the U.S. protection strategies; and (4) wildlife- Fish and Wildlife Service, Austin, that the U.S. Fish and Wildlife Service, Southeast Region, has made available dependent recreation and education— Texas. Written data or comments develop and implement a quality concerning the application and EA/HCP for public review a Draft Comprehensive Conservation Plan and Environmental wildlife-dependent recreation program should be submitted to the Field that leads to enjoyable recreation Supervisor, Ecological Field Office, Assessment for Pond Creek National Wildlife Refuge in Sevier County, experiences and a greater understanding Austin, Texas at the above address. and appreciation of fish and wildlife Please refer to permit number TE– Arkansas, and plans to hold a public meeting in the vicinity of the refuge to resources. 010556–0 when submitting comments. The Draft Plan evaluates the following solicit public comments on the Draft four alternatives for managing the refuge FOR FURTHER INFORMATION CONTACT: Plan. The Service is furnishing this over the next 15 years: custodial Christina Longacre at the above Austin notice in compliance with Service management, minimal management, Ecological Services Field Office. comprehensive planning policy, the balanced management, and resource National Environmental Act Policy, and SUPPLEMENTARY INFORMATION: Section 9 management. The Service believes the implementing regulations to achieve the of the Act prohibits the ‘‘taking’’ of balanced management alternative is the following: endangered species such as the golden- best alternative to guide the refuge’s (1) advise other agencies and the cheeked warbler. However, the Service, future direction. In essence this public of our intention, and under limited circumstances, may issue alternative will: (2) obtain comments on the proposed permits to take endangered wildlife • plan and the other alternatives Increase protection of threatened and species incidental to, and not the considered in the planning process. endangered species; purpose of, otherwise lawful activities. • Increase waterfowl and songbird Regulations governing permits for DATES: The Service will hold the public utilization and production; • endangered species are at 50 CFR 17.22. meeting at 7 p.m. on June 3, 1999, at the Enhance resident wildlife populations; Horatio Elementary School cafeteria, • Restore wetlands and hydrology; and Applicants Horatio, Arkansas. The Draft Plan will • Provide long-term opportunities for be made available for review and wildlife-dependent recreation and Jim and John Hunt plan to construct comment. Written comments should be environmental education. two single family residences on City submitted no later than June 30, 1999, Dated: May 4, 1999. Park Road Austin, Travis County, Texas. to the address below. C. Monty Halcomb, This action will eliminate less than two ADDRESSES: Comments and request for Acting Regional Director. acres of habitat and indirectly impact copies of the Draft Plan should be [FR Doc. 99–12289 Filed 5–14–99; 8:45 am] less than eight additional acres of addressed to Mr. Ed Loth, U.S. Fish and BILLING CODE 4310±55±M golden-cheeked warbler habitat. The Wildlife Service, Southeast Regional applicant proposes to compensate for Office, 1875 Century Boulevard, this incidental take of golden-cheeked Atlanta, GA 30345, or by calling 404/ DEPARTMENT OF THE INTERIOR warbler habitat by donating $1,500 per 679–7155. home into the Balcones Canyonlands Bureau of Land Management SUPPLEMENTARY INFORMATION: Pond Preserve to acquire/manage lands for the Creek National Wildlife Refuge is a [MT±921±09±1320±01; MTM 80697] conservation of the golden-cheeked 27,000-acre area located between the warbler and place the remaining balance Coal Lease Offering Cossatot and Little rivers. This refuge of the property in a conservation was established to protect, enhance, and AGENCY: easement in perpetuity. Bureau of Land Management, manage a valuable bottomland Interior. Alternatives to this action were hardwood wetland ecosystem for the ACTION: Notice of coal lease offering by rejected because not developing the benefit of migratory and resident sealed bid MTM 80697—Western subject property with federally listed waterfowl, neotropical birds, wading Energy Company. species present was not economically birds, and other wetland-dependent feasible and alteration of the project wildlife. The area is considered a vital SUMMARY: Notice is hereby given that design would increase the impacts on component of the North American the coal resources in the lands described

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.039 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26773 below in Rosebud County, Montana, The Rosebud seam, averaging 22.3 DEPARTMENT OF THE INTERIOR will be offered for competitive lease by feet in thickness, is the only sealed bid. This offering is being made economically minable coal seam within Office of Surface Mining Reclamation as a result of an application filed by the tract. The tract contains an and Enforcement Western Energy Company, in estimated 27.6 million tons of Revegetation: Standards for Success accordance with the provisions of the recoverable reserves. Coal quality, as Mineral Leasing Act of 1920 (41 Stat. received, averages 8,360 BTU/lb., 25.52 AGENCY: Office of Surface Mining 437; 30 U.S.C. 181–287), as amended. percent moisture, 10.03 percent ash, and Reclamation and Enforcement (OSM), An Environmental Assessment of the 0.97 percent sulfur. This coal bed is Interior. proposed coal development and related being mined in adjoining tracts by ACTION: requirements for consultation, public Request for public comments involvement, and hearing have been Western Energy Company. and notice of public meetings. completed in accordance with 43 CFR Rental and Royalty SUMMARY: OSM will hold public part 3425. Concerns and issues meetings to solicit comments, concerns, expressed by the public during the A lease issued as a result of this and new ideas regarding the public scoping process centered on offering will provide for payment of an performance standards for determining social, economic, and cultural impacts annual rental of $3 per acre, or fraction the success of revegetation. We also to the Northern Cheyenne and Crow thereof; and a royalty payable to the invite written comments regarding this Tribes, hydrologic impacts to the area, United States of 12.5 percent of the issue. and the need to do an Environmental value of coal mined by surface methods We prepared a concept paper to assist Impact Statement (EIS) as the and 8.0 percent of the value of coal those interested in commenting in appropriate level of environmental mined by underground methods. The writing or preparing for the meetings. documentation for the development of value of the coal shall be determined in The concepts we presented are not an the coal resources. Three alternatives accordance with 43 CFR 3485.2. indication of any preconceived (Preferred, No Action, and Cultural direction that new policies or rules DATES: Lease Sale—The lease sale will Resource Avoidance) were developed to would take. Instead, they represent a analyze impacts and to address issues be held at 10 a.m., Wednesday, June 16, compilation of ideas and questions that relating to the proposed action. The 1999, in the Conference Room on the have been raised. You, however, are not Preferred Alternative, including special Sixth Floor of the Granite Tower limited to these ideas or questions and stipulations and mitigation measures, Building, Bureau of Land Management, we encourage you to bring forward new was chosen because it will maximize 222 North 32nd Street, Billings, concepts or ideas for consideration. the beneficial use of the subject coal Montana 59107. DATES: Written comments: OSM will resource and will mitigate impacts to Bids—Sealed bids Clearly Marked accept written comments until 5:00 one historic site and two sites which ‘‘Sealed Bid for MTM 80697 Coal Sale— p.m., c.d.t, on July 30, 1999. have high values as traditional cultural not to be opened before 10:00 a.m., Public meetings: We will meet with properties. The tract will be leased to the Wednesday, June 16, 1999’’ must be interested persons to receive comments qualified bidder of the highest cash submitted on or before 9:00 a.m., on this issue until July 30, 1999. If amount provided that the high bid Wednesday, June 16, 1999, to the requested, we will meet you on the meets the fair market value of the coal cashier, Bureau of Land Management, dates and in the locations listed under ADDRESSEES: resource. The minimum bid for the tract Montana State Office, Second Floor, Public Meetings.’’ You is $100 per acre, or fraction thereof. No Granite Tower Building, 222 North 32nd may also request additional meetings. In bid that is less than $100 per acre, or Street, Post Office Box 36800, Billings, order to make proper arrangements for fraction thereof, will be considered. The Montana 59107–6800. The bids should these additional meetings, make your minimum bid is not intended to be sent by certified mail, return receipt request before June 30, 1999. represent fair market value. The fair requested, or be hand-delivered. The ADDRESSES: Written comments and market value will be determined by the cashier will issue a receipt for each requests for concept paper: You should authorized officer after the sale. hand-delivered bid. Bids received after hand deliver, mail, or e-mail written that time will not be considered. comments and requests for the concept Coal Offered paper to one of the persons listed under The coal resource to be offered SUPPLEMENTARY INFORMATION: Bidding FOR FURTHER INFORMATION CONTACT. You consists of all recoverable reserves in instructions for the offered tract are also may call one of the persons listed the following-described lands located included in the Detailed Statement of to obtain a copy of the concept paper. approximately 10 miles west of the Lease Sale. Copies of the statement and Telefax: You may obtain copies of the town of Colstrip: the proposed coal lease are available at concept paper from FAX ON DEMAND T. 1 N., R. 39 E., P.M.M. the Montana State Office. Casefile by calling (202) 219–1703 and following Sec. 2: N1⁄2S1⁄2NW1⁄4 documents are also available for public the instructions of the recorded T. 1 N., R. 40 E., P.M.M. inspection at the Montana State Office. announcement. Sec. 6: Lots 1–4 S1⁄2N1⁄2, N1⁄2S1⁄2, Internet: You may view or download 1 1 1 1 1 Dated: May 11, 1999. N ⁄2SW ⁄4SE ⁄4, SE ⁄4SE ⁄4 the concept paper from the OSM Sec. 8: NE1⁄4NE1⁄4, N1⁄2NW1⁄4NE1⁄4, Randy D. Heuscher, homepage at www.osmre.gov. 1 1 1 1 1 1 SE ⁄4NW ⁄4NE ⁄4, N ⁄2N ⁄2NW ⁄4 Chief, Branch of Solid Minerals. Public meetings: If requested, we will 1 1 1 1 1 1 1 Sec. 14: S ⁄2SW ⁄4, N ⁄2NE ⁄4SE ⁄4, W ⁄2SE ⁄4 meet with you, individually or in T. 2 N., R. 40 E., P.M.M. [FR Doc. 99–12315 Filed 5–14–99; 8:45 am] groups, at the following locations: May Sec. 32: NE1⁄4, E1⁄2NE1⁄4NW1⁄4, BILLING CODE 4310 DN±P SW1⁄4NE1⁄4NW1⁄4, S1⁄2SW1⁄4NW1⁄4, 27, 1999, in Bismarck, North Dakota; SE1⁄4NW1⁄4, N1⁄2S1⁄2, SW1⁄4SW1⁄4, June 2, 1999, in Denver, Colorado; June N1⁄2SE1⁄4SW1⁄4, N1⁄2SW1⁄4SE1⁄4 18, 1999, in Gillette, Wyoming; June 22, Containing 1,401, Rosebud County, 1999, in Alton, Illinois; and June 24, Montana. 1999, in Knoxville, Tennessee. If you

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.016 pfrm04 PsN: 17MYN1 26774 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices are interested in attending a meeting at plant community through natural DEPARTMENT OF JUSTICE any of these locations, please contact succession. one of the persons listed under FOR Our revegetation success regulations, Notice of Lodging of Consent Decree FURTHER INFORMATION CONTACT to intended to implement the statutory Under the Comprehensive schedule the meeting and to obtain the performance standard requirements, Environmental Response, address. If we do not receive a request focus on cover, production, and Compensation, and Liability Act for a meeting at a particular location, we stocking, and require statistically valid sampling of vegetation (and statistical Notice is hereby given that a partial will not hold the meeting. Consent Decree in United States v. You may request an additional analysis with a confidence interval) for Agway, Inc., et. al, Civil Action No.99– meeting by contacting one of the bond release. For some areas of CV–0708 (N.D.N.Y.) was lodged with persons listed under FOR FURTHER reclamation, such as agricultural the United States District Court for the INFORMATION CONTACT. If you require cropland, hayland, commercial forest Northern District of New York on May special accommodation to attend a land, etc., a focus on cover, production or stocking may be the most appropriate 6, 1999. meeting, also contact one of the persons The proposed partial consent decree way of determining success. However, listed under FOR FURTHER INFORMATION resolves claims asserted by the United concerns have developed over the CONTACT. States, on behalf of the U.S. appropriateness and effectiveness of the FOR FURTHER INFORMATION CONTACT: Environmental Protection Agency current regulations for judging Ervin Barchenger, Office of Surface (‘‘EPA’’), against Agway, Inc., General vegetation success for land uses Mining Reclamation and Enforcement, Electric Co., Metalworking Lubricants involving establishment of permanent Mid-Continent Regional Coordinating Co., and Nycomed, Inc. (‘‘Settling vegetation, such as grazingland, fish and Center, Alton Federal Building, 501 Defendants’’) under Section 107 of the wildlife habitat, and non-commercial Belle Street, Alton, IL 62002, Telephone Comprehensive Environmental forest. (618) 463–6463, extension 129, e-mail: Response, Compensation, and Liability [email protected]; or We are conducting this outreach effort to determine if there is a more effective Act (‘‘CERCLA’’), 42 U.S.C. § 9607. The Robert Postle, Office of Surface proposed partial consent decree would Mining Reclamation and Enforcement, way to evaluate achievement of the statutory revegetation success standard not resolve any claims against the Western Regional Coordinating Center, remaining defendant, Schenectady 1999 Broadway, Suite 3320, Denver, CO that also encourages the diversity objective contained in SMCRA. That is, International, Inc., under Section 107 of 80202, Telephone (303) 844–1400, ext. the Comprehensive Environmental 1469, e-mail: [email protected]. has an effective and diverse community, including appropriate native species, Response, Compensation, and Liability SUPPLEMENTARY INFORMATION: You will been established that will be able to, Act (‘‘CERCLA’’), 42 U.S.C. § 9607. The find the standards for revegetation through natural succession, develop claims sought to recover past response success in Section 515(19) of the into the mature plant community costs incurred at the Friedrichsohn’s Surface Mining Control and appropriate for the designated land use. Cooperate (‘‘Site’’) in the Town of Reclamation Act of 1977 (SMCRA). Increased diversity should result in Waterford, New York. The United States Section 515(19) requires a ‘‘diverse, enhancing fish and wildlife uses, as alleged that the four setting defendants effective, and permanent vegetative well as improving the resiliency of the are liable as the generators of the cover that is equal in extent of cover to reestablished plant community. hazardous waste disposed of at the Site pre-mining vegetation and is capable of We are seeking to involve the public under Section 107(a)(3) of CERCLA, 42 self-regeneration and plant succession.’’ in advance of developing any U.S.C. 9607(a)(1). The Complaint states SMCRA also requires that the operator modifications to our position on these claims against the Settling Defendants assume responsibility for successful issues. To initiate discussions, we under Section 107 of CERCLA, 42 U.S.C. vegetation (as defined above) for either prepared a concept paper that contains § 9607, for reimbursement of response 5 or 10 years (depending on rainfall) ideas and questions that may assist costs. The proposed partial Consent after completing efforts to establish the those interested in commenting or Decree requires the Settling Defendants vegetation to assure those efforts are preparing for the meetings. The to reimburse the United States $490,000 successful. See 30 CFR 816/817.116 for concepts presented are not an indication in past response costs. the implementing regulations. of any preconceived direction that new The Department of Justice will accept Congress apparently recognized the policies or rules should take, but rather written comments relating to the value of vegetative diversity as well as represent a compilation of ideas and proposed consent decree for thirty (30) the transitional nature of reestablished questions that have been raised. days from the date of publication of this vegetative communities that exist after 5 However, you are not limited to those notice. Please address comments to the or 10 years. It understood that neither ideas or questions. We encourage you to Assistant Attorney General, mature hardwood forests nor stable bring forward new concepts or ideas for Environmental and Natural Resources climax prairie or desert shrub consideration. If we determine that the Division, Department of Justice, P.O. communities can develop within just a input we receive indicates a need for a Box 7611, Ben Franklin Station, few years. Therefore, Congress created a revision of the regulations, we will Washington, D.C. 20044 and refer to revegetation success standard that is follow standard procedures by United States v. Agway, Inc., et al., Civil based, in part, on establishing a publishing a proposal in the Federal Action No. 99–C–0708 (N.D.N.Y.), DJ vegetation cover that is a diverse # Register and holding public hearings to 90–11–2–1335. community of native perennial species Copies of the proposed consent decree seek comments. and that has the potential for may be examined at the Office of the regeneration and plant succession into Dated: May 10, 1999. United States Attorney for the Northern the plant community ultimately sought. Brent Wahlquist, District of New York, 45 Broadway, Thus, revegetation efforts must contain Regional Director, Mid-Continent Regional Room 231, Albany, NY 12207; at the the appropriate mix of species to Coordinating Center. U.S. Environmental Protection Agency, establish a transitional community [FR Doc. 99–12359 Filed 5–14–99; 8:45 am] Region II, 290 Broadway, New York, NY capable of developing into the desired BILLING CODE 4310±05±P 10007–1866; and at the Consent Decree

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Library, 1120 G Street, N.W., 3rd Floor, Region 5 Office of the Environmental Division, Department of Justice, Washington, D.C. 20005, (202) 624– Protection Agency, 77 West Jackson Washington, D.C. 20530, and should 0892. A copy of the consent decree may Street, Chicago, Illinois 60604–3590, refer to United States v. City of Chicago, also be obtained in person or by mail at and at the Consent Decree Library, 1120 Illinois, Civil Action No. 1:97–CV– the Consent Decree Library, 1120 G G Street, NW., 3rd Floor, Washington, 06897, and Department of Justice Street, N.W., 3rd Floor, Washington, DC 20005, (202) 624–0892. A copy of Reference No. 90–5–2–1–1930. D.C. 20005. When requesting a copy of the Consent Decree may be obtained in The proposed consent decree may be the consent decree by mail, please person or by mail from the Consent examined at the Office of the United enclose a check in the amount of $5.50 Decree Library, 1120 G Street, NW., 3rd States Attorney, Northern District of (twenty-five cents per page reproduction Floor, Washington, DC 20005. In Illinois, 219 South Dearborn Street, costs) payable to the ‘‘Consent Decree requesting a copy, please enclose a Chicago, Illinois 60604; the Region 5 Library.’’ check in the amount of $5.00 (20 pages Office of the Environmental Protection Joel M. Gross, at 25 cents per page reproduction cost) Agency, 77 West Jackson Boulevard, Chief, Environmental Enforcement Section, payable to the Consent Decree Library. Chicago, Illinois 60604–3590; and at the Environment and Natural Resources Division. Joel M. Gross, Consent Decree Library, 1120 G Street, [FR Doc. 99–12376 Filed 5–14–99; 8:45 am] Chief, Environmental Enforcement Section, NW, 3rd Floor, Washington, DC 20005, BILLING CODE 4410±15±M Environment and Natural Resources Division. 202–624–0892. A copy of the proposed [FR Doc. 99–12336 Filed 5–14–99; 8:45 am] consent decree may be obtained in BILLING CODE 4410±15±M person or by mail from the Consent DEPARTMENT OF JUSTICE Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC 20005. In Notice of Lodging of Consent Decree DEPARTMENT OF JUSTICE requesting a copy, please refer to the Under the Comprehensive referenced case and enclose a check in Notice of Lodging of Consent Decree Environmental Response, the amount of $6.59 (25 cents per page Pursuant to the Clean Air Act Compensation, and Liability Act reproduction costs), payable to the Under 28 CFR 50.7, and section 122 In accordance with 28 CFR 50.7, Consent Decree Library. of CERCLA, 42 U.S.C. 9622, notice is notice is hereby given that on April 29, Joel M. Gross, hereby given that on April 28, 1999, a 1999, a proposed consent decree in Chief, Environmental Enforcement Section, proposed Consent Decree in United United States v. City of Chicago, Illinois, Environmental and Natural Resources States versus Cannelton Industries, Inc., Civil Action No. 1:97–CV–06897, was Division. Civil Action No. 2:99cv92, was lodged lodged with the United States District [FR Doc. 99–12337 Filed 5–14–99; 8:45 am] with the United States District Court for Court for the Northern District of BILLING CODE 4410±15±M the Western District of Michigan, Illinois. Northern Division. In this action, the United States In this action the United States sought sought civil penalties for alleged DEPARTMENT OF JUSTICE the reimbursement of response costs in violations of the Clean Air Act, 42 connection with the Cannelton U.S.C. 7401 et seq., and the Illinois State Notice of Lodging of Consent Decree Industries Site in Sault Ste. Marie, Implementation Plan resulting from Under the Comprehensive Chippewa County, Michigan (‘‘the emissions into the atmosphere from Environmental Response, Site’’) pursuant to the Comprehensive ‘‘Waste-To-Energy’’ trash incineration Compensation and Liability Act Environmental Response, Compensation facility located at 700 North Kilbourn and Liability Act, 42 U.S.C. 9601 et seq. Avenue in Chicago, Illinois. Under the Notice is hereby given that on April The Consent Decree settles the United terms of the proposed consent decree, 2, 1999 a proposed Consent Decree States claims against Cannelton the City of Chicago will pay a civil (‘‘Decree’’) in United States v. Thomas Industries, Inc. for response costs penalty of $200,000 and perform four Plating Company, Inc. et al., Civil incurred as a result of the release or supplemental environmental projects at Action No. 98–N–1536, was lodged with threatened release of hazardous a cost of $700,000 to resolve the United the United States District Court for the substances at the Site. According to the States’ claims. The first two projects District of Colorado. The United States terms of the Consent Decree, Cannelton require the City to spend $450,000 to filed this action pursuant to the Industries, Inc. will pay the United remove and dispose of contaminated Comprehensive Environmental States $1,700,000.00. soils at two abandoned sites near the Response, Compensation and Liability The Department of Justice will receive incinerator. The third project requires Act, as amended (‘‘CERCLA’’), 42 U.S.C. for a period of thirty (30) days from the the City to spend $100,000 to construct 9601, et seq., to recover the past date of this publication comments a Lead Safe House. The Lead Safe House response costs incurred at or in relating to the Consent Decree. will serve as a temporary residence for connection with the Thomas Plating Comments should be addressed to the low-income Chicagoans while lead facility in Englewood, Colorado. Assistant Attorney General of the abatement work is being undertaken in The proposed Consent Decree Environment and Natural Resources their homes. The fourth project requires resolves claims against Thomas Plating Division, Department of Justice, the City to spend $150,000 on a lead Company, Inc., and F. Jerome Thomas. Washington, DC 20530, and should refer abatement projects in Northwest Under the terms of the proposed to United States versus Cannelton Chicago. Consent Decree the United States will Industries, Inc., D.J. Ref. 90–11–3– The Department of Justice will receive recover response costs in the amount of 06360. comments relating to the proposed $270,000 and the settling defendants are The Consent Decree may be examined consent decree for a period of thirty (30) obligated to sell, recycle, or arrange for at the Office of the United States days from the date of this publication. the proper transport and disposal of Attorney, Western District of Michigan, Comments should be addressed to the fourteen drums of plating chemicals and 330 Ionia Avenue, NW, Suite 501, Assistant Attorney General for the plating equipment remaining at the now Grand Rapids, Michigan 49503, at the Environment and Natural Resources abandoned Thomas Plating facility.

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The Department of Justice will receive Judgment, filed the same time as the same were in full force and effect as an for a period of thirty (30) days from the Complaint, requires Citadel and Capstar Order of the Court. date of this publication comments to terminate the JSA pursuant to the 4. Citadel and Capstar have agreed to relating to the Decree. Comments should Final Judgment and Capstar to divest a terminate the Citadel-Triathlon Joint be addressed to the Assistant Attorney particular station in Spokane, Sales Agreement (‘‘JSA’’) (defined in General of the Environment and Natural Washington. Copies of the Amended Section II(e) of the Final Judgment) Resources Division, Department of Complaint, proposed Final Judgment pursuant to the Final Judgment, but Justice, Washington, D.C. 20530, and and Amended Competitive Impact subject to Paragraph 9 of this should refer to, United States v. Thomas Statement are available for inspection at stipulation. In addition, the parties have Plating Company, Inc. et al., Civil the Department of Justice in agreed to make certain transfers of radio Action No. 98–N–1536, and D.J. Ref. # Washington, D.C. in Room 200, 325 stations. Capstar’s transfer of KEYF–FM 90–11–2–1327. Seventh Street, N.W., and at the Office to Citadel in Spokane is part of the The Decree may be examined at the of the Clerk of the United States District agreement memorialized in the Final United States Department of Justice, Court for the District of the District of Judgment. Environment and Natural Resources Columbia. 5. The parties have agreed to take the Division, Denver Field Office, 999 18th Public comment is invited within 60 following actions that the United States Street, North Tower Suite 945, Denver, days of the date of this notice. Such has agreed not to oppose. In Colorado Colorado, 80202, and the U.S. EPA comments, and responses thereto, will Springs, Capstar has agreed to transfer Region VIII, 999 18th Street, Superfund be published in the Federal Register KSPZ–FM, KVOR–AM, and KTWK–AM Records Center, Suite 500, Denver, Co. and filed with the Court. Comments to Citadel while Citadel has agreed to 80202, and at the Consent Decree should be directed to Craig W. Conrath, transfer KKLI–FM to Capstar. In Library, 1120 G Street, NW., 3rd Floor, Chief, Merger Task Force, Antitrust Spokane, Capstar has agreed to transfer Washington, DC 20005, (202) 624–0892. Division, Department of Justice, 1401 H KEYF–FM and KEYF–AM to Citadel. A copy of the Decree may be obtained St N.W., Suite 4000, Washington, D.C. Also in Spokane, Citadel has entered in person or by mail from the Consent 20530 (telephone: (202) 307–0001). into an agreement with an unrelated third party to acquire KNJY–FM. Decree Library, 1120 G Street, NW, 3rd Rebecca P. Dick, Although the Final Judgment is not Floor, Washington, DC 20005. In Director of Civil Non-Merger Enforcement. requesting a copy, please enclose a contingent upon these exchanges and check in the amount of $4.00 for the Stipulation acquisitions, the Antitrust Division has analyzed the transactions and has no Decree (25 cents per page reproduction It is stipulated by and between the cost) payable to the Consent Decree objection to them. United States Department of Justice 6. Citadel and Capstar state that there Library. Antitrust Division (‘‘Antitrust are no agreements or understandings Joel M. Gross, Division’’), Citadel Communications between them that will affect how they Chief, Environmental Enforcement Section, Corporation (‘‘Citadel’’), and Capstar will program or format the radio stations Environment and Natural Resources Division. Broadcasting Corporation (‘‘Capstar’’), that they own in Colorado Springs or [FR Doc. 99–12338 Filed 5–14–99; 8:45 am] by their respective attorneys, as follows: Spokane. BILLING CODE 4410±15±M 1. This Court has jurisdiction over the 7. This Stipulation shall apply with subject matter of this action and the equal force and effect to any amended parties have agreed to waive all proposed Final Judgment agreed upon DEPARTMENT OF JUSTICE objections to personal jurisdiction and in writing by the parties and submitted venue in the United States District Court to the Court. In the event plaintiff Antitrust Division for the District of Columbia. withdraws its consent, as provided in United States v. Citadel 2. The parties stipulate that a Final paragraph 2 above, or in the event the Communications Corporation, Judgment in the form hereto attached proposed Final Judgment is not entered Triathlon Broadcasting Company, and may be filed and entered by the Court, pursuant to this Stipulation, the time Capstar Broadcasting Corporation upon the motion of any party or upon has expired for all appeals of any Court the Court’s own motion, at any time ruling declining entry of the proposed Notice is hereby given pursuant to the after compliance with the requirements Final Judgment, and the Court has not Antitrust Procedures and Penalties Act, of the Antitrust Procedures and otherwise ordered continued 15 U.S.C. Section 16(b) through (h), that Penalties Act, 15 U.S.C. 16, and without compliance with the terms and a proposed Final Judgment, Stipulation further notice to any party or other provisions of the proposed Final and Amended Competitive Impact proceedings, provided that plaintiff has Judgment, then the parties are released Statement have been filed with the not withdrawn its consent, which it may from all further obligations under this United States District Court for the do at any time before the entry of the Stipulation, and the making of this District of the District of Columbia in proposed Final Judgment by serving Stipulation shall be without prejudice to United States of America v. Citadel notice thereof on defendants and by any party in this or any other Communications Corporation, Capstar filing that notice with the Court. proceeding. Broadcasting Corporation and Triathlon 3. Defendants shall abide by and 8. Defendants represent that the JSA Broadcasting Company, Civil Action No. comply with the provisions of the will be terminated and the divestiture of 99–CV01043. On April 30, 1999, the proposed Final Judgment pending entry KEYF–FM will be made as ordered, and United States filed an Amended of the Final Judgment by the Court, or that defendants will later raise no claim Complaint alleging that the Joint Sales until expiration of time for all appeals of hardship or difficulty as grounds for Agreement (‘‘JSA’’) in Colorado Springs, of any Court ruling declining entry of asking the Court to modify any of the Colorado, and Spokane, Washington the proposed Final Judgment, and shall, divestiture provisions contained and Triathlon’s acquisition of certain from the date of the signing of this therein. radio stations in Spokane, Washington Stipulation by the parties, comply with 9. If Capstar does not acquire violates Section One of the Sherman all the terms and provisions of the Triathlon Broadcasting Company by Act, 15 U.S.C. 1. The proposed Final proposed Final Judgment as though the June 2, 1999, the Antitrust Division will

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.084 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26777 withdraw the proposed Final Judgment I. Jurisdiction promotional materials relating to these and dismiss Capstar as a defendant in This Court has jurisdiction over each stations; and all logs and other records this matter. of the defendants and over the subject maintained by the operator or owner in Dated: April 7, 1999. matter of this action, and defendants connection with its business: (1) In Colorado Springs, KSPZ–FM, For Plaintiff United States of America. have agreed to waive any objection to KKFM–FM, KKMG–FM, KVUU–FM, Karl D. Knutsen, personal jurisdiction. The Complaint KKLI–FM, KVOR–AM, and KTWK–AM; United States Department of Justice, Antitrust states a claim upon which relief may be granted against the defendants, as and Division, Merger Task Force, 1401 H Street, (2) In Spokane, KAEP–FM, KDRK– N.W., Washington, D.C. 20530, (202) 514– hereinafter defined, under Section 1 of FM, KEYF–FM, KNFR–FM, KISC–FM, 0976. the Sherman Act, 15 U.S.C. 1. KKZK–FM, KGA–AM, KEYF–AM, For Defendant Capstar Broadcasting II. Definitions KAQQ–AM, KJRB–AM, and KUDY–AM. Corporation. As used in this Final Judgment: (G) ‘‘Triathlon’’ means Triathlon Neil W. Imus, Broadcasting Company, a Delaware Vinson & Elkin L.L.P., 1455 Pennsylvania A. ‘‘Capstar’’ means defendant Capstar Broadcasting Corporation, a corporation with its headquarters in San Avenue, N.W., Washington, D.C. 20006, (202) Diego, California, named as a defendant 639–6675. Delaware corporation with its headquarters in Austin, Texas, and its in this action. Dated: April 8, 1999. successors, assigns, subsidiaries, III. Applicability For Defendant Citadel Communications divisions, groups, affiliates, Corporation. A. The provisions of this Final partnerships and joint ventures, and Debra H. Dermody, Judgment apply to the defendants, their directors, officers, managers, agents, and successors and assigns, their Reed, Smith, Shaw, & McClay, 435 Sixth Ave., employees, including but not limited to Pittsburgh, PA 15219, (412) 288–3302. subsidiaries, directors, officers, Hicks, Muse, Tate, & Furst Incorporated managers, agents, and employees, and Final Judgment (‘‘Hicks-Muse’’), a Delaware corporation all other persons in active concert or Whereas, plaintiff, the United States with its headquarters in Dallas, Texas. participation with any of them who of America, has filed its complaint in B. ‘‘Citadel’’ means defendant Citadel shall have received actual notice of this this action, and plaintiff and defendants Communications Corporation, a Nevada Final Judgment by personal service or Citadel Communications Corporation corporation with its headquarters in Las otherwise. (‘‘Citadel’’) and Capstar Broadcasting Vegas, Nevada, and its successors, B. The defendants shall require, as a Corporation (‘‘Capstar’’) by their assigns, subsidiaries, divisions, groups, condition of the sale or other respective attorneys, having consented affiliates, partnerships and joint disposition of any of the Radio Assets, to the entry of this Final Judgment ventures, and directors, officers, that the acquirer or acquirers agree to be without trial or adjudication of any managers, agents, and employees. bound by the provisions of this Final issue of fact or law herein, and without C. ‘‘Defendants’’ means Citadel and Judgment. this Final Judgment constituting any Capstar. IV. Termination of JSA and Divestment evidence against or an admission by any D. ‘‘Antitrust Division’’ means the of KEYF–FM party with respect to any issue of law Antitrust Division of the United States or fact herein; Department of Justice. A. Citadel and Capstar are hereby And whereas, these defendants have E. ‘‘JSA’’ means the Joint Sales ordered and directed in accordance with agreed to be bound by the provisions of Agreement entered on or around the terms of this Final Judgment to this Final Judgment pending its December 15, 1995 among Citadel and terminate the JSA as quickly as possible, approval by the Court. Pourtales Radio Partnership (to which but no later than June 2, 1999. And whereas, the essence of this Final Triathlon is successor), providing for B. Capstar is also ordered to divest Judgment is the prompt and likely the sale of radio advertising time in KEYF–FM in Spokane as quickly as termination of the Joint Sales Agreement Colorado Springs, Colorado and possible, but no later than June 2, 1999. ‘‘JSA’’ in Colorado Springs, Colorado Spokane, Washington. C. The Antitrust Division, in its sole and Spokane, Washington, identified F. ‘‘Radio Assets’’ means all of the discretion, may extend the time period below, which will help ensure that assets, tangible or intangible, used in the for termination for two (2) additional competition is substantially preserved; operation of the following radio stations thirty (30) day periods of time, not to And whereas, plaintiff requires that sell advertising time in Colorado exceed sixty (60) calendar days in total. Citadel and Capstar to terminate the JSA Springs, Colorado, and Spokane, D. Citadel and Capstar shall not for the purpose of restoring competition Washington, including all real property acquire any other radio stations that sell in the sale of radio advertising; (owned or leased) used in the operation radio advertising time in either And whereas, Citadel and Capstar of these stations, all broadcast Colorado Springs or Spokane except have represented to the plaintiff that the equipment, office equipment, office under the procedures stated in Section JSA can and will be terminated, subject furniture, fixtures, materials, supplies, V. Further, Citadel and Capstar shall not to paragraph 9 of the Stipulation, and and other tangible property used in the enter into any JSA or any cooperative that Citadel and Capstar will not later operation of these stations; all licenses, selling arrangement with any other raise claims of hardship, contractual permits, authorizations, and operator of radio stations serving bar, or difficulty as grounds for asking applications therefor issued by the listeners in either Colorado Springs or the Court to delay or modify termination Federal Communications Commission Spokane except under the procedures of the JSA described below: and other government agencies related and conditions stated in Section V. Now, therefore, before the taking of to these stations; all contracts, E. Citadel shall not confer with any testimony, and without trial or agreements, leases and commitments of operators of other radio stations that sell adjudication of any issue of fact or law defendants relating to their operation; advertising time in Colorado Springs or herein, and upon consent of the parties all trademarks, service marks, trade Spokane regarding the price of radio hereto, it is hereby ordered, adjudged, names, copyrights, patents, slogans; advertising time—including any and decreed as follows: programming materials, and discounts for advertisers or classes of

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.043 pfrm04 PsN: 17MYN1 26778 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices advertisers or the availability of added radio advertising time in either be divulged by a representative of the value such as free or bonus spots, Colorado Springs or Spokane without plaintiff to any person other than a duly remote broadcasts, or other promotions. advance written approval from the authorized representative of the Antitrust Division. Executive Branch of the United States, V. Notice except in the course of legal proceedings VI. Preservation of Assets Capstar and Citadel shall provide to which the plaintiff is a party advance notification to the Antitrust Unitl the termination of the JSA (including grand jury proceedings), or Division when they directly or required by Section IV has been for the purpose of securing compliance indirectly acquire any assets of or any accomplished, Citadel shall take all with this Final Judgment, or as interest (including any financial, steps necessary to maintain and operate otherwise required by law. security, loan, equity or management the Radio Assets as active and viable D. If at the time information or interest) in any radio station that sells entities to the extent it is able under the documents are furnished by the advertising time in Colorado Springs, JSA; maintain the management, staffing, defendants to the plaintiff, the Colorado, or Spokane, Washington, or sales and marketing of the Radio Assets; defendants represent and identify in enter into any JSA or any cooperative and maintain the Radio Assets in writing the material in any such selling arrangement with any other operable condition at current capacity information or documents to which a operator of radio stations serving configurations. Citadel and Capstar claim of protection may be asserted listeners in either city. This obligation agree that they may hire each other’s under Rule 26(c)(7) of the Federal Rules to provide notice is met under this employees and that they will not of Civil Procedure, and the defendants section when a transaction is subject to enforce any non-complete provisions in mark each pertinent page of such the reporting and waiting period the employment contracts of any sales material, ‘‘Subject to claim of protection requirements of the Hart-Scott-Rodino employee of any radio station they own under Rule 26(c)(7) of the Federal Rules Antitrust Improvements Act of 1976, as in Colorado Springs. of Civil Procedure,’’ then ten (10) amended, 15 U.S.C. 18a (the ‘‘HSR calendar days’ notice shall be given by Act’’), VII. Financing the plaintiff to the defendants prior to Notification under this section shall Citadel and Capstar shall not finance divulging such material in any legal be provided to the Antitrust Division in for each other all or any part of any proceeding (other than a grand jury the same format as, and per the transaction related to this Final proceeding) to which the defendants are instructions relating to the Notification Judgment. and Report Form set forth in the not a party. VIII. Compliance Inspection Appendix to Part 803 of Title 16 of the IX. Retention of Jurisdiction Code of Federal Regulations as For purposes of determining or amended, except that the information securing compliance with the Final Jurisdiction is retained by this Court requested in Items 5–9 of the Judgment or determining whether the for the purpose of enabling any of the instructions must be provided only Final Judgment should be modified or parties to this Final Judgment to apply about the sales of radio advertising time terminated and subject to any legally to this Court at any time for such further in Colorado Springs and Spokane. recognized privilege, from time to time: orders and directions as may be Notification shall be provided at least A. Duly authorized representatives of necessary or appropriate for the thirty (30) days prior to the acquisition the plaintiff, upon the written request of construction or carrying out of this Final of any such interest, and shall include, the Assistant Attorney General in charge Judgment, for the modification of any of beyond what may be required by the of the Antitrust Division, and on the provisions hereof, for the applicable instructions, the names of the reasonable notice to the defendants enforcement of compliance herewith, principal representatives of the parties made to their principal offices, shall be and for the punishment of any to the agreement who negotiated the permitted: violations hereof. agreement, and any management or (1) Access during office hours of the X. Termination strategic plans discussing the proposed defendants to inspect and copy all books, transaction. If within the 30-day period ledgers, accounts, correspondence, Unless this Court grants an extension, after notification, representatives of the memoranda, and other records and this Final Judgment will expire upon Antitrust Division make a written documents in the possession or under the the tenth anniversary of the date of its request for additional information, control of the defendants, who may have entry. defendants shall not consummate the counsel present, relating to the matters contained in this Final Judgment; and XI. Public Interest proposed transaction or agreement until (2) Subject to the reasonable convenience twenty (20) days after submitting all of the defendants and without restraint or Entry of this Final judgment is in the such additional information. Early interference from any of them, to interview, public interest. termination of the waiting periods in either informally or on the record, their Dated llll this paragraph may be requested and, officers, employees, and agents, who may lllllllllllllllllllll where appropriate, granted in the same have counsel present, regarding any such United States District Judge matters. manner as is applicable under the Plaintiffs Explanation of Consent requirements and provisions of the HSR B. Upon the written request of the Decree Procedures Act and rules promulgated thereunder. Assistant Attorney General in charge of This Section shall be broadly construed, the Antitrust Division, made to the Plaintiff, the United States of and any ambiguity or uncertainty defendants’ principal offices, the America, submits this short regarding the filing of notice under this defendants shall submit written reports, memorandum summarizing the Section shall be resolved in favor of under oath if requested, with respect to procedures regarding the Court’s entry filing notice. any matter contained in the Final of the proposed Final Judgment. The Citadel shall not enter into any JSA or Judgment. Judgment would settle this case any other cooperative selling C. No information or documents pursuant to the Antitrust Procedures arrangement with any other operator of obtained by the means provided in and Penalties Act, 15 U.S.C. 16(b)–(h) radio stations that sells or helps to sell Section VIII of this Final Judgment shall (the ‘‘APPA’’), which applies to civil

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.046 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26779 antitrust cases brought and settled by Decree Procedures were served this 28th The complaint alleges that in the United States. day of April, 1999, by hand and Fedex, Spokane, Citadel’s KAEP–FM, KDRK– 1. Today, plaintiff has filed a to the following: FM, KJRB–AM, and KGA–AM competed Complaint, a proposed Final Judgment, Debra H. Dermody, Reed, Smith, Shaw, against Triathlon’s KKZX–FM, KEYF– and a Stipulation by which the parties & McClay, 435 Sixth Avenue, FM, KEYF–AM, and KUDY–AM prior to have agreed to the Court’s entry of the Pittsburgh, PA 15219, Counsel for the JSA. The complaint further alleges proposed Final Judgment following Citadel Communications Corporation, that since Citadel and Triathlon compliance with the APPA, and a By Fedex. instituted the JSA in Spokane, Citadel Motion to Enter the Stipulation and David J. Laing, Baker & McKenzie, 815 now sets the prices for radio advertising Order. The defendants have agreed not Connecticut Avenue, N.W., for both its and these Triathlon stations. to consummate their transaction until Washington, D.C. 20006, Counsel for In addition, the complaint alleges that the Court signs the Stipulation and Triathlon Broadcasting Company, By Triathlon later acquired KNFR–FM, Order. The Court’s entry of the hand. KISC–FM, and KAQQ–AM in Spokane, Stipulation will enable it immediately Neil W. Imus, Vinson & Elkins L.L.P., and has a reduced incentive to compete to govern the parties’s behavior relating 1455 Pennsylvania Avenue, N.W., against the JSA because it receives a to the transaction, until such time as the Washington, D.C. 20006, Counsel for share of the profits from the JSA. Final Judgment is entered pursuant to Capstar Broadcasting Corporation, By Finally, the complaint alleges that the APPA. hand. Capstar Broadcasting Corporation 2. Plaintiff is also filing a Competitive Karl D. Knutsen (‘‘Capstar’’) has announced its Impact Statement relating to the agreement to acquire Triathlon, proposed Judgment [15 U.S.C. 16(b)]. Amended Competitive Impact including its stations in Colorado 3. The APPA requires that plaintiff Statement Springs and Spokane. After it acquires publish the proposed Final Judgment The United States, pursuant to Triathlon, Capstar would become a and Competitive Impact Statement in Section 2(b) of the Antitrust Procedures party to the JSA, if the JSA were still in the Federal Register and in certain and Penalties Act (‘‘APPA’’), 15 U.S.C. existence. newspapers at least 60 days prior to 16(b)–(h), files this Amended The prayer for relief seeks: (a) entry of the Final Judgment. The notice Competitive Impact Statement relating adjudication that Citadel’s JSA with will inform members of the public that to the proposed Final Judgment Triathlon in Colorado Springs violates they may submit comments about the submitted for entry in this civil antitrust Section One of the Sherman Act, 15 Final Judgment to the United States proceeding. U.S.C. 1; (b) adjudication that Citadel’s Department of Justice, Antitrust JSA with Triathlon and Triathlon’s Division [15 U.S.C. 16(b)-(c)]. I. Nature and Purpose of the Proceeding acquisition of non-JSA stations in 4. During the sixty-day period, The plaintiff filed an amended civil Spokane violate Section One of the plaintiff will consider, and at the close antitrust Complaint on April 30, 1999 Sherman Act, 15 U.S.C. 1; (c) entry of of that period respond to, any comments (‘‘Complaint’’) alleging that Citadel an injunction terminating the JSA in received, and it will publish the Communication Corporation’s both Colorado Springs and Spokane and comments and responses in the Federal (‘‘Citadel’’) ‘‘Joint Sale Agreement’’ requiring Capstar to divest KEF–FM in Register. (‘‘JSA’’) with Triathlon Broadcasting Spokane; (d) entry of an injunction 5. After the expiration of the sixty-day (‘‘Triathlon’’) violates Section One of preventing Citadel from discussing the period, plaintiff will file with the Court the Sherman Act, 15 U.S.C. 1. The price of radio advertising time with the comments, the government’s Complaint alleges that the JSA between competitors in Colorado Springs and responses, and a Motion for Entry of the Citadel and Triathlon is anticompetitive Spokane; and (e) such other relief as is Final Judgment (unless the United in the Colorado Springs, Colorado, and proper. States has decided to withdraw its Spokane, Washington, radio advertising The United States has reached a consent to entry of the Final Judgment, markets. The Complaint also alleges that proposed settlement with Citadel and as permitted by Paragraph 2 of the Triathlon’s acquisition of additional Capstar which is memorialized in the Stipulation) [see 15 U.S.C. 16(d)]. radio stations in Spokane is proposed Final Judgment filed with the 6. At that time, pursuant to the APPA, anticompetitive. Court. Under the terms of the proposed 15 U.S.C. 16(e)–(f), the Court may enter The Complaint alleges that in Final Judgment, Citadel and Capstar the Final Judgment without a hearing, if Colorado Springs, Citadel’s KKFM–FM, will terminate the JSA and Capstar will it finds that the Final Judgment is in the and KKMG–FM competed against divest KEYF–FM. public interest. Triathlon’s KSPZ–FM, KVUU–FM, The plaintiff and defendants Citadel and Capstar have stipulated that the Dated: April 28, 1999. KTWK–AM, and KVOR–AM prior to the JSA, and that since the creation of the proposed Final Judgment may be Respectfully submitted. entered after compliance with the APPA Karl D. Knutsen, JSA, Citadel has acquired KKLI–FM. The complaint further alleges that since and that they can fulfill their obligations Attorney, United States Department of Justice, under the Final Judgment. Entry of the Antitrust Division, Merger Task Force, 1401 Citadel and Triathlon instituted the JSA in Colorado Springs, Citadel now sets proposed Final Judgment would H St., NW, Suite 4000, Washington, DC 20530, terminate this action, except that the (202) 514–0976. the prices for radio advertising for both its and Triathlon’s stations. In addition, Court would retain jurisdiction to Certificate of Service the complaint alleges that Citadel construe, modify, or enforce the I, Karl D. Knutsen, of the Antitrust approached its remaining competitors in provisions of the Final Judgment and to Division of the United States Colorado Springs and suggested that punish violations thereof. Department of Justice, do hereby certify they could all make more money if they II. The Alleged Violation that true copies of the foregoing were to eliminate a discount to certain Complaint, Final Judgment, Stipulation, advertisers, thus indicating its intent A. The Defendants Competition Impact Statement, and and willingness to collude and avoid Citadel is a Nevada corporation with Plaintiff’s Explanation of Consent price competition. its headquarters in Las Vegas, Nevada.

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According to industry estimates, it owns in an effort to reach potential customers, substantially harms competition. The 107 radio stations in 20 U.S. markets. use a mix of electronic and print media Complaint alleges that Citadel’s JSA Triathlon is a Delaware Corporation to deliver their advertising messages. In with Triathlon in Colorado Springs and with its headquarters in San Diego, so doing, they have learned that certain Spokane along with Triathlon’s California. According to industry media are more cost-effective than subsequent acquisition of additional estimates, it currently owns 31 radio others in meeting certain of their stations in Spokane harms competition. stations in six U.S. markets. Capstar has advertising goals and that radio can Prior to the JSA, an advertiser buying announced its agreement to acquire serve several such goals. radio advertising time could select a Triathlon. When radio advertisers use radio as combination of Citadel, Triathlon, and Capstar is a Delaware corporation part of a ‘‘media mix,’’ they often view independent stations that would allow with its headquarters in Austin, Texas. the other advertising media (such as it to exclude either the Triathlon or It is associated with Hicks, Muse, Tate, television or newspapers) as a Citadel stations—thus giving both & Furst Incorporated (‘‘Hicks-Muse’’), a complement to, and not a substitute for, Citadel and Triathlon an incentive to Delaware corporation with its radio advertising. Many advertisers who negotiate with the advertiser. After the headquarters in Irving, Texas. use radio as part of a multi-media JSA, however, the Citadel and Triathlon According to industry estimates, Capstar campaign do so because they believe stations subject to the JSA no longer owns approximately 309 radio stations that the radio component enhances the compete with each other. Because the in 76 U.S. markets. Chancellor Media effectiveness of their overall advertising JSA represents a large percentage of the Company, a company with which campaign. They view radio as giving radio advertising available in those Capstar shares some directors and them unique and cost-effective access to geographic markets, many advertisers in owners, has announced its intention to certain audiences. They recognize that those markets cannot meet their listener acquire Capstar. because radio is portable, people can goals without using the JSA stations. listen to it anywhere—especially in Realizing that these advertisers cannot B. Description of the Events Giving Rise places and situations where other media buy around its JSA, Citadel can raise to the Alleged Violation are not present, such as in the office and prices to many advertisers. Prior to December, 1995, the Citadel car. In addition, they know that radio b. Advertisers could not turn to other and Triathlon radio stations in Colorado formats are designed to attract listeners Colorado Springs or Spokane radio Springs and Spokane competed against in specific demographic groups. As a stations to prevent Citadel from each other within their respective cities. consequence of the foregoing factors, the imposing an anticompetitive price On or about December 15, 1995, closest substitute to advertising on one increase. If Citadel and Triathlon raised however, Citadel and Triathlon’s radio station, for many advertisers, is prices to advertisers in Colorado Springs predecessor corporation entered into a advertising on other radio stations. or Spokane, other radio stations in Joint Sales Agreement (‘‘JSA’’). Under In addition to accomplishing these Colorado Springs and Spokane would the terms of the JSA, Citadel sets prices goals more efficiently than other media, not and could not profitably offer and sells advertising time on the radio radio advertising is the relevant market additional advertising inventory or stations subject to the JSA in both in which to evaluate the JSA because a change their formats to provide access Colorado Springs and Spokane. Citadel hypothetical monopolist of radio to different audiences, thus mitigating also collects payments from advertisers, stations could profitably raise prices. the effect of the price increase. Stations makes a monthly report to Triathlon, Although some local and national are constrained in their ability to play deducts expenses, and divides the advertisers may switch some of their additional commercials by the tendency profits between the parties. Citadel and advertising to other media rather than of listeners to avoid stations that play Triathlon have operated under the JSA absorb a price increase in the cost of too much advertising and the insistence since December, 1995. Later, Triathlon radio advertising time, the existence of of advertisers on ‘‘separation’’ from acquired another group of radio stations such advertisers would not prevent all similar advertisers. Thus, even if in Spokane. radio stations in the Colorado Springs advertisers trying to avoid a price and Spokane markets from profitably increase wanted to run additional C. Anticompetitive Consequences of the raising their prices a small but commercials on non-Citadel and non- JSA significant amount. At a minimum, Triathlon stations, the alternative 1. The Sale of Radio Advertising Time stations could profitably raise prices to stations would likely be unable to in Colorado Springs, Colorado, and those advertisers who view radio as a accommodate them. Moreover, even Spokane, Washington, Are The necessary advertising medium for them, assuming that such a station could Appropriate Markets in Which To or as a necessary advertising accommodate an increase in advertisers, Analyze This Antitrust Action complement to other media. Radio it would perceive the increase in stations negotiate prices individually demand for its product and would have The Complaint alleges that the with advertisers; consequently, radio an incentive to raise its prices as well. provision of advertising time on radio stations can charge different advertisers Finally, successful stations are reluctant stations serving Colorado Springs, different prices. Radio stations generally to change formats because of the risk Colorado, and Spokane, Washington, can identify advertisers with strong and costs involved in a format change constitutes a line of commerce and radio preferences. Because of this ability and unsuccessful stations may not be sections of the country, or relevant to price discriminate among customers, able to gain a large enough audience to markets, for antitrust purposes. Radio radio stations may charge higher prices undermine a supra-competitive price stations, by their programming, seek to to advertisers that view radio as increase. In addition, an advertiser attract listeners. The radio stations then particularly effective for their needs, wishing to reach a broad audience sell advertising time to advertisers who while maintaining lower prices for other cannot simply run more commercials on want to reach those listeners. Radio’s advertisers. fewer stations, because the advertiser unique characteristics as an inexpensive will not reach a broad enough audience drive-time and workplace news and 2. Harm to Competition without a range of stations. entertainment companion has given it a. The concentration of radio stations In both the Colorado Springs and distinct and special qualities. Retailers, in Colorado Springs and Spokane Spokane radio advertising markets, new

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Nothing in this order necessary or appropriate for the Colorado Springs or Spokane markets proposed Final Judgment limits the modification, interpretation, or without interfering with other stations plaintiff’s ability to investigate or bring enforcement of the Final Judgment. and thus violating Federal actions, where appropriate, challenging VI. Alternatives to the Proposed Final Communications Commission other past or future activities of Judgment regulations. defendants in Colorado Springs, Spokane, or any other markets, The plaintiff considered, as an III. Explanation of the Proposed Final including their entry into a JSA or any alternative to the proposed Final Judgment other agreements related to the sale of Judgment, a full trial on the merits of its The proposed Final Judgment would advertising time except those complaint against defendants. The preserve competition in the sale of radio specifically identified in the Complaint. plaintiff is satisfied, however, that the advertising time in both Colorado termination of the JSA and other relief Springs and Spokane. It requires Citadel IV. Remedies Available to Potential contained in the proposed Final and Capstar 1 to terminate their JSA as Private Litigants Judgment will preserve viable soon as possible, but no later than June Section 4 of the Clayton Act, 15 competition in the sale of radio 2, 1999. Plaintiff, at its sole discretion, U.S.C. 15, provides that any person who advertising time in the Colorado Springs may extend the time period for the has been injured as a result of and Spokane radio advertising markets. parties to comply with the terms of the conducted prohibited by the antitrust Thus, the proposed Final Judgment Final Judgment for two additional 30- laws may bring suit in federal court to achieves all of the relief the Government day periods. In addition, the proposed recover three times the damages the would have obtained through litigation, Final Judgment requires Capstar to person has suffered, as well as costs and but avoids the time, expense and divest KEYF–FM in Spokane. reasonable attorneys’ fees. Entry of the uncertainty of a full trial on the merits Defendants have also expressed their proposed Final Judgment will neither of the complaint. desire to exchange certain other stations impair nor assist the bringing of any VII. Standard of Review Under the among themselves and plaintiff has private antitrust damage action. APPA for Proposed Final Judgment stipulated that it will not contest any or V. Procedures Available for all of their proposed exchanges. See The APPA requires that proposed Modification of the Proposed Final Stipulation and Order, ¶¶ 4 & 5. The consent judgments in antitrust cases Judgment Final Judgment provides that neither brought by the United States be subject defendant, nor their successors, can The plaintiff and the defendants have to a sixty (60) day comment period, after acquire any other radio station in either stipulated that the proposed Final which the court shall determine Colorado Springs or Spokane without Judgment may be entered by the Court whether entry of the proposed Final giving the Antitrust Division of the after compliance with the provisions of Judgment ‘‘is in the public interest.’’ Department of Justice prior notice. the APPA, provided that the United In making that determination, the Furthermore, the Final Judgment places States has not withdrawn its consent. court may consider— conditions on the parties if they wish to The APPA conditions entry upon the (1) the competitive impact of such enter any subsequent JSA in either Court’s determination that the proposed judgment, including termination of alleged Colorado Springs or Spokane. Capstar Final Judgment is in the public interest. violations, provisions for enforcement and (never a party to the JSA) may not enter The APPA provides a period of at modification, duration or relief sought, into a JSA in those cities without least sixty (60) days preceding the anticipated effects of alternative remedies notifying that Antitrust Division; Citadel effective date of the proposed Final actually considered, and any other Judgment within which any person may considerations bearing upon the adequacy of may not enter a JSA in those cities such judgment; without permission from the Antitrust submit to the United States written (2) the impact of entry of such judgment Division. Despite their clear competitive comments regarding the proposed Final upon the public generally and individuals significance. JSAs may not all be Judgment. Any person who wishes to alleging specific injury from the violations reportable to the Department under the comment should do so within sixty (60) set forth in the complaint including Hart-Scott-Rodino Antitrust days of the date of publication of this consideration of the public benefit, if any, to Improvements Act of 1976, as amended, Competitive Impact Statement in the be derived from a determination of the issues 15 U.S.C. 18a (the ‘‘HSR Act’’). Thus, Federal Register. The United States will at trial. this provision in the proposed Final evaluate and respond to the comments. 15 U.S.C. 16(e). As the United States Judgment ensures that the Department All comments will be given due Court of Appeals for the District of will receive notice of and be able to act, consideration by the Department of Columbia Circuit recently held, this if appropriate, to stop any agreements Justice, which remains free to withdraw statute permits a court to consider, that might have anticompetitive effects its consent to the proposed Final among other things, the relationship in these radio advertising markets. Judgment at any time prior to its entry. between the remedy secured and the The comments and the response of the specific allegations set forth in the 1 Although this action names Triathlon as a United States will be filed with the government’s complaint, whether the defendant, the Department expects that Triathlon Court and published in the Federal decree is sufficiently clear, whether will be acquired by Capstar soon and will be acquired by Capstar soon and will then cease to Register. enforcement mechanisms are sufficient, have a separate legal existence. Hence, relief against Any such written comments should and whether the decree may positively it is unnecessary. When Triathlon’s separate be submitted to: Craig W. Conrath, harm third parties. See United States v. existence is terminated, the Department will move Chief, Merger Task Force, Antitrust Microsoft Corp., 56 F.3d 1448, 1461–62 to dismiss it as a defendant. This will occur before the Department moves for entry of the proposed Division, United States Department of (D.C. Cir. 1995). In conducting this Final Judgment at the conclusion of the Tunney Act Justice, 1401 H Street, N.W., Suite 4000, inquiry. ‘‘[t]he Court is nowhere review process. Washington, D.C. 20530. compelled to go to trial or to engage in

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.053 pfrm04 PsN: 17MYN1 26782 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices extended proceedings which might have if it falls short of the remedy the court DEPARTMENT OF JUSTICE the effect of vitiating the benefits of would impose on its own, as long as it prompt and less costly settlement falls within the range of acceptability or Antitrust Division through the consent decree process.’’ 2 is ‘within the reaches of public United States v. Suiza Foods Rather, interest.’ ’’ 14 [a]bsent a showing of corrupt failure of the Corporation and Broughton Foods government to discharge its duty, the Court, In this case, the proposed Final Company; Proposed Final Judgment in making its public interest finding, should Judgment meets the appropriate and Competitive Impact Statement ** * carefully consider the explanations of standard. The Final Judgment dissolves the government in the competitive impact the JSA. In addition, Capstar’s Notice is hereby given pursuant to the statement and its responses to comments in divestiture of KEYF-FM in Spokane will Antitrust Procedures and Penalties Act, order to determine whether those 15 U.S.C. Section 16(b) through (h), that cure the anticompetitive effects of explanations are reasonable under the a proposed Final Judgment, Stipulation Triathlon’s prior acquisitions there. The circumstances. and Competitive Impact Statement have exchanges of stations anticipated by been filed with the United States United States v. Mid-America defendants Citadel and Capstar leave Dairymen, Inc., 1977–1 Trade Cas. District Court for the Eastern District of both surviving parties with radio ¶ 61,508, at 71,980 (W.D. Mo. 1977). Kentucky, London Division in United Accordingly, with respect to the advertising market shares of States of America v. Suiza Foods adequacy of the relief secured by the approximately 40% or less in both Corporation and Broughton Foods decree, a court may not ‘‘engage in an Colorado Springs and Spokane. Company, Civil Action No. 99–CV–130. unrestricted evaluation of what relief VIII. Determinative Documents On March 18, 1999, the United States would best serve the public.’’ United filed a Complaint alleging that the States v. BNS, Inc., 858 F.2d 456, 462 There are no determinative materials proposed acquisition by Suiza Foods (9th Cir. 1988) (citing United States v. or documents within the meaning of the Corporation (‘‘Suiza’’) of the stock of Bechtel Corp., 648 F.2d 660, 666 (9th APPA that were considered by the Broughton Foods Company Cir.)); see also Microsoft, 56 F.3d at United States in formulating the (‘‘Broughton’’), would violate Section 7 1460–62. Rather, proposed Final Judgment. of the Clayton Act, 15 U.S.C. 18. The proposed Final Judgment, filed on April the balancing of competing social and Respectfully submitted. 22, 1999, requires Suiza to divest the political interests affected by a proposed Karl D. Knutsen, antitrust consent decree must be left, in the Southern Belle plant and related assets first instance, to the discretion of the Attorney, Colorado Bar Reg. No. 23997, in Somerset, Kentucky, pursuant to the Attorney General. The court’s role in Merger Task Force, U.S. Department of Final Judgment. Copies of the protecting the public interest is one of Justice, Antitrust Division, 1401 H Street, Complaint, proposed Final Judgment insuring that the government has not N.W., Washington, D.C. 20530, (202) 514– and Competitive Impact Statement are breached its duty to the public in consenting 0976. available for inspection at the to the decree. The court is required to determine not whether a particular decree is Certificate of Service Department of Justice in Washington, the one that will best serve society, but D.C. in Room 200, 325 Seventh Street, whether the settlement is ‘‘within the reaches I, Karl D. Knutsen, of the Antitrust N.W., and at the Office of the Clerk of of the public interest.’’ More elaborate Division of the United States the United States District Court for the requirements might undermine the Department of Justice, do hereby certify District of the District of Columbia. effectiveness of antitrust enforcement by that true copies of the foregoing Public comment is invited within 60 consent decree.3 Amended Complaint and amended days of the date of this notice. Such The proposed Final Judgment, therefore, Competitive Impact Statement were comments, and responses thereto, will need not be certain to eliminate every served this 26th day of April, 1999, by be published in the Federal Register anticompetitive effect of a particular United States mail, to the following: and filed with the Court. Comments practice. Court approval of a final should be directed to Craig W. Conrath, judgment requires a more flexible and Debra H. Dermody, Reed, Smith, Shaw, Chief, Merger Task Force, Antitrust less strict standard than the standard & McClay, 435 Sixth Ave., Pittsburgh, Division, Department of Justice, 1401 H required for a finding of liability. ‘‘[A] PA 15219, Counsel for Citadel St. N.W., Suite 4000, Washington, D.C. proposed decree must be approved even Communications Corporation 20530 (telephone: (202) 307–0001). Constance K. Robinson, 2 119 Cong. Rec. 24598 (1973). See United States David J. Laing, Baker & McKenzie, 815 v. Gillette Co., 406 F. Supp. 713, 715 (D. Mass. Connecticut, Washington, D.C. 20006, Director of Operations & Merger Enforcement. 1975). A ‘‘public interest’’ determination can be Counsel for Triathlon Broadcasting United States of America, Plaintiff, vs. made properly on the basis of the Competitive Company Suiza Foods Corporation, d/b/a Louis Trauth Impact Statement and Response to Comments filed Dairy, Land O’Sun Dairy, and Flav-O-Rich pursuant to the APPA. Although the APPA Neil W. Imus, Vinson & Elkins, 1455 Dairy, and Broughton Foods Company, d/b/ authorizes the use of additional procedures, 15 Pennsylvania Avenue, N.W., a Southern Belle Dairy, Defendants. Civil U.S.C. 16(f), those procedures are discretionary. A court need not invoke any of them unless it believes Washington, D.C. 20006, Counsel for Action No. 99–CV–130. Capstar Broadcasting Corporation that the comments have raised significant issues Stipulation and Order and that further proceedings would aid the court in Karl D. Knutsen resolving those issues. See H.R. Rep. 93–1463, 93rd It is stipulated by and between the Cong. 2d Sess. 8–9 (1974), Reprinted in [FR Doc. 99–12339 Filed 5–14–99; 8:45 am] undersigned parties, by their respective U.S.C.C.A.N. 6535, 6538. BILLING CODE 4410±11±M attorneys, as follows: 3 Bechtel, 648 F.2d at 666 (citations omitted) (emphasis added); see BNS, 858 F.2d at 463; United (1) The Court has jurisdiction over the States v. National Broad, Co., 449 F. Supp. 1127, 4 United States v. American Tel. and Tel. Co., 552 subject matter of this action and over 1143 (C.D. Cal. 1978); Gillette, 406 F. Supp. at 716. F. Supp. 131, 151 (D.D.C. 1982), aff’d. sub nom. each of the parties hereto, and venue of See also Microsoft, 56 F.3d at 1461 (whether ‘‘the Maryland v. United States, 460 U.S. 1001 (1983) this action is proper in the Eastern remedies [obtained in the decree are] so (quoting Gillette Co., 406 F. Supp. at 716 (citations inconsonant with the allegations charged as to fall omitted)); United States v. Alcan Aluminum, Ltd., District of Kentucky, London Division. outside of the ‘reaches of the public interest’ ’’) 605 F. Supp. 619, 622 (W.D. Ky. 1985). Washington, (2) The parties stipulate that a Final (citations omitted). D.C. 20530 Judgment in the form hereto attached

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.054 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26783 may be filed and entered by the Court, 14, 1999, from consummating their Now, therefore, before the taking of upon the motion of any party or upon proposed transaction and from bringing any testimony, and without trial or the Court’s own motion, at any time their operations under common adjudication of any issue of fact or law after compliance with the requirements ownership and control, such previous herein, and upon consent of the parties of the Antitrust Procedures Penalties Orders shall be vacated. hereto, it is hereby ordered, adjudged, Act (15 U.S.C. 16), and without further Respectfully submitted, and decreed as follows: notice to any party or other proceedings, James K. Foster, provided that the plaintiff has not I. Jurisdiction withdrawn its consent, which it may do Attorney, U.S. Department of Justice, Antitrust division, 1401 H Street, N.W., Room This Court has jurisdiction over the at any time before the entry of the 4000, Washington, D.C. 20530, Telephone: subject matter of this action and over proposed Final Judgment by serving (202) 514–8362, Facsimile: (202) 307–5802. each of the parties hereto. The notice thereof on defendant and by Paul T. Denis, Complaint states a claim upon which filing that notice with the Court. relief may be granted against the (3) Defendants shall abide by and Arnold & Porter, 555 Twelfth Street, N.W., Washington, DC 20004, Telephone: (202) 942– defendant under Section 7 of the comply with the provisions of the 5000, Facsimile: (202) 942–5999. Clayton Act, as amended (15 U.S.C. 18). proposed Final Judgment pending entry of the Final Judgment, or until Attorney for Defendant Suiza Foods II. Definitions Corporation expiration of the time for all appeals of As used in this Final Judgment: Joseph L. Famularo, any Court ruling declining entry of the A. ‘‘Acquirer’’ means the person(s) to proposed Final Judgment, and shall, United States Attorney, 110 W. Vine Street, whom defendants shall sell the Suite 4000, Lexington, Kentucky 50407, from the date of the filing of this Southern Belle Dairy (as defined below). Stipulation, comply with all the terms Telephone: (606) 233–2666. William J. Kolasky, B. ‘‘Southern Belle Dairy’’ means the and provisions of the proposed Final entire milk processing plant owned by Wilmer, Cutler & Pickering, 2445 M Street, judgment as though the same were in Broughton Foods Company located in full force and effect as an order of the NW., Washington, DC 20037, Telephone: (202) 663–6357, Facsimile: (202) 663–6363. Pulaski County, Kentucky, and all Court. related assets, including all rights and (4) This Stipulation shall apply with Attorney for Defendant Broughton Foods interests in it, including all property equal force and effect to any amended Company and contract rights, all existing proposed Final Judgment agreed upon ll llll So Ordered, this day of . inventory, accounts receivable, in writing by the parties and submitted 1999. pertinent correspondence and files, to the Court. lllllllllllllllllllll customer lists, all related customer (5) Defendants shall prepare and United States District Judge deliver reports in the form required by information, advertising materials, the provisions of paragraph B of Section Final Judgment contracts or other relationships with suppliers, customers and distributors, VI of the proposed Final Judgment Whereas plaintiff the United States of commencing no later than twenty (20) any rights, contracts and licenses America (hereinafter ‘‘United States’’), involving intellectual property, calendar days after the filing of this having filed its Complaint herein, and Stipulation, and every thirty (30) trademarks, tradenames or brands, defendants, by their attorneys, having computers and other physical assets and calendar days thereafter pending entry consented to the entry of this Final of the Final Judgment. equipment used for production at, Judgment without trial or adjudication distribution from, or associated with, (6) In the event the plaintiff of any issue of fact or law herein, and withdraws its consent, as provided in Southern Belle Dairy or any of its without this Final Judgment distribution branches and locations. paragraph 2 above, or if the proposed constituting any evidence against or an C. ‘‘Suiza Foods Corporation’’ means Final Judgment is not entered pursuant admission by any part with respect to defendant Suiza Foods Corporation and to this Stipulation, or the time has any issue of law or fact herein; expired for all appeals of any Court includes its successors and assigns, And whereas, the defendants have their subsidiaries, divisions, groups, ruling declining entry of the proposed agreed to be bound by the provisions of Final Judgment, and the Court has not partnerships and joint ventures, this Final Judgment pending its affiliates, directors, officers, managers, otherwise ordered continuing approval by the Court; compliance with the terms and agents and employees. provisions of the proposed Final And whereas, prompt and certain D. ‘‘Broughton Foods Company’’ Judgment, this Stipulation shall be of no divestiture of certain assets to a third means defendant Broughton Foods effect whatsoever, and the making of party is the essence of this agreement; Company and includes its successors this Stipulation shall be without And whereas, plaintiff requires and assigns, their subsidiaries, prejudice to any party in this or any defendants to divest, as a viable divisions, groups, partnerships and joint other proceeding. business, the Southern Belle Dairy so as ventures, affiliates, directors, officers, (7) Defendants represent that the to ensure, to the sole satisfaction of the managers, agents and employees. plaintiff, that the Acquirer will be to divestiture ordered in the proposed II. Applicability Final Judgment can and will be made, continue to operate the Southern Belle and that defendants will raise no claim Dairy as a viable, ongoing business; A. The provisions of this Final of hardship or difficulty as grounds for And whereas, defendants have Judgment apply to the defendants, their asking the Court to modify any of the represented to plaintiff that the successors and assigns, their divestiture provisions contained divestiture required below can and will subsidiaries, affiliates, directors, therein. be made as provided in this Final officers, managers, agents, and (8) Upon entry of this Stipulation as Judgment and that defendants will later employees, and all other persons in an Order of the Court, and consistent raise no claims of hardship or difficulty active concert or participation with any with this Stipulation, insofar as the as grounds for asking the Court to of them who shall have received actual defendants were enjoined by Orders of modify any of the divestiture provisions notice of this Final Judgment by the Court on March 18, 1999, and April contained below; personal service or otherwise.

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B. Southern Belle Diary may not be plaintiff at the same time that such divestiture at the earliest possible time sold to an Acquirer that has not agreed information is made available to any to a purchaser acceptable to the United to be bound by the provisions of this other person. Defendants shall permit States, and shall have such other powers Final Judgment bona fide prospective purchasers of the as this Court shall deem appropriate. Southern Belle Dairy to have access to Defendants shall not object to a sale by IV. Divestitute of Assets personnel and to make such inspection the trustee on any grounds other than A. Suiza Foods Corporation is hereby of physical facilities and any and all the trustee’s malfeasance. Any such ordered and directed, within six (6) financial, operational, or other objections by defendants must be months from the date this Final documents and information customarily conveyed in writing to the plaintiffs and Judgment is filed with the Court, or five provided as part of a due diligence the trustee within ten (10) calendar days (5) calendar days after notice of the process. after the trustee has provided the notice entry of this Final Judgment by the D. Defendants shall not interfere with required under Section VI. Court, whichever is later, to divest the any negotiations by the Acquirer to C. The trustee shall serve at the cost Southern Belle Dairy to an Acquirer employ any employee whose primary and expense of Suiza Foods acceptable to the United States in its responsibility is the production, sale, Corporation, on such terms and sole discretion. The United States, in its marketing, or distribution of products conditions as the Court may prescribe, sole discretion, may agree to an from the Southern Belle Dairy. and shall account for all monies derived extension of this time period of up to E. Suiza Foods Corporation shall take from the sale of the assets sold by the one (1) month, and shall notify the all reasonable steps to accomplish trustee and all costs and expenses so Court in such circumstances. quickly the divestiture contemplated by incurred. After approval by the Court of B. Unless the United States consents this Final Judgment. Defendants shall the trustee’s accounting, including fees in writing, the divestiture pursuant to not take any action that will impede in for its services and those of any Section IV, or by trustee appointed any way the operation of the Southern professionals and agents retained by the pursuant to Section V of this Final Belle Dairy other than in the ordinary trustee, all remaining money shall be Judgment, shall include the entire course of their other business. paid to Suiza Foods Corporation and the Southern Belle Dairy defined above. V. Appointment of Trustee trust shall then be terminated. The Divestiture shall be accomplished in compensation of such trustee and that of such a way as to satisfy the United A. In the event that Suiza Foods any professionals and agents retained by States, in its sole discretion that the Corporation has not divested the the trustee shall be reasonable in light Southern Belle Dairy can and will be Southern Belle Dairy within the time of the value of the Southern Belle Dairy operated by the Acquirer as a viable, period specified in Section IV.A., it and based on a fee arrangement ongoing business. Divestiture of the shall notify the plaintiff of that fact in providing the trustee with an incentive Southern Belle Dairy, whether pursuant writing. In the event that Suiza Foods based on the price and terms of the to Section IV or Section V of this Final Corporation has not divested the divestiture and the speed with which it Judgment, shall be made to a purchaser Southern Belle Dairy within the time is accomplished. for whom it is demonstrated to the sole period specified in Section IV.A., and D. Suiza Foods Corporation shall use satisfaction of the United States that (1) upon application of the United States, its best efforts to assist the trustee in the purchase is for the purpose of the Court shall appoint a trustee accomplishing the required divestiture. competing effectively in the dairy selected by the United States to effect The trustee and any consultants, business, (2) the Acquirer has the the divestiture of the Southern Belle accountants, attorneys, and other managerial, operational, and financial Dairy. Unless the plaintiff otherwise persons retained by the trustee shall capability to compete effectively in the consents in writing, the divestiture shall have full and complete access to the dairy business; and (3) that none of the be accomplished in such a way as to personnel, books, records, and facilities terms of any agreement between the satisfy the United States, in its sole of, and relating to, the Southern Belle Acquirer and defendant give defendant discretion, that the Southern Belle Dairy Dairy, and defendants shall develop the ability unreasonably to raise the can and will be operated by the financial or other information relevant Acquirer’s costs, to lower the Acquirer’s Acquirer as a viable on-going business. to such assets customarily provided in efficiency, or otherwise to interfere in B. After the appointment of a trustee a due diligence process as the trustee the ability of the Acquirer to compete becomes effectively, only the trustee may reasonably request, subject to effectively. shall have the right to sell the Southern reasonable protection for trade secret or C. In accomplishing the divestiture Belle Dairy. The trustee shall have the other confidential research, ordered by this Final Judgment, Suiza power and authority to accomplish the development, or commercial Foods Corporation shall make known, divestiture at the best price then information. Defendants shall take no by usual and customary means, the obtainable upon a reasonable effort by action to interfere with or to impede the availability of the Southern Belle Dairy. the trustee, subject to the provisions of trustee’s accomplishment of the Suiza Foods Corporation shall provide Sections IV, V and VIII of this Final divestiture. Defendants shall permit any person making inquiry regarding a Judgment, and shall have such other prospective acquires of the assets to possible purchase a copy of the Final powers as the Court shall deem have reasonable access to personnel and Judgment. The defendants shall also appropriate. Subject to Section V.C. of to make such inspection of physical offer to furnish to any bona fide this Final Judgment, the trustee shall facilities and any and all financial, prospective purchaser, subject to have the power and authority to hire at operational, or other documents and customary confidentiality assurance, all the cost and expense of defendants any other information as may be relevant to information regarding the Southern investment bankers, attorneys, or other the divestiture required by this Final Belle Dairy customarily provided in a agents reasonably necessary in the Judgment. due diligence process, except such judgment of the trustee to assist in the E. After its appointment, the trustee information subject to attorney-client divestiture, and such professionals and shall file monthly reports with the privilege or attorney work product agents shall be solely accountable to the parties and the Court setting forth the privilege. Defendants shall make trustee. The trustee shall have the power trustee’s efforts to accomplish the available such information to the and authority to accomplish the divestiture ordered under this Final

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Judgment; provided, however, that to purchaser, or any third party additional of receipt of such affidavit. Suiza Foods the extent such reports contain information concerning the proposed Corporation shall maintain full records information that the trustee deems divestiture, the proposed purchaser, and of all efforts made to divest all or any confidential, such reports shall not be any other potential purchaser. Suiza portion of the Southern Belle Dairy. filed in the public docket of the Court. Foods Corporation or the trustee shall VII. Financing Such reports shall include the name, furnish the additional information address and telephone number of each within fifteen (15) calendar days of the Suiza Foods Corporation shall not person who, during the preceding receipt of the request. Within thirty (30) finance all or any part of any purchase month, made an offer to acquire, calendar days after receipt of the notice of the Southern Belle Dairy made expressed an interest in acquiring, or within twenty (20) calendar days pursuant to Sections IV or V of this entered into negotiations to acquire, or after receipt of the additional Final Judgment was contacted or made an inquiry about information by the United States, VIII. Hold Separate Requirements acquiring, any interest in the Southern whichever is later, the United States Unless otherwise indicated, from the Belle Dairy, and shall describe in detail shall notify in writing Suiza Foods date of filing of this proposed Final each contact with any such person Corporation and the trustee, if there is Judgment with the Court and until the during that period. The trustee shall one, whether or not it objects to the divestiture required by Section IV.A. or maintain full records of all efforts made proposed divestiture. If the United V of the Final Judgment has been to divest the Southern Belle Dairy. If the States notifies in writing Suiza Foods trustee has not accomplished such accomplished: Corporation and the trustee, if there is A. Following consummation of Suiza divestiture within six (6) months after one that it does not object, then the its appointment, the trustee shall Foods Corporation’s acquisition of divestiture may be consummated, Broughton Foods Company and until thereupon promptly file with the Court subject only to Suiza Foods a report setting forth (1) the trustee’s the divestiture required by Section IV.A. Corporation’s limited right to object to or V of the Final Judgment has been efforts to accomplish the required the sale under Section V.B. Absent divestiture, (2) the reasons, in the accomplished, Suiza Foods Corporation written notice that the United States shall preserve, maintain, and operate trustee’s judgment, why the required does not object to the proposed divestiture has not been accomplished, the Southern Belle Dairy as an purchaser or upon objection by the independent competitor with and (3) the trustee’s recommendations; United States, a divestiture proposed provided, however, that to the extent management, production, sales and under Section IV or V may not be operations held entirely separate, such reports contain information that consummated. Upon objection by Suiza the trustee deems confidential, such distinct and apart from those of Suiza Foods Corporation under Section V.B., Foods Corporation. Suiza Foods reports shall not be filed in the public the proposed divestiture under Section docket of the Court. The trustee shall at Corporation shall not coordinate the V shall not be accomplished unless production, marketing or sale of the same time furnish such report to the approved by the Court. parties, who shall each have the right to products from Southern Belle Dairy’s B. Twenty (20) calendar days from the be heard and to make additional business with the business that it will recommendations consistent with the date of the filing of this Final Judgment, own as a result of the acquisition of purpose of the trust. The Court shall and every thirty (30) calendar days Broughton Foods Company. thereafter enter such orders as it shall thereafter until the divestiture has been B. Following consummation of Suiza deem appropriate in order to carry out completed under Section IV or V, Suiza Foods Corporation’s acquisition of the purpose of the Final Judgment, Foods Corporation shall deliver to the Broughton Foods Company and until which may, if necessary, include plaintiff a written affidavit as to the fact the divestiture required by Section IV.A. extending the trust and the term of the and manner of compliance with Section or V of the Final Judgment has been trustee’s appointment by a period IV or V of this Final Judgment. Each accomplished, Suiza Foods Corporation requested by the United States. such affidavit shall include, for each shall take all steps reasonably necessary person who during the preceding thirty to ensure that the Southern Belle Dairy VI. Notification (30) calendar days made an offer, will be maintained and operated as an A. Within two (2) business days expressed an interest or desire to independent, ongoing, economically following execution of a definitive acquire, entered into negotiations to viable and active competitor in the agreement, Suiza Foods Corporation or acquire, or made an inquiry about production and sale of products; that the trustee, whichever is then acquiring any ownership interest in all the management of the Southern Belle responsible for effecting the divestiture or any portion of the Southern Belle Dairy will not be influenced by Suiza required herein, shall notify the plaintiff Dairy, the name, address, and telephone Foods Corporation, and that the books, of any proposed divestiture required by number of that person and a detailed records, competitively sensitive sales, Section IV or V of this Final Judgment. description of each contact with that marketing and pricing information, and If the trustee is responsible, it shall person during that period. Each such decision-making associated with the similarly notify Suiza Foods affidavit shall also include a description Southern Belle Dairy will be kept Corporation. The notice shall set forth of the efforts that Suiza Foods separate and apart from the operations the details of the proposed transaction Corporation has taken to solicit a buyer of Suiza Foods Corporation. Suiza and list the name, address, and for the relevant assets and to provide Foods Corporation’s influence over the telephone number of each person not required information to prospective Southern Belle Dairy shall be limited to previously identified who offered to, or purchasers including the limitations, if that necessary to carry out its expressed an interest in or desire to, any, on such information. Assuming the obligations under the Final Judgment. acquire any ownership interest in the information set forth in the affidavit is Suiza Foods Corporation may receive Southern Belle Dairy, together with full true and complete, any objection by the historical aggregate financial details of the same. Within fifteen (15) United States to the information information (excluding capacity or calendar days after receipt of the notice, provided by the defendant, including pricing information) relating to the the plaintiff may request from Suiza limitations on information, shall be Southern Belle Dairy to the extent Foods Corporation, the proposed made within fourteen (14) calendar days necessary to allow Suiza Foods

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Corporation to prepare financial reports, consistent with past practices, the outlined in Suiza Foods Corporation’s tax returns, personnel reports, and other assets, liabilities, expenses, revenues, earlier affidavit(s) filed pursuant to this necessary or legally required reports income, profit and loss of the Southern Section within fifteen (15) calendar days including provision of due diligence Belle Dairy. after the change is implemented. information required to be made I. Except in the ordinary course of IX. Compliance Inspection available pursuant to this Final business or as is otherwise consistent Judgment. with this Final Judgment, Suiza Foods For the purpose of determining or C. Following consummation of Suiza Corporation shall not hire and shall not securing compliance with this Final Foods Corporation’s acquisition of transfer or terminate, or alter, to the Judgment, and subject to any legally Broughton Foods Company and until detriment of any employee, any current recognized privilege, from time to time: the divestiture required by Section IV.A. employment or salary agreements for A. Duly authorized representatives of or V of the Final Judgment has been any employees who on the date of the the plaintiff, including consultants and accomplished, Suiza Foods Corporation filing of this proposed Final Judgment other persons retained by the United shall use all reasonable efforts to work at the Southern Belle Dairy, unless States, shall, upon the written request of maintain the operations of the Southern such individual has a written offer of the Assistant Attorney General in charge Belle Dairy, and shall maintain at employment from a third party for a like of the Antitrust Division, and on current or previously approved levels, position. reasonable notice to Suiza Foods whichever are higher, internal funding, J. Until such time as the Southern Corporation or Broughton Foods promotional, advertising, sales, Belle Dairy is divested, it shall be Company made to their principal technical assistance, marketing and managed by Martin Shearer. Mr. Shearer offices, be permitted: merchandising support for the Southern shall have complete managerial 1. access during office hours to Belle Dairy. responsibility for the Southern Belle inspect and copy all books, ledgers, D. Following consummation of Suiza Dairy, subject to the provisions of the accounts, correspondence, memoranda, Foods Corporation’s acquisition of Final Judgment. Following and other records and documents in the Broughton Foods Company and until consummation of Suiza Foods possession or under the control of the divestiture required by Section IV.A. Corporation’s acquisition of Broughton defendants, which may have counsel or V of the Final Judgment has been Foods Company and until the present, relating to any matters accomplished, Suiza Foods Corporation divestiture required by Section IV.A. or contained in this Final Judgment; and shall provide and maintain sufficient V of the Final Judgment has been 2. subject to the reasonable working capital to maintain the accomplished, and in the event that Mr. convenience of defendants and without Southern Belle Dairy as an economically Shearer is unwilling or unable to restraint or interference from them, to viable, ongoing business. perform these duties, Suiza Foods interview either informally or on the E. Following consummation of Suiza Corporation shall appoint, subject to record, directors, officers, employees, Foods Corporation’s acquisition of plaintiffs approval, a replacement and agents of defendants, which may Broughton Foods Company and until acceptable to plaintiff within ten (10) have counsel present, regarding any the divestiture required by Section IV.A. working days. Should Suiza Foods such matters. or V of the Final Judgment has been Corporation fail to appoint a B. Upon the written request of the accomplished, Suiza Foods Corporation replacement acceptable to plaintiff Assistant Attorney General in charge of shall provide and maintain sufficient within ten (10) working days, plaintiff the Antitrust Division, made to lines and sources of credit to maintain shall appoint a replacement. defendants at their principal offices, the Southern Belle Dairy as an K. Suiza Foods Corporation shall take defendants shall submit written reports, economically viable, ongoing business. no action that would interfere with the under oath if requested, with respect to F. Following consummation of Suiza ability of any trustee appointed any of the matters contained in this Foods Corporation’s acquisition of pursuant to the Final Judgment to Final Judgment as may be requested. Broughton Foods Company and until complete the divestiture pursuant to the C. No information nor any documents the divestiture required by Section IV.A. Final Judgment to a suitable purchaser. obtained by the means provided in or V of the Final Judgment has been L. Within twenty (20) calendar days of Sections VIII or IX shall be divulged by accomplished, Suiza Foods Corporation the filing of this Final Judgment, Suiza any representative of the plaintiffs to shall take all steps reasonably necessary Foods Corporation shall deliver to the any person other than a duly authorized to ensure that the Southern Belle Dairy United States an affidavit which representative of the Executive Branch is fully maintained in operable describes in detail all actions Suiza of the United States, except in the condition at no lower than its current Foods Corporation has taken and all course of legal proceedings to which the rated capacity levels, and shall maintain steps Suiza Foods Corporation has plaintiff is a party (including grand jury and adhere to normal repair and implemented on an on-going basis to proceedings), or for the purpose of maintenance schedules for the Southern preserve the Southern Belle Dairy securing compliance with this Final Belle Dairy. pursuant to Section VIII of this Final Judgment, or as otherwise required by G. Suiza Foods Corporation shall not, Judgment. The affidavit also shall law. except as part of a divestiture approved describe, but not be limited to, Suiza D. If at the time information or by plaintiff, remove, sell, lease, assign, Foods Corporation’s efforts to maintain documents are furnished by a defendant transfer, pledge or otherwise dispose of and operate the Southern Belle Dairy as to the plaintiff, such defendant or pledge as collateral for loans, any an active competitor, maintain the represents and identifies in writing the assets of the Southern Belle Dairy. independent management, staffing, material in any such information or H. The management of Southern Belle sales, marketing, and pricing of the documents for which a claim of Dairy shall maintain, in accordance Southern Belle Dairy and maintain the protection may be asserted under Rule with sound accounting principles, Southern Belle Dairy in operable 26(c)(7) of the Federal Rules of Civil separate, true, accurate and complete condition at current capacity levels. Procedure, and defendant marks each financial ledgers, books and records that Suiza Foods Corporation shall deliver to pertinent page of such material, report, on a periodic basis, such as the the United States an affidavit describing ‘‘Subject to claim of protection under last business day of every month, any changes to the efforts and actions Rule 26(c)(7) of the Federal Rules of

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Civil Procedure,’’ then the plaintiff shall would violate Section 7 of the Clayton distributes its products to Kentucky give ten (10) calendar days’ notice to Act; (b) preliminary and permanent grocery stores, convenience stores, defendant prior to divulging such injunctive relief preventing the schools, and institutions from its dairies material in any legal proceeding (other consummation of the transaction; (c) an located in London and Newport, than a grand jury proceeding) to which award to the United States of the costs Kentucky; and Bristol and Kingsport, defendant is not a party. of this action; and (d) such other relief Tennessee. as is proper. X. Retention of Jurisdiction Broughton is an Ohio corporation After this suit was filed, a proposed with its headquarters in Marietta, Ohio. Jurisdiction is retained by this Court settlement was reached that permits Broughton had sales of approximately for the purpose of enabling any of the Suiza to complete its acquisition of $87.2 million in 1997. In Kentucky, parties to this Final Judgment to apply Broughton, yet preserves competition in Broughton, using the Southern Belle to this Court at any time for such further the South Central Kentucky school and Broughton’s names, distributes its orders and directions as may be districts where the transaction raises products to grocery stores, convenience necessary or appropriate for the significant competitive concerns. A stores, independent distributors, construction, implementation, or Stipulation and proposed Final schools, and institutions from its dairies modification of any of the provisions of Judgment embodying the settlement in Somerset, Kentucky and Marietta, this Final Judgment, for the enforcement have been filed with the Court. Ohio. of compliance herewith, and for the The proposed Final Judgment orders punishment of any violations hereof. Suiza to divest the entire Southern Belle B. Description of the Events Giving Rise to the Alleged Violations XI. Termination of Provisions Dairy plant based in Pulaski County, Kentucky, and all related assets. Unless On September 10, 1998, Suiza and Unless this Court grants an extension, the plaintiff grants a time extension, Broughton entered into an agreement this Final Judgment will expire on the Suiza must divest the Southern Belle and plan of merger, pursuant to which tenth anniversary of the date of its entry. Dairy and related assets within six (6) Suiza intends to purchase all of the XII. Public Interest months after the filing of the Complaint stock of Broughton for $109.7 million in this action or within five (5) business Entry of this Final Judgment is in the and assume Broughton liabilities of $13 days after notice of entry of the Final public interest. million. The statutory waiting period Judgment, whichever is later. If Suiza Dated: lllllllllllllllll during which the firms were prohibited does not divest the Southern Belle Dairy from completing their proposed Court approval subject to procedures of and related assets within the divestiture acquisition expired March 19, 1999, 15 Antitrust Procedures and Penalties Act, period, the Court, upon plaintiff’s U.S.C. 18a(e)(2). The Complaint was 15 U.S.C. 16. application, is to appoint a trustee to lllllllllllllllllllll filed on March 18, 1999, together with sell the assets. The proposed Final a Motion For Preliminary injunction. On United States District Judge Judgment also requires that, until the April 9, 1999, the defendants agreed to Competitive Impact Statement divestiture mandated by the Final not complete their proposed acquisition Judgment has been accomplished, Suiza Plaintiff, the United States of pending trial and the Motion For and Broughton shall take all steps Preliminary Injunction was withdrawn. America, pursuant to Section 2(b) of the necessary to maintain and operate the Antitrust Procedures and Penalties Act On April 29, 1999, the Stipulation and Southern Belle Dairy as an active Proposed Final Judgment to resolve the (‘‘APPA’’), 15 U.S.C. 16(b)–(h), files this competitor, such that the sale and Competitive Impact Statement relating suit was filed with the Court in London, marketing of its products shall be Kentucky. to the proposed Final Judgment conducted separate from, and in submitted for entry in this civil antitrust competition with, all of Suiza’s C. Anticompetitive Consequences of the proceeding. products, maintain sufficient Proposed Transaction I. Nature and Purpose of the Proceeding management and staffing, and maintain The Complaint alleges that the sale of Plaintiff filed a civil antitrust the Southern Belle Dairy in operable school milk constitutes a relevant Complaint on March 18, 1999, in United condition at current capacity product market and a line of interstate States District Court for the Eastern configurations. commerce. Milk is a product that has District of Kentucky, London Division, The plaintiff and the defendants have special nutritional characteristics and alleging that the proposed acquisition of stipulated that the proposed Final no practical substitutes, and dairies sell Broughton Foods Company Judgment may be entered after milk to schools with special services, (‘‘Broughton’’) by Suiza Foods compliance with the APPA. Entry of the including storage coolers, daily or Corporation (‘‘Suiza ’’) would violate proposed Final Judgment would every-other-day delivery to each school, Section 7 of the Clayton Act, 15 U.S.C. terminate this action, except that the limited hours delivery, constant rotation 18. The Complaint alleges that Suiza Court would retain jurisdiction to of old milk and replacement of expired and Broughton compete head-to-head to construe, modify, or enforce the milk. Moreover, school districts must sell milk to school districts, and that in provisions of the proposed Final provide milk in order to receive 55 of those school districts located in Judgment and to punish violations substantial funds under federal school South Central Kentucky, the acquisition thereof. meal subsidy programs. The Complaint is likely to substantially lessen II. The Alleged Violations defines the sale of milk together with its competition in the sale of school milk, delivery services as the product ‘‘school and that therefore school districts and A. The Defendants milk.’’ There are no other products that students would likely pay higher school Suiza, a large nationwide operator of school districts would substitute for milk prices or experience lower school milk processing plants, is a Delaware school milk in the event of a small but milk quality and service. corporation headquartered in Dallas, significant price increase. If the price of The prayer for relief seeks: (a) an Texas. Suiza had sales of approximately school milk rose by a small but adjudication that the proposed $1.8 billion in 1997. Using the Flav-O- significant amount, school districts transaction described in the Complaint Rich, PET and Trauth names, Suiza would be forced to pay the increase.

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The Complaint alleges that the bid rigging in South Central Kentucky be used as a viable, ongoing business. In relevant geographic market in which to indicates that school milk markets there addition, the purchaser must intend in assess the competitive effects of the are conducive to collusion. The good faith to continue the operations of proposed acquisition is a 39-county area proposed acquisition would likely the Southern Belle Dairy business that of Kentucky (‘‘South Central increase the danger of tacit or overt were in place prior to the filing of the Kentucky’’), and narrower markets collusion in those school districts where Complaint, unless any significant contained therein, including each of the the acquisition would reduce the change in the operations planned by a 55 listed school districts likely to be number of competing firms from three purchaser is accepted by the plaintiff in affected by the acquisition (‘‘South to two, and in districts with no its sole discretion. This provision is Central Kentucky School Districts’’). As remaining competition, the proposed intended to ensure that the business to a practical matter, South Central acquisition would recreate the harmful be divested remains competitive with Kentucky School Districts would be effects of the criminal bid-rigging Suiza in South Central Kentucky. unable to turn to additional school milk conspiracy. If defendants fail to divest the producers not currently bidding or not For all of these reasons, plaintiff Southern Belle Dairy within the time currently intending to bid for school concludes that the proposed transaction period specified in the Final Judgment, milk contracts within South Central is likely to lessen competition the Court, upon plaintiff’s application, Kentucky School Districts to supply substantially in the sale of school milk is to appoint a trustee nominated by them with school milk if the price of in South Central Kentucky, and result in plaintiff to effect the divestiture. If a school milk were to increase by a small increased prices and/or reduced quality trustee is appointed, the proposed Final but significant amount. and services, all in violation of Section Judgment provides that defendants will The Complaint alleges that Suiza’s 7 of the Clayton Act. pay all costs and expenses of the trustee proposed acquisition of Broughton and any professionals and agents III. Explanation of the Proposed Final would lessen competition substantially retained by the trustee. The Judgment in the sale of school milk in each of the compensation paid to the trustee and South Central Kentucky School The proposed Final Judgment would any persons retained by the trustee shall Districts. In 32 of the listed school preserve existing competition in the sale be both reasonable in light of the value districts, only two competitors would of school milk in South Central of the Southern Belle Dairy, and based likely remain after the acquisition. Kentucky. It requires the divestiture of on a fee arrangement providing the Because dairies bid on each school milk all of the Southern Belle Dairy trustee with an incentive based on the contract separately, where the operation. This relief maintains the price and terms of the divestiture and acquisition would reduce the number of level of competition that existed the speed with which its is bidders on these contracts from three to premerger and ensures that the affected accomplished. After appointment, the two, the likelihood that the remaining markets will suffer no reduction in trustee will file monthly reports with bidders will bid less aggressively against competition as a result of the merger, the plaintiff, defendants and the Court, each other on both price and service and the South Central Kentucky School setting forth the trustee’s efforts to terms is significantly increased. Districts will continue to have accomplish the divestiture ordered In 23 of the listed school districts, the alternatives to Suiza/Flav-O-Rich in under the proposed Final Judgment. If effect of the proposed acquisition would purchasing school milk. the trustee has not accomplished the be to establish a monopoly. In these Unless plaintiff grants an extension of divestiture within six (6) months after counties, the proposed acquisition time, the divestiture must be completed its appointment, the trustee shall would give the post-acquisition firm the within six (6) months after the filing of promptly file with the Court a report power unilaterally to raise prices or to the Complaint in this matter or within setting forth (1) the trustee’s efforts to decrease the level or quality of service five (5) business days after notice of accomplish the required divestiture, (2) provided to these school districts. entry of this Final Judgment by the the reasons, in the trustee’s judgment, The Complaint also alleges that entry Court, whichever is later. The proposed why the required divestiture has not by other dairies or distributors would Final Judgment also requires that, until been accomplished and (3) the trustee’s not be timely, likely or sufficient to the divestiture mandated by the Final recommendations. At the same time the deter any anticompetitive effect caused Judgment has been accomplished, Suiza trustee will furnish such report to the by the acquisition. Dairies or and Broughton shall take all steps plaintiff and defendants, who will each distributors would be unlikely to decide necessary to maintain and operate the have the right to be heard and to make that it has become profitable to compete Southern Belle Dairy as an active additional recommendations. for this low margin, low volume, competitor, such that the sale and The relief in the proposed Final seasonal business as a result of a small marketing of its products shall be Judgment is intended to remedy only but significant increase in school milk conducted separate from, and in the likely anticompetitive effects of prices. competition with, all of Suiza’s Suiza’s proposed acquisition of The Complaint also alleges, in products; maintain sufficient Broughton in South Central Kentucky. support of its allegations concerning management and staffing, and maintain Nothing in this Final Judgment is relevant product market, likely the Southern Belle Dairy in operable intended to limit the plaintiff’s ability to competitive effects, and entry, the condition at current capacity investigate or to bring actions, where existence of an admitted school milk configurations. appropriate, challenging other past or bid-rigging conspiracy between The divestiture must be to a purchaser future activities of the defendants. Southern Belle Dairy and Flav-O-Rich or purchasers acceptable to the plaintiff Dairy continuing from the late 1970s in its sole discretion. Unless plaintiff IV. Remedies Available to Potential through 1989, in 23 of the 39 counties otherwise consents in writing, the Private Litigants likely to be affected by the acquisition. divesture shall include all the assets of Section 4 of the Clayton Act, 15 Although the dairies involved in the the Southern Belle Dairy being divested, U.S.C. 15, provides that any person who conspiracy were later purchased by and shall be accomplished in such a has been injured as a result of conduct Broughton (Southern Belle) and Suiza way as to satisfy plaintiff, in its sole prohibited by the antitrust laws may (Flav-O-Rich), the history of school milk discretion, that such assets can and will bring suit in federal court to recover

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.128 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26789 three times the damages the person has Kentucky as it was prior to the proposed ** * carefully consider the explanations of suffered, as well as costs and reasonable acquisition, and that the proposed Final the government in the competitive impact attorneys’ fees. Entry of the proposed Judgment would achieve all the relief statement and its responses to comments in Final Judgment will neither impair nor the government would have obtained order to determine whether those assist the bringing of any private explanations are reasonable under the through litigation, but merely avoids the circumstances. antitrust damage action. Under the time and expense of a trial. provisions of Section 5(a) of the Clayton United States v. Mid-America Act, 15 U.S.C. 16(a), the proposed Final VII. Standard of Review Under the Dairymen, Inc., 1977–1 Trade Cas. Judgment has no prima facie effect in APPA for Proposed Final Judgment ¶ 61,508, at 71,980 (W.D. Mo. 1977). any subsequent private lawsuit that may The APPA requires that proposed Accordingly, with respect to the be brought against defendants. consent judgments in antitrust cases adequacy of the relief secured by the brought by the United States be subject decree, a court may not ‘‘engage in an V. Procedures Available for to a sixty (60) day comment period, after unrestricted evaluation of what relief Modification of the Proposed Final which the Court shall determine would best serve the public.’’ United Judgment whether entry of the proposed Final States v. BNS, Inc., 858 F.2d 456, 462 The plaintiff and the defendants have Judgment ‘‘is in the public interest.’’ In (9th Cir. 1988), citing United States v. stipulated that the proposed Final making that determination, the Court Bechtel Corp., 648 F.2d 660, 666 (9th Judgment may be entered by the Court may consider— Cir.), cert. denied, 454 U.S. 1083 (1981); after compliance with the provisions of (1) The competition impact of such see also Microsoft, 56 F.3d at 1460–62. the APPA, provided that the plaintiff judgment, including termination of alleged Precedent requires that has not withdrawn its consent. The violations, provisions for enforcement and APPA conditions entry upon the Court’s the balancing of competing social and modification, duration or relief sought, political interests affected by a proposed determination that the proposed Final anticipated effects of alternative remedies antitrust consent decree must be left, in the Judgment is in the public interest. actually considered and any other first instance, to the discretion of the The APPA provides a period of at considerations bearing upon the adequacy of Attorney General. The court’s role in least sixty (60) days preceding the such judgment; protecting the public interest is one of effective date of the proposed Final (2) The impact of entry of such judgment insuring that the government has not Judgment within which any person may upon the public generally and individuals breached its duty to the public in consenting alleging specific injury from the violations to the decree. The court is required to submit to the plaintiff written comments set forth in the complaint including regarding the proposed Final Judgment. determine not whether a particular decree is consideration of the public benefit, if any, to the one that will best serve society, but Any person who wishes to comment be derived from a determination of the issues should do so within sixty (60) days of whether the settlement is ‘‘within the reaches at trial. of the public interest.’’ More elaborate the date of publication of this 15 U.S.C. 16(e). requirements might undermine the Competitive Impact Statement in the As the United States Court of Appeals effectiveness of antitrust enforcement by Federal Register. The plaintiff will for the D.C. Circuit held, this statute consent decree.2 evaluate and respond to the comments. permits a court to consider, among other The proposed Final Judgment, All comments will be given due things, the relationship between the therefore, should not be reviewed under consideration by the Department of remedy secured and the specific a standard of whether it is certain to Justice, which remains free to allegations set forth in the government’s eliminate every anticompetitive effect of withdrawn its consent to the proposed complaint, whether the decree is a particular practice or whether it Final Judgment at any time prior to sufficiently clear, whether enforcement mandates certainty of free competition entry. The comments and the response mechanisms are sufficient and whether in the future. Court approval of a final of the plaintiff will be filed with the the decree may positively harm third judgment requires a standard more Court and published in the Federal parties. See United States v. Microsoft, flexible and less strict than the standard Register. 56 F.3d 1448, 1461–62 (D.C. Cir. 1995). required for a finding of liability. ‘‘[A] Written comments should be In conducting this inquiry, ‘‘[t]he proposed decree must be approved even submitted to: Craig W. Conrath, Chief, Court is nowhere compelled to go to if it falls short of the remedy the court Merger Task Force, Antitrust Division, trial or to engage in extended would impose on its own, as long as it United States Department of Justice, proceedings which might have the effect falls within the range of acceptability or 1401 H Street, NW; Suite 4000, of vitiating the benefits of prompt and is ‘within the reaches of public Washington, DC 20530. less costly settlement through the interest.’ ’’ 3 The proposed Final Judgment consent decree process.’’ 1 The relief obtained in this case is provides that the Court retains Rather, strong and effective relief that should jurisdiction over this action, and that [a]bsent a showing of corrupt failure of the fully address the competitive harm the parties may apply to the Court for posed by the proposed transaction. any order necessary or appropriate for government to discharge its duty, the Court, in making its public interest finding, should the modifications, interpretation or 2 Bechtel, 648 F.2d at 666 (citations omitted) enforcement of the Final Judgment. 1 119 Cong. Rec. 24598 (1973). See United States (emphasis added); see BNS, 858 F.2d at 463; United VI. Alternatives to the Proposed Final v. Gillette Co., 406 F. Supp. 713, 715 (D. Mass. States v. National Broadcasting Co. 449 F. Supp. 1975). A ‘‘public interest’’ determination can be 1127, 1143 (C.D. Cal. 1978); Gillette, 406 F. Supp. Judgment made properly on the basis of the Competitive at 716 See also Microsoft, 56 F.3d at 1461 (whether Plaintiff considered, as an alternative Impact Statement and Response to Comments filed ‘‘the remedies [obtained in the decree are] so pursuant to the APPA. Although the APPA inconsonant with the allegations charged as to fall to the proposed Final Judgment, a full authorizes the use of additional procedures, 15 outside of the reaches of the public interest’’) trial on the merits of its Complaint U.S.C. 16(f), those procedures are discretionary. A (citations omitted). against the defendants. Plaintiff is court need not invoke any of them unless it believes 3 United States v. American Tel. and Tel. Co., 552 satisfied, however, that the divestiture that the comments have raised significant issues F. Supp. 131, 151 (D.D.C. 1982), aff’d. sub nom. and that further proceedings would aid the court in Maryland v. United States, 460 U.S. 1001 (1983), contained in the proposed Final resolving those issues. See H.R. Rep. 93–1463, 93rd quoting Gillette, 406 F. Supp. at 716 (citations Judgment will preserve competition in Cong. 2d Sess. 8–9 (1974), reprinted in U.S.C.C.A.N. omitted); United States v. Alcan Aluminum, Ltd., the sale of school milk in South Central 6535, 6538. 605 F. Supp. 619, 622 (W.D. Ky. 1985).

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VIII. Determination Documents before June 1, 1999, to Sharon use of this provision. In addition, other There are not determinative materials Morrissey, Executive Secretary, ERISA approaches used by employers to or documents within the meaning of the Advisory Council, U.S. Department of benefit from the existence of surplus APPA that were considered by the labor, Room N–5677, 200 Constitution assets will be discussed. plaintiff in formulating the proposed Avenue, NW, Washington, D.C. 20210. Members of the public are encouraged Final Judgment. Individuals or representatives of to file a written statement pertaining to organizations wishing to address the the topic by submitting 20 copies on or Dated April 28, 1999. Working Group should forward their before June 1, 1999, to Sharon Respectfully submitted, request to the Executive Secretary or Morrissey, Executive Secretary, ERISA James K. Foster, telephone (202) 219–8753. Oral Advisory Council, U.S. Department of Merger Task Force, U.S. Department of presentations will be limited to 10 Labor, Room N–5677, 200 Constitution Justice, Antitrust Division, 1401 H Street, NW; minutes, but an extended statement may Avenue, NW., Washington, DC 20210. Suite 4000, Washington, DC 20530, (202) 307– be submitted for the record. Individuals Individuals or representatives of 0001. with disabilities, who need special organizations wishing to address the Certificate of Service accommodations, should contact Sharon Working Group should forward their I, James K. Foster, hereby certify that, Morrissey by June 1, at the address request to the Executive Secretary or on April 28, 1999, I caused the foregoing indicated in this notice. telephone (202) 219–8753. Oral document to be served on defendants Organizations or individuals may also presentations will be limited to 10 Suiza Foods Corporation and Broughton submit statements for the record minutes, but an extended statement may Foods Company, by facsimile and first- without testifying. Twenty (20) copies of be submitted for the record. Individuals class mail, postage prepaid, to: such statements should be sent to the with disabilities, who need special Executive Secretary of the Advisory accommodations, should contact Sharon Paul Denis, Esq., Council at the above address. Papers Morrissey by June 1, at the address Arnold & Porter, 555 12th Street, NW, will be accepted and included in the indicated in this notice. Washington DC 20004–1202, Counsel for Organizations or individuals may also Suiza Foods Corporation. record of the meeting if received on or before June 1. submit statements for the record William Kolasky, Signed at Washington, D.C. this 11th day without testifying. Twenty (20) copies of Wilmer, Cutler, & Pickering, 2445 M Street, of May, 1999. such statements should be sent to the NW, Washington, DC 20037, Counsel for Richard McGahey, Executive Secretary of the Advisory Broughton Foods Company. Council at the above address. Papers Assistant Secretary, Pension and Welfare James K. Foster Benefits Administration. will be accepted and included in the record of the meeting if received on or [FR Doc. 99–12340 Filed 5–14–99; 8:45 am] [FR Doc. 99–12378 Filed 5–14–99; 8:45 am] before June 1. BILLING CODE 4410±11±M BILLING CODE 4510±29±M Signed at Washington, DC this 11th day of May 1999. DEPARTMENT OF LABOR DEPARTMENT OF LABOR Richard McGahey, Assistant Secretary, Pension and Welfare Pension and Welfare Benefits Pension and Welfare Benefits Benefits Administration. Administration Administration [FR Doc. 99–12379 Filed 5–14–99; 8:45 am] Working Group on the Benefit Working Group Exploring the BILLING CODE 4510±29±M Implication Due to the Growth of a Possibility of Using Surplus Pension Contingent Workforce Advisory Assets To Secure Retiree Health DEPARTMENT OF LABOR Council on Employee Welfare and Benefits Advisory Council on Pension Benefits Plans; Notice of Employee Welfare and Pension Pension and Welfare Benefits Meeting Benefits Plan; Notice of Meeting Administration Pursuant to the authority contained in Pursuant to the authority contained in Working Group Studying Issues Section 512 of the Employee Retirement Section 512 of the Employee Retirement Surrounding the Trend in the Defined Income Security Act of 1974 (ERISA), 29 Income Security Act of 1974 (ERISA), 29 Benefit Plan Market With a Focus on U.S.C. 1142, the Working Group U.S.C. 1142, a public meeting will be Employer-Sponsored Hybrid Plans assigned by the Advisory Council on held Tuesday, June 8, 1999, of the Advisory Council on Employee Welfare Employee Welfare and Pension Benefit Advisory Council on Employee Welfare and Pension Benefits Plans; Notice of Plans to study what the benefit and Pension Benefit Plans Working Meeting implications are due to the growth of a Group assigned to explore the contingent workforce will hold an open possibility of using surplus pension Pursuant to the authority contained in public meeting on Tuesday, June 8, assets to secure retire health benefits. Section 512 of the Employee Retirement 1999, in Room N–3437 A–B, U.S. The session will take place in Room Income Security Act of 1974 (ERISA), 29 Department of Labor Building, Second N–3437 A–B U.S. Department of Labor U.S.C. 1142, a public meeting will be and Constitution Avenue, NW, Building, Second and Constitution held on Wednesday, June 9, 1999, of the Washington, D.C. 20210. Avenue, NW., Washington, DC 20210. Advisory Council on Employee Welfare The purpose of the open meeting, The purpose of the open meeting, which and Pension Benefit Plans Working which will run from 9:30 a.m. to will run from 1:00 p.m. to Group assigned to study issues approximately noon, is for Working approximately 4:00 p.m., is for working surrounding trends in the defined Group members to take testimony on the group members to explore current benefit market with a focus on federal legal framework on the subject. accessibility of surplus assets in defined employer-sponsored hybrid plans. Members of the public are encouraged benefit pension plans with a particular The purpose of the open meeting, to file a written statement pertaining to emphasis on Internal Revenue Code which will run from 9:30 a.m. to the topic by submitting 20 copies on or Section 420 provisions and the historic approximately noon in Room N–3437

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A–B, U.S. Department of Labor Avenue NW, Washington, D.C. 20210, is DEPARTMENT OF LABOR Building, Second and Constitution for members to receive progress reports Avenue NW, Washington, D.C. 20210, is from the three working groups Office of the Assistant Secretary for for working group members to explore established for 1999 and a status report Veterans' Employment and Training issues related to transition and on the activities of the Pension and Solicitation for Grant Application: employee disclosures when a traditional Welfare Benefits Administration, which defined benefit plan is converted to a Local Veterans Employment staffs the Advisory Council for the Representative Funds, Fiscal Year cash balance plan and to review the Secretary of Labor. work group’s progress, strategy and 1999 Working Group topics and the chairs future plans. AGENCY: Office of the Assistant Members of the public are encouraged of those working groups are: • Secretary for Veterans’ Employment and to file a written statement pertaining to Benefit Implications of a Contingent Training, DOL. the topic by submitting 20 copies on or Workforce, Michael Fanning; ACTION: Notice of Extension. before June 1, 1999, to Sharon • Exploring the Possibility of Using Morrissey, Executive Secretary, ERISA Pension Surplus to Fund Retiree Health SUMMARY: This notice extends the Advisory Council, U.S. Department of Benefits, Michael J. Gulotta, and ending due date of the SGA 99–01 Labor, Room N–5677, 200 Constitution published on April 5, 1999 from May • The Trend in the Defined Benefit Avenue, NW, Washington, D.C. 20210. 10, 1999 to May 26, 1999 for submitting Plan Market with a Focus on Hybrid Individuals or representatives of an application for funds for the organizations wishing to address the Plans, including Cash Balance Plans, operation of the Federal Contractor Working Group should forward their Judith F. Mazo. Award Information System of the request to the Executive Secretary or Members of the public are encouraged Federal Contractor Program, under Title telephone (202) 219–8753. Oral to file a written statement pertaining to 38 U.S.C., part 4212. An application presentations will be limited to 10 any of these topics by submitting 20 package and instructions for completion minutes, but an extended statement may copies on or before June 1, 1999, to is now available. The closing date for be submitted for the record. Individuals Sharon Morrissey, Executive Secretary, receipt of a completed application in with disabilities, who need special ERISA Advisory Council, U.S. response to this SGA, or a letter of accommodations, should contact Sharon Department of Labor, Room N–5677, intent to make a subsequent application, Morrissey by June 1, at the address 200 Constitution Avenue, NW, will be not later than 4:30 p.m., May 26, indicated in this notice. Washington, D.C. 20210. Individuals or 1999. A copy of the application package Organizations or individuals also may and instructions can be obtained at the submit statements for the record representatives of organizations wishing to address the full Advisory Council following address: U.S. Department of without testifying. Twenty (20) copies of Labor, 200 Constitution Ave., N.W., such statements should be sent to the should forward their request to the Executive Secretary or telephone (202) Room N5416, Washington, D.C. 20210. Executive Secretary of the Advisory No FAXed or telephone requests will be 219–8753. Oral presentations will be Council at the above address. Papers accepted. will be accepted and included in the limited to 10 minutes, but an extended record of the meeting if received on or statement may be submitted for the Eligibility before June 1. record. Individuals with disabilities, This grant solicitation is open to any Signed at Washington, D.C. this 11th day who need special accommodations, State or Local agency or commercial of May 1999. should contact Sharon Morrissey by entity or non-profit entity 401(c)(4) Richard McGahey, June 1, at the address indicated in this entities are not eligible to apply as they Assistant Secretary, Pension and Welfare notice. are lobbying organizations. Benefits Administration. Organizations or individuals also may Signed at Washington, D.C., this 10th day [FR Doc. 99–12380 Filed 5–14–99; 8:45 am] submit statements for the record of May 1999. BILLING CODE 4510±29±M without testifying. Twenty (20) copies of Lawrence J. Kuss, such statements should be sent to the Grant Officer. Executive Secretary of the Advisory [FR Doc. 99–12382 Filed 5–14–99; 8:45 am] DEPARTMENT OF LABOR Council at the above address. Papers BILLING CODE 4510±19±M Pension and Welfare Benefits will be accepted and included in the Administration record of the meeting if received on or before June 1. NATIONAL CREDIT UNION 106th Meeting of the Advisory Council Signed at Washington, D.C. this 11th day ADMINISTRATION on Employee Welfare and Pension of May 1999. Benefits Plans; Notice of Meeting Richard McGahey, Sunshine Act Meeting; Notice of Pursuant to the authority contained in Assistant Secretary, Pension and Welfare Meetings Section 512 of the Employee Retirement Benefits Administration. TIME AND DATE: 10:00 a.m., Wednesday, Income Security Act of 1974 (ERISA), 29 [FR Doc. 99–12381 Filed 5–14–99; 8:45 am] May 19, 1999. U.S.C. 1142, the 106th public meeting of BILLING CODE 4510±29±M PLACE: Board Room, 7th Floor, Room the Advisory Council on Employee 7047, 1775 Duke Street, Alexandria, VA Welfare and Pension Benefit Plans will 22314–3428. be held on Wednesday, June 9, 1999. The purpose of the open meeting, STATUS: Open. which will run from 1:00 p.m. to MATTERS TO BE CONSIDERED: approximately 2:30 p.m. in Room N– 1. Request for a Waiver for Corporate 3437 A–B, U.S. Department of Labor Credit Unions under Part 704 of NCUA’s Building, Second and Constitution Rules and Regulations.

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2. Appeal from a Federal Credit Union community-centered arts projects along Facility Operating Licenses Nos. DPR– of Regional Director’s Denial of the 52 Millennium Legacy Trails that 31 and DPR–41, which authorize Conversion to a Community Charter. the US Department of Transportation operation of Turkey Point Units 3 and 3. Proposed Rule: Amendment to Part will designate in each of the 50 states, 4 (the facility), respectively, at a steady- 741, NCUA’s Rules and Regulations, Puerto Rico, and the District of state reactor power level not in excess Insurance Premium and One Percent Columbia. Available funding is of 2300 megawatts thermal. The facility Deposit. $520,000, which must be matched on a is a pressurized-water reactor located at 4. Final Rule: Amendment to Part 701, one-to-one basis. Responsibilities of the the licensee’s site in Dade County, NCUA’s Rules and Regulations, Safe recipient of the Cooperative Agreement Florida. The licenses require among Deposit Box. will include: preparation and other things that the facility comply 5. Final Rule: Amendment to Part distribution of application guidelines; with all rules, regulations, and orders of 708a, NCUA’s Rules and Regulations, overseeing the review and selection the U.S. Nuclear Regulatory Mergers/Conversions of Federally- process; providing guidance and Commission (the Commission or NRC) Insured Credit Unions to Non Credit structure to each project; as well as now or hereafter in effect. Union Status. monitoring all stages of each project. II 6. Final Rule: Amendment to Part 701, Eligibility to apply is limited to non- NCUA’s Rules and Regulations, Change profit organizations [501(c)(3), college or By letter dated December 22, 1998, in Credit Union Officials or Senior Staff. university, or unit of state and local the NRC issued an exemption from 7. Final Rule: Amendments to Parts government]. Applicants for this certain requirements of 10 CFR Part 50, 701, 713 and 741, NCUA’s Rules and Cooperative Agreements mut have Appendix R, Section III.G.2.a, and a Regulations, Fidelity Bond. previous experience in working with supporting safety evaluation (SE), for 8. Final Rule: Amendment to Part 723, relevant organizations and agencies, certain fire zones in the turbine building NCUA’s Rules and Regulations, Member such as national cultural service at Turkey Point Plant, Units 3 and 4. By Business Loans. organizations, national trails letter dated March 8, 1999, FPL RECESS: 11:15 a.m. organizations, state/local arts agencies, provided the NRC staff with its review comments regarding the issued TIME AND DATE: 11:30 a.m., Wednesday, state departments of transportation, and state and local trails organizations. exemption and SE. May 19, 1999. The licensee’s comments consisted Those interested in receiving the PLACE: Board Room, 7th Floor, Room primarily of clarifications, editorial solicitation package should reference 7047, 1775 Duke Street, Alexandria, VA corrections, and minor inconsistencies Program Solicitation PS 99–04 in their 22314–3428. between FPL’s submittals and the issued written request and include two (2) self- STATUS: Closed. exemption and SE. Based on its review, addressed labels. Verbal requests for the MATTERS TO BE CONSIDERED: the NRC staff has determined that these Solicitation will not be honored. 1. Administrative Action under Part comments, which do not cause the 704, NCUA’s Rules and Regulations. DATES: Program Solicitation PS 99–04 is conclusions made previously in the Closed pursuant to exemption (8). scheduled for release approximately exemption and SE that were issued on 2. Administrative Action under Part June 4, 1999 with proposals due on July December 22, 1998, to be altered, should 745, NCUA’s Rules and Regulations. 12, 1999. be incorporated appropriately. Closed pursuant to exemption (8). ADDRESSES: Requests for the Solicitation Therefore, the staff is issuing this 3. Year 2000 Issues. Closed pursuant should be addressed to the National revised exemption and a revised SE to to exemptions (8), (9)(A)(ii), and (9)(B). Endowment for the Arts, Grants & reflect FPL’s comments. This revised 4. CLF Y2K Plan. Closed pursuant to Contracts Office, Room 618, 1100 exemption and the revised SE supersede exemptions (8), (9)(A)(ii), and (9)(B). Pennsylvania Ave., NW, Washington, those issued on December 22, 1998. 5. Three (3) Personnel Actions. Closed DC 20506. In exemptions dated March 27, 1984, pursuant to exemptions (2) and (6). FOR FURTHER INFORMATION CONTACT: and August 12, 1987, concerning the FOR FURTHER INFORMATION CONTACT: William Hummel, Grants & Contracts requirements of Section III.G, Appendix Becky Baker, Secretary of the Board, Office, National Endowment for the R to 10 CFR Part 50, the NRC staff Telephone (703) 518–6304. Arts, Room 618, 1100 Pennsylvania approved the use of 1-hour-rated fire Becky Baker, Ave., NW, Washington, DC 20506 (202/ barriers in lieu of 3-hour-rated fire Secretary of the Board. 682–5482). barriers in certain outdoor areas at Turkey Point Units 3 and 4. In addition, [FR Doc. 99–12449 Filed 5–13–99; 11:06 am] William I. Hummel, the staff found that, for certain outdoor BILLING CODE 7535±01±M Coordinator, Cooperative Agreements and areas not protected by automatic fire Contracts. detection and suppression systems, [FR Doc. 99–12290 Filed 5–14–99; 8:45 am] separation of cables and equipment and NATIONAL FOUNDATION ON THE BILLING CODE 7537±01±M associated circuits of redundant trains ARTS AND HUMANITIES by a horizontal distance of 20 feet free of intervening combustibles provided an Cooperative Agreement for Arts NUCLEAR REGULATORY acceptable level of fire safety. Projects on Millennium Trails COMMISSION On the basis of the results of the AGENCY: National Endowment for the [Docket Nos. 50±250 and 50±251] industry’s Thermo-Lag fire endurance Arts. testing program, the licensee concluded ACTION: Notification of availability. Florida Power and Light Company that the outdoor Thermo-Lag fire barrier (Turkey Point Units 3 and 4); Revised designs cannot achieve a 1-hour fire- SUMMARY: The National Endowment for Exemption resistive rating but can achieve a 30- the Arts is requesting proposals leading minute fire-resistive rating when to the award of a Cooperative I exposed to a test fire that follows the Agreement to conduct a project which Florida Power and Light Company American Society for Testing and will support 52 high quality, (the licensee or FPL) is the holder of Materials Standard E–119 time-

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.135 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26793 temperature curve. Because of these test systems would be provided for the For the Nuclear Regulatory Commission. results, the licensee in a letter dated major fire hazards (combustible sources) John A. Zwolinski, June 15, 1994, requested an exemption and the turbine lube oil equipment, and Director, Division of Licensing Project to use 30-minute fire barriers for automatic wet pipe sprinkler protection Management, Office of Nuclear Reactor outdoor applications in lieu of the 1- would be provided for area coverage, Regulation. hour-rated fire barriers previously including the turbine lube oil [FR Doc. 99–12319 Filed 5–14–99; 8:45 am] approved; however, the licensee distribution piping locations as BILLING CODE 7590±01±P withdrew the exemption request by described in the enclosed safety letter dated June 28, 1996. evaluation; and (2) for the turbine In a letter dated July 31, 1997, as building between column lines E–1 and OFFICE OF MANAGEMENT AND supplemented on July 2, October 27, J, an automatic wet pipe sprinkler BUDGET and December 9, 1998, the licensee protection would be provided. requested an exemption from the Audits of States, Local Governments, requirements pertaining to the 3-hour- III and Non-Profit Organizations; Circular rated fire barriers required by Section The underlying purpose of Section A±133 Compliance Supplement III.G.2.a, Appendix R to 10 CFR Part 50, III.G.2.a, Appendix R to 10 CFR Part 50, AGENCY: for fire zones 79 (partial), 80 (partial), is to provide reasonable assurance that Office of Management and 82, 84 (partial), 85 (partial), 88 (partial), one safe-shutdown train and associated Budget. 89 (partial), 91, 92, 105, and 117 in the circuits used to achieve and maintain ACTION: Notice of availability of the 1999 turbine building. The licensee requested safe-shutdown are free of fire damage. Circular A–133 Compliance that the NRC approve the following fire On the basis of the staff’s supporting Supplement. safety evaluation of the licensee’s protection schemes as alternatives to the SUMMARY: On June 10, 1998 (63 FR submittals, the staff concludes that the protection required by Section III.G.2 of 31814), the Office of Management and exemption from the requirements of Appendix R to 10 CFR Part 50: (1) Budget (OMB) issued a notice of Section III.G.2.a of Appendix R to 10 Separation of cables and equipment and availability of the 1998 Circular A–133 CFR Part 50, for fire zones 79 (partial), associated circuits of redundant post- Compliance Supplement. The notice 80 (partial), 82, 84 (partial), 85 (partial), fire safe-shutdown trains within the also offered interested parties an 88 (partial), 89 (partial), 91, 92, 105, and turbine building fire zones 79 (partial), opportunity to comment on the 1998 80 (partial), 82, 84 (partial), 85 (partial), 117 as requested by the licensee, provides an adequate level of fire safety Circular A–133 Compliance 88 (partial), 91, 92, and 105 between Supplement. OMB received comments column lines A and E–11 by a fire and presents no undue risk to public health and safety. In addition, the staff from 10 different respondents. These barrier having a minimum 1-hour fire comments were very technical in nature resistive rating; (2) separation of cables concludes that the underlying purpose of the rule is achieved. and did not result in any substantive and equipment and associated circuits changes to the Supplement. The 1999 of redundant post-fire safe-shutdown IV Supplement has been updated to add 35 trains within the turbine building fire additional programs, updated for zones 79 (partial), 84 (partial), 88 Accordingly, the Commission has program changes, makes technical (partial), and 89 (partial) between determined that, pursuant to 10 CFR corrections, and makes changes column lines E–1 and Jc by a fire barrier 50.12(a), the exemption is authorized by reflected in the public comment letters. having a minimum 25-minute fire law, will not present an undue risk to A list of changes to the 1999 resistive rating; and (3) separation of public health and safety, and is Supplement can be found at Appendix cables and equipment and associated consistent with the common defense 5 of the supplement. Due to its length, circuits of redundant post-fire safe- and security. In addition, the the 1999 Supplement is not included in shutdown trains within the turbine Commission has determined that special this Notice. See ADDRESSES building above the turbine operating circumstances are present in that for deck, fire zone 117, by a fire barrier application of the regulation is not information about how to obtain a copy. having a minimum 25-minute fire necessary to achieve the underlying OMB intends to annually review, revise resistive rating. This request is based on purpose of the rule. Therefore, the and/or update this supplement. This notice also offers interested the following: (1) for the turbine Commission hereby grants Florida parties an opportunity to comment on building between column lines A and Power and Light Company an the 1999 Supplement. E–1, automatic fixed water suppression exemption from the requirements of Section III.G.2.a of Appendix R to 10 DATES: The 1999 Supplement will apply 1 What is referred to as column line E–1 is CFR Part 50, as requested in its to audits of fiscal years beginning after actually a boundary plane formed by walls below previously-referenced submittals, for June 30, 1998 and supersedes the 1998 grade. This boundary plane is defined by FPL’s fire zones 79 (partial), 80 (partial), 82, Supplement. All comments on the 1999 submittal dated July 2, 1998, Figures 4 and 5, and Supplement should be in writing and discussed on pages 3 and 4 of the attachment to the 84 (partial), 85 (partial), 88 (partial), 89 July 2, 1998, transmittal letter. In the submittal, (partial), 91, 92, 105, and 117. must be received by October 31, 1999. column line E–1 is defined by those post-fire safe Pursuant to 10 CFR 51.32, the Late comments will be considered to the shutdown circuits located above the condensate Commission has determined that extent practicable. pump pit, up to the underside of the 42′ elevation operating deck. This protection results in 1-hour granting this exemption for fire zones 79 ADDRESSES: Copies of the 1999 rated fire barriers until a distance of over 20′ is (partial), 80 (partial), 82, 84 (partial), 85 Supplement may be purchased at any obtained from the postulated pool fire at the 18′ (partial), 88 (partial), 89 (partial), 91, 92, Government Printing Office (GPO) ′ ′′ elevation and a distance of approximately 9 -6 105, and 117, will not have a significant bookstore (stock no. 041–001–00522–6). from the edge of the checker plate flooring above the condensate pump pit. For those areas where the effect on the quality of the human The main GPO bookstore is located at condensate pump pit extends to the east, the 1-hour environment (63 FR 65619). 710 North Capitol Street, NW, fire barriers will follow the outline of the pit, This exemption is effective upon Washington, DC 20401, (202) 512–0132. augmenting the distance referenced above. The issuance. remainder of the post-fire shutdown circuits A copy may also be obtained under the between column lines E and J will be protected by Dated at Rockville, Maryland, this 5th day Grants Management heading from the 25-minute rated fire barriers. of May 1999. OMB home page on the Internet which

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.091 pfrm04 PsN: 17MYN1 26794 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices is located at http:// should submit their views in writing by privatization efforts of the Department www.whitehouse.gov/OMB. June 2, 1999, to the Secretary, Securities of Defense ‘‘(DOD’’).1 Comments on the 1999 Supplement and Exchange Commission, NCO&M requests authorization to should be mailed to the Office of Washington, D.C. 20549–0609, and invest up to $150 million in Military Management and Budget, Office of serve a copy on the relevant applicant(s) Base Assets in one or more transactions Federal Financial Management, and/or declarant(s) at the address(es) from time to time through December 31, Financial Standards, Reporting and specified below. Proof of service (by 2003. NCE and, to the extent not exempt Management Integrity Branch, Room affidavit or, in case of an attorney at by rules 52 and/or 45(b), as applicable, 6025, New Executive Office Building, law, by certificate) should be filed with Enterprises and NCO&M, will issue debt Washington, DC 20503. Where possible, the request. Any request for hearing and equity securities and guarantees for comments should reference the should identify specifically the issues of the purpose of financing the acquisition applicable page numbers. When facts or law that are disputed. A person and operation of any Military Base comments of five pages or less are sent who so requests will be notified of any Assets in accordance with the order of in by facsimile (fax), they should be hearing, if offered, and will receive a the Commission dated April 7, 1999.2 faxed to (202) 395–4915. Electronic mail copy of any notice or order issued in the Generally, NCO&M would acquire comments may be submitted to matter. After June 2, 1999, the Military Base Assets for cash or under [email protected]. Please include application(s) and/or declaration(s), as the terms of a long-term services the full body of the electronic mail filed or as amended, may be granted agreement with DOD (or a military comments in the text of the message and and/or permitted to become effective. department of DOD). Under the services not as an attachment. Please include the agreements, NCO&M may agree to credit name, title, organization, postal address, New Century Energies, Inc. (70–9493) some or all of the stated purchase price for any Military Base Assets against phone number, and E-mail address in New Century Energies, Inc. (‘‘NCE’’), future payments for essential services the text of the message. a registered holding company, and its provided by NCO&M. FOR FURTHER INFORMATION CONTACT: wholly owned nonutility subsidiary, NC Initially, NCO&M proposes to bid on Recipients should contact their Enterprises, Inc. (‘‘Enterprises’’), 1225 and, if successful, acquire the particular cognizant or oversight agency for audit, 17th Street, Denver, Colorado 80202– Military Base Assets described below. or Federal awarding agency, as may be 5533, have filed an application under The applicants request the Commission appropriate in the circumstances. sections 9(a)(1) and 10 of the Act and to reserve jurisdiction over the Subrecipients should contact their pass rule 54 under the Act. through entity. Federal agencies should acquisition of any additional Military New Century Energies has three Base Assets by NCO&M pending contact Terrill W. Ramsey, Office of public-utility subsidiaries, Public Management and Budget, Office of completion of the record in this Service Company of Colorado (‘‘PSC’’), 3 Federal Financial Management, proceeding. Southwestern Public Service Company Specifically, NCO&M proposes to Financial Standards, Reporting and and Cheyenne Light, Fuel and Power submit a bid in response to a request for Management Integrity Branch, Company. Together, these subsidiaries proposals by the U.s. department of the telephone (202) 395–3993. serve approximately 1.6 million electric Army to acquire the elctrical and Jacob J. Lew, customers in parts of Colorado, Texas, natural gas distribution facilities that are Director. New Mexico, Wyoming, Oklahoma and located at Fort Carson Post (‘‘Fort [FR Doc. 99–12351 Filed 5–14–99; 8:45 am] Kansas and approximately one million Carson’’), near Colorado Springs, BILLING CODE 3110±01±P gas customers in parts of Colorado and Colorado (Fort Carson Military Base Wyoming. Assets). 4 Fort Carson covers an area of NCE also engages through subsidiaries more than 137,000 acres and includes SECURITIES AND EXCHANGE in various nonutility businesses. approximately 1,860 buildings. The COMMISSION Enterprises serves as the intermediate total daytime population of the base [Release No. 35±27018] holding company for most of NCE’s (active military personnel, their nonutility interests. dependents and civilian workers) is Filings Under the Public Utility Holding Enterprises, through a new wholly estimated at 25,000. The electrical company Act of 1935, as amended owned subsidiary to be named New (``Act'') 1 DOD has undertaken its current efforts in Century O&M Services, Inc. response to legislation, 10 U.S.C.A. § 2688 (1998), May 10, 1999. (‘‘NCO&M’’), or one or more additional granting the Secretary of a military department Notice is hereby given that the subsidiaries of either Enterprises or authority to sell electric, gas, water and other NCO&M, requests authorization to bid military base distribution systems to private parties, following filing(s) has/have been made with a view to achieving cost reductions in with the Commission pursuant to on and acquire facilities, systems and essential services on military bases and a significant provisions of the Act and rules related equipment, tools and inventories improvement and upgrading of the systems by promulgated under the Act. All owned by the Federal government on qualified parties. military enclaves which are used 2 New Century Energies, Inc., Holding Co. Act interested persons are referred to the Release No. 27000. The order authorizes NCE to application(s) and/or declaration(s) for exclusively in connection with the issue common stock, short-term and long-term debt complete statements of the proposed delivery and distribution of electricity, and guarantees in specified amounts and, to the transaction(s) summarized below. The natural gas, water (including potable extent not exempt, to engage in intra-system application(s) and/or declaration(s) and water and hot and chilled water), steam financing, from time to time through December 31, and other energy products; and to 2001. any amendments is/are available for 3 The applicants undertake to file a post-effective public inspection through the collect, treat, process and dispose of amendment in this proceeding describing other Commission’s Branch of public solid and liquid wastes (collectively, Military Base Assets that NCO&M may seek to Reference. ‘‘Military Base Assets’’). NCO&M acquire in the future. proposes to bid on assets when offered 4 The Department of the Army also invited Interested persons wishing to proposals or the purchase of the water system at comment or request a hearing on the for sale by the federal government in Fort Carson. NCO&M’s bid does not cover the water application(s) and/or declaration(s) accordance with military base system.

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The natural gas distribution accounting procedures designed to Submitted Information Under the system serves aprpoximately 1,300 identify promptly all direct and indirect Exemption Relating to Certain Foreign buildings throughout the base and costs, including overheads, which are Securities consists of approximately 306,214 feet applicable to the work being performed of pipe ranging from 3⁄4′′ to 10′′ by or with PSC personnel, material or May 10, 1999. diameter, and includes associated other assets. The application states that Foreign private issuers with total metering and pressure reduction all transactions between NCO&M and assets in excess of $10,000,000 and a facilities. PSC will be performed at cost in class of equity securities held of record If its bid is successful, NCO&M will compliance with section 13 of the Act by 500 or more persons, of which 300 enter into a services agreement with the and rules 90 and 91. Finally, NCO&M or more reside in the United States, are federal government having a minimum will indemnify and hold PSC harmless subject to registration under Section term of ten years, under which NCO&M against all claims or liabilities that may 12(g) of the Securities Exchange Act of would provide natural gas and electric be incurred in connection with 1934 1 (the ‘‘Act’’).2 distribution services at Fort Carson. A providing any services to NCO&M. Rule 12g3–2(b) 3 provides an part of the agreement, NCO&M would For the Commission by the Division of exemption from registration under agree to provide all necessary labor, Section 12(g) of the Act with respect to materials, tools and equipment Investment Management, under delegated authority. a foreign private issuer that submits to necessary to operate, maintain, repair, the Commission, on a current basis, the Margaret H. McFarland, upgrade and improve the distribution material required by the Rule. The systems. The agreement contemplates Deputy Secretary. informational requirements are designed that NCO&M would be obligated to [FR Doc. 99–12354 Filed 5–14–99; 8:45 am] to give investors access to certain conduct a complete physical inspection BILLING CODE 8010±01±M information so they have the and survey of the systems within the opportunity to inform themselves about first six months of the term of the the issuer. The Rule requires the issuer contract, with a view to identifying SECURITIES AND EXCHANGE to provide the Commission with those components that require repair, COMMISSION information that it has: (1) made or is replacement or upgrade in order to required to make public pursuant to the ensure safety and quality service. Sunshine Act Meeting law of the country of its domicile or in Subsequently, inspections and surveys which it is incorporated or organized; would be conducted annually during FEDERAL REGISTER CITATION OF PREVIOUS (2) filed or is required to file with a the term of the agreement. ANNOUNCEMENT: [To Be Published]. NCO&M would not be able to sell the stock exchange on which its securities STATUS: Closed Meeting. distribution systems without first are traded and that was made public by such exchange; and/or (3) distributed or offering the federal government the PLACE: 450 Fifth Street, NW, option to repurchase them. NCO&M Washington, DC. is required to distribute to its securities may not use the Fort Carson Military holders. Base Assets to serve customers outside DATE PREVIOUSLY ANNOUNCED: On October 6, 1983, the Commission revised Rule 12g3–2(b) by terminating Fort Carson without the permission of CHANGE IN THE MEETING: Additional Item. the federal government. NCO&M the availability of the exemptive rule for The following item will be added to represents that it will not offer electric certain foreign issuers with securities the closed meeting scheduled for or gas service to customers outside Fort quoted on an automated inter-dealer Thursday, May 13, 1999, at 11:00 a.m.: Carson without first obtaining a further quotation system—including the Nasdaq order of the Commission in this Settlement of administrative stock market.4 The Commission proceeding. proceedings of an enforcement nature. grandfathered indefinitely securities of NCO&M will hire and maintain a Commissioner Hunt, as duty officer, non-Canadian issuers that were in permanent on-site staff at Fort Carson of determined that Commission business compliance with the Rule as of October approximately nine individuals and will 6, 1983 and quoted on Nasdaq on that required the above change and that no 5 utilize subcontractors as needed, earlier notice thereof was possible. date. including PSC. NCO&M will also purchase administrative and At times, changes in Commission 1 15 U.S.C. 78a et seq. 2 management services from New Century priorities require alterations in the Foreign issuers may also be subject to such requirements of the Act by reason of having Services, Inc., the service company scheduling of meeting items. For further information and to ascertain what, if securities registered and listed on a national subsidary of NCE, under the system securities exchange in the United States, and may Services Agreement. any, matters have been added, deleted be subject to the reporting requirements of the Act NCO&M intends to enter into a or postponed, please contact: by reason of having registered securities under the The Office of the Secretary at (202) Securities Act of 1933, 15 U.S.C. 77a et seq. support services agreement with PSC, 3 17 CFR 240.12g3–2(b) under which the utility may provide 942–7070. 4 Exchange Act Release No. 20264 (Oct. 6, 1983). personnel and other resources, from Dated: May 13, 1999. 5 If, however, the securities are delisted from an time to time, to assist in such activities automated inter-dealer quotation system or if the as the physical inspections and surveys Margaret H. McFarland, issuer fails to meet the requirements of the Rule, the Deputy Secretary. grandfather provision will cease to apply. In of the Fort Carson distribution systems addition, effective April 1, 1998, the securities of and maintenance, repair and [FR Doc. 99–12405 Filed 5–12–99; 4:10 pm] foreign private issuers that claim the Rule 12g3–2(b) improvement. NCO&M will utilize a BILLING CODE 8010±01±M Continued

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When the Commission adopted Rule brokers, dealers, and investors the fact Securities and Exchange Commission, 12g3–2(b) and other rules 6 relating to that current information concerning Washington, D.C. 20549, Mail-Stop 3–2 foreign securities, it indicated that from foreign issuers may not necessarily be ((202) 942–2990). This release is time to time it would publish lists available in the United States.9 The available on the Commission’s Web site: showing those foreign issuers that have Commission continues to expect that www.sec.gov. Requests for copies may claimed exemptions from the brokers and dealers will consider this also be directed to the Public Reference registration provisions of Section 12(g) fact in connection with their obligations Room, Securities and Exchange of the Act.7 The purpose of this release under the federal securities laws to have Commission, Washington, D.C. 20549 is to call to the attention of brokers, a reasonable basis for recommending ((202) 942–8090). dealers and investors, that some form of those securities to their customers.10 relatively current information Direct any questions regarding Rule For the Commission, by the Division of concerning the issuers included in this 12g3–2 or the list of issuers in this Corporation Finance, pursuant to delegated list is available in the Commission’s release to Elliot Staffin, Office of authority. public files.8 the Commission also International Corporate Finance, Margaret H. McFarland, wishes to bring to the attention of Division of Corporation Finance, Deputy Secretary.

Issuer name Country File No.

A&B Geoscience Corp...... Canada ...... 82±4254 ABB AB ...... Sweden ...... 82±736 ABB AG ...... Switzerland ...... 82±2871 ACOM Co. Ltd ...... Japan ...... 82±4121 AEM SpA ...... Italy ...... 82±4911 AERO Vodochody A S ...... Czechoslovakia ...... 82±4902 AGA AB ...... Sweden ...... 82±800 AGC Americas Gold Corp ...... Canada ...... 82±2622 AIFUL Corp ...... Japan ...... 82±4802 AME Resource Capital Corp ...... Canada ...... 82±3435 AMRAD Corp Ltd ...... Australia ...... 82±4867 AO Kazanorgsintez ...... Russia ...... 82±4744 AO Novgorodtelecom ...... Russia ...... 82±4840 AO Siberian Oil Company ...... Russia ...... 82±4882 APAC Telecommunications Corp ...... Canada ...... 82±4157 ATOS ...... France ...... 82±4323 AUR Resources Inc ...... Canada ...... 82±4624 AVL Information Systems Inc ...... Canada ...... 82±4010 Abitibi Mining Corp ...... Canada ...... 82±4321 Accor S.A ...... France ...... 82±4672 Adamas Resources Corp ...... Canada ...... 82±4355 Agau Resources Inc ...... Canada ...... 82±4769 Agora SA ...... Poland ...... 82±4941 Agritek Bio Ingredients Corp ...... Canada ...... 82±4869 Albert Fisher Group PLC ...... United Kingdom ...... 82±1020 Aldeasa S.A ...... Spain ...... 82±4774 Allied Domecq plc ...... United Kingdom ...... 82±878 Allied Zurich PLC ...... United Kingdom ...... 82±4874 Alpargatas, S.A.I.C ...... Argentina ...... 82±3122 Alpha Airports Group PLC ...... United Kingdom ...... 82±3694 Alpha Sensors ...... Australia ...... 82±4819 Alpha Ventures Inc ...... Canada ...... 82±4877 Altai Resources, Inc ...... Canada ...... 82±2950 Altair International Gold Inc ...... Canada ...... 82±1770 AmSteel Corp Berhad ...... Malaysia ...... 82±3318 Amalgamated Banks of S.A. Ltd...... South Africa ...... 82±4569 Amera Industries Corp ...... Canada ...... 82±3263 American Comstock Exploration Ltd ...... Canada ...... 82±3283 American Manor Corp ...... Canada ...... 82±4158 Amoy Properties Ltd ...... Hong Kong ...... 82±3410 Anderson Exploration Ltd ...... Canada ...... 82±4169 Andhra Valley Power Supply Co ...... India ...... 82±3732 Angkasa Marketing Berhad ...... Malaysia ...... 82±3319 Anglo American Corp of S. Africa ...... South Africa ...... 82±97 Anglos Irish Bank Corp PLC ...... Ireland ...... 82±3791 Antares Mining and Exploration Inc ...... Canada ...... 82±3858 Anthian Resource Corp ...... Canada ...... 82±4096 Apasco, S.A. de C.V ...... Mexico ...... 82±3103 are no longer able to be quoted on the OTC bulletin issuer has complied or is complying with all the to review, maintain in its files, and make reasonably Board Service. See Exchange Act Release No. 39456 conditions of Rule 12g3–2(b). The list does identify available upon request, the information furnished to (March 31, 1997). those issuers that have both claimed the exemption the Commission pursuant to Rule 12g3–2(b) since 6 Exchange Act Release No. 8066 (Apr. 28, 1967). and have submitted relatively current information the beginning of the issuer’s last fiscal year. 7 Exchange Act Release No. 39681 (Feb. 19, 1998) to the Commission as of March 31, 1999. 10 See, e.g., Hanley v. SEC, 415 f.2d 589 (2d Cir. was the last such list. 9 Paragraph (a)(4) of Rule 15c2–11 [17 CFR 1969) (broker-dealer cannot recommend a security 8 Inclusion of an issuer on the list in this release 240.15c2–11] requires a broker-dealer initiating a unless an adequate and reasonable basis exists for is not an affirmation by the Commission that the quotation for securities of a foreign private issuer such recommendation).

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Issuer name Country File No.

Applied Gaming Solutions of Canada ...... Canada ...... 82±4832 Applied High Technology AHT ...... Canada ...... 82±4562 Applied Terravision Systems ...... Canada ...... 82±4763 Aqua Pure Ventures Inc ...... Canada ...... 82±4623 Archon Minerals Ltd ...... Canada ...... 82±4171 Arcon International Resources ...... Ireland ...... 82±4803 Arcoplate Holdings ...... United Kingdom ...... 82±4898 Argenta Systems, Inc ...... Canada ...... 82±1320 Arisawa Manufacturing Co ...... Japan ...... 82±4620 Arisco Produtos Alimenticos ...... Brazil ...... 82±4651 Arizona Star Resource Corp ...... Canada ...... 82±1491 Arjo Wiggins Appleton ...... United Kingdom ...... 82±4185 Arvind Mills Ltd. (The) ...... India ...... 82±3708 Asia Fiber plc ...... Thailand ...... 82±2842 Assurances Generales de France ...... France ...... 82±4517 Astra Compania de Argentina Petroleo S.A ...... Argentina ...... 82±3930 Athabaska Gold Res. Ltd ...... Canada ...... 82±1906 Auckland International Airport Ltd ...... New Zealand ...... 82±4866 Augen Capital Corp ...... Canada ...... 82±4712 Auridiam Consolidated N.L ...... Australia ...... 82±3452 Australian Gas Light ...... Australia ...... 82±4797 Australian National Industries Ltd ...... Australia ...... 82±3351 Australian Oil & Gas Corp ...... Canada ...... 82±4576 Autoliv AB ...... Sweden ...... 82±3810 Autonomy Corp PLC ...... United Kingdom ...... 82±4851 Autopistas del Sol S.A ...... Argentina ...... 82±4875 Autumn Industries Inc ...... Canada ...... 82±3219 Avalon Ventures Ltd ...... Canada ...... 82±4427 Avonmore Waterford Group PLC ...... Ireland ...... 82±4734 BAA PLC ...... United Kingdom ...... 82±3372 B.A.T. Industries ...... United Kingdom ...... 82±33 B.Y.G. Natural Resources Inc ...... Canada ...... 82±2038 BC Gas Inc ...... Canada ...... 82±3909 BCB Holdings Inc ...... Canada ...... 82±4871 BCS Technology Inc...... Canada ...... 82±4558 BHF Bank ...... Germany ...... 82±3404 BT Industries AB ...... Sweden ...... 82±4212 BTR PLC ...... United Kingdom ...... 82±898 BWI Resources Ltd ...... Canada ...... 82±2914 Banca Carige SPA ...... Italy ...... 82±4758 Banca Poplare de Brescia ...... Italy ...... 82±4662 Banca Popolare de Milano ...... Italy ...... 82±4879 Banca Popolare di Lodi ...... Italy ...... 82±4855 Banco Bansud SA ...... Argentina ...... 82±3830 Banco La Previsora S.A...... Equador ...... 82±4133 Banco Mercantil S.A...... Bolivia ...... 82±4296 Banco Nacional de Bolivia ...... Bolivia ...... 82±4301 Banco Santander Mexicano ...... Mexico ...... 82±3508 Bandai Co ...... Japan ...... 82±3919 Bangkok Bank Public Co. Ltd ...... Thailand ...... 82±4835 Bank Handlowy w Warszawie ...... Poland ...... 82±4613 Bank Vozrozhdeniye ...... Russia ...... 82±4257 Bank of East Asia Ltd ...... Hong Kong ...... 82±3443 Bank of Nova Scotia ...... Canada ...... 82±132 Bank of Scotland ...... United Kingdom ...... 82±3240 BankInter, S.A ...... Spain ...... 82±2972 Bargold Resources Ltd ...... Canada ...... 82±4833 Barry Callebaut AG ...... Switzerland ...... 82±4825 Bayerische Hypotheken-und Wechsel-Bank ...... Germany ...... 82±3777 Bellevue Capital Corp ...... Canada ...... 82±4687 Bespak plc ...... United Kingdom ...... 82±3349 Beststar International Group ...... Canada ...... 82±4736 Beta Systems Software A.G ...... Germany ...... 82±4631 Bice Ventures Corp ...... Canada ...... 82±4827 Bigsky Resources Corp ...... Canada ...... 82±4826 Billiton Plc ...... United Kingdom ...... 82±4647 Blue Circle Industries PLC ...... United Kingdom ...... 82±927 Blue Power Energy Corp ...... Canada ...... 82±2213 Blue Range Resource Corp ...... Canada ...... 82±3302 Bohler Uddenholm AG ...... Austria ...... 82±4089 Boliden Limited ...... Canada ...... 82±4707 Bombardier Inc ...... Canada ...... 82±3123 Borealis Exploration Ltd ...... Canada ...... 82±1656 Borneo Gold Corp ...... Canada ...... 82±4702

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Issuer name Country File No.

Bowthorpe PLC ...... United Kingdom ...... 82±4934 Braddick Resources Ltd ...... Canada ...... 82±4414 Breckenridge Resources Ltd ...... Canada ...... 82±1647 Bren Mar Resources Ltd ...... Canada ...... 82±2143 Bridgestone Corp ...... Japan ...... 82±1264 British Aerospace Public ...... United Kingdom ...... 82±3138 British Energy ...... United Kingdom ...... 82±4426 Burmah Castrol PLC ...... United Kingdom ...... 82±5 Burns Philip & Company Ltd ...... Australia ...... 82±1565 Bus Berzelius Umwelt Service AG ...... Germany ...... 82±4838 C.A. La Elecricidad de Caracas S.A ...... Venezuela ...... 82±4896 C.A. Venezolana de Pulpa y Papel SACA ...... Venezuela ...... 82±3202 CAPEX S.A ...... Argentina ...... 82±3862 CSK Corp ...... Japan ...... 82±781 CTM Citrus S.A ...... Brazil ...... 82±3555 CVL Resources Ltd ...... Canada ...... 82±1991 Cambridge Minerals Ltd ...... Canada ...... 82±4669 Camelot Resources Ltd ...... Australia ...... 82±4550 CanBaikal Resources Inc ...... Canada ...... 82±4694 Canadian Airlines Corp ...... Canada ...... 82±3203 Canadian Hydro Developers ...... Canada ...... 82±3347 Canadian Oil Sands Trust ...... Canada ...... 82±4726 Canadian Western Bank ...... Canada ...... 82±4478 Caradon Plc ...... United Kingdom ...... 82±4542 Caribgold Resources Inc ...... Canada ...... 82±4104 Carribean Cement Co. Ltd ...... Jamaica ...... 82±3715 Carta Resources Ltd ...... Canada ...... 82±4553 Cascade Metals Inc ...... Canada ...... 82±4794 Castello Casino Corp ...... Canada ...... 82±1918 Castellum A.B ...... Sweden ...... 82±4683 Cathay Pacific Airlines Ltd ...... Hong Kong ...... 82±1390 Cathedral Gold Corp ...... Canada ...... 82±1990 Celanese Canada Inc ...... Canada ...... 82±171 Cementos Lima S.A ...... Peru ...... 82±3911 Cemex SA de CV ...... Mexico ...... 82±2744 Centrais Geradoras do Sul do Brasil ...... Brazil ...... 82±4760 Central Costanera S.A...... Argentina ...... 82±3868 Central Pacific Minerals N.L...... Australia ...... 82±354 Centrica PLC ...... United Kingdom ...... 82±4518 Cerveceria Nacional S.A ...... Panama ...... 82±4704 Ceska Sporitelna A.S ...... United Kingdom ...... 82±4384 Ceske Radiokomunikace AS ...... Czechoslovakia ...... 82±4848 Ceval Alimentos S.A ...... Brazil ...... 82±3855 Challenger Minerals Ltd ...... Canada ...... 82±3666 Champion Gold Resources ...... Canada ...... 82±4485 Champion Resources Inc ...... Canada ...... 82±4286 Chen Hsong Holding Ltd ...... Bermuda ...... 82±3953 Chengdu Telecommunications ...... China ...... 82±4573 Chesbar Resources Inc ...... Canada ...... 82±4756 Cheung Kong (Holdings) Ltd ...... Hong Kong ...... 82±4138 Cheung Kong Infrastructure ...... Bermuda ...... 82±4830 China Pharmaceutical Enter. and Inv. Co ...... Hong Kong ...... 82±4135 China Resources Enterprise Ltd ...... Hong Kong ...... 82±4177 China Steel Corporation ...... China ...... 82±3296 China Strategic Holdings Ltd ...... Hong Kong ...... 82±3596 Chinese Estates Holding ...... Hong Kong ...... 82±3954 Cho Hung Bank ...... Korea ...... 82±4506 Christiana Bank OG Kredithasso ...... Norway ...... 82±3018 Christies International PLC ...... United Kingdom ...... 82±1180 Ciba Specialty Chemicals ...... Switzerland ...... 82±4541 Cifra S.A. de C.V...... Mexico ...... 82±4609 Circle Energy Inc ...... Canada ...... 82±4586 Circumpacific Energy Corp...... Canada ...... 82±3102 Claude Resources Inc ...... Canada ...... 82±1742 Coats Viyella PLC ...... United Kingdom ...... 82±1751 Coca-Cola Amatil Ltd ...... Australia ...... 82±2994 Coca-Cola Beverages PLC ...... United Kingdom ...... 82±4945 Colony Pacific Explorations Ltd ...... Canada ...... 82±1115 Columbia Yukon Resources Ltd ...... Canada ...... 82±4290 Commonwealth Energy Corp ...... Canada ...... 82±4805 Compagnie Des Machines Bull ...... France ...... 82±4847 Companhia Acos Especiais Itabira Acesita ...... Brazil ...... 82±3769 Companhia Energetica de Sao Paulo ...... Brazil ...... 82±3691 Companhia Siderurgica Belgo Mineira ...... Brazil ...... 82±3771

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Issuer name Country File No.

Companhia Siderurgica de Tubarao ...... Brazil ...... 82±3842 Companhia Suzano De Papel E Celulose ...... Brazil ...... 82±3550 Compania de Transporte de Energia ...... Argentina ...... 82±4878 Companion Building Material (Holding) ...... Hong Kong ...... 82±3982 Computacenter PLC ...... United Kingdom ...... 82±4863 Concept Industries Inc ...... Canada ...... 82±4003 Concert Industries Ltd ...... Canada ...... 82±1003 Consolidated Pine Channel Gold Corp ...... Canada ...... 82±2583 Consolidated Van City Marble Ltd ...... Canada ...... 82±3052 Consolidated Westview Mining ...... Canada ...... 82±2601 Continental AG ...... Germany ...... 82±1357 Continental Precious Minerals Inc ...... Canada ...... 82±3358 Cora Resources Ltd ...... Canada ...... 82±4571 Corner Bay Minerals ...... Canada ...... 82±4698 Corporacion EDC ...... Venezuela ...... 82±4914 Corporacion Financiera Reunida ...... Spain ...... 82±4780 Corporacion Financiera del Valle S.A...... Columbia ...... 82±3437 Corriente Resources Inc ...... Canada ...... 82±3775 Credit Communai Holding Dexia Belgium ...... Belgium ...... 82±4606 Credit Lyonnais ...... France ...... 82±3662 Credit Suisse First Boston ...... Switzerland ...... 82±4705 Credit Suisse Group ...... Switzerland ...... 82±3477 Crestar Energy Inc ...... Canada ...... 82±3641 Cross Lake Minerals Ltd ...... Canada ...... 82±2636 Crown Limited ...... Australia ...... 82±4498 Cultor Ltd ...... Finland ...... 82±1643 Curion Venture Corp ...... Canada ...... 82±3602 Curlew Lake Resources Inc ...... Canada ...... 82±1978 D Link Corp ...... China ...... 82±4849 DBS Land Ltd ...... Singapore ...... 82±4507 DSM N.V...... Netherlands ...... 82±3120 Dah Sing Financial Holdings Ltd ...... Hong Kong ...... 82±4272 Dai′ei Inc ...... Japan ...... 82±230 Dairy Farm International Holdings Ltd ...... Hong Kong ...... 82±2962 Daiwa Associate Holding Limited ...... Bermuda ...... 82±4402 Datacapital SA ...... Mexico ...... 82±4899 David Jones Limited ...... Australia ...... 82±4230 De Beers Centenary AG ...... Switzerland ...... 82±3069 De Beers Consolidated Mines, Ltd ...... South Africa ...... 82±91 Debenhams Plc ...... United Kingdom ...... 82±4747 Debonair Holdings Plc ...... United Kingdom ...... 82±4634 Delpet Resources Ltd ...... Canada ...... 82±1535 Delphi Group Public Ltd Co ...... United Kingdom ...... 82±4424 Delta Electronics Public Co ...... Thailand ...... 82±4770 Den Danske Bank af 1871 AG ...... Denmark ...... 82±1263 Den Norske Bank AS ...... Norway ...... 82±3967 Deutsche Bank AG ...... Germany ...... 82±334 Deutsche Lufthansa AG ...... Germany ...... 82±4691 Deutsche Pfandbrief ...... Germany ...... 82±4822 Development Bank of Singapore ...... Singapore ...... 82±3172 Devine Entertainment Corp...... Canada ...... 82±4118 Dis Deutscher Industrie ...... Germany ...... 82±4716 Ditek Software Corp ...... Canada ...... 82±4782 Dixons Group PLC ...... United Kingdom ...... 82±3331 Dofasco Ltd ...... Canada ...... 82±3226 Dorel Industries Inc ...... Canada ...... 82±2800 Dresdner Bank AG ...... Germany ...... 82±229 Driefontein Consolidated Ltd ...... South Africa ...... 82±124 Drott AB ...... Sweden ...... 82±4779 E.D. & F. Man Group PLC ...... United Kingdom ...... 82±4214 EI Environmental Engineering Concepts ...... Canada ...... 82±1598 EMI Group PLC ...... United Kingdom ...... 82±373 EMR Microwave Technology ...... Canada ...... 82±4143 ERG S.P.A ...... Italy ...... 82±4745 East Daggafontein Mines Ltd ...... South Africa ...... 82±42 East India Hotels Ltd ...... India ...... 82±3921 East Rand Gold & Uranium Co ...... South Africa ...... 82±289 East Rand Proprietary Mines Ltd ...... United Kingdom ...... 82±239 Eastman Resources Inc ...... Canada ...... 82±4421 Eisai Co. Ltd ...... Japan ...... 82±4015 Elandstrand Gold Mining Co ...... South Africa ...... 82±266 El Callao Mining Corp ...... Canada ...... 82±4308 Elcoteq Network Corp ...... Finland ...... 82±4795 Elektrim S.A ...... Poland ...... 82±4665

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Issuer name Country File No.

Elektro-Eletricdade ...... Brazil ...... 82±4886 Elevadores Atlas S.A ...... Brazil ...... 82±4409 Elite Industries Ltd ...... Israel ...... 82±2958 Email Limited ...... Australia ...... 82±2951 Emgold Mining Corp ...... Canada ...... 82±3003 Empire Alliance Properties Inc ...... Canada ...... 82±2215 Energy Africa Limited ...... South Africa ...... 82±4306 Engil Sociedade Gestora de Participacoes ...... Portugal ...... 82±4246 Enviro Ex Inc ...... Canada ...... 82±4857 Essex Resource Corp ...... Canada ...... 82±4410 Evergreen International Technology ...... Canada ...... 82±4525 Evergreen Marine Corp. Ltd. Taiwan ...... China ...... 82±4420 Exbud SA ...... Poland ...... 82±4815 Eybl International AG ...... Austria ...... 82±4820 F.H. Faulding & Company Ltd ...... Australia ...... 82±2882 F.V.I. Fondo de Valores ...... Venezuela ...... 82±4695 Falcon Point Resources Ltd ...... Canada ...... 82±1713 Fancamp Resources Ltd ...... Canada ...... 82±3929 Far-Ben S.A de C.V ...... Mexico ...... 82±3600 Fastighets AB Balder ...... Sweden ...... 82±4800 Fedsure Holdings Ltd ...... South Africa ...... 82±3839 Fenway Resources Ltd ...... Canada ...... 82±2303 Finance One Public Co. Ltd ...... Thailand ...... 82±3536 Findore Minerals Inc ...... Canada ...... 82±4163 First Australian Resources N.L ...... Australia ...... 82±3494 First Gold Resources Corp ...... Canada ...... 82±4778 First Pacific Co. Ltd ...... Hong Kong ...... 82±836 First Quantum Minerals ...... Canada ...... 82±4461 First Silver Reserve Inc ...... Canada ...... 82±3449 First Tractor Company Ltd ...... China ...... 82±4772 Forbes Medi Tech, Inc ...... Canada ...... 82±3139 Forbio Limited ...... Australia ...... 82±4821 Fortis Amev ...... Belgium ...... 82±3118 Foschini Ltd ...... South Africa ...... 82±4044 Free State Consolidated Gold Mines ...... South Africa ...... 82±44 Frutarom Industries 1995 Ltd ...... Israel ...... 82±4357 Fubon Insurance Co. Ltd ...... China ...... 82±4768 Fuji Bank Limited ...... Japan ...... 82±4492 Fuji Photo Film Co., Ltd ...... Japan ...... 82±78 Fujitsu Support and Service ...... Japan ...... 82±4885 Future Media Technologies Corp ...... Canada ...... 82±2406 G. Accion S.A. de C.V ...... Mexico ...... 82±4590 GHP Exploration Corp ...... Canada ...... 82±4600 GMD Resource Corp ...... Canada ...... 82±4071 Gallery Resources Ltd ...... Canada ...... 82±2877 Garban PLC ...... United Kingdom ...... 82±4904 Genbel South Africa ...... South Africa ...... 82±235 Gencor Ltd ...... South Africa ...... 82±311 Geo 2 Limited ...... Australia ...... 82±4499 Gerdav S.A ...... Brazil ...... 82±4663 Gerle Gold Ltd ...... Canada ...... 82±1209 Giordano Holdings Ltd ...... Hong Kong ...... 82±3780 Gitenne Exploration Inc ...... Canada ...... 82±4170 Glencar Explorations PLC ...... Ireland ...... 82±1421 Globex Mining Enterprises Inc ...... Canada ...... 82±4025 Glorius Sun Enterprises Ltd ...... Bermuda ...... 82±4581 Gold Fields Ltd ...... South Africa ...... 82±4742 Gold Fields of South Africa Ltd ...... South Africa ...... 82±204 Gold Peak Industries (Holdings) Ltd ...... Canada ...... 82±3604 Gold Ridge Resources Inc ...... Canada ...... 82±1903 Goldcliff Resources Corp ...... Canada ...... 82±2748 Golden Kootenay Resources Inc ...... Canada ...... 82±2546 Golden Peaks Resources ...... Canada ...... 82±3343 Golden Thunder Resources Ltd ...... Canada ...... 82±1052 Goldhill Industries Inc ...... Canada ...... 82±4162 Goldnev Resources ...... Canada ...... 82±1080 Goodman Fielder Ltd ...... Australia ...... 82±2009 Govett Strategic Investment Trust PLC ...... United Kingdom ...... 82±287 Grama Y Montero SAA ...... Peru ...... 82±4923 Gran Cadena de Almacenes Colombianos ...... Colombia ...... 82±3974 Grand Hotel Holdings Ltd ...... Hong Kong ...... 82±3408 Grand Vision S.A ...... France ...... 82±4710 Granges A.B ...... Sweden ...... 82±4589 Grasim Industries Ltd ...... India ...... 82±3332

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Issuer name Country File No.

Great Eagle Holdings Ltd ...... Bermuda ...... 82±3940 Green River Petroleum ...... Canada ...... 82±4858 Greencore Group ...... Ireland ...... 82±4908 Gresham Resources Inc ...... Canada ...... 82±3625 Gretag Imaging Holding AG ...... Switzerland ...... 82±4841 Grupo Financiero Banamex Accival ...... Mexico ...... 82±3325 Grupo Financiero Bancomer S.A. de C.V...... Mexico ...... 82±3273 Grupo Financiero Invermexico S.A. de C.V...... Mexico ...... 82±3447 Grupo Gigante, S.A. de C.V...... Mexico ...... 82±3142 Grupo Melo S.A...... Panama ...... 82±4893 Grupo Mexico S.A. de C.V...... Mexico ...... 82±4582 Grupo Posadas S.A. de C.V...... Mexico ...... 82±3274 Guangzhou Investment Co. Ltd ...... Hong Kong ...... 82±4274 Guangzhou Shipyard Int'l ...... China ...... 82±4036 Guongdong Investment Ltd ...... Hong Kong ...... 82±3772 HB International Holdings Ltd ...... Bermuda ...... 82±3949 HSBC Holdings PLC ...... United Kingdom ...... 82±683 Hagemeyer N.V...... Netherlands ...... 82±4865 Hang Lung Development Co. Ltd ...... Hong Kong ...... 82±1439 Hang Seng Bank Ltd ...... Hong Kong ...... 82±1747 Hannover Ruckversicherunge ...... Germany ...... 82±4627 Hanny Holdings Ltd ...... Bermuda ...... 82±3638 Harbour Petroleum Company Ltd ...... Canada ...... 82±3427 Harmac Pacific Inc ...... Canada ...... 82±4122 Hartstone Group PLC ...... United Kingdom ...... 82±3022 Havas S.A ...... France ...... 82±2879 Henderson Investment Ltd ...... Hong Kong ...... 82±3964 Henderson Land Development Co. Ltd ...... Hong Kong ...... 82±1561 Henkel KGAA ...... Germany ...... 82±4437 Hera Resources Inc ...... Canada ...... 82±3656 Herald Resources Ltd ...... Australia ...... 82±4295 Highgrade Ventures Ltd ...... Canada ...... 82±2257 Highveld Steel & Vanadium Corp Ltd ...... South Africa ...... 82±596 Hilasal Mexicana S.A. de C.V ...... Mexico ...... 82±4743 Hillsdown Holdings PLC ...... United Kingdom ...... 82±1407 Hilton Petroleum Ltd ...... Canada ...... 82±4709 Hindalco Industries Ltd ...... India ...... 82±3428 Hino Motors Ltd ...... Japan ...... 82±1388 Hoganas AB ...... Sweden ...... 82±3754 Hokuriku Bank Ltd ...... Japan ...... 82±1045 Hong Kong & China Gas Co. Ltd ...... Hong Kong ...... 82±1543 Hopewell Holdings Ltd ...... Hong Kong ...... 82±1547 Hornbach-Baumarkt AG ...... Germany ...... 82±3729 Howard Smith Ltd ...... Australia ...... 82±4538 Hoyts Cinemas Ltd ...... Australia ...... 82±4809 Hualing Holdings Limited ...... Hong Kong ...... 82±4195 Hunter Douglas NV ...... Netherlands ...... 82±3741 Hyatt Financial Corp ...... Canada ...... 82±4656 Hymex Diamond Corp ...... Canada ...... 82±2090 Hypothekenbank in Essen AG ...... Germany ...... 82±4883 Hysan Development Co ...... Hong Kong ...... 82±1617 Hyundai Motor Company ...... Korea ...... 82±3423 I.T.C. Limited ...... India ...... 82±3470 ICI Australia Ltd ...... Australia ...... 82±4625 Image Processing Systems Inc ...... Canada ...... 82±4244 Imasco Ltd ...... United Kingdom ...... 82±118 Impala Platinum Holdings Ltd ...... South Africa ...... 82±359 Imperial Metals Corp ...... Canada ...... 82±1032 Inapa Investimentos Particpacoes e Gesta ...... Portugal ...... 82±4864 Inca Pacific Resources Inc ...... Canada ...... 82±1665 Indian Oil Corp Ltd ...... India ...... 82±4894 Industrial Bank of Japan ...... Japan ...... 82±4752 Insular Explorations Ltd ...... Canada ...... 82±1827 Insulpro Industries Inc ...... Canada ...... 82±3281 International Chargold Resources Ltd ...... Canada ...... 82±4385 International Damascus Resources ...... Canada ...... 82±521 International PBX Ventures Ltd ...... Canada ...... 82±2635 International Parkside Prod. Inc ...... Canada ...... 82±2794 International Pipe Ltd ...... Hong Kong ...... 82±3850 International Road Dynamics Inc ...... Canada ...... 82±3899 International Rochester Energy Corp ...... Canada ...... 82±2206 International Roraima Gold Corp ...... Canada ...... 82±3988 International Tower Hill Mines Ltd ...... Canada ...... 82±3248 Interpump Group S.p.A ...... Italy ...... 82±4511

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Issuer name Country File No.

Interstar Mining Group Inc ...... Canada ...... 82±3759 Iron Carbide Australia Ltd ...... Australia ...... 82±1386 Iscor Limited ...... South Africa ...... 82±3826 Iwais International Holdings ...... Bermuda ...... 82±4765 J. Sainsbury PLC ...... United Kingdom ...... 82±913 JD Group Limited ...... South Africa ...... 82±4401 JD Wetherspoon plc ...... England ...... 82±4416 JG Summit Holdings Inc ...... Philippines ...... 82±3572 JNR Resources Inc ...... Canada ...... 82±4720 JSC Azovstal ...... Ukraine ...... 82±4846 JSC Kazanskaya Gorodskaya Telefonnaya ...... Russia ...... 82±4754 JSC Khantymansiyskokrtelecom ...... Russia ...... 82±4823 JSC Nizhegorodsvyasinform ...... Russia ...... 82±4642 JSC Nizhnekamskneftekhim ...... Russia ...... 82±4791 JSC Nizhnekamskshina ...... Russia ...... 82±4792 JSC Primorsk Shipping Corp ...... Russia ...... 82±4717 JSC Samaraenergo ...... Russia ...... 82±4708 JSC Vralsvyasinform ...... Russia ...... 82±4545 Jamaica Broilers Group Ltd ...... Jamaica ...... 82±3720 Japan Airlines Company Ltd ...... Japan ...... 82±122 Japan Telecom Co ...... Japan ...... 82±3943 Jardine Matheson Holdings Ltd ...... Hong Kong ...... 82±2963 Jardine Strategic Holdings Ltd ...... Bermuda ...... 82±3085 Jasmine International PLC ...... Thailand ...... 82±4876 Jinhui Holdings Co ...... Hong Kong ...... 82±3765 Jinhui Shipping and Transportation Ltd ...... Bermuda ...... 82±4054 John Keells Holdings Ltd ...... Sri Lanka ...... 82±3854 Johnson Matthey PLC ...... United Kingdom ...... 82±2272 Joint Stock Co. Buryatzoloto ...... Russia ...... 82±4619 Joint Stock Co. Aeroflot ...... Russia ...... 82±4592 Jordex Resources Inc ...... Canada ...... 82±3200 Joutel Resources Ltd ...... Canada ...... 82±502 Julius Meinl International AG ...... Austria ...... 82±4554 Justsystem Corp ...... Japan ...... 82±4732 K. Wah International Holdings Ltd ...... Bermuda ...... 82±3853 KGHM Polska Miedz S.A...... Poland ...... 82±4639 Kamps AG ...... Germany ...... 82±4793 Kap Resources Ltd ...... Canada ...... 82±2319 Kawasaki Heavy Industries Ltd ...... Japan ...... 82±4389 Kelso Technologies Inc ...... Canada ...... 82±2441 Kettle River Resources Ltd ...... Canada ...... 82±666 Key Anacon Mines Ltd ...... Canada ...... 82±23 Kidston Gold Mines Ltd ...... Australia ...... 82±2351 Kimberly Clark de Mexico ...... Mexico ...... 82±3308 Kinetic Power Ltd ...... Australia ...... 82±4746 Kingboard Chemical Holdings Ltd ...... Caymen Islands ...... 82±4082 Kingfisher PLC ...... United Kingdom ...... 82±968 Kirin Brewery Co ...... Japan ...... 82±188 Klondike Gold Corp ...... Canada ...... 82±3017 Kobe Steel Ltd ...... Japan ...... 82±3371 Komercni Banka A.S ...... Czech Republic ...... 82±4154 Koninklijke Hoogovens NV ...... Netherlands ...... 82±4481 Koninklijke Wessanen N.V ...... Netherlands ...... 82±1306 Kookaburra Resources Ltd ...... Canada ...... 82±2740 Kookmin Bank ...... Korea ...... 82±4447 Krones AG ...... Germany ...... 82±3871 Kumagai Gumi (H.K.) Ltd ...... Hong Kong ...... 82±4029 LG Electronics Inc ...... Korea ...... 82±3857 LIC Care AB ...... Sweden ...... 82±4773 Ladbroke Group PLC ...... United Kingdom ...... 82±1571 Lai Sun Development Company ...... Hong Kong ...... 82±3878 Landesbank Rheinland-Pfalz ...... Germany ...... 82±4930 Latas de Aluminos S.A ...... Brazil ...... 82±4598 Laura Ashley Holdings PLC ...... United Kingdom ...... 82±1356 Leader Mining International Inc ...... Canada ...... 82±2467 Legend Holding Ltd ...... Hong Kong ...... 82±3950 Lend Lease Corp Ltd ...... Australia ...... 82±3498 Lenzing AG ...... Austria ...... 82±3207 Liberty Life Association of South Africa ...... South Africa ...... 82±3924 Lion Land Berhad ...... Malaysia ...... 82±3342 Lloyds Group PLC ...... United Kingdom ...... 82±4235 Loblau Companies Ltd ...... Canada ...... 82±4918 Lojas Arapua S.A ...... Brazil ...... 82±4512 Lonrho Africa PLC ...... United Kingdom ...... 82±4753

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Issuer name Country File No.

Lonrho PLC ...... United Kingdom ...... 82±191 Louis Dreyfus Citrus S.A ...... France ...... 82±4505 Lucero Resource Corp ...... Canada ...... 82±1756 Lukoil Co ...... Russia ...... 82±4006 MCK Mining Corp ...... Canada ...... 82±3938 MIM Holdings Ltd ...... Australia ...... 82±173 Magician Industries Holdings Inc ...... Bermuda ...... 82±4358 Mahindra & Mahindra ...... India ...... 82±4479 Makro Atacadista SA ...... Brazil ...... 82±4095 Malbak Ltd ...... South Africa ...... 82±3751 Mandamus Fastigheter AB ...... Sweden ...... 82±4771 Mandarin Oriental International Ltd ...... Hong Kong ...... 82±2955 Mannesmann Aktiengesellschaft ...... Germany ...... 82±4232 Maple Minerals Inc ...... Canada ...... 82±3650 Marks and Spencer PLC ...... United Kingdom ...... 82±1961 Marubeni Corp ...... Japan ...... 82±616 Maximum Resources Inc ...... Canada ...... 82±3923 Mayr Melnhof Karton ...... Austria ...... 82±4052 Mega Chips Corp ...... Japan ...... 82±4861 Menatep Bank ...... Russia ...... 82±4155 Menora Resources Inc ...... Canada ...... 82±4289 Menzies Gold N.L ...... Australia ...... 82±4536 Merita Ltd ...... Finland ...... 82±4365 Metsa Serla OY ...... Finland ...... 82±3696 Midya Holding AS ...... Turkey ...... 82±4843 Mill City Gold Mining Corp ...... Canada ...... 82±3076 Minebea Co. Ltd ...... Japan ...... 82±4551 Minera Rayrock Inc ...... Canada ...... 82±3471 Minorco SA ...... Luxembourg ...... 82±206 Minto Explorations Ltd ...... Canada ...... 82±4119 Mishibishu Gold Corp ...... Canada ...... 82±2682 Mispec Resources Inc ...... Canada ...... 82±4661 Misr International Bank SAF ...... Egypt ...... 82±4629 Mitsubishi Corp ...... Japan ...... 82±3784 Mitsui Marine and Fire Insurance Co. Ltd ...... Japan ...... 82±4755 Molson Companies Ltd ...... Canada ...... 82±2954 Mosaic Technologies Corp ...... Canada ...... 82±4787 Moulin International Holding Ltd ...... Bermuda ...... 82±3970 Mount Burgess Gold Mining Co ...... Australia ...... 82±1235 Mount Real Corp ...... Canada ...... 82±4689 Mt. Leyshon Gold Mines Ltd ...... Canada ...... 82±1753 Multivision Communications Corp ...... Canada ...... 82±2260 Mustang Gold Corp ...... Canada ...... 82±4724 NABI North American Bus Industries RT ...... Hungary ...... 82±4925 NTS Computer Systems Ltd ...... Canada ...... 82±4354 NTT Mobile Communications ...... Japan ...... 82±4884 NTT Resources Ltd ...... Canada ...... 82±3786 NV Verenigd Bezit VNU ...... Netherlands ...... 82±2876 Nadro S.A. de C.V ...... Mexico ...... 82±4611 Nampak Limited ...... South Africa ...... 82±3714 National Bank of Canada ...... Canada ...... 82±3764 National Grid Holding PLC ...... United Kingdom ...... 82±4207 National Mutual Holdings Ltd ...... Australia ...... 82±4438 Nestle S.A ...... Switzerland ...... 82±1252 New World Infrastructure ...... Hong Kong ...... 82±4218 NewCoast Silver Mines Ltd ...... Canada ...... 82±4123 Newport Petroleum Corp ...... Canada ...... 82±4557 Newsquest Plc ...... United Kingdom ...... 82±4735 Nissan Motor Co ...... Japan ...... 82±207 Niugini Mining ...... Papua New Guinea ...... 82±1230 Nomura Securities Co. Ltd ...... Japan ...... 82±3872 Nora Exploration Inc ...... Canada ...... 82±3329 Norilsk Nickel ...... Russia ...... 82±4270 Normandy Mining Ltd ...... Australia ...... 82±1975 North Ltd ...... Australia ...... 82±2531 Northern Abitibi Mining Corp ...... Canada ...... 82±4749 North Light Communications ...... Iceland ...... 82±4799 North Orion Explorations Ltd ...... Canada ...... 82±3153 Northpoint Resources Ltd ...... Canada ...... 82±4645 Northstar Energy Corp ...... Canada ...... 82±4577 Nu-Apex Energy Corp ...... British Columbia ...... 82±4425 Nuinsco Resources Ltd ...... Canada ...... 82±1846 Nutreco Holding N.V ...... Netherlands ...... 82±4927 OJS Bashinformsvyaz ...... Russia ...... 82±4836

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Issuer name Country File No.

OJS Concern Stirol ...... Ukraine ...... 82±4905 OJS Electrosvyaz ...... Russia ...... 82±4740 OJS Kazakhtelecom ...... Kazakhstan ...... 82±4921 OJS Nyzhniodniprovsky Pipe Rolling Plant ...... Ukraine ...... 82±4814 OJS Svyazinform ...... Russia ...... 82±4768 OJS Svyazinform of Samara ...... Russia ...... 82±4889 OJS Ukrnafta ...... Ukraine ...... 82±4859 OJSC Dniproenergo ...... Ukraine ...... 82±4844 OJSC Rostevenergo ...... Russia ...... 82±4839 OMV AG ...... Austria ...... 82±3209 Ocean Diamond Mining Holdings ...... South Africa ...... 82±4046 Ocean Resources N.L ...... Australia ...... 82±4872 Olympus Optical Co ...... Japan ...... 82±3326 Onfem Holdings Ltd ...... Bermuda ...... 82±3735 Osterreichische Elcktrizitatswirtschafts ...... Austria ...... 82±4381 Oxiteno S.A ...... Brazil ...... 82±4148 PAE (Thailand) Public Co. Ltd ...... Thailand ...... 82±4775 Pacific Andes Int'l Holdings Ltd ...... Bermuda ...... 82±4031 Pacific Galleon Mining Ltd ...... Canada ...... 82±3258 Pacific Northwest Capital ...... Canada ...... 82±4828 Pacific Vista Industries Inc ...... Canada ...... 82±2829 Pannonplast RT ...... Hungary ...... 82±4548 Panterra Minerals Inc ...... Canada ...... 82±3597 Paramount Ventures & Finance Inc ...... Canada ...... 82±2207 Paribas ...... France ...... 82±4559 Parkcrest Exploration Ltd ...... Canada ...... 82±4090 Parkland Industries Ltd ...... Canada ...... 82±4644 Patimas Computers Berhad ...... Malaysia ...... 82±4891 Paul Y ITC Construction Holdings Ltd ...... Hong Kong ...... 82±4217 Pearl Oriental Holdings Ltd ...... Bermuda ...... 82±4350 Pearson PLC ...... United Kingdom ...... 82±4019 Pelorus Navigation Systems Inc ...... Canada ...... 82±4393 Peninnsula & Oriental Steam Navigation ...... United Kingdom ...... 82±2083 Pentland Industries PLC ...... United Kingdom ...... 82±1219 Pepkor Ltd ...... South Africa ...... 82±3925 Perdigao S.A ...... Brazil ...... 82±4628 Perdigao S.A. Comercio e Industria ...... Brazil ...... 82±4431 Perez Companc S.A ...... Argentina ...... 82±3295 Perfect Fry Corp ...... Canada ...... 82±1609 Petrolem Brasileiro S.A.-Petrobras ...... Brazil ...... 82±4448 Pharmex Industries Inc ...... Canada ...... 82±4834 Phoenix Canada Oil Co. Ltd ...... Canada ...... 82±3936 Pioneer International Ltd ...... Australia ...... 82±2701 Platexco Inc ...... Canada ...... 82±4679 Pokphand C.P. Co. Ltd ...... Bermuda ...... 82±3260 Polyphalt Inc ...... Canada ...... 82±4585 Position Inc ...... Canada ...... 82±4536 Power Corp of Canada ...... Canada ...... 82±137 Power Financial Corp ...... Canada ...... 82±1716 Premier Oil PLC ...... United Kingdom ...... 82±2617 President Enterprises Co...... Taiwan ...... 82±3424 Pricer AB ...... Sweden ...... 82±4723 Prime Resources Group, Inc ...... Canada ...... 82±1503 Private Equity Holding AG ...... Germany ...... 82±4929 Prokom Software S.A ...... Poland ...... 82±4700 Promatek Industries Ltd ...... Canada ...... 82±1351 Promise Co. Ltd ...... Japan ...... 82±4837 Prosieben Media AG ...... Germany ...... 82±4621 Prudential Corporation PLC ...... United Kingdom ...... 82±1477 P.T. Jakarta Int'l Hotels & Dev ...... Indonesia ...... 82±4397 PTT Exploration Production PLC ...... Thailand ...... 82±3827 Puma AG Rudolf Dassler Sport ...... Germany ...... 82±4369 Q P Corporation ...... Japan ...... 82±4750 QNI Limited ...... Australia ...... 82±3834 RAO Gazprom ...... Russia ...... 82±4670 RAO Unified Energy Systems ...... Russia ...... 82±4077 RBS Participacoes S.A ...... Brazil ...... 82±4338 RBS RV de Florianopolis S.A ...... Brazil ...... 82±4340 RWE AG ...... Germany ...... 82±4018 Radio Gaucha S.A ...... Brazil ...... 82±4341 Raffles Medical Group ...... Singapore ...... 82±4926 Railtrack Group PLC ...... United Kingdom ...... 82±4282 Rampton Resource Corp ...... Canada ...... 82±4579 Randfontein Estates Gold Mining ...... South Africa ...... 82±267

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Issuer name Country File No.

Randsburg International Gold Corp ...... Canada ...... 82±4854 Raptor Capital Corporation ...... Canada ...... 82±4599 Ravenhead Recovery Corp ...... Canada ...... 82±521 Rayrock Yellowknife Resources Inc ...... Canada ...... 82±378 Raytec Capital Corp ...... Canada ...... 82±3553 Redwood Energy Ltd ...... Canada ...... 82±4349 Rembrandt Group Ltd ...... South Africa ...... 82±3760 Renong Berhad ...... Malaysia ...... 82±4166 Rentokil Group PLC ...... United Kingdom ...... 82±3806 Resorts World Berhad ...... Malaysia ...... 82±3229 Rheinische Hypothekenbank ...... Germany ...... 82±4915 Rhodia-Ster S.A ...... Argentina ...... 82±3942 Rich Minerals Corp ...... Canada ...... 82±2832 Rivera Explorations Inc ...... Canada ...... 82±2945 Rock Resources Inc ...... Canada ...... 82±4504 Rolls-Royce PLC ...... United Kingdom ...... 82±2821 Roly International Holdings Ltd ...... Bermuda ...... 82±4364 Rossi Residencial S.A ...... Brazil ...... 82±4638 Royal Nedlloyd Group NV ...... Netherlands ...... 82±1056 Royal and Sun Alliance Insurance ...... England ...... 82±4860 Royaledge Resources Inc ...... Canada ...... 82±4388 Roycefield Resources Ltd ...... Canada ...... 82±4149 S.A. Fabrica de Productos Alimenticios ...... Brazil ...... 82±4870 SAIA-Burgess Electronics ...... Switzerland ...... 82±4810 SGS Societe Generale de Surveillance ...... Switzerland ...... 82±4856 Sage Group Limited ...... South Africa ...... 82±4241 Saipem SPA ...... Italy ...... 82±4776 Sakura Bank Ltd ...... Japan ...... 82±3055 Salhus Brandon Gold Corp ...... Canada ...... 82±842 Samsung Heavy Industries Co. Ltd ...... Korea ...... 82±4091 San Miguel Corp ...... Philippines ...... 82±306 Sancor Cooperatives Unidas Ltd ...... Argentina ...... 82±4476 Sandvik AB ...... Sweden ...... 82±1463 San Luis Corporacion SA de CV ...... Mexico ...... 82±2867 Santos Ltd ...... Australia ...... 82±34 Sanwa Bank Ltd ...... Japan ...... 82±4711 Sanyo Electric Co...... Japan ...... 82±264 Sasol Ltd ...... South Africa ...... 82±631 Scottish Power PLC ...... United Kingdom ...... 82±3100 Sears PLC ...... United Kingdom ...... 82±4817 Security Capital U.S. Realty ...... Luxembourg ...... 82±4757 Sedex Mining Corp ...... Canada ...... 82±3587 Seine River Resources, Inc ...... Canada ...... 82±2942 Selecta Group ...... Switzerland ...... 82±4594 Selfridges PLC ...... United Kingdom ...... 82±4818 Senco Sensors Inc ...... Canada ...... 82±3711 Senetek PLC ...... United Kingdom ...... 82±875 Sennen Resources ...... Canada ...... 82±2238 Seversky Tube Works ...... Russia ...... 82±4101 Sharp Corp ...... Japan ...... 82±1116 Sheffield Resources Inc ...... United Kingdom ...... 82±4777 Shinawata Satellite Public Co. Ltd ...... Thailand ...... 82±4527 Shiseido Company Ltd ...... Japan ...... 82±3311 Shun Tak Holdings ...... Hong Kong ...... 82±3357 Siam Commercial Bank Public Co Ltd ...... Thailand ...... 82±4345 Sidel ...... France ...... 82±4396 Siderar S.A.I.C ...... Argentina ...... 82±4328 Siderurgica Venezolana Sivensa ...... Venezuela ...... 82±3080 Siebe Plc ...... United Kingdom ...... 82±2142 Sikaman Gold Resources Ltd ...... Canada ...... 82±1651 Simsmetal Ltd ...... Australia ...... 82±3838 Singapore Telecommunications Ltd ...... Singapore ...... 82±3622 Singulus Technologies AG ...... Germany ...... 82±4764 Slovnaft, A.S ...... Russia ...... 82±3721 Smartire Systems Inc ...... Canada ...... 82±2787 Smedvig A.S ...... Norway ...... 82±3551 Smit Internationale N.V ...... Netherlands ...... 82±4892 Societe Generale ...... France ...... 82±3501 Societe Generale d'Entreprises SGE ...... France ...... 82±4781 Solaia Ventures Inc ...... Canada ...... 82±4850 Solvay SA ...... Belgium ...... 82±2691 Sonera Group ...... Finland ...... 82±4912 Sons of Gwalia N.L ...... Australia ...... 82±1039 South African Breweries Ltd ...... South Africa ...... 82±303

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Issuer name Country File No.

South African Breweries PLC ...... United Kingdom ...... 82±4938 South Aftican Land & Exploration Co ...... South Africa ...... 82±59 South China Morning Post ...... Hong Kong ...... 82±3327 Southcorp Holdings Ltd ...... Australia ...... 82±2692 Southern Cross Resources ...... Canada ...... 82±4831 Southern Pacific Petroleum N.L ...... Australia ...... 82±353 Southvaal Holdings Ltd ...... South Africa ...... 82±197 St. Dupont S.A ...... France ...... 82±4552 St. George Bank Ltd ...... Australia ...... 82±3809 St. Jude Resources Ltd ...... Canada ...... 82±4014 Stampede Oils Inc ...... Canada ...... 82±3605 Star Telecom International Holding Ltd ...... Bermuda ...... 82±3654 Strlight International Holdings Ltd ...... Bermuda ...... 82±3594 Starrex Mining Corp ...... Canada ...... 82±3755 State Bank of India ...... India ...... 82±4524 Statoil Den Norske Stats Oljeselskap AS ...... Norway ...... 82±3444 Stilfontein Gold Mining Co ...... South Africa ...... 82±301 Stina Resources Ltd ...... Canada ...... 82±2062 Stratabound Minerals Corp ...... Canada ...... 82±3284 Sumitomo Bank Ltd ...... Japan ...... 82±4395 Sumitomo Metal Industries Ltd ...... Japan ...... 82±3507 Sumitomo Trust & Banking ...... Japan ...... 82±4617 Summit Resources Ltd ...... Canada ...... 82±2922 Sun Hung Kai Properties Ltd ...... Hong Kong ...... 82±1755 Sur American Gold Corp ...... Canada ...... 82±4783 Sevdala Industri A.B ...... Sweden ...... 82±3593 Swire Pacific Ltd ...... Hong Kong ...... 82±2184 Synex International Inc ...... Canada ...... 82±862 TAB Limited ...... Australia ...... 82±4801 TMP Industrial Mineral Park Mining ...... Canada ...... 82±4887 Tabcorp Holdings Ltd ...... Australia ...... 82±3841 Tai Cheung Holdings Ltd ...... Bermuda ...... 82±3528 Takefuji Corporation ...... Japan ...... 82±4622 Tapajos Gold Inc ...... Canada ...... 82±4496 Tata Hydro-Electric Power Supply Co ...... India ...... 82±3704 Tata Power Company ...... India ...... 82±3733 Taylor Nelson AGB PLC ...... England ...... 82±4668 Techtronic Industries Co ...... Hong Kong ...... 82±3648 Telebackup Systems Inc ...... Canada ...... 82±4701 Televisao Gaucha S.A ...... Brazil ...... 82±4339 Television Broadcasts Ltd ...... Hong Kong ...... 82±1072 Tenaga Nasional Berhod ...... Malaysia ...... 82±3677 Terra Mannix Inc ...... Canada ...... 82±4829 Tessenderlo Chemic ...... Belgium ...... 82±4785 Thai Farmers Bank Public Company Ltd ...... Thailand ...... 82±4922 Thai Telephone and Telecommunications ...... Thailand ...... 82±3744 Thyssen Avtiengesellschaft ...... Germany ...... 82±4681 Tofas Turk Otomobil Fabrikasi A.S ...... Turkey ...... 82±3699 Tokai Bank Ltd ...... Japan ...... 82±4811 Tomorrow International Holdings Ltd ...... Bermuda ...... 82±4256 Tomra Systems A/S ...... Norway ...... 82±3334 Topcall International AG ...... Austria ...... 82±4786 Topper Gold Corporation ...... Canada ...... 82±2694 Toscana Resources Ltd ...... Canada ...... 82±4434 Total Access Communications ...... Thailand ...... 82±4314 Toyobo Co ...... Japan ...... 82±1172 Toyota Motor Co. Ltd ...... Japan ...... 82±208 Transportadora de Gas del Norte S.A ...... Argentina ...... 82±3845 Trimin Resources Inc ...... Canada ...... 82±1833 Trincana Resources Ltd ...... Canada ...... 82±4796 Trio Gold Corp ...... Canada ...... 82±2127 Troymin Resources Ltd ...... Canada ...... 82±3503 Truly International Holdings ...... Cayman Islands ...... 82±3700 Trust Company of Australia Ltd ...... Australia ...... 82±1443 Tsingtao Brewery Company Ltd ...... China ...... 82±4021 Tung Fong Hung Holdings Limited ...... Cayman Islands ...... 82±4152 Tusk Energy Inc ...... Canada ...... 82±3297 Tyumen Air Company ...... Russia ...... 82±4789 UBS AG ...... Switzerland ...... 82±4853 USA Video Corporation ...... Canada ...... 82±1601 Ungava Minerals Corp ...... Canada ...... 82±4436 Unione Immobiliare SPA ...... Italy ...... 82±4903 United Bank for Africa ...... Nigeria ...... 82±4804 United Biscuits PLC ...... United Kingdom ...... 82±3079

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Issuer name Country File No.

United Film & Video Holdings Ltd ...... Canada ...... 82±3859 Univa Inc ...... Canada ...... 82±2570 Universal S.A ...... Poland ...... 82±4502 Unuk Gold Corp ...... Canada ...... 82±4653 Upland Global Corp ...... Canada ...... 82±4346 Usinas Siderurgicas de Minas Gerais S.A...... Brazil ...... 82±3902 VF Capital Corp ...... Canada ...... 82±4868 Vaal Reefs Exploration & Mining Co ...... South Africa ...... 82±56 Valerie Gold Resources Ltd ...... Canada ...... 82±3339 Vannessa Ventures Ltd ...... Canada ...... 82±4473 Vedior N.V ...... Netherlands ...... 82±4654 Velcro Industries, N.V ...... Neth. Ant...... 82±145 Ventures Resources Corp ...... Canada ...... 82±4575 Viag Ag ...... Germany ...... 82±4343 Viceroy Resource Corp ...... Canada ...... 82±1193 Victoria Resource Corp ...... Canada ...... 82±2888 Viking Gold Corporation ...... Canada ...... 82±4560 Village Roadshow Limited ...... Australia ...... 82±4513 Visualabs Inc ...... Canada ...... 82±4767 Voice-It Solutions Inc ...... Canada ...... 82±1743 Volkswagen AG ...... Germany ...... 82±2188 Vortex Energy & Minerals Ltd ...... Canada ...... 82±3462 Votorantim Celulose E Papel S.A ...... Brazil ...... 82±3383 Voyageur Film Capital ...... Canada ...... 82±4816 Vtech Holdings Ltd ...... Bermuda ...... 82±3565 WMP Bank AG ...... Austria ...... 82±4845 Wace Group PLC ...... United Kingdom ...... 82±2369 Wayburn Resources Inc ...... Canada ...... 82±3740 West Rand Consolidated Mines Ltd ...... South Africa ...... 82±314 Westaim Corporation ...... Canada ...... 82±4784 Western Deep Levels Ltd ...... South Africa ...... 82±58 Western Pacific Gold Inc ...... Canada ...... 82±4521 Westfalsche Hypothekenbank ...... Germany ...... 82±4940 Westley Mines International Inc ...... Canada ...... 82±1088 Westone Ventures Inc ...... Canada ...... 82±4890 Westpine Metals Ltd ...... Canada ...... 82±3116 Wesumat Holding AG ...... Germany ...... 82±4888 Wienerberger Baustoffindustrie AG ...... Austria ...... 82±4316 Wiggins Group ...... United Kingdom ...... 82±4812 Williams Creek Explorations Ltd ...... Canada ...... 82±3146 Willow Resources Ltd ...... Canada ...... 82±3843 Windarra Minerals Ltd ...... Canada ...... 82±561 Wing Lee International ...... Bermuda ...... 82±4916 Wing Tai Holdings Limited ...... Singapore ...... 82±4632 Wolford AG ...... Austria ...... 82±4403 Woodside Petroleum Ltd ...... Australia ...... 82±2280 Woolworths Holdings Ltd ...... South Africa ...... 82±4900 Wrightson Ltd ...... New Zealand ...... 82±3646 X-Cal Resources Ltd ...... Canada ...... 82±1655 Yaletown Entertainment Corp ...... Canada ...... 82±4336 Yasuda Trust & Banking Co ...... Japan ...... 82±4583 Yeebo International Holdings Ltd ...... Bermuda ...... 82±3869 Yiu Wing International Holdings Ltd ...... Bermuda ...... 82±3655 Yukong Limited ...... Korea ...... 82±3901 Yukos ...... Russia ...... 82±4209 Zero Hora-Editora Jornalistica S.A ...... Brazil ...... 82±4337 Zodiac Technologies Inc ...... Canada ...... 82±1281 Ztest Electronics Inc ...... Canada ...... 82±4637 Zurich Allied AG ...... Switzerland ...... 82±4901 Zurich Insurance Company ...... Switzerland ...... 82±4319

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[FR Doc. 99–12353 Filed 5–14–99; 8:45 am] deposit fee program. Under this C. Self-Regulatory Organization’s BILLING CODE 8010±01±M program, every CBOE member that is a Statement on Comments on the lessee of a CBOE membership, a Proposed Rule Change Received From member organization nominee on a Members, Participants, or Others SECURITIES AND EXCHANGE leased CBOE membership, or a Chicago COMMISSION Board of Trade (‘‘CBOT’’) Exerciser No written comments were solicited or received with respect to the proposed [Release No. 34±41389; File No. SR±CBOE± member of CBOE who is leasing a CBOT 99±18] membership (a CBOT delegate) is rule change. required to submit a $500 lease deposit III. Date of Effectiveness of the Self-Regulatory Organizations; Notice fee to the Exchange. The Exchange uses Proposed Rule Change and Timing for of Filing and Immediate Effectiveness this lease deposit fee to satisfy any debts Commission Action of Proposed Rule Change by the owed by the member to the Exchange Chicago Board Options Exchange, upon the member’s termination from Because the foregoing rule change Incorporated, To Terminate its Lease membership. Upon the completion of establishes or changes a due, fee, or Deposit Fee Program the membership termination process, other charge imposed by the Exchange, the Exchange returns to the lessee, May 11, 1999. it has become effective pursuant to nominee, or delegate, without interest, Pursuant to Section 19(b)(1) of the Section 19(b)(3)(A) of the Act5 and any portion of the lease deposit fee Securities Exchange Act of 1934 subparagraph (f) of Rule 19b–4 remaining after payment of any (‘‘Act’’),1 and Rule 19b–4 thereunder,2 thereunder.6 At any time within 60 days Exchange debts owed by the lessee, notice is hereby given that on April 26, of the filing of the proposed rule change, nominee, or delegate. 1999, the Chicago Board Options the Commission may summarily Exchange, Incorporated (‘‘CBOE’’ or The original purpose of the lease abrogate such rule change if it appears ‘‘Exchange’’), filed with the Securities deposit fee program was to provide the to the Commission that such action is and Exchange Commission Exchange with a source of collateral in necessary or appropriate such rule (‘‘Commission’’ or ‘‘SEC’’) the proposed the event a lessee, nominee, or delegate change if it appears to the Commission rule change as described in Items I, II, owed money to the Exchange. The that such action is necessary or Exchange is now proposing to eliminate and III below, which Items have been appropriate in the protection of the program because the costs of prepared by the CBOE. The Commission investors, or otherwise in furtherance of administering the program have been is publishing this notice to solicit the Act. comments on the proposed rule change exceeding the benefits derived from the from interested persons. program. Additionally, the Exchange IV. Solicitation of Comments has other means of collecting monies I. Self-Regulatory Organization’s owed to the Exchange by members, Interested persons are invited to Statement of the Terms of Substance of including lessees, nominees, and submit written data, views, and the Proposed Rule Change delegates. These include CBOE’s arguments concerning the foregoing, The CBOE proposes to terminate its Integrated Billing System under CBOE including whether the proposed rule $500 lease deposit fee requirement. The Rule 3.23 pursuant to which a member’s change is consistent with the Act.7 requirement is currently set forth in Exchange fees are drafted by the Persons making written submissions CBOE’s Membership Fee Circular and Exchange against a CBOE Clearing should file six copies thereof with the would be deleted from that Circular Member designated by the member, the Secretary, Securities and Exchange under this proposal. requirement under CBOE Rule 3.8(a)(2) Commission, 450 Fifth Street, N.W., that a member organization guarantee its Washington, D.C. 20549–0609. Copies of II. Self-Regulatory Organization’s nominees’ obligations to the Exchange, the submission, all subsequent Statement of the Purpose of, and and the authority of the Chairman of the amendments, all written statements Statutory Basis for, the Proposed Rule Exchange’s Executive Committee to with respect to the proposed rule Change suspend a current member (or bar a change that are filed with the In its filing with the Commission, the former member) until payment of past Commission, and all written CBOE included statements concerning due amounts owed to the Exchange is communications relating to the the purpose of and basis for the made. proposed rule change between the proposed rule change and discussed any 2. Statutory Basis Commission and any person, other than comments it received on the proposed those that may be withheld from the rule change. The text of these statements The CBOE believes the proposed rule public in accordance with the may be examined at the places specified change is consistent with Section 6(b) of provisions of 5 U.S.C. 552, will be in Item IV below. The CBOE has the Act,3 in general, furthers the available for inspection and copying in prepared summaries, set forth in objectives of Section 6(b)(4) of the Act,4 the Commission’s Public Reference sections A, B, and C below, of the most in particular, in that it is designed to Room. Copies of such filing also will be significant aspects of such statements. provide for the equitable allocation of available for inspection and copying at A. Self-Regulatory Organization’s reasonable dues, fees, and other charges the principal office of the CBOE. All Statement of the Purpose of, and among CBOE members. submissions should refer to File No. Statutory Basis for, the Proposed Rule B. Self-Regulatory Organization’s SR–CBOE–99–18 and should be Change Statement on Burden on Competition submitted by June 7, 1999. 1. Purpose The CBOE does not believe that the 5 15 U.S.C. 78s(b)(3)(A). The purpose of the proposed rule proposed rule change will impose any 6 17 CFR 240.19b–4(f)(2). change is to terminate CBOE’s lease burden on competition. 7 In reviewing the proposed rule change, the Commission considered its potential impact on 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f. efficiency, competition, and capital formation. 15 2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(4). U.S.C. 78c(f).

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For the Commission, by the Division of A. Self-Regulatory Organization’s As an interim measure, Floor Official Market Regulation, pursuant to delegated Statement of the Purpose of, and approvals will be documented on the authority.8 Statutory Basis for, the Proposed Rule Exchange’s electronic Floor Official Margaret H. McFarland, Change approval forms. After mid-year, the Deputy Secretary. Exchange expects to modify the Display 1. Purpose [FR Doc. 99–12355 Filed 5–14–99; 8:45 am] Book so that Floor Official approval will BILLING CODE 8010±01±M In January 1997, Commission Rule be documented within that system. 11Ac1–4 under the Act (‘‘Display The requirement to keep Quote Assist Rule’’)3 became effective. The Display active is not meant to serve as a SECURITIES AND EXCHANGE Rule requires specialists to display substitute for the actual posting of COMMISSION immediately, i.e., as soon as practicable, quotes by specialists. Specialists will be [Release No. 34±41386; File No. SR±NYSE± which under normal market conditions reminded that they are not to rely solely 99±09] means no later than 30 seconds from the on Quote Assist to generate quotes, time of receipt, the price and full size because this would not comply with the Self-Regulatory Organizations; Notice of customer limit orders that would Commission’s requirements for limit of Filing and Order Granting improve the bid or offer in a security. order display. Rather, specialists should Accelerated Approval of Proposed On January 7, 1997, the Exchange always attempt to reflect a limit order by Rule Change by the New York Stock implemented a Display Book 4 manually quoting the stock as soon as Exchange, Inc. Relating to Rule 79A.15 enhancement known as ‘‘Quote Assist’’ practicable, even though the Quote to compute and disseminate a quote Assist feature is active. May 10, 1999. within the 30-second timeframe. Quote The Exchange believes that Quote Pursuant to Section 19(b)(1) of the Assist is designed to help specialists Assist provides valuable help to enable Securities Exchange Act of 1934 comply with the Display Rule. specialists to comply with their (‘‘Act’’)1 and Rule 19b–4 thereunder,2 Quote Assist monitors the limit order responsibilities under the Commission’s notice is hereby given that on March 10, book for new orders and compares those Display rule. The requirement that 1999, the New York Stock Exchange, orders with the published quotation. Quote Assist generally remain active Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with When a new order would improve the throughout the day will ensure that the Securities and Exchange quote or increase the size at a quoted specialists avail themselves of the tools Commission (‘‘Commission’’) the price, Quote Assist publishes a new provided for managing order flow and proposed rule change as described in quote at the improved price or increased updating quotes. Items I and II below, which Items have size 30 seconds after the order arrives if been prepared by the Exchange. The 2. Statutory Basis the specialist has not already done so. Commission is publishing this notice Section 6(b)(5) of the Act 5 requires an Quote Assist is always active at the and order to solicit comments on the Exchange to have rules that are designed beginning of the trading day. A proposed rule change from interested to promote just and equitable principles specialist has the ability to deactivate persons and to grant accelerated of trade, to remove impediments to, and Quote Assist as to a particular stock or approval to the proposed rule change. perfect the mechanism of a free and stocks. open market and, in general, to protect I. Self-Regulatory Organization’s The Exchange proposes to amend investors and the public interest. The Statement of the Terms of Substance of Exchange Rule 79A.15 to provide that proposed rule change will help perfect the Proposed Rule Change deactivation of Quote Assist will require the mechanism of a free and open The proposed rule change consists of that the specialist obtain approval of market by facilitating compliance with amendments to Exchange Rule 79A.15, that decision from a Floor Official. Floor the Commission’s Display Rule. to provide that deactivation of Quote Official approval would only be granted Assist will require that the specialist in instances when there is an influx of B. Self-Regulatory Organization’s review that decision with a Floor orders resulting in gap pricing, an ITS Statement on Burden on Competition Official as soon as practicable, and no outgoing commitment, or other unusual The Exchange does not believe that later than three minutes from the time circumstances. Approval of a Floor the proposed rule change will impose of deactivation. The text of the proposed Official to deactivate Quote Assist any burden on competition that is not rule change is available at the Exchange should be obtained as soon as necessary or appropriate in furtherance and at the Commission. practicable, and must be obtained no of the purposes of the Act. later than three minutes from the time II. Self-Regulatory Organization’s of deactivation. If approval is not C. Self-Regulatory Organization’s Statement of the Purpose of, and obtained within three minutes from the Statement on Comments on the Statutory Basis for, the Proposed Rule time of deactivation, the matter will be Proposed Rule Change Received From Change reviewed as a market surveillance issue Members, Participants or Others In its filing with the Commission, the by the Exchange. The Exchange has neither solicited Exchange included statements nor received written comments on the concerning the purpose of, and basis for, 3 17 CFR 240.11Ac1–4. proposed rule change. the proposed rule change and discussed 4 The specialist’s Display Book is an electronic III. Solicitation of Comments any comments it received on the workstation at the trading post that keeps track of limit orders and incoming market orders. Various Interested persons are invited to proposed rule change. The text of these window-like screen applications allow the statements may be examined at the specialist to view one or more issues at a time at submit written data, views and places specified in Item III below and is various levels of detail. Incoming SuperDOT limit arguments concerning the foregoing set forth in Sections A, B, and C below. orders automatically enter the Display Book. When including whether the proposed rule a floor broker gives the specialist a limit order, the change is consistent with the Act. specialist’s clerk can enter the order into the 8 17 CFR 200.30–3(a)(12). Display Book using the keyboard. The Display Book Persons making written submissions 1 15 U.S.C. 78s(b)(1). sorts the limit orders and displays them in price/ 2 17 CFR 240.19b–4. time priority. 5 15 U.S.C. 78f(b)(5).

VerDate 30-APR-99 15:57 May 14, 1999 Jkt 183247 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.XXX pfrm08 PsN: 17MYN1 26810 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices should file six copies thereof with the In addition, the Commission believes persons and to approve the proposal on Secretary, Securities and Exchange the proposal is consistent with Section an accelerated basis. Commission, 450 Fifth Street, N.W., 6(b)(5) of the act because it requires I. Self-Regulatory Organization’s Washington DC 20549–0609. Copies of specialists to obtain approval of a Statement of the Terms of Substance of the submission, all subsequent decision to deactivate Quote Assist from the Proposed Rule Change amendments, all written statements a Floor Official as soon as practicable, with respect to the proposed rule and no later than three minutes from the The Exchange proposes to amend change that are filed with the time of deactivation. This requirement Paragraph 902.02 of the Exchange’s Commission, and all written should improve member handling of Listed Company Manual (‘‘Manual’’). communications relating to the customer limit orders. Paragraph 902.02 contains the schedule proposed rule change between the The Commission finds good cause for of current listing fees for companies Commission and any person, other than approving the proposed rule change listing securities on the Exchange. those that may be withheld from the prior to the 30th day after the date of II. Self-Regulatory Organization’s public in accordance with the publication of notice thereof in the Statement of the Purpose of, and provisions of 5 U.S.C. 552, will be Federal Register, because the proposal Statutory Basis for, the Proposed Rule available for inspection and copying in facilitates compliance with the Display Change the Commission’s Public Reference Rule. The Commission believes, In its filing with the Commission, the Room. Copies of such filing will also be therefore, that granting accelerated NYSE included statements concerning available for inspection and copying at approval of the proposed rule change is the purpose of, and basis for, the the principal office of the NYSE. All appropriate and consistent with Section proposed rule change and discussed any submissions should refer to file No. SR– 6 of the Act.9 NYSE–99–09 and should submitted by comments it received on the proposed It is therefore ordered, pursuant to rule change. The text of these statements June 7, 1999. 10 Section 19(b)(2) of the Act, that the may be examined at the places specified IV. Commissions Findings and Order proposed rule change (SR–NYSE–99– in Item III below. The NYSE has Granting Accelerated Approval of 09) is hereby approved on an prepared summaries, set forth in Proposed Rule Change accelerated basis. sections A, B, and C below, of the most For the Commission, by the Division of The Commission has reviewed Market Regulation, pursuant to delegated significant parts of such statements. carefully the Exchange’s proposed rule authority.11 A. Self-Regulatory Organization’s change 6 and believes, for the reasons set Margaret H. McFarland, Statement of the Purpose of, and forth below, the proposal is consistent Deputy Secretary. Statutory Basis for, the Proposed Rule with the Act and the rules and [FR Doc. 99–12356 Filed 5–14–99; 8:45 am] Change regulations thereunder applicable to a BILLING CODE 8010±01±M national securities exchange. 1. Purpose Specifically, the Commission believes The proposed rule change amends the the proposal is consistent with Sections SECURITIES AND EXCHANGE NYSE’s listed company fee schedule, set 6(b)(5) and 11A(a)(1)(C)(iii) and (iv) of COMMISSION forth in Paragraph 902.02 of the Manual, the Act.7 Section 6(b)(5) requires that as it applies to certain business the rules of an exchange be designed to [Release No. 34±41375; File No. SR±NYSE± transactions. First, the Exchange seeks prevent fraudulent and manipulative 99±15] to adopt a $500,000 fee cap for acts and practices and to remove companies that split the stock more than impediments to and perfect the Self-Regulatory Organizations; Notice once over a rolling three calendar year mechanism of a free and open market of Filing and Order Granting period. Currently, additional securities and a national market system. With Accelerated Approval of Proposed issued in conjunction with a split are respect to Section 11A, Congress found Rule Change by the New York Stock billed initial listing fees and capped at that it is in the public interest and Exchange, Inc. Relating to Listed $250,000 per split. The new cap is appropriate for the protection of Company Fees intended to provide pricing investors and the maintenance of fair May 6, 1999. consideration for companies that and orderly markets to assure the frequently split their securities. Pursuant to Section 19(b)(1) of the availability to brokers, dealers and Second, the Exchange seeks to adopt Securities Exchange Act of 1934 investors of information with respect to a $500,000 initial fee cap for shares (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 quotations for and transactions in issued in conjunction with a merger or notice is hereby given that on April 13, securities, and to assure the acquisition. Currently, shares issued in 1999, the New York Stock Exchange, practicability of brokers executing conjunction with a merger or Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with investors’ orders in the best market. The acquisition are billed initial listing fees. the Securities and Exchange proposed rule change will help to This fee cap is intended to provide Commission (‘‘Commission’’ or ‘‘SEC’’) ensure the availability if information pricing consideration for listed the proposed rule change as described with respect quotations by assisting companies involved in mergers and in Items I and II below, which Items specialists in providing information acquisitions. have been prepared by the NYSE. The regarding orders to the market.8 Commission is publishing this notice 2. Statutory Basis and order to solicit comments on the 6 In approving this proposal, the Commission has The NYSE represents that the considered its impact on efficiency, competition, proposed rule change from interested proposed rule change is consistent with and capital formation. 15 U.S.C. 78c(f). Section 6(b) of the Act 3 in general, and 7 15 U.S.C. 78f(b)(5), 78k-1(a)(1)(C)(iii) and (iv). 9 15 U.S.C. 78f. furthers the objectives of Section 8 The Commission, in approving the proposed 10 6(b)(4) 4 in particular, which requires an rule change, notes that the requirement to keep 15 U.S.C. 78s(b)(2). Quote Assist active does not relieve specialists of 11 17 CFR 200.30–3(a)(12). their responsibility to reflect limit orders by 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f(b). manually quoting the stock as soon as practicable. 2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(4).

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Exchange to have rules providing for the thereunder.6 Section 6(b)(4) of the Act 7 by the 34 countries in the Western equitable allocation of reasonable dues, requires that the rules of an exchange Hemisphere participating in the Free fees and other charges among its provide for the equitable allocation of Trade Area of the Americas. The Trade members and issuers and other persons reasonable dues, fees, and other charges Policy Staff Committee (TPSC) seeks to using its facilities. among its members and issuers and identify a U.S. private sector expert on other persons using its facilities. By consumer issues related to electronic B. Self-Regulatory Organization’s capping issuer listing fees under certain commerce who may be interested in Statement on Burden on Competition circumstances, the proposal should help participating in the work of the Joint to ensure that issuers that split their Committee. Interested members of the The Exchange does not believe that securities frequently or that participate public are invited to submit written the proposed rule change will impose in mergers or acquisitions are not notice of their interest and their any burden on competition that is not charged disproportionately high listing qualifications. necessary or appropriate in furtherance fees. of the purposes of the Act. DATES: Written expressions of interest in Pursuant to Section 19(b)(2) of the participating in the work of the Joint 8 C. Self-Regulatory Organization’s Act, the Commission finds good cause Committee should be submitted no later Statement on Comments on the for approving the proposed rule change than May 28, 1999. prior to the 30th day after the date of Proposed Rule Change Received From FOR FURTHER INFORMATION CONTACT: For Members, Participants, or Others publication of notice of filing of the proposal in the Federal Register procedural questions concerning public The Exchange did not solicit or because the proposed rule change will comments contact Gloria Blue, Executive Secretary, Trade Policy Staff receive written comments on the allow companies to benefit from the fee Committee, Office of the United States proposed rule change. caps as soon as possible. It is therefore ordered, pursuant to Trade Representative, (202) 395–3475. III. Solicitation of Comments Section 19(b)(2) 9 of the Act, that the All questions concerning the Joint proposed rule change (File No. SR– Committee may be directed to Regina Interested persons are invited to NYSE–99–15) be, and hereby is, Vargo, Deputy Assistant Secretary for submit written data, views and approved. the Western Hemisphere, U.S. arguments concerning the foregoing, Department of Commerce (202) 482– including whether the proposed rule For the Commission, by the Division of 5324, [email protected]. Market Regulation, pursuant to delegated change is consistent with the Act. authority.10 SUPPLEMENTARY INFORMATION: At the Persons making written submissions Margaret H. McFarland, Second Summit of the Americas in should file six copies thereof with the Deputy Secretary. April 1998, in Santiago, Chile, the 34 Secretary, Securities and Exchange [FR Doc. 99–12357 Filed 5–14–99; 8:45 am] democratically elected Western Commission, 450 Fifth Street, N.W., Hemisphere countries initiated BILLING CODE 8010±01±M Washington, D.C. 20549–0609. Copies of negotiations to create the FTAA by the the submission, all subsequent year 2005 and to achieve concrete amendments, all written statements progress toward that objective by the OFFICE OF THE U.S. TRADE with respect to the proposed rule end of the century. They established REPRESENTATIVE change that are filed with the nine initial negotiating groups, a Commission, and all written Free Trade Area of the Americas: consultative group, and two committees, communications relating to the Request for Public Comment on one of which is the Joint Committee. proposed rule change between the Identification of a Private Sector Expert The Joint Committee is chaired by Mr. Commission and any person, other than on Consumer Issues Related to Dale Marshall of the Government of those that may be withheld from the Electronic Commerce Barbados. Ms. Regina Vargo, Deputy public in accordance with the Assistant Secretary for the Western AGENCY: provisions of 5 U.S.C. 552, will be Office of the United States Hemisphere, U.S. Department of Trade Representative. available for inspection and copying in Commerce, leads the joint U.S. the Commission’s Public Reference ACTION: Free Trade Area of the Americas government—private sector delegation Room. Copies of such filings will also be (FTAA) Joint Government-Private Sector to the Joint Committee. Experts Committee on Electronic available for inspection and copying at Joint Committee Terms of Reference: Commerce (Joint Committee) request for the principal office of the NYSE. All The objective of the Committee is to public comment on the identification of submissions should refer to File No. make recommendations to Ministers on a private sector expert on consumer how to increase and broaden the SR–NYSE–99–15 and should be issues related to electronic commerce benefits of electronic commerce and submitted by June 7, 1999. who may wish to participate in the work how electronic commerce should be IV. Discussion of the Joint Committee. dealt with in the context of the FTAA negotiations. The Joint Committee is to SUMMARY: The Commission finds that the The Joint Committee on provide recommendations to the Vice- proposed rule change is consistent with Electronic Commerce was established Ministerial Trade Negotiations the requirements of the Act and the Committee (TNC) four weeks before the 6 In approving this rule change, the Commission rules and regulations thereunder has considered the proposal’s impact on efficiency, November 3–4, 1999 Trade Ministerial applicable to a national securities competition, and capital formation, consistent with meeting. In order to develop its exchange and, in particular, the Section 3 of the Act. 15 U.S.C. 78c(f). This proposal recommendations, the Joint Committee requirements of Section 6 of the Act 5 should facilitate capital formation by reducing is focusing on: listing fees. • and the rules and regulations 7 15 U.S.C. 78f(b)(4). Increasing understanding of the 8 15 U.S.C. 78s(b)(2). potential benefits of electronic 9 15 U.S.C. 78s(b)(2). commerce to countries in the 5 15 U.S.C. 78f. 10 17 CFR 200.30–3(a)(12). hemisphere;

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• Identifying the environment that published inviting expressions of DEPARTMENT OF TRANSPORTATION will allow electronic commerce to interest and qualifications to participate flourish; in the work of the Joint Committee. Office of the Secretary • Discussing infrastructure questions; Based on responses, U.S. private sector Aviation Proceedings, Agreements and representatives were selected to reflect a • Filed During the Week Ending May 7, Identifying how electronic balance of interests and electronic 1999 commerce can facilitate the operation of commerce issue expertise. At that time, trade obligations. Joint Committee Update: The Joint however, no submissions were received The following Agreements were filed Committee is not a negotiating group; from interested consumer groups. The with the Department of Transportation rather it is examining a broad range of TPSC is now seeking to expand private under the provisions of 49 U.S.C. electronic commerce issues relevant to sector participation on the Joint sections 412 and 414. Answers may be identifying the environment that will Committee to include an expert on filed within 21 days of date of filing. extend the advantages of ecommerce consumer issues related to electronic Docket Number: OST–99–5618. throughout the Western Hemisphere, in commerce. Date Filed: May 3, 1999. part by keeping itself apprised of related Public Comments developments in other international Parties: Members of the International Air Transport Association. fora. In order to assist the TPSC in Subject: A meeting of Joint Committee identifying a U.S. private sector expert government representatives addressed on consumer issues related to electronic PTC2 EUR 0246 dated 4 May 1999 organizational issues in Miami in commerce, which are scheduled to be PTC2 EUR–ME 0075 dated 4 May October 1998. They scheduled four discussed at the June 14–16 meeting, 1999 additional meetings in Miami for 1999. members of the public are invited to At the meeting on January 6–8, the Mail Vote 001–Resolution 010g topics covered included small business, submit written notice of their interest TC2 Special Passenger Amending smaller economies, governments as and describe their qualifications. Resolution from Malta model users, business-to-business Qualifications of interest include: to Europe and from Malta to Middle applications, raising skills and demonstrated expertise in one or more East aspects of electronic commerce and awareness, network access and Intended effective date: 01 June 1999. reliability and standards for forms of consumer protection; an ability and transmissions. The meeting on April willingness to broadly solicit views Docket Number: OST–99–5665. 24–26 covered trade, tax and selected from and disseminate information to Date Filed: May 7, 1999. legal issues related to electronic consumer groups; and familiarity with Parties: Members of the International commerce and included expert U.S. and foreign trade and investment Air Transport Association. presentations by World Trade policies and obligations. Knowledge of Subject: Organization (WTO) personnel and the Western Hemisphere, including PTC2 EUR 0248 dated 4 May 1999 r1– World Intellectual Property established contacts with foreign private r6 Organization (WIPO) personnel. The sector interests in the region, would be meeting on June 14–16 is scheduled to helpful. PTC2 EUR 0249 dated 7 May 1999 r7– discuss issues related to jurisdiction and r18 Those persons wishing to make contract law, privacy, security and PTC2 EUR 0250 dated 7 May 1999 r19 written submissions should provide reliability, authentication, and PTC2 EUR 0251 dated 7 May 1999 r20 consumer protection, and to include twenty (20) typed copies (in English) no expert presentations by Internet later than noon, Friday, May 28, 1999 to PTC2 EUR 0252 dated 7 May 1999 r21 Corporation for Assigned Names and Gloria Blue, Executive Secretary, Trade TC2 Within Europe Expedited Numbers (ICANN) personnel and Policy Staff Committee, Office of the Resolutions r1–r21 United Nations Commission on U.S. Trade Representative, Room 122, Minutes—PTC2 EUR 0247 dated 4 International Trade Law (UNCITRAL) 600 17th Street, NW, Washington, D.C. May 1999 personnel. The fourth meeting on 20508. Tables—None August 30-September 1, will focus on Written submissions in connection Intended effective dates: 14 June other issues and on the report to with this request will be available for through 1 November 1999. Ministers. public inspection in the USTR Reading Joint Committee Private Sector Docket Number: OST–99–5668. Room, Room 101, Office of the United Representation: FTAA governments States Trade Representative, 600 17th Date Filed: May 7, 1999. decided that the Joint Committee would St., NW, Washington, D.C. An Parties: Members of the International include private sector representatives, Air Transport Association. which is consistent with President appointment to review the file may be Clinton’s principle that the private made by calling Brenda Webb (202) Subject: sector should take the lead in 395–6186. The Reading Room is open to PTC3 0333 dated 11 May 1999 developing the rules for global the public from 9:30 a.m. to 12 noon, Mail Vote 004—Resolution 010j electronic commerce. FTAA Vice and from 1 p.m. to 4 p.m. Monday TC3 Special Passenger Amending Ministers for trade determined that through Friday. Resolution between Korea individual governments would identify Frederick L. Montgomery, and Japan (Seoul/Fukushima) private sector participants, with a view Chairman, Trade Policy Staff Committee. Intended effective date: 1 June 1999. toward balanced hemispheric [FR Doc. 99–12377 Filed 5–14–99; 8:45 am] representation in terms of geography Dorothy W. Walker, BILLING CODE 3901±01±P and electronic commerce issue Federal Register Liaison. expertise. On August 6, 1998, a Federal [FR Doc. 99–12323 Filed 5–14–99; 8:45 am] Register notice (63 FR 42090) was BILLING CODE 4910±62±P

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DEPARTMENT OF TRANSPORTATION existing authority to serve New York driver licensing, training and education. and Chicago. This particular study focuses on the Office of The Secretary Dorothy W. Walker, identification of causes of commercial motor vehicle driver fatigue and the Notice of Applications for Certificates Federal Register Liaison. [FR Doc. 99–12322 Filed 5–14–99; 8:45 am] development of effective of Public Convenience and Necessity countermeasures. Prior research has BILLING CODE 4910±62±P and Foreign Air Carrier Permits Filed indicated that developing an Under Subpart Q During the Week understanding of current operational Ending May 7, 1999 DEPARTMENT OF TRANSPORTATION scheduling requirements is fundamental The following Applications for to any attempt to facilitate change Certificates of Public Convenience and Federal Highway Administration toward better shift systems that take into Necessity and Foreign Air Carrier account the needs of drivers, while at Reports, Forms and Recordkeeping Permits were filed under Subpart Q of the same time account for the economic Requirements; Agency Information the Department of Transportation’s realities of their employers and their Collection Activity Under OMB Review Procedural Regulations (See 14 CFR customers—shippers and receivers. Therefore, this study has two objectives: 302.1701 et. seq.). The due date for AGENCY: Federal Highway (1) to assess the operational scheduling Answers, Conforming Applications, or Administration, DOT. requirements of interstate motor carriers Motions to Modify Scope are set forth ACTION: Notice. below for each application. Following of passengers and property; and (2) to identify motor carrier scheduling the Answer period DOT may process the SUMMARY: In compliance with the requirements that have a positive effect application by expedited procedures. Paperwork Reduction Act of 1995 (44 on safety performance. Data will be Such procedures may consist of the U.S.C. 3501 et seq.), this notice gathered from industry focus groups and adoption of a show-cause order, a announces that the Information a mail survey to randomly-selected tentative order, or in appropriate cases Collection Request (ICR) abstracted participants in the motor carrier and a final order without further below has been forwarded to the Office motor coach industries, including proceedings. of Management and Budget (OMB) for upper-level management, safety Docket Number: OST–99–5619. review and comment. The ICR describes directors, dispatchers and drivers of Date Filed: May 3, 1999. the nature of the information collection Due Date for Answers, Conforming and its expected burden. The Federal passengers and property. Additionally, Applications, or Motions to Modify Register Notice with a 60-day comment the data generated from representative Scope: May 31, 1999. period soliciting comments on the samples of the interstate motor carrier Description: Application of Atlantic following information collection was industry will be analyzed to develop Air Transport Limited pursuant to 49 published on February 5, 1999 [64 FR causal inferences about or relationships U.S.C. Section 41301 and Subpart Q, 5853–5854]. between scheduling and related applies for a foreign air carrier permit to practices and safety performance. DATES: Comments must be submitted on Frequency: The survey will be engage in the charter foreign air or before June 16, 1999. conducted once. transportation of freight and cargo FOR FURTHER INFORMATION CONTACT: Estimated Burden: The estimated total between any point or points in the Philip Roke, Project Manager, (202) annual burden is 1,225 hours. United Kingdom and any point or 366–5884, Federal Highway ADDRESSES: Send comments to the points in the United States, either Administration, Office of Motor Carrier directly or via intermediate or beyond Office of Information and Regulatory and Highway Safety, Department of Affairs, Office of Management and points in other countries, with or Transportation, 400 Seventh Street, without stopovers; between any point or Budget, 725 17th Street, NW., SW., Washington, DC 20590. Office Washington, DC 20503, Attention: DOT points in the United States and any hours are from 7:30 a.m. to 4:30 p.m., point or points not in the United Desk Officer. Comments are invited on: e.t., Monday through Friday, except whether the proposed collection of Kingdom or the United States; and any Federal holidays. other charter flights authorized pursuant information is necessary for the proper SUPPLEMENTARY INFORMATION: performance of the functions of the to Part 212 of the Department’s Title: Motor Carrier Scheduling regulations. Department, including whether the Practices and Their Influence on Driver information will have practical utility; Docket Number: OST–99–5633. Fatigue. the accuracy of the Department’s Date Filed: May 4, 1999. Type of Request: Approval of a new estimate of the burden of the proposed Due Date for Answers, Conforming information collection. information collection; ways to enhance Applications, or Motions to Modify Affected Public: Interstate motor the quality, utility and clarity of the Scope: June 1, 1999. carrier executives, dispatchers, safety information to be collected; and ways to Description: Application of Turkish directors, and drivers of commercial minimize the burden of the collection of Airlines (Turk Hava Yollari, A.O.) motor vehicles carrying passengers and information on respondents, including pursuant to 14 C.F.R. Part 211 and property. the use of automated collection Subpart Q, applies to amend its existing Abstract: The Federal Highway techniques or other forms of information foreign air carrier permit in order to Administration’s (FHWA) Office of technology. A comment to OMB is most include the authority to engage in the Motor Carrier and Highway Safety, at effective if OMB receives it within 30 scheduled foreign air transportation of the direction and intent of Congress, is days of publication of this Notice. persons, property and mail between a conducting this study as a part of point or points in Turkey and the U.S. applied research that will address a Issued on: May 11, 1999. coterminal point Miami, Florida, on a number of safety issues of concern, such Michael J. Vecchietti, nonstop basis or via the intermediate as: driver fatigue and alertness; the Director, Office of Information and points Amsterdam and Brussels. application of emerging technologies to Management Services. Turkish Airlines also requests that ensure safety, productivity and [FR Doc. 99–12362 Filed 5–14–99; 8:45 am] Miami be coterminalized with its regulatory compliance; commercial BILLING CODE 4910±22±P

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DEPARTMENT OF TRANSPORTATION a.m. to 5 p.m. The summary minutes DEPARTMENT OF THE TREASURY and handouts will also be available on National Highway Traffic Safety NHTSA’s Web site at Announcements/ Fiscal Service Administration Public Meetings/at URL http:// www.nhtsa.dot.gov/nhtsa/announce/ Electronic Transfer Account Announcing the Seventeenth Meeting meetings/. AGENCY: Financial Management Service, of the Motor Vehicle Safety Research Fiscal Service, Treasury. Advisory Committee FOR FURTHER INFORMATION CONTACT: Rita Gibbons, Staff Assistant, Office of ACTION: Notice of public meeting. AGENCY: National Highway Traffic Research and Development, 400 Safety Administration (NHTSA), DOT. SUMMARY: On November 23, 1998, the Seventh Street, S.W., Room 6206, Department of the Treasury (Treasury) ACTION: Meeting announcement. Washington, DC 20590, telephone: (202) published for comment in the Federal 366–4862. Fax number: (202) 366–5930. SUMMARY: This notice announces the Register a notice setting forth proposed E-mail: [email protected]. seventeenth meeting of the Motor terms, conditions, and attributes of the Vehicle Safety Research Advisory Raymond P. Owings, Electronic Transfer Account (‘‘ETASM’’), Committee (MVSRAC) and a tentative Acting Chairperson, Motor Vehicle Safety a Treasury-designated account to which agenda. The Committee was established Research Advisory Committee. Federal payments will be made in accordance with the provisions of the [FR Doc. 99–12321 Filed 5–14–99; 8:45 am] electronically, As a next step in the Federal Advisory Committee Act to BILLING CODE 4910±59±P process, Treasury is conducting an obtain independent advice on motor informational briefing, open to the vehicle safety research. Discussions at public, to present an overview of the this meeting will include specific topics Financial Agency Agreement (‘‘FAA’’). in NHTSA’s Vehicle Safety and Human- DEPARTMENT OF THE TREASURY The FAA delineates the terms and Centered Research Programs. conditions under which a financial SM DATE AND TIME: The meeting is Federal Law Enforcement Training institution will operate the ETA and scheduled from 9 a.m. to 4 p.m. on May Center must be entered into with Treasury 26, 1999. before such services can be provided. ADDRESSES: The meeting will be held in Advisory Committee to the National DATES: May 26, 1999. 1:30 p.m. to 3:30 Room 6244–48 of the U.S. Department Center for State, Local, and p.m. of Transportation Building, which is International Law Enforcement ADDRESSES: International Trade Center, located at 400 Seventh Street, SW, Training Meeting Ronald Reagan Building, Polaris Room. Washington, DC. 1300 Pennsylvania Avenue, N.W., ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: In May Washington, D.C. 20004. Metro stop: l987, the Motor Vehicle Safety Research Federal Triangle. SUMMARY: Advisory Committee was established. The agenda for this meeting FOR FURTHER INFORMATION CONTACT: The purpose of the Committee is to includes remarks by the Committee co- Persons planning to attend this meeting provide an independent source of ideas chairs, Karen Wehner, Deputy Assistant are requested to notify Treasury of their for motor vehicle safety research. The Secretary (LE), Department of the intent by completing an Internet MVSRAC will provide information, Treasury, and Laurie Robinson, webform at http://www.fms.treas.gov/ advice and recommendations to NHTSA Assistant Attorney General, Office of eta/index.html, by sending an Internet on matters relating to motor vehicle Justice Programs, Department of Justice; e-mail to Martha.Thomas- safety research, and provide a forum for updates on Small Town and Rural [email protected] or the development, consideration, and Training Series (STAR) and the profiling [email protected], or by communication of motor vehicle safety videotape project for the Office of calling Martha Thomas-Mitchell at (202) research, as set forth in the MVSRAC Community Oriented Policing Services, 874–6757 or Matt Helfrich at (202) 874– Charter. and an overview by the Office for State 6754 by May 24, 1999. Persons notifying The meeting agenda will include and Local Domestic Preparedness Treasury by Internet e-mail should progress reports from the MVSRAC Support of the training programs for include their name and telephone working groups on Airbags, county and municipal fire and number. Organizations should provide Biomechanics, Vehicle Aggressivity and emergency medical personnel. the name of the organization and the Compatibility, Event Data Recorder, and DATES: May 19, 1999. name(s), title(s), and telephone Crash Avoidance Research. number(s) of the person(s) attending on The meeting is open to the public; ADDRESSES: Office of Justice Programs, behalf of the organization. but, attendance may be limited due to Department of Justice, Conference Room SUPPLEMENTARY INFORMATION: The Debt # space availability. Participation by the 3500, 810 Seventh Street, NW, Collection Improvement Act of 1996 public will be determined by the Washington, DC. (the ‘‘Act’’) requires, subject to the Committee Chairperson. FOR FURTHER INFORMATION CONTACT: authority of the Secretary of Treasury to The summary minutes of the meeting Hobart M. Henson, Director, National grant waivers, that all Federal payments and copies of materials handed out at Center For State, Local and International (other than payments under the Internal the meeting will be available for public Law Enforcement Training, Federal Law Revenue Code of 1986) made after inspection in the DOT Docket in Enforcement Training Center, Glynco, January 1, 1999, must be made by Washington, DC, within 3 weeks after Georgia 31524, 1–800–74FLETC. electronic funds transfer (‘‘EFT’’). the meeting. Copies of this material will The Treasury regulation then be available at ten cents a page Hobart M. Henson, implementing the requirements of the upon request to DOT Docket, Room PL– Director, National Center for State, Local, and Act, 31 CFR Part 208, was published on 401, 400 Seventh Street, SW, International Law Enforcement Training. September 25, 1998, and provides, in Washington, DC 20590. The DOT [FR Doc. 99–12436 Filed 5–13–99; 12:24 pm] part, that any individual who receives a Docket is open to the public from 10 BILLING CODE 4810±32±M Federal benefit, wage, salary, or

VerDate 30-APR-99 15:57 May 14, 1999 Jkt 183247 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.XXX pfrm08 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26815 retirement payment is eligible to open Paperwork Reduction Act of 1995, Request for Comments: Comments an account called an ETASM at any Public Law 104–13 (44 U.S.C. submitted in response to this notice will Federally-insured financial institution 3506(c)(2)(A)). Currently, the IRS is be summarized and/or included in the that offers the ETASM. 63 FR 51490. The soliciting comments concerning Form request for OMB approval. All ETASM is being developed to maximize 5713, and Schedules A, B, and C (Form comments will become a matter of opportunities for individuals receiving 5713), International Boycott Report. public record. Comments are invited on: Federal payments electronically to have DATES: Written comments should be (a) Whether the collection of access to an account at a reasonable cost received on or before July 16, 1999, to information is necessary for the proper and with the same consumer protections be assured of consideration. performance of the functions of the available to other account holders at the ADDRESSES: Direct all written comments agency, including whether the same financial institution. to Garrick R. Shear, Internal Revenue information shall have practical utility; On November 23, 1998, Treasury Service, room 5571, 1111 Constitution (b) the accuracy of the agency’s estimate published a Notice of Proposed ETASM Avenue NW., Washington, DC 20224. of the burden of the collection of Features in the Federal Register for a FOR FURTHER INFORMATION CONTACT: information; (c) ways to enhance the 45-day comment period. 63 FR 64820. Requests for additional information or quality, utility, and clarity of the SM The Notice proposed specific ETA copies of the forms and instructions information to be collected; (d) ways to attributes. Treasury also sought should be directed to Carol Savage, minimize the burden of the collection of comment on whether financial (202) 622–3945, Internal Revenue information on respondents, including institutions should be permitted to offer Service, room 5569, 1111 Constitution through the use of automated collection three additional features, at the option Avenue NW., Washington, DC 20224. techniques or other forms of information of the financial institution and at SUPPLEMENTARY INFORMATION: technology; and (e) estimates of capital additional cost, if any, to the recipient. Title: International Boycott Report. or start-up costs and costs of operation, Treasury received, and has reviewed, a OMB Number: 1545–0216. maintenance, and purchase of services total of 198 comment letters from Form Number: 5713, and Schedules to provide information. financial institutions, consumer A, B, and C (Form 5713). Approved: May 11, 1999. organizations, Federal agencies, and Abstract: Form 5713 and related Garrick R. Shear, others. Schedules A, B, and C are used by any Treasury is conducting this briefing to entity that has operations in a IRS Reports Clearance Officer. present an overview of the ETASM FAA. ‘‘boycotting’’ country. If that entity [FR Doc. 99–12383 Filed 5–14–99; 8:45 am] Those persons unable to attend the cooperates with or participates in an BILLING CODE 4830±01±U briefing in person will be able to obtain international boycott, it may lose a a copy of the FAA and any other portion of the following benefits: the handouts on the EFT website at http:// foreign tax credit, deferral of income of DEPARTMENT OF THE TREASURY www.fms.treas.gov/eft/eta. The FAA a controlled foreign corporation, Internal Revenue Service and any other handouts will be posted deferral of income of a domestic on the website shortly following the international sales corporation, or meeting. deferral of income of a foreign sales [PS±52±88] Treasury will subsequently publish a corporation. The IRS uses Form 5713 to Proposed Collection; Comment final notice in the Federal Register that determine if any of these benefits Request For Regulation Project describes the prescribed features of the should be lost. The information is also ETASM and includes the ETASM FAA. used as the basis for a report to the AGENCY: Internal Revenue Service (IRS), Dated: May 12, 1999. Congress. Treasury. Richard L. Gregg, Current Actions: There are no changes ACTION: Notice and request for being made to the forms at this time. comments. Commissioner. Type of Review: Extension of a [FR Doc. 99–12404 Filed 5–14–99; 8:45 am] currently approved collection. SUMMARY: The Department of the BILLING CODE 4810±35±M Affected Public: Business or other for- Treasury, as part of its continuing effort profit organizations, and individuals. to reduce paperwork and respondent Estimated Number of Respondents: DEPARTMENT OF THE TREASURY burden, invites the general public and 3,875. other Federal agencies to take this Estimated Time Per Respondent: 25 Internal Revenue Service opportunity to comment on proposed hours, 51 minutes. and/or continuing information Estimated Total Annual Burden Proposed Collection; Comment collections, as required by the Hours: 100,178. Paperwork Reduction Act of 1995, Request For Form 5713 and Schedules The following paragraph applies to all Public Law 104–13 (44 U.S.C. A, B, and C (Form 5713) of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is by this notice: AGENCY: Internal Revenue Service (IRS), soliciting comments concerning an Treasury. An agency may not conduct or sponsor, and a person is not required to existing final regulation, PS–52–88 (TD ACTION: Notice and request for 8455), Election to Expense Certain comments. respond to, a collection of information unless the collection of information Depreciable Business Assets. (§§ 1.179– SUMMARY: The Department of the displays a valid OMB control number. 2, 1.179–3). Treasury, as part of its continuing effort Books or records relating to a collection DATES: Written comments should be to reduce paperwork and respondent of information must be retained as long received on or before July 16, 1999, to burden, invites the general public and as their contents may become material be assured of consideration. other Federal agencies to take this in the administration of any internal ADDRESSES: Direct all written comments opportunity to comment on proposed revenue law. Generally, tax returns and to Garrick R. Shear, Internal Revenue and/or continuing information tax return information are confidential, Service, room 5571, 1111 Constitution collections, as required by the as required by 26 U.S.C. 6103. Avenue NW., Washington, DC 20224.

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FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of treated as an asset acquisition (a deemed Requests for additional information or information on respondents, including asset acquisition) when an appropriate copies of this regulation should be through the use of automated collection election is made. The collection of directed to Faye Bruce, (202) 622–6665, techniques or other forms of information information in this regulation is Internal Revenue Service, room 5577, technology; and (e) estimates of capital necessary to make the election, to 1111 Constitution Avenue NW., or start-up costs and costs of operation, calculate and collect the appropriate Washington, DC 20224. maintenance, and purchase of services amount of tax liability when a SUPPLEMENTARY INFORMATION: to provide information. qualifying stock acquisition is made, to Title: Election to Expense Certain Approved: May 11, 1999. determine the persons liable for such Depreciable Business Assets. Garrick R. Shear, tax, and to determine the bases of assets acquired in the deemed asset OMB Number: 1545–1201. IRS Reports Clearance Officer. acquisition. Regulation Project Number: PS–52–88 [FR Doc. 99–12384 Filed 5–14–99; 8:45 am] Final. Current Actions: There is no change to BILLING CODE 4830±01±U Abstract: The regulations provide this existing regulation. rules on the election described in Type of Review: Extension of a currently approved collection. Internal Revenue Code section 179(b)(4); DEPARTMENT OF THE TREASURY the apportionment of the dollar Affected Public: Business or other for- profit organizations. limitation among component members Internal Revenue Service of a controlled group; and the proper Estimated Number of Respondents: order for deducting the carryover of [CO±111±90] 45. Estimated Time Per Respondent: 34 disallowed deduction. The Proposed Collection; Comment min. recordkeeping and reporting Request For Regulation Project Estimated Total Annual Burden requirements are necessary to monitor Hours: 25 hours. AGENCY: Internal Revenue Service (IRS), compliance with the section 179 rules. The following paragraph applies to all Treasury. Current Actions: There is no change to of the collections of information covered this existing regulation. ACTION: Notice and request for by this notice. Type of Review: Extension of a comments. An agency may not conduct or currently approved collection. SUMMARY: The Department of the sponsor, and a person is not required to Affected Public: Individuals or respond to, a collection of information households, farms, and business or Treasury, as part of its continuing effort to reduce paperwork and respondent unless the collection of information other for-profit organizations. displays a valid OMB control number. Estimated Number of Respondents: burden, invites the general public and other Federal agencies to take this Books or records relating to a collection 20,000. of information must be retained as long Estimated Time Per Respondent: 45 opportunity to comment on proposed and/or continuing information as their contents may become material min. in the administration of any internal Estimated Total Annual Burden collections, as required by the Paperwork Reduction Act of 1995, revenue law. Generally, tax returns and Hours: 15,000 hours. tax return information are confidential, The following paragraph applies to all Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is as required by 26 U.S.C. 6103. of the collections of information covered Request For Comments: Comments by this notice. soliciting comments concerning an existing final and temporary regulation, submitted in response to this notice will An agency may not conduct or be summarized and/or included in the sponsor, and a person is not required to CO–111–90 (TD 8515), Revision of Section 338 Consistency Rules, request for OMB approval. All respond to, a collection of information comments will become a matter of unless the collection of information (Regulation §§ 1.338–1, 1.338(b)–1, 1.338(h)(10)–1.) public record. Comments are invited on: displays a valid OMB control number. (a) whether the collection of information DATES: Written comments should be Books or records relating to a collection is necessary for the proper performance received on or before July 16, 1999, to of information must be retained as long of the functions of the agency, including be assured of consideration. as their contents may become material whether the information shall have in the administration of any internal ADDRESSES: Direct all written comments practical utility; (b) the accuracy of the revenue law. Generally, tax returns and to Garrick R. Shear, Internal Revenue agency’s estimate of the burden of the tax return information are confidential, Service, room 5571, 1111 Constitution collection of information; (c) ways to as required by 26 U.S.C. 6103. Avenue NW., Washington, DC 20224. enhance the quality, utility, and clarity Request for Comments: Comments FOR FURTHER INFORMATION CONTACT: of the information to be collected; (d) submitted in response to this notice will Requests for additional information or ways to minimize the burden of the be summarized and/or included in the copies of this regulation should be collection of information on request for OMB approval. All directed to Faye Bruce, (202) 622–6665, respondents, including through the use comments will become a matter of Internal Revenue Service, room 5577, of automated collection techniques or public record. Comments are invited on: 1111 Constitution Avenue NW., other forms of information technology; (a) Whether the collection of Washington, DC 20224. and (e) estimates of capital or start-up information is necessary for the proper SUPPLEMENTARY INFORMATION: costs and costs of operation, performance of the functions of the Title: Revision of Section 338 maintenance, and purchase of services agency, including whether the Consistency Rules. to provide information. information shall have practical utility; OMB Number: 1545–1295. (b) the accuracy of the agency’s estimate Regulation Project Number: CO–111– Approved: May 11, 1999. of the burden of the collection of 90 Final and Temporary. Garrick R. Shear, information; (c) ways to enhance the Abstract: Section 338 of the Internal IRS Reports Clearance Officer. quality, utility, and clarity of the Revenue Code provides rules under [FR Doc. 99–12385 Filed 5–14–99; 8:45 am] information to be collected; (d) ways to which a qualifying stock acquisition is BILLING CODE 4830±01±U

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DEPARTMENT OF THE TREASURY subject to the availability of funding. families and would have excursions to The basic model for the program is the important historic and cultural sites in Office of Thrift Supervision information of a one-to-one partnership the host communities. Ideally, the [AC±4: OTS No. 6519] in which the participating student schools on both sides would have bodies and faculties in the partner Internet access so that they can maintain Douglas Federal Bank, a Federal schools engage in joint thematic projects regular communication via E mail and Savings Bank, Douglasville, GA; throughout the academic year. During use the Internet to develop their joint Approval of Conversion Application the year, there will be a non- projects. If they lack this, funding for simultaneous exchange, each school the program might include some Notice is hereby given that on May 6, sending and hosting ten students and support to bring the schools online. 1999, the Director, Office of one or two teachers for a minimum Please refer to Solicitation Package for Examination and Supervision, Office of three-week period. Once the linkages further information. Thrift Supervision, or his designee, are established, the partner schools acting pursuant to delegated authority, could decide on any variations, Eligibility approved the application of Douglas involving longer stays for individuals or USIA will award a grant to one Federal Bank, a Federal Savings Bank, small groups. organization, which will coordinate the Douglasville, Georgia, to convert to the Guidelines whole program. Eligible applicants stock form of organization. Copies of the include: non-profit, community-based application are available for inspection Although the project seeks to target organizations with exchange experience, communities in the U.S. that have at the Dissemination Branch, Office of a school system or network of schools, concentrations of immigrants from the Thrift Supervision, 1700 G Street, NW, and universities with established ties to Azores and Cape Verde, the goal is to Washington, DC 20552, and the secondary schools. Criteria for selection include a broad spectrum of the Southeast Regional Office, Office of include: (1) experience conducting high population of those communities. The Thrift Supervision, 1475 Peachtree school exchanges; (2) some familiarity areas of greatest interest are eastern Street, NE, Atlanta, GA 30309. with the Azores and Cape Verde; (3) Rhode Island and east central and Dated: May 11, 1999. ability and commitment to supplement southeastern Massachusetts. The the grant funds with private sector By the Office of Thrift Supervision, American Consulate in Ponta Delgada contributions; and (4) low Nadine Y. Washington, will choose the communities and Corporate Secretary. schools in the Azores, and the American administrative overhead costs. [FR Doc. 99–12371 Filed 5–14–99; 8:45 am] Embassy in Praia will do the same for Applicant organizations with less than four years of experience in conducting BILLING CODE 6720±01±P Cape Verde. The American administering organization, chosen international exchange programs will be through this competition, will select the ineligible for this competition. For complete judging criteria, see below. UNITED STATES INFORMATION American partner schools. Once the J–1 visa regulations and USIA policy AGENCY linkage is established, each school pair will choose a project on a theme of require that the students participating in Azores and Cape Verde School interest to the participating countries the exchange component be between the Partnership Program and U.S. regions. Possible themes ages of 14 and 18.5 years of age and that include civic education and those who represent US schools be ACTION: Request for proposals. comparative political systems, the American citizens. SUMMARY: The Youth Programs Division, environment (with special focus on the Budget Guidelines oceans), agriculture and aquaculture, Office of Citizen Exchanges, of the The grant is intended to subsidize United States Information Agency’s health education, preparation for careers or vocations, and international security international and in-country airfare, Bureau of Educational and Cultural program enhancements, and participant Affairs announces an open competition issues. In each school, students and teachers would work on aspects of these stipends. Host communities are for the Azores and Cape Verde School expected to cover many local expenses Partnership Program. Public and private projects throughout the academic year, corresponding with their counterparts and participants should be lodged with non-profit organizations meeting the in the partner schools, exchanging volunteer host families (compensation provisions described in IRS regulation materials, and working toward a for host families is not allowable). 26 CFR 1.501(c) may submit proposals culmination when the exchange Participants are expected to contribute for a project in which three American participants get together. This ensures to their travel and living expenses. high schools will be paired with two that the program has a didactic purpose Administrative (indirect) expenses over schools in the Azores and one in Cape and that it involves the general 20% will be judged less competitive. Verde for the purpose of exchanges of populace in the schools. Each side will Applicants must submit a students and teachers and to develop also introduce its school communities to comprehensive budget for the entire joint projects on themes relating to areas the language, culture, and geography of program. There must be a summary of common interest between the United the partner country. A merit-based budget as well as breakdowns reflecting States and the Azores/Cape Verde. selection process would be worked out both administrative and program Program Information by the partner schools to ensure that the budgets. Please refer to the Solicitation participants in the exchange phase are Package for complete budget guidelines Overview well qualified, prepared and motivated and formatting instructions. The grant One grant of up to $100,000 will be and will represent their communities award will not likely be available before awarded to sponsor a one-year well. Exchanges should take place while September 1. For the successful secondary school partnership program schools are in session so that the applicant organization, grant-funded involving activities during academic participants can attend classes and activity may not begin until after that year 1999–2000. If successful, one or experience scholastic activities. All date and should conclude by December two follow-on grants may be possible, participants would live with host 31, 2000.

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Announcement Title and Number: All with the goal of reducing the time it Counsel or by other Agency elements. correspondence with USIA concerning takes to get posts’ comments for the Final funding decisions are at the this RFP should reference the above title Agency’s grants review process. discretion of USIA’s Associate Director and number E/PY–99–58. for Educational and Cultural Affairs. Diversity, Freedom and Democracy Final technical authority for assistance FOR FURTHER INFORMATION, CONTACT: The Guidelines Youth Programs Division, E/PY, Room awards (grants or cooperative 568, U.S. Information Agency, 301 4th Pursuant to the Bureau’s authorizing agreements) resides with the USIA Street, SW, Washington, DC 20547, 202– legislation programs must maintain a Grants Officer. non-political character and should be 619–6299; fax 619–5311; Internet Review Criteria address RPersiko@usia. gov to request a balanced and representative of the Solicitation Package. The Solicitation diversity of American political, social, Technically eligible applications will Package contains detailed award and cultural life. Diversity should be be competitively reviewed according to criteria, required application forms, interpreted in the broadest sense and the criteria stated below. These criteria specific budget instructions, and encompass differences including, but are not rank ordered and all carry equal standard guidelines for proposal not limited to ethnicity, race, gender, weight in the proposal evaluation: 1. Quality of the program idea: preparation. Please specify USIA religion, socio-economic status, and Proposals should exhibit originality, Program Officer, Robert Persiko on all physical challenges, as well as location and substance, relevance to the other inquiries and correspondence. of activities. Applicants are strongly Agency’s goals as outlined above, Please read the complete Federal encouraged to adhere to the accuracy and clarity. Register announcement before sending advancement of this principle both in 2. Program planning: Detailed agenda inquiries or submitting proposals. Once program administration and in program and work plan should demonstrate the RFP deadline has passed, Agency content. Please refer to the review criteria organizational competency and staff may not discuss this competition under the ‘Support for Diversity’ section logistical capacity. Agenda and plan with applicants until the proposal for specific suggestions on incorporating should adhere to the program overview review process has been completed. diversity into the total proposal. and guidelines described above. To Download A Solicitation Package 3. Ability to achieve program via Internet: The entire Solicitation Year 2000 Compliance Requirement objectives: Objectives should be Package may be downloaded from (Y2K Requirement) expressed in terms that are quantifiable, USIA’s website at http://e.usia.gov/ The year 2000 (Y2K) issue is a broad measurable, and achievable. Proposals education/rfps. Please read all operational and accounting problem should clearly demonstrate how the information before downloading. that could potentially prohibit institution will meet the program’s To Receive A Solicitation Package via organizations from processing stated objectives. Fax on Demand: The entire Solicitation information in accordance with Federal 4. Multiplier effect/impact: The Package may be requested from the management and program specific proposed program should strengthen Bureau’s Grants Information Fax on requirements including data exchange long-term mutual understanding, Demand System, which is accessed by with USIA. The inability to process including maximum sharing of calling 202/401–7616. The Table of information in accordance with Federal information and establishment of long- Contents listing available documents requirements could result in grantees’ term institutional and individual and order numbers should be the first being required to return funds that have linkages. order when entering the system. not been accounted for properly. 5. Support of Diversity: Proposals Deadline for Proposals: All proposal USIA therefore requires all should indicate how the projects will copies must be received at the U.S. organizations use Y2K complaint serve to demonstrate the diversity of Information Agency by 5 p.m. systems including hardware, software, American society. Applicants should Washington, DC time on Monday, June and firmware. Systems must accurately focus both on program administration 28, 1999. Faxed documents will not be process data and dates (calculating, (selection of participants, program accepted at any time. Documents comparing and sequencing) both before venue and program evaluation) and postmarked the due date but received and after the beginning of the year 2000 program content (orientation and wrap- on a later date will not be accepted. and correctly adjust for leap years. up sessions, program activities, resource Each applicant must ensure that the Additional information addressing the materials and follow-up activities). proposals are received by the above Y2K issue may be found at the General 6. Institutional Capacity: Proposed deadline. Services Administration’s Office of personnel and institutional resources Applicants must follow all Information Technology website at should be adequate and appropriate to instructions in the Solicitation Package. http://www.itpolicy.gsa.gov. implement the program efficiently and The original and eight (8) copies of the effectively. application should be sent to: U.S. Review Process 7. Institution’s Record/Ability: Information Agency, Ref.: E/PY–99–58, USIA will acknowledge receipt of all Proposals should demonstrate an Office of Grants Management, E/XE, proposals and will review them for institutional record of relevant Room 568, 301 4th Street, SW, technical eligibility. Proposals will be successful exchange activities, as well Washington, DC 20547. deemed ineligible if they do not fully as responsible fiscal management and Applicants must also submit the adhere to the guidelines stated herein full compliance with all reporting ‘‘Executive Summary’’ and ‘‘Proposal and in the Solicitation Package. All requirements for past Agency grants as Narrative’’ sections of the proposal on a eligible proposals will be reviewed by determined by USIA’s Office of 3.5′′ diskette, formatted for DOS. These the program office, as well as the USIA Contracts. The Agency will review the documents must be provided in ASCII area offices and the relevant USIA posts past performance of prior recipients or text (DOS) format with a maximum line overseas. Eligible proposals will be consider the demonstrated potential of length of 65 characters. USIA will forwarded to panels of USIA officers for new applicants. transmit these files electronically to advisory review. Proposals may also be 8. Follow-on Activities: Proposals USIS posts overseas for their review, reviewed by the Office of the General should provide a plan for maintaining

VerDate 06-MAY-99 12:05 May 14, 1999 Jkt 183247 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\A17MY3.145 pfrm04 PsN: 17MYN1 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Notices 26819 the linkages without US Government USIA’s geographic areas offices and Notice support and facilitating ongoing officers in USIS missions/American Term terms and conditions published communication between the partners. embassies in the two countries in terms in this RFP are binding and may not be 9. Project Evaluation: Proposals of the adequacy of program plan. modified by any USIA representative. should include a plan to evaluate the Authority Explanatory information provided by activity’s success in terms of achieving the Agency that contradicts published the stated objectives, both as the Overall grant making authority for language will not be binding. Issuance activities unfold and at the end of the this program is contained in the Mutual of the RFP does not constitute an award program. A draft survey questionnaire Educational and Cultural Exchange Act commitment on the part of the or other technique plus description of a of 1961, Pub. L. 87–256, as amended, Government. The Agency reserves the methodology to use to link outcomes to also known as the Fulbright-Hays Act. right to reduce, revise or increase original project objectives is The purpose of the Act is ‘‘to enable the proposal budgets in accordance with the recommended. Successful applicants needs of the program and the will be expected to submit one interim Government of the United States to increase mutual understanding between availability of funds. Awards made will and a final program and financial report. be subject to periodic reporting and 10. Cost-effectiveness: The overhead the people of the United States and the evaluation requirements. and administrative components of the people of other countries * * *; to proposal, including salaries and strengthen the ties which unite us with Notification other nations by demonstrating the honoraria, should be kept as low as Final awards cannot be made until possible. All other items should be educational and cultural interests, developments, and achievements of the funds have been appropriated by necessary and appropriate. Congress, allocated and committed people of the United States and other 11. Cost-sharing: Proposals should through internal USIA procedures. maximize cost-sharing through nations * * * and thus to assist in the participant contributions and other development of friendly, sympathetic Dated: May 11, 1999. private sector support, as well as and peaceful relations between the Judith S. Siegel, institutional direct funding United States and the other countries of Acting Deputy Associate Director for contributions. the world.’’ The funding authority for Educational and Cultural Affairs. 12. Value to U.S.-Partner Country the program above is provided through [FR Doc. 99–12374 Filed 5–14–99; 8:45 am] Relations: Proposals will be assessed by legislation. BILLING CODE 8320±01±M

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DEPARTMENT OF ENERGY fuel’’ under the Alternative Fuel specialty chemical in consumer Transportation Program (Program) products and/or process industries. Pure Office of Energy Efficiency and regulations (10 CFR part 490). DOE Energy Corporation has developed a Renewable Energy published in the Federal Register the thermochemical technology to produce proposed rulemaking on July 28, 1998, MTHF from cellulosic feedstocks 10 CFR Part 490 63 FR 40202. Pure Energy Corporation’s through a levulinic acid pathway. [Docket No. EE±RM±98±PURE] P-series fuels are blends of ethanol, Levulinic acid is a crystalline keto acid RIN 1904±AA99 methyltetrahydrofuran (MTHF), and obtained by action of dilute acids on pentanes plus, with butane added to hexoses (six-carbon sugars like glucose Alternative Fuel Transportation blends that would be used in severe or fructose) and on substances, such as Program; P-Series Fuels cold-weather conditions to meet engine starch or sucrose, that yield hexoses on cold start requirements. Pure Energy hydrolysis. The company integrates this AGENCY: Office of Energy Efficiency and Corporation has represented that both process with an ethanol production Renewable Energy, Department of the ethanol and the MTHF will be system to achieve technical and Energy (DOE). derived from renewable resources, such ACTION: Notice of final rulemaking. as cellulosic biomass from waste paper, economic efficiencies. In this process, the lignocellulosic feedstock is SUMMARY: In response to a petition filed agricultural waste and urban/industrial wood waste. Pure Energy Corporation converted into both five- and six-carbon by Pure Energy Corporation, DOE is sugars, which are then bifurcated into amending the rules for the statutory plans to use pentanes plus derived from fermentation and thermochemical program that requires certain alternative the processing and production of pathways to produce ethanol and fuel providers and State government natural gas, as opposed to those derived MTHF, respectively. fleets to acquire alternative fueled from petroleum refining processes. Pure vehicles. The regulatory amendments Energy Corporation holds the exclusive Pure Energy Corporation has add three specific blends of worldwide license to manufacture and developed several formulations of the P- methyltetrahydrofuran, ethanol and distribute the P-series fuels, which were series fuels. The company proposes to hydrocarbons (known as ‘‘P-series’’ developed by Dr. Stephen Paul of vary the components of its P-series fuels fuels) to the definition of ‘‘alternative Princeton University. The P-series fuels to meet particular market demands. The fuel.’’ were awarded Patent number 5,697,987 three formulations described in Table 1 by the United States Patent and EFFECTIVE DATE: June 16, 1999. (Pure Regular, Pure Premium and Pure Trademark Office on December 16, FOR FURTHER INFORMATION CONTACT: Cold Weather) are those for which Pure 1997. DOE’s evaluation of Pure Energy Kenneth R. Katz, Office of Energy Energy Corporation, in its petition, Corporation’s petition is restricted to Efficiency and Renewable Energy, (EE– provided specific energy and emissions three of the formulations covered under 34), U.S. Department of Energy, 1000 data. The company claims that the this patent. Independence Avenue, S.W., To make the P-series fuels, Pure volumetric percentages of each of the Washington, D.C. 20585, (202) 586– Energy Corporation will be producing components of the P-series fuels can 9171. ethanol and MTHF through an range from 10 percent to 50 percent for SUPPLEMENTARY INFORMATION: integrated process. The company pentanes plus; from 15 percent to 55 I. Introduction and Background expects to use commercially proven percent for MTHF; from 25 percent to 55 concentrated acid hydrolysis as its base percent for ethanol; and from zero to 15 A. Fuel Characteristics technology for this integrated percent for normal butane. Table 1 On June 30, 1997, Pure Energy production process. MTHF is currently provides the compositions, by volume, Corporation petitioned DOE for a produced in limited quantities from of the three specific P-series fuel rulemaking to add its proprietary fuel furfural (derived from both biomass and formulations which are the subject of products to the definition of ‘‘alternative petroleum feedstocks) for use as a this rulemaking.

TABLE 1ÐVOLUME COMPOSITION OF THE P-SERIES FUELS

Premium Cold weather Constituent Regular (percent) (percent)

Pentanes plus ...... 32.5 27.5 16.0 MTHF ...... 32.5 17.5 26.0 ethanol ...... 35.0 55.0 47.0 normal butane ...... 0.0 0.0 11.0

Based on the data supplied in the vehicles are currently available from and Trademark Office’s abstract for this petition, the composition of P-series two major domestic auto manufacturers patent reads: fuels varies from 60 to 100 percent non- as mid-size sedans, minivans and A spark ignition motor fuel composition petroleum, on an energy basis, compact pickup trucks. consisting essentially of: a hydrocarbon depending on the source of the pentanes B. Patent component containing one or more plus and n-butane components of the hydrocarbons selected from five to eight blends. On December 16, 1997, the United carbon atoms straight-chained or branched Pure Energy Corporation intends to States Patent and Trademark Office alkanes essentially free of olefins, aromatics, market the P-series fuels to owners of issued U.S. Patent No. 5,697,987, titled benzene and sulfur, wherein the hydrocarbon flexible fuel vehicles (FFVs) designed to Alternative Fuel, to Princeton component has a minimum anti-knock index operate on E–85 (85 percent ethanol/15 University on a new non-petroleum of 65 as measured by ASTM D–2699 and D– percent gasoline), on gasoline, or on any fuel, for spark-ignition engines, called 2700 and a maximum DVPE of 15 psi as blend of those two fuels. Flexible fuel the P-series. The United States Patent measured by ASTM D–5191; a fuel grade

VerDate 06-MAY-99 15:07 May 14, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\17MYR2.XXX 17myr2 PsN: 17MYR2 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations 26823 alcohol; and a co-solvent for the hydrocarbon benefits and substantial environmental narrow or broad sense. DOE proposed to component and the fuel grade alcohol; benefits.’’ [Emphasis added.] 42 U.S.C. designate P-series fuel blends as wherein the hydrocarbon component, the 13211(2). The emphasized phrase in the alternative fuels if, like the three P- fuel grade alcohol and the co-solvent are definition of ‘‘alternative fuel’’ states the series blends described in Pure’s present in amounts selected to provide a motor fuel with a minimum anti-knock index minimum procedural and substantive petition, they are at least 60 percent of 87 as measured by ASTM D–2699 and D– requirements for adding a new fuel non-petroleum in energy terms. 2700, and a maximum DVPE of 15 psi as blend to the list of fuels enumerated or In its comments, Pure Energy measured by ASTM D–5191. A method for implicitly covered by the provisions of Corporation endorsed DOE’s statement lowering the vapor pressure of a section 301(2). regarding fuels of 50 percent or greater hydrocarbon-alcohol blend by adding a co- For reasons set forth in detail below, non-petroleum content. The company solvent for the hydrocarbon and the alcohol DOE determines that the three P-series went on to state its belief that to the blend is also disclosed. fuels described in Pure Energy ‘‘* * * 50 percent minimum non- C. Background Corporation’s petition (Pure Regular, petroleum energy content is the right standard as a matter of law and public 10 CFR part 490 implements, in part, Pure Premium and Pure Cold Weather) and by United States Patent number policy * * *’’ The company submitted title V of the Energy Policy Act of 1992 data on a fourth P-series formulation it (EPACT) (Public Law 102–486) which 5,697,987, which contain at least 60 percent non-petroleum energy content claimed meets the standards for mandates alternative fueled vehicle ‘‘substantial energy security benefits’’ acquisition requirements for certain derived from MTHF, which must be manufactured solely from biological and ‘‘substantial environmental alternative fuel providers and State benefits,’’ but which is 52.3 percent government fleets. Part 490 is one of a materials, and ethanol, which must be manufactured solely from biological non-petroleum in energy content. Pure variety of EPACT programs to promote Energy Corporation requested that DOE, alternative and replacement fuels that materials, are substantially not petroleum and would yield substantial in its final rulemaking, set a minimum reduce reliance on imported oil, reduce non-petroleum energy content for P- criteria pollutant and greenhouse gas energy security benefits and substantial environmental benefits, and thus are series fuels at 50 percent, rather than at emissions, increase energy efficiency, the 60 percent level proposed in the and help displace 10 percent of hereby added to the definition of ‘‘alternative fuel’’ in 10 CFR 490.2. NOPR. conventional motor fuels by 2000 and The vehicle emissions test data for the 30 percent by 2010. II. Discussion of Public Comments fourth P-series blend submitted by Pure Title III of EPACT requires Federal A. Pure Energy Corporation Comments Energy Corporation with its comments fleet acquisitions of alternative fueled were inconclusive. Therefore, DOE vehicles. Title IV includes specific Pure Energy Corporation, the asked the company to submit additional authority for a financial incentive petitioner, was among those submitting data. In order to proceed in an program for States, a public information comments to DOE in response to the expeditious manner, DOE is electing to program, and a program for certifying Notice of Proposed Rulemaking (NOPR) proceed with the final rule on the three alternative fueled vehicle technician (63 FR 40202). In the NOPR, DOE noted P-series blends described in Pure Energy training programs. In addition to the that neither the Energy Policy Act of Corporation’s original petition, and will mandates for the purchase of alternative 1992 (the Act), nor the language of address the fourth formulation when we fueled vehicles by certain alternative legislative committee reports, provides receive the additional data. fuel providers and State government any guidance on how to measure fleets, title V provides for a possible whether a fuel is ‘‘substantially non- B. Other Public Comments similar mandate for certain private and petroleum.’’ The word ‘‘substantially,’’ In addition to Pure Energy municipal fleets. Title VI provides for a DOE observed, ‘‘* * * is sometimes Corporation, forty-two other firms, program to promote electric motor used as a synonym for the word organizations and individuals submitted vehicles. ‘mainly’ ’’ and ‘‘* * * at other times as comments in response to the NOPR. The The types of vehicles that satisfy the a synonym for the words ‘considerably’ majority of these spoke in favor of alternative fuel provider and State or ‘importantly.’ ’’ Whether to construe granting Pure Energy Corporation’s government fleet mandates in title V are ‘‘substantially’’ in the first, narrower petition, with none of their comments determined in part by the definition of sense or in the latter, broader one, DOE raising a significant issue regarding the ‘‘alternative fuel’’ in section 301(2). That said, was a policy question. DOE further rule. Three commenters, however, definition provides: ‘‘Alternative fuel’ said, ‘‘Obviously, a fuel that is more raised objections to DOE’s granting the means methanol, denatured ethanol, than 50 percent non-petroleum in petition. Their comments and DOE’s and other alcohols; mixtures containing energy-equivalent terms is ‘mainly’ and responses to them are summarized 85 percent or more (or such other therefore ‘substantially non- below. percentage, but not less than 70 percent, petroleum.’ ’’ ( 63 FR 40204). Fuels of One commenter raised the possibility as determined by the Secretary, by rule, less than 50 percent non-petroleum that reactions could occur between the to provide for requirements relating to content could still be regarded as methyltetrahydrofuran (MTHF) cold start, safety, or vehicle functions) ‘‘substantially non-petroleum’’ if component of P-series fuels and metallic by volume of methanol, denatured ‘‘substantially’’ were construed in the engine components containing ethanol, and other alcohols with broader sense, DOE reasoned, since molybdenum. (For example, gasoline or other fuels; natural gas; such fuels could be regarded as molybdenum is sometimes used as a liquefied petroleum gas; hydrogen; coal- ‘‘considerably’’ or ‘‘importantly’’ non- ‘‘facing’’ material on engine piston derived liquid fuels; fuels (other than petroleum. Because all three of the P- rings.) The commenter expressed alcohol) derived from biological series fuel formulations Pure Energy concern that such reactions could materials; electricity (including Corporation described in its petition are degrade those components and lead to electricity from solar energy); and any more than 60 percent non-petroleum in the formation of hydrogen which could other fuel the Secretary determines, by energy terms, DOE elected not to in turn lead to hydrogen embrittlement rule, is substantially not petroleum, and address the policy question of whether of engine parts. This commenter cited would yield substantial energy security to construe ‘‘substantially’’ in the work reported in the Bulletin of the

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Korean Chemical Society in which (the butane and pentanes plus),’’ urged warranties is the responsibility of the molybdenum atoms were observed to DOE to resolve the issue of ‘‘* ** vehicle manufacturers, and DOE’s break apart the chemical bonds in whether P-series fuel meets the decision to grant the P-series fuels MTHF, among other compounds. definition of ‘substantially non- alternative fuel status in no way limits DOE’s examination of the work cited petroleum.’ ’’ As DOE noted in the manufacturers’ prerogatives in this revealed that the Korean researchers had NOPR, the P-series fuels that are the regard. Ultimately, it will be up to vaporized a molybdenum wire with subject of this rulemaking are a vehicle manufacturers to determine the very high electric currents to produce minimum of 63.8 percent non- effects of fuels on their products and to free molybdenum atoms. Molybdenum’s petroleum on an energy basis, and DOE decide whether they wish to test or melting point is over 4750 °F. and its regards this as sufficient to qualify them certify their vehicles on those fuels. boiling point is over 8380 °F. These as ‘‘substantially non-petroleum.’’ A third commenter opposed the temperatures are far higher than any Further, the butane and pentanes plus designation of P-series fuels as actually experienced by any part of an may as easily be derived from natural alternative fuels under the Act. This internal combustion engine. Thus, there gas processing as from petroleum commenter stated the belief ‘‘* * * that is little likelihood that free molybdenum refining, and hence may also be non- a fuel mixture that contains only 60 atoms could be liberated from petroleum. In that case, P-series fuels percent non-petroleum fuel should not molybdenum-bearing engine parts to would be 100 percent non-petroleum. be classified as an alternative fuel.’’ react in the gas phase with MTHF. The commenter also pointed out that, DOE disagrees with this statement and Moreover, hydrogen embrittlement is ‘‘Fuels must also have tightly controlled stands by the reasoning that led to its not a problem in current engines, specifications for proper combustion initial affirmative determination to despite the fact that free hydrogen may and vehicle operation. It is critical that proceed with a rulemaking, as explained be produced as a combustion performance-based fuel specifications in the NOPR. ‘‘Furthermore,’’ the intermediate whenever any hydrogen- be established and enforced.’’ Lack of commenter went on, ‘‘there is no bearing fuel is used. Therefore, there is such specifications, the commenter said, assurance that the fuels under no reason to expect that P-series fuels would increase the difficulty vehicle consideration actually will have even will engender hydrogen embrittlement manufacturers would encounter in this level of non-petroleum content, problems. meeting increasingly stringent since some of the components of the The commenter raised the possibility emissions standards and permit wide fuels can come from petroleum or non- that molybdenum could also lead to variations of in-use fuel properties. This petroleum feedstocks.’’ This comment similar hydrogen-related problems in in turn would ‘‘limit vehicle appears to arise from a misreading of the fuel storage systems. Molybdenum is a manufacturer and consumer interest in NOPR. In fact, the minimum non- key ingredient in hydro treating these fuels.’’ DOE recognizes the petroleum content of the P-series fuels catalysts. These catalysts are used in validity of this concern, but the that are the subject of this rulemaking is refining processes which remove sulfur establishment of practical, detailed fuel 63.8 percent (on an energy basis). If the from petroleum and natural gas liquids specifications lies outside DOE’s balance of the blend constituents are and otherwise improve their properties. authority. Traditionally, such from natural gas processing, the blend The commenter suggested that specifications are arrived at through a will be wholly (100 percent) from non- molybdenum would be carried over consensus of fuel producers and users, petroleum sources. from these catalysts in the pentanes plus based on economics and performance. In evaluating the P-series fuels, and in and subsequently react with other P- The American Society for Testing and light of feedback received that expressed series fuel components to generate Materials (ASTM) provides one example concerns similar to those of the above hydrogen by the same reactions the of an appropriate forum for achieving commenter, DOE became concerned that commenter had proposed would occur such a consensus. DOE will be available Pure Energy Corporation would have in engines. This problem does not exist to assist those organizations with the the ability to utilize ethanol that is not with other fuels that have undergone establishment of detailed fuel manufactured from biomass or hydro treatment, so it is unlikely it will specifications for the P-series fuels. biological materials. It is possible to exist with P-series fuels. In hydro Finally, the commenter pointed out manufacture ethanol from petroleum, treating catalyst formulations, that existing flexible fuel vehicle for example, by the hydration of molybdenum exists in the form of products have not been designed to ethylene. DOE believes that Pure Energy molybdenum disulfide, not as metallic operate on P-series fuels and have not Corporation fully intends to molybdenum. The Korean research that been validated for operation on these manufacture the ethanol included in the the commenter cited indicates that fuels, notwithstanding the emissions P-series fuels from biological materials. metallic molybdenum and extremely testing carried out by Pure Energy However, because DOE has some high temperatures are needed to Corporation. ‘‘It would be inappropriate concerns about the availability of promote the reactions the commenter to state or imply such a capability,’’ the biologically derived ethanol, it was fears will lead to hydrogen formation. commenter said. The commenter added decided to limit the ethanol feedstock Finally, noting the high ethanol that use of P-series fuels in existing for the P-series fuels to biological content of P-series fuels, this commenter flexible fuel vehicles or in future materials. Therefore, the parenthetical expressed the concern that vehicles not certified with P-series fuels phrase ‘‘manufactured solely from contamination of the fuels by water could void the manufacturers’ biological materials’’ has been added to would lead to fuel phase separation. warranties. DOE also acknowledges the the regulatory language as a qualifier for DOE believes the fuels industry has validity of these comments. DOE has not the ethanol feedstock. accumulated ample experience in stated or implied, by granting The commenter also raised several handling and distributing fuels alternative fuel status to P-series fuels, procedural objections to DOE’s containing varying proportions of that available vehicles were proposed granting of alternative fuel ethanol over the past 20 or more years manufactured to operate on the fuels or status to Pure’s P-series fuels. The first to prevent this from being a concern. that use of the fuels will not void of these is the commenter’s contention A second commenter, citing P-series’ vehicle warranties. How and under that ‘‘DOE must define new alternative ‘‘wide variation in petroleum content what circumstances to honor product fuel blends in the same way existing

VerDate 06-MAY-99 12:28 May 14, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\A17MY0.008 pfrm04 PsN: 17MYR2 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations 26825 blends are defined.’’ According to the always contain any petroleum new fuel: (1) is ‘‘substantially not commenter, ‘‘In attempting to expand component. petroleum’’ and (2) would yield the list of alternative fuels, DOE has The three criteria enumerated in ‘‘substantial energy security benefits;’’ improperly construed the statute’s section 301(2), which DOE has used in and (3) would yield ‘‘substantial requirement that new fuels must be making this determination (and, as environmental benefits.’’ Moreover, the ‘substantially non-petroleum.’ directed by Congress, will be used in Act does not state that these criteria are Moreover, in interpreting the term making future determinations) represent exclusive; in appropriate circumstances, ‘substantially,’ DOE has completely a rigorous standard by which to measure DOE could consider other criteria ignored the guidelines established for the efficacy of potential alternative fuels related to achievement of the purposes fuel blends/mixtures explicitly in achieving the overall goals of the of the Program. recognized in the Act.’’ The Energy Policy Act. DOE believes that Legislative committee report language commenter’s reference is to section analysis of potential alternative fuels by likewise does not identify specifically 301(2) of the Act, which says (in part): these criteria is appropriate and what numbers and measures Congress ‘‘the term ‘alternative fuel’ means statutorily required. viewed as defining the minimums that methanol, denatured ethanol, and other The commenter also expressed the would qualify as substantially not alcohols; mixtures containing 85 view that DOE erred in making its petroleum, and that would satisfy the percent or more (or such other determination of whether a fuel is substantial energy security and percentage, but not less than 70 percent, substantially non-petroleum on the substantial environmental benefits as determined by the Secretary, by rule, basis of the fuel’s energy content, rather criteria. However, the report of the to provide for requirements relating to than on the basis of the volume of the House Committee on Energy and cold start, safety, or vehicle functions) fuel that is non-petroleum. The Commerce described the pertinent by volume of methanol, denatured commenter said, ‘‘DOE’s notice [the language in section 301(2) as providing ethanol, and other alcohols with NOPR] indicates that, since the energy ‘‘* * * the Secretary with the gasoline or other fuels * * *’’ displacement goals contained in EPACT opportunity to add alternative and The commenter claims that in are measured in terms of energy replacement fuels that are not now identifying specific fuels and fuel equivalent units, DOE also may evaluate being marketed to those specifically blends deemed to be alternative fuels, a fuel’s non-petroleum content based on identified in the legislation.’’ [Emphasis the Act established guidelines that DOE energy displacement rather than volume added.] H.R. Rep. No. 474(1), 102nd must adhere to in making subsequent displacement.’’ The commenter went Cong., 2nd Sess., 182, reprinted in 1992 determinations. In particular, the on, ‘‘Section 301(2) actually dictates U.S. Code Cong. & Admin. News 2005. commenter believes section 301(2) of that the blended fuels recognized in the The word ‘‘opportunity’’ suggests that the Act ‘‘* * * explicitly forbid[s] the Act must contain at least 70 percent by the authority to add fuels to the inclusion of ethanol fuel blends where volume of ethanol, methanol or alcohol. definition of ‘‘alternative fuel’’ is largely the ethanol component of the mixture is Looking at the statute and the specific discretionary. less than 85 percent,’’ and that, ‘‘[t]here section under review reveals that In evaluating the P-series fuels, DOE is no statutory basis for designating as Congress intended these fuels to be asked the National Renewable Energy alternative fuels blends that contain compared based on volume not energy Laboratory and Argonne National considerably more petroleum than the displacement.’’ [Emphasis in original] Laboratory to review the data presented blends listed in the statute.’’ Here again, DOE believes the inferences in Pure Energy Corporation’s petition DOE believes that the commenter has the commenter draws from section against the statutory criteria for misinterpreted the Act. In conferring 301(2) of the Act regarding designating an ‘‘alternative fuel.’’ Copies explicit alternative fuel status on Congressional intent are incorrect. of these evaluations, written comments ethanol blends of 85 volume percent Nothing in the portion of section 301(2) received, technical reference materials and above, DOE does not believe that lists fuels Congress designated as mentioned in the notice, and any other Congress intended implicitly to reject alternative fuels at the time of the Act’s docket material received may be read all ethanol blends of less than 85 passage can be read as establishing and copied at the DOE Freedom of volume percent. Indeed, the Secretary of rigorous standards DOE is obliged to Information Reading Room, U.S. Energy is granted discretion under apply in future alternative fuel Department of Energy, Room 1E–090, certain circumstances to approve determinations. In addition to the neat 1000 Independence Ave., S.W., ethanol blends containing as little as 70 and blended alcohol fuels, Section Washington, DC 20585, telephone (202) percent ethanol. Nor does DOE believe 301(2) lists natural gas and hydrogen. 586–3142, between the hours of 8:30 that the Congress, by providing a list of These alternative fuels are gases whose a.m. and 4:30 p.m., Monday through alternative fuels, was enunciating volume depends on the pressure and Friday, except Federal holidays. The overarching principles that it intended temperature under which they are docket file material will be filed under DOE to follow in future determinations. stored. Energy content (energy ‘‘EE–RM–98–PURE.’’ Rather, Congress delineated such displacement potential) is the only A. Substantially Not Petroleum principles explicitly in section 301(2) reasonable basis on which to compare when it said that the definition of them to the liquid fuels. This is also an Any standard dictionary or thesaurus ‘‘alternative fuel’’ could include ‘‘* ** appropriate basis of comparison since indicates that ‘‘substantially’’ is an any other fuel the Secretary determines, all transportation prime movers which adverb that can be used to convey a by rule, is substantially non-petroleum might use any of these fuels are variety of subtly different meanings. and would yield substantial energy dependent on fuel energy content, ‘‘Substantially’’ is sometimes used as a security benefits and substantial rather than fuel volume. synonym for the word ‘‘mainly.’’ At environmental benefits’’ [Emphasis other times, it is used as a synonym for added]. The commenter’s inferences III. Statutory Criteria for Designating the words ‘‘considerably’’ or regarding Congressional intent cannot Additional Alternative Fuels ‘‘importantly.’’ See, e.g., Webster’s New be reconciled with this explicit Neither section 301(2) nor any other World Thesaurus 725 (Simon & language. Finally, as noted above, the P- provision of the Act states specifically Schuster, 1985). Since this rulemaking series blends do not necessarily or or indicates how to measure whether a does not involve fuels that are less than

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50 percent non-petroleum, in terms of achievement of these goals is to be on the source of the light hydrocarbons energy content, it is unnecessary to measured on an energy equivalent basis, in the blends. In its petition, the Pure address this policy question. DOE believes that, when evaluating a Energy Corporation provided DOE with Section 502(b) of the Act establishes fuel, the determination of whether it is information and analysis to substantiate goals for replacing the projected ‘‘substantially not petroleum’’ should be these claims. DOE confirms the consumption of motor fuel in the U.S. based on an analysis of the fuel’s non- accuracy of Pure Energy Corporation’s on an energy equivalent basis. The goals petroleum energy content, rather than a claim regarding the energy-based non- provided by this section are that 10% of volumetric analysis of the fuel’s non- petroleum content of the P-series fuels. the motor fuel consumed by 2000 and petroleum content. Table 2 summarizes the worst-case 30% of the motor fuel consumed by Pure Energy Corporation claims that, (lowest non-petroleum) makeup of the 2010 will be replacement fuels. These on an energy basis, its three P-series goals are the driving force for all the fuels will be at least 60 percent derived, three P-series fuel formulations, based alternative and replacement fuel and may be up to 100 percent derived, on the net (lower) heating value of all provisions in the Act. Because the from non-petroleum sources, depending constituents.

TABLE 2ÐVERIFIED NON-PETROLEUM ENERGY CONTENT OF THE P-SERIES FUELS

Cold weather Constituent Regular Premium (percent)

Pentanes plus ...... 36.2 33.3 19.1 MTHF ...... 37.7 22.1 32.3 ethanol ...... 26.1 44.6 37.5 normal butane ...... 0.0 0.0 11.2 Non-petroleum (excluding pentanes plus, butane) ...... 63.8 66.7 69.8

It is evident to DOE that the MTHF composition of the three P-series fuels, B. Substantial Energy Security Benefits and ethanol components of the P-series DOE has determined that the fuels need Pure Energy Corporation claims in its fuels, as described in Pure Energy to be more specifically described before petition that the three P-series fuels are Corporation’s petition, will be non- they can be added to the regulatory 100 percent domestic and capable of petroleum, because they will be definition of ‘‘alternative fuel.’’ Given displacing gasoline on essentially a manufactured from biological materials. that the petition shows that the three P- gallon-for-gallon basis. Pure Energy However it is less clear whether the series fuels will be at least 60 percent Corporation notes that each gallon of the pentanes plus component is non- derived from non-petroleum sources, P-series fuel directly displaces 0.88 petroleum. DOE’s Energy Information and the fact that Pure Energy gallons of RFG in vehicle use. Pure Administration (EIA), in its publication Corporation claims that, on an energy Energy Corporation also states that the Annual Energy Review 1996, 386 basis, its three P-series fuels will be at energy required to produce a one-gallon- ((DOE/EIA–0384(96)) defines ‘‘pentanes least 60 percent derived from non- equivalent of the fuel is approximately plus’’ as ‘‘a mixture of hydrocarbons, petroleum sources, DOE is using that 13,800 BTU less than that required to mostly pentanes and heavier, extracted percentage in the rule as a way of more produce one gallon of RFG. from natural gas. [This] includes narrowly defining the three P-series The petition provides information to isopentane, natural gasoline, and plant fuels. DOE believes that the amount of support a claim that production of the condensate.’’ This same publication also MTHF and ethanol in the fuel blends P-series fuels results in a positive energy defines petroleum products as including will result in a non-petroleum content balance. The process efficiency (BTUs ‘‘unfinished oils, liquefied petroleum of at least 60 percent for the three P- produced per BTU of input) of the P- gases, pentanes plus, aviation gasoline, series fuels, absent any other non- series fuels is approximately 2.25 when motor gasoline, naphtha-type jet fuel, petroleum component, if the MTHF and the ethanol is produced from renewable kerosene-type jet fuel, kerosene, the ethanol are manufactured solely resources such as biomass. If, however, distillate fuel oil, residual fuel oil, from biological materials. Although, the ethanol is produced from corn, the petrochemical feedstocks, special based on our evaluation, DOE could process efficiency is slightly lower, with naphthas, lubricants, waxes, petroleum have established a non-petroleum a value between 1.75 and 1.88. coke, asphalt, road oil, still gas, and content of 63.8 percent for the P-series Although the process efficiency is miscellaneous products.’’ However, it is fuels, establishing the minimum slightly lower when the ethanol is unnecessary to determine whether to percentage of 60 percent provides the derived from corn, production of restrict pentanes plus on the basis of company with some processing ethanol from either feedstock represents source because the MTHF and ethanol, flexibility. a significant energy savings for the life which must be manufactured solely On the basis of the foregoing, DOE has cycle of the fuel. from biological materials, are present in concluded that the three P-series fuels, DOE analyses support Pure Energy all three fuel blends, result in a non- as described by United States Patent Corporation’s claim of significant petroleum energy content for the P- number 5,697,987, which contain at petroleum displacement, although the series formulations of at least 63.8 least 60 percent non-petroleum energy company’s claim of 100 percent percent. That percentage is the main or content derived from MTHF, which domestic content appears to be slightly predominant portion of the fuel, and must be manufactured solely from high. even under the narrow definition of biological materials, and ethanol, which It is estimated that the P-series fuels ‘‘substantially,’’ the three fuel blends are must be manufactured solely from (regular grade) with pentanes plus ‘‘substantially not petroleum.’’ biological materials, are ‘‘substantially derived from natural gas would be 96 Because U.S. Patent number 5,697,987 not petroleum’’ as that phrase is used in percent derived from domestic does not specifically define the section 301(2) of the Act. resources. It is believed that the

VerDate 06-MAY-99 12:28 May 14, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\A17MY0.011 pfrm04 PsN: 17MYR2 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations 26827 feedstock for ethanol and MTHF biological materials, would yield compared them to those of gasoline and production will almost certainly be ‘‘substantial energy security benefits’’ as E–85. wholly domestic. Since the feedstock for that phrase is used in section 301(2) of Both the criteria pollutant emissions the pentanes plus and the butane will be the Act. test results and the greenhouse gas either natural gas or petroleum, and C. Substantial Environmental Benefits analysis support Pure Energy because a portion of these feedstocks is Corporation’s claim of substantial currently and will continue to be Pure Energy Corporation had vehicle tailpipe and evaporative emissions tests environmental benefits arising from the imported, it is debatable whether the P- use of the P-series fuels. Criteria series fuels will ever be wholly derived conducted by an Environmental Protection Agency (EPA) contract pollutant emissions from the P-series from domestic resources. If the pentanes fuels were consistently among the plus were derived from refining automotive test laboratory using both the current Federal Test Procedure lowest of all test fuels, met Federal Tier petroleum, at oil import levels projected 1 standards and statutorily provided by EIA for 2015, the regular grade P- (FTP) and the US06 test. (A description of the US06 test can be found in the Federal Tier 2 standards in every case, series fuel would still be 80 percent and compared favorably with those from derived from domestic resources. NOPR at 63 FR 40205 and in the Code of Federal Regulations at 40 CFR part E–85. The premium P-series fuel had DOE also estimates that the P-series 86.) better emission characteristics than the fuels could reduce fossil energy use by Pure Energy Corporation’s test regular P-series fuel. The P-series fuels 49 to 57 percent, relative to RFG, and vehicles, two 1997 Ford Taurus E–85 reduced emissions of non-methane that the P-series fuels could reduce flexible-fuel vehicles, were operated on hydrocarbons (NMHC) and total petroleum use by 79 to 81 percent, eight fuels: three P-series fuels (regular, hydrocarbons by almost a third relative to RFG. premium and cold weather), E–85, compared to Phase 2 RFG. It is worth On the basis of the foregoing, DOE has Federal Certification gasoline, California noting that all of the fuels tested had concluded that the three P-series fuels, Phase II RFG and two commercial evaporative emissions well below the as described by United States Patent gasolines (a summer and a winter evaporative emissions standard for number 5,697,987, which contain at blend). The results were submitted to Federal Tier 1. Table 3 summarizes the least 60 percent non-petroleum energy DOE as part of the company’s petition. results of the FTP emissions results (all content derived from MTHF, which Pure Energy Corporation also provided results in grams per mile). The numbers must be manufactured solely from an analysis of greenhouse gas emissions are averages over both cars tested and biological materials, and ethanol, which associated with production, distribution all FTP tests performed, as presented in must be manufactured solely from and use of the three P-series fuels and Pure Energy Corporation’s petition.

TABLE 3ÐComparison of Federal Test Procedure Emission Results [gram/mile]

Carbon mon- NMHC oxide Nitrogen oxides

Pure Regular ...... 0.074 1.081 0.064 Pure Premium ...... 0.064 1.062 0.059 Phase II RFG ...... 0.115 1.247 0.039 Tier 1 standards ...... 0.250 3.4 0.4 Tier 2 standards ...... 0.125 1.7 0.2

The Tier 2 standards referenced in Table emissions. Table 4 compares the compound by its reactivity. The specific 3 are the pending standards identified emission results of the P-series fuels, reactivity is calculated by dividing the by Congress in section 202(i) of the Indolene, Phase II RFG and commercial OFP by the mass of the non-methane Clean Air Act (CAA). A discussion of gasoline to EPA’s National Ambient Air organic gaseous emissions. It is the process EPA is undertaking to Quality Standards (NAAQS). [40 CFR considered a better gauge of the establish Tier 2 standards can be found part 63] reactivity of the fuels’ emissions in the NOPR. The OFP is a measure of the profiles. The numbers are averages of As noted in Table 4, the P-series fuels performance of the fuel-vehicle both cars tested and all FTP and US06 had reduced ozone-forming potential combination, calculated by multiplying tests performed, as presented in Pure (OFP), carbon monoxide and air toxics the fraction of each emissions Energy Corporation’s petition.

TABLE 4.ÐCOMPARISON OF EMISSION RESULTS RELATED TO NAAQS [gram/mile]

CO NOX OFP Spec. React. FTP USO6 FTP USO6 FTP USO6 FTP USO6

Indol ...... 1.421 11.99 0.056 0.040 0.488 0.470 3.248 3.092 RFG II ...... 1.247 10.56 0.039 0.049 0.469 0.379 3.640 3.059 Comm. Gas ...... 1.427 12.07 0.095 0.077 0.522 0.501 3.334 3.070 E85 ...... 1.218 5.15 0.056 0.079 0.494 0.087 2.410 3.633 Pure Reg ...... 1.081 6.15 0.064 0.057 0.305 0.161 3.360 3.460 Pure Prem ...... 1.062 6.23 0.059 0.081 0.282 0.158 2.849 3.568

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The petition stated that the total solely from biological materials, and requirements of the Alternative Fuel emissions resulting from the production ethanol, which must be manufactured Transportation Program (10 CFR part of a gallon of P-series fuels are 71 solely from biological materials, would 490) and the requirements for Federal percent lower than those associated yield ‘‘substantial environmental’’ fleets under Title III of EPACT. There is with production of one gallon of Phase benefits as that phrase is used in section no reason to anticipate any adverse II RFG. Of note are the claims that 301(2) of the Act. impact. DOE certified in the notice of emissions are reduced, relative to Phase proposed rulemaking that the rule will II RFG, by more than 99 percent for IV. Regulatory and Procedural not have a significant economic impact Requirements methane, by 85 percent for SOX, by 71 on a substantial number of small percent for carbon dioxide and by 68 A. Review Under Executive Order 12866 entities. DOE received no comments on percent for nitrogen oxides. that certification. The petition claims that the P-series Today’s regulatory action has been fuels perform better than Phase II RFG determined not to be a ‘‘significant D. Review Under the National or Indolene in terms of direct carbon regulatory action’’ under Executive Environmental Policy Act dioxide emissions and that P-series Order 12866, ‘‘Regulatory Planning and The rule identifies the P-series fuels fuels will result in significant Review,’’ 58 FR 51735 (October 4, 1993). as ‘‘alternative fuel’’ as that term is reductions in carbon dioxide emissions Accordingly, this rulemaking has not defined in the Alternative Fuel when considered on a life-cycle basis. If been reviewed by the Office of Transportation Program regulations (10 the P-series fuels are produced from Information and Regulatory Affairs of CFR 490.2) and section 301(2) of the biomass, as Pure Energy Corporation the Office of Management and Budget Energy Policy Act (42 U.S.C. 13211(2)). plans to do, it is claimed that a (OMB). The rule interprets statutory and significant percent of the carbon B. Review Under Executive Order 12612 regulatory definitions and does not emissions associated with the gasoline change the environmental effect of the life-cycle will be avoided. Specifically, Executive Order 12612, ‘‘Federalism,’’ Alternative Fuel Transportation the company estimates that the P-series 52 FR 41685 (October 30, 1987) requires Program regulations. DOE, therefore, has regular fuel, on a life-cycle basis, will that regulations, rules, legislation and determined that the rule is covered reduce carbon dioxide emissions by at other policy actions be reviewed for any under the Categorical Exclusion in least 63 percent. substantial direct effect on States, on the paragraph A5 to Subpart D, 10 CFR part DOE assessed the emissions test relationship between the National 1021. Accordingly, neither an results and analyzed the full fuel cycle Government and the States, or in the environmental assessment nor an greenhouse gas emissions of the P-series distribution of power and environmental impact statement is fuels. DOE confirmed that regular and responsibilities among various levels of required. premium formulations of the P-series government. If there are substantial E. Review Under the Paperwork fuels displayed carbon monoxide, effects, the Executive Order requires the nitrogen oxides and non-methane preparation of a federalism assessment Reduction Act hydrocarbon equivalent emissions that to be used in all decisions involved in No new collection of information will met the Tier 1 and statutorily provided promulgating and implementing policy be imposed by this rulemaking. Tier 2 standards, and that their action. DOE has analyzed this Accordingly, no clearance by the Office evaporative emissions were well below rulemaking in accordance with the of Management and Budget is required the Tier 1 standards. DOE notes that the principles and criteria contained in under the Paperwork Reduction Act (44 emissions of air toxics from the P-series Executive Order 12612, and has U.S.C. 3501 et seq.). determined there are no federalism fuels were lower than those from all F. Review Under Executive Order 12988 other test fuels, both in terms of total implications that would warrant the mass emissions and in terms of their preparation of a federalism assessment. With respect to the review of existing potency weighted toxics (PWT) The rule promulgated today would regulations and the promulgation of emissions. The PWT weighs each simply allow an additional fuel to new regulations, section 3(a) of individual component by a factor that qualify as an alternative fuel for the Executive Order 12988, ‘‘Civil Justice represents its relative toxicity. purposes of the Energy Policy Act of Reform,’’ 61 FR 4729 (February 7, 1996), DOE’s evaluation of the full fuel cycle 1992. The rule would not have a imposes on Executive agencies the greenhouse gas emissions of the P-series substantial direct effect on States, the general duty to adhere to the following fuels confirmed that, over their entire relationship between the States and requirements: (1) Eliminate drafting production, distribution and end-use Federal Government, or the distribution errors and ambiguity; (2) write cycle, the P-series fuels will result in of power and responsibilities among regulations to minimize litigation; and greenhouse gas emissions 45 to 50 various levels of government. (3) provide a clear legal standard for percent below those of reformulated affected conduct rather than a general C. Review Under the Regulatory gasoline. These reductions in standard and promote simplification Flexibility Act greenhouse gas emissions are possible if and burden reduction. Section 3(b) of both the ethanol and the MTHF The Regulatory Flexibility Act, 5 Executive Order 12988 specifically components of the P-series fuels are U.S.C. 601 et seq., requires preparation requires that Executive agencies make made from biological materials, which of an initial regulatory flexibility every reasonable effort to ensure that the is Pure Energy Corporation’s intention. analysis for every rule which by law regulation: (1) Clearly specifies the On the basis of the foregoing, DOE has must be proposed for public comment, preemptive effect, if any; (2) clearly concluded that the three P-series fuels, unless the agency certifies that the rule, specifies any effect on existing Federal as described in Pure Energy if promulgated, will not have a law or regulation; (3) provides a clear Corporation’s petition and by United significant economic impact on a legal standard for affected conduct States Patent number 5,697,987, which substantial number of small entities. while promoting simplification and contain at least 60 percent non- Today’s rule would provide an burden reduction; (4) specifies the petroleum energy content derived from additional fuel choice for organizations retroactive effect, if any; (5) adequately MTHF, which must be manufactured which must comply with the defines key terms; and (6) addresses

VerDate 06-MAY-99 12:28 May 14, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\A17MY0.014 pfrm04 PsN: 17MYR2 Federal Register / Vol. 64, No. 94 / Monday, May 17, 1999 / Rules and Regulations 26829 other important issues affecting clarity before establishing any requirements Authority: 42 U.S.C. 7191, 13211, 13235, and general draftsmanship under any that might significantly or uniquely 13251, 13257, 13258, 13260–3. guidelines issued by the Attorney affect small governments. The rule 2. Section 490.2, Definitions, is General. Section 3(c) of Executive Order published today does not contain any amended by revising the definition of 12988 requires Executive agencies to Federal mandate, so these requirements ‘‘Alternative Fuel,’’ to read as follows: review regulations in light of applicable do not apply. standards in section 3(a) and section § 490.2 Definitions. H. Congressional Notification 3(b) to determine whether they are met * * * * * or it is unreasonable to meet one or As required by 5 U.S.C. 801, DOE will Alternative Fuel means methanol, more of them. DOE has completed the report to Congress the promulgation of denatured ethanol, and other alcohols; required review and determined that, to this rule prior to its effective date. The mixtures containing 85 percent or more the extent permitted by law, the rule report will state that it has been by volume of methanol, denatured meets the relevant standards of determined that the rule is not a ‘‘major ethanol, and other alcohols with Executive Order 12988. rule’’ as defined by 5 U.S.C. 801(2). gasoline or other fuels; natural gas; G. Review Under the Unfunded List of Subjects in 10 CFR Part 490 liquefied petroleum gas; hydrogen; coal- derived liquid fuels; fuels (other than Mandates Reform Act Administrative practice and alcohol) derived from biological Title II of the Unfunded Mandates procedure, Energy conservation, Fuel, materials (including neat biodiesel); Reform Act of 1995 (Pub. L. 104–4) Motor vehicles. three P-series fuels (specifically known requires each Federal agency to prepare Issued in Washington, DC on 16 April, a written assessment of the effects of as Pure Regular, Pure Premium and Pure 1999. Cold Weather) as described by United any Federal mandate in a proposed or Dan W. Reicher, final agency rule that may result in the States Patent number 5,697,987, dated Assistant Secretary, Energy Efficiency and December 16, 1997, and containing at expenditure by State, local, and tribal Renewable Energy. governments, in the aggregate, or by the least 60 percent non-petroleum energy private sector, of $100 million in any For the reasons set forth in the content derived from one year. The Act also requires a Preamble, Part 490 of Title 10, Chapter methyltetrahydrofuran, which must be Federal agency to develop an effective II, Subchapter D, of the Code of Federal manufactured solely from biological process to permit timely input by Regulations is amended as set forth materials, and ethanol, which must be elected officers of State, local and tribal below: manufactured solely from biological governments on a proposed ‘‘significant materials; and electricity (including PART 490ÐALTERNATIVE FUEL electricity from solar energy). intergovernmental mandate,’’ and TRANSPORTATION PROGRAM requires an agency plan for giving notice * * * * * and opportunity for timely input to 1. The authority citation for Part 490 [FR Doc. 99–12250 Filed 5–14–99; 8:45 am] potentially affected small governments continues to read as follows: BILLING CODE 6450±01±P

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Reader Aids Federal Register Vol. 64, No. 94 Monday, May 17, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

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 9 CFR 3 CFR Proposed Rules: Presidential Documents Proclamations: Ch. I ...... 23795 Executive orders and proclamations 523±5227 7189...... 24275 3...... 26330 The United States Government Manual 523±5227 7190...... 24277 7191...... 24279 10 CFR Other Services 7192...... 24281 9...... 24936 Electronic and on-line services (voice) 523±4534 7193...... 25189 50...... 23763 7194...... 25191 Privacy Act Compilation 523±3187 490...... 26822 7195...... 25797 Public Laws Update Service (numbers, dates, etc.) 523±6641 Proposed Rules: Executive Orders: TTY for the deaf-and-hard-of-hearing 523±5229 1...... 24531 13088 (Amended by 2...... 24092, 24531 EO 13121)...... 24021 7...... 24531 ELECTRONIC RESEARCH 13121...... 24021 9...... 24531 July 2, 1910 (Revoked World Wide Web 19...... 24092 in part by PLO 20...... 24092 Full text of the daily Federal Register, CFR and other 7388) ...... 23856 21...... 24092 publications: Administration Orders: 30...... 24092 http://www.access.gpo.gov/nara Presidential 32...... 23796 Determination No. 40...... 24092 Federal Register information and research tools, including Public 99±22 of April 29, 50...... 24531 Inspection List, indexes, and links to GPO Access: 1999 ...... 24501 51...... 24092, 24531 http://www.nara.gov/fedreg 52...... 24531 5 CFR 60...... 24092, 24531 E-mail 330...... 24503 61...... 24092 PENS (Public Law Electronic Notification Service) is an E-mail 351...... 23531 62...... 24531 service that delivers information about recently enacted Public 532...... 23531 63...... 24092 Laws. To subscribe, send E-mail to Proposed Rules: 72...... 24531 [email protected] 2634...... 25849 75...... 24531 76...... 24531 with the text message: 100...... 24531 7 CFR subscribe publaws-l 110...... 24531 301...... 23749 Use [email protected] only to subscribe or unsubscribe to 354...... 25799 12 CFR PENS. We cannot respond to specific inquiries at that address. 457...... 24931 611...... 25423 Reference questions. Send questions and comments about the 915...... 26271 620...... 25423 Federal Register system to: 929...... 24023 960...... 24025 [email protected] 979...... 23754 Proposed Rules: 989...... 25419 Ch. I ...... 25469 The Federal Register staff cannot interpret specific documents or 993...... 23759 regulations. 1079...... 25193 13 CFR 1307...... 23532 120...... 26273 FEDERAL REGISTER PAGES AND DATES, MAY 1308...... 23532 121...... 26275 1430...... 24933 Proposed Rules: 23531±23748...... 3 1703...... 25422 121...... 23798 23749±24020...... 4 1940...... 24476 24021±24282...... 5 1944...... 24476 14 CFR 24283±24500...... 6 Proposed Rules: 25...... 25800 24501±24930...... 7 29...... 25462 39 ...... 23763, 23766, 24028, 24931±25188...... 10 400...... 25464 24029, 24031, 24033, 24034, 25189±25418...... 11 1079...... 25851 24505, 24507, 25194, 25197, 25419±25796...... 12 1412...... 24091 25198, 25200, 25424, 25426, 25797±26270...... 13 25802, 25804, 26653 8 CFR 26271±26652...... 14 71 ...... 23538, 23903, 24035, 26653±26830...... 17 3...... 25756 24036, 24510, 24513, 25806, 212...... 25756 26656 240...... 25756 73...... 23768 245...... 25756 97...... 24283, 24284 274a...... 25756 Proposed Rules: 299...... 25756 25...... 25851 Proposed Rules: 39 ...... 23552, 24092, 24542, 103...... 26698 24544, 24963, 24964, 25218,

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26703 556...... 26670, 26671 948...... 26288 88...... 23906 71 ...... 23805, 23806, 23807, 558...... 23539, 26671 Proposed Rules: 136...... 26315 23808, 23809, 225220, 601...... 26657 701...... 23811 180 ...... 24292, 25439, 25448, 25221, 25222, 26705, 26712 640...... 26282 724...... 23811 25451, 25842 108...... 23554 800...... 26657 773...... 23811 232...... 25120 801...... 26657 260...... 26315 15 CFR 774...... 23811 807...... 26657 778...... 23811 261...... 25410 30...... 24942 809...... 26657 842...... 23811 262...... 25410 746...... 24018, 25807 812...... 26657 843...... 23811 268...... 25410 860...... 26657 271...... 23780 16 CFR 846...... 23811 Proposed Rules: 300...... 24949 Proposed Rules: 207...... 26330 31 CFR 600...... 23906 453...... 24250 607...... 26330 205...... 24242 Proposed Rules: 17 CFR 640...... 26344 515...... 25808 52 ...... 23813, 24117, 24119, 807...... 26330 Proposed Rules: 24549, 24988, 24989, 25854, 1...... 24038 884...... 24967 1...... 24454 25855, 25862, 26352 17...... 24038 1020...... 23811 60...... 26569 18...... 24038 1308...... 24094, 25407 32 CFR 62...... 25863 150...... 24038 290...... 25407 70...... 23813 240...... 25144 22 CFR 706 ...... 25433, 25434, 25435, 80...... 26004, 26142 249...... 25144 171...... 25430 25436, 25437, 25820 81...... 24123 270...... 24488 85...... 26004 Proposed Rules: 24 CFR 33 CFR 86...... 26004, 26142 240...... 25153 5...... 25726 117 ...... 23545, 24944, 25438, 141...... 25964 249...... 25153 248...... 26632 26295 142...... 25964 270...... 24489 791...... 26632 151...... 26672 143...... 25964 194...... 25863, 26713 18 CFR 792...... 26632 165 ...... 24286, 24945, 24947, 982...... 26632 26295 271...... 23814, 25258 2...... 26572 Proposed Rules: 323...... 25120 300...... 24990 153...... 26572 Ch. IX...... 24546 444...... 26714 157...... 26572 Proposed Rules: 761...... 25736 100...... 24979, 24980 284...... 26572 42 CFR 888...... 24866 117...... 26349, 26350 375...... 26572 165 ...... 23545, 24982, 24983, 405...... 25456 380...... 26572 25 CFR 24985, 24987 410...... 25456 385...... 26572 Proposed Rules: 413...... 25456 21 CFR 20...... 24296 34 CFR 414...... 25456 300...... 24862 415...... 25456 2...... 26657 26 CFR 424...... 25456 3...... 26657 Proposed Rules: 36 CFR 485...... 25456 5...... 26657 498...... 24957 10...... 26657 1 ...... 23554, 23811, 24096, 254...... 25821 Proposed Rules: 12...... 26657 25223, 26348 62...... 25708 20...... 23811 405...... 24549 16...... 26657 37 CFR 412...... 24716 20...... 26657 25...... 23811 31...... 23811 251...... 25201 413...... 24716 25...... 26657 483...... 24716 50...... 26657 40...... 23811 Proposed Rules: 1...... 25223 485...... 24716 54...... 26657 27 CFR 56...... 26657 2...... 25223 43 CFR 58...... 26657 Proposed Rules: 3...... 25223 60...... 26657 9...... 24308 6...... 25223 4...... 26240 70...... 26657 28 CFR 38 CFR 44 CFR 71...... 26657 178 ...... 24943, 25428, 26281 540...... 25794 4...... 25202 59...... 24256 200...... 26657 Proposed Rules: 21...... 23769, 26297 61...... 24256 201...... 26657 0...... 24972 Proposed Rules: 64...... 24512, 24957 202...... 26657 16...... 24972 4...... 25246 65 ...... 24515, 24516, 26690, 206...... 26657 20...... 24972 17...... 23812 26692 207...... 26657 50...... 24972 67...... 24517, 26694 210...... 26657 302...... 24547 40 CFR Proposed Rules: 211...... 26657 551...... 24468 Ch. VII...... 25126 67...... 24550, 26715 299...... 26657 9...... 23906, 25126 29 CFR 300...... 26657 35...... 23734 45 CFR 310...... 26657 4044...... 26287 51...... 26298 Proposed Rules: 312...... 26657 Proposed Rules: 52 ...... 23774, 24949, 25210, 2505...... 25260 314...... 26657 2700...... 24547 25214, 25822, 25825, 25828, 315...... 26657 1926...... 26713 26306 46 CFR 316...... 26657 60 ...... 24049, 24511, 26484 16...... 25407 320...... 26657 30 CFR 61...... 24288 500...... 23545 333...... 26657 208...... 26240 62...... 25831 501...... 23545 369...... 26657 241...... 26240 63 ...... 24288, 24511, 26311 502...... 23551 510...... 26657 242...... 26240 70...... 23777 503...... 23545 514...... 26657 243...... 26240 72...... 25834 504...... 23545 520...... 26657 250...... 26240 73...... 25834 506...... 23545 522...... 26657, 26670 290...... 26240 81...... 24949 507...... 23545 524...... 26657 943...... 23540 85...... 23906 508...... 23545 529...... 26657 946...... 23542 86...... 23906 514...... 23782

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530...... 23782 22...... 23571 Proposed Rules: 387...... 24123 535...... 23794 24...... 23571 1...... 26264 390...... 24128 540...... 23545 26...... 23571 12...... 26264 396...... 24128 545...... 23551 27...... 23571 16...... 24472 544...... 26352 550...... 23551 73 ...... 23571, 24565, 24566, 23...... 26264 605...... 23590 551...... 23551 24567, 24996, 24997, 24998, 45...... 23982 611...... 25864 555...... 23551 26717, 26718, 26719, 26720 48...... 24472 1244...... 26723 560...... 23551 74...... 23571 52 ...... 23982, 24472, 26264 565...... 23551 215...... 23814 80...... 23571 50 CFR 571...... 23551 87...... 23571 1845...... 26721 572...... 23794 90...... 23571 1852...... 26721 17...... 25216 582...... 23545 222...... 25460 95...... 23571 49 CFR 585...... 23551 97...... 23571 223...... 25460 586...... 23551 101...... 23571 1...... 24959 226...... 24049 587...... 23551 216...... 25540 600...... 24062 588...... 23551 223...... 25540 648...... 24066 Proposed Rules: 48 CFR 229...... 25540 660 ...... 24062, 24078, 26328 356...... 24311 213...... 24528 231...... 25540 679...... 24960, 25216 225...... 24528, 24529 232...... 25540 Proposed Rules: 47 CFR 252...... 24528, 24529 238...... 25540 17...... 25263, 26725 73 ...... 24522, 24523, 26327, 715...... 25407 Proposed Rules: 20...... 23742 26697 1815...... 25214 229...... 23816 223...... 26355 74...... 24523 1816...... 25214 231...... 23816 224...... 26355 Proposed Rules: 1819...... 25214 232...... 23816 226...... 24998, 26355 1...... 23571 1852...... 25214 360...... 24123 648...... 25472

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REMINDERS HEALTH AND HUMAN Marine mammals; human Security responsibilities; oral The items in this list were SERVICES DEPARTMENT handling, care, treatment, attestation; comments due editorially compiled as an aid Food and Drug and transportation; by 5-24-99; published 3- to Federal Register users. Administration comments due by 5-26- 25-99 Inclusion or exclusion from Animal drugs, feeds, and 99; published 5-14-99 ENVIRONMENTAL this list has no legal related products: Rats and mice bred for use PROTECTION AGENCY significance. Ivermectin and ivermectin in research and birds; Air programs: definition as animals; and clorsulon; published Ambient air quality rulemaking petition; 5-17-99 standards, nationalÐ RULES GOING INTO comments due by 5-28- Oxytetracycline injection; EFFECT MAY 17, 1999 99; published 3-4-99 Fine particulate matter; published 5-17-99 reference method Sulfadimethoxine with AGRICULTURE revisions; comments AGRICULTURE DEPARTMENT DEPARTMENT Ormetoprim; published 5- due by 5-24-99; 17-99 Food and Nutrition Service published 4-22-99 Agricultural Marketing Food stamp program: Service HEALTH AND HUMAN Fine particulate matter; Issuance and use of Avocados grown inÐ SERVICES DEPARTMENT reference method coupons; electronic revisions; comments South Florida; published 5- Health Care Financing benefits transfer systems due by 5-24-99; 14-99 Administration approval standards; audit published 4-22-99 AGRICULTURE Medicare and Medicaid: requirements; comments Air programs; approval and DEPARTMENT Skilled nursing facilities, due by 5-24-99; published program complianceÐ promulgation; State plans Food and Nutrition Service 2-23-99 for designated facilities and Civil money penalties, Child nutrition programs: COMMERCE DEPARTMENT pollutants: Women, infants, and notification requirements, and Export Administration Maryland; comments due by children; special Bureau 5-24-99; published 4-23- supplemental nutrition discretionary remedy Export licensing: 99 programÐ delegation expansion; Air quality implementation Vendor disqualification; published 3-18-99 Organization of American plans; approval and published 3-18-99 LABOR DEPARTMENT States (OAS); model promulgation; various Employment and Training regulations for control of DEFENSE DEPARTMENT States: Administration international movement of Engineers Corps firearms, parts, Arizona et al.; comments Workforce Investment Act; Danger zones and restricted components, and due by 5-24-99; published implementation: areas: ammunition; comments 4-23-99 Job training system reform; Point Lookout to Cedar due by 5-28-99; published Texas; comments due by 5- published 4-15-99 Point, MD; aerial firing 4-13-99 24-99; published 4-23-99 range designation; TRANSPORTATION COMMERCE DEPARTMENT Pesticide programs: published 4-15-99 DEPARTMENT National Oceanic and Federal Insecticide, ENVIRONMENTAL Federal Aviation Atmospheric Administration Fungicide, and PROTECTION AGENCY Administration Fishery conservation and Rodenticide Act; plant- Air pollutants, hazardous; Airworthiness directives: management: pesticide terminology; national emission standards: Aerospatiale; published 4- Northeastern United States alternative name Equivalent emission 12-99 fisheriesÐ suggestions; comment limitations by permit; Avions Pierre Robin; Summer flounder, scup, request; comments due implementation; published published 4-6-99 by 5-24-99; published 4- 4-16-99 and black sea bass; Boeing; published 4-12-99 comments due by 5-24- 23-99 Air quality implementation 99; published 4-7-99 FEDERAL plans; approval and Dornier; published 4-12-99 COMMUNICATIONS promulgation; various TREASURY DEPARTMENT International fisheries COMMISSION States: Customs Service regulations: Common carrier services: California and Arizona; Air commerce; airport Pacific halibutÐ published 3-18-99 designations and Sitka Sound; local area Telecommunications Act of Illinois; published 3-18-99 withdrawals: management plan; 1996; implementationÐ Iowa; published 3-18-99 Akron Fulton Airport, OH; comments due by 5-28- Local competition 99; published 4-28-99 Air quality implementation published 4-15-99 provisions; comments plans; approval and Ocean and coastal resource due by 5-26-99; management: published 4-26-99 promulgation; various COMMENTS DUE NEXT States; air quality planning Marine sanctuariesÐ Rate integration WEEK purposes; designation of Gulf of Farallones requirement; comments areas: National Marine due by 5-27-99; Ohio; published 3-17-99 AGRICULTURE Sanctuary, CA; published 5-18-99 DEPARTMENT FEDERAL motorized personal Radio stations; table of COMMUNICATIONS Agricultural Marketing watercraft operation; assignments: COMMISSION Service comments due by 5-24- Arizona; comments due by Radio stations; table of Fruits; import regulations: 99; published 4-23-99 5-24-99; published 4-8-99 assignments: Nectarines; comments due COMMODITY FUTURES Arkansas; comments due by Kentucky; published 4-19-99 by 5-26-99; published 3- TRADING COMMISSION 5-24-99; published 4-8-99 Texas; published 4-8-99 26-99 Contract market designation California; comments due by FEDERAL LABOR AGRICULTURE applications; fee schedule; 5-24-99; published 4-8-99 RELATIONS AUTHORITY DEPARTMENT comments due by 5-24-99; Colorado; comments due by published 4-22-99 Freedom of Information Act; Animal and Plant Health 5-24-99; published 4-8-99 implementation; published 4- Inspection Service DEFENSE DEPARTMENT Kansas; comments due by 16-99 Animal welfare: Acquisition regulations: 5-24-99; published 4-8-99

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HEALTH AND HUMAN NUCLEAR REGULATORY Alexander Schleicher Federal deposits; electronic SERVICES DEPARTMENT COMMISSION Segelflugzeugbau; funds transfers; comments Children and Families Production and utilization comments due by 5-28- due by 5-24-99; published Administration facilties; domestic licensing: 99; published 4-26-99 3-23-99 Head Start Program: Nuclear power plantsÐ Boeing; comments due by Selection and funding of Alternative source terms 5-26-99; published 3-26- grantees; policies and use; comments due by 99 LIST OF PUBLIC LAWS procedures; comments 5-25-99; published 3-11- British Aerospace; due by 5-24-99; published 99 comments due by 5-24- 3-24-99 99; published 4-23-99 This is a continuing list of PERSONNEL MANAGEMENT public bills from the current HEALTH AND HUMAN OFFICE Dassault; comments due by session of Congress which SERVICES DEPARTMENT Prevailing rate systems; 5-24-99; published 5-3-99 have become Federal laws. It Freedom of Information Act; comments due by 5-26-99; Eurocopter France; may be used in conjunction implementation; comments published 4-26-99 comments due by 5-24- with ``P L U S'' (Public Laws due by 5-26-99; published Retirement: 99; published 3-23-99 Update Service) on 202±523± 3-26-99 Federal employees' group Fokker; comments due by 6641. This list is also HEALTH AND HUMAN life insurance program; 5-24-99; published 4-23- available online at http:// SERVICES DEPARTMENT new premium rates; 99 www.nara.gov/fedreg. Public Health Service comments due by 5-27- McDonnell Douglas; Indian Child Protection and 99; published 4-27-99 comments due by 5-24- The text of laws is not Family Violence Prevention SECURITIES AND 99; published 3-23-99 published in the Federal Act; implementation: EXCHANGE COMMISSION New Piper Aircraft, Inc.; Register but may be ordered in ``slip law'' (individual Individuals employed in Securities and investment comments due by 5-28- pamphlet) form from the positions involving regular companies: 99; published 3-19-99 Superintendent of Documents, contact with or control Porsche; comments due by Canadian tax-deferred U.S. Government Printing over Indian children; 5-26-99; published 3-26- retirement savings Office, Washington, DC 20402 minimum standards of 99 accounts; offer and sale (phone, 202±512±1808). The character and employment of securities; comments Pratt & Whitney; comments suitability; comments due text will also be made due by 5-28-99; published due by 5-24-99; published available on the Internet from by 5-24-99; published 3- 3-26-99 4-22-99 25-99 GPO Access at http:// Canadian tax-deferred Sikorsky; comments due by www.access.gpo.gov/nara/ INTERIOR DEPARTMENT retirement savings 5-24-99; published 3-23- index.html. Some laws may Fish and Wildlife Service accounts; offer and sale 99 not yet be available. Endangered and threatened of securities; correction; SOCATA-Groupe species: comments due by 5-28- Aerospatiale; comments S. 531/P.L. 106±26 Abutilon eremitopetalum, 99; published 4-14-99 due by 5-24-99; published etc. (245 Hawaiian TRANSPORTATION 3-29-99 To authorize the President to plants); critical habitat DEPARTMENT award a gold medal on behalf Stemme GmbH & Co. KG; of the Congress to Rosa designation reevaluation; Coast Guard comments due by 5-28- Parks in recognition of her comments due by 5-24- Ports and waterways safety: 99; published 4-26-99 99; published 3-24-99 contributions to the Nation. Puget Sound area waters; Class E airspace; comments (May 4, 1999; 113 Stat. 50) Alabama sturgeon; safety improvement due by 5-24-99; published comments due by 5-26- feasibility study; 4-20-99 Last List May 4, 1999 99; published 3-26-99 comprehensive cost- Class E airspace; correction; JUSTICE DEPARTMENT benefit analysis; comments due by 5-24-99; Grants: comments due by 5-24- published 5-4-99 Justice Programs Office; 99; published 11-24-98 Public Laws Electronic Federal airways and jet Notification Service violent crimes against Regmywas and marine routes; comments due by 5- women on campuses; parades: 26-99; published 4-14-99 (PENS) Special Olympics 1999 comments due by 5-24- TRANSPORTATION Summer Sailing Regatta; 99; published 4-23-99 DEPARTMENT comments due by 5-26- PENS is a free electronic mail LABOR DEPARTMENT Research and Special 99; published 4-26-99 notification service of newly Grants, contracts, and other Programs Administration TRANSPORTATION enacted public laws. To agreements, and States, Hazardous materials: local governments, and non- DEPARTMENT subscribe, send E-mail to profit organizations; audit Federal Aviation Hazardous materials [email protected] with requirements; comments Administration transportationÐ the text message: due by 5-24-99; published DOT cylinder Air carrier certification and subscribe PUBLAWS-L Your 3-25-99 specifications and operations: Name. MINE SAFETY AND HEALTH Foreign air carrier maintenance, FEDERAL REVIEW operations; security requalification, and repair requirements; Note: This service is strictly COMMISSION programs; comments due for E-mail notification of new by 5-24-99; published 3- comments due by 5-28- Federal Mine Safety and 99; published 12-31-98 public laws. The text of laws Health Review Commission 22-99 is not available through this Procedural rules; comments Airworthiness directives: TREASURY DEPARTMENT service. PENS cannot respond due by 5-28-99; published Airbus; comments due by 5- Internal Revenue Service to specific inquiries sent to 5-7-99 24-99; published 4-23-99 Income taxes, etc.: this address.

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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–038–00037–7) ...... 50.00 Jan. 1, 1999 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–038–00038–5) ...... 42.00 Jan. 1, 1999 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–038–00039–3) ...... 17.00 Jan. 1, 1999 numbers, prices, and revision dates. *200–1199 ...... (869–038–00040–7) ...... 28.00 Jan. 1, 1999 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–038–00041–5) ...... 24.00 Jan. 1, 1999 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–038–00042–3) ...... 25.00 Jan. 1, 1999 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–038–00043–1) ...... 36.00 Jan. 1, 1999 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–038–00044–0) ...... 24.00 Jan. 1, 1999 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–038–00045–8) ...... 32.00 Jan. 1, 1999 Office's GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–038–00046–6) ...... 37.00 Jan. 1, 1999 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–034–00048–7) ...... 27.00 Apr. 1, 1998 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–034–00049–5) ...... 32.00 Apr. 1, 1998 $951.00 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–034–00050–9) ...... 40.00 Apr. 1, 1998 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–399 ...... (869–034–00051–7) ...... 45.00 Apr. 1, 1998 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–034–00052–5) ...... 13.00 Apr. 1, 1998 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–034–00053–3) ...... 34.00 Apr. 1, 1998 charge orders to (202) 512-2250. 141–199 ...... (869–034–00054–1) ...... 33.00 Apr. 1, 1998 200–End ...... (869–034–00055–0) ...... 15.00 Apr. 1, 1998 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–034–00001–1) ...... 5.00 5 Jan. 1, 1998 1–399 ...... (869–034–00056–8) ...... 29.00 Apr. 1, 1998 3 (1997 Compilation 400–499 ...... (869–034–00057–6) ...... 28.00 Apr. 1, 1998 and Parts 100 and 500–End ...... (869–034–00058–4) ...... 44.00 Apr. 1, 1998 1 101) ...... (869–038–00002–4) ...... 20.00 Jan. 1, 1999 21 Parts: 4 ...... (869–034–00003–7) ...... 7.00 5 Jan. 1, 1998 1–99 ...... (869–034–00059–2) ...... 21.00 Apr. 1, 1998 100–169 ...... (869–034–00060–6) ...... 27.00 Apr. 1, 1998 5 Parts: 170–199 ...... (869–034–00061–4) ...... 28.00 Apr. 1, 1998 1–699 ...... (869–038–00004–1) ...... 37.00 Jan. 1, 1999 200–299 ...... (869–034–00062–2) ...... 9.00 Apr. 1, 1998 *700–1199 ...... (869–038–00005–9) ...... 27.00 Jan. 1, 1999 300–499 ...... (869–034–00063–1) ...... 50.00 Apr. 1, 1998 1200–End, 6 (6 500–599 ...... (869–034–00064–9) ...... 28.00 Apr. 1, 1998 Reserved) ...... (869–038–00006–7) ...... 44.00 Jan. 1, 1999 600–799 ...... (869–034–00065–7) ...... 9.00 Apr. 1, 1998 7 Parts: 800–1299 ...... (869–034–00066–5) ...... 32.00 Apr. 1, 1998 1–26 ...... (869–038–00007–5) ...... 25.00 Jan. 1, 1999 1300–End ...... (869–034–00067–3) ...... 12.00 Apr. 1, 1998 27–52 ...... (869–038–00008–3) ...... 32.00 Jan. 1, 1999 22 Parts: 53–209 ...... (869–038–00009–1) ...... 20.00 Jan. 1, 1999 1–299 ...... (869–034–00068–1) ...... 41.00 Apr. 1, 1998 210–299 ...... (869–038–00010–5) ...... 47.00 Jan. 1, 1999 300–End ...... (869–034–00069–0) ...... 31.00 Apr. 1, 1998 300–399 ...... (869–038–00011–3) ...... 25.00 Jan. 1, 1999 400–699 ...... (869–038–00012–1) ...... 37.00 Jan. 1, 1999 23 ...... (869–034–00070–3) ...... 25.00 Apr. 1, 1998 700–899 ...... (869–038–00013–0) ...... 32.00 Jan. 1, 1999 24 Parts: 900–999 ...... (869–038–00014–8) ...... 41.00 Jan. 1, 1999 0–199 ...... (869–034–00071–1) ...... 32.00 Apr. 1, 1998 1000–1199 ...... (869–034–00015–1) ...... 44.00 Jan. 1, 1998 200–499 ...... (869–034–00072–0) ...... 28.00 Apr. 1, 1998 1200–1599 ...... (869–038–00016–4) ...... 34.00 Jan. 1, 1999 *500–699 ...... (869–038–00073–3) ...... 18.00 Apr. 1, 1999 1600–1899 ...... (869–038–00017–2) ...... 55.00 Jan. 1, 1999 700–1699 ...... (869–034–00074–6) ...... 45.00 Apr. 1, 1998 1900–1939 ...... (869–038–00018–1) ...... 19.00 Jan. 1, 1999 1700–End ...... (869–034–00075–4) ...... 17.00 Apr. 1, 1998 1940–1949 ...... (869–038–00019–9) ...... 34.00 Jan. 1, 1999 25 ...... (869–034–00076–2) ...... 42.00 Apr. 1, 1998 1950–1999 ...... (869–038–00020–2) ...... 41.00 Jan. 1, 1999 2000–End ...... (869–038–00021–1) ...... 27.00 Jan. 1, 1999 26 Parts: §§ 1.0-1–1.60 ...... (869–034–00077–1) ...... 26.00 Apr. 1, 1998 8 ...... (869–038–00022–9) ...... 36.00 Jan. 1, 1999 §§ 1.61–1.169 ...... (869–034–00078–9) ...... 48.00 Apr. 1, 1998 9 Parts: §§ 1.170–1.300 ...... (869–034–00079–7) ...... 31.00 Apr. 1, 1998 1–199 ...... (869–038–00023–7) ...... 42.00 Jan. 1, 1999 §§ 1.301–1.400 ...... (869–034–00080–1) ...... 23.00 Apr. 1, 1998 200–End ...... (869–038–00024–5) ...... 37.00 Jan. 1, 1999 §§ 1.401–1.440 ...... (869–034–00081–9) ...... 39.00 Apr. 1, 1998 §§ 1.441-1.500 ...... (869-034-00082-7) ...... 29.00 Apr. 1, 1998 10 Parts: §§ 1.501–1.640 ...... (869–034–00083–5) ...... 27.00 Apr. 1, 1998 *1–50 ...... (869–038–00025–3) ...... 42.00 Jan. 1, 1999 §§ 1.641–1.850 ...... (869–034–00084–3) ...... 32.00 Apr. 1, 1998 51–199 ...... (869–038–00026–1) ...... 34.00 Jan. 1, 1999 §§ 1.851–1.907 ...... (869–034–00085–1) ...... 36.00 Apr. 1, 1998 200–499 ...... (869–038–00027–0) ...... 33.00 Jan. 1, 1999 §§ 1.908–1.1000 ...... (869–034–00086–0) ...... 35.00 Apr. 1, 1998 500–End ...... (869–038–00028–8) ...... 43.00 Jan. 1, 1999 §§ 1.1001–1.1400 ...... (869–034–00087–8) ...... 38.00 Apr. 1, 1998 11 ...... (869–038–0002–6) ...... 20.00 Jan. 1, 1999 §§ 1.1401–End ...... (869–034–00088–6) ...... 51.00 Apr. 1, 1998 2–29 ...... (869–034–00089–4) ...... 36.00 Apr. 1, 1998 12 Parts: 30–39 ...... (869–034–00090–8) ...... 25.00 Apr. 1, 1998 1–199 ...... (869–038–00030–0) ...... 17.00 Jan. 1, 1999 40–49 ...... (869–034–00091–6) ...... 16.00 Apr. 1, 1998 200–219 ...... (869–038–00031–8) ...... 20.00 Jan. 1, 1999 50–299 ...... (869–034–00092–4) ...... 19.00 Apr. 1, 1998 220–299 ...... (869–038–00032–6) ...... 40.00 Jan. 1, 1999 300–499 ...... (869–034–00093–2) ...... 34.00 Apr. 1, 1998 300–499 ...... (869–038–00033–4) ...... 25.00 Jan. 1, 1999 500–599 ...... (869–034–00094–1) ...... 10.00 Apr. 1, 1998 500–599 ...... (869–038–00034–2) ...... 24.00 Jan. 1, 1999 600–End ...... (869–034–00095–9) ...... 9.00 Apr. 1, 1998 600–End ...... (869–038–00035–1) ...... 45.00 Jan. 1, 1999 27 Parts: 13 ...... (869–038–00036–9) ...... 25.00 Jan. 1, 1999 1–199 ...... (869–034–00096–7) ...... 49.00 Apr. 1, 1998

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–034–00097–5) ...... 17.00 6 Apr. 1, 1998 266–299 ...... (869–034–00151–3) ...... 33.00 July 1, 1998 ...... 28 Parts: ...... 300–399 (869–034–00152–1) 26.00 July 1, 1998 400–424 ...... (869–034–00153–0) ...... 33.00 July 1, 1998 0-42 ...... (869–034–00098–3) ...... 36.00 July 1, 1998 425–699 ...... (869–034–00154–8) ...... 42.00 July 1, 1998 43-end ...... (869-034-00099-1) ...... 30.00 July 1, 1998 700–789 ...... (869–034–00155–6) ...... 41.00 July 1, 1998 29 Parts: 790–End ...... (869–034–00156–4) ...... 22.00 July 1, 1998 0–99 ...... (869–034–00100–9) ...... 26.00 July 1, 1998 41 Chapters: 100–499 ...... (869–034–00101–7) ...... 12.00 July 1, 1998 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 500–899 ...... (869–034–00102–5) ...... 40.00 July 1, 1998 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 900–1899 ...... (869–034–00103–3) ...... 20.00 July 1, 1998 3–6 ...... 14.00 3 July 1, 1984 1900–1910 (§§ 1900 to 7 ...... 6.00 3 July 1, 1984 1910.999) ...... (869–034–00104–1) ...... 44.00 July 1, 1998 8 ...... 4.50 3 July 1, 1984 1910 (§§ 1910.1000 to 9 ...... 13.00 3 July 1, 1984 end) ...... (869–034–00105–0) ...... 27.00 July 1, 1998 10–17 ...... 9.50 3 July 1, 1984 1911–1925 ...... (869–034–00106–8) ...... 17.00 July 1, 1998 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1926 ...... (869–034–00107–6) ...... 30.00 July 1, 1998 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 1927–End ...... (869–034–00108–4) ...... 41.00 July 1, 1998 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 30 Parts: 19–100 ...... 13.00 3 July 1, 1984 1–199 ...... (869–034–00109–2) ...... 33.00 July 1, 1998 1–100 ...... (869–034–00157–2) ...... 13.00 July 1, 1998 200–699 ...... (869–034–00110–6) ...... 29.00 July 1, 1998 101 ...... (869–034–00158–1) ...... 37.00 July 1, 1998 700–End ...... (869–034–00111–4) ...... 33.00 July 1, 1998 102–200 ...... (869–034–00158–9) ...... 15.00 July 1, 1998 201–End ...... (869–034–00160–2) ...... 13.00 July 1, 1998 31 Parts: 0–199 ...... (869–034–00112–2) ...... 20.00 July 1, 1998 42 Parts: 200–End ...... (869–034–00113–1) ...... 46.00 July 1, 1998 1–399 ...... (869–034–00161–1) ...... 34.00 Oct. 1, 1998 400–429 ...... (869–034–00162–9) ...... 41.00 Oct. 1, 1998 32 Parts: 430–End ...... (869–034–00163–7) ...... 51.00 Oct. 1, 1998 1–39, Vol. I ...... 15.00 2 July 1, 1984 1–39, Vol. II ...... 19.00 2 July 1, 1984 43 Parts: 1–39, Vol. III ...... 18.00 2 July 1, 1984 1–999 ...... (869–034–00164–5) ...... 30.00 Oct. 1, 1998 1–190 ...... (869–034–00114–9) ...... 47.00 July 1, 1998 1000–end ...... (869–034–00165–3) ...... 48.00 Oct. 1, 1998 191–399 ...... (869–034–00115–7) ...... 51.00 July 1, 1998 44 ...... (869–034–00166–1) ...... 48.00 Oct. 1, 1998 400–629 ...... (869–034–00116–5) ...... 33.00 July 1, 1998 630–699 ...... (869–034–00117–3) ...... 22.00 4 July 1, 1998 45 Parts: 700–799 ...... (869–034–00118–1) ...... 26.00 July 1, 1998 1–199 ...... (869–034–00167–0) ...... 30.00 Oct. 1, 1998 800–End ...... (869–034–00119–0) ...... 27.00 July 1, 1998 200–499 ...... (869–034–00168–8) ...... 18.00 Oct. 1, 1998 500–1199 ...... (869–034–00169–6) ...... 29.00 Oct. 1, 1998 33 Parts: 1200–End ...... (869–034–00170–0) ...... 39.00 Oct. 1, 1998 1–124 ...... (869–034–00120–3) ...... 29.00 July 1, 1998 125–199 ...... (869–034–00121–1) ...... 38.00 July 1, 1998 46 Parts: 200–End ...... (869–034–00122–0) ...... 30.00 July 1, 1998 1–40 ...... (869–034–00171–8) ...... 26.00 Oct. 1, 1998 41–69 ...... (869–034–00172–6) ...... 21.00 Oct. 1, 1998 34 Parts: 70–89 ...... (869–034–00173–4) ...... 8.00 Oct. 1, 1998 1–299 ...... (869–034–00123–8) ...... 27.00 July 1, 1998 90–139 ...... (869–034–00174–2) ...... 26.00 Oct. 1, 1998 300–399 ...... (869–034–00124–6) ...... 25.00 July 1, 1998 140–155 ...... (869–034–00175–1) ...... 14.00 Oct. 1, 1998 400–End ...... (869–034–00125–4) ...... 44.00 July 1, 1998 156–165 ...... (869–034–00176–9) ...... 19.00 Oct. 1, 1998 35 ...... (869–034–00126–2) ...... 14.00 July 1, 1998 166–199 ...... (869–034–00177–7) ...... 25.00 Oct. 1, 1998 200–499 ...... (869–034–00178–5) ...... 22.00 Oct. 1, 1998 36 Parts 500–End ...... (869–034–00179–3) ...... 16.00 Oct. 1, 1998 1–199 ...... (869–034–00127–1) ...... 20.00 July 1, 1998 200–299 ...... (869–034–00128–9) ...... 21.00 July 1, 1998 47 Parts: 300–End ...... (869–034–00129–7) ...... 35.00 July 1, 1998 0–19 ...... (869–034–00180–7) ...... 36.00 Oct. 1, 1998 20–39 ...... (869–034–00181–5) ...... 27.00 Oct. 1, 1998 37 (869–034–00130–1) ...... 27.00 July 1, 1998 40–69 ...... (869–034–00182–3) ...... 24.00 Oct. 1, 1998 38 Parts: 70–79 ...... (869–034–00183–1) ...... 37.00 Oct. 1, 1998 0–17 ...... (869–034–00131–9) ...... 34.00 July 1, 1998 80–End ...... (869–034–00184–0) ...... 40.00 Oct. 1, 1998 18–End ...... (869–034–00132–7) ...... 39.00 July 1, 1998 48 Chapters: 39 ...... (869–034–00133–5) ...... 23.00 July 1, 1998 1 (Parts 1–51) ...... (869–034–00185–8) ...... 51.00 Oct. 1, 1998 1 (Parts 52–99) ...... (869–034–00186–6) ...... 29.00 Oct. 1, 1998 40 Parts: 2 (Parts 201–299) ...... (869–034–00187–4) ...... 34.00 Oct. 1, 1998 1–49 ...... (869–034–00134–3) ...... 31.00 July 1, 1998 3–6 ...... (869–034–00188–2) ...... 29.00 Oct. 1, 1998 50–51 ...... (869–034–00135–1) ...... 24.00 July 1, 1998 7–14 ...... (869–034–00189–1) ...... 32.00 Oct. 1, 1998 52 (52.01–52.1018) ...... (869–034–00136–0) ...... 28.00 July 1, 1998 15–28 ...... (869–034–00190–4) ...... 33.00 Oct. 1, 1998 52 (52.1019–End) ...... (869–034–00137–8) ...... 33.00 July 1, 1998 29–End ...... (869–034–00191–2) ...... 24.00 Oct. 1, 1998 53–59 ...... (869–034–00138–6) ...... 17.00 July 1, 1998 60 ...... (869–034–00139–4) ...... 53.00 July 1, 1998 49 Parts: 61–62 ...... (869–034–00140–8) ...... 18.00 July 1, 1998 1–99 ...... (869–034–00192–1) ...... 31.00 Oct. 1, 1998 63 ...... (869–034–00141–6) ...... 57.00 July 1, 1998 100–185 ...... (869–034–00193–9) ...... 50.00 Oct. 1, 1998 64–71 ...... (869–034–00142–4) ...... 11.00 July 1, 1998 186–199 ...... (869–034–00194–7) ...... 11.00 Oct. 1, 1998 72–80 ...... (869–034–00143–2) ...... 36.00 July 1, 1998 200–399 ...... (869–034–00195–5) ...... 46.00 Oct. 1, 1998 81–85 ...... (869–034–00144–1) ...... 31.00 July 1, 1998 400–999 ...... (869–034–00196–3) ...... 54.00 Oct. 1, 1998 86 ...... (869–034–00144–9) ...... 53.00 July 1, 1998 1000–1199 ...... (869–034–00197–1) ...... 17.00 Oct. 1, 1998 87-135 ...... (869–034–00146–7) ...... 47.00 July 1, 1998 1200–End ...... (869–034–00198–0) ...... 13.00 Oct. 1, 1998 136–149 ...... (869–034–00147–5) ...... 37.00 July 1, 1998 50 Parts: 150–189 ...... (869–034–00148–3) ...... 34.00 July 1, 1998 1–199 ...... (869–034–00199–8) ...... 42.00 Oct. 1, 1998 190–259 ...... (869–034–00149–1) ...... 23.00 July 1, 1998 200–599 ...... (869–034–00200–5) ...... 22.00 Oct. 1, 1998 260–265 ...... (869–034–00150–9) ...... 29.00 July 1, 1998 600–End ...... (869–034–00201–3) ...... 33.00 Oct. 1, 1998

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

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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–038–00037–7) ...... 50.00 Jan. 1, 1999 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–038–00038–5) ...... 42.00 Jan. 1, 1999 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–038–00039–3) ...... 17.00 Jan. 1, 1999 numbers, prices, and revision dates. *200–1199 ...... (869–038–00040–7) ...... 28.00 Jan. 1, 1999 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–038–00041–5) ...... 24.00 Jan. 1, 1999 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–038–00042–3) ...... 25.00 Jan. 1, 1999 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–038–00043–1) ...... 36.00 Jan. 1, 1999 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–038–00044–0) ...... 24.00 Jan. 1, 1999 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–038–00045–8) ...... 32.00 Jan. 1, 1999 Office's GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–038–00046–6) ...... 37.00 Jan. 1, 1999 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–034–00048–7) ...... 27.00 Apr. 1, 1998 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–034–00049–5) ...... 32.00 Apr. 1, 1998 $951.00 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–034–00050–9) ...... 40.00 Apr. 1, 1998 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–399 ...... (869–034–00051–7) ...... 45.00 Apr. 1, 1998 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–034–00052–5) ...... 13.00 Apr. 1, 1998 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–034–00053–3) ...... 34.00 Apr. 1, 1998 charge orders to (202) 512-2250. 141–199 ...... (869–034–00054–1) ...... 33.00 Apr. 1, 1998 200–End ...... (869–034–00055–0) ...... 15.00 Apr. 1, 1998 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–034–00001–1) ...... 5.00 5 Jan. 1, 1998 1–399 ...... (869–034–00056–8) ...... 29.00 Apr. 1, 1998 3 (1997 Compilation 400–499 ...... (869–034–00057–6) ...... 28.00 Apr. 1, 1998 and Parts 100 and 500–End ...... (869–034–00058–4) ...... 44.00 Apr. 1, 1998 1 101) ...... (869–038–00002–4) ...... 20.00 Jan. 1, 1999 21 Parts: 4 ...... (869–034–00003–7) ...... 7.00 5 Jan. 1, 1998 1–99 ...... (869–034–00059–2) ...... 21.00 Apr. 1, 1998 100–169 ...... (869–034–00060–6) ...... 27.00 Apr. 1, 1998 5 Parts: 170–199 ...... (869–034–00061–4) ...... 28.00 Apr. 1, 1998 1–699 ...... (869–038–00004–1) ...... 37.00 Jan. 1, 1999 200–299 ...... (869–034–00062–2) ...... 9.00 Apr. 1, 1998 *700–1199 ...... (869–038–00005–9) ...... 27.00 Jan. 1, 1999 300–499 ...... (869–034–00063–1) ...... 50.00 Apr. 1, 1998 1200–End, 6 (6 500–599 ...... (869–034–00064–9) ...... 28.00 Apr. 1, 1998 Reserved) ...... (869–038–00006–7) ...... 44.00 Jan. 1, 1999 600–799 ...... (869–034–00065–7) ...... 9.00 Apr. 1, 1998 7 Parts: 800–1299 ...... (869–034–00066–5) ...... 32.00 Apr. 1, 1998 1–26 ...... (869–038–00007–5) ...... 25.00 Jan. 1, 1999 1300–End ...... (869–034–00067–3) ...... 12.00 Apr. 1, 1998 27–52 ...... (869–038–00008–3) ...... 32.00 Jan. 1, 1999 22 Parts: 53–209 ...... (869–038–00009–1) ...... 20.00 Jan. 1, 1999 1–299 ...... (869–034–00068–1) ...... 41.00 Apr. 1, 1998 210–299 ...... (869–038–00010–5) ...... 47.00 Jan. 1, 1999 300–End ...... (869–034–00069–0) ...... 31.00 Apr. 1, 1998 300–399 ...... (869–038–00011–3) ...... 25.00 Jan. 1, 1999 400–699 ...... (869–038–00012–1) ...... 37.00 Jan. 1, 1999 23 ...... (869–034–00070–3) ...... 25.00 Apr. 1, 1998 700–899 ...... (869–038–00013–0) ...... 32.00 Jan. 1, 1999 24 Parts: 900–999 ...... (869–038–00014–8) ...... 41.00 Jan. 1, 1999 0–199 ...... (869–034–00071–1) ...... 32.00 Apr. 1, 1998 1000–1199 ...... (869–034–00015–1) ...... 44.00 Jan. 1, 1998 200–499 ...... (869–034–00072–0) ...... 28.00 Apr. 1, 1998 1200–1599 ...... (869–038–00016–4) ...... 34.00 Jan. 1, 1999 *500–699 ...... (869–038–00073–3) ...... 18.00 Apr. 1, 1999 1600–1899 ...... (869–038–00017–2) ...... 55.00 Jan. 1, 1999 700–1699 ...... (869–034–00074–6) ...... 45.00 Apr. 1, 1998 1900–1939 ...... (869–038–00018–1) ...... 19.00 Jan. 1, 1999 1700–End ...... (869–034–00075–4) ...... 17.00 Apr. 1, 1998 1940–1949 ...... (869–038–00019–9) ...... 34.00 Jan. 1, 1999 25 ...... (869–034–00076–2) ...... 42.00 Apr. 1, 1998 1950–1999 ...... (869–038–00020–2) ...... 41.00 Jan. 1, 1999 2000–End ...... (869–038–00021–1) ...... 27.00 Jan. 1, 1999 26 Parts: §§ 1.0-1–1.60 ...... (869–034–00077–1) ...... 26.00 Apr. 1, 1998 8 ...... (869–038–00022–9) ...... 36.00 Jan. 1, 1999 §§ 1.61–1.169 ...... (869–034–00078–9) ...... 48.00 Apr. 1, 1998 9 Parts: §§ 1.170–1.300 ...... (869–034–00079–7) ...... 31.00 Apr. 1, 1998 1–199 ...... (869–038–00023–7) ...... 42.00 Jan. 1, 1999 §§ 1.301–1.400 ...... (869–034–00080–1) ...... 23.00 Apr. 1, 1998 200–End ...... (869–038–00024–5) ...... 37.00 Jan. 1, 1999 §§ 1.401–1.440 ...... (869–034–00081–9) ...... 39.00 Apr. 1, 1998 §§ 1.441-1.500 ...... (869-034-00082-7) ...... 29.00 Apr. 1, 1998 10 Parts: §§ 1.501–1.640 ...... (869–034–00083–5) ...... 27.00 Apr. 1, 1998 *1–50 ...... (869–038–00025–3) ...... 42.00 Jan. 1, 1999 §§ 1.641–1.850 ...... (869–034–00084–3) ...... 32.00 Apr. 1, 1998 51–199 ...... (869–038–00026–1) ...... 34.00 Jan. 1, 1999 §§ 1.851–1.907 ...... (869–034–00085–1) ...... 36.00 Apr. 1, 1998 200–499 ...... (869–038–00027–0) ...... 33.00 Jan. 1, 1999 §§ 1.908–1.1000 ...... (869–034–00086–0) ...... 35.00 Apr. 1, 1998 500–End ...... (869–038–00028–8) ...... 43.00 Jan. 1, 1999 §§ 1.1001–1.1400 ...... (869–034–00087–8) ...... 38.00 Apr. 1, 1998 11 ...... (869–038–0002–6) ...... 20.00 Jan. 1, 1999 §§ 1.1401–End ...... (869–034–00088–6) ...... 51.00 Apr. 1, 1998 2–29 ...... (869–034–00089–4) ...... 36.00 Apr. 1, 1998 12 Parts: 30–39 ...... (869–034–00090–8) ...... 25.00 Apr. 1, 1998 1–199 ...... (869–038–00030–0) ...... 17.00 Jan. 1, 1999 40–49 ...... (869–034–00091–6) ...... 16.00 Apr. 1, 1998 200–219 ...... (869–038–00031–8) ...... 20.00 Jan. 1, 1999 50–299 ...... (869–034–00092–4) ...... 19.00 Apr. 1, 1998 220–299 ...... (869–038–00032–6) ...... 40.00 Jan. 1, 1999 300–499 ...... (869–034–00093–2) ...... 34.00 Apr. 1, 1998 300–499 ...... (869–038–00033–4) ...... 25.00 Jan. 1, 1999 500–599 ...... (869–034–00094–1) ...... 10.00 Apr. 1, 1998 500–599 ...... (869–038–00034–2) ...... 24.00 Jan. 1, 1999 600–End ...... (869–034–00095–9) ...... 9.00 Apr. 1, 1998 600–End ...... (869–038–00035–1) ...... 45.00 Jan. 1, 1999 27 Parts: 13 ...... (869–038–00036–9) ...... 25.00 Jan. 1, 1999 1–199 ...... (869–034–00096–7) ...... 49.00 Apr. 1, 1998

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–034–00097–5) ...... 17.00 6 Apr. 1, 1998 266–299 ...... (869–034–00151–3) ...... 33.00 July 1, 1998 ...... 28 Parts: ...... 300–399 (869–034–00152–1) 26.00 July 1, 1998 400–424 ...... (869–034–00153–0) ...... 33.00 July 1, 1998 0-42 ...... (869–034–00098–3) ...... 36.00 July 1, 1998 425–699 ...... (869–034–00154–8) ...... 42.00 July 1, 1998 43-end ...... (869-034-00099-1) ...... 30.00 July 1, 1998 700–789 ...... (869–034–00155–6) ...... 41.00 July 1, 1998 29 Parts: 790–End ...... (869–034–00156–4) ...... 22.00 July 1, 1998 0–99 ...... (869–034–00100–9) ...... 26.00 July 1, 1998 41 Chapters: 100–499 ...... (869–034–00101–7) ...... 12.00 July 1, 1998 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 500–899 ...... (869–034–00102–5) ...... 40.00 July 1, 1998 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 900–1899 ...... (869–034–00103–3) ...... 20.00 July 1, 1998 3–6 ...... 14.00 3 July 1, 1984 1900–1910 (§§ 1900 to 7 ...... 6.00 3 July 1, 1984 1910.999) ...... (869–034–00104–1) ...... 44.00 July 1, 1998 8 ...... 4.50 3 July 1, 1984 1910 (§§ 1910.1000 to 9 ...... 13.00 3 July 1, 1984 end) ...... (869–034–00105–0) ...... 27.00 July 1, 1998 10–17 ...... 9.50 3 July 1, 1984 1911–1925 ...... (869–034–00106–8) ...... 17.00 July 1, 1998 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1926 ...... (869–034–00107–6) ...... 30.00 July 1, 1998 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 1927–End ...... (869–034–00108–4) ...... 41.00 July 1, 1998 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 30 Parts: 19–100 ...... 13.00 3 July 1, 1984 1–199 ...... (869–034–00109–2) ...... 33.00 July 1, 1998 1–100 ...... (869–034–00157–2) ...... 13.00 July 1, 1998 200–699 ...... (869–034–00110–6) ...... 29.00 July 1, 1998 101 ...... (869–034–00158–1) ...... 37.00 July 1, 1998 700–End ...... (869–034–00111–4) ...... 33.00 July 1, 1998 102–200 ...... (869–034–00158–9) ...... 15.00 July 1, 1998 201–End ...... (869–034–00160–2) ...... 13.00 July 1, 1998 31 Parts: 0–199 ...... (869–034–00112–2) ...... 20.00 July 1, 1998 42 Parts: 200–End ...... (869–034–00113–1) ...... 46.00 July 1, 1998 1–399 ...... (869–034–00161–1) ...... 34.00 Oct. 1, 1998 400–429 ...... (869–034–00162–9) ...... 41.00 Oct. 1, 1998 32 Parts: 430–End ...... (869–034–00163–7) ...... 51.00 Oct. 1, 1998 1–39, Vol. I ...... 15.00 2 July 1, 1984 1–39, Vol. II ...... 19.00 2 July 1, 1984 43 Parts: 1–39, Vol. III ...... 18.00 2 July 1, 1984 1–999 ...... (869–034–00164–5) ...... 30.00 Oct. 1, 1998 1–190 ...... (869–034–00114–9) ...... 47.00 July 1, 1998 1000–end ...... (869–034–00165–3) ...... 48.00 Oct. 1, 1998 191–399 ...... (869–034–00115–7) ...... 51.00 July 1, 1998 44 ...... (869–034–00166–1) ...... 48.00 Oct. 1, 1998 400–629 ...... (869–034–00116–5) ...... 33.00 July 1, 1998 630–699 ...... (869–034–00117–3) ...... 22.00 4 July 1, 1998 45 Parts: 700–799 ...... (869–034–00118–1) ...... 26.00 July 1, 1998 1–199 ...... (869–034–00167–0) ...... 30.00 Oct. 1, 1998 800–End ...... (869–034–00119–0) ...... 27.00 July 1, 1998 200–499 ...... (869–034–00168–8) ...... 18.00 Oct. 1, 1998 500–1199 ...... (869–034–00169–6) ...... 29.00 Oct. 1, 1998 33 Parts: 1200–End ...... (869–034–00170–0) ...... 39.00 Oct. 1, 1998 1–124 ...... (869–034–00120–3) ...... 29.00 July 1, 1998 125–199 ...... (869–034–00121–1) ...... 38.00 July 1, 1998 46 Parts: 200–End ...... (869–034–00122–0) ...... 30.00 July 1, 1998 1–40 ...... (869–034–00171–8) ...... 26.00 Oct. 1, 1998 41–69 ...... (869–034–00172–6) ...... 21.00 Oct. 1, 1998 34 Parts: 70–89 ...... (869–034–00173–4) ...... 8.00 Oct. 1, 1998 1–299 ...... (869–034–00123–8) ...... 27.00 July 1, 1998 90–139 ...... (869–034–00174–2) ...... 26.00 Oct. 1, 1998 300–399 ...... (869–034–00124–6) ...... 25.00 July 1, 1998 140–155 ...... (869–034–00175–1) ...... 14.00 Oct. 1, 1998 400–End ...... (869–034–00125–4) ...... 44.00 July 1, 1998 156–165 ...... (869–034–00176–9) ...... 19.00 Oct. 1, 1998 35 ...... (869–034–00126–2) ...... 14.00 July 1, 1998 166–199 ...... (869–034–00177–7) ...... 25.00 Oct. 1, 1998 200–499 ...... (869–034–00178–5) ...... 22.00 Oct. 1, 1998 36 Parts 500–End ...... (869–034–00179–3) ...... 16.00 Oct. 1, 1998 1–199 ...... (869–034–00127–1) ...... 20.00 July 1, 1998 200–299 ...... (869–034–00128–9) ...... 21.00 July 1, 1998 47 Parts: 300–End ...... (869–034–00129–7) ...... 35.00 July 1, 1998 0–19 ...... (869–034–00180–7) ...... 36.00 Oct. 1, 1998 20–39 ...... (869–034–00181–5) ...... 27.00 Oct. 1, 1998 37 (869–034–00130–1) ...... 27.00 July 1, 1998 40–69 ...... (869–034–00182–3) ...... 24.00 Oct. 1, 1998 38 Parts: 70–79 ...... (869–034–00183–1) ...... 37.00 Oct. 1, 1998 0–17 ...... (869–034–00131–9) ...... 34.00 July 1, 1998 80–End ...... (869–034–00184–0) ...... 40.00 Oct. 1, 1998 18–End ...... (869–034–00132–7) ...... 39.00 July 1, 1998 48 Chapters: 39 ...... (869–034–00133–5) ...... 23.00 July 1, 1998 1 (Parts 1–51) ...... (869–034–00185–8) ...... 51.00 Oct. 1, 1998 1 (Parts 52–99) ...... (869–034–00186–6) ...... 29.00 Oct. 1, 1998 40 Parts: 2 (Parts 201–299) ...... (869–034–00187–4) ...... 34.00 Oct. 1, 1998 1–49 ...... (869–034–00134–3) ...... 31.00 July 1, 1998 3–6 ...... (869–034–00188–2) ...... 29.00 Oct. 1, 1998 50–51 ...... (869–034–00135–1) ...... 24.00 July 1, 1998 7–14 ...... (869–034–00189–1) ...... 32.00 Oct. 1, 1998 52 (52.01–52.1018) ...... (869–034–00136–0) ...... 28.00 July 1, 1998 15–28 ...... (869–034–00190–4) ...... 33.00 Oct. 1, 1998 52 (52.1019–End) ...... (869–034–00137–8) ...... 33.00 July 1, 1998 29–End ...... (869–034–00191–2) ...... 24.00 Oct. 1, 1998 53–59 ...... (869–034–00138–6) ...... 17.00 July 1, 1998 60 ...... (869–034–00139–4) ...... 53.00 July 1, 1998 49 Parts: 61–62 ...... (869–034–00140–8) ...... 18.00 July 1, 1998 1–99 ...... (869–034–00192–1) ...... 31.00 Oct. 1, 1998 63 ...... (869–034–00141–6) ...... 57.00 July 1, 1998 100–185 ...... (869–034–00193–9) ...... 50.00 Oct. 1, 1998 64–71 ...... (869–034–00142–4) ...... 11.00 July 1, 1998 186–199 ...... (869–034–00194–7) ...... 11.00 Oct. 1, 1998 72–80 ...... (869–034–00143–2) ...... 36.00 July 1, 1998 200–399 ...... (869–034–00195–5) ...... 46.00 Oct. 1, 1998 81–85 ...... (869–034–00144–1) ...... 31.00 July 1, 1998 400–999 ...... (869–034–00196–3) ...... 54.00 Oct. 1, 1998 86 ...... (869–034–00144–9) ...... 53.00 July 1, 1998 1000–1199 ...... (869–034–00197–1) ...... 17.00 Oct. 1, 1998 87-135 ...... (869–034–00146–7) ...... 47.00 July 1, 1998 1200–End ...... (869–034–00198–0) ...... 13.00 Oct. 1, 1998 136–149 ...... (869–034–00147–5) ...... 37.00 July 1, 1998 50 Parts: 150–189 ...... (869–034–00148–3) ...... 34.00 July 1, 1998 1–199 ...... (869–034–00199–8) ...... 42.00 Oct. 1, 1998 190–259 ...... (869–034–00149–1) ...... 23.00 July 1, 1998 200–599 ...... (869–034–00200–5) ...... 22.00 Oct. 1, 1998 260–265 ...... (869–034–00150–9) ...... 29.00 July 1, 1998 600–End ...... (869–034–00201–3) ...... 33.00 Oct. 1, 1998

VerDate 06-MAY-99 16:43 May 14, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\17MYCL.XXX pfrm01 PsN: 17MYCL Federal Register / Vol. 64, No. 94/ Monday, May 17, 1999 / Reader Aids xi

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

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