2–15–00 Tuesday Vol. 65 No. 31 Feb. 15, 2000 Pages 7427–7708
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1 II Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000
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 interest. Paper or fiche 523–5243 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: 65 FR 12345.
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2 III
Contents Federal Register Vol. 65, No. 31
Tuesday, February 15, 2000
Agricultural Marketing Service Economics and Statistics Administration RULES NOTICES Blueberry promotion, research, and information order: Agency information collection activities: Referendum procedures, 7652–7656 Proposed collection; comment request, 7489 PROPOSED RULES Blueberry promotion, research, and information order, Education Department 7657–7672 Perishable Agricultural Commodities Act; implementation: RULES License and complaint filing fees increase, 7462–7465 Postsecondary education: NOTICES Minority Science and Engineering Improvement Program, Field peas and black-eye peas (frozen); grade standards, 7674–7675 7486 NOTICES Agency information collection activities: Agriculture Department Proposed collection; comment request, 7532 See Agricultural Marketing Service Submission for OMB review; comment request, 7532– 7533 Air Force Department Grants and cooperative agreements; availability, etc.: NOTICES Elementary and secondary education— Agency information collection activities: Montana and Oklahoma; local educational agencies; Proposed collection; comment request, 7531 comprehensive local reform assistance, 7682–7703 Meetings: Postsecondary education— Air University Board of Visitors, 7531–7532 Minority Science and Engineering Improvement Program, 7676 Census Bureau Special education and rehabilitative services— NOTICES Rehabilitation Short-Term Training Program, 7678– Agency information collection activities: 7679 Proposed collection; comment request, 7487–7489 Centers for Disease Control and Prevention Employment and Training Administration NOTICES NOTICES Meetings: Adjustment assistance: HIV and STD Prevention Advisory Committee, 7557 Glenoit Corp., 7565–7566 Great American Knitting Mills, 7566 Coast Guard Hewlett Packard Co. et al., 7566–7567 RULES Lawson Mardon Thermoplate Corp., 7567 Drawbridge operations: Levi Strauss & Co., 7567 Connecticut, 7436 London International et al., 7567–7568 Wagener Manufacturing Co., 7568 Commerce Department Wolverine Tube, Inc., 7568 See Census Bureau Adjustment assistance and NAFTA transitional adjustment See Economics and Statistics Administration assistance See International Trade Administration Flynt Fabrics, Inc., et al., 7563–7565 See National Institute of Standards and Technology NAFTA transitional adjustment assistance: See National Oceanic and Atmospheric Administration Levi Strauss & Co., 7568–7569 NOTICES Wolverine Tube, Inc., 7569 Agency information collection activities: Submission for OMB review; comment request, 7486– Energy Department 7487 See Federal Energy Regulatory Commission Defense Department NOTICES Meetings: See Air Force Department NOTICES Environmental Management Site-Specific Advisory Acquisition regulations: Board— Comprehensive small business subcontracting plans Rocky Flats, CO, 7533 negotiation; test program, 7509–7512 High Energy Physics Advisory Panel, 7533–7534 Agency information collection activities: Natural gas exportation and importation: Proposed collection; comment request, 7512–7513 Wessely Marketing Corp. et al., 7534–7535 Submission for OMB review; comment request, 7513 Arms sales notification; transmittal letter, etc., 7513–7530 Environmental Protection Agency Meetings: RULES Capabilities for Domestic Response to Terrorist Attacks Air quality implementation plans; approval and Involving Weapons of Mass Destruction Advisory promulgation; various States: Panel, 7531 Kentucky, 7437–7440
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PROPOSED RULES Federal Emergency Management Agency Air quality implementation plans; approval and RULES promulgation; various States: Flood elevation determinations: Kentucky, 7470 Various States, 7440–7448 NOTICES PROPOSED RULES Agency information collection activities: Flood elevation determinations: Proposed collection; comment request, 7544–7545 Various States, 7471–7481 Submission for OMB review; comment request, 7545– 7546 Federal Energy Regulatory Commission Hazardous waste: NOTICES Project XL program; site-specific projects— Electric rate and corporate regulation filings: International Paper Predictive Emissions Monitoring Consolidated Edison, Inc., et al., 7536–7543 Project, ME, 7546–7547 Environmental statements; availability, etc.: United States Postal Service Project, CO, 7547 Yadkin, Inc., 7543 Meetings: Hydroelectric applications, 7543–7544 Environmental Financial Advisory Board, 7547–7548 Applications, hearings, determinations, etc.: Local Government Advisory Committee, 7548 Algonquin Gas Transmission Co., 7535 Microbial and Disinfectants/Disinfection Byproducts Central Maine Power Co., 7535 Advisory Committee, 7548 CNG Transmission Corp., 7535–7536 Columbia Gulf Transmission Co., 7536 National Drinking Water Advisory Council, 7548–7549 Panhandle Eastern Pipeline Co. et al., 7536 Science Advisory Board, 7549–7550 Reports and guidance documents; availability, etc.: Federal Railroad Administration Superfund probabilistic risk assesment to characterize PROPOSED RULES uncertainty and variability; guidance, 7550–7552 Railroad safety: Superfund program: Locomotive horns use at highway-rail grade crossings; Prospective purchaser agreements— requirement for sounding Metro Container Corp. Site, PA, 7552 Hearings, 7483 Federal Reserve System Executive Office of the President NOTICES See National Education Goals Panel Banks and bank holding companies: See Trade Representative, Office of United States Formations, acquisitions, and mergers, 7554
Federal Aviation Administration Fish and Wildlife Service PROPOSED RULES RULES Airworthiness directives: Endangered and threatened species: Eurocopter France, 7427–7428 Tidewater goby, 7483–7485 NOTICES MD Helicopters Inc., 7428–7430 Endangered and threatened species permit applications, PROPOSED RULES 7560 Airworthiness directives: Airbus, 7465–7467 Food and Drug Administration NOTICES NOTICES Agency information collection activities: Reports and guidance documents; availability, etc.: Submission for OMB review; comment request, 7606– Standardized dust mite and grass allergen vaccines: 7607 potency limits; revised protocol; reviewer guidance, Passenger facility charges; applications, etc.: 7557–7558 Harrisburg International Airport, PA, 7607 Health and Human Services Department Federal Communications Commission See Centers for Disease Control and Prevention See Food and Drug Administration RULES See Health Resources and Services Administration Practice and procedure: NOTICES Forbearance petitions; separate pleadings, 7460 Meetings: Radio and television broadcasting: National Bioethics Advisory Commission, 7554–7555 Broadcast and cable EEO rules and policies, 7448–7459 Poverty income guidelines; annual update, 7555–7557 Radio broadcasting: Low power FM radio service; creation and operation, Health Resources and Services Administration 7616–7649 NOTICES PROPOSED RULES Agency information collection activities: Television broadcasting: Proposed collection; comment request, 7558–7559 Cable television systems— Submission for OMB review; comment request, 7559 New television markets and their designated communities; list, 7481–7483 Housing and Urban Development Department NOTICES NOTICES Agency information collection activities: Organization, functions, and authority delegations: Proposed collection; comment request, 7552–7553 Assistant Secretary for Public and Indian Housing et al., Meetings; Sunshine Act, 7553–7554 7559–7560
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Indian Affairs Bureau Northeastern United States fisheries— RULES Spiny dogfish, 7460–7461 Transportation Equity Act for 21st Century; NOTICES implementation: Fishery conservation and management: Indian Reservation Roads funds; 2000 FY funds Atlantic coastal fisheries; interstate fishery management distribution, 7431–7434 plans; noncompliance determinations— Rhode Island; tautog, 7508–7509 Interior Department See Fish and Wildlife Service National Park Service See Indian Affairs Bureau NOTICES See Land Management Bureau National Register of Historic Places: See National Park Service Pending nominations, 7561–7562 See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office National Science Foundation NOTICES International Trade Administration Committees; establishment, renewal, termination, etc.: NOTICES National Science Board, 7569 Antidumping: Meetings: Chrome-plated lug nuts from— Civil and Mechanical Systems Special Emphasis Panel, Taiwan, 7491–7492 7569–7570 Large newspaper printing presses and components, Design, Manufacturing, and Industrial Innovation Special assembled or unassembled, from— Emphasis Panel, 7570 Japan, 7492–7497 Economics, Decision, and Management Sciences Silicon metal from— Advisory Panel, 7570–7571 Brazil, 7497–7507 Equal Opportunities in Science and Engineering Advisory Antidumping and countervailing duties: Committee, 7571 Hot-rolled lead and bismuth carbon steel products from— Mathematical Sciences Special Emphasis Panel, 7571 United Kingdom, 7490–7491 Methods, Cross-Directorate, and Science and Society Advisory Panel, 7572 Labor Department Neuroscience Advisory Panel, 7572 See Employment and Training Administration Physics Special Emphasis Panel, 7572 NOTICES Agency information collection activities: Nuclear Regulatory Commission Submission for OMB review; comment request, 7563 NOTICES Environmental statements; availability, etc.: Land Management Bureau Holtec International, 7575–7577 NOTICES Applications, hearings, determinations, etc.: Coal leases, exploration licenses, etc.: Army Department— Wyoming, 7560–7561 Jefferson Proving Ground, IN, 7573 Meetings: Northeast Nuclear Energy Co., 7573 Trona, CA; land for recreation and public use, Northern States Power Co., 7574–7575 application; ranch for abused and neglected horses, 7561 Occupational Safety and Health Review Commission RULES Maritime Administration Practice and procedure: NOTICES Settlement judge procedure; settlement part procedure Agency information collection activities: addition; pilot program; expiration date extension, Proposed collection; comment request, 7607–7608 7434
National Education Goals Panel Office of United States Trade Representative NOTICES See Trade Representative, Office of United States Meetings, 7569 Pension Benefit Guaranty Corporation National Highway Traffic Safety Administration RULES NOTICES Single-employer plans: Agency information collection activities: Allocation of assets— Submission for OMB review; comment request, 7609 Interest assumptions for valuing benefits, 7435–7436 NOTICES National Institute of Standards and Technology Multiemployer plans: NOTICES Interest rates and assumptions, 7577 Information processing standards, Federal: Digital Signature Standard, 7507–7508 Personnel Management Office NOTICES National Oceanic and Atmospheric Administration Excepted service: RULES Schedules A,B, and C; positions placed or revoked— Fishery conservation and management: Update, 7577–7579 Alaska; fisheries of Exclusive Economic Zone— Meetings: Atka mackerel; Steller sea lion critical habitat, 7461 Federal Prevailing Rate Advisory Committee, 7579
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Public Health Service See Maritime Administration See Centers for Disease Control and Prevention See National Highway Traffic Safety Administration See Food and Drug Administration See Surface Transportation Board See Health Resources and Services Administration Veterans Affairs Department Reclamation Bureau RULES NOTICES National Service Life Insurance: Agency information collection activities: Premium payments; clarification, 7436–7437 Proposed collection; comment request, 7562–7563 PROPOSED RULES Board of Veterans Appeals: Securities and Exchange Commission Appeals regulations and rules of practice— NOTICES Subpoenas; clarification, 7468–7470 Agency information collection activities: National Service Life Insurance and Veterans Special Life Proposed collection; comment request, 7579–7580 Insurance: Submission for OMB review; comment request, 7580– Term capped policies; cash value, 7467–7468 7581 NOTICES Securities: Agency information collection activities: Suspension of trading— Submission for OMB review; comment request, 7612– Wellness Universe, Inc., 7581 7614 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 7581–7582 National Association of Securities Dealers, Inc., 7582– Separate Parts In This Issue 7584 Pacific Exchange, Inc., 7584–7585 Part II Federal Communications Commission, 7615–7649 Surface Mining Reclamation and Enforcement Office PROPOSED RULES Part III Abandoned mine land reclamation: Department of Agriculture, Agricultural Marketing Service, Fee collection and coal production reporting; OSM-1 USDA, 7651–7672 Form; electronic filing, 7706–7708 Part IV Surface Transportation Board Department of Education, 7673–7676 NOTICES Railroad operation, acquisition, construction, etc.: Part V Canadian National Railway Co. et al., 7610–7612 Department of Education, 7677–7679 Ellis County Rural Rail Transportation District, 7612
Trade Representative, Office of United States Part VI NOTICES Department of Education, 7681–7703 Generalized System of Preferences: Competitive need limitations; import statistics; comment Part VII request, 7586–7605 Department of Labor, Surface Mining Reclamation and Unfair trade practices, petitions, etc.: Enforcement Office, 7705–7708 Canada; tourism and sport fishing, 7606
Transportation Department Reader Aids See Coast Guard Consult the Reader Aids section at the end of this issue for See Federal Aviation Administration phone numbers, online resources, finding aids, reminders, See Federal Railroad Administration and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 1218...... 7652 Proposed Rules: 46...... 7462 47...... 7462 1218...... 7657 14 CFR 39 (2 documents) ...... 7427, 7428 Proposed Rules: 39...... 7465 25 CFR 170...... 7431 29 CFR 2200...... 7434 4044...... 7435 30 CFR Proposed Rules: 870...... 7706 33 CFR 117...... 7436 34 CFR 637...... 7674 38 CFR 8...... 7436 Proposed Rules: 8...... 7467 20...... 7468 40 CFR 52...... 7437 Proposed Rules: 52...... 7470 44 CFR 65...... 7440 67...... 7443 Proposed Rules: 67...... 7471 47 CFR 0...... 7448 1...... 7460 11...... 7616 73 (2 documents) ...... 7448, 7616 74...... 7616 76...... 7448 Proposed Rules: 76...... 7481 49 CFR Proposed Rules: 222...... 7483 229...... 7483 50 CFR 648...... 7460 679...... 7461 Proposed Rules: 17...... 7483
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Rules and Regulations Federal Register Vol. 65, No. 31
Tuesday, February 15, 2000
This section of the FEDERAL REGISTER 75053–4005, telephone (972) 641–3460, have federalism implications under contains regulatory documents having general fax (972) 641–3527. This information Executive Order 13132. applicability and legal effect, most of which may be examined at the FAA, Office of For the reasons discussed above, I are keyed to and codified in the Code of the Regional Counsel, Southwest certify that this action (1) Is not a Federal Regulations, which is published under Region, 2601 Meacham Blvd., Room ‘‘significant regulatory action’’ under 50 titles pursuant to 44 U.S.C. 1510. 663, Fort Worth, Texas; or at the Office Executive Order 12866; (2) Is not a The Code of Federal Regulations is sold by of the Federal Register, 800 North ‘‘significant rule’’ under DOT the Superintendent of Documents. Prices of Capitol Street, NW., suite 700, Regulatory Policies and Procedures (44 new books are listed in the first FEDERAL Washington, DC. FR 11034, February 26, 1979); and (3) REGISTER issue of each week. FOR FURTHER INFORMATION CONTACT: Will not have a significant economic Richard Monschke, Aerospace Engineer, impact, positive or negative, on a FAA, Rotorcraft Directorate, Rotorcraft substantial number of small entities DEPARTMENT OF TRANSPORTATION Standards Staff, 2601 Meacham Blvd., under the criteria of the Regulatory Flexibility Act. A final evaluation has Federal Aviation Administration Fort Worth, Texas 76137, telephone (817) 222–5116, fax (817) 222–5961. been prepared for this action and it is contained in the Rules Docket. A copy 14 CFR Part 39 SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal of it may be obtained from the Rules [Docket No. 98±SW±65±AD; Amendment Aviation Regulations (14 CFR part 39) Docket at the location provided under 39±11563; AD 2000±03±06] by superseding AD 98–12–20, the caption ADDRESSES. RIN 2120±AA64 Amendment 39–10574 (63 FR 31350, List of Subjects in 14 CFR Part 39 June 9, 1998), which is applicable to Air transportation, Aircraft, Aviation Airworthiness Directives; Eurocopter Eurocopter France Model SE 3130, SA safety, Incorporation by reference, France Model SE 3130, SA 3180, SE 3180, SE 313B, SA 318B, and SA 318C Safety. 313B, SA 318B, and SA 318C helicopters, was published in the Helicopters Federal Register on November 18, 1999 Adoption of the Amendment (64 FR 62988). That action proposed to AGENCY: Federal Aviation Accordingly, pursuant to the require visually inspecting and Administration, DOT. authority delegated to me by the modifying, if necessary, the spar tube, Administrator, the Federal Aviation ACTION: Final rule. visually inspecting the four half-shell Administration amends part 39 of the attachment clamps for cracks, and SUMMARY: This amendment supersedes Federal Aviation Regulations (14 CFR an existing airworthiness directive (AD), fitting a safety wire around the part 39) as follows: applicable to Eurocopter France Model attachment clamps. Interested persons have been afforded SE 3130, SA 3180, SE 313B, SA 318B, PART 39ÐAIRWORTHINESS an opportunity to participate in the and SA 318C helicopters, that currently DIRECTIVES making of this amendment. No requires visual inspections and comments were received on the 1. The authority citation for part 39 modification, if necessary, of the proposal or the FAA’s determination of continues to read as follows: horizontal stabilizer spar tube (spar the cost to the public. The FAA has tube). This amendment requires the Authority: 49 U.S.C. 106(g), 40113, 44701. determined that air safety and the same actions required by the existing public interest require the adoption of § 39.13 [Amended] AD, visually inspecting the four half- the rule as proposed. shell attachment clamps for cracks, and 2. Section 39.13 is amended by The FAA estimates that 14 helicopters removing Amendment 39–10574 (63 FR fitting a safety wire around the of U.S. registry will be affected by this attachment clamps. This amendment is 31350, June 9, 1998), and by adding a AD. It will take approximately 0.5 work new airworthiness directive (AD), prompted by an in-service report of hour per helicopter to accomplish the fatigue cracks that initiated from Amendment 39–11563, to read as inspection, 3 work hours per helicopter follows: corrosion pits. The actions specified by to accomplish the modification, and 1 this AD are intended to prevent fatigue AD 2000–03–06 Eurocopter France: work hour per helicopter to accomplish Amendment 39–11563. Docket No. 98– failure of the spar tube, separation of the the attachment clamp inspection and horizontal stabilizer and impact with SW–65–AD. Supersedes AD 98–12–20, install the safety wire. Required parts Amendment 39–10574, Docket No. 98– the main or tail rotor, and subsequent will cost approximately $1,100 per SW–03–AD. loss of control of the helicopter. helicopter. Based on these figures, the Applicability: Model SE 3130, SA 3180, SE DATES: Effective March 21, 2000. total cost impact of the AD on U.S. 313B, SA 318B, and SA 318C helicopters The incorporation by reference of operators is estimated to be $19,180. with horizontal stabilizer, part number (P/N) certain publications listed in the The regulations adopted herein will 3130–35–60–000, 3130–35–60–000–1, 3130– regulations is approved by the Director not have a substantial direct effect on 35–60–000–2, 3130–35–60–000–3, 3130–35– of the Federal Register as of March 21, 60–000–4 or higher dash numbers, installed, the States, on the relationship between certificated in any category. 2000. the national Government and the States, Note 1: This AD applies to each helicopter ADDRESSES: The service information or on the distribution of power and identified in the preceding applicability referenced in this AD may be obtained responsibilities among the various provision, regardless of whether it has been from American Eurocopter Corporation, levels of government. Therefore, it is otherwise modified, altered, or repaired in 2701 Forum Drive, Grand Prairie, Texas determined that this final rule does not the area subject to the requirements of this
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AD. For helicopters that have been modified, 500 hours TIS or 24 calendar months, (France) AD 96–278–054(A)R2, dated July 29, altered, or repaired so that the performance whichever occurs first. 1998. of the requirements of this AD is affected, the (2) If corrosion is found inside the tube in owner/operator must request approval for an the half-shell area, apply a protective Issued in Fort Worth, Texas, on February alternative method of compliance in treatment as described in paragraph 2.B.1)b) 7, 2000. accordance with paragraph (g) of this AD. of the SB. Henry A. Armstrong, The request should include an assessment of (e) For stabilizers, P/N 3130–35–60–000–4 Manager, Rotorcraft Directorate, Aircraft the effect of the modification, alteration, or or higher dash numbers, accomplish the Certification Service. repair on the unsafe condition addressed by following: [FR Doc. 00–3223 Filed 2–14–00; 8:45 am] this AD; and, if the unsafe condition has not (1) At or before the next major inspection, been eliminated, the request should include 3,200 hours total TIS, or 144 calendar months BILLING CODE 4910±13±U specific proposed actions to address it. total TIS, whichever occurs first, and Compliance: Required as indicated, unless thereafter at each major inspection, visually accomplished previously. inspect the inside of the horizontal spar tube DEPARTMENT OF TRANSPORTATION To prevent fatigue failure of the horizontal in accordance with paragraph 2.A. and 2.B.1) stabilizer spar tube (spar tube), separation of of the SB. Federal Aviation Administration the horizontal stabilizer and impact with the (2) If corrosion is found inside the tube, main or tail rotor, and subsequent loss of other than in the half-shell area, replace the 14 CFR Part 39 control of the helicopter, accomplish the tube with an airworthy tube within the next following: 500 hours TIS or 18 calendar months, [Docket No. 99±SW±71±AD; Amendment (a) Before further flight: whichever occurs first. If corrosion is found 39±11564; AD 99±25±08] (1) Inspect the aircraft records and the inside the tube in the half-shell area, apply horizontal stabilizer to determine whether a protective treatment as described in RIN 2120±AA64 Modification 072214 (installing the spar tube paragraph 2.B.1)b) of the SB. without play) or Modification 072215 (f) Within 30 calendar days, visually Airworthiness Directives; MD (adding two half-shells on the spar) has been inspect the four attachment clamps of the Helicopters Inc. Model 500N and 600N accomplished. half-shells and install a safety wire around Helicopters (2) If Modification 072214 has not been the four attachment clamps in accordance installed, comply with paragraphs 2.A., with paragraph 2.B.2)d) of the SB. If any AGENCY: Federal Aviation 2.B.1), 2.B.2)a), and 2.B.2)b) of the attachment clamp is found cracked, replace Administration, DOT. Accomplishment Instructions of Eurocopter it with an airworthy attachment clamp and France SA3130/3180 Service Bulletin No. install a safety wire around the replacement ACTION: Final rule; request for 55.10, Revision 3, dated May 4, 1998 (SB). If attachment clamp before further flight. comments. the fit and dimensions of the components (g) An alternative method of compliance or specified in paragraph 2.B.2)a) exceed the adjustment of the compliance time that SUMMARY: This document publishes in tolerances in the applicable structural repair provides an acceptable level of safety may be the Federal Register an amendment manual, replace with airworthy parts. used if approved by the Manager, Regulations adopting Emergency Priority Letter (3) If Modification 072215 has not been Group, Rotorcraft Directorate, FAA. Airworthiness Directive (AD) 99–25–08, installed, first comply with paragraphs 2.A., Operators shall submit their requests through which was sent previously to all known 2.B.1), and 2.B.3), and then comply with an FAA Principal Maintenance Inspector, U.S. owners and operators of MD paragraph 2.B.2)c) of the Accomplishment who may concur or comment and then send it to the Manager, Regulations Group. Helicopters Inc. (MDHI) Model 500N Instructions of the SB. and 600N helicopters by individual Note 3: Information concerning the Note 2: Modification kit P/N 315A–07– letters. This AD requires, within the 0221571 contains the necessary materials to existence of approved alternative methods of accomplish this modification. compliance with this AD, if any, may be next 5 hours time-in-service (TIS) or before further flight after December 31, (b) Before the first flight of each day: obtained from the Regulations Group. (1) Visually inspect the installation of the (h) Special flight permits may be issued in 1999, whichever occurs first, inspecting half-shells, the horizontal stabilizer supports, accordance with sections 21.197 and 21.199 the thruster control cable conduit cap and the horizontal stabilizer for corrosion or of the Federal Aviation Regulations (14 CFR (cap) for corrosion or a crack. This AD cracks. Repair any corroded parts in 21.197 and 21.199) to operate the helicopter also requires, within the next 100 hours accordance with the applicable maintenance to a location where the requirements of this TIS or before further flight after manual. Replace any cracked components AD can be accomplished. February 19, 2000, whichever occurs with airworthy parts before further flight. (i) The inspections and modifications shall be done in accordance with paragraphs 2.A, first, inspecting the cap at a specified (2) Confirm that there is no play in the area of the forward and center thruster horizontal stabilizer supports by lightly 2.B.1), 2.B.1)b), 2.B.2)a), 2.B.2)b), 2.B.2)c), shaking the horizontal stabilizer. If play is 2.B.2)d), and 2.B.3) of the Accomplishment cables for corrosion or a crack. If an detected, comply with paragraphs 2.A. and Instructions of Eurocopter France SA3130/ unacceptable crack is found, replacing 2.B.2)a) of the SB. If the fit and dimensions 3180 Service Bulletin No. 55.10, Revision 3, the unairworthy thruster cable with an of the components specified in paragraph dated May 4, 1998. This incorporation by airworthy thruster cable is required. 2.B.2)a) exceed the tolerances in the reference was approved by the Director of the This amendment is prompted by the applicable structural repair manual, replace Federal Register in accordance with 5 U.S.C. discovery of stress corrosion cracks on with airworthy parts before further flight. 552(a) and 1 CFR part 51. Copies may be an MDHI Model 500N helicopter. The obtained from American Eurocopter (c) At intervals not to exceed 400 hours actions specified by this AD are time-in-service (TIS) or four calendar Corporation, 2701 Forum Drive, Grand months, whichever occurs first, inspect and Prairie, Texas 75053–4005, telephone (972) intended to prevent failure of the cap lubricate the spar tube attachment bolts. 641–3460, fax (972) 641–3527. Copies may be causing a fixed thruster condition and (d) For stabilizers, P/N 3130–35–60–000, inspected at the FAA, Office of the Regional subsequent loss of normal anti-torque 3130–35–60–000–1, 3130–35–60–000–2, or Counsel, Southwest Region, 2601 Meacham directional control of the helicopter. Blvd., Room 663, Fort Worth, Texas; or at the 3130–35–60–000–3, within 90 days and DATES: Effective March 1, 2000, to all thereafter at intervals not to exceed 18 Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, persons except those persons to whom calendar months, visually inspect the inside it was made immediately effective by of the horizontal spar tube in accordance DC. with paragraph 2.A. and 2.B.1) of the SB. (j) This amendment becomes effective on Emergency Priority Letter AD 99–25–08, (1) If corrosion is found inside the tube, March 21, 2000. issued on November 26, 1999, which other than in the half-shell area, replace the Note 4: The subject of this AD is addressed contained the requirements of this tube with an airworthy tube within the next in Direction Generale De L’Aviation Civile amendment.
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The incorporation by reference of The FAA has reviewed MDHI Service section 39.13 of the Federal Aviation certain publications listed in the Bulletin (SB) SB500N–021 SB600N–028, Regulations (14 CFR 39.13) to make it regulations is approved by the Director dated November 19, 1999, and SB500N– effective to all persons. of the Federal Register as of March 1, 020R1 SB600N–027R1, dated November The FAA estimates that 89 helicopters 2000. 24, 1999, which describe procedures for of U.S. registry will be affected by this Comments for inclusion in the Rules inspecting the cap telescopic swivel end AD, that it will take approximately 6 Docket must be received on or before and the cap relieved area for corrosion work hours per helicopter, per April 17, 2000. or a crack and repairing or replacing the inspection, and 8 work hours to replace forward and center thruster control a thruster cable, if necessary. The ADDRESSES: Submit comments in cables as specified. average labor rate is $60 per work hour. triplicate to the Federal Aviation Since the unsafe condition described Required parts will cost approximately Administration (FAA), Office of the is likely to exist or develop on other $1,000 for each thruster cable replaced. Regional Counsel, Southwest Region, MDHI Model 500N and 600N Based on these figures, the total cost Attention: Rules Docket No. 99–SW–71– helicopters, which use the same forward impact of the AD on U.S. operators is AD, 2601 Meacham Blvd., Room 663, thruster cable, the FAA issued estimated to be $67,040, assuming 2 Fort Worth, Texas 76137. Emergency Priority Letter AD 99–25–08 inspections per helicopter, per year, and The applicable service information to prevent failure of the cap causing a replacement of 2 thruster cables. may be obtained from MD Helicopters fixed thruster condition and subsequent Comments Invited Inc., Attn: Customer Support Division, loss of normal anti-torque directional 5000 E. McDowell Rd., Mail Stop control of the helicopter. The AD Although this action is in the form of M615–GO48, Mesa, Arizona 85215– requires, within the next 5 hours TIS or a final rule that involves requirements 9797, telephone 1–800–388–3378 or before further flight after December 31, affecting flight safety and, thus, was not 480–891–6342, fax 480–891–6782. This 1999, whichever occurs first, inspecting preceded by notice and an opportunity information may be examined at the the cap at the telescopic swivel end of for public comment, comments are FAA, Office of the Regional Counsel, the forward and center thruster cables, invited on this rule. Interested persons Southwest Region, 2601 Meacham part number (P/N) 500N7201–5, –7, –37, are invited to comment on this rule by Blvd., Room 663, Fort Worth, Texas; or –45, or –51, for corrosion or a crack in submitting such written data, views, or at the Office of the Federal Register, 800 accordance with SB500N–021 SB600N– arguments as they may desire. North Capitol Street, NW., suite 700, 028, dated November 19, 1999. This AD Communications should identify the Washington, DC. also requires, within the next 100 hours Rules Docket number and be submitted in triplicate to the address specified FOR FURTHER INFORMATION CONTACT: Fred TIS or before further flight after ADDRESSES. A. Guerin, Aerospace Engineer, February 19, 2000, whichever occurs under the caption All Airframe Branch, FAA, Los Angeles first, inspecting the cap at the relieved communications received on or before Aircraft Certification Office, 3960 area of the forward and center thruster the closing date for comments will be Paramount Blvd., Lakewood, California cables, part number (P/N) 500N7201–5, considered, and this rule may be 90712, telephone (562) 627–5232, fax –7, –37, –45, or –51, for corrosion or a amended in light of the comments (562) 627–5210. crack in accordance with SB500N– received. Factual information that 020R1 SB600N–027R1, dated November supports the commenter’s ideas and SUPPLEMENTARY INFORMATION: On 24, 1999. If an unacceptable crack is suggestions is extremely helpful in November 26, 1999, the FAA issued found, replacing the unairworthy evaluating the effectiveness of the AD Emergency Priority Letter AD 99–25–08, thruster cable with an airworthy action and determining whether applicable to MDHI Model 500N and thruster cable is required. The actions additional rulemaking action would be 600N helicopters, which requires, must be accomplished in accordance needed. within the next 5 hours time-in-service with the SB’s described previously. The Comments are specifically invited on (TIS) or before further flight after short compliance time involved is the overall regulatory, economic, December 31, 1999, inspecting the cap required because the previously environmental, and energy aspects of for corrosion or a crack. The emergency described critical unsafe condition can the rule that might suggest a need to priority letter AD also requires, within adversely affect the controllability of the modify the rule. All comments the next 100 hours TIS or before further helicopter. Therefore, inspecting the cap submitted will be available, both before flight after February 19, 2000, inspecting for corrosion or a crack is required and after the closing date for comments, the cap for corrosion or a crack. If an before further flight and inspecting the in the Rules Docket for examination by unacceptable crack is found, replacing cap at a specified area is required within interested persons. A report that the unairworthy thruster cable with an 100 hours TIS or before further flight summarizes each FAA-public contact airworthy thruster cable is required. after February 19, 2000, whichever concerned with the substance of this AD That action was prompted by the occurs first, and this AD must be issued will be filed in the Rules Docket. discovery of stress corrosion cracks in immediately. Commenters wishing the FAA to the forward cap at the telescopic swivel Since it was found that immediate acknowledge receipt of their comments end and the relieved area on an MDHI corrective action was required, notice submitted in response to this rule must Model 500N helicopter. The forward and opportunity for prior public submit a self-addressed, stamped thruster control cable in conjunction comment thereon were impracticable postcard on which the following with the center thruster control cable and contrary to the public interest, and statement is made: ‘‘Comments to simultaneously control the NOTAR good cause existed to make the AD Docket No. 99–SW–71–AD.’’ The directional control thruster and the left effective immediately by individual postcard will be date stamped and vertical stabilizer. This condition, if not letters issued on November 26, 1999, to returned to the commenter. corrected, could result in failure of the all known U.S. owners and operators of The regulations adopted herein will cap causing a fixed thruster condition MDHI Model 500N and 600N not have a substantial direct effect on and subsequent loss of normal anti- helicopters. These conditions still exist, the States, on the relationship between torque directional control of the and the AD is hereby published in the the national Government and the States, helicopter. Federal Register as an amendment to or on the distribution of power and
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DEPARTMENT OF THE INTERIOR will be moving into rainy seasons in the and establish a formula distributing IRR near future. The inability to enter funds for Fiscal Year (FY) 2000 and Bureau of Indian Affairs construction contracts in a timely subsequent years. The Secretary must fashion further delays and hinders a develop the regulations and funding 25 CFR Part 170 tribe’s ability to provide for its formula through the use of a negotiated RIN 1076±AD99 transportation needs. rulemaking process and must issue The IRR program is jointly them by September 1999. Distribution of Fiscal Year 2000 Indian administered by the Bureau of Indian Accordingly, the Secretary established Reservation Roads Funds Affairs (BIA) and the Federal Lands the TEA–21 Negotiated Rulemaking Highway office (FLH) of the Federal Committee (Committee). As required by AGENCY: Bureau of Indian Affairs, Highway Administration. The IRR TEA–21, tribal representation on the Interior. program governs the planning, design, Committee reflects a balance of interests ACTION: Temporary Rule and Request for construction, maintenance and general including: geographically diverse small, Comments. administrative responsibility for IRR. medium and large tribes; direct service, The duties of each agency under the IRR self-determination and self-governance SUMMARY: We are issuing a temporary program are set forth in a Memorandum tribes; and tribes with various levels and rule requiring that we distribute one- of Agreement between the two agencies. types of experience in the diverse half of the Fiscal Year 2000 Indian In brief, the BIA works with tribal concerns of transportation development Reservation Roads (IRR) funds to governments and tribal organizations to and management. The Committee projects on or near Indian reservations develop an annual priority program of consists of 29 tribal representatives and using the Relative Need Formula construction projects which is 13 Federal members. adopted in 1993. We are also requesting submitted to the FLH for review and The Committee has met monthly comments on the formula for approval. Each fiscal year FLH since March 1999 in locations that distribution of the remaining portion of determines the amount of funds permit the greatest attendance and the Fiscal Year 2000 funds. After available for construction. Then, the participation by tribal members. Among consideration of comments, we will FLH and the BIA develop an IRR the earliest actions of the Committee issue a final rule for distribution of the program funding plan for the fiscal year. was to divide into four workgroups to remaining portion of the Fiscal Year Funds are allocated from the FLH to the address the broad areas of concern for 2000 IRR funds. BIA and distributed by the Secretary of the IRR program: the Technical DATES: This temporary rule is effective the Interior (Secretary) to IRR projects Standards workgroup, the Delivery of on February 15, 2000. Comments on the on or near Indian reservations. Since Services workgroup, the Policy formula for distribution of the 1993, IRR funds have been distributed workgroup and the Funding Formula remaining portion of the Fiscal Year according to the Relative Need Formula. workgroup. Each of the workgroups 2000 IRR funds must be postmarked by works closely with the full Committee March 16, 2000. What Is the Relative Need Formula? to identify specific problems and ADDRESSES: You may send comments on The Relative Need Formula is the develop a regulation and formula to the formula for distribution of the method by which we have distributed address those problems. Despite the remaining portion of the Fiscal Year IRR funds each fiscal year for IRR diligence of the Committee, it was 2000 IRR funds to: LeRoy Gishi, Chief, projects in each of the BIA’s twelve unable until recently to reach a Division of Transportation, Office of regions. The Relative Need Formula we consensus on a funding formula that Trust Responsibility, Bureau of Indian are adopting in this temporary rule is would permit the distribution of IRR Affairs, 1849 C Street, NW, MS–4058– based on 20 percent population, 30 funds for FY 2000. As a result, there has MIB, Washington, DC 20240. Mr. Gishi percent vehicle miles traveled (average been no mechanism in place for the may also be reached at 202–208–4359 daily traffic multiplied by the total distribution of funds during FY 2000. (phone), 202–208–4696 (fax), or miles in the IRR system), and 50 percent Recognizing that an inability to [email protected] (electronic mail). cost-to-improve roads in the IRR system. distribute IRR funds (totaling approximately $200 million for FY FOR FURTHER INFORMATION CONTACT: It will be used to compute the LeRoy Gishi, 202–208–4359. percentage of Highway Trust Funds we 2000) causes undue hardship to tribes, distribute to our Regional Offices for use the Committee reached a consensus at SUPPLEMENTARY INFORMATION: on approved projects in a uniform, its January 2000 meeting in Background equitable manner based on the relative Albuquerque, New Mexico, concerning needs of the various Indian reservations. the distribution of funds. The What Is the IRR Program? The Relative Need Formula ranks road Committee recommended that for FY Indian Reservation Roads (IRR) are and bridge improvements by the 2000, the Secretary should distribute typically among the most poorly estimated cost to bring roads and funds to IRR projects according to the maintained roads in the nation, in great bridges located within or providing Relative Need Formula as used in FY need of development and repair. Many access to an Indian reservation to an 1998 and 1999 (the same formula tribes do not even have road systems. adequate and safe standard. We have adopted in 1993 and described above). This creates great difficulty in meeting used this funding formula since it was This recommendation reflects the everyday needs such as busing school generally accepted by tribes and consensus of the Committee’s tribal students or getting medical attention for approved in 1993. representatives who are in the best the sick and elderly. Tribes are position to articulate what is acceptable dependent on timely distribution of IRR What Is the Status of the TEA–21 Rule to the tribes. Federal members of the funds to develop and complete Making Process? Committee agreed to the construction on projects started in In 1998, Congress passed the recommendation, as it allows us to previous years, especially since weather Transportation Equity Act for the 21st distribute needed money and permits and time can cause damage to a partially Century (TEA–21), Pub. L.105–178. the Federal government to fulfill its completed project or prevent a project Under TEA–21, the Secretary must issue duties under the IRR program. This from being started and since many tribes regulations governing the IRR program recommendation is consistent with the
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TEA–21 requirement that the Secretary 2000 IRR funds. Approximately 950 description of the temporary rule in the distribute funds according to a formula road and bridge construction projects SUPPLEMENTARY INFORMATION section of recommended by the Committee. are at various phases that depend on the preamble helpful in understanding Moreover, it frees the Committee to this fiscal year’s funds, including 169 the temporary rule? What else could we continue its work toward a final formula deficient bridges and the construction of do to make the temporary rule easier to and regulations. approximately 400 miles of roads. The understand? This temporary rule will allow the FY 2000 IRR funds would be used to Regulatory Planning and Review (E.O. Secretary to distribute one-half of FY design, plan, and construct 12866) 2000 IRR funds according to the improvements (and, in some cases, to Relative Need Formula. As noted above, reconstruct bridges). Designing and Under the criteria in Executive Order the temporary rule is effective on the planning improvements must take place 12866, this temporary rule is a publication of this notice. We are also before the construction season (which is significant regulatory action, and the requesting comments from the public very short for some of the reservations) Office of Management and Budget has regarding the distribution of the begins in the next few months. reviewed it, because it will have an remainder of FY 2000 IRR funds. The Waiting for notice and comment on annual effect of $100 million or more on Committee will also use those this temporary rule would be contrary to the economy. As noted above, the total comments in its continuing work the public interest. In some of our amount of FY 2000 IRR funds is towards a final formula for future fiscal Regions, approximately 80 percent of approximately $200 million, $100 years. the roads in the IRR system (and the million of which we would distribute to majority of the bridges) are designated IRR projects under this temporary rule. Why Does the Secretary Need To school bus routes. Roads are essential Congress has already appropriated these Publish This Temporary Rule in the access to schools, jobs, and medical funds and FLH has already allocated Federal Register? services. Many of the priority tribal them to BIA. The cost to the government With the Committee’s consensus on roads are also emergency evacuation of distributing the IRR funds, especially the tribal Committee members’ proposal routes and represent the only access to under the Relative Need Formula with to distribute FY 2000 IRR funds using tribal lands. Two-thirds of the road which the tribal governments and tribal the Relative Need Formula, the miles in Indian country are unimproved organizations and the BIA are already Secretary is proceeding with this roads. Deficient bridges and roads are familiar, is therefore negligible. The temporary rule to ensure distribution of health and safety hazards. Partially distribution of the IRR funds does not FY 2000 IRR funds during this fiscal constructed road and bridge projects require the tribal governments and tribal year. Tribes depend on continued jeopardize the health and safety of the organizations to expend any of their funding during their planned one-to- traveling public. Further, over 200 own funds; in fact, distribution of the three year road and bridge construction current projects (for which funding IRR funds is a benefit. Approximately projects. There are approximately 950 would be jeopardized by waiting) are 950 road and bridge construction ongoing road and bridge construction directly associated with environmental projects are at various phases that projects on over 25,000 road miles and protection and preservation of historic depend on this fiscal year’s funds, 740 bridges on or near Indian and cultural properties. This temporary including 169 deficient bridges and the reservations that will not continue rule is going into effect immediately construction of approximately 400 miles without FY 2000 funding. This because of the urgent need for these of roads. Leaving these projects temporary rule allows the Secretary to construction projects and the short time unfunded in FY 2000 would create continue to fund the IRR program to available for planning and construction. undue hardship on tribes and tribal provide safe and adequate bridges and Under this temporary rule, we are members. Lack of funding would also road access to and within Indian distributing only one-half of the FY pose safety threats by leaving partially reservations, Indian lands and 2000 IRR funds to address the most constructed road and bridge projects to communities by distributing funds urgent needs while allowing for public jeopardize the health and safety of the through FY 2000. Furthermore, the comment on distribution of the other traveling public. Thus, the benefits of Committee and the Secretary agreed to half of the FY 2000 IRR funds. In this rule far outweigh the costs. use the Relative Need Formula to addition, the Committee is working on This temporary rule conforms to the distribute these funds because both the a permanent formula, which if adopted policies and practices that currently tribes and the BIA understand its use by the Secretary will be subject to full guide our distribution of IRR funds. We and because there is currently no public notice and comment before we do not anticipate that this regulation potentially effective and reasonably promulgate it as a final rule. will have a significant effect on which feasible alternative formula. IRR projects are eligible for funding. It Clarity of This Temporary Rule will not adversely affect in a material Why Does This Temporary Rule Not Executive Order 12866 requires each way the economy, productivity, Allow For Notice and Comment on the agency to write regulations that are easy competition, jobs, the environment, Distribution of One-Half of the FY 2000 to understand. In addition to the public health or safety, or State, local, IRR Funds, and Why Is It Effective comments requested above, we invite or tribal governments or communities. Immediately? your comments on how to make this This temporary rule simply adopts the Under 5 U.S.C. 553(b)(3)(B), notice temporary rule easier to understand, Relative Need Formula that we have and public procedure on this temporary including answers to questions such as used since 1993. In addition, the rule are impracticable, unnecessary, and the following: (1) Are the requirements temporary rule only applies to a portion contrary to the public interest. In in the temporary rule clearly stated? (2) of the available funds for Fiscal Year addition, we have good cause for Does the temporary rule contain 2000, and the final distribution formula making this rule effective immediately technical language or jargon that may include an adjustment to account under 5 U.S.C. 553(d)(3). Notice and interferes with its clarity? (3) Does the for any differences between the amounts public procedure would be format of the temporary rule (grouping distributed under this temporary rule impracticable because of the urgent and order of sections, paragraphing, and the distributions under the final need to distribute the first half of the FY etc.) aid or reduce its clarity? (4) Is the formula.
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This temporary rule will not create a of roads. Delaying work on many of would be jeopardized by waiting) are serious inconsistency or otherwise these projects in FY 2000 would create directly associated with environmental interfere with an action taken or undue hardship on tribes and tribal protection and preservation of historic planned by another Federal agency. FLH members, since partially constructed and cultural properties. has transferred the IRR funds to us, and road and bridge projects would Under this temporary rule, we are the FLH representatives on the jeopardize the health and safety of the distributing only one-half of the FY Committee have joined in the consensus traveling public. Thus, the benefits of 2000 IRR funds to address the most mentioned above. this rule far outweigh the costs. urgent needs while allowing for public This temporary rule does not alter the This rule will not cause a major comment on distribution of the other budgetary effects or entitlement, grants, increase in costs or prices for half of the FY 2000 IRR funds. In user fees, or loan programs or the rights consumers, individual industries, addition, the Committee’s or obligations of their recipients. This Federal, State, or local government recommendation for the ultimate temporary rule simply uses the Relative agencies, or geographic regions. Actions distribution formula for IRR funds (after Need Formula that we have used since under this rule will distribute Federal FY 2000) is undergoing public notice 1993. In addition, the temporary rule funds to Indian tribal governments and and comment as part of the negotiated only applies to a portion of the available tribal organizations for road rulemaking process, and that ultimate funds for Fiscal Year 2000, and the final improvements. formula, if adopted by the Secretary, distribution formula may include an This rule does not have significant will again be subject to full public adjustment to account for any adverse effects on competition, notice and comment before we differences between the amounts employment, investment, productivity, promulgate it as a final rule. distributed under this temporary rule innovation, or the ability of U.S.-based and the distributions under the final enterprises to compete with foreign- Unfunded Mandates Reform Act formula. based enterprises. In fact, actions under Under the Unfunded Mandates This temporary rule does not raise this rule will provide a beneficial effect Reform Act (2 U.S.C. 1531 et seq.), the novel legal or policy issues. This on employment through funding for temporary rule will not significantly or temporary rule is based on the Relative construction jobs. uniquely affect small governments, or Need Formula, in use since 1993. We Under 5 U.S.C. 808(2), this temporary the private sector. A Small Government are not changing the current practice rule may take effect immediately upon Agency Plan is not required. with this temporary rule, except by publication in the Federal Register (as This temporary rule will not produce dividing the distribution into two parts. noted above in the DATES section) a federal mandate that may result in an because notice and public procedure Regulatory Flexibility Act expenditure by State, local, or tribal thereon are impracticable, unnecessary, governments of $100 million or greater A Regulatory Flexibility analysis and contrary to the public interest. in any year. Rather, the overall effect of under the Regulatory Flexibility Act (5 Notice and public procedure would be this temporary rule is to provide money U.S.C. 601 et seq.) is not required for impracticable because of the urgent to tribal governments for IRR this temporary rule because it applies need to distribute the first half of the FY construction projects. only to tribal governments, not State 2000 IRR funds. Approximately 950 and local governments. road and bridge construction projects Takings (E.O. 12630) are at various phases that depend on Small Business Regulatory Enforcement With respect to Executive Order this fiscal year’s funds, including 169 Fairness Act (SBREFA) 12630, the temporary rule does not have deficient bridges and the construction of significant takings implications since it This rule is a major rule under 5 approximately 400 miles of roads. The involves no transfer of title to any U.S.C. 804(2), the Small Business FY 2000 IRR funds would be used to property. A takings implication Regulatory Enforcement Fairness Act, design, plan, and construct assessment is not required. because it has an annual effect on the improvements (and, in some cases, to economy of $100 million or more. As reconstruct bridges). Designing and Federalism (E.O. 13132) noted above, the total amount of FY planning improvements must take place With respect to Executive Order 2000 IRR funds is approximately $200 before the construction season (which is 13132, the temporary rule does not have million, $100 million of which we very short for some of the reservations) significant Federalism implications to would distribute to IRR projects under begins in the next few months. warrant the preparation of a Federalism this temporary rule. Congress has Waiting for notice and comment on Assessment. This temporary rule should already appropriated these funds and this temporary rule would be contrary to not affect the relationship between State FLH has already allocated them to BIA. the public interest. In some of our and Federal governments because this The cost to the government of Regions, approximately 80 percent of temporary rule concerns administration distributing the IRR funds, especially the roads in the IRR system (and the of a fund dedicated to IRR projects on under the Relative Need Formula with majority of the bridges) are designated or near Indian reservations that has no which the tribal governments and tribal school bus routes. Roads are essential effect on Federal funding of State roads. organizations and the BIA are already access to schools, jobs, and medical Therefore, the rule has no Federalism familiar, is therefore negligible. The services. Many of the priority tribal effects within the meaning of E.O. distribution of the IRR funds does not roads are also emergency evacuation 13132. require the tribal governments and tribal routes and represent the only access to organizations to expend any of their tribal lands. Two-thirds of the road Civil Justice Reform (E.O. 12988) own funds; in fact, distribution of the miles in Indian country are unimproved This temporary rule does not unduly IRR funds is a benefit. Approximately roads. Defective bridges and roads are burden the judicial system and meets 950 road and bridge construction health and safety hazards. Partially the requirements of sections 3(a) and projects are at various phases that constructed road and bridge projects 3(b)(2) of Executive Order 12988. This depend on this fiscal year’s funds, jeopardize the health and safety of the temporary rule contains no drafting including 169 deficient bridges and the traveling public. Further, over 200 errors or ambiguity and is written to construction of approximately 400 miles current projects (for which funding minimize litigation, provides clear
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PENSION BENEFIT GUARANTY Among the actuarial assumptions accurately as possible, current market CORPORATION prescribed in part 4044 are interest conditions. assumptions. These interest Because of the need to provide 29 CFR Part 4044 assumptions are intended to reflect immediate guidance for the valuation of current conditions in the financial and benefits in plans with valuation dates Allocation of Assets in Single- annuity markets. during March 2000, the PBGC finds that Employer Plans; Interest Assumptions Two sets of interest assumptions are good cause exists for making the for Valuing Benefits prescribed, one set for the valuation of assumptions set forth in this amendment effective less than 30 days AGENCY: Pension Benefit Guaranty benefits to be paid as annuities and one Corporation. set for the valuation of benefits to be after publication. paid as lump sums. This amendment The PBGC has determined that this ACTION: Final rule. adds to appendix B to part 4044 the action is not a ‘‘significant regulatory annuity and lump sum interest action’’ under the criteria set forth in SUMMARY: The Pension Benefit Guaranty assumptions for valuing benefits in Executive Order 12866. Corporation’s regulation on Allocation plans with valuation dates during Because no general notice of proposed of Assets in Single-Employer Plans March 2000. rulemaking is required for this prescribes interest assumptions for amendment, the Regulatory Flexibility valuing benefits under terminating For annuity benefits, the interest assumptions will be 7.10 percent for the Act of 1980 does not apply. See 5 U.S.C. single-employer plans. This final rule 601(2). amends the regulation to adopt interest first 25 years following the valuation assumptions for plans with valuation date and 6.25 percent thereafter. The List of Subjects in 29 CFR Part 4044 annuity interest assumptions are dates in March 2000. Interest Pension insurance, Pensions. assumptions are also published on the unchanged from those in effect for PBGC’s web site (http://www.pbgc.gov). February 2000. In consideration of the foregoing, 29 For benefits to be paid as lump sums, CFR part 4044 is amended as follows: EFFECTIVE DATE: March 1, 2000. the interest assumptions to be used by PART 4044ÐALLOCATION OF FOR FURTHER INFORMATION CONTACT: the PBGC will be 5.25 percent for the ASSETS IN SINGLE-EMPLOYER Harold J. Ashner, Assistant General period during which a benefit is in pay PLANS Counsel, Office of the General Counsel, status, 4.50 percent during the seven- Pension Benefit Guaranty Corporation, year period directly preceding the 1. The authority citation for part 4044 1200 K Street, NW., Washington, DC benefit’s placement in pay status, and continues to read as follows: 20005, 202–326–4024. (For TTY/TDD 4.00 percent during any other years Authority: 29 U.S.C. 1301(a), 1302(b)(3), users, call the Federal relay service toll- preceding the benefit’s placement in pay 1341, 1344, 1362. free at 1–800–877–8339 and ask to be status. The lump sum interest connected to 202–326–4024.) assumptions are unchanged from those 2. In appendix B, a new entry is added to Table I, and Rate Set 77 is SUPPLEMENTARY INFORMATION: The in effect for February 2000. added to Table II, as set forth below. PBGC’s regulation on Allocation of The PBGC has determined that notice The introductory text of each table is Assets in Single-Employer Plans (29 and public comment on this amendment republished for the convenience of the CFR part 4044) prescribes actuarial are impracticable and contrary to the reader and remains unchanged. assumptions for valuing plan benefits of public interest. This finding is based on terminating single-employer plans the need to determine and issue new Appendix B to Part 4044—Interest covered by title IV of the Employee interest assumptions promptly so that Rates Used to Value Annuities and Retirement Income Security Act of 1974. the assumptions can reflect, as Lump Sums
TABLE I.ÐANNUITY VALUATIONS
[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, * * *, and referred to generally as it) assumed to be in effect between specified anniversaries of a valuation date that occurs within that calendar month; those anniversaries are specified in the columns adjacent to the rates. The last listed rate is assumed to be in effect after the last listed anniversary date.]
The values of it are: For valuation dates occurring in the monthÐ it for t = it for t = it for t =
******* March 2000 ...... 0710 1±25 .0625 >25 N/A N/A.
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TABLE II.ÐLUMP SUM VALUATIONS [In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation date, the immediate an- nuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0 < y ≤ n1), interest rate i1 shall apply from the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the de- ferral period is y years (where y is an integer and n1 < y ≤ n1 + n2), interest rate i2 shall apply from the valuation date for a period of yÐn1 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply; (4) For benefits for which the deferral period is y years (where y is an integer and y > n1 + n2), interest rate i3 shall apply from the valuation date for a period of yÐ n1Ðn2 years, interest rate i2 shall apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the im- mediate annuity rate shall apply.]
For plans with a Immediate Deferred annuities (percent) valuation date annuity Rate set rate (per- On or i1 i2 i3 n1 n2 after Before cent)
******* 77 ...... 3±1±00 4±1±00 5.25 4.50 4.00 4.00 7 8
Issued in Washington, DC, on this 4th day and 16 feet at mean low water in the ACTION: Final rule. of February, 2000. closed position. The bridge owner, David M. Strauss, Connecticut Department of SUMMARY: This document amends the Executive Director, Pension Benefit Guaranty Transportation, requested a temporary Department of Veterans Affairs Corporation. deviation from the operating regulations regulations regarding payments of [FR Doc. 00–3458 Filed 2–14–00; 8:45 am] to facilitate structural repairs at the premiums for National Service Life BILLING CODE 7708±01±P bridge. The existing operating Insurance. We are revising provisions regulations listed at 33 CFR 117.217 for purposes of clarity and making other require the bridge to open on signal, non-substantive changes. DEPARTMENT OF TRANSPORTATION except that, from 7 a.m. to 8:45 a.m., 11:45 a.m. to 1:15 p.m., and 4 p.m. to DATES: Effective date: February 15, 2000. 6 p.m., Monday through Friday, except Coast Guard FOR FURTHER INFORMATION CONTACT: Ms. holidays, the draw need not be opened Jeanne Derrick, Attorney-Advisor, 33 CFR Part 117 for the passage of vessels that draw less Department of Veterans Affairs Regional than 14 feet of water. [CGD01±00±006] Office and Insurance Center, P.O. Box This deviation to the operating 8079, Philadelphia, Pennsylvania regulations allows the owner of the Drawbridge Operation Regulations: 19101, telephone number (215) 842– bridge to keep the bridge in the closed Norwalk River, CT 2000, ext. 4277, fax number (215) 381– position from 8 a.m. on February 29, 3504. AGENCY: Coast Guard, DOT. 2000, through 4:30 p.m. on March 2, SUPPLEMENTARY INFORMATION: ACTION: Notice of temporary deviation 2000. Vessels that can pass under the This from regulations. bridge without an opening may do so at document revises provisions for all times. purposes of clarity and makes other SUMMARY: The Commander, First Coast In accordance with 33 CFR 117.35(c), non-substantive changes. Accordingly, Guard District, has issued a temporary this work will be performed with all due we are dispensing with prior notice and deviation from the drawbridge operation speed in order to return the bridge to comment and delayed effective date regulations for the Washington Street normal operation as soon as possible. provisions of 5 U.S.C. 552 and 553. S136 Bridge, mile 0.0, across the This deviation from the operating The Secretary of Veterans Affairs Norwalk River at Norwalk, Connecticut. regulations is authorized under 33 CFR hereby certifies that this final rule will This deviation from the regulations 117.35. not have a significant economic impact allows the bridge owner to keep the Dated: February 8, 2000. on a substantial number of small entities bridge in the closed position from 8 a.m. R.M. Larrabee, as they are defined in the Regulatory on February 29, 2000, to 4:30 p.m. on Rear Admiral, U.S. Coast Guard Commander, Flexibility Act, 5 U.S.C. 601–612. This March 2, 2000. This action is necessary First Coast Guard District. final rule does not make substantive to facilitate structural repairs at the [FR Doc. 00–3495 Filed 2–14–00; 8:45 am] changes. Pursuant to 5 U.S.C. 605(b), bridge. BILLING CODE 4910±15±U this final rule is, therefore, exempt from DATES: This deviation is effective the initial and final regulatory flexibility February 29, 2000, through March 2, analysis requirements of 5 U.S.C. 603 2000. and 604. DEPARTMENT OF VETERANS FOR FURTHER INFORMATION CONTACT: AFFAIRS The Catalog of Federal Domestic Joseph Schmied, Project Officer, First Assistance Program number for this Coast Guard District, at (212) 668–7165. 38 CFR Part 8 regulation is 64.103. SUPPLEMENTARY INFORMATION: The RIN 2900±AJ78 List of Subjects in 38 CFR Part 8 Washington Street S136 Bridge, mile 0.0, across the Norwalk River at National Service Life Insurance Disability benefits, Life insurance, Norwalk, Connecticut, has a vertical Loan programs—veterans, Military clearance of 9 feet at mean high water, AGENCY: Department of Veterans Affairs. personnel, Veterans.
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Approved: February 2, 2000. (1) Cash, check, or money order period is called a ‘‘grace period.’’ If the Togo D. West, Jr., directly to VA. insured dies within the 31-day grace Secretary of Veterans Affairs. (2) Allotment from service or period, VA deducts the unpaid retirement pay. premium from the amount of insurance For the reasons explained above, the (3) Automatic deduction from VA payable. Department of Veterans Affairs amends benefits (pension, compensation or (2) If a policyholder pays a premium 38 CFR part 8 as set forth below: insurance dividends (see § 8.4)). after the 31-day grace period, VA will PART 8ÐNATIONAL SERVICE LIFE (4) Pre-authorized debit from a not accept the payment and the policy INSURANCE checking account. lapses effective the date the premium (c) When should policyholders pay was due; Except that VA will accept a 1. The authority citation for part 8 premiums? (1) Unless premiums are premium paid after the 31-day grace continues to read as follows: paid in advance, policyholders must period as a timely payment if: Authority: 38 U.S.C. 501, 1901–1929, pay premiums on the effective date (i) The policyholder pays the 1981–1988, unless otherwise noted. shown on the policy and on the same premium within 61 days of the due 2. Section 8.2 is revised to read as date of each following month. This is date; and follows: called the ‘‘due date.’’ (ii) The policyholder is alive at the (2) Policyholders may pay premiums time the payment is mailed. § 8.2 Payment of premiums. quarterly, semi-annually, or annually in (3) When a policyholder pays the (a) What is a premium? A premium is advance. premium by mail, the postmark date is a payment that a policyholder is (d) What happens if a policyholder the date of payment. required to make for an insurance does not pay a premium on time? (1) (4) When a policyholder pays a policy. When a policyholder pays a premium premium by check or money order (b) How can policyholders pay within 31 days from the ‘‘due date,’’ the which is not honored and it is shown by premiums? Premiums can be paid by: policy remains in force. This 31-day satisfactory evidence that:
The bank did not pay the check or money order because of: Then:
An error by the bank ...... The policyholder has an additional 31 days (from the date stamped on VA's notification letter) to pay the premium and any other premiums due through the current month. An error in the check or money order ...... The policyholder has an additional 31 days (same as above). Lack of funds ...... The premium is considered not paid.
§§ 8.3 and 8.4 [Removed] ENVIRONMENTAL PROTECTION Federal Register and inform the public AGENCY that the rule will not take effect. 3. Sections 8.3 and 8.4 are removed. ADDRESSES: All comments should be § 8.6 [The 1st § 8.6 is Removed] 40 CFR Part 52 addressed to Gregory Crawford at the [KY±109±1±200007a; FRL±6533±2] U.S. Environmental Protection Agency, 4. The first § 8.6 entitled ‘‘§ 8.6 Region 4 Air Planning Branch, 61 Payment of premiums; insured in active Approval and Promulgation of Forsyth Street, SW, Atlanta, Georgia service or entitled to retirement pay.’’ is Implementation PlansÐ State: 30303. removed. Approval of Revisions to Kentucky Copies of the State submittal(s) are State Implementation Plan available at the following addresses for §§ 8.5 through 8.8 [Redesignated as §§ 8.3 inspection during normal business AGENCY: Environmental Protection through 8.6] hours: Agency (EPA). Air and Radiation Docket and 5. Sections 8.5 through 8.8 are ACTION: Direct final rule. redesignated as §§ 8.3 through 8.6, Information Center (Air Docket 6102), respectively. SUMMARY: EPA is approving a revision to U.S. Environmental Protection the Jefferson County portion of the Agency, 401 M Street, SW, § 8.9 [Removed] Kentucky State Implementation Plan Washington, DC 20460. (SIP) to allow the Air Pollution Control Environmental Protection Agency, 6. Section 8.9 and the undesignated District of Jefferson County (APCDJC) to Region 4, Air Planning Branch, 61 center heading immediately preceding issue Federally enforceable district Forsyth Street, SW, Atlanta, Georgia the section are removed. origin operating permits (FEDOOP). On 30303–8960. Commonwealth of Kentucky, Natural §§ 8.10 through 8.36 [Redesignated as November 10, 1998, the APCDJC §§ 8.7 through 8.33] through the Kentucky Natural Resources Resources and Environmental and Environmental Protection Cabinet Protection Cabinet, 803 Schenkel 7. Sections 8.10 through 8.36 are (KNREPC) submitted a SIP revision Lane, Frankfort, Kentucky 40601. redesignated as §§ 8.7 through 8.33, fulfilling the requirements necessary for Air Pollution Control District of respectively. the FEDOOP program to become Jefferson County, 850 Barret Avenue, Suite 205, Louisville, Kentucky [FR Doc. 00–3456 Filed 2–14–00; 8:45 am] federally enforceable. DATES: This direct final rule is effective 40204. BILLING CODE 8320±01±P April 17, 2000 without further notice, FOR FURTHER INFORMATION CONTACT: unless EPA receives adverse comment Gregory Crawford, Regulatory Planning by March 16, 2000. If adverse comment Section, Air Planning Branch, Air, is received, EPA will publish a timely Pesticides and Toxics Management withdrawal of the direct final rule in the Division at 404/562–9046.
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SUPPLEMENTARY INFORMATION: in accordance with the approved construction permit, at the time of operating permit program) and provide public notice. Jefferson County will I. Background that permits which do not conform to provide public notice of proposed On November 10, 1998, the APCDJC, the operating permit program issuance, renewal, or revision of a through the KNREPC, submitted a SIP requirements and the requirements of FEDOOP in the newspaper having the revision to make certain permits issued EPA’s underlying regulations may be largest bona fide paid circulation in under the APCDJC existing minor deemed not ‘‘Federally enforceable’’ by Jefferson County, Kentucky. source operating permit program EPA. Regulation 2.17, sections 3.1 and Federally enforceable. The revision was 3.2 address this criterion and meet this III. Final Action added to comply with EPA requirement. The source shall comply EPA is approving the aforementioned requirements specified in the Federal with all terms and conditions in a changes to the SIP because they are Register notice entitled ‘‘Requirements FEDOOP, including subsequent consistent with the Clean Air Act and for the Preparation, Adoption, and revisions. All terms and conditions in a EPA requirements. The EPA is Submittal of Implementation Plans; FEDOOP, including those requirements publishing this rule without prior Approval and Promulgation of designed to limit a source’s potential to proposal because the Agency views this Implementation Plans’’ (see 54 FR emit, are enforceable by EPA. as a noncontroversial submittal and 27274, June 28, 1989). Criterion 3. The state operating permit anticipates no adverse comments. EPA has always had and continues to program must require that all emission However, in the proposed rules section have the authority to enforce state and limitations, controls, and other of this Federal Register publication, local permits that are issued under requirements imposed by such permits EPA is publishing a separate document permit programs approved into the SIP. will be at least as stringent as any that will serve as the proposal to However, EPA has not always applicable limitations and requirements approve the SIP revision should adverse recognized as valid certain state and contained in the SIP, or enforceable comments be filed. This rule will be local permits which purport to limit a under the SIP, and that the program may effective April 17, 2000 without further source’s potential to emit. The principle not issue permits that waive, or make notice unless the Agency receives purpose for adopting this regulation is less stringent, any limitations or adverse comments by March 15, 2000. to give APCDJC a Federally recognized requirements contained in or issued If the EPA receives such comments, means of expeditiously restricting pursuant to the SIP, or that are then EPA will publish a document potential emissions such that sources otherwise ‘‘federally enforceable’’ (e.g. withdrawing the final rule and can avoid major source permitting standards established under sections informing the public that the rule will requirements. A key mechanism for 111 and 112 of the Clean Air Act not take effect. All public comments such limitations is the use of the (CAA)). received will then be addressed in a Federally enforceable state or local Regulation 2.17, section 3.4 contains subsequent final rule based on the operating permits. The term ‘‘Federally regulatory provisions which state that proposed rule. The EPA will not enforceable,’’ when used in the context permits issued by the APCDJC will be at institute a second comment period. of permits which limit potential to emit, least as stringent as standards Parties interested in commenting should means ‘‘Federally recognized.’’ The established pursuant to sections 111 and do so at this time. If no such comments voluntary revision that is the subject of 112 of the CAA. are received, the public is advised that this action approves Regulation 2.17, Criterion 4. The limitations, controls, this rule will be effective on April 17, Federally Enforceable District Origin and requirements of the state’s operating 2000 and no further action will be taken Operating Permits, into the Jefferson permits must be permanent, on the proposed rule. County portion of the Kentucky SIP. quantifiable, and otherwise enforceable This rule and the materials provided by as a practical matter. Regulation 2.17, Nothing in this action should be the APCDJC satisfy the five criteria section 5.3 contains regulatory construed as making any determination outlined in the June 28, 1989, Federal provisions which satisfy this criterion. or expressing any position regarding Register notice. Refer to section II of this The terms and conditions of all permits Kentucky’s audit privilege and penalty notice for the analysis of each of the issued must be permanent, quantifiable, immunity law Kentucky—‘‘KRS 224.01– criteria. and otherwise enforceable as a practical 040’’ or its impact upon any approved matter. provision in the SIP, including the II. Analysis of the Submittal Criterion 5. The state operating revision at issue here. The action taken Criterion 1. The county’s operating permits must be issued subject to public herein does not express or imply any permit program (i.e. the regulations or participation. This means that the viewpoint on the question of whether other administrative framework APCDJC agrees, as part of their program, there are legal deficiencies in this or any describing how such permits are issued) to provide EPA and the public with other Clean Air Act program resulting must be submitted to and approved by timely notice of the proposal and from the effect of Kentucky’s audit EPA as a SIP revision. issuance of such permits, and to provide privilege and immunity law. A state On November 10, 1998, the APCDJC EPA, on a timely basis, with a copy of audit privilege and immunity law can through the KNREPC submitted a SIP each proposed ( or draft) and final affect only state enforcement and cannot revision request to EPA consisting of permit intended to be ‘‘Federally have any impact on federal enforcement revisions to Regulation 2.17, Federally enforceable.’’ This process must also authorities. EPA may at any time invoke Enforceable District Origin Operating provide for an opportunity for public its authority under the Clean Air Act, Permits, amending the APCDJC existing comment on the permit applications including, for example, sections 113, stationary source requirements to prior to issuance of the final permits. 167, 205, 211 or 213, to enforce the include provisions to issue FEDOOP. Regulation 2.17, sections 6.1 and 8.1 requirements or prohibitions of the state Criterion 2. The SIP revision must meet this criterion. Jefferson County plan, independently of any state impose a legal obligation that operating will provide EPA with notice of enforcement effort. In addition, citizen permit holders adhere to the terms and proposed issuance, renewal, or revision enforcement under section 304 of the limitations of such permits (or of a FEDOOP or, pursuant to section 8.5, Clean Air Act is likewise unaffected by subsequent revisions of the permit made administrative incorporation of a a state audit privilege or immunity law.
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IV. Administrative Requirements environmental health or safety risk that number of small entities because SIP EPA has reason to believe may have a approvals under section 110 and A. Executive Order 12866 disproportionate effect on children. If subchapter I, part D of the Clean Air Act The Office of Management and Budget the regulatory action meets both criteria, do not create any new requirements but (OMB) has exempted this regulatory the Agency must evaluate the simply approve requirements that the action from Executive Order 12866, environmental health or safety effects of State is already imposing. Therefore, entitled ‘‘Regulatory Planning and the planned rule on children, and because the Federal SIP approval does Review.’’ explain why the planned regulation is not create any new requirements, I preferable to other potentially effective certify that this action will not have a B. Executive Orders on Federalism and reasonably feasible alternatives significant economic impact on a Executive Order 13132 considered by the Agency. substantial number of small entities. This rule is not subject to Executive Moreover, due to the nature of the Federalism (64 FR 43255, August 10, Order 13045 because it does not involve Federal-State relationship under the 1999) revokes and replaces Executive decisions intended to mitigate Clean Air Act, preparation of flexibility Orders 12612 (Federalism) and 12875 environmental health or safety risks. analysis would constitute Federal (Enhancing the Intergovernmental inquiry into the economic Partnership). Executive Order 13132 D. Executive Order 13084 reasonableness of state action. The requires EPA to develop an accountable Under Executive Order 13084, EPA Clean Air Act forbids EPA to base its process to ensure ‘‘meaningful and may not issue a regulation that is not actions concerning SIPs on such timely input by State and local officials required by statute, that significantly grounds. Union Electric Co., v. U.S. in the development of regulatory affects or uniquely affects the EPA, 427 U.S. 246, 255–66 (1976); 42 policies that have federalism communities of Indian tribal U.S.C. 7410(a)(2). implications.’’ ‘‘Policies that have governments, and that imposes federalism implications’’ is defined in substantial direct compliance costs on F. Unfunded Mandates the Executive Order to include those communities, unless the Federal Under section 202 of the Unfunded regulations that have ‘‘substantial direct government provides the funds Mandates Reform Act of 1995 effects on the States, on the relationship necessary to pay the direct compliance (‘‘Unfunded Mandates Act’’), signed between the national government and costs incurred by the tribal into law on March 22, 1995, EPA must the States, or on the distribution of governments. If the mandate is prepare a budgetary impact statement to power and responsibilities among the unfunded, EPA must provide to the accompany any proposed or final rule various levels of government.’’ Under Office of Management and Budget, in a that includes a Federal mandate that Executive Order 13132, EPA may not separately identified section of the may result in estimated annual costs to issue a regulation that has federalism preamble to the rule, a description of State, local, or tribal governments in the implications, that imposes substantial the extent of EPA’s prior consultation aggregate; or to private sector, of $100 direct compliance costs, and that is not with representatives of affected tribal million or more. Under section 205, required by statute, unless the Federal governments, a summary of the nature EPA must select the most cost-effective government provides the funds of their concerns, and a statement and least burdensome alternative that necessary to pay the direct compliance supporting the need to issue the achieves the objectives of the rule and costs incurred by State and local regulation. is consistent with statutory governments, or EPA consults with In addition, Executive Order 13084 requirements. Section 203 requires EPA State and local officials early in the requires EPA to develop an effective to establish a plan for informing and process of developing the proposed process permitting elected and other advising any small governments that regulation. EPA also may not issue a representatives of Indian tribal may be significantly or uniquely regulation that has federalism governments ‘‘to provide meaningful impacted by the rule. implications and that preempts State and timely input in the development of EPA has determined that the approval law unless the Agency consults with regulatory policies on matters that action promulgated does not include a State and local officials early in the significantly or uniquely affect their Federal mandate that may result in process of developing the proposed communities.’’ Today’s rule does not estimated annual costs of $100 million regulation. significantly or uniquely affect the or more to either State, local, or tribal This final rule will not have communities of Indian tribal governments in the aggregate, or to the substantial direct effects on the States, governments. Accordingly, the private sector. This Federal action on the relationship between the national requirements of section 3(b) of approves pre-existing requirements government and the States, or on the Executive Order 13084 do not apply to under State or local law, and imposes distribution of power and this rule. no new requirements. Accordingly, no responsibilities among the various additional costs to State, local, or tribal levels of government, as specified in E. Regulatory Flexibility Act governments, or to the private sector, Executive Order 13132. Thus, the The Regulatory Flexibility Act (RFA) result from this action. requirements of section 6 of the generally requires an agency to conduct Executive Order do not apply to this a regulatory flexibility analysis of any G. Submission to Congress and the rule. rule subject to notice and comment Comptroller General rulemaking requirements unless the The Congressional Review Act, 5 C. Executive Order 13045 agency certifies that the rule will not U.S.C. 801 et seq., as added by the Small Protection of Children from have a significant economic impact on Business Regulatory Enforcement Environmental Health Risks and Safety a substantial number of small entities. Fairness Act of 1996, generally provides Risks (62 FR 19885, April 23, 1997), Small entities include small businesses, that before a rule may take effect, the applies to any rule that: (1) Is small not-for-profit enterprises, and agency promulgating the rule must determined to be ‘‘economically small governmental jurisdictions. submit a rule report, which includes a significant’’ as defined under Executive This final rule will not have a copy of the rule, to each House of the Order 12866, and (2) concerns an significant impact on a substantial Congress and to the Comptroller General
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Regulatory Flexibility Act. The September 30, 1993, Regulatory Accordingly, 44 CFR part 65 is Associate Director, Mitigation Planning and Review, 58 FR 51735. amended to read as follows: Directorate, certifies that this rule is Executive Order 12612, Federalism. exempt from the requirements of the This rule involves no policies that have PART 65Ð[AMENDED] Regulatory Flexibility Act because federalism implications under Executive modified base flood elevations are Order 12612, Federalism, dated October 1. The authority citation for part 65 required by the Flood Disaster 26, 1987. continues to read as follows: Protection Act of 1973, 42 U.S.C. 4105, Executive Order 12778, Civil Justice Authority: 42 U.S.C. 4001 et seq.; and are required to maintain community Reform. This rule meets the applicable Reorganization Plan No. 3 of 1978, 3 CFR, eligibility in the National Flood standards of section 2(b)(2) of Executive 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Program. No regulatory Order 12778. 3 CFR, 1979 Comp., p. 376. flexibility analysis has been prepared. § 65.4 [Amended] Regulatory Classification. This List of Subjects in 44 CFR Part 65 interim rule is not a significant Flood insurance, Floodplains, 2. The tables published under the regulatory action under the criteria of Reporting and recordkeeping authority of § 65.4 are amended as section 3(f) of Executive Order 12866 of requirements. follows:
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.
Alabama: Jefferson ...... City of Birmingham Sept. 20, 1999, Sept. 27, The Honorable William A. Bell, Sr., Dec. 26, 1999 ...... 010116 E 1999, Birmingham Mayor of the city of Birmingham, News. 710 North 20th Street, Birmingham, Alabama 35203. Jefferson ...... Unincorporated Sept. 20, 1999, Sept. 27, Mr. Gary White, President of the Jef- Dec. 26, 1999 ...... 010217 E areas. 1999, Birmingham ferson County Commission, 716 News. 21st Street, Birmingham, Alabama 35263. Talladya ...... City of Sylacauga Oct. 1, 1999, Oct. 8, The Honorable Jesse L. Cleveland, Sep. 21, 1999 ...... 010199 C 1999, Daily Home. mayor of the city of Sylacauga, P.O. Box 390, Sylacauga, Alabama 35150. Connecticut: Fairfield ...... Town of Darien .... Oct. 28, 1999, Nov. 4, Mr. Robert F. Harrel, town of Darien Oct. 18, 1999 ...... 090005 1999, Darien News Re- First Selectman, 2 Renshaw Road, d&e view. Darien, Connecticut 06820. Fairfield ...... Town of Green- Oct. 4, 1999, Oct. 11, Mr. Thomas Ragland, Selectman for Sept. 24, 1999 ..... 090008 wich. 1999, Greenwich Times. the town of Greenwich, Town Hall, d&e 101 Field Point Road, Greenwich, Connecticut 06836. Fairfield ...... City of Stamford ... June 24, 1999, July 1, The Honorable Dannel P. Malloy, Sept. 29, 1999 ..... 090015 D 1999, The Advocate. mayor of the city of Stamford, 888 Washington, Boulevard, P.O. Box 10152, Stamford, Connecticut 06904. Florida: Dade ...... City of Miami ...... Oct. 7, 1999, Oct. 14, Mr. Donald H. Warshaw, Miami city Sept. 24, 1999 ..... 120650 J 1999, The Miami Herald. Manager, 444 SW 2nd Avenue, 10th floor, Miami, Florida 33130. Sumter ...... Unincorporated Oct. 14, 1999, Oct. 21, Mr. Benny Strickland, Chairman of Oct. 5, 1999 ...... 120296 B areas. 1999, Sumter County the Sumter County Board of Com- Times. missioners, 209 North Florida Street, room 206, Bushnell, Florida 33513. Georgia: Henry ...... Unincorporated Nov. 17, 1999, Nov. 24, Mr. Jim Joyner, Chairman of the Feb. 22, 2000 ...... 130468 B areas. 1999, The Daily Herald. Henry County Board of Commis- sioners, 345 Phillips Drive, McDonough, Georgia 30253. Fulton ...... Unincorporated Dec. 15, 1999, Dec. 22, Ms. Cecelia Corbin-Hunter, Interim Dec. 7, 1999 ...... 135160 E areas. 1999, The Atlanta Jour- Fulton County Manager, 141 Pryor nal & Constitution. Street, S.W., Tenth Floor, Atlanta, Georgia 30303. Henry ...... City of Stockbridge Nov. 17, 1999, Nov. 24, The Honorable Rudy Kelley, mayor of Feb. 22, 2000 ...... 130468 B 1999, The Daily Herald. the city of Stockbridge, 4545 North Henry Boulevard, Stockbridge, Georgia 30281. Ilinois: Cook ...... Unincorporated July 28, 1999, Aug. 4, Mr. John H. Stroger, president of the Nov. 2, 1999 ...... 170054 F areas. 1999, The Daily Cook County Board of Commis- Southtown. sioners, 118 North Clark Street, room 537, Chicago, Illinois 60602.
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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.
DuPage ...... City of Naperville .. Dec. 8, 1999, Dec. 17, The Honorable A. George Pradel, Mar. 14, 2000 ...... 170213 C 1999, The Herald News. mayor of the city of Naperville, 400 South Eagle Street, Naperville, Illi- nois 60566. Cook ...... Village of Sept. 24, 1999, Oct. 1, Mr. Al Larson, village of Schaumburg Sept. 17, 1999 ..... 170158 D Schaumburg. 1999, The Daily Herald. president, 101 Schaumburg Court, Schaumburg, Illinois 60193±1899. Will ...... Village of Beecher Sept. 22, 1999, Beecher Mr. Paul Lohmann, Beecher Village Oct. 18, 1999 ...... 170696 E Herald. president, P.O. Box 1154, 7224 Penfield Road, Beecher, Illinois 60401. Will ...... Unincorporated Dec. 8, 1999, Dec. 17, Mr. Charles R. Adelman, Will County Mar. 14, 2000 ...... 170695 E areas. 1999, The Herald News. Executive, 302 North Chicago Street, Joliet, Illinois 60432. Indiana: Madison .. City of Anderson .. Dec. 1, 1999, Dec. 8, The Honorable J. Mark Lawler, mayor Nov. 24, 1999 ...... 180150 C 1999, The Herald Bul- of the city of Anderson, 120 East letin. Eighth Street, P.O. Box 2100, An- derson, Indiana 46016. Mississippi: Lauderdale .... Unincorporated Oct. 5, 1999, Oct. 12, Mr. Rex Hiatt, Lauderdale County ad- Sept. 30, 1999 ..... 280224 D areas. 1999, The Meridian Star. ministrator, 410 Constitution Ave- nue, 11th Floor, Meridian, Mis- sissippi 39301. Lauderdale .... City of Meridian .... Oct. 5, 1999, Oct. 12, The Honorable John Robert Smith, Sept. 30, 1999 ..... 280096 D 1999, The Meridian Star. mayor of the city of Meridian, P.O. Box 1430, Meridian, Mississippi 39302±1430. Rankin ...... City of Pearl ...... Nov. 24, 1999, Dec. 1, The Honorable Jimmy Foster, mayor Feb. 28, 2000 ...... 280145 D 1999, Rankin County of the city of Pearl, P.O. Box 5948, News. Pearl, Mississippi 39288±5948. New Hampshire: Hillsborough .. Town of Bedford .. Sept. 9, 1999, Sept. 16, Ms. Catherine Debo, Bedford Town July 15, 1999 ...... 330083 C 1999, Bedford Bulletin. manager, Town Office Building, 24 North Amherst Road, Bedford, New Hampshire 03110. Merrimack ..... Town of Epsom .... Oct. 1, 1999, Concord Mr. John Hickey, Chairman of the Nov. 1, 1999 ...... 330112 B Monitor. Town of Epsom Board of Select- men, P.O. Box 10, Epsom, New Hampshire 03234. Ohio: Lucas ...... Unincorporated Nov. 17, 1999, Nov. 24, Ms. Sandy Isenberg, President of the Feb. 22, 2000 ...... 390359 D areas. 1999, The Blade. Lucas County Board of Commis- sioners, One Government Center, Suite 800, Toledo, Ohio 43604± 2259. South Carolina: Unincorporated Sept. 23, 1999, Sept. 30, Mr. T. Cary McSwain, Richland Coun- Sept. 15, 1999 ..... 450170 D Richland. areas. 1999, The State. ty Administrator, P.O. Box 192, Co- lumbia, South Carolina 29202. Tennessee: Hamilton ...... City of East Ridge Sept. 10, 1999, Sept. 17, The Honorable Fred Pruett, mayor of Sept. 2, 1999 ...... 475424 D 1999, Chattanooga the city of East Ridge, 1517 Times Free Press. Tombras Avenue, East Ridge, Ten- nessee 37412. Shelby ...... Town of Collierville Sept. 23, 1999, Sept. 30, The Honorable Herman W. Cox, Jr., Sept. 15, 1999 ..... 470263 D 1999, Collierville Herald. mayor of the town of Collierville, 101 Walnut Street, Collierville, Ten- nessee 38017±2671. Shelby ...... City of German- Nov. 18, 1999, Nov. 25, The Honorable Sharon Goldsworthy, Nov. 10, 1999 ...... 470353 D town. 1999, Germantown mayor of the city of Germantown, News. P.O. Box 38809, Germantown, Tennessee 38183±0809. Wisconsin: Wash- Unincorporated Oct. 5, 1999, Oct. 12, Mr. Kenneth F. Miller, Chairman of Jan. 10, 2000 ...... 550471 B ington. areas. 1999, The Daily News. the Washington County Board of Commissioners, 432 East Wash- ington Street, P.O. Box 1986, West Bend, Wisconsin 53095.
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(Catalog of Federal Domestic Assistance No. base flood elevations were also PART 67Ð[AMENDED] 83.100, ‘‘Flood Insurance.’’) published in the Federal Register. Michael J. Armstrong, This final rule is issued in accordance 1. The authority citation for part 67 Associate Director for Mitigation. with section 110 of the Flood Disaster continues to read as follows: Protection Act of 1973, 42 U.S.C. 4104, [FR Doc. 00–3522 Filed 2–14–00; 8:45 am] and 44 CFR part 67. Authority: 42 U.S.C. 4001 et seq.; BILLING CODE 6718±04±P The Agency has developed criteria for Reorganization Plan No. 3 of 1978, 3 CFR, floodplain management in floodprone 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. FEDERAL EMERGENCY areas in accordance with 44 CFR part MANAGEMENT AGENCY 60. § 67.11 [Amended] Interested lessees and owners of real 44 CFR Part 67 property are encouraged to review the 2. The tables published under the proof Flood Insurance Study and Flood authority of § 67.11 are amended as Final Flood Elevation Determinations Insurance Rate Map available at the follows: address cited below for each AGENCY: Federal Emergency community. #Depth in Management Agency (FEMA). The base flood elevations and feet above ACTION: Final rule. modified base flood elevations are made ground. Source of flooding and location *Elevation final in the communities listed below. SUMMARY: Base (1% annual chance) in feet Elevations at selected locations in each flood elevations and modified base (NGVD) community are shown. flood elevations are made final for the MINNESOTA communities listed below. The base National Environmental Policy Act flood elevations and modified base This rule is categorically excluded Becker (City), Sherburne flood elevations are the basis for the from the requirements of 44 CFR Part County (FEMA Docket No. floodplain management measures that 10, Environmental Consideration. No 7295) each community is required either to environmental impact assessment has Mississippi River: adopt or to show evidence of being been prepared. already in effect in order to qualify or Approximately 1.875 miles up- remain qualified for participation in the Regulatory Flexibility Act stream of State Highway 25 *913 Approximately 6.56 miles up- National Flood Insurance Program The Associate Director, Mitigation (NFIP). stream of State Highway 25 936 Directorate, certifies that this rule is Elk River: EFFECTIVE DATES: The date of issuance of exempt from the requirements of the Approximately 1.08 miles the Flood Insurance Rate Map (FIRM) Regulatory Flexibility Act because final downstream of County High- showing base flood elevations and or modified base flood elevations are way 4 ...... *944 modified base flood elevations for each required by the Flood Disaster Approximately 2.56 miles up- community. This date may be obtained Protection Act of 1973, 42 U.S.C. 4104, stream of County Highway 4 *951 by contacting the office where the maps and are required to establish and Maps available for inspection are available for inspection as indicated maintain community eligibility in the at the Becker City Hall, 12060 on the table below. National Flood Insurance Program. No Sherburne Avenue, Becker, Minnesota. ADDRESSES: The final base flood regulatory flexibility analysis has been elevations for each community are prepared. ÐÐÐ available for inspection at the office of Regulatory Classification Brown County (Unincor- the Chief Executive Officer of each porated Areas) (FEMA community. The respective addresses This final rule is not a significant Docket No. 7291) are listed in the table below. regulatory action under the criteria of section 3(f) of Executive Order 12866 of Minnesota River: FOR FURTHER INFORMATION CONTACT: September 30, 1993, Regulatory Approximately 1.1 miles down- stream of Chicago and Matthew B. Miller, P.E., Chief, Hazards Planning and Review, 58 FR 51735. Study Branch, Mitigation Directorate, Northwestern Railroad ...... *805 500 C Street SW., Washington, DC Executive Order 12612, Federalism Approximately 800 feet up- 20472, (202) 646–3461. stream of Chicago and This rule involves no policies that Northwestern Railroad SUPPLEMENTARY INFORMATION: The have federalism implications under Bridge ...... *809 Federal Emergency Management Agency Executive Order 12612, Federalism, Cottonwood River: (FEMA or Agency) makes final dated October 26, 1987. At confluence with Minnesota determinations listed below of base River ...... *807 Executive Order 12778, Civil Justice flood elevations and modified base At New Ulm corporate limits .... *807 Reform flood elevations for each community Backwater Effects of the Min- listed. The proposed base flood This rule meets the applicable nesota River: elevations and proposed modified base standards of section 2(b)(2) of Executive Downstream side of the Brown flood elevations were published in Order 12778. County corporate limits ...... *823 newspapers of local circulation and an List of Subjects in 44 CFR Part 67 Maps available for inspection opportunity for the community or at the Brown County Planning individuals to appeal the proposed Administrative practice and and Zoning Office, Brown determinations to or through the procedure, Flood insurance, Reporting County Courthouse, New Ulm, community was provided for a period of and recordkeeping requirements. Minnesota. ninety (90) days. The proposed base Accordingly, 44 CFR part 67 is flood elevations and proposed modified amended as follows:
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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)
ÐÐÐ Approximately 1.70 miles ÐÐÐ Hammond (City), Wabasha downstream of Maple Street Wabasha (City), Wabasha County (FEMA Docket No. dam ...... *894 County (FEMA Docket No. 7283) Maps available for inspection 7283) Zumbro River: at the Mazeppa City Hall, 1st Mississippi River: and Maple Street, Mazeppa, Approximately 0.37 mile down- Approximately 1.54 miles up- Minnesota. stream of Main Street bridge *805 stream of State Route 60 Approximately 400 feet up- ÐÐÐ bridge ...... *680 stream of Main Street bridge *808 Millville (City), Wabasha Approximately 3.41 miles West Zumbro River Tributary: County (FEMA Docket No. downstream of State Route At confluence with Zumbro 7283) 60 bridge ...... *677 River ...... *807 Zumbro River: Maps available for inspection Approximately 1,175 feet up- Approximately 0.5 mile down- at the City Hall, 900 Hiawatha stream of Bridge Street ...... *808 stream side of CSHA±2 Drive, Wabasha, Minnesota. bridge ...... *779 South Zumbro River Tributary: ÐÐÐ Approximately 300 feet up- Approximately 1,445 feet up- stream of confluence with stream side of CSAH±2 Wabasha County (Unincor- West Zumbro River Tributary *807 bridge ...... *784 porated Areas) (FEMA Approximately 100 feet up- Maps available for inspection Docket No. 7283) stream of confluence with at the City Hall, 311 Bridge Zumbro River: West Zumbro River Tributary *807 Street, Millville, Minnesota. Approximately 1.34 miles Maps available for inspection ÐÐÐ downstream of CSAH±2 bridge ...... *776 at the City Hall, East Main Minneiska (City), Wabasha Street, Hammond, Minnesota. County (FEMA Docket No. Downstream side of Zumbro ÐÐÐ 7283) Lake Dam ...... *875 North Fork Zumbro River: Elk River (City), Sherburne Mississippi River: At confluence with Zumbro County (FEMA Docket No. At downstream corporate limits *668 River ...... *860 7295) At upstream corporate limits ... *669 Approximately 0.55 mile up- Trott Brook: Maps available for inspection stream of Maple Street Dam *932 Approximately 0.75 mile down- at the City of Minneiska, 325 stream of divergence of East Taylor Hill Road, Minneiska, Mississippi River: Channel Trott Brook ...... *880 Minnesota. Downstream county limits ...... *668 Approximately 0.53 mile up- ÐÐÐ Upstream county boundary ..... *682 stream of divergence of East New Ulm (City), Brown County Zumbro Lake: Channel Trott Brook ...... *887 (FEMA Docket No. 7287) Upstream side of Zumbro Lake Maps available for inspection Minnesota River: Dam ...... *922 at the Elk River City Hall, Approximately 1,050 feet up- Upstream county boundary ..... *922 13065 Orono Parkway, Elk stream of 20th S. Street ...... *808 Buckman Coulee: River, Minnesota. At U.S. Highway #14 ...... *809 Approximately 850 feet up- ÐÐÐ Cottonwood River: stream of upstream crossing Lake City (City), Wabasha Approximately 2,200 feet up- of U.S. Route 63 ...... *844 County (FEMA Docket No. stream of Dam ...... *831 Approximately 450 feet down- 7291) Approximately 500 feet down- stream of State Route 60 Mississippi River: stream of County Highway crossing ...... *846 13 ...... *832 At downstream corporate limits *682 Gilbert Creek: Maps available for inspection At upstream corporate limits ... *682 Approximately 2.1 miles up- at the New Ulm City Engi- stream of Soo Line Railroad Gilbert Creek: neer's Office, 100 North Confluence with Mississippi crossing ...... *714 Broadway, New Ulm Min- Approximately 1.3 miles down- River ...... *682 nesota. Downstream of U.S. 61 bridge *682 stream of confluence of ÐÐÐ Miller Creek: Sugarloaf Creek ...... *715 Confluence with Mississippi Sherburne County (Unincor- Miller Creek: River ...... *682 porated Areas) (FEMA Approximately 100 feet up- Approximately 300 feet up- Docket No. 7295) stream of U.S. 61 ...... *682 stream from U.S. 61 bridge *682 Mississippi: Approximately 600 feet down- Maps available for inspection Approximately 4.1 miles down- stream of U.S. 61 ...... *682 at the Lake City Hall, 205 stream of U.S. Route 101 .... *856 South Zumbro River Tributary: West Center Street, Lake City, Approximately 0.51 mile down- At confluence with West Minnesota. stream of St. Cloud Dam ..... *971 Zumbro River Tributary ...... *808 Elk River: ÐÐÐ Approximately 300 feet up- Approximately 600 feet up- stream of confluence with Mazeppa (City), Wabasha stream of County Highway 4 *946 West Zumbro River Tributary *808 County (FEMA Docket No. At Big Elk Lake ...... *968 Maps available for inspection 7283) Maps available for inspection at the Wabasha County Court- North Fork Zumbro River: at the Sherburne County Plan- house, 625 Jefferson Avenue, Approximately 1,650 feet up- ning and Zoning Department, Wabasha, Minnesota. stream of Maple Street dam *932 13880 Highway 10, Elk River, Minnesota.
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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)
ÐÐÐ ÐÐÐ Maps available for inspection Zumbro Falls (City), Wabasha Greenwich (Village), Wash- at the New York Mills Village County (FEMA Docket No. ington County (FEMA Dock- Clerk's Office, 1 Maple Street, 7283) et No. 7295) New York Mills, New York. Zumbro River: Batten Kill: ÐÐÐ Approximately 1,250 feet up- Approximately 1,185 feet Whitesboro (Village), Oneida stream side of Main Street downstream of Golden County (FEMA Docket No. bridge ...... *842 Fleece Dam ...... *314 7291) Approximately 2,000 feet Approximately 2,160 feet up- Sauquoit Creek: downstream of Main Street stream of the most upstream bridge ...... *839 dam ...... *343 At downstream corporate limits *414 Buckman Coulee: Maps available for inspection Approximately 1,760 feet up- At downstream cross of U.S. at the Greenwich Village Hall, stream of Oriskany Boule- Route 63 ...... *839 6 Academy Street, Greenwich, vard ...... *428 Approximately 50 feet down- New York. Mohawk River: stream side of U.S. Highway ÐÐÐ At confluence of Sauquoit 63 ...... *41 Creek ...... *414 Lloyd (Town), Ulster County Maps available for inspection Approximately 1,000 feet up- (FEMA Docket No. 7295) at the Zumbro Falls City Hall, stream side of Mohawk Black Creek: Main Street, Zumbro Falls, Street ...... *414 Approximately 100 feet down- Minnesota. stream of Pancake Hollow Maps available for inspection Road ...... *317 at the Whitesboro Village Hall, NEW HAMPSHIRE Approximately 1.07 miles up- 10 Moseley Street, stream of State Route 44 .... *518 Whitesboro, New York. Brentwood (Town), Rocking- Twaalfskill Creek: ÐÐÐ ham County (FEMA Docket Approximately 140 feet down- Whitestown (City), Oneida No. 7287) stream of Van Wagner Road *249 County (FEMA Docket No. Exeter River: Approximately 1 mile upstream 7291) At downstream corporate limits *50 of Tillison Avenue ...... *337 Approximately 0.57 mile up- Sauquoit Creek: Maps available for inspection Upstream side of CONRAIL stream of corporate limits .... *134 at the Lloyd Town Hall, 12 Dudley Brook: bridge ...... *418 Church Street, Highland, New Upstream side of State Route At downstream corporate limits *80 York. At North Road ...... *108 5A ...... *461 Maps available for inspection ÐÐÐ Mud Creek: at the Selectmen's Office, 1 Lowville (Village), Lewis At confluence with Sauquoit Dalton Road, Brentwood Town County (FEMA Docket No. Creek ...... *450 Hall, Brentwood, New Hamp- 7291) Approximately 365 feet up- shire. Mill Creek: stream side of confluence At downstream corporate limits *744 with Sauquoit Creek ...... *450 NEW JERSEY Approximately 500 feet up- Maps available for inspection stream of Cedar Street ...... *873 at the Whitestown Town Hall, Maps available for inspection Morris Plains (Borough), Mor- 8 Park Avenue, Whitesboro, at the Village of Lowville Mu- ris County (FEMA Docket New York. nicipal Building, Code Enforce- No. 7295) ment Office, 5402 Dayan ÐÐÐ Watnong Brook: Yorkville (Village), Oneida Approximately 40 feet down- Street, Lowville, New York. County (FEMA Docket No. stream of West Hanover Av- ÐÐÐ 7291) enue ...... *371 New Bremen (Town), Lewis Sauquoit Creek: Approximately 780 feet up- County (FEMA Docket No. stream of CONRAIL ...... *450 7295) At upstream side of CONRAIL Maps available for inspection Black River: bridge ...... *418 at the Morris Plains Borough Approximately 100 feet down- Approximately 310 feet up- Clerks Office, 531 Speedwell stream of State Route 410 .. *737 stream of Oriskany Boule- Avenue, Morris Plains, New Approximately 0.95 mile up- vard ...... *427 Jersey. stream of Lowville and Bea- Maps available for inspection ver River Railroad ...... *743 at the Yorkville Village Hall, 7 NEW YORK Maps available for inspection 7th Street, Yorkville, New at the New Bremen Town Hall, York. Cooperstown (Village), Ot- RR 3, Lowville, New York. sego County (FEMA Docket ÐÐÐ NORTH CAROLINA No. 7295) New York Mills (Village), Otsego Lake: Oneida County (FEMA Cumberland County (Unincor- Entire shoreline within commu- Docket No. 7291) porated Areas) (FEMA nity ...... *1,194 Sauquoit Creek: Docket No. 7295) Maps available for inspection Approximately 190 feet down- Tank Creek: at the Cooperstown Village stream of Oriskany Boule- Approximately 100 feet down- Hall, 22 Main Street, Coopers- vard ...... *422 stream of Seaboard Coast town, New York. Approximately 610 feet up- Line Railroad ...... *174 stream of State Route 5A .... *462
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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)
Approximately 1,800 feet Maps available for inspection Maps available for inspection downstream of Seaboard at the Brackenridge Borough at the Township of Harmar Coast Line Railroad ...... *171 Office, 1000 Brackenridge Av- Municipal Building, 701 Free- Maps available for inspection enue, Brackenridge, Pennsyl- port Road, Cheswick, Pennsyl- at the Cumberland County Old vania. vania. Courthouse, Engineering De- ÐÐÐ ÐÐÐ partment, 130 Gillespie Street, Room 214, Fayetteville, North Cheswick (Borough), Alle- Harrison (Township), Alle- Carolina. gheny County (FEMA Dock- gheny County (FEMA Dock- et No. 7295) et No. 7295) ÐÐÐ Allegheny River: Allegheny River: Spring Lake (Town), Cum- Approximately 0.75 mile up- Approximately 0.85 mile down- berland County (FEMA stream of Lock and Dam No. stream of Lock and Dam No. Docket No. 7295) 3 ...... *749 2 ...... *757 Tank Creek Tributary A: Approximately 1.1 miles up- Upstream side of Freeport At confluence with Tank Creek *167 stream of Lock and Dam No. At CSX Transportation ...... *222 Bridge ...... *768 3 (at upstream corporate Maps available for inspection Maps available for inspection limits) ...... *749 at the Spring Lake Town Hall, at the Township of Harrison Maps available for inspection Inspection's Department, 300 Municipal Building, Municipal at the Cheswick Borough Of- Ruth Street, Spring Lake, Drive, Natrona Heights, Penn- fice, 220 South Atlantic Ave- North Carolina. sylvania. nue, Cheswick, Pennsylvania. ÐÐÐ ÐÐÐ OHIO Millvale (Borough), Allegheny East Deer (Township), Alle- County (FEMA Docket No. Louisville (City), Stark County gheny County (FEMA Dock- 7295) (FEMA Docket No. 7130) et No. 7295) Allegheny River: Broad-Monter Creek: Allegheny River: Approximately 0.37 mile down- At upstream side of U.S. Approximately 0.28 mile up- stream of Fortieth Street ...... *734 stream of New Kensington Route 44 (Ravenne Avenue) *1,110 Approximately 65 feet down- Highway ...... *753 Just downstream of Meese stream of Fortieth Street ...... *734 Road ...... *1,161 Approximately 0.48 mile down- Allegheny River (Herr's Island North Chapel Creek: stream of Ross Street (New Back Channel): Approximately 450 feet down- Tarentum Bridge) (at up- stream of Frana-Clara Street *1,105 stream corporate limits) ...... *755 At downstream corporate limits *734 Approximately 1,500 feet up- Maps available for inspection Approximately 1,400 feet up- stream of Reno Drive ...... *1,129 at the Township of East Deer stream of CSX Transpor- Maps available for inspection Municipal Building, 927 Free- tation ...... *734 at the City of Louisville, Plan- port Road, Creighton, Pennsyl- Maps available for inspection ning and Development, 215 vania. at the Millvale Borough Hall, 501 Lincoln Avenue, Millvale, South Mill Street, Louisville, ÐÐÐ Ohio. Pennsylvania. Etna (Borough), Allegheny ÐÐÐ County (FEMA Docket No. PENNSYLVANIA 7295) O'Hara (Township), Allegheny Allegheny River: County (FEMA Docket No. Aspinwall (Borough), Alle- At confluence of Pine Creek ... *736 7295) gheny County (FEMA Dock- Approximately 0.38 mile down- Allegheny River: et No. 7295) stream of Sixty Second Downstream side of Lock and Allegheny River: Dam No. 2 ...... *738 Approximately 650 feet down- Street Bridge ...... *736 Approximately 0.56 mile down- stream of CONRAIL Bridge *739 Pine Creek: stream of Oakmont-Hulton Approximately 1,050 feet up- At confluence with Allegheny Highway ...... *743 stream of CONRAIL Bridge *739 River ...... *736 Maps available for inspection Just upstream of Poplar Street *736 Maps available for inspection at the Aspinwall Borough Mu- Maps available for inspection at the O'Hara Township Office, nicipal Building, 217 Commer- at the Etna Borough Office, 325 Fox Chapel Road, Pitts- cial Avenue, Aspinwall, Penn- 437 Butler Street, Pittsburgh, burgh, Pennsylvania. sylvania. Pennsylvania. ÐÐÐ ÐÐÐ ÐÐÐ Oakmont (Borough), Alle- Brackenridge (Borough), Alle- Harmar (Township), Alle- gheny County (FEMA Dock- gheny County (FEMA Dock- gheny County (FEMA Dock- et No. 7295) et No. 7295) et No. 7295) Allegheny River: Allegheny River: Allegheny River: At confluence of Plum Creek Approximately 0.61 mile up- Approximately 0.56 mile down- approximately 0.56 mile stream of Ross Street (New stream of Oakmont-Hulton downstream of Oakmont- Tarentum Bridge) ...... *756 Highway ...... *743 Hulton Highway ...... *742 Approximately 1.18 miles up- Approximately 500 feet up- Approximately 1.12 mile down- stream of Ross Street (New stream of Lock and Dam No. stream of Pennsylvania Tarentum Bridge) ...... *756 3 ...... *748 Turnpike ...... *743
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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 available for inspection ÐÐÐ Maps available for inspection at the Borough of Oakmont Sharpsburg (Borough), Alle- at the Springdale Township Municipal Building, Fifth Street gheny County (FEMA Dock- Hall, 100 Plate Drive, Harwick, and Virginia Avenue, Oakmont, et No. 7295) Pennsylvania. Pennsylvania. Allegheny River: ÐÐÐ ÐÐÐ Approximately 0.38 mile up- Tarentum (Borough), Alle- Penn Hills (Municipality), Alle- stream of Sixty Second gheny County (FEMA Dock- gheny County (FEMA Dock- Street Bridge ...... *737 et No. 7295) et No. 7295) Approximately 0.75 mile down- Allegheny River: Allegheny River: stream of Lock and Dam No. Approximately 0.57 mile down- Approximately 1.1 miles up- 2 ...... *737 stream of Ross Street (New stream of CONRAIL Bridge *740 Maps available for inspection Taretum Bridge) (at down- at the Sharpsburg Borough Of- stream corporate limits) ...... *755 At upstream corporate limits ... *742 Approximately 0.76 mile up- Maps available for inspection fice, 10611 Main Street, Pitts- burgh, Pennsylvania. stream of Ross Street (New at the Municipality of Penn Tarentum Bridge) (at up- Hills Planning Department, ÐÐÐ stream corporate limits) ...... *756 12245 Frankstown Road, Penn South Londonderry (Town- Maps available for inspection Hills, Pennsylvania. ship), Lebanon County at the Borough of Tarentum ÐÐÐ (FEMA Docket No. 7291) Municipal Building, 318 Sec- Pittsburgh (City), Allegheny Spring Creek: ond Avenue, Tarentum, Penn- County (FEMA Docket No. Approximately 480 feet down- sylvania. 7295) stream of Yorkshire Road .... *411 ÐÐÐ Allegheny River: Approximately 650 feet up- Verona (Borough), Allegheny Approximately 900 feet up- stream of Lawn Road ...... *466 County (FEMA Docket No. stream of Ninth Street ...... *730 Tributary to Spring Creek: 7295) Approximately 1.1 miles up- At the confluence with Spring Allegheny River: stream of CONRAIL Bridge *740 Creek ...... *441 Approximately 4,400 feet Allegheny River (Herr's Island Approximately 1,600 feet up- downstream of confluence Back Channel): stream from the confluence with Plum Creek (at down- Just upstream of CONRAIL with Spring Creek ...... *453 stream corporate limits) ...... *742 Bridge ...... *733 Maps available for inspection At confluence with Plum Creek *742 Maps available for inspection Approximately 1,400 feet up- at the South Londonderry at the Borough of Verona Mu- stream of CSX Transpor- Township Hall, 101 Center nicipal Building, 736 East Rail- tation ...... *734 Street, Campbell, Pennsyl- vania. road Avenue, Verona, Penn- Maps available for inspection sylvania. at the Pittsburgh City Planning ÐÐÐ Office, 200 Ross Street, Pitts- Springdale (Borough), RHODE ISLAND burgh, Pennsylvania. Allegheny River (FEMA Docket ÐÐÐ No. 7295) Providence (City), Providence Plum (Borough), Allegheny Allegheny River: County (FEMA Docket No. County (FEMA Docket No. Approximately 1.1 miles up- 7291) 7295) stream of Lock and Dam No. Ponding Area 4±1A: Allegheny River: 3 (at downstream corporate Entire shoreline within the City At Pennsylvania Turnpike ...... *745 limit) ...... *749 of Providence ...... *78 Approximately 0.32 mile down- Approximately 2,200 feet Ponding Area 4±1B: stream of confluence of downstream of confluence of Entire shoreline within the City Pucketa Creek ...... *752 Pucketa Creek (at upstream of Providence ...... *73 Maps available for inspection corporate limits) ...... *752 Ponding Area 4±3: at the Plum Borough Planning Maps available for inspection Entire shoreline within the City and Zoning Office, 4575 New at the Borough of Springdale of Providence ...... *71 Texas Road, Pittsburgh, Penn- Municipal Building, 325 School Ponding Area 4±4: sylvania. Street, Springdale, Pennsyl- Entire shoreline within the City vania. of Providence ...... *85 ÐÐÐ Maps available for inspection Shaler (Township), Allegheny ÐÐÐ at the Providence City Hall, County (FEMA Docket No. Springdale (Township), Alle- Planning and Development 7295) gheny County (FEMA Dock- Building, 400 Westminster Allegheny River: et No. 7295) Street, 5th Floor, Providence, Approximately 0.80 mile up- Allegheny River: Rhode Island. stream of Fortieth Street ...... *735 Approximately 0.40 mile down- Approximately 0.72 mile down- stream of confluence of VERMONT stream of 62nd Street ...... *736 Pucketa Creek (at down- Maps available for inspection stream corporate limits) ...... *752 Wolcott (Town), Lamoille at the Shaler Township Hall, Approximately 1,790 feet County (FEMA Docket No. 300 Wetzel Road, Glenshaw, downstream of New Ken- 7291) Pennsylvania. sington Highway ...... *753 Wild Branch:
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#Depth in #Depth in FEDERAL COMMUNICATIONS feet above feet above COMMISSION Source of flooding and location ground. Source of flooding and location ground. *Elevation *Elevation 47 CFR PARTS 0, 73 AND 76 in feet in feet (NGVD) (NGVD) [MM Docket Nos. 98±204 and 96±16, FCC 00±20] At the upstream side of Mississippi River: Lamoille Valley Railroad ...... *677 Approximately 4 miles down- Revision of Broadcast and Cable EEO Approximately 625 feet up- stream of U.S. Highway 18 .. *628 Rules and Policies stream of a private drive Approximately 0.7 mile down- (approximately 225 feet stream of U.S. Highway 18 .. *629 AGENCY: Federal Communications downstream of upstream Maps available for inspection Commission. corporate limits) ...... *927 at the Crawford County Zoning ACTION: Final rule. Maps available for inspection Department, 111 West Dunn at the Wolcott Town Hall, 4186 Street, Prairie Du Chien, Wis- SUMMARY: This document adopts new Vermont Route 15, Wolcott, consin. Vermont. broadcast Equal Employment ÐÐÐ Opportunity (EEO) rules and policies WEST VIRGINIA Fond du Lac County (Unin- and amends its cable EEO rules and corporated Areas) (FEMA policies. The document retains the Logan County (Unincor- Docket No. 7291) existing ban on discrimination and porated Areas) (FEMA Sevenmile Creek: promulgates recruitment-oriented Docket NO. 7299) Approximately 845 feet up- outreach rules. The EEO rules make Mud Fork: stream of the confluence clear that broadcasting and cable At the confluence with with East Branch Fond du entities are not required to employ a Copperas Mine Fork ...... *676 Lac River ...... *839 staff that reflects the racial or other Approximately 1,960 feet up- Upstream side of County stream from CSX Railroad ... *676 Route Y ...... *879 composition of the community or to use Copperas Mine Fork: De Neveu Creek: racial preferences in hiring. The At the confluence with Island Approximately 1,380 feet intended effect is to adopt effective EEO Creek ...... *676 downstream of U.S. High- rules for the broadcasting and cable Approximately 1,070 feet way 45 ...... *810 industries. downstream from County Approximately 1,900 feet up- DATES: Effective April 17, 2000, except Route 9 and County Route 4 *676 stream of confluence of Island Creek: for the amendments to §§ 73.2080; Unnamed Tributary to De 73.3526; 73.3527; 76.75; 76.77; 76.79; Approximately 140 feet up- Neveu Creek ...... *826 76.1702; and 76.1802, which contain stream of confluence of Unnamed Tributary to Unnamed Guyandotte River ...... *661 Tributary to De Neveu Creek: information collection requirements that Approximately 1,425 feet up- At confluence with Unnamed have not been approved by the Office of stream of confluence of Cow Tributary to De Neveu Creek *826 Management and Budget (OMB). The Creek ...... *850 At outlet of Lake De Neveu ..... *824 FCC will publish a document in the Maps available for inspection Federal Register announcing the at the 911 EOC Building, Lake De Neveu: Entire shoreline within county *864 effective date of those amendments. Flood Zoning Office, 281¤2 Main Avenue, Logan, West Kettle Moraine Lake: FOR FURTHER INFORMATION CONTACT: Roy Virginia. Entire shoreline within county *1,025 Boyce or Hope Cooper, Mass Media ÐÐÐ Unnamed Tributary to De Neveu Bureau, EEO Staff. (202) 418–1450. For Creek: Morgan County (Unincor- additional information concerning the At confluence with De Neveu porated Areas) (FEMA information collections, contact Judy Creek ...... *822 Docket No. 7299) Boley, Federal Communications Cacapon River: Just upstream of County Route Commission, Room 1–C804, 445 12th Approximately 200 feet up- UU ...... *957 Street, SW, Washington, DC 20554, or stream of the confluence Maps available for inspection via the Internet to [email protected]. with the Potomac River ...... *454 at the Code Enforcement Of- SUPPLEMENTARY INFORMATION: Approximately 1,405 feet up- fice, 160 South Macy Street, This is a stream of the most upstream Fond du Lac, Wisconsin. synopsis of the Commission’s Report crossing of State Route 9 .... *584 and Order in MM Docket Nos. 98–204 Maps available for inspection (Catalog of Federal Domestic Assistance No. and 96–16, adopted January 20, 2000, at the Morgan County Court- 83.100, ‘‘Flood Insurance.’’) and released February 2, 2000. The house, 202 Fairfax Street, Dated: January 31, 2000. complete text of this Report and Order Berkeley Springs, West Vir- is available for inspection and copying ginia. Michael J. Armstrong, during normal business hours in the Associate Director for Mitigation. FCC Reference Information, Courtyard WISCONSIN [FR Doc. 00–3521 Filed 2–14–00; 8:45 am] Level, 445 12th Street, SW, Washington, BILLING CODE 6718±04±P DC, and also may be purchased from the Crawford County (Unincor- Commission’s copy contractor, porated Areas) (FEMA Docket No. 7295) International Transcription Services, Wisconsin River: Inc., at 202–857–3800, CY–B400, 445 At confluence with the Mis- 12th St., SW, Washington, DC. sissippi River ...... *628 Synopsis of Report and Order Approximately 1.88 miles up- stream of confluence with As proposed in the Notice of Richland Creek ...... *662 Proposed Rule Making (NPRM) in this
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Commission to determine whether we necessary, to maintain its EEO estimates of small businesses to which have authority to enforce an exemptions for small stations defined as the new rules will apply do not exclude employment nondiscrimination those with fewer than five employees. any radio or television station from the requirement. The Report and Order We note that this FRFA conforms to the definition of a small business on this adopts new EEO rules and policies for RFA, and that the Report and Order basis and are therefore overinclusive to broadcasters and cable entities, continues to exempt broadcast station that extent. An additional element of the including multichannel video employment units with fewer than five definition of ‘‘small business’’ is that the programming distributors (MVPDs), full-time employees from the FCC’s entity must be independently owned consistent with the Lutheran Church specific EEO requirements, as well as and operated. We could not fully apply decision. The new EEO rules retain the providing additional relief for this criterion, and our estimates of small FCC’s anti-discrimination provisions employment units that have between businesses to which the rules may apply and prohibit broadcasters and cable five and ten full-time employees. may be overinclusive to this extent. entities from engaging in discriminatory Last, with respect to applying SBA size C. Description and Estimate of the practices. In addition, the rules require standards revenue caps, the SBA has Number of Small Entities to Which the broadcasters and cable entities to defined ‘‘annual receipts’’ specifically Rules Would Apply establish and maintain an EEO program in 13 CFR 121.104, and its calculations designed to provide equal opportunity The RFA directs the Commission to include an averaging process. We do not for everyone, including minorities and provide a description of and, where currently require submission of women. The new rules emphasize feasible, an estimate of the number of financial data from licensees that we inclusive recruitment outreach and small entities that may be affected by could use in applying the SBA’s prohibit entities from preferring the proposed rules. 5 U.S.C. 604(a)(3). definition of a small business. Thus, for members of any racial, national origin, Under the RFA, small entities may purposes of estimating the number of or gender group in hiring. We note that include small organizations, small small entities to which the rules apply, SBA has approved our approach for businesses, and small governmental we are limited to considering the small stations and small cable entities in jurisdictions. 5 U.S.C. 601(6). The RFA, revenue data that are publicly available, this Report and Order. Letter from Aida 5 U.S.C. 601(3), generally defines the and those data may not correspond Alvarez, Administrator, U.S. Small term ‘‘small business’’ as having the completely with the SBA definition of Business Administration, to Roy same meaning as the term ‘‘small annual receipts. Stewart, Chief, Mass Media Bureau, business concern’’ under the Small Television and Radio Stations: The Federal Communications Commission Business Act, 15 U.S.C. 632. A small rules in this Report and Order will (January 19, 2000). business concern is one which: (1) Is apply to television and radio stations. independently owned and operated; (2) The Small Business Administration B. Summary of Significant Issues Raised is not dominant in its field of operation; defines a television broadcasting station by the Public Comments in Response to and (3) satisfies any additional criteria that has no more than $10.5 million in the IRFA established by the SBA. Pursuant to 4 annual receipts as a small business. 13 Three comments were filed U.S.C. 601(3), the statutory definition of CFR 121.201, Standard Industrial Code specifically in response to the IRFA. See a small business applies ‘‘unless an (SIC) 4833. Television broadcasting Comments of Small Cable Business agency after consultation with the Office stations consist of establishments Association (SCBA), U.S. Small of Advocacy of the SBA and after primarily engaged in broadcasting Business Administration (SBA), and opportunity for public comment, visual programs by television to the Congressmen Michael G. Oxley and establishes one or more definitions of public, except cable and other pay Ralph M. Hall (Oxley/Hall). SCBA states such term which are appropriate to the television services. Economics and that EEO recruiting, recordkeeping and activities of the agency and publishes Statistics Administration, Bureau of reporting requirements substantially such definition(s) in the Federal Census, U.S. Department of Commerce, impact small cable systems since they Register.’’ (While we stated in the 1992 Census of Transportation, have limited financial and NPRM that we tentatively believe that Communications and Utilities, administrative resources. It urges the the SBA’s definition of ‘‘small business’’ Establishment and Firm Size, Series Commission to consider its comments in this context greatly overstates the UC92–S–1, Appendix A–9 (1995). regarding small cable entities filed in number of radio and television Included in this industry are response to the NPRM. For the purpose broadcast stations that are small commercial, religious, educational, and of providing EEO relief to small cable businesses and is not suitable for other television stations. Also included operators, SCBA believes that a small purposes of determining the impact of are establishments primarily engaged in cable company should be defined by its the proposals on small television and television broadcasting and which number of employees, and not its radio stations, for purposes of this produce taped television program amount of gross revenues, as currently FRFA, we include the SBA’s definition materials. Id. defined by the SBA. It states that a cable in determining the number of small There were 1,509 full-service system’s gross revenues or number of businesses to which the rules would television stations operating in the subscribers does not correspond well to apply.) The rules we adopt in this nation in 1992. FCC News Release No. EEO rules. We note that the Report and Report and Order will affect broadcast 31327, Jan. 13, 1993; Economics and Order considers SCBA’s concerns and stations and cable entities, including Statistics Administration, Bureau of provides relief to small cable MVPDs. Census, U.S. Department of Commerce, employment units on the basis of unit An element of the definition of ‘‘small Appendix A–9. That number has staff size, and by streamlining reporting business’’ is that the entity not be remained fairly constant as indicated by and recordkeeping requirements for all dominant in its field of operation. We the approximately 1,616 operating full- cable entities. are unable at this time to define or service television broadcasting stations The SBA urges the FCC to look at the quantify the criteria that would in the nation as of September 1999. FCC economic impact of its proposed EEO establish whether a specific radio or News Release, Broadcast Station Totals requirements on small stations television station is dominant in its field as of September 30, 1999 (released consistent with the RFA, and if of operation. Accordingly, the following November 22, 1999). For 1992, the
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Annual Employment Reports (FCC Form Commission’s Consumer Information afforded by all licensees or permittees of 395–B), performed by staff of the Equal Bureau, Reference Information Center, commercially or noncommercially Employment Opportunity Branch, Mass will send a copy of this Report and operated AM, FM, TV or international Media Bureau, FCC. Also, a station will Order, including this FRFA, to the Chief broadcast stations (as defined in this not qualify for relief if it shares one or Counsel for Advocacy of the Small part) to all qualified persons, and no more employees with one or more Business Administration. A copy of the person shall be discriminated against in commonly owned stations in the same Report and Order and FRFA (or employment by such stations because of market and their combined staffs total summaries thereof) will also be race, color, religion, national origin, or more than ten full-time employees since published in the Federal Register. sex. Religious radio broadcasters may such stations are considered one List of Subjects establish religious belief or affiliation as employment unit for EEO purposes. a job qualification for all station We also received comments arguing 47 CFR Part 0 employees. However, they cannot that cable systems with small staffs Organization and functions discriminate on the basis of race, color, should be provided EEO relief since (Government agencies). national origin or gender from among they, too, have limited personnel and those who share their religious financial resources. Upon consideration, 47 CFR Part 73 affiliation or belief. For purposes of this we will require cable employment units Radio, Equal employment rule, a religious broadcaster is a licensee with six to ten full-time employees that opportunity, Reporting and which is, or is closely affiliated with, a use the supplemental recruitment recordkeeping requirements, Television. church, synagogue, or other religious measures to engage in only one option 47 CFR Part 76 entity, including a subsidiary of such an from the supplemental recruitment entity. measures menu each year, as opposed to Cable television, Equal employment (b) General EEO program the two options required otherwise. opportunity, Reporting and requirements. Each broadcast station We will continue to exempt broadcast recordkeeping requirements. shall establish, maintain, and carry out station employment units with fewer Federal Communications Commission. a positive continuing program of than five full-time employees from our Magalie Roman Salas, specific practices designed to ensure specific EEO program requirements. In Secretary. equal opportunity and addition, cable employment units with nondiscrimination in every aspect of fewer than six full-time employees will Rule Changes station employment policy and practice. still not be required to demonstrate Under the terms of its program, a station compliance with the EEO program For the reasons discussed in the shall: requirements. preamble, the Federal Communications Commission amends 47 CFR parts 0, 73 (1) Define the responsibility of each F. Federal Rules That May Duplicate, and 76 as follows: level of management to ensure vigorous Overlap, or Conflict With the EEO Rules enforcement of its policy of equal Oxley/Hall maintain that the FCC’s PART 0ÐCOMMISSION opportunity, and establish a procedure proposed EEO program substantially ORGANIZATION to review and control managerial and replicates the work of the Equal 1. The authority citation for part 0 supervisory performance; Employment Opportunity Commission continues to read as follows: (2) Inform its employees and (EEOC). Oxley/Hall Comments at 3. As recognized employee organizations of Authority: Sec. 5, 48 Stat. 1068, as the equal employment opportunity we stated in the Report and Order, amended; 47 U.S.C. 155, 225, unless while the EEOC and FCC share as a otherwise noted. policy and program and enlist their common goal the elimination of cooperation; 2. Section 0.283 is amended by discriminatory employment practices, (3) Communicate its equal revising paragraph (b)(1)(iii) to read as the primary functions of the two employment opportunity policy and follows: agencies differ greatly. Whereas the program and its employment needs to EEOC reviews discrimination § 0.283 Authority delegated. sources of qualified applicants without complaints in order to provide relief to * * * * * regard to race, color, religion, national victims of discrimination, the FCC’s (b) * * * origin, or sex, and solicit their principal concern with respect to (1) * * * recruitment assistance on a continuing discrimination allegations is to (iii) Present documented allegations basis; determine the fitness of broadcasters of failure to comply with the (4) Conduct a continuing program to and cable entities to fulfill their Commission’s Equal Employment exclude all unlawful forms of prejudice obligations under the Communications Opportunity rules and policies. or discrimination based upon race, Act. Moreover, the Memorandum of * * * * * color, religion, national origin, or sex Understanding Between the Federal from its personnel policies and practices Communications Commission and the PART 73ÐRADIO BROADCAST and working conditions; and Equal Employment Opportunity SERVICES (5) Conduct a continuing review of job Commission, 51 FR 21798 (1986), structure and employment practices and coordinates and minimizes overlap of 3. The authority citation for part 73 adopt positive recruitment, job design, the enforcement efforts of the two continues to read as follows: and other measures needed to ensure agencies. Authority: 47 U.S.C. 154, 303, 334 and 336. genuine equality of opportunity to Report to Congress: The Commission 4. Section 73.2080 is revised as participate fully in all organizational will send a copy of the Report and follows: units, occupations, and levels of Order, including this FRFA, in a report responsibility. to be sent to Congress pursuant to the § 73.2080 Equal employment opportunities (c) Specific EEO program Small Business Regulatory Enforcement (EEO rule). requirements. Under the terms of its Fairness Act of 1996, 5 U.S.C. (a) General EEO policy. Equal program, a station employment unit 801(a)(1)(A). In addition, the opportunity in employment shall be must:
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(1) Recruit for every job vacancy in its the community to acquire skills needed the development of programs to assure operation. A job filled by an internal for broadcast employment; all persons equal opportunity for promotion is not considered a vacancy (vi) Participation in job banks, employment, irrespective of race, for which recruitment is necessary. internet programs, and other programs national origin, color, religion, or sex, Religious radio broadcasters who designed to promote outreach generally and include an effective establish religious affiliation as a (i.e., that are not primarily directed to nondiscrimination clause in new or qualification for a job position are not providing notification of specific job renegotiated union agreements; and required to comply with these vacancies); (vii) Avoid the use of selection recruitment requirements with respect (vii) Participation in scholarship techniques or tests that have the effect to that job position or positions, but will programs designed to assist students of discriminating against any person be expected to make reasonable, good interested in pursuing a career in based on race, national origin, color, faith efforts to recruit applicants who broadcasting; religion, or sex. are qualified based on their religious (viii) Establishment of training (5) Retain records to document that it affiliation. Nothing in this section shall programs designed to enable station has satisfied the requirements of be interpreted to require a broadcaster to personnel to acquire skills that could paragraphs (c) (1) and (2) of this section. grant preferential treatment to any qualify them for higher level positions; Such records, which may be maintained individual or group based on race, color, (ix) Establishment of a mentoring in an electronic format, shall be retained program for station personnel; national origin, religion, or gender. until after grant of the renewal (x) Participation in at least four events (i) A station employment unit shall application for the term during which or programs sponsored by educational the vacancy was filled or the initiative use recruitment sources for each institutions relating to career vacancy sufficient in its reasonable, occurred. Such records need not be opportunities in broadcasting; submitted to the FCC unless specifically good faith judgment to widely (xi) Sponsorship of at least two events requested. The following records shall disseminate information concerning the in the community designed to inform be maintained: vacancy. and educate members of the public as to (ii) In addition to such recruitment (i) Listings of all full-time job employment opportunities in vacancies filled by the station sources, a station employment unit shall broadcasting; provide notification of each vacancy to employment unit, identified by job title; (xii) Listing of each upper-level (ii) For each such vacancy, the any organization that distributes category opening in a job bank or recruitment sources utilized to fill the information about employment newsletter of media trade groups whose vacancy (including, if applicable, opportunities to job seekers or refers job membership includes substantial organizations entitled to notification seekers to employers, upon request by participation of women and minorities; such organization. To be entitled to (xiii) Participation in other activities pursuant to paragraph (c)(1)(ii) of this notice of vacancies, the requesting designed by the station employment section, which should be separately organization must provide the station unit reasonably calculated to further the identified), identified by name, address, employment unit with its name, mailing goal of disseminating information as to contact person and telephone number; (iii) Dated copies of all address, e-mail address (if applicable), employment opportunities in advertisements, bulletins, letters, faxes, telephone number, and contact person, broadcasting to job candidates who and identify the category or categories of might otherwise be unaware of such e-mails, or other communications vacancies of which it requests notice. opportunities. announcing vacancies; (iv) Documentation necessary to (An organization may request notice of (3) Analyze its recruitment program demonstrate performance of the all vacancies). on an ongoing basis to ensure that it is initiatives required by paragraph (c)(2) (2) Engage in at least four (if the effective in achieving broad outreach to of this section, if applicable, including station employment unit has more than potential applicants, and address any sufficient information to fully disclose ten full-time employees) or two (if it has problems found as a result of its the nature of the initiative and the scope five to ten full-time employees) of the analysis. of the station’s participation, including following initiatives during each two- (4) Periodically analyze measures taken to: the station personnel involved; year period preceding the filing of a (v) The total number of interviewees Statement of Compliance pursuant to (i) Disseminate the station’s equal employment opportunity program to job for each vacancy and the referral source subsection (g) hereof: for each interviewee; and (i) Participation in at least four job applicants and employees; (ii) Review seniority practices to (vi) The date each vacancy was filled fairs by station personnel who have ensure that such practices are and the recruitment source that referred substantial responsibility in the making nondiscriminatory; the hiree. of hiring decisions; (iii) Examine rates of pay and fringe (6) Annually, on the anniversary of (ii) Hosting of at least one job fair; benefits for employees having the same the date a station is due to file its (iii) Co-sponsoring at least one job fair duties, and eliminate any inequities renewal application, the station shall with organizations in the business and based upon race, national origin, color, place in its public file, maintained professional community whose religion, or sex discrimination; pursuant to § 73.3526 or § 73.3527, and membership includes substantial (iv) Utilize media for recruitment on its web site, if it has one, an EEO participation of women and minorities; purposes in a manner that will contain public file report containing the (iv) Participation in at least four no indication, either explicit or implicit, following information: events sponsored by organizations of a preference for one race, national (i) A list of all full-time vacancies representing groups present in the origin, color, religion or sex over filled by the station’s employment unit community interested in broadcast another; during the preceding year, identified by employment issues, including (v) Ensure that promotions to job title; conventions, career days, workshops, positions of greater responsibility are (ii) For each such vacancy, the and similar activities; made in a nondiscriminatory manner; recruitment source(s) utilized to fill the (v) Establishment of an internship (vi) Where union agreements exist, vacancy (including, if applicable, program designed to assist members of cooperate with the union or unions in organizations entitled to notification
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(v) Establishment of an internship (4) Documentation necessary to election which shall also be placed in program designed to assist members of demonstrate performance of the the public inspection file maintained the community in acquiring skills initiatives required by paragraph (b)(2) pursuant to § 76.1702. An employment needed for cable employment; of this section, if applicable, including unit may change its election annually at (vi) Participation in job banks, information sufficient to fully disclose the time of the filing of the FCC Form internet programs, and other programs the nature of the initiative and the scope 395–A or FCC Form 395–M. If the designed to promote outreach generally of the unit’s participation, including the employment unit wishes to change its (i.e., that are not primarily directed to unit personnel involved; election, it shall so state in its FCC Form providing notification of specific job (5) The total number of interviewees 395–A or FCC Form 395–M. A cable vacancies); for each vacancy and the referral employment unit may also change its (vii) Participation in a scholarship sources for each interviewee; and election at the time of a substantial program designed to assist students (6) The date each vacancy was filled change in its ownership by placing a interested in pursuing a career in cable and the recruitment source that referred statement of its new election in the communications; the hiree. public inspection file. (viii) Establishment of training * * * * * (i) Analyze on an ongoing basis its programs designed to enable unit (f) A cable entity may elect not to efforts to recruit, hire, promote and use personnel to acquire skills that could utilize the provisions of paragraphs services without discrimination on the qualify them for higher level positions; (b)(1)(ii) (notification to requesting basis of race, national origin, color, religion, age, or sex and explain any (ix) Establishment of a mentoring community groups) and (b)(2) (menu difficulties encountered in program for unit personnel; options) hereof, provided that it implementing its equal employment (x) Participation in at least two events complies with the following alternative opportunity program. For example, this or programs sponsored by educational recruitment requirements: institutions relating to career requirement may be met by: (1) The employment unit shall (1) Where union agreements exist, opportunities in cable communications; maintain records as required by cooperating with the union or unions in (xi) Sponsorship of at least one event paragraph (c)(1) through (c)(3) of this the development of programs to assure in the community designed to inform section, and shall maintain, in lieu of all persons equal opportunity for and educate members of the public as to the records required by paragraph (c)(4) employment, and including an effective employment opportunities in cable through (c)(6) of this section, data nondiscrimination clause in new or communications; reflecting the recruitment source, renegotiated union agreements; (xii) Listing of each upper-level gender, and racial and/or ethnic status (2) Reviewing seniority practices to category opening in a job bank or of applicants for each full-time job ensure that such practices are newsletter of media trade groups whose vacancy filled by the employment unit; nondiscriminatory; membership includes substantial (2) The employment unit shall place (3) Examining rates of pay and fringe participation of women and minorities; annually in its public file maintained benefits for employees having the same and pursuant to § 76.1702 the information duties, and eliminating any inequities (xiii) Participation in other activities specified in § 76.1702(b)(1) and (2) and, based upon race, national origin, color, reasonably calculated by the unit to in lieu of the information required by religion, age, or sex discrimination; further the goal of disseminating § 76.1702(b)(3) through (5), data (4) Evaluating the recruitment information as to employment reflecting, for each recruitment source program to ensure that it is effective in opportunities in cable communications utilized for any full-time vacancy during achieving a broad outreach to potential to job candidates who might otherwise the preceding year, the total number of applicants. be unaware of such opportunities. applicants generated by that source, the (5) Utilizing media for recruitment (c) Retain records sufficient to number of applicants who were female, purposes in a manner that will contain document that it has satisfied the and the number of applicants who were no indication, either explicit or implicit, requirements of paragraphs (b)(1) and minority, identified by the applicable of a preference for one race, national (b)(2) of this section. Such records, racial and/or ethnic group with which origin, color, religion, age, or sex over which may be maintained in an each applicant is associated. another; and electronic format, shall be retained for a (3) Cable employment units electing (6) Avoiding the use of selection period of seven years. Such records to proceed under this paragraph shall techniques or tests that have the effect need not be submitted to the otherwise comply with the requirements of discriminating against qualified Commission unless specifically specified in paragraph (b) of this minority groups or women. requested. The following records shall section. (j) Cable entities shall substantially be maintained: (g) A cable entity shall analyze its comply with paragraph (b)(1)(i) of this (1) Listings of all full-time job recruitment program on an ongoing section in connection with hires for vacancies filled by the cable basis to ensure that it is effective in part-time positions. The remaining employment unit, identified by job title; achieving broad outreach, and address provisions of this section are not (2) For each such vacancy, the any problems found as a result of its otherwise applicable to hires for part- recruitment sources utilized to fill the analysis. time positions but are applicable only to vacancy (including, if applicable, (h) Within forty-five days of the full-time positions, defined as requiring organizations entitled to notification effective date of this paragraph (h) each a regular work schedule of 30 or more pursuant to paragraph (b)(1)(ii) of this cable employment unit with six or more hours per week. section, which should be separately fulltime employees shall elect whether (k) The provisions of paragraphs identified), identified by name, address, it wishes to utilize the recruitment (b)(1)(ii), (b)(2), (c), (f) and (g) of this contact person, and telephone number; procedures specified in paragraph (b) of section shall not apply to cable (3) Dated copies of all advertisements, this section or the alternate recruitment employment units that have fewer than bulletins, letters, faxes, e-mails, or other procedures specified in paragraph (f) of six full-time employees. communications announcing job this section and shall file with the 9. Section 76.77 is amended by vacancies; Commission a statement indicating the revising paragraphs (a), (b), and (c), and
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FEDERAL COMMUNICATIONS Commission extends the one-year List of Subjects in 47 CFR Part 1 COMMISSION period. The Commission may extend the Practice and procedure. initial one-year period by an additional 47 CFR Part 1 90 days if it finds that an extension is Federal Communications Commission. Magalie Roman Salas, [FCC 00±6] necessary to meet the requirements of section 10(a) of the Act. 47 U.S.C. Secretary. Separate Pleadings for Petitions for 160(c). Rule Change Forbearance 2. The Commission has received numerous forbearance requests under Part 1 of Title 47 of the Code of AGENCY: Federal Communications section 10(c). Many of these forbearance Federal Regulations is amended as Commission. requests have been combined with other follows: ACTION: Final rule. requests for Commission action and have not been identified as section 10(c) PART 1ÐPRACTICE AND SUMMARY: This document amends the forbearance petitions in the captions for PROCEDURE Commission’s rules to require that any such pleadings. As a result, it appears petition for forbearance submitted under 1. The authority citation for part 1 that a significant number of these section 10(c) of the Communications continues to read as follows: requests may not have been readily Act, as amended (Act), 47 U.S.C. 160(c), identifiable by the Commission staff and Authority: 47 U.S.C. 151, 154(i), 154(j), be filed as a separate pleading and be interested parties as section 10(c) 155, 225, 303(r), 309. captioned as a petition for forbearance forbearance petitions. Indeed, it has 2. Section 1.53 is added to read as under section 10(c). Adoption of this sometimes been unclear whether parties follows: rule will help ensure that the expected that a reference to section 10 Commission and all interested parties § 1.53 Separate pleadings for petitions for forbearance would be treated as a have the opportunity to consider fully forbearance. section 10(c) petition, e.g.,when section the issues raised in petitions for 10 is raised as an alternative to the In order to be considered as a petition forbearance within the statutory period party’s primary request. Given the for forbearance subject to the one-year for Commission consideration of such statutory deadline for Commission deadline set forth in 47 U.S.C. 160(c), petitions. action on section 10(c) forbearance any petition requesting that the DATES: Effective March 16, 2000. petitions, the Commission is concerned Commission exercise its forbearance FOR FURTHER INFORMATION CONTACT: that the Commission and interested authority under 47 U.S.C. 160 shall be Joanne F. Wall, Office of General parties may not have sufficient filed as a separate pleading and shall be Counsel, (202) 418–1720. opportunity to consider these requests identified in the caption of such pleading as a petition for forbearance SUPPLEMENTARY INFORMATION: in a timely manner if they are not under 47 U.S.C. 160(c). Any request 1. Under section 10(a) of the Act, the clearly identifiable as section 10(c) which is not in compliance with this Commission is required to forbear from forbearance petitions. Section 10(c) rule is deemed not to constitute a applying any regulation or provision of forbearance requests raise important petition pursuant to 47 U.S.C. 160(c), the Act to a telecommunications carrier issues involving regulatory flexibility and is not subject to the deadline set or service, or class of and competitive market conditions. forth therein. telecommunications carriers or services, Thus, the Commission adopts § 1.53 of if it determines that: (1) Enforcement of the rules to require that section 10(c) [FR Doc. 00–3430 Filed 2–14–00; 8:45 am] such regulation or provision is not forbearance petitions be filed as separate BILLING CODE 6712±01±P necessary to ensure that the charges, pleadings, clearly identified in the practices, classifications, or regulations caption as a petition for forbearance by, for, or in connection with that filed under section 10(c) of the Act. Any DEPARTMENT OF COMMERCE telecommunications carrier or request for forbearance that is not filed telecommunications service are just and as a separate pleading and is not clearly National Oceanic and Atmospheric reasonable and are not unjustly or identified as a section 10(c) petition for Administration unreasonably discriminatory; (2) forbearance in the caption will not be enforcement of such regulation or deemed a section 10(c) petition and thus 50 CFR Part 648 provision is not necessary for the will not trigger the statutory deadline. [Docket No. 990713189±9335±02; I.D. protection of consumers; and (3) 47 U.S.C. 160(c). 060899B] forbearance from applying such 3. Accordingly, pursuant to sections provision or regulation is consistent 4(i), 4(j), 10, and 303(r) of the RIN 0648±AK79 Communications Act of 1934, as with the public interest. 47 U.S.C. Fisheries of the Northeastern United amended, 47 U.S.C. 154(i), 154(j), 160 160(a). Under section 10(c) of the Act, States; Spiny Dogfish Fishery and 303(r), § 1.53 of the rules and any telecommunications carrier, or class Management Plan of telecommunications carriers, may regulations of the Federal submit a petition to the Commission Communications Commission, 47 CFR AGENCY: National Marine Fisheries requesting that it exercise its 1.53, is adopted as set forth, to be Service (NMFS), National Oceanic and forbearance authority under section 10 effective March 16, 2000. The Order was Atmospheric Administration (NOAA), with respect to that carrier or carriers, adopted on January 6, 2000 by the Commerce. or any service offered by that carrier or Commission and released on January 19, ACTION: Final rule; delay of carriers. Petitions for forbearance are 2000. effectiveness. deemed granted if the Commission does 4. Because the rule herein is a rule of not deny the petition for failure to meet agency procedure and practice, it may SUMMARY: NMFS delays the effective the requirements for forbearance under be adopted without affording prior date of a final rule published January section 10(a) within one year after notice and opportunity for public 11, 2000, from February 10, 2000, until receiving the petition, unless the comment. See 5 U.S.C. 553(b)(3)(A). March 15, 2000. The final rule will
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Proposed Rules Federal Register Vol. 65, No. 31
Tuesday, February 15, 2000
This section of the FEDERAL REGISTER business hours and posted on the pay a license fee of $600. The contains notices to the public of the proposed internet at www.ams.usda.gov/fv/ parameters for a very small business to issuance of rules and regulations. The paca.htm. qualify for the $600 license fee will be purpose of these notices is to give interested SUPPLEMENTARY INFORMATION: This further addressed when we discuss the persons an opportunity to participate in the effects that this proposed rule would rule making prior to the adoption of the final proposal is issued under authority of rules. section 15 of the PACA (7 U.S.C. 499o). have on small businesses. In addition, The Perishable Agricultural AMS would also raise the informal Commodities Act (PACA or Act) reparation complaint filing fee from $60 DEPARTMENT OF AGRICULTURE establishes a code of fair trade practices to $100. AMS would amend § 46.46 of covering the marketing of fresh and the PACA Regulations and § 47.3 of the Agricultural Marketing Service frozen fruits and vegetables in interstate PACA Rules of Practice to reflect the and foreign commerce. The PACA proposed changes to the license and 7 CFR Parts 46 and 47 protects growers, shippers, distributors, reparation complaint filing fees. In addition, the language in § 46.46 of the [Docket No. FV99±362] and retailers dealing in those commodities by prohibiting unfair and regulations regarding the phase-out of RIN #0581±AB76 fraudulent trade practices. In this way, retailers and grocery wholesalers from the law fosters an efficient nationwide paying license fees would be deleted, Perishable Agricultural Commodities distribution system for fresh and frozen since the 3-year phase-out mandated by Act: Increase in License and Complaint fruits and vegetables, benefiting the the 1995 Amendments has been Filing Fees whole marketing chain from farmer to concluded. Additionally, a number of definitions consumer. USDA’s Agricultural AGENCY: Agricultural Marketing Service, would be amended in the regulations. Marketing Service (AMS) administers USDA. Due to the reorganization of AMS, a and enforces the PACA. ACTION: Proposed rule. The PACA Amendments of 1995 definition of the ‘‘Fruit and Vegetable (1995 Amendments) 1 increased the Programs’’ would be substituted for the SUMMARY: The Department of definition of ‘‘Division,’’ a definition of annual license fee from $400 to $550 Agriculture (USDA) is proposing to ‘‘Associate Administrator’’ would be (up to a maximum fee of $4000) for all amend the regulations under the substituted for the definition of ‘‘Deputy licensees except retailers and grocery Perishable Agricultural Commodities Administrator,’’ and a definition of wholesalers, who were phased out of Act (PACA or Act) and the PACA Rules ‘‘Deputy Administrator’’ would be paying license fees over a 3-year period of Practice (other than formal substituted for the definition of that concluded on November 14, 1998. disciplinary proceedings) to increase ‘‘Director.’’ Additionally, the words Retailers account for approximately 30 license and complaint filing fees. ‘‘Program’’ and ‘‘Deputy Administrator’’ percent of all PACA licensees, and Specifically, the proposed revisions would be substituted for ‘‘Division’’ and provided about 35 percent of the would increase the current annual ‘‘Director’’ respectively, wherever they license fee of $550 to $600 for very program’s revenue prior to being phased appear in part 46. small businesses and would increase the out of the license fee requirement. license fee from $550 to $850 for all The 1995 Amendments grant USDA Executive Orders 12866 and 12988 other licensees. Informal complaint the authority to increase fees through This proposed rule, issued under the filing fees would be increased from $60 rulemaking after November 14, 1998, Perishable Agricultural Commodities to $100. This notice also announces provided that the PACA program’s Act (7 U.S.C. 499 et seq.), as amended, USDA’s intention to request an operating reserves fall below 25 percent has been determined to be not extension for and revision to a currently of the projected annual program costs. significant for the purposes of Executive approved information collection for the Because of the loss of revenue from Order 12866, and therefore, has not Reporting and Recordkeeping retailers and grocery wholesalers over been reviewed by the Office of Requirements under Regulations (Other the past four years, PACA program Management and Budget (OMB). Than Rules of Practice) under the budget projections for fiscal years 2000 This proposed rule has been reviewed PACA. and 2001 show that the program’s assets under Executive Order 12988, Civil will fall below the required 25 percent Justice Reform and is not intended to DATES: Comments must be received by of projected expenditures in fiscal year have retroactive effect. This proposed April 17, 2000. 2001. Without a fee increase, the rule will not preempt any State or local ADDITIONAL INFORMATION CONTACT: program will exhaust its reserves by the laws, regulations, or policies, unless Charles W. Parrott, Acting Chief, PACA end of Fiscal Year 2003, and would they present an irreconcilable conflict Branch, Fruit and Vegetable Programs, soon need to begin reducing its level of with this rule. There are no AMS, USDA, Room 2095–So. Bldg., PO services to the industry. Therefore, administrative procedures which must Box 96456, Washington, DC 20090– USDA is proposing an increase in the be exhausted prior to any judicial 6456, phone (202) 720–2272. Email— PACA license fee from $550 to $850. challenge to the provisions of this rule. [email protected]. All comments Branch fees would remain at $200 per should reference the docket number and branch, but the maximum fee would Effects on Small Businesses the date and page number of this issue increase from $4,000 to $6,000. Pursuant to requirements set forth in in the Federal Register and will be However, very small businesses would the Regulatory Flexibility Act (RFA) (5 made available for public inspection in U.S.C. 601 et seq.), AMS has considered the PACA Branch during regular 1 P.L. 104–48, 109 Stat. 427(1995) the economic impact of this proposed
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Balance License & End of year Year start of complaint Investment Total Projected fiscal year fee revenue revenue revenue costs Reserve Percent
2001 ...... 3,642,000 9,101,000 269,000 13,012,000 9,009,000 4,003,000 44 2002 ...... 4,003,000 9,101,000 450,000 13,554,000 9,153,000 4,401,000 46 2003 ...... 4,401,000 9,101,000 450,000 13,952,000 9,489,000 4,462,000 45 2004 ...... 4,462,000 9,101,000 415,000 13,978,000 9,816,000 4,162,000 41 2005 ...... 4,162,000 9,101,000 381,000 13,645,000 10,128,000 3,516,000 34 2006 ...... 3,516,000 9,101,000 346,000 12,963,000 10,351,000 2,612,000 25
USDA officials have discussed this percent for fiscal year 2001, or about with the Internal Revenue Service. issue with representatives from $1.75 million above the level needed to Because very small businesses have numerous trade associations, most of achieve a reserve of 25 percent. With limited financial resources, USDA whom expressed a preference for a this revenue, AMS expects that the believes that such a fee structure is more single, significant fee increase, rather PACA program should have adequate equitable for those firms and should than a series of smaller increases financing through fiscal year 2006 when increase the likelihood the firms would implemented over several years to the reserve is again projected to fall voluntarily comply with the PACA maintain the 25 percent reserve balance. below 25 percent. In order to moderate licensing requirements. Taking that into account, USDA is the financial burden for small Although license fees account for the proposing an increase in the PACA businesses, AMS is also proposing that majority of PACA’s funding, the license fee from $550 to $850. Branch very small businesses with gross sales of program also collects about 3.5 percent fees would remain at $200 per branch, less than $1 million per year pay a of its revenue from fees charged to firms but the maximum fee would increase license fee of $600, a modest increase of that submit disputes to the PACA from $4,000 to $6,000. The proposed $50 from the current $550 license fee. In branch for resolution. Under section fees would result in total collections of order to qualify for the $600 license fee, 6(a)(2) of the Act, the Secretary may $9.1 million with a projected end-of- AMS may require that a firm submit a alter the complaint filing and handling year reserve of approximately 44 copy of its last income tax return filed fees by rulemaking. In order to help
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§ 46.2 Definitions. PART 47Ð[AMENDED] Airplane Directorate, ANM–114, * * * * * Attention: Rules Docket No. 99–NM– (e) Associate Administrator means the 1. The authority citation for part 47 is 343–AD, 1601 Lind Avenue, SW., Associate Administrator of the Service, revised to read as follows: Renton, Washington 98055–4056. or any officer or employee of the Service Authority: 7 U.S.C. 499o; 7 CFR Comments may be inspected at this to whom authority has heretofore 2.22(a)(1)(viii)(L), 2.79(a)(8)(xiii). location between 9 a.m. and 3 p.m., lawfully been delegated, or to whom 2. In § 47.3, paragraph (a)(4) is revised Monday through Friday, except Federal authority may hereafter lawfully be to read as follows: holidays. delegated, to act in his or her stead. The service information referenced in (f) Fruit and Vegetable Programs § 47.3 Institution of proceedings. the proposed rule may be obtained from means the Fruit and Vegetable Programs (a) * * * Airbus Industrie, 1 Rond Point Maurice of the Service. (4) The informal complaint shall be Bellonte, 31707 Blagnac Cedex, France. (g) Deputy Administrator means the accompanied by a filing fee of $100 as This information may be examined at Deputy Administrator of the Fruit and authorized by the Act. the FAA, Transport Airplane Vegetable Programs or any officer or * * * * * Directorate, 1601 Lind Avenue, SW., Renton, Washington. employee of the Fruit and Vegetable Dated: February 9, 2000. FOR FURTHER INFORMATION CONTACT: Programs to whom authority has Robert C. Keeney, heretofore lawfully been delegated, or to Norman B. Martenson, Manager, Deputy Administrator, Fruit and Vegetable International Branch, ANM–116, FAA, whom authority may hereafter lawfully Programs. be delegated by the Deputy Transport Airplane Directorate, 1601 [FR Doc. 00–3424 Filed 2–14–00; 8:45 am] Administrator, to act in his stead. Lind Avenue, SW., Renton, Washington BILLING CODE 3410±02±P 98055–4056; telephone (425) 227–2110; * * * * * fax (425) 227–1149. 3. Section 46.6 is revised to read as SUPPLEMENTARY INFORMATION: follows: DEPARTMENT OF TRANSPORTATION Comments Invited § 46.6 License fees. Federal Aviation Administration (a) Retailers and grocery wholesalers Interested persons are invited to participate in the making of the making an initial application for license 14 CFR Part 39 shall pay a $100 administrative proposed rule by submitting such processing fee. [Docket No. 99±NM±343±AD] written data, views, or arguments as they may desire. Communications shall (b) Commission merchants, brokers, RIN 2120±AA64 and dealers (other than grocery identify the Rules Docket number and be submitted in triplicate to the address wholesalers and retailers), provided that Airworthiness Directives; Airbus Model specified above. All communications they do not meet specific criteria of a A319, A320, and A321 Series Airplanes received on or before the closing date very small business as set forth in for comments, specified above, will be paragraph (c) of this section, shall pay AGENCY: Federal Aviation considered before taking action on the an annual license fee of $850 plus $200 Administration, DOT. proposed rule. The proposals contained for each branch or additional business ACTION: Notice of proposed rulemaking in this notice may be changed in light facility in excess of nine. In no case (NPRM). of the comments received. shall the aggregate annual fees paid by Comments are specifically invited on any such applicant exceed $6,000. SUMMARY: This document proposes the adoption of a new airworthiness the overall regulatory, economic, (c) To qualify as a very small business environmental, and energy aspects of and pay a license fee of $600, the directive (AD) that is applicable to certain Airbus Model A319, A320, and the proposed rule. All comments business must have had gross sales of submitted will be available, both before $1,000,000 in the immediate preceding A321 series airplanes. This proposal would require repetitive inspections of and after the closing date for comments, calendar year. Any applicant may be in the Rules Docket for examination by required to provide a copy of its most the sliding tube subassembly on the main landing gear (MLG) to detect interested persons. A report recent income tax return filed with the summarizing each FAA-public contact Internal Revenue Service as verification cracks, and replacement of a cracked subassembly with a new subassembly. concerned with the substance of this that its gross sales are less than proposal will be filed in the Rules $1,000,000. In no case shall the This proposal also would eventually require a more extensive, one-time Docket. aggregate annual fees paid by any such Commenters wishing the FAA to applicant exceed $6,000. inspection of the same area and corrective actions, if necessary; which acknowledge receipt of their comments 4. Part 46 is amended by removing the submitted in response to this notice word ‘‘Deputy Administrator’’ and would terminate the repetitive inspections. This proposal is prompted must submit a self-addressed, stamped adding in its place the words ‘‘Associate postcard on which the following Administrator’’, everywhere they by issuance of mandatory continuing airworthiness information by a foreign statement is made: ‘‘Comments to appear. Docket Number 99–NM–343–AD.’’ The 5. Part 46 is amended by removing the civil airworthiness authority. The actions specified by the proposed AD postcard will be date stamped and word ‘‘Division’’ and adding in its place returned to the commenter. the words ‘‘Fruit and Vegetable are intended to prevent cracking of the Programs’’, everywhere they appear. MLG sliding tube subassembly, which Availability of NPRMs 6. Part 46 is amended by removing the could result in collapse of the MLG. Any person may obtain a copy of this words ‘‘Director’’ and ‘‘Director’s’’, and DATES: Comments must be received by NPRM by submitting a request to the adding in their place the words ‘‘Deputy March 16, 2000. FAA, Transport Airplane Directorate, Administrator’’ and ‘‘Deputy ADDRESSES: Submit comments in ANM–114, Attention: Rules Docket No. Administrator’s’’ respectively, triplicate to the Federal Aviation 99–NM–343–AD, 1601 Lind Avenue, everywhere they appear. Administration (FAA), Transport SW., Renton, Washington 98055–4056.
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Discussion certificated for operation in the United removed, (2) the MLG sliding tubes have ´ ´ The Direction Generale de l’Aviation States under the provisions of § 21.29 of never received an NDT (NDT2) Civile (DGAC), which is the the Federal Aviation Regulations (14 inspection, and (3) the MLG sliding airworthiness authority for France, CFR 21.29) and the applicable bilateral tubes have received an NDT (NDT2) notified the FAA that an unsafe airworthiness agreement. Pursuant to inspection with the attaching hardware this bilateral airworthiness agreement, and bushing removed from the sliding condition may exist on certain Airbus the DGAC has kept the FAA informed tube. Because these conditions may not Model A319, A320, and A321 series of the situation described above. The be easily determined, the applicability airplanes. The DGAC advises that, FAA has examined the findings of the of this proposed AD would be limited during a scheduled inspection of the DGAC, reviewed all available to airplanes on which Airbus Service main landing gear (MLG) on one information, and determined that AD Bulletin A320–32–1189 has not been airplane, two cracks were found in the action is necessary for products of this accomplished. base of the sliding tube. The cracks type design that are certificated for originated from the bore of the jacking Cost Impact operation in the United States. dome bushing. The DGAC advises that The FAA estimates that 179 airplanes a nondestructive test inspection may Explanation of Requirements of of U.S. registry would be affected by this have been improperly performed Proposed Rule proposed AD. causing local overheating between the Since an unsafe condition has been It would take approximately 1 work jacking dome bushing and the sliding identified that is likely to exist or hour per airplane to accomplish the tube bore. This overheating increases develop on other airplanes of the same proposed ‘‘Part A’’ (repetitive) the possibility of crack initiation. This type design registered in the United inspection, at an average labor rate of condition, if not corrected, could result States, the proposed AD would require $60 per work hour. Based on these in collapse of the MLG. accomplishment of the actions specified figures, the cost impact of the Part A Explanation of Relevant Service in the Airbus service bulletins described inspection proposed by this AD on U.S. Information previously, except as discussed below. operators is estimated to be $10,740, or Differences Between NPRM and Service $60 per airplane, per inspection cycle. Airbus has issued Service Bulletin It would take approximately 6 work Bulletin/French Airworthiness A320–32–1189, dated December 23, hours per airplane to accomplish the Directive 1998, which describes procedures for proposed ‘‘Part B’’ (one-time) visual inspections of the MLG sliding The proposed compliance times and inspection, at an average labor rate of tube subassembly for cracks, and repetitive intervals (stated in flight $60 per work hour. Based on these corrective action, if necessary. Two hours) differ from those recommended figures, the cost impact of the Part B separate inspections are described. The by the manufacturer’s service bulletin inspection proposed by this AD on U.S. service bulletin describes procedures for (stated to coincide with operators’ ‘‘A’’ operators is estimated to be $64,440, or repetitive visual inspections of the and ‘‘C’’ checks). However, because $360 per airplane. sliding tube subassembly around the regularly scheduled maintenance The cost impact figures discussed area between the jacking dome bushing intervals such as ‘‘A’’ checks and ‘‘C’’ above are based on assumptions that no and the high pressure inflation valve, checks may vary from operator to operator has yet accomplished any of and between the jacking dome bushing operator, there would be no assurance the proposed requirements of this AD and the hole for the lower electrical that the inspections would be action, and that no operator would harness assembly; and procedures for accomplished during the maximum accomplish those actions in the future if replacing a cracked sliding tube intervals proposed by this AD designed this AD were not adopted. subassembly with a new subassembly. to maintain an adequate level of safety The service bulletin also describes within the fleet. The compliance times Regulatory Impact procedures for removal of the jacking in the proposed AD and the French The regulations proposed herein dome, bushing, and harness supports, airworthiness directive agree. would not have a substantial direct and a one-time visual inspection to In addition, operators should note effect on the States, on the relationship detect cracking of the sliding tube that, although the service bulletin between the national Government and subassembly in the area where the specifies that the manufacturer may be the States, or on the distribution of jacking dome bushing was removed. contacted for disposition of certain power and responsibilities among the Airbus has also revised the Aircraft repair conditions, this proposal would various levels of government. Therefore, Maintenance Manual to include require the repair of those conditions to it is determined that this proposal cautions during accomplishment of the be accomplished in accordance with a would not have federalism implications MLG nondestructive test inspection. method approved by either the FAA or under Executive Order 13132. Accomplishment of the actions the DGAC (or its delegated agent). In For the reasons discussed above, I specified in the service bulletin is light of the type of repair that would be certify that this proposed regulation (1) intended to adequately address the required to address the identified unsafe is not a ‘‘significant regulatory action’’ identified unsafe condition. The DGAC condition, and in consonance with under Executive Order 12866; (2) is not classified the Airbus service bulletin as existing bilateral airworthiness a ‘‘significant rule’’ under the DOT mandatory and issued French agreements, the FAA has determined Regulatory Policies and Procedures (44 airworthiness directive 1999–358– that, for this proposed AD, a repair FR 11034, February 26, 1979); and (3) if 137(B) R1, dated October 20, 1999, in approved by either the FAA or the promulgated, will not have a significant order to ensure the continued DGAC would be acceptable for economic impact, positive or negative, airworthiness of these airplanes in compliance with this proposed AD. on a substantial number of small entities France. Further, the applicability of this under the criteria of the Regulatory proposed AD differs from that of the Flexibility Act. A copy of the draft FAA’s Conclusions French airworthiness directive, which regulatory evaluation prepared for this These airplane models are excludes airplanes on which (1) the action is contained in the Rules Docket. manufactured in France and are type MLG sliding tubes have never been A copy of it may be obtained by
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SUMMARY: The Board of Veterans’ subpoena motions to be filed with VA Consistent with the Board of Contract Appeals (Board) adjudicates appeals facility Directors were not removed. Appeals’ practice, see 38 CFR from denials of claims for veterans’ Local filing may not allow a motion to 1.783(u)(4), the motion may now be benefits filed with the Department of reach the Board early enough to permit brought by either party. Other revisions Veterans Affairs (VA). This document timely issuance of a subpoena. VA in this part of the Rule include new proposes to amend the Board’s Rules of proposes removing the provision for provisions requiring notice of motions Practice to clarify certain procedures local filing. to quash or modify and permitting relating to subpoenas. Ruling on the Motion evidence to be submitted in such DATES: Comments must be received on proceedings. or before April 17, 2000. VA proposes amending Rules 711(e) and 711(h) to provide that the issue of Compliance ADDRESSES: Mail or hand-deliver the costs of producing documents written comments to: Director, Office of Proposed new paragraph (i) describes pursuant to a subpoena will be a matter Regulations Management (02D), the method used to secure enforcement for a motion to quash or amend, rather Department of Veterans Affairs, 810 of the BVA’s subpoenas. than a potential condition of issuing the Vermont Ave., NW, Room 1154, The Secretary hereby certifies that subpoena. Washington, DC 20420. Comments this final rule will not have a significant Rule 711(e) now permits a Member of economic impact on a substantial should indicate that they are submitted the Board to condition issuance of a in response to ‘‘RIN 2900–AJ58.’’ All number of small entities as they are subpoena seeking the production of defined in the Regulatory Flexibility written comments will be available for tangible evidence (subpoena duces public inspection at the above address Act, 5 U.S.C. 601–612. This rule will tecum) upon the moving party’s affect VA beneficiaries and will not in the Office of Regulations advancement of the reasonable cost of Management, Room 1158, between the affect small businesses. Therefore, producing the evidence. Setting a pursuant to 5 U.S.C. 605(b), this final hours of 8 a.m. and 4:30 p.m., Monday requirement for paying costs before through Friday (except holidays). rule is exempt from the initial and final there is any demand for reimbursement regulatory flexibility analyses FOR FURTHER INFORMATION CONTACT: or evidence upon which reasonable requirement of sections 603 and 604. Steven L. Keller, Chief Counsel, Board costs may be determined is often of Veterans’ Appeals (0C1), Department premature. Accordingly, this provision List of Subjects in 38 CFR Part 20 of Veterans Affairs, 810 Vermont would be moved to Rule 711(h), relating Administrative practice and Avenue, NW, Washington, DC 20420 to motions to quash or modify a procedure, Claims, Lawyers, Legal (202–565–5978). subpoena. This will provide a services, Veterans. SUPPLEMENTARY INFORMATION: VA has mechanism for getting actual cost Approved: February 3, 2000. the authority to issue subpoenas to disputes and related evidence before the Togo D. West, Jr., compel the attendance of witnesses and/ Board. This procedure is similar to the or the production of evidence. 38 U.S.C. practice of VA’s Board of Contract Secretary of Veterans Affairs. 5711 (authority of Secretary). This Appeals. See 38 CFR 1.783(u)(4). In For the reasons set out in the authority has been delegated to addition, Rule 711(e) would specify the preamble, 38 CFR part 20 is proposed to Members of the Board through Rule of forms to be used for issuing the be amended as set forth below: Practice 711 (38 CFR 20.711), which subpoena, if the motion is granted. PART 20ÐBOARD OF VETERANS' also sets forth the relevant procedures, APPEALS: RULES OF PRACTICE and generally provides that subpoenas Service of the Subpoena will be issued pursuant to a motion filed VA proposes amending Rules 711(f) 1. The authority citation for part 20 with the Board, which is in turn and 711(g) to delete the reference to continues to read as follows: decided by a Board Member or panel of ‘‘the official issuing the subpoena,’’ Authority: 38 U.S.C. 501(a). Members. since, under the Board’s Rules of The changes in this document relate Practice, subpoenas are issued only by 2. Section 20.711 is amended by: to: (1) Where such a motion must be Members of the Board pursuant to a a. Revising paragraphs (c) and (e); filed; (2) ruling on the motion; (3) motion to the Board. b. Revising the second sentence of service of a subpoena; (4) motions to paragraph (f); Motions to Quash or Modify Subpoenas quash or modify subpoenas; and (5) c. Revising the first sentence of enforcing compliance with a subpoena. VA proposes amending Rule 711(h) to paragraph (g); provide that motions to quash or modify d. Revising paragraph (h); and Where the Motion Is Filed a subpoena may be brought by either e. Adding paragraph (i). Rule 711(c) would be amended to party, and to provide notice procedures The revisions and addition read as provide that motions for subpoenas and permit the submission of evidence follows: must be filed at the Board’s offices in in such cases. Washington, DC. Current Rule 711(h) does not provide § 20.711 Rule 711. Subpoenas. When originally issued in 1992, Rule an effective means of getting before the * * * * * 711 permitted the Chairman of the Board disputes between the person (c) Where filed. Motions for a Board and, under certain circumstances, subpoenaed and the person who subpoena must be filed with the Directors of VA field facilities to rule on initiated the subpoena where the person Director of the Administrative Service motions for subpoenas. See 38 CFR who initiated the subpoena is the (014), Board of Veterans’ Appeals, 810 20.711(e) (1992). The Rule was amended aggrieved party—for example, disputes Vermont Avenue, NW., Washington, DC in 1996 to transfer authority to rule on about unreasonable demands for 20420. subpoena motions to Members of the reimbursement for costs associated with * * * * * Board to comply with changes in 38 honoring a subpoena duces tecum. (e) Ruling on motion for subpoena— U.S.C. 7102. See 61 FR 20447 (1996). Current Rule 711(h) does provide for a (1) To whom assigned. The ruling on the However, corresponding provisions in motion to quash or modify a subpoena, motion will be made by the Member or paragraph (c) of the Rule allowing but only by the person served. panel of Members to whom the case is
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FEDERAL EMERGENCY DC 20472, (202) 646–3461, or (email) proposed or modified base flood MANAGEMENT AGENCY [email protected]. elevations are required by the Flood SUPPLEMENTARY INFORMATION: The Disaster Protection Act of 1973, 42 44 CFR Part 67 Federal Emergency Management Agency U.S.C. 4104, and are required to (FEMA or Agency) proposes to make establish and maintain community [Docket No. FEMA±7303] determinations of base flood elevations eligibility in the National Flood and modified base flood elevations for Insurance Program. As a result, a Proposed Flood Elevation regulatory flexibility analysis has not Determinations each community listed below, in accordance with section 110 of the been prepared. AGENCY: Federal Emergency Flood Disaster Protection Act of 1973, Regulatory Classification. This Management Agency, FEMA. 42 U.S.C. 4104, and 44 CFR 67.4(a). proposed rule is not a significant regulatory action under the criteria of ACTION: Proposed rule. These proposed base flood and modified base flood elevations, together section 3(f) of Executive Order 12866 of SUMMARY: Technical information or with the floodplain management criteria September 30, 1993, Regulatory comments are requested on the required by 44 CFR 60.3, are the Planning and Review, 58 FR 51735. proposed base (1% annual chance) flood minimum that are required. They Executive Order 12612, Federalism. elevations and proposed base flood should not be construed to mean that This proposed rule involves no policies elevation modifications for the the community must change any that have federalism implications under communities listed below. The base existing ordinances that are more Executive Order 12612, Federalism, flood elevations are the basis for the stringent in their floodplain dated October 26, 1987. floodplain management measures that management requirements. The Executive Order 12778, Civil Justice the community is required either to community may at any time enact Reform. This proposed rule meets the adopt or to show evidence of being stricter requirements of its own, or applicable standards of section 2(b)(2) of already in effect in order to qualify or pursuant to policies established by other Executive Order 12778. remain qualified for participation in the Federal, state or regional entities. These List of Subjects in 44 CFR Part 67 National Flood Insurance Program proposed elevations are used to meet (NFIP). the floodplain management Administrative practice and requirements of the NFIP and are also procedure, Flood insurance, Reporting DATES: The comment period is ninety and recordkeeping requirements. (90) days following the second used to calculate the appropriate flood insurance premium rates for new Accordingly, 44 CFR part 67 is publication of this proposed rule in a proposed to be amended as follows: newspaper of local circulation in each buildings built after these elevations are made final, and for the contents in these community. PART 67Ð[AMENDED] buildings. ADDRESSES: The proposed base flood National Environmental Policy Act. 1. The authority citation for part 67 elevations for each community are This proposed rule is categorically continues to read as follows: available for inspection at the office of excluded from the requirements of 44 Authority: 42 U.S.C. 4001 et seq.; the Chief Executive Officer of each CFR part 10, Environmental community. The respective addresses Reorganization Plan No. 3 of 1978, 3 CFR, Consideration. No environmental 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, are listed in the following table. impact assessment has been prepared. 3 CFR, 1979 Comp., p. 376. FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act. The Matthew B. Miller, P.E., Chief, Hazards Associate Director, Mitigation § 67.4 [Amended] Study Branch, Mitigation Directorate, Directorate, certifies that this proposed 2. The tables published under the Federal Emergency Management rule is exempt from the requirements of authority of § 67.4 are proposed to be Agency, 500 C Street SW., Washington, the Regulatory Flexibility Act because amended as follows:
# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Connecticut ...... Shelton (City), Fair- Farmill River ...... Approximately 250 feet upstream from *237 *236 field County. confluence of Means Brook. Approximately 140 feet upstream of *356 *355 Farmill Road. Maps available for inspection at the Shelton City Hall, 54 Hill Street, Shelton, Connecticut. Send comments to The Honorable Mark A. Lauretti, Mayor of the City of Shelton, 54 Hill Street, Shelton, Connecticut 06484.
Connecticut ...... Wallingford (Town), Quinnipiac River ...... Approximately 1,560 feet downstream of *22 *23 New Haven Toelles Road. County. Approximately 1.25 miles upstream of *69 *70 Oak Street. Maps available for inspection at the Town of Wallingford Department of Planning & Zoning, 45 South Main Street, Wallingford, Connecticut.
Delaware ...... New Castle County Unnamed Tributary to Mill Approximately 600 feet upstream of con- None *242 (Unincorporated Creek. fluence with Mill Creek. Areas). Approximately 870 feet upstream of None *281 Loblolly Court.
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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps available for inspection at the New Castle Government Center, 87 Reads Way, New Castle, Delaware. Send comments to Mr. Thomas Gordon, New Castle County Executive, New Castle County Government Center, 87 Reads Way, New Castle, Delaware 19720.
Georgia ...... Albany (City), Flint River ...... Approximately 800 feet downstream of *182 *183 Dougherty Coun- East Oakridge Drive. ty. Approximately 5.9 miles upstream of *200 *197 Lake Worth Dam. Maps available for inspection at the Dougherty County Planning & Development Services Department, 222 Pine Avenue, Albany, Georgia. Send comments to Mr. Phillip West, Dougherty County Planner I, Planning & Development Services, P.O. Box 447, Albany, Georgia 31702± 0447.
Georgia ...... Dougherty County Spring Flats Branch...... Approximately 120 feet downstream of None *182 (Unincorporated Georgia Highway 300 off-ramp. Areas). Approximately 50 feet upstream of None *223 Gaissert Road. Piney Woods Creek ...... Approximately 6,100 feet downstream of *200 *197 Cordele Road (U.S. 300). Approximately 4,100 feet upstream of None *238 South County Line Road. Flint River ...... Approximately 9.625 miles downstream of *177 *173 Oak Ridge Drive (at corporate limits). Approximately 10.55 miles upstream of *207 *204 Lakeworth Dam (at corporate limits). Dry Creek ...... Approximately 0.52 mile downstream of *177 *174 State Route 3. Approximately 1,000 feet downstream of *180 *179 U.S. Route 19. Tributary 1 to Dry Creek ... Approximately 0.53 mile downstream of None *229 Unnamed Farm Road. Approximately 1,600 feet downstream of None *231 Unnamed Farm Road. Tributary 4 to Flint River ... Approximately 1.34 mile downstream of *200 *197 State Highway 257 (Cordele Road). Approximately 650 feet downstream of *200 *199 State Highway 257 (Cordele Road). Maps available for inspection at the Dougherty County Planning & Development Services Department, 222 Pine Avenue, Albany, Georgia. Send comments to Mr. Phillip West, Dougherty County Planner I, Planning & Development Services, P.O. Box 447, Albany, Georgia 31702± 0447.
Illinois ...... Evanston (City), Lake Michigan ...... Entire shoreline affecting community ...... None *585 Cook County. Maps available for inspection at the City of Evanston's Engineer's Office, 2100 Ridge Avenue, Evanston, Illinois. Send comments to The Honorable Lorraine Morton, Mayor of the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201.
Illinois ...... Franklin Park (Vil- Crystal Creek Tributary.... Approximately 85 feet downstream of None *643 lage), Cook Panoramic Drive. County. Approximately 480 feet upstream of None *645 Mannheim Road. Sexton Ditch...... Approximately 1,450 feet upstream of None *643 confluence with Crystal Creek Tributary. Approximately 1,830 feet upstream of None *643 confluence with Crystal Creek Tributary. Des Plaines River ...... Just upstream of Belmont Avenue ...... *623 *627 Approximately 500 feet downstream of Ir- None *628 ving Park Road. Maps available for inspection at the Franklin Park Village President's Office, 9500 Belmont Avenue, Franklin Park, Illinois. Send comments to Mr. Daniel B. Pritchett, Village of Franklin Park President, 9500 Belmont Avenue, Franklin Park, Illinois 60131.
Illinois ...... Riverdale (Village), Little Calumet River ...... Approximately 600 feet upstream of the None *588 Cook County. confluence with Calumet Sag Channel.
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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps available for inspection at the Riverdale Village Hall, Office of Community and Economic Development, 157 West 144th Street, River- dale, Send comments to The Honorable Joseph Szabo, Mayor of the Village of Riverdale, 157 West 144th Street, Riverdale, Illinois 60827.
Indiana ...... Indianapolis (City), Derbyshire Creek...... Approximately 275 feet upstream of None *770 Marion County. Perrault Drive. Upstream Limit of Detailed Study at None *773 McFarland Road (approximately 325 feet north of intersection of East Banta Road and McFarland Road). O'Brian Ditch ...... Upstream side of 42nd Street ...... None *835 Approximately 1,150 feet upstream of None *853 Black Locust Drive. Maps available for inspection at the City-County Building, 200 East Washington Street, Room 2142, Indianapolis, Indiana. Send comments to Ms. Donna L. Price, City of Indianapolis Floodplain Manager, Department of Capital Asset Management, 200 East Wash- ington Street, City-County Building, Room 2501, Indianapolis, Indiana 46204±3354.
Indiana ...... New Albany (City), Fall Run ...... At confluence with Falling Run ...... *438 *443 Floyd County. At downstream side of Grant Line Road .. *442 *443 Falling Run ...... At Ohio River levee ...... *433 *438 At Janie Drive ...... *479 *474 Middle Creek ...... Approximately 150 feet downstream of None *448 State Route 111. Approximately 75 feet upstream of up- None *472 stream crossing of Southern Railway. Vincennes Run ...... At confluence with Middle Creek ...... None *448 Approximately 70 feet upstream of Eagle None *471 Lane. Maps available for inspection at the City of New Albany City-County Building, Board of Public Works, Room 317, 311 Hauss Square, New Al- bany, Indiana. Send comments to The Honorable Douglas B. England, Mayor of the City of New Albany, Room 316, City-County Building, 311 Hauss Square, New Albany, Indiana 47150±3586.
Massachusetts ...... Easton (Town), Gowards Brook ...... Approximately 1,300 feet downstream of *95 *94 Bristol County. Norton Avenue. Approximately 100 feet upstream of State *147 *141 Route 106. Maps available for inspection at the Town of Easton Planning & Zoning Department, 136 Elm Street, Easton, Massachusetts. Send comments to Mr. Kevin Paicos, Easton Town Administrator, 136 Elm Street, Easton, Massachusetts 02356.
Michigan ...... Blaine (Township), Lake Michigan ...... Entire shoreline within the community ...... None *585 Benzie County. Maps available for inspection at the Blaine Township Hall, Meeting Room, 4760 Herring Grove Road (White Owl Road), Arcadia, Michigan. Send comments to Mr. Donald Smeltzer, Blaine Township Supervisor, 3063 Herring, Arcadia, Michigan 49613±9606.
Michigan ...... DeTour (Township), Lake Huron ...... Entire shoreline within the community ...... None *584 Chippewa Coun- ty. Saint Marys River ...... Entire shoreline within the community ...... None *584 Maps available for inspection at the DeTour Township Office, 260 Superior Street, DeTour Village, Michigan. Send comments to Mr. Thomas E. Lehman, DeTour Township Supervisor, 18659 E-M134 #75, DeTour Village, Michigan 49725.
Michigan ...... Drummond Island Saint Marys River ...... Entire shoreline within the community ...... None *584 (Township), Chippewa Coun- ty. Maps available for inspection at the Drummond Island Township Hall, 110 Center Street, Drummond Island, Michigan. Send comments to Mr. Frank Sasso, Drummond Island Township Supervisor, 110 Center Street, Drummond Island, Michigan 4972.
Michigan ...... Garfield (Town- Lake Michigan ...... Entire shoreline within the community ...... None *585 ship), Mackinac County. Maps available for inspection at the Garfield Township Hall, Route 1, Krause Road, Engadine, Michigan. Send comments to Mr. Thomas King, Garfield Township Supervisor, P.O. Box 148, Engadine, Michigan 49827.
Michigan ...... Moran (Township), Lake Michigan ...... Entire shoreline within community ...... None *585 Mackinac County.
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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps available for inspection at the Moran Township Hall, 1358 West U.S. Highway 2, St. Ignace, Michigan. Send comments to Mr. Robert Holle, Moran Township Supervisor, 1358 West U.S. Highway 2, St. Ignace, Michigan 49781±9643.
Michigan ...... Onota (Township), Lake Superior ...... Entire shoreline within the community ...... None *604 Alger County. Maps available for inspection at the Onota Township Hall, 1461 Deerton Sandlake Road, Deerton, Michigan. Send comments to Mr. Andrew Mika, Onota Township Supervisor, P.O. Box 32, Deerton, Michigan 49822.
Michigan ...... Powell (Township), Lake Superior ...... Entire shoreline within the community ...... None *604 Marquette Coun- ty. Maps available for inspection at the Powell Township Hall, 101 Bensinger Avenue, Big Bay, Michigan. Send comments to Ms. Sarah Pelto, Powell Township Supervisor, P.O. Box 39, Big Bay, Michigan 49808.
Michigan ...... St. Ignace (Town- Lake Huron ...... Entire shoreline within the community ...... None *585 ship), Mackinac County. Maps available for inspection at the Mackinac County Courthouse Annex, 100 North Marley, Room 115, St. Ignace, Michigan. Send comments to Mr. Dale Nelson, St. Ignace Township Supervisor, P.O. Box 373, St. Ignace, Michigan 49781.
Minnesota ...... Houston (City), Root River ...... Approximately 0.5 mile downstream of *683 *682 Houston County. Grant Street (State Route 76). Approximately 0.6 mile upstream of Grant *690 *686 Street (State Route 76). Outlet A±1 ...... Approximately 100 feet south of intersec- *689 *682 tion of Washington and Elm Streets. Outlet A±2 ...... Approximately 400 feet north of intersec- *685 *681 tion of Plum and Grant Streets. Outlet B ...... Approximately 150 feet northeast of inter- *683 *679 section of Henderson and Elm Streets. Maps available for inspection at the Houston City Hall, 105 West Maple Street, Houston, Minnesota. Send comments to The Honorable Terry Chiglo, Mayor of the City of Houston, 105 West Maple Street, Houston, Minnesota 55943±0667.
New Hampshire ..... New Boston South Branch Piscataquog Approximately 10 feet upstream of *424 *418 (Town),. River. Merrimack Farmers Exchange Dam. Hillsborough Coun- ...... Approximately 0.51 mile upstream of None *532 ty. Butterfield Mill Road. Maps available for inspection at the New Boston Town Hall, 7 Meetinghouse Hill Road, New Boston, New Hampshire. Send comments to Mr. Burton H. Reynolds, New Boston Town Administrator, P.O. Box 250, New Boston, New Hampshire 03070.
New Hampshire ..... Rindge (Town), Lake Monomonac/North At the New Hampshire/Massachusetts None *1,049 Cheshire County. Branch. State boundary. Millers River ...... At Mill Pond Road ...... None *1,184 Maps available for inspection at the Rindge Town Office, 49 Payson Hill Road, Rindge, New Hampshire. Send comments to Mr. Carl E. Weber, Rindge Town Administrator, P.O. Box 163, Rindge, New Hampshire 03461.
New Jersey ...... East Hanover Passaic River ...... Approximately 1,125 feet downstream of *175 *174 (Township), Mor- Eagle Rock Avenue. ris County. Approximately 275 feet upstream of *175 *176 Mount Pleasant Avenue. Maps available for inspection at the East Hanover Township Hall, Engineering Department, 411 Ridgedale Avenue, East Hanover, New Jer- sey. Send comments to The Honorable Lawrence J. Colasurdo, Mayor of the Township of East Hanover, 411 Ridgedale Avenue, East Hanover, New Jersey 07936.
New Jersey ...... Florham Park (Bor- Passaic River ...... At Columbia Turnpike ...... *177 *176 ough), Morris County. Approximately 0.39 mile downstream of *177 *176 Passaic Avenue. Fish's Brook ...... At the confluence with Passaic River ...... *177 *176 Approximately 50 feet upstream of *177 *176 Brooklake Road.
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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Maps available for inspection at the Borough of Florham Park Engineering Office, 111 Ridgedale Avenue, Florham Park, New Jersey. Send comments to Mr. Dwight F. Longley, Florham Borough Administrator, 111 Ridgedale Avenue, Florham Park, New Jersey 07932.
New Jersey ...... Livingston (Town- Passaic River...... Approximately 2.1 miles downstream of *174 *175 ship), Essex State Route 10. County. Approximately 1.7 miles upstream of the None *176 confluence of Passaic River Tributary. Passaic River Tributary .... At the confluence with Passaic River ...... *177 *176 Approximately 0.25 mile downstream of *177 *176 South Orange Avenue. Maps available for inspection at the Livingston Town Hall, Engineering Department, 357 South Livingston Avenue, Livingston, New Jersey. Send comments to Mr. Charles J. Tahaney, Livingston Township Manager, 357 South Livingston Avenue, Livingston, New Jersey 07039.
New York ...... Brunswick (Town), Piscawen Kill ...... At the Brunswick/Troy corporate limits ..... None *363 Rensselaer County. Approximately 50 feet upstream of North None *477 Lake Avenue Crossing #4. Maps available for inspection at the Brunswick Town Hall, Assessor's Office, 308 Town Office Road, Troy, New York. Send comments to Mr. Philip Herrington, Brunswick Town Supervisor, 308 Town Office Road, Troy, New York 12180.
New York ...... Lowville (Town), Mill Creek ...... At confluence with Black River ...... None *744 Lewis County. At upstream corporate limits ...... None *760 Maps available for inspection at the Lowville Town Hall, 5533 Bostwick, Lowville, New York. Send comments to Mr. Arleigh D. Rice, Lowville Town Supervisor, Route 3, Box 8T, Lowville, New York 13367.
North Carolina ...... Clayton (Town), Little Creek ...... Approximately 1,000 feet downstream of *196 *197 Johnston County. Ranch Road. Just downstream of Robertson Street ...... *251 *250 Maps available for inspection at the Clayton Town Hall, Planning Department, 231 East 2nd Street, Clayton, North Carolina. Send comments to Mr. Steve Biggs, Clayton Town Manager, P.O. Box 879, Clayton, North Carolina 27250.
North Carolina ...... Davidson County Hasty Creek ...... Approximately 800 feet upstream of con- *719 *720 (Unincorporated fluence with Hunts Fork. Areas). Approximately 250 feet downstream of *746 *747 NCSR 1781. Payne Creek...... Approximately 225 feet downstream of *735 *736 NCSR 1757. Approximately 0.96 mile upstream of con- *753 *766 fluence of Payne Creek Tributary. Payne Creek Tributary ..... At confluence with Payne Creek ...... None *744 Approximately 1.1 miles upstream from None *782 Canterbury Road. Rich Fork ...... Approximately 0.5 mile downstream of *708 *709 NCSR 1755. Approximately 0.4 mile upstream of *764 *765 NCSR 1741. Rich Fork Tributary ...... At confluence with Rich Fork ...... *764 *765 Approximately 780 feet upstream of *779 *780 NCSR 1739. Stream No. 97 ...... At confluence with Stream No. 99 ...... None *747 Approximately 0.74 mile upstream from None *764 confluence with Stream No. 99. Stream No. 99 ...... At confluence with Payne Creek ...... None *731 Approximately 0.71 mile upstream from None *778 confluence with Stream No. 97. Maps available for inspection at the Davidson County Governmental Center, 913 Greensboro Street, Lexington, North Carolina. Send comments to Mr. Robert C. Hyatt, Davidson County Manager, P.O. Box 1067, Lexington, North Carolina 27293.
North Carolina ...... Franklin County Lake Royale ...... Approximately 3,000 feet east of intersec- None *191 (Unincorporated tion of Baptist Church Road and Areas). Sledge Road. Tar River...... A point approximately 1.20 miles up- None *207 stream of North Main Street.
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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
A point approximately 1.66 miles up- None *211 stream of North Main Street. Maps available for inspection at the Franklin County Planning and Development Office, 215 East Nash Street, Louisburg, North Carolina. Send comments to Mr. James Moss, Chairman of the Franklin County Board of Commissioners, 113 Market Street, Louisburg, North Carolina 27549.
North Carolina ...... Johnston County Little Creek ...... At confluence with Swift Creek ...... None *156 (Unincorporated Areas). Approximately 1,000 feet downstream of *196 *197 Ranch Road. Swift Creek ...... Approximately 0.4 mile downstream of *153 *154 confluence of Little Creek. At Wake County line ...... *201 *203 Poplar Creek ...... Approximately 700 feet downstream of None *129 Wilson Mills Road. At corporate limits of Town of Wilson None *171 Mills. Unnamed Tributary ...... At the confluence of Swift Creek ...... None *193 #1 to Swift Creek ...... At the Wake County line ...... None *218 Unnamed Tributary ...... At the confluence with Swift Creek ...... None *178 # 2 to Swift Creek ...... Just upstream of Cornwallis Road ...... None *262 White Oak Creek ...... At the confluence with Swift Creek ...... None *187 At the Wake County line ...... None *223 Little Poplar Creek ...... At the confluence with Poplar Creek ...... None *140 250 feet upstream from U.S. Highway 70 None *247 Maps available for inspection at the Johnson County GIS Department, 207 East Johnston Street, Smithfield, North Carolina. Send comments to Mr. Rick Haster, Johnston County Manager, P.O. Box 1049, Smithfield, North Carolina 27577.
North Carolina ...... Lexington (City), Darr Branch...... Approximately 1,880 feet upstream of *641 *640 Davidson County. confluence with Abbotts Creek. Approximately 20 feet downstream of *721 *724 Tanvard Street. Darr Drain ...... At confluence with Darr Branch ...... *656 *652 Approximately 1,025 feet upstream of *681 *676 Young Drive. Nokomis Branch ...... At confluence with Darr Branch ...... *662 *659 Approximately 80 feet upstream of North *742 *743 Pine Street. Twin Creek ...... At a point approximately 250 feet up- *636 *635 stream of confluence with Abbotts Creek. Approximately 0.43 mile upstream of con- None *661 fluence with Abbotts Creek. Twin Creek Tributary ...... Approximately 475 feet upstream of con- *648 *636 fluence with Abbotts Creek. At a point approximately 1,600 feet up- *661 *654 stream of confluence with Abbotts Creek. Maps available for inspection at the City of Lexington Community Development Department, 28 West Center Street, Lexington, North Caro- lina. Send comments to The Honorable Richard Thomas, Mayor of the City of Lexington, 28 West Center Street, Lexington, North Carolina 27293.
North Carolina ...... Thomasville (City), Hasty Creek ...... At upstream side of NCSR 1779 ...... None *768 Davidson County. Approximately 210 feet upstream of State None *850 Route 68. Maps available for inspection at the Thomasville City Hall, 10 Salem Street, Thomasville, North Carolina. Send comments to The Honorable Don Truell, Mayor of the City of Thomasville, 10 Salem Street, Thomasville, North Carolina 27360.
North Carolina ...... Wilson's Mills Poplar Creek ...... From the Town of Wilson's Mills cor- None *171 (Town), Johnston porate limits to Swift Creek Road. None *196 County. Maps available for inspection at the Wilson's Mills Town Hall, 22 Fire Department Road, Wilson's Mills, North Carolina. Send comments to The Honorable Kenneth R. Jones, Mayor of the Town of Wilson's Mills, P.O. Box 448, Wilson's Mills, North Carolina 27593.
Ohio ...... Newark (City), Lick- North Fork Licking River ... Approximately 360 feet upstream of con- *814 *831 ing County. fluence with Licking River.
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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Approximately 4,752 feet upstream of *813 *830 Manning Street. Maps available for inspection a the Newark City Hall, Engineering Department, 40 West Main Street, Newark, Ohio. Send comments to The Honorable Frank Stare, Mayor of the City of Newark, 40 West Main Street, Newark, Ohio 43055.
Pennsylvania ...... Alburtis (Borough), Swabia Creek ...... Approximately 180 feet downstream from None *412 Lehigh County. the downstream corporate limits. Upstream corporate limits ...... None *439 Swabia Creek Tributary .... At confluence with Swabia Creek ...... None *433 Approximately 275 feet upstream of con- None *435 fluence with Swabia Creek. Maps available for inspection at the Borough Hall, 260 Franklin Street, Alburtis, Pennsylvania. Send comments to The Honorable Ronald De'Iaco, Mayor of the Borough of Alburtis, 260 Franklin Street, Alburtis, Pennsylvania 18011.
Pennsylvania ...... Allentown (City), Jordan Creek ...... At confluence with Little Lehigh Creek ..... *257 *256 Lehigh County. At upstream corporate limits ...... *274 *276 Lehigh River ...... At downstream corporate limits ...... *243 *241 At upstream corporate limits ...... *267 *265 Little Lehigh Creek ...... 820 feet downstream Third Street ...... *250 *249 Approximately 950 feet upstream of Key- *308 *311 stone Road. Tributary to Lehigh River .. At confluence with Lehigh river ...... *266 *264 Approximately 1,270 feet upstream side *267 *266 of Dauphin Street. Cedar Creek ...... Confluence with Little Lehigh Creek ...... *262 *266 Just downstream of Mosser Street ...... *265 *266 Maps available for inspection at the Engineering Bureau, Room 431, City Hall, 435 Hamilton Street, Allentown, Pennsylvania. Send comments to The Honorable William Heydt, Mayor of the City of Allentown, 435 Hamilton Street, Room 528, Allentown, Pennsylvania 18101.
Pennsylvania ...... Bethlehem (City), Lehigh River ...... Approximately 1,637 feet downstream of *233 *230 Lehigh County. New Street. At upstream corporate limits ...... *243 *241 Monocacy Creek ...... At confluence with Lehigh River ...... *233 *230 Approximately 10 feet upstream of West *237 *236 Lehigh Street. Maps available for inspection at the City Hall, 10 East Church Street, Bethlehem, Pennsylvania. Send comments to The Honorable Donald J. Cunningham, Jr., 10 East Church Street, Bethlehem, Pennsylvania 18018.
Pennsylvania ...... Blawnox (Borough), Allegheny River ...... Approximately 2,200 feet downstream of *740 *741 Allegheny County. confluence with Sandy Creek. Approximately 3,000 feet upstream of *741 *742 confluence of Sandy Creek. Maps available for inspection at the Blawnox Borough Hall, 376 Freeport Road, Pittsburgh, Pennsylvania. Send comments to Mr. Westley M. Rohrer, Jr., President of the Borough of Blawnox Council, Blawnox Borough Hall, 376 Freeport Road, Pittsburgh, Pennsylvania 15238.
Pennsylvania ...... Catasauqua (Bor- Lehigh River ...... Approximately 0.38 mile downstream of *270 *271 ough), Lehigh Race Street. County. Approximately 0.28 mile upstream of Pine *280 *281 Street. Catasauqua Creek ...... At confluence with Lehigh River ...... *271 *273 Just upstream of CONRAIL bridge ...... *272 *273 Maps available for inspection at the Borough Hall, 118 Bridge Street, Catasauqua, Pennsylvania. Send comments to Mr. Eugene Goldfeder, Borough Manager, 118 Bridge Street, Catasauqua, Pennsylvania 18032.
Pennsylvania ...... Coplay (Borough), Lehigh River ...... At downstream corporate limits ...... None *288 Lehigh County. At upstream corporate limits ...... None *294 Maps available for inspection at the Borough Hall, 98 South Fourth Street, Coplay, Pennsylvania. Send comments to The Honorable Bill Leiner, Jr., Mayor of the Borough of Coplay, 98 South Fourth Street, Coplay, Pennsylvania 18037.
Pennsylvania ...... Delaware Water Delaware River ...... Approximately 1.5 miles downstream of *315 *313 Gap (Borough), Interstate 80. Monroe County.
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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Approximately 500 feet downstream of *322 *321 confluence with Cherry Creek. Maps available for inspection at the Delaware Water Gap Borough Office, 49 Main Street, Delaware Water Gap, Pennsylvania. Send comments to Mr. Wayne Mac Williams, President of the Delaware Water Gap Borough Council, P.O. Box 218, Delaware Water Gap, Pennsylvania 18327.
Pennsylvania ...... Fountain Hill (Bor- Lehigh River ...... Downstream corporate limits ...... *239 *236 ough), Lehigh Upstream corporate limits ...... *239 *236 County. Maps available for inspection at the Borough Hall, 941 Long Street, Bethlehem, Pennsylvania. Send comments to The Honorable Steve Repasch, Mayor of the Borough of Fountain Hill, 941 Long Street, Bethlehem, Pennsylvania 18015.
Pennsylvania ...... Hanover (Town- Lehigh River ...... Approximately 0.29 mile downstream of None *265 ship), Lehigh U.S. Route 22. County. Approximately 0.66 mile upstream of U.S. None *270 Route 22. Tributary to Lehigh River .. Approximately 0.70 mile upstream of con- None *292 fluence with Lehigh River. Approximately 0.71 mile upstream of con- None *293 fluence with Lehigh River. Maps available for inspection at the Township Hall, 2202 Grove Road, Allentown, Pennsylvania. Send comments to Ms. Sandra Pudliner, Township Manager, 2202 Grove Road, Allentown, Pennsylvania 18103.
Pennsylvania ...... Lower Macungie Little Lehigh Creek ...... Approximately 1,400 feet downstream of *309 *312 (Township), Le- Riverbend Road. high County. At upstream corporate limits (county *402 *406 boundary). Swabra Creek ...... At confluence with Little Lehigh Creek ..... *346 *351 Approximately 450 feet downstream of *350 *351 Warmkessel Drive. Toad Creek ...... At confluence with Little Lehigh Creek ..... *392 *394 Approximately 160 feet upstream of Ash *398 *399 Lane. Tributary to Little Lehigh Approximately 200 feet downstream of None *382 Creek. upstream corporate limits. At upstream corporate limits ...... None *385 Spring Creek No. 1 ...... At confluence with Little Lehigh Creek ..... *373 *378 Approximately 528 feet downstream Pri- *377 *378 vate Drive. Maps available for inspection at the Township Hall, 3400 Brookside Road, Macungie, Pennsylvania. Send comments to Mr. Robert E. Lee, Chairman of the Board of Supervisors, 3400 Brookside Road, Macungie, Pennsylvania 18062.
Pennsylvania ...... Lower Milford Tributary to Hosensack Approximately 0.38 mile downstream of None *487 (Township), Le- Creek. Kings Highway. high County. Approximately 750 feet upstream of None *509 Kings Highway. Maps available for inspection at the Township Hall, 7607 Chestnut Hill Church Road, Coopersburg, Pennsylvania. Send comments to Mr. Ted Benson, Chairman of the Lower Milford Township Board of Supervisors, 7607 Chestnut Hill Church Road, Coopersburg, Pennsylvania 18036.
Pennsylvania ...... North Whitehall Lehigh River ...... At downstream corporate limits ...... *303 *304 (Township), Le- Approximately 255 feet downstream of *351 *350 high County. upstream corporate limits. Jordan Creek ...... At downstream corporate limits ...... *357 *356 Approximately 500 feet downstream of *360 *359 Kernsville Road. Maps available for inspection at the Township Hall, Zoning Office, 3256 Levans Road, Coplay, Pennsylvania. Send comments to Ms. Janet Talotta, Chairman of the Board of Supervisors, 3256 Levans Road, Coplay, Pennsylvania 18037.
Pennsylvania ...... Salisbury (Town- Lehigh River ...... Downstream corporate limits ...... *239 *236 ship), Lehigh Upstream corporate limits ...... *246 *247 County. Little Lehigh Creek ...... Approximately 400 feet upstream of Fish None *295 Hatchery Road.
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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
At upstream corporate lim- 309 ...... *312 its. Maps available for inspection at the Township Hall, 2900 South Pike Avenue, Allentown, Pennsylvania. Send comments to Mr. Gabriel Khalife, Township Manager, 2900 South Pike Avenue, Allentown, Pennsylvania 18103.
Pennsylvania ...... Slatington (Bor- Lehigh River ...... At downstream corporate limits ...... *358 *360 ough), Lehigh At upstream corporate limits ...... *373 *374 County. Trout Creek No. 2 At confluence of Lehigh Approximately 730 feet upstream of con- *362 *363 River. fluence with. *362 *363 Lehigh River ...... Maps available for inspection at the Slatington Borough Office, 125 South Walnut Street, Slatington, Pennsylvania. Send comments to Mr. Clayton E. Snyder, President of Council, 125 South Walnut Street, Slatington, Pennsylvania 18080.
Pennsylvania ...... South Whitehall Jordan Creek ...... At downstream corporate limits ...... *302 *303 (Township), Le- high County. Approximately 1,700 feet upstream of *357 *356 confluence of Hassen Creek. Maps available for inspection at the Township Hall, 4444 Walbert Avenue, Allentown, Pennsylvania. Send comments to Mr. Gerald Gazda, Township Manager, 4444 Walbert Avenue, Allentown, Pennsylvania 18104.
Pennsylvania ...... Upper Milford Leibert Creek ...... Approximately 750 feet downstream side None *371 (Township), Le- of Chestnut Street. high County. Approximately 650 feet downstream side None *372 of Chestnut Street. Tributary to Little Lehigh At corporate limits ...... None *385 Creek. Upstream side of Indian Creek Road ...... None *392 Maps available for inspection at the Township Hall, 5831 Kings Highway South, Old Zionsville, Pennsylvania. Send comments to Mr. Linden Miller, Township Manager, P.O. Box 210, Old Zionsville, Pennsylvania 18068.
Pennsylvania ...... Upper Saucon Saucon Creek...... At downstream corporate limits (county None *337 (Township), Le- boundary). high County. Approximately 400 feet downstream of None *501 Emmaus Road. Maps available for inspection at the Township Municipal Building, 5500 Camp Meeting Road, Center Valley, Pennsylvania. Send comments to Mr. Bernald Rodgers, Upper Saucon Township Manager, Upper Saucon Township Municipal Building, 5500 Camp Meet- ing Road, Center Valley, Pennsylvania 18034.
Pennsylvania ...... Washington (Town- Lehigh River...... Approximately 300 feet upstream of *352 *351 ship), Lehigh downstream corporate limits. County. Approximately 0.33 mile upstream of *387 *388 State Route 873. Maps available for inspection at the Township Hall, 7951 Center Street, Emerald, Pennsylvania. Send comments to Mr. George Beam, Chairman of the Board of Supervisors, P.O. Box 27, Slatedale, Pennsylvania 18079±0027.
Pennsylvania ...... Whitehall (Town- Lehigh River ...... Approximately 0.47 mile downstream of *264 *265 ship), Lehigh Lehigh Valley Thruway (U.S. Route 22 County. & I±78). Approximately 300 feet upstream of con- *302 *304 fluence with Spring Creek. Jordan Creek...... Approximately 0.5 mile downstream of *264 *265 North 4th Street. Approximately 0.9 mile upstream of *310 *311 Mauch Chunk Road. Maps available for inspection at the Township Hall, 3219 MacArthur Road, Whitehall, Pennsylvania. Send comments to Mr. Glenn Solt, Township Executive, 3219 MacArthur Road, Whitehall, Pennsylvania 18052.
Tennessee ...... Dyer County (Unin- Obion River ...... Approximately 75 feet downstream of the None *270 corporated Tennessee Kentucky Railroad. Areas). Approximately 2.81 miles upstream of None *279 State Route 78.
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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified
Jones Creek ...... Approximately 1,400 feet upstream of the *286 *287 confluence of Light Creek. Approximately 1.4 miles upstream of the *291 *289 confluence of Light Creek. Maps available for inspection at the Dyer County Courthouse, Building Inspector's Office, #1 Veteran's Square, Dyersburg, Tennessee. Send comments to Mr. James O. McCord, Dyer County Chief Executive Officer, P.O. Box 1360, Dyersburg, Tennessee 38025±1360.
Tennessee ...... Greeneville (Town), Frank Creek...... Approximately 375 feet downstream of None *1,424 Greene County. Tusculum Boulevard. Approximately 750 feet upstream of Vi- None *1,458 king View Estates Road. Tributary to Richland Approximately 1,550 feet downstream of None *1,431 Creek. East McKee Street. Approximately 2,150 feet upstream of None *1,486 East Church Street. Maps available for inspection at the Greeneville Town Hall, 200 North College Street, Greeneville, Tennessee. Send comments to The Honorable G. Thomas Love, Mayor of the Town of Greeneville, 200 North College Street, Greeneville, Tennessee 37745.
Tennessee ...... Sweetwater (City), Sweetwater Creek ...... Approximately 0.33 mile downstream of None *903 Monroe County. Southern Railway. Approximately 200 feet downstream of None *917 State Route 68. Maps available for inspection at the Sweetwater City Hall, 203 Monroe Street, Sweetwater, Tennessee. Send comments to The Honorable Billy R. Ridenour, Mayor of the City of Sweetwater, P.O. Box 267, Sweetwater, Tennessee 37874.
Vermont ...... Bellows Falls (Vil- Connecticut River ...... A point approximately 600 feet upstream *295 *296 lage), Windham of Bellows Falls Dam. County. A point approximately 0.78 mile upstream *296 *300 of Bellows Falls Dam. Maps available for inspection at the Rockingham Town Hall, Clerk's Office, Village Square, Rockingham, Vermont. Send comments to Ms. Roberta Smith, Manager of the Village of Bellows Falls and Town of Rockingham, P.O. Box 370, Bellows Falls, Vermont 05101.
Vermont ...... Rockingham Connecticut River ...... A point approximately 0.78 mile upstream *296 *300 (Town), of Bellows Falls Dam. Windham County. A point approximately 1.34 miles up- *301 *306 stream of the confluence of Com- missary Brook. Williams River ...... At the confluence with the Connecticut *297 *302 River. A point approximately 80 feet upstream *301 *302 of U.S. Route 5. Maps available for inspection at the Rockingham Town Hall, Clerk's Office, Village Square, Rockingham, Vermont. Send comments to Ms. Roberta Smith, Manager of the Village of Bellows Falls and Town of Rockingham, P.O. Box 370, Bellows Falls, Vermont 05101.
West Virginia ...... Jackson County Mill Creek ...... Just downstream of State Highway 87 ..... None *589 (Unincorporated Just downstream of County Highway 21 .. None *599 Areas). Maps available for inspection at the Jackson County Courthouse, Main Street, Ripley, West Virginia. Send comments to Mr. Dick Casto, President of the Jackson County Commission, Jackson County Courthouse, P.O. Box 800, Ripley, West Virginia 25271.
West Virginia ...... Ripley (City), Jack- Mill Creek...... Approximately 450 feet downstream of *594 *593 son County. U.S. Route 33. At confluence of Sycamore Creek ...... *597 *596 At downstream corporate limits ...... *601 *599 Maps available for inspection at the Ripley Municipal Building, 113 South Church Street, Ripley, West Virginia. Send comments to The Honorable Ollie M. Harvey, Mayor of the City of Ripley, Municipal Building, 113 South Church Street, Ripley, West Virginia 25271.
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(Catalog of Federal Domestic Assistance electronic file via the Internet to http:/ Synopsis of Notice of Proposed Rule No. 83.100, ‘‘Flood Insurance.’’) /www.fcc.gov/e-file/ecfs.html. Making Dated: January 31, 2000. Generally, only one copy of an Introductory Background Michael J. Armstrong, electronic submission must be filed. In Associate Director for Mitigation. completing the transmittal screen, 1. In this proceeding, we respond to [FR Doc. 00–3523 Filed 2–14–00; 8:45 am] commenters should include their full a petition for rulemaking filed by Pappas Telecasting Incorporated BILLING CODE 6718±04±P name, Postal Service mailing address, (‘‘Pappas’’), licensee of television station and the applicable docket or rulemaking KMPH(TV), Visalia, California, Retlaw number. Parties may also submit an Enterprises, Inc. (‘‘Retlaw’’), licensee of FEDERAL COMMUNICATIONS electronic comment by Internet e-mail. COMMISSION television station KJEO(TV), Fresno, To get filing instructions for e-mail California, and San Joaquin comments, commenters should send an 47 CFR Part 76 Communications Corp. (‘‘San Joaquin’’), e-mail to [email protected], and should licensee of television station KSEE(TV), [CS Docket 00±1; DA 00±12] include the following words in the body Fresno, California, (collectively, the of the message, ‘‘get form
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F. Federal Rules Which Overlap, Assessment (DEIS) (Docket No. FRA– SUPPLEMENTARY INFORMATION: Any Duplicate, or Conflict With the 1999–6440) pertaining to the proposals person wishing to provide testimony at Commission’s Proposal. None. contained in the NPRM. In both one of the public hearings should notify G. Report to Congress. The documents, FRA stated that public FRA’s Docket Clerk at the address above Commission shall send a copy of this hearings would be held in a number of at least three working days prior to the IRFA along with this Notice in a report locations throughout the country. This date of the hearing. The notification to Congress pursuant to the Small notice provides information regarding should also provide either a telephone Business Regulatory Enforcement combined hearings on the NPRM and number or e-mail address at which the Fairness Act of 1998, codified at 5 USC DEIS to be held in: Washington, DC; Los person may be contacted. If a 801(a)(1)(A). A copy of this IRFA will Angeles, California; Pendleton, Oregon; participant will be representing an also be published in the Federal Ft. Lauderdale, Florida; and Salem, organization, please indicate that name Register. Massachusetts. Further notices will be of the organization. Ordering Clauses published and posted on FRA’s web site FRA will attempt to accommodate all (http://fra.dot.gov) regarding hearings to persons wishing to provide testimony, Pursuant to §§ 4(i)–(j) of the be held in the remaining locations listed however depending on the number of Communications Act of 1934, as in the NPRM: Berea, Ohio; South Bend, people wishing to participate, FRA may amended, 47 USC 154(i)–(j), 303(c), (f), Indiana; and Chicago, Illinois. find it necessary to limit the length of and (r), and 309(j), notice is hereby DATES: Public Hearings: Public hearings oral comments to accommodate as many given of the proposed amendment to will be held in: people as possible. Participants may Part 76 of the Commission’s rules, in 1. Washington, DC on March 6, 2000; wish to submit a complete written accordance with the proposals, 2. Los Angeles area, California on statement for inclusion in the record, discussions, and statements of issues March 15, 2000; while orally summarizing the points contained in this Notice of Proposed 3. Pendleton, Oregon on March 17, made in that statement. Rulemaking, and that comment is 2000; sought regarding such proposals, Issued in Washington, DC, on February 11, 4. Ft. Lauderdale, Florida on March 2000. discussions, and statements of issues. It 28, 2000; and S. Mark Lindsey, is further ordered that the Commission’s 5. Salem, Massachusetts on April 3, Office of Public Affairs, Reference Acting Deputy Administrator, Federal 2000. Railroad Administration. Operations division, shall send a copy All hearings will begin at 9:00 am. [FR Doc. 00–3653 Filed 2–14–00; 8:45 am] of this Notice of Proposed Rulemaking, Please see Supplementary Information including the Initial Regulatory for further information concerning BILLING CODE 4910±06±M Flexibility Analysis, to the Chief participation in the public hearings. Counsel for Advocacy of Small Business ADDRESSES: Public Hearings: Public Administration, in accordance with hearings will be held at the following DEPARTMENT OF THE INTERIOR paragraph 603(a) of the Regulatory locations: Flexibility Act, Public Law 96–354, 94 1. Washington DC: Federal Aviation Fish and Wildlife Service Stat. 1164, 5 USC 601 et seq. (1981). Administration Auditorium, Third Federal Communications Commission. Floor, Federal Office Building 10A, 800 50 CFR Part 17 Magalie Roman Salas, Independence Avenue, SW, RIN 1018±AF67 Secretary. Washington, DC 20591. [FR Doc. 00–2618 Filed 2–14–00; 8:45 am] 2. Los Angeles area: Doubletree Hotel, Catalina II Room, 3050 Bristol Street, Endangered and Threatened Wildlife BILLING CODE 6712±01±U Costa Mesa, CA 92626. and Plants; Reopening of the 3. Pendleton, Oregon: City Council Comment Period on the Proposed Rule Chambers, Pendleton City Hall, 500 To Remove the Northern Populations DEPARTMENT OF TRANSPORTATION Southwest Dorian Avenue, Pendleton, of the Tidewater Goby From the List of Endangered and Threatened Wildlife Federal Railroad Administration OR 97801. 4. Ft. Lauderdale, Florida: Doubletree AGENCY: Fish and Wildlife Service, 49 CFR Parts 222 and 229 Oceanfront Hotel, 440 Seabreeze Blvd, Interior. Fort Lauderdale, FL 33316. ACTION: [Docket Nos. FRA±1999±6439, Notice No. 5. Salem, Massachusetts: National Proposed rule; Notice of 2 and FRA±1999±6440] Park Service Visitor Center— reopening of comment period. RIN 2130±AA71 Auditorium, 2 New Liberty Street, SUMMARY: We, the U.S. Fish and Salem, MA 01970. Wildlife Service (Service), pursuant to Use of Locomotive Horns at Highway- FRA Docket Clerk: Docket Clerk, the Endangered Species Act of 1973, as Rail Grade Crossings Office of Chief Counsel, Mail Stop 10, amended (Act), provide notice of the FRA, 1120 Vermont Avenue, NW, AGENCY: reopening of the comment period for the Federal Railroad Washington, DC 20590. E-mail address Administration (FRA), Department of proposed delisting of the northern for the FRA Docket Clerk is populations of the tidewater goby Transportation (DOT). [email protected]. ACTION: Notice of public hearings. (Eucyclogobius newberryi) from the list FOR FURTHER INFORMATION CONTACT: Ron of endangered and threatened wildlife. SUMMARY: On January 13, 2000, FRA Ries, Office of Safety, FRA, 1120 The comment period has been reopened published a Notice of Proposed Vermont Avenue, SW., Washington, DC in response to new information Rulemaking (NPRM) on the Use of 20590 (telephone: 202–493–6299); or regarding tidewater goby marine Locomotive Horns at Highway-Rail Mark Tessler, Office of Chief Counsel, dispersal. This proposal would remove Grade Crossings (Docket No. FRA– FRA, 1120 Vermont Avenue, SW., the northern populations of the 1999–6439). On the same date FRA Washington, DC 20590 (telephone: 202– Tidewater goby from protection under released a Draft Environmental 493–6038). the Act.
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DATES: Comments from all interested Organismic Biology, Ecology and Historically, the species ranged from parties must be received by March 31, Evolution, in litt. 1998) initiated an Tillas Slough (mouth of the Smith River, 2000. analysis of mitochondrial genetic Del Norte County) near the Oregon ADDRESSES: Send written comments and material from tidewater goby border south to Agua Hedionda Lagoon other materials concerning this proposal populations ranging from Humboldt to (northern San Diego County). The to Ms. Diane Noda, Field Supervisor, San Diego counties. Preliminary results tidewater goby is often found in waters Ventura Fish and Wildlife Office, 2493 indicate the southern goby population of relatively low salinities (around 10 Portola Road, Suite B, Ventura, separated from other goby populations parts per thousand (ppt)) in the California 93003. You may inspect along the coast long ago. This uppermost brackish zone of larger comments and materials received, by southernmost population probably estuaries and coastal lagoons. However, appointment, during normal business began diverging from the remainder of the fish can tolerate a wide range of hours at the above address. the gobies in excess of 100,000 years salinities (Swift et al. 1989, 1997; ago. Furthermore, gobies from the Point Worcester 1992; K. R. Worcester, FOR FURTHER INFORMATION CONTACT: Carl Benz at the above address; telephone Conception area are more closely related California Department of Fish and Game 805/644–1766; facsimile 805/644–3958. to gobies from Humboldt County than (CDFG), in litt. 1996; Worcester and Lea they are to the gobies analyzed in San 1996), and is frequently found SUPPLEMENTARY INFORMATION: Diego and Orange counties. throughout lagoons. Tidewater gobies Background The tidewater goby (Eucyclogobius regularly range upstream into fresh newberryi) is a small, elongate, grey- water, and downstream into water of up The tidewater goby was first brown fish with dusky fins not to 28 ppt salinity (Worcester 1992; described in 1857 by Girard as Gobius exceeding 50 millimeters (mm) (2 Swenson 1995), although specimens newberryi. Gill (1862) erected the genus inches (in.)) standard length (SL). The have been collected at salinities as high Eucyclogobius for this distinctive tidewater goby is a short-lived species, as 42 ppt (Swift et al. 1989). The species. The majority of scientists have apparently having an annual life cycle species’ tolerance of high salinities (up accepted this classification (Bailey et al. (Irwin and Soltz 1984; Swift et al. 1997). to 60 ppt for varying time periods) likely 1970; Miller and Lea 1972; Hubbs et al. At the time of the listing, the species enables it to withstand the marine 1979; Robins et al. 1991; Eschmeyer et was believed to have more stringent environment, allowing it to colonize or al. 1983). No other species have been habitat requirements and to be less reestablish in lagoons and estuaries described in this genus. A few older likely to disperse successfully than following flood events (Swift et al. 1989; works and Ginsburg (1945) placed the recent research indicates (see below). K. R. Worcester, in litt. 1996; Worcester tidewater goby and the eight related These factors, coupled with the short and Lea 1996; Lafferty et al. in prep.) eastern Pacific species into the genus life span of the tidewater goby, were The life history of tidewater gobies is Lepidogobius. This classification believed to make most tidewater goby linked to the annual cycles of the includes the currently recognized populations vulnerable to extirpation by coastal lagoons and estuaries (Swift et genera Lepidogobius, Clevelandia, human activities. At the time of the al. 1989, 1994; Swenson 1994, 1995). Ilypnus, Quietula, and Eucyclogobius. listing, we believed that approximately Water in estuaries, lagoons and bays is Birdsong et al. (1988) coined the 50 percent of the documented at its lowest salinity during the winter informal Chasmichthys species group, populations had been extirpated. and spring as a result of precipitation recognizing the phyletic relationship of However, in spite of the many factors and runoff. During this time, high the eastern Pacific group with species in affecting coastal wetlands, recent survey runoffs cause the sandbars at the the northwestern Pacific. data have demonstrated a less than 25 mouths of the lagoons to breach, Crabtree’s (1985) allozyme work on percent permanent loss of the known allowing mixing of the relatively fresh tidewater gobies from 12 localities tidewater goby populations (Ambrose et estuarine and lagoon waters with throughout the range showed fixed al. 1993; Swift et al. 1994; Lafferty et al. seawater. This annual building and allelic differences at the extreme 1996; C. Chamberlain, U.S. Fish and breaching of the sandbars is part of the northern (Lake Earl, Humboldt Bay) and Wildlife Service, Arcata, California, in normal dynamics of the systems in southern (Canada de Agua Caliente, litt. 1997; Lafferty 1997; Swift et al. which the tidewater goby has evolved Winchester Canyon, and San Onofre 1997). (Zedler 1982; Lafferty and Alstatt 1995; Lagoon) ends of the range. The northern The tidewater goby inhabits coastal Heasly et al. 1997). The time of sandbar and southern populations are brackish water habitats entirely within closure varies greatly between systems genetically distinct from each other and California. Within the range of the and years, and typically occurs from from the central populations sampled. tidewater goby, these conditions occur spring to late summer. Later in the year, The more centrally distributed in two relatively distinct situations: (1) occasional waves washing over the populations are relatively similar to The upper edge of tidal bays, such as sandbars can introduce some sea water, each other (Brush Creek, Estero Humboldt, Tomales, and San Francisco but good mixing often keeps the lagoon Americano, Corcoran Lagoon, Arroyo de bays near the entrance of freshwater water at a few parts per thousand Corral, Morro Bay, Santa Ynez River, tributaries, and (2) the coastal lagoons salinity or less. Summer salinity in the and Jalama Creek). Crabtree’s results formed at the mouths of small to large lagoon depends upon the amount of indicated that there is a low level of coastal rivers, streams, or seasonally wet freshwater inflow at the time of sandbar gene flow (movement of individuals) canyons, along most of the length of formation (Zedler 1982, Heasly et al. between the populations sampled in the California. Few well-authenticated 1997). northern, central, and southern parts of records of this species are known from Males begin digging breeding burrows the range. However, Lafferty et al. (in marine environments outside of 75 to 100 mm (3 to 4 in.) deep, usually prep.) point out that Crabtree’s sites enclosed coastal lagoons and estuaries in relatively unconsolidated, clean, were widely distributed geographically, (Swift et al. 1989). This may be due to coarse sand averaging 0.5 mm (0.02 in.) and may not be indicative of gene flow the lack of collection efforts at in diameter, in April or May (Swift et al. on more local levels. appropriate times (i.e., following storm 1989; Swenson 1994, 1995). Swenson Recently, David Jacobs (University of events or breachings when gobies are (1995) has shown that tidewater gobies California, Los Angeles, Department of flushed from the estuaries and lagoons). prefer this substrate in the laboratory,
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Notices Federal Register Vol. 65, No. 31
Tuesday, February 15, 2000
This section of the FEDERAL REGISTER Frozen Black-Eye Peas, along with the U.S. grade standards, definitions of contains documents other than rules or proposed changes, are available either terms and easy-to-read tables would proposed rules that are applicable to the through the above address or by replace the textual descriptions. These public. Notices of hearings and investigations, accessing AMS’s website on the Internet changes are intended to facilitate better committee meetings, agency decisions and at www.ams.usda.gov/standards/. The understanding and more uniform rulings, delegations of authority, filing of petitions and applications and agency United States Standards for Grades of application of the grade standards. statements of organization and functions are Frozen Field Peas and Frozen Black-Eye AMS is publishing this notice with a examples of documents appearing in this Peas do not appear in the Code of 60 day comment period which will section. Federal Regulations. provide a sufficient amount of time for FOR FURTHER INFORMATION CONTACT: interested persons to comment on the Randle A. Macon at (202) 720–5021 or revision of the standard. DEPARTMENT OF AGRICULTURE e-mailed to Randle. [email protected]. Authority: 7 U.S.C. 1621–1627 SUPPLEMENTARY INFORMATION: Section Agricultural Marketing Service Dated: February 9, 2000. 203(c) of the Agricultural Marketing Act Robert C. Keeney, [FV±99±330] of 1946, as amended, directs and Deputy Administrator, Fruit and Vegetable authorizes the Secretary of Agriculture Programs. United States Standards for Grades of ‘‘to develop and improve standards of [FR Doc. 00–3423 Filed 2–14–00; 8:45 am] Frozen Field Peas and Frozen Black- quality, condition, quantity, grade and Eye Peas packaging and recommend and BILLING CODE 3410±02±P demonstrate such standards to AGENCY: Agricultural Marketing Service, USDA. encourage uniformity and consistency in commercial practices. . . .’’ AMS is DEPARTMENT OF COMMERCE ACTION: Notice. committed to carrying out this authority Submission for OMB Review; in a manner that facilitates the SUMMARY: The Agricultural Marketing Comment Request Service (AMS) of the Department of marketing of agricultural commodities Agriculture (USDA) is soliciting and makes copies of official standards The Department of Commerce (DOC) comments on its proposal to revise the available upon request. has submitted to the Office of United States Standards for Grades of AMS is proposing to change the Management and Budget (OMB) for Frozen Field Peas and Frozen Black-Eye United States Standards for Grades of clearance the following proposal for Peas. Specifically, USDA is proposing to Frozen Field Peas & Frozen Black-Eye collection of information under the provide for the ‘‘individual attributes’’ Peas using the procedures that appear in provisions of the Paperwork Reduction procedure for product grading with Part 36 of Title 7 of the Code of Federal Act (44 USC Chapter 35). sample sizes, acceptable quality levels Regulations (7 CFR part 36). The grade Agency: Patent and Trademark Office (AQL’s), tolerances and acceptance standards were last revised in (PTO). numbers (number of allowable defects) September 1996. Title: Statutory Invention Registration. The Western Technical Advisory to be included in the standards; and Agency Form Number(s): PTO/SB/94. Committee of the American Frozen provide a uniform format consistent OMB Approval Number: 0651–0036. Food Institute petitioned the USDA to Type of Request: Extension of a with other recently revised U.S. grade revise the U.S. grade standards for currently approved collection. standards by adopting definitions for frozen field peas and frozen black-eye Burden Hours: 33.2 hours. terms and replacing textual descriptions peas in 1997. It was requested that the Number of Respondents: 83. with easy-to-read tables. These changes ‘‘individual attributes’’ system of Average Hours Per Response: Based have been requested by the industry in grading, be incorporated into the on PTO time and motion studies, the order to improve use of the standards. revision. ‘‘Individual attributes’’ provide agency estimates that the burden hours DATES: Written comments may be statistically derived acceptable quality required by the public to gather, prepare submitted on or before April 17, 2000. levels (AQL’s) based on the tolerances and submit a Request for a Statutory ADDRESSES: Written comments may be in the grade standards. Invention Registration (PTO/SB/94), a submitted to Randle A. Macon, The current standards are based on an petition to review final refusal to Processed Products Branch, Fruit and older ‘‘attributes’’ model. It is proposed publish, or a petition to withdraw a Vegetable Programs, STOP 0247, P.O. that the standards be modified to publication request to be 24 minutes for Box 96456, Washington, DC 20090– convert them to the improved each item. 6456; faxed to (202) 690–1527; or e- ‘‘individual attributes’’ grading system, Needs and Uses: The information is mailed to Randle. [email protected]. similar to the U.S. grade standards for necessary to ensure that the Comments should reference the date canned green and wax beans (58 requirements of 35 USC 157 and 37 CFR and page number of this issue of the FR4295; January 14, 1993). This change 1.293–1.297 are met. The public uses Federal Register. All comments would bring the standards in line with form PTO/SB/94, Request for Statutory received will be made available for current marketing practices and Invention Registration, to request and public inspection at the above address innovations in processing techniques. In authorize publication of a regularly-filed during regular business hours (8:00 a.m. addition to these changes, the revision patent application as a statutory to 4:30 p.m.). And on the Internet. would modify the standards to present invention registration, to waive the right The current United States Standards them in a simplified easy-to-use format. to receive a United States patent on the for Grades of Frozen Field Peas and Consistent with recent revisions of other same invention claimed in the
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Code. After the Census Bureau performs our statistical requirements in written included in the request for OMB data keying and consistency editing, the instructions. approval of this information collection; data set will be provided to sworn Another concern we discussed was they also will become a matter of public Census agents representing the survey anonymity. Those businesses we record. sponsors. consulted feel that employees are more Dated: February 8, 2000. likely to return the questionnaires with High participation rates for both the Linda Engelmeier, telephone survey of employers and the accurate responses if we can assure them that the employer would not see Departmental Forms Clearance Officer, Office employee survey are crucial for of the Chief Information Officer. statistically reliable data in the NES any of the responses and would not [FR Doc. 00–3561 Filed 2–14–00; 8:45 am] 2000. We have limited participation to know if the employee had responded or 500 employers in order to keep the not. Employees are very sensitive to BILLING CODE 3510±07±P respondent burden and the costs of the access of their personal information, survey, as low as possible. However, we and we feel that good response will DEPARTMENT OF COMMERCE expect that the responses from the require that we provide assurance of employees of the 500 participating confidentiality. Census Bureau companies will be sufficient to provide Anonymity, sampling of employees, useful and representative information. and operational considerations will be Survey of Housing Starts, Sales, and The Census Bureau has discussed considered during the 60-day comment Completions survey participation with selected period and we would particularly respondents from the NES–3. Nearly all welcome any ideas or concerns on these ACTION: Proposed collection; comment of the business establishments we issues. request. contacted stated that they would III. Data SUMMARY: The Department of strongly consider participating in the Commerce, as part of its continuing survey. The businesses indicated that OMB Number: Not available. Form Number: NES 2000. effort to reduce paperwork and their decision to participate in a survey respondent burden, invites the general was primarily based on their perception Type of Review: Regular. Affected Public: Employers in public and other Federal agencies to of the usefulness of the requested business establishments with 20 or more take this opportunity to comment on information. The businesses are very employees and employees of these proposed and/or continuing information interested in the issues of the survey. establishments. collections, as required by the One business respondent said, ‘‘After Estimated Number of Respondents: Paperwork Reduction Act of 1995, all, these are our concerns, too.’’ Also, 3,000 employers and 15,000 employees. Public Law 104–13 (44 U.S.C. more 1997 respondents (employers) Estimated Time Per Response: 3506(c)(2)(A)). than in the previous two NES surveys Employers 30 minutes, Employees 20 told the interviewers that they wanted DATE: Written comments must be minutes. the results of the survey. Based on these submitted on or before April 17, 2000. Estimated Total Annual Burden ADDRESSES: Direct all written comments factors (and especially the employer Hours: 6,500 hours. concerns about these workplace issues), to Linda Engelmeier, Departmental Estimated Total Annual Cost: There is Forms Clearance Officer, Department of we expect a sufficiently high rate of the no cost to the respondent other than the employers from the NES–3 to Commerce, Room 5033, 14th and time required to complete the telephone Constitution Avenue, NW, Washington, participate in the NES 2000. interview. Employers that volunteer for We plan to rely on the employers to DC 20230 (or via the Internet at the employee survey will incur a small [email protected]). select the sample of their employees and cost in selecting the sample of distribute the questionnaires to them. employees and distributing the FOR FURTHER INFORMATION CONTACT: We will be talking to a few more questionnaires to these employees. Requests for additional information or respondents to help design an effective Respondent’s Obligation: Voluntary. copies of the information collection and comfortable operational design for Legal Authority: Title 13 United States instrument(s) and instructions should selecting employees and distributing the Code, Sections 8 and 9. be directed to G. Daniel Sansbury, materials. The Census Bureau is Census Bureau, Room 2105, FOB 4, confident in the ability of the IV. Request for Comments Washington, DC 20233–6900, (301) 457– volunteering businesses to draw a Comments are invited on: (a) Whether 1321. reliable, random sample of employees, the proposed collection of information SUPPLEMENTARY INFORMATION: based on payroll records containing the is necessary for the proper performance Social Security number (which we may of the functions of the agency, including I. Abstract instruct them to use as the selection whether the information shall have The Census Bureau conducts the criterion). practical utility; (b) the accuracy of the Survey of Housing Starts, Sales, and The survey sponsors considered two agency’s estimate of the burden Completions, also known as the Survey designs for this survey. One was to (including hours and cost) of the of Construction (SOC), to collect measure only newly hired employees proposed collection of information; (c) monthly data on new residential and address a set of issues that relate to ways to enhance the quality, utility, and construction from a sample of owners or that segment of the work force. Another clarity of the information to be builders. The Census Bureau uses the was to survey employees across the collected; and (d) ways to minimize the Computer Assisted Personal board. When we asked about limiting burden of the collection of information Interviewing (CAPI) electronic the selection to ‘‘new hires,’’ several of on respondents, including through the questionnaires SOC–QI/SF.1 and SOC– the businesses thought that would pose use of automated collection techniques QI/MF.1 to collect data on starts and a problem and recommended that we or other forms of information completions dates of construction, survey all their employees. We will technology. physical characteristics of the structure work with a few of the potential Comments submitted in response to (floor area, number of bathrooms, type respondents to determine how to impart this notice will be summarized and/or of heating system, etc.), and if
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DEPARTMENT OF COMMERCE Agreements Act (URAA). In addition, 7228.30.80.00; and 7228.30.80.50. unless otherwise indicated, all citations HTSUS subheadings are provided for International Trade Administration to the Department of Commerce’s (the convenience and customs purposes. The [A±412±810, C±412±811] Department’s) regulations are to the written description of the scope of these regulations at 19 CFR part 351 (April proceedings is dispositive. 1999). Certain Hot-Rolled Lead and Bismuth Initiation and Preliminary Results of Carbon Steel Products From the Background Changed-Circumstances Reviews and United Kingdom: Initiation and Intent To Revoke Orders Preliminary Results of Changed- On December 28, 1999, Ispat Inland Circumstances Antidumping and Inc. and Republic Technologies Pursuant to section 751(d)(1) of the Countervailing Duty Administrative International LLC (the petitioners) Act, the Department may revoke, in Reviews, Intent To Revoke Orders and requested that the Department revoke whole or in part, a countervailing or Rescind Administrative Reviews the antidumping and countervailing antidumping duty order based on a duty orders on certain hot-rolled lead review under section 751(b) of the Act AGENCY: Import Administration, and bismuth carbon steel products from (i.e., a changed circumstances review). International Trade Administration, the United Kingdom, retroactive to The Department’s regulations at 19 CFR Department of Commerce. January 1, 1994, stating that they no 351.216(d) require the Department to ACTION: Notice of initiation and longer have an interest in maintaining conduct a changed-circumstances preliminary results of changed- these orders. The petitioners represent review in accordance with 19 CFR circumstances antidumping and domestic interested parties, and are 351.221 if it decides that changed countervailing duty administrative successor companies to the petitioners circumstances sufficient to warrant a reviews, intent to revoke orders, and in the less-than-fair-value and review exist. Section 782(h)(2) of the rescind administrative reviews. countervailing duty investigations. On Act and § 351.222(g)(1)(i) of the January 5, 2000, the petitioners Department’s regulations provide that SUMMARY: In response to a request from submitted a letter substantiating their the Department may revoke an order (in the petitioners, Ispat Inland Inc. and claim that they represent more than 85 whole or in part) if it determines that Republic Technologies International percent of domestic production and producers accounting for substantially LLC, that the Department of Commerce shipments of the subject merchandise. all of the production of the domestic revoke the antidumping and On February 2, 2000, petitioners like product have no further interest in countervailing duty orders on hot-rolled amended their initial revocation the order, in whole or in part. In lead and bismuth carbon steel products request, and asked that revocation of the addition, in the event that the from the United Kingdom, we are orders be retroactive to January 1, 1995, Department concludes that expedited initiating changed-circumstances rather than to January 1, 1994. action is warranted, 19 CFR 351.221(c)(3) permits the Department to administrative reviews and issuing this Scope of the Reviews notice of preliminary results and intent combine the notices of initiation and to revoke the antidumping and The products covered by these preliminary results. countervailing duty orders retroactive to reviews are hot-rolled bars and rods of The petitioners are domestic January 1, 1995. We also intend to nonalloy or other alloy steel, whether or interested parties as defined by section rescind the ongoing antidumping and not descaled, containing by weight 0.03 771(9)(C) of the Act and 19 CFR countervailing duty reviews covering percent or more of lead or 0.05 percent 351.102(b). These parties indicated that the periods March 1, 1998, through or more of bismuth, in coils or cut they represent at least 85 percent of the February 28, 1999, and January 1, 1998, lengths, and in numerous shapes and domestic production of the domestic sizes. Excluded from the scope of this through December 31, 1998, like product to which these orders review are other alloy steels (as defined respectively. Interested parties are pertain, and thus account for by the Harmonized Tariff Schedule of invited to comment on these ‘‘substantially all’’ of the production of the United States (HTSUS) Chapter 72, preliminary results. the domestic like product. Therefore, note 1 (f)), except steels classified as based on the lack of interest by the EFFECTIVE DATE: January 1, 1995. other alloy steels by reason of domestic industry in the continued FOR FURTHER INFORMATION CONTACT: containing by weight 0.4 percent or application of the antidumping and Rebecca Trainor or Kate Johnson more of lead, or 0.1 percent or more of countervailing duty orders on certain (Antidumping); Dana Mermelstein or bismuth, tellurium, or selenium. Also hot-rolled lead and bismuth carbon steel Jon Lyons (Countervailing), Office of excluded are semi-finished steels and products from the United Kingdom, we AD/CVD Enforcement, Import flat-rolled products. Most of the are initiating these changed- Administration, International Trade products covered in these reviews are circumstances reviews. Because of the Administration, U.S. Department of provided for under subheadings pending antidumping and Commerce, 14th Street and Constitution 7213.20.00.00 and 7214.30.00.00 of the countervailing duty administrative Avenue, NW, Washington, DC 20230; HTSUS. Small quantities of these reviews, we have determined that telephone (202) 482–4007, (202) 482– products may also enter the United expedited action is warranted, and we 4929, (202) 482–3208, and (202) 482– States under the following HTSUS are combining the notices of initiation 0374, respectively. subheadings: 7213.31.30.00; and preliminary results. We have SUPPLEMENTARY INFORMATION: 7213.31.60.00; 7213.39.00.30; preliminarily determined that the 7213.39.00.60; 7213.39.00.90; petitioners’ statement of no interest in The Applicable Statute and Regulations 7213.91.30.00; 7213.91.45.00; the continuation of the orders Unless otherwise indicated, all 7213.91.60.00; 7213.99.00; constitutes changed circumstances citations to the Tariff Act of 1930, as 7214.40.00.10, 7214.40.00.30, sufficient to warrant revocation of the amended (the Act), are references to the 7214.40.00.50; 7214.50.00.10; orders in whole. We are hereby provisions effective January 1, 1995, the 7214.50.00.30, 7214.50.00.50; notifying the public of our intent to effective date of the amendments made 7214.60.00.10; 7214.60.00.30; revoke in whole the antidumping and to the Act by the Uruguay Round 7214.60.00.50; 7214.91.00; 7214.99.00; countervailing duty orders on certain
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Background effective upon publication of these final DEPARTMENT OF COMMERCE Since the publication of the results for all shipments of the subject International Trade Administration Preliminary Results, the Department merchandise entered, or withdrawn gave interested parties an opportunity to from warehouse, for consumption on or [A±588±837] comment on our findings. We received after the publication date as provided by no comments. In the preliminary section 751(a)(1) of the Act: (1) The Large Newspaper Printing Presses and results, we determined that, because cash-deposit rate for the reviewed Components Thereof, Whether questionnaires sent to Transcend, Kwan companies will be the rates listed above; Assembled or Unassembled, From How, Kwan Ta, Kuang, Everspring, and (2) for previously reviewed or Japan: Final Results of Antidumping Gingen were returned as undeliverable, investigated companies not listed above, Duty Administrative Review and Partial these companies were considered the cash-deposit rate will continue to be Rescission of Administrative Reviews ‘‘unlocated companies’’, and, in the company-specific rate published for AGENCY: Import Administration, accordance with our practice with the most recent period; (3) if the International Trade Administration, respect to companies to which we exporter is not a firm covered in this Department of Commerce. cannot send a questionnaire, we review, a prior review, or the LTFV ACTION: Notice of final results of assigned them the ‘‘all others’’ rate investigation, but the manufacturer is, antidumping duty administrative established in the less-than-fair-value the cash-deposit rate will be the rate review. (‘‘LTFV’’) investigation, which was 6.93 established for the most recent period percent. See Preliminary Results, 64 FR for the manufacturer of the SUMMARY: On October 12, 1999, the at 550234. For the remaining merchandise; and (4) if neither the Department of Commerce published the companies, in accordance with section exporter nor the manufacturer is a firm preliminary results of the administrative 776(a) of the Act, we determine that the covered in this or any previous reviews reviews of the antidumping duty order use of facts available was appropriate as or the original investigation, the cash on large newspaper printing presses and the basis for dumping margins for deposit rate will be 6.93 percent, the components thereof, whether assembled Anmax, Buxton, Chu Fong, Multigrand, ‘‘all others’’ rate established in the LTFV or unassembled, from Japan (64 FR Uniauto, Hwen, San Chien, San Shing, investigation. The deposit requirements 55243). These reviews cover Mitsubishi Wing, Trade Union, and Gourmet. shall remain in effect until publication Heavy Industries, Ltd. and Tokyo Kikai Preliminary Results, 64 FR at 55235, of the final results of the next Seisakusho, Ltd., manufacturers/ 55236. administrative review. exporters of the subject merchandise to the United States. The periods of review Final Results of Review This notice serves as a final reminder for Mitsubishi Heavy Industries, Ltd. are to importers of their responsibility We have determined that no changes September 5, 1996, through August 31, under 19 CFR 351.402(f) to file a to the preliminary results are warranted 1997, and September 1, 1997, through for purposes of these final results. The certificate regarding the reimbursement August 31, 1998. The period of review weighted-average dumping margins for of antidumping duties prior to for Tokyo Kikai Seisakusho is the period September 1, 1997, through liquidation of the relevant entries September 1, 1997, through August 31, August 31, 1998 are as follows: during this review period. Failure to 1998. We gave interested parties an comply with this requirement could opportunity to comment on the Weighted-av- result in the Department’s presumption preliminary results. Based on our Manufacturer/exporter erage margin that reimbursement of antidumping percentage analysis of the comments received and duties occurred and the subsequent the correction of certain data, the final Gourmet Equipment (Taiwan) assessment of double antidumping results differ from the preliminary Corporation ...... 10.67 duties. results. The final results for Tokyo Kikai Buxton International/Uniauto .. 10.67 This notice also serves as the only Seisakusho, Ltd. are listed below in the Chu Fong Metallic Electric Co. 10.67 ‘‘Final Results of the Review’’ section of Transcend International ...... 6.93 reminder to parties subject to San Chien Industrial Works, administrative protective order (‘‘APO’’) this notice. For the reasons stated in the Ltd ...... 10.67 of their responsibility concerning the ‘‘Partial Rescission of Reviews’’ section Anmax Industrial Co., Ltd ...... 10.67 disposition of proprietary information of this notice, we have rescinded these Everspring Plastic Corp...... 6.93 disclosed under APO in accordance reviews with respect to Mitsubishi Gingen Metal Corp...... 6.93 with 19 CFR 351.305(a)(3). Timely Heavy Industries, Ltd. Hwen Hsin Enterprises Co., notification of return/destruction of EFFECTIVE DATE: February 15, 2000. Ltd...... 10.67 APO materials or conversion to judicial Kwan How Enterprises Co., FOR FURTHER INFORMATION CONTACT: Kate Ltd...... 6.93 protective order is hereby requested. Johnson or Rebecca Trainor, Office 2, Kwan Ta Enterprises Co., Ltd. 6.93 Failure to comply with the regulations AD/CVD Enforcement Group I, Import Kuang Hong Industries Ltd. .... 6.93 and the terms of an APO is a Administration, Room B099, Multigrand Industries Inc...... 10.67 sanctionable violation. International Trade Administration, San Shing Hardware Works We are issuing and publishing this U.S. Department of Commerce, 14th Co., Ltd ...... 10.67 determination in accordance with Street and Constitution Avenue, NW, Trade Union International Inc./ Washington DC 20230; telephone: (202) Top Line ...... 10.67 sections 751(a)(1) and 777(i)(1) of the Uniauto, Inc...... 10.67 Act. 482–4929, or (202) 482–4007, respectively. Wing Tang Electrical Manu- Dated: February 9, 2000. facturing Company ...... 10.67 SUPPLEMENTARY INFORMATION: Robert S. LaRussa, The Department will issue Assistant Secretary for Import Applicable Statute and Regulations appraisement instructions directly to Administration. Unless otherwise indicated, all the Customs Service. Furthermore, the [FR Doc. 00–3556 Filed 2–14–00; 8:45 am] citations to the Act are references to the following deposit requirements will be BILLING CODE 3510±DS±M provisions effective January 1, 1995, the
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771(16)(C), which defines the foreign the basis for its foreign like product product.’’ Memorandum at 7. Contrary like product as merchandise (1) determination. TKS asserts that, in to TKS’s claim, that same memorandum produced in the same country and by discussing home market viability in its details the degree to which both the same person and of the same general NV Memorandum, the Department respondents’ home market and U.S. class or kind as the merchandise which appears to consider the terms ‘‘foreign sales of LNPPs share the same general is the subject of the investigation; (2) like product’’ and ‘‘general category of product characteristics. Id. at 5, 7. like the subject merchandise in the merchandise’’ to be interchangeable. Reflecting TKS’s own submissions, purpose for which used; and (3) which TKS asserts that it is the Department’s press configurations are described in the administering authority determines longstanding practice to make home comparable terms (e.g., roll width, cut- may reasonably be compared with the market viability determinations based off length) and each unit is described subject merchandise. TKS asserts that, on the ‘‘class or kind of merchandise’’ using the same product characteristics since there is no record evidence to rather than on the more narrow category (i.e., printing units, reel tension pasters, support this finding, the Department of ‘‘foreign like product,’’ and cites to folders, conveyance and access should determine that no foreign like the Statement of Administrative Action apparatus and computerized control product exists in the home market and (SAA) at 821–822 (‘‘the viability of a equipment). This finding is consistent base its CV profit calculation on section market will be assessed based on sales with the Department’s determination in 773(e)(2)(B) of the Act. of all merchandise subject to an the original investigation that these TKS argues that the Department’s antidumping proceeding’’). Therefore, common press characteristics provided analysis of this issue, expressed in its the Department’s reference to ‘‘foreign substantial evidence that TKS’s home September 30, 1999, Normal Value (NV) like product’’ in the memorandum is not market LNPPs could reasonably be Memorandum does not support the credible, and does not alter the fact that compared for purposed of calculating Department’s conclusion that LNPPs there is no foreign like product. TKS CV profit. As the Department explained sold in the home market were ‘‘foreign claims that the Department’s home on remand, like product’’ within the meaning of market viability analysis was in fact [w]hile the sheer number of section 771(16). First, TKS states, the based on ‘‘the same general class or kind characteristics—and the fact that each Department did not find that home of merchandise,’’ as it took into completed custom-made LNPP model market LNPPs were identical to those consideration all reported home market reflected a different mix of these sold to the United States. Rather, TKS sales. asserts, the Department found ‘‘great’’ Finally, TKS argues that, since there common characteristics—led to ITA’s physical differences in sub-component is no basis for finding that the reported determination that price-to-price specifications. Thus, TKS concludes, home market sales of LNPPs constitute comparisons were not practicable, the the Department’s foreign like product foreign like product under section fact that both respondents’ LNPP determination must have relied on 771(16) of the Act, the Department (whether sold in Japan or the United section 771(16)(C). Although the should utilize an alternative States) shared these detailed Department concludes in its NV methodology for calculating CV profit, characteristics constitutes substantial Memorandum that ‘‘the general product as provided in section 773(e)(2)(B)(i). In evidence that home market LNPP could characteristics of LNPP systems are so doing, it would not be necessary to reasonably serve as the basis for CV comparable enough for them to be exclude any below-cost home market profit. considered foreign like product,’’ TKS sales as being outside the ordinary Second Remand Determination: complains that the Department does not course of trade, in accordance with the Mitsubishi Heavy Industries, Ltd. v. reveal what ‘‘general product SAA at 841, which states that cost tests United States, Court No. 96–10–02292 characteristics’’ it considered in making are not applicable to a ‘‘general category at 12 (August 23, 1999) (‘‘Second its determination. Furthermore, TKS of merchandise.’’ Remand Determination’’).1 Similarly, in argues, this conclusion conflicts with the instant review, substantial The Department’s Position the Department’s statement in the NV evidence—in the form of TKS’s own Memorandum that there are ‘‘great’’ We disagree with TKS’s assertion that submissions describing the merchandise physical differences between home its home market sales of LNPPs are not sold in the home market—caused the market and U.S. LNPPs. TKS points out ‘‘foreign like product’’ within the Department to conclude that TKS’s that the Department’s methodology with meaning of section 771(16)(C) of the home market LNPP sales satisfied the respect to this issue is similar to that Act. First, it is uncontested that TKS’s ‘‘reasonably comparable’’ prong of the used in the less-than-fair-value (LTFV) home market LNPPs are produced in the foreign like product definition in investigation. Furthermore, the United same country (Japan) and by the same section 771(16)(C). See, e.g., TKS’s States Court of International Trade (CIT) person (TKS) and are of the same January 7, 1999, Section A response to has twice remanded to the Department general class or kind as the merchandise the Department’s questionnaire. this issue over the course of on-going which is subject to investigation. Regarding TKS’s claim that the litigation involving this case. TKS Second, it is uncontested that TKS’s Department incorrectly relied on its complains that, as in the court case, the home market LNPPs are like the subject home market viability determination as Department has failed to point to any merchandise in the purpose for which the basis for its foreign like product specific record evidence in support of used (to produce newspapers). Third, determination, TKS’s point is unclear. its determination that home market the Department has determined that TKS is incorrect that the Department LNPPs are ‘‘reasonably comparable’’ to TKS’s home market sales of LNPPs used the terms ‘‘foreign like product’’ LNPPs sold to the United States during ‘‘may reasonably be compared’’ with the and ‘‘general category of merchandise’’ the POR. Rather, the only analysis in the subject merchandise for purposes of Department’s memorandum supports calculating CV profit. As the 1 The Department also noted that product the opposite conclusion—that the two Department explained in its September brochures examined during the initial investigation are not reasonably comparable. 30, 1999 Analysis Memorandum, ‘‘the demonstrated that TKS offered the ‘‘Spectrum’’ model for sale in both the United States and Japan TKS further argues that the general product characteristics of LNPP and that the brochures were identical in their Department incorrectly relied on its systems are comparable enough for description of product characteristics. Second home market viability determination as them to be considered foreign like Remand Determination at Attachment 3.
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Margin Manufacturer/exporter Period (percent)
TKS ...... 9/1/97±8/31/98 ...... 0.00
Assessment Rates regard to antidumping duties all entries Cash Deposit Requirements of the subject merchandise during the The Department shall determine, and POR for which the importer-specific The following deposit requirements the Customs Service shall assess, assessment rate is zero or de minimis shall be effective for all shipments of the antidumping duties on all appropriate (i.e., less than 0.50 percent). subject merchandise from Japan that are entries. The Department will issue entered, or withdrawn from warehouse, appraisement instructions directly to This notice serves as a final reminder for consumption on or after the the Customs Service. For entries of to importers of their responsibility publication date of the final results of subject merchandise from TKS during under 19 CFR 351.402(f) to file a this administrative review, as provided the POR, we have calculated an certificate regarding the reimbursement for by section 751(a)(1) of the Act: (1) importer-specific assessment rate by of antidumping duties prior to the cash deposit rate for TKS will be the aggregating the dumping margins liquidation of the relevant entries rate established above in the ‘‘Final calculated for all examined sales and during this review period. Failure to Results of the Review’’ section; (2) for dividing by the entered value of those comply with this requirement could previously investigated companies not sales. This rate will be assessed result in the Secretary’s presumption listed above, the cash deposit rate will uniformly on all entries of that that reimbursement of antidumping continue to be the company-specific rate particular importer made during the duties occurred and the subsequent published for the most recent period; (3) POR. In accordance with 19 CFR assessment of double antidumping if the exporter is not a firm covered in 351.106(c)(2), we will instruct the duties. this review, or the original investigation, Customs Service to liquidate without but the manufacturer is, the cash
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Reviews, 63 FR 33,320 (June 18, 1998), Eletrosilex did not comment on this Antidumping Duty Administrative state that in calculating the CV profit issue. Review: Silicon Metal from Argentina, rate for Eletrosilex, the Department’s DOC Position: We agree with the 62 FR 5613 (February 6, 1997) (‘‘Silicon standard practice is to divide the total petitioners. We have recalculated CV Metal from Argentina’’), argue that the profit from home market sales by the profit for these final results by Department’s established practice is to total COP for home market sales. The multiplying the CV profit rate by a COP consider loans of one year or less to be petitioners argue that the Department which includes the same cost short-term. The petitioners argue that erred when calculating a weighted- components used to calculate the CV the loan agreement between Eletrosilex average CV profit rate (based on the profit rate. See, Final Calculation and Silex Trading was for more than other three respondents’ data) by Memorandum for Eletrosilex. one year; therefore the investment was dividing the total home market profit of Comment 6: General and Administrative not short-term. Further, citing the 1994– these three entities by the total home Expenses 1995 Final Review Results, the market sales revenue generated by these petitioners argue that the income three companies. The petitioners assert Eletrosilex argues that the Department derived from ‘‘loans to shareholders’’ is that the Department should have used erred in rounding Eletrosilex’s G&A similar to charges applied to late the three respondents’ total COP as the ratio when calculating COP and CV. For payments by customers and should be denominator in this calculation. the final results, Eletrosilex argues that viewed as sales revenue, not as an offset In addition, the petitioners state that the Department should use the G&A to financial expenses. Additionally, the the Department used an understated ratio, as rounded to two digits past the petitioners argue that the Department’s amount for total home market sales decimal points. established practice is to offset financial revenue for CBCC when calculating a The petitioners did not comment on expense with income derived from weighted-average profit rate to apply to this issue. short-term investments of working Eletrosilex. Therefore, for the final DOC Position: We agree with the capital. See, 1996–1997 Final Review results, the petitioners assert that the Eletrosilex and for the final results Results, 64 FR 6305. The petitioners Department should correct the calculations have used a G&A ratio argue that the loan agreement between understatement of CBCC’s profit. rounded to two decimal places. See, Eletrosilex and Silex Trading is not a Eletrosilex did not comment on this Final Calculation Memorandum for short-term investment of working issue. Eletrosilex. capital because Eletrosilex allows Silex DOC Position: For these final review Comment 7: Offsets to Financial Trading to retain funds collected on results, we are unable to derive actual Expense Eletrosilex’s receivables. The petitioners profit based on home market sales for argue that because the collected funds Eletrosilex because all of its home Eletrosilex argues that the Department were not received by Eletrosilex, they market sales were below cost. Therefore, should not have denied ‘‘loans to never became a part of Eletrosilex’s as in the Preliminary Review Results, 64 shareholders’’ as a financial revenue working capital. FR 43165, in accordance with section offset to financial expenses. Eletrosilex DOC Position: The Department’s 773(e)(2)(B)(ii) of the Act, we calculated states that its ‘‘loans to shareholders’’ practice is to compute net interest profit for Eletrosilex by using the account contains short-term interest expense on a consolidated basis. weighted-average profit rate realized by payments from Silex Trading. Respondent has explained that it does the other respondents in this review. Eletrosilex states that because Silex not prepare audited consolidated However, we agree with the petitioners Trading arranges letters of credit for financial statements in the ordinary that we erred in our preliminary Eletrosilex’s third-country sales, the course of business. However, in calculations. Therefore, we have payment goes directly to Silex Trading. response to a request by the Department, recalculated the CV profit rate for Eletrosilex explains that Silex Trading it prepared a worksheet consolidating Eletrosilex by dividing total profit from then sends the payment to Eletrosilex Eletrosilex’s financial data with that of home market sales of the three and the delay in payment is viewed as its parent, Silex Trading. See, Comment remaining respondents by total COP of a short-term loan on which Silex 2 above. In preparing these consolidated home market sales for those respondents Trading pays Eletrosilex interest. results, the Department instructed and applying that rate to Eletrosilex’s Eletrosilex argues that the short-term Eletrosilex to eliminate transactions total COP. In addition, we have nature of this loan is evidenced in a between consolidating entities. corrected our preliminary error with Mutual Loan Agreement (‘‘Agreement’’) Eletrosilex prepared its consolidated respect to CBCC’s sales revenue in the entered into by Eletrosilex and Silex worksheet in accordance with the calculation of the three respondents Trading. The Agreement provides that Department’s instructions. Because the total home market revenues. See, Final the interest charges be calculated interest income item at issue results Calculation Memorandum for monthly, the current account balance be from transactions between Eletrosilex Eletrosilex. adjusted and reviewed quarterly and and its parent and these transactions that the debt balance be fully paid at the were eliminated in Eletrosilex’s Comment 5: Proper Profit Amount expiration of the one year agreement. consolidation worksheets, the issue of The petitioners, citing Certain Cold- Therefore, for these final results, whether to include this interest income Rolled and Corrosion-Resistant Carbon Eletrosilex argues that the ‘‘loans to as an offset to the interest expense Steel Flat Products from Korea Final shareholders’’ item should have been calculation is moot. Results of Antidumping Duty granted as an offset to its financial Administrative Reviews, 62 FR 18404 expenses. Comment 8: Offsets to COM (April 15, 1997), argue that the The petitioners argue that the Eletrosilex states that its ‘‘interest on Department erred in its calculation of Department correctly denied the offset trade bills’’ account contains interest on CV profit by multiplying the weighted- to Eletrosilex’s financial expenses late payments by customers who average CV profit rate times a COP that because the investment income derived purchased by-products from Eletrosilex. fails to include the same cost from ‘‘loans to shareholders’’ was not Eletrosilex argues that because the components used to calculate the CV short-term. The petitioners, citing the Department denied the offset to profit rate. Notice of Final Results of the 1992/93 financial expenses for ‘‘interest on trade
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Negotiation of Comprehensive Small level that, during the preceding fiscal IV. Elements of the Comprehensive Business Subcontracting Plans (the year: Small Business Subcontracting Plan Program) to determine whether the use 1. Were performing under at least A. The comprehensive small business of comprehensive subcontracting plans three DoD prime contracts; furnished subcontracting plan shall address each on a corporate, division, or plant-wide supplies or services (including of the 11 elements set forth in paragraph basis would increase subcontracting professional services) to DoD, engaged (d) of the clause at FAR 52.219–9, opportunities for small business in research and development for DoD, or ‘‘Small Business Subcontracting Plan.’’ concerns. DoD amended the Program to performed construction for DoD; and 1. The subcontracting plan, implement the requirements of Section were paid $5,000,000 or more for such percentage and corresponding dollar 822 of the National Defense contract activities; and goals for awards to small business, Authorization Act for Fiscal Year 1998 2. Achieved a small disadvantaged HUBZone small business, small (Public Law 105–85). The amendments business (SDB) subcontracting disadvantaged business and women- (1) provide for subcontracts that are participation rate of 5 percent or more owned small business concerns shall be awarded by participating contractors during the preceding fiscal year. developed by the contractor for its performing as subcontractors, under However, this requirement does not entire business operation in support of DoD contracts, to be included in apply to the eight original contractors all DoD contracts and subcontracts comprehensive small business accepted into the Program. under DoD contracts regardless of dollar subcontracting plans, and (2) to cover Additionally, a large business with an value. the HUBZone Act of 1997 SDB subcontracting participation rate of 2. Participating contractors shall implementation in the Federal less than 5 percent during the preceding include separate specific goals and Acquisition Regulation (FAR), which fiscal year may request, through the timetables for the awarding of results in the addition of HUBZone designated contracting activity, to subcontracts in two industry categories small businesses to the categories of participate in the Program if the firm which have not historically been made small business concerns that must be submits a detailed plan with milestones available to small business and small addressed by comprehensive small leading to attainment of at least a 5 disadvantaged business concerns. These business subcontracting plans. percent SDB subcontracting industry categories will be The revised test plan is as follows: participation rate by September 30, recommended by the contractor and 2005. approved by the contracting officer. Test Program for Negotiation of C. Contractors selected for Subcontract awards made in support of Comprehensive Small Business the specific industry categories shall Subcontracting Plans participation shall: 1. Be eligible in accordance with also count towards attainment of the I. Purpose paragraph III(B); overall small business and small disadvantaged business goals. This document implements Section 2. Establish their comprehensive subcontracting plans on the same 3. The subcontracting plan shall set 834 of Public Law 101–189, the National forth the prime contractor’s actions to Defense Authorization Act for Fiscal corporate, division or plant-wide basis under which they submitted the publicize prospective subcontract Years 1990 and 1991, as amended. The opportunities for small business, primary purpose of the Comprehensive Standard Form (SF) 295 during the preceding fiscal year, except that a HUBZone small business, small Small Business Subcontracting Plan disadvantaged business and women- Test Program (the Program) is to division or plant that historically reported through a higher-level division, owned small business concerns. determine whether the negotiation and B. Subcontracting plans to be but would meet the criteria of paragraph administration of comprehensive small established under the Program shall be III(B)(2), shall be permitted to business subcontracting plans will submitted each year by participating participate in the Program if the lower- reduce administrative burdens on contractors to the designated contracting level division, plant or profit center can contractors while enhancing officer 45 days prior to the end of the demonstrate a 5 percent or greater subcontracting opportunities for small Government’s fiscal year (September subcontract performance level with SDB business concerns and small business 30). However, new contractors concerns; concerns owned and controlled by requesting participation under the socially and economically 3. Have reported to DoD on the SF 295 Program shall submit subcontracting disadvantaged individuals under for the previous fiscal year, except as plans to the contracting officer as far in Department of Defense (DoD) contracts. provided in paragraph III(C)(2); advance as possible to the beginning of 4. Accept an SDB goal for each fiscal II. Authority the fiscal year in which the contractor year of not less than 5 percent, or an proposes to participate. The Program is established pursuant SDB goal that is in accordance with the to Section 834 of the National Defense milestone established under paragraph V. Procedures Authorization Act for Fiscal Years 1990 III(B)(2); A. The Service Acquisition Executive and 1991, as amended. 5. Comply with the requirements of within each military department and Defense Federal Acquisition Regulation defense agency having contractors that III. Program Requirements Supplement (DFARS) Subpart 215.3 for meet the requirements of paragraphs A. The Program shall be conducted source selection purposes; III(B) and (C) shall designate at least from October 1, 1990, through 6. Offer a broad range of three but not more than five contracting September 30, 2005. subcontracting opportunities; activities to participate in the Program. B. The selection of contractors for 7. Voluntarily agree to participate; In selecting the contracting activities to participation in the Program shall be in and participate in the Program, the Service accordance with Section 811(b)(3) of the 8. Have at least one active contract Acquisition Executive shall ensure that National Defense Authorization Act For that requires a subcontracting plan at the designated activities cover a broad Fiscal Year 1996, Public Law 104–106. the designated DoD buying activity range of supplies and services. Eligible contractors are large business responsible for negotiating the B. The designated contracting activity concerns at the major (total) corporate Comprehensive Subcontracting Plan. will accomplish the following:
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1. With the coordination of the officer to issue a comprehensive change the Program receiving a DoD Director, Office of Small and order, which modifies all of the subcontract in excess of $500,000 Disadvantaged Business Utilization, for contractor’s active DoD contracts that ($1,000,000 for construction) are their military department or defense include subcontracting plans. The required to adopt a plan similar to that agency, select as many eligible prime modification will substitute the mandated by the clause at FAR 52.219– contractors (at least five) for contractor’s approved comprehensive 9. Participating contractors are participation under the Program as subcontracting plan for the individual prohibited from flowing down the deemed appropriate. plans, will substitute the clause at ‘‘Comprehensive’’ subcontracting 2. Establish a ‘‘Comprehensive Small DFARS 252.219–7004 for the clause at deviation provisions of DFARS Business Subcontracting Plan’’ FAR 52.219–9, and will delete the 252.219–7004. Accordingly, large negotiating team(s) composed as clauses at FAR 52.219–10 and 52.219– business subcontractors to the follows: 16 and DFARS 252.219–7003 and participating contractors who a. A contracting officer(s) who will be 252.219–7005, as appropriate. themselves are not participating in the responsible for negotiation and approval 7. Review annually, with the contract Program shall be required to establish of the comprehensive subcontracting administration activity, the contractor’s individual subcontracting plans with plan(s) as well as the responsibilities at performance under the plan. Document specific goals for awards to small FAR 19.705. the review findings and distribute, in business, small disadvantaged business b. The contracting activity’s Small accordance with paragraph VI(A), and women-owned small business and Disadvantaged Business Utilization within 45 days of the end of the fiscal concerns. Specialist. year. 5. Upon expulsion from the Program c. The Small and Disadvantaged 8. By November 15 of the year after or Program termination on September Business Utilization Specialist of the acceptance, and annually thereafter, 30, 2005, shall negotiate and establish cognizant contract administration determine whether the contractor has individual subcontracting plans on all activity that administers the met its comprehensive subcontracting future DoD contracts that otherwise preponderance of the selected prime goals. If the goals have not been met, meet the requirements of Section 211 of contractor’s contracts and/or the determine whether there is any Public Law 95–507. appropriate individual who will indication that the contractor failed to administer contractor performance make a good faith effort and take VI. Monitoring and Reporting of under the test in accordance with FAR appropriate action. Comprehensive Subcontracting Plans 19.706 and the provisions herein. 9. By December 15, 2005, prepare and and Goals d. Production specialist, price analyst submit a report on each participating A. Upon negotiation and acceptance and other functional specialists as contractor’s performance which details of comprehensive subcontracting plans appropriate. the results of the Program. The report and goals, the designated activity shall C. The designated contracting officer must compare the contractor’s immediately forward one copy of the shall: performance under the Program with its plan to each of the following: 1. Encourage prime contractors performance for the three fiscal years 1. Director, Office of Small and interested in participating in the prior to acceptance into the Program. Disadvantaged Business Utilization, program to enter the program on a plant The report distribution will be in Office of the Deputy Under Secretary of or facility basis. accordance with paragraph VI(A). Defense (Acquisition, Technology and 2. Solicit proposed comprehensive D. Participating contractors: Logisitcs), 1777 North Kent Street, Suite subcontracting plans from selected 1. Shall establish their comprehensive 9100, Arlington, VA 22209. contractor(s) as soon as possible and by subcontracting plans on the same 2. Director, Small and Disadvantaged July 1, annually thereafter. corporate, division or plant-wide basis Business Utilization, for the military 3. By October 1, and annually under which they submitted the SF 295 department or defense agency of the thereafter, review, negotiate and during the preceding fiscal year, except activity that negotiated and accepted the approve on behalf of DoD a that those contractors that historically comprehensive subcontracting plan. comprehensive subcontracting plan for reported through a higher headquarters 3. The cognizant contract each selected contractor. can elect to participate as a separate administration office. 4. Distribute copies of the approved (lower-level) reporting profit center, B. Each participating contractor shall subcontracting plan in accordance with plant or division if the contractor complete the SF 295 ‘‘Summary paragraph VI(A). achieved an SDB subcontracting Subcontract Report’’ in accordance with 5. Upon negotiation and acceptance of performance rate of 5 percent or greater the instructions on the back of the form the comprehensive subcontracting plan, in the preceding fiscal year. on a semi-annual basis, except as noted obtain from the contractor: 2. Upon negotiation of an acceptable below: a. A listing of all active DoD contracts comprehensive subcontracting plan, 1. One copy of the SF 295 and that contain individual subcontracting shall be exempt from individual attachments shall be submitted to plans required by Section 211 of Public contract-by-contract reporting Director, Office of Small and Law 95–507. requirements for DoD contracts and Disadvantaged Business Utilization, b. The listing shall include the subcontracts under DoD contracts Office of the Deputy Under Secretary of following: unless otherwise required in accordance Defense (Acquisition, Technology and i. Contract number. with paragraph III(C)(5). Logistics), 1777 North Kent Street, Suite ii. Name and address of the 3. Shall continue individual contract 9100, Arlington, VA 22209. contracting activity. reporting on non-DoD contracts. 2. Participating contractors shall enter iii. Contracting officer’s name and 4. Shall comply with the flow-down in Item 14 Remarks block the annual phone number. provisions of Section 211 of Public Law corporate, division or plant-wide small 6. Upon receipt of the information 95–507 for large business subcontractors business, small disadvantaged business provided by the participating contractor which are not participating in the and women-owned small business under paragraph V(C)(4), direct the Program. Consequently, large business percentage and corresponding dollar designated administrative contracting concerns which are not participating in goals.
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3. Participating contractors shall also proposed information collection or to Finance and Accounting Service enter separately in Item 14 the obtain a copy of the proposal and announces the proposed public percentage and corresponding dollar associated collection instruments, information collection and seeks public goals for each of the two selected please write to the above address, or call comment on the provisions thereof. industry categories (see paragraph Jo Westberg, 303–676–8754. Comments are invited on: (a) Whether IV(A)(2)). Title, Associated Form, and OMB the proposed collection of information 4. Participating contractors shall also Number: Physician Certificate for Child is necessary for the proper performance enter separately in Item 14 on a semi- Annuitant. of the functions of the agency, including annual cumulative basis the percentage Needs and Uses: This form is required whether the information shall have and corresponding dollar amount of and must be on file to support an practical utility; (b) the accuracy of the subcontract awards made in each of the incapacitation occurring prior to age 18. agency’s estimate of the burden of the two selected industry categories. The form provides the authority for the proposed information collection; (c) 5. Participating contractors shall be Directorate of Annuity Pay, Defense ways to enhance the quality, utility and exempt from the completion of SF 294 Finance and Accounting Service— clarity of the information to be ‘‘Subcontract Report For Individual Denver Center (DFAS–DE/FRB) to collected; and (d) ways to minimize the Contracts’’ for DoD contracts during establish and pay a Retired burden of the information collection on their participation in the Program. Serviceman’s Family Protection Plan respondents, including through the use Dated: February 9, 2000. (RSFPP) or Survivor Benefit Plan (SBP) of automated collection techniques or L.M. Bynum, annuity to the incapacitated individual. other forms of information technology. Affected Public: Incapacitated child Alternate OSD Federal Register Liaison DATES: Consideration will be given to all annuitants, and/or their legal guardians, Officer, DoD. comments received by April 17, 2000. [FR Doc. 00–3422 Filed 2–14–00; 8:45 am] custodians and legal representatives. ADDRESSES: Written comments and BILLING CODE 5001±10±U Annual Burden Hours: 240 hours. Number of Respondents: 120. recommendations on the proposed Responses per Respondent: 1. information collection should be sent to DEPARTMENT OF DEFENSE Average Burden per Response: 2 the Cleveland Center, Defense Finance hours. and Accounting Service, DFAS–CL/G, Office of the Secretary Frequency: On occasion. ATTN: Ms. Sharon Winn, 1240 East SUPPLEMENTARY INFORMATION: Ninth Street, Cleveland, OH 44199– Proposed Collection; Comment 2055. Request Summary of Information Collection The form will be used by the FOR FURTHER INFORMATION CONTACT: To AGENCY: Defense Finance and request more information on this Accounting Service. Directorate of Annuity Pay, Defense Finance and Accounting Service— proposed information collection or to ACTION: Notice. Denver Center (DFAS–DE/FRB), in order obtain a copy of the proposal and associated collection instruments, SUMMARY: In compliance with Section to establish and start the annuity for a please write to the above address, or call 3506(c)(2)(A) of the Paperwork potential child annuitant. When the Ms. Sharon Winn, 216–522–5396. Reduction Act of 1995, the Defense form is completed, it will serve as a Finance and Accounting Service medical report to substantiate a child’s Title, Associated Form, and OMB announces the proposed public incapacity. The law requires that an Number: Application for Trusteeship. information collection and seeks public unmarried child who is incapacitated Needs and Uses: This form is used to comment on the provisions thereof. must provide a current certified medical apply for appointment of trusteeship for Comments are invited on: (a) Whether report. When the incapacity is not a mentally incompetent member of the the proposed collection of information permanent a medical certification must uniformed services. Pursuant to 37 is necessary for the proper performance be received by DFAS–DE/FRB every two U.S.C. 602–604. of the functions of the agency, including years in order for the child to continue Affected Public: Individuals. whether the information shall have receiving annuity payments. Annual Burden Hours: 12.5 hours. practical utility; (b) the accuracy of the Dated: February 9, 2000. Number of Respondents: 50. agency’s estimate of the burden of the Patricia L. Toppings, Responses per Respondent: 1. proposed information collection; (c) Alternate OSD Federal Register Liaison ways to enhance the quality, utility and Average Burden per Response: 15 Officer, Department of Defense. minutes. clarity of the information to be [FR Doc. 00–3413 Filed 2–14–00; 8:45 am] collected; and (d) ways to minimize the Frequency: On occasion. BILLING CODE 5001±10±M burden of the information collection on SUPPLEMENTARY INFORMATION: respondents, including through the use Summary of Information Collection of automated collection techniques or DEPARTMENT OF DEFENSE other forms of information technology. When members of the uniformed DATES: Consideration will be given to all Office of the Secretary services are declared mentally comments received by April 17, 2000. incompetent, the need arises to have a Proposed Collection; Comment ADDRESSES: Written comments and trustee appointed to act on their behalf Request recommendations on the proposed with regard to military pay matters. information collection should be sent to AGENCY: Defense Finance and Individuals will complete this form to the Denver Center, Defense Finance and Accounting Service. apply for appointment as a trustee on Accounting Service, DFAS–DE/FRS, ACTION: Notice. behalf of the member. The requirement ATTN: Jo Westberg, 6760 E. Irvington to complete this form helps alleviate the Place, Denver, CO 80279. SUMMARY: In compliance with Section opportunity for fraud, waste and abuse FOR FURTHER INFORMATION CONTACT: To 3506(c)(2)(A) of the Paperwork of Government funds and member’s request more information on this Reduction Act of 1995, the Defense benefits.
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Dated: February 9, 2000. Average Burden per Response: 30 benefits offered by joining the Army Patricia L. Toppings, minutes. versus pursuing continued education or Alternate OSD Federal Register Liaison Frequency: On occasion. taking a job in the civilian sector; the Officer, Department of Defense. SUPPLEMENTARY INFORMATION: aspirations for these youth held by their [FR Doc. 00–3414 Filed 2–14–00; 8:45 am] key influencers; and these influencers’ Summary of Information Collection BILLING CODE 5001±10±M perceptions of the opportunities to When members of the uniformed realize those aspirations in the Army services are declared mentally versus other settings. The information DEPARTMENT OF DEFENSE incompetent, the need arises to have a will be used to design the right trustee appointed to act on their behalf enlistment/career options, media Office of the Secretary with regard to military pay matters. campaign, and recruiting strategy. The Trustees will complete this form to survey will be administered to a Proposed Collection; Comment report the administration of the funds national probability sample of youth, 16 Request received on behalf of the member. The to 24 years of age. A shorter interview AGENCY: Defense Finance and requirement to complete this form helps with one of the respondent’s parents Accounting Service. alleviate the opportunity for fraud, will be completed. ACTION: Notice. waste and abuse of Government funds Affected Public: Individuals or and member’s benefits. Households. SUMMARY: In compliance with Section Dated: February 9, 2000. Frequency: One-time. 3506(c)(2)(A) of the Paperwork Patricia L. Toppings, Respondent’s Obligation: Voluntary. Reduction Act of 1995, the Defense OMB Desk Officer: Mr. Edward C. Finance and Accounting Service Alternate OSD Federal Register Liaison Officer, Department of Defense. Springer. announces the proposed public Written comments and [FR Doc. 00–3415 Filed 2–14–00; 8:45 am] information collection and seeks public recommendations on the proposed comment on the provisions thereof. BILLING CODE 5001±10±M information collection should be sent to Comments are invited on: (a) Whether Mr. Springer at the Office of the proposed collection of information DEPARTMENT OF DEFENSE Management and Budget, Desk Officer is necessary for the proper performance for DoD, Room 10236, New Executive of the functions of the agency, including Office of the Secretary Office Building, Washington, DC 20503. whether the information shall have DOD Clearance Officer: Mr. Robert practical utility; (b) the accuracy of the Submission for OMB Review; Cushing. agency’s estimate of the burden of the Comment Request Written requests for copies of the proposed information collection; (c) information collection proposal should ways to enhance the quality, utility and ACTION: Notice. be sent to Mr. Cushing, WHS/DIOR, clarity of the information to be 1215 Jefferson Davis Highway, Suite The Department of Defense will collected; and (d) ways to minimize the 1204, Arlington, VA 22202–4302, or by submit to OMB for emergency burden of the information collection on fax at (703) 604–6270. Requests for the processing, the following proposal for respondents, including through the use collection proposal should include an e- collection of information under the of automated collection techniques or mail address, if possible. Due to the provisions of the Paperwork Reduction other forms of information technology. length of the survey instruments, we Act (44 U.S.C. Chapter 35). DATE: Consideration will be given to all Title and OMB Number: Army will provide the surveys as attachments comments received by April 17, 2000. Recruiting Market Segmentation Survey; to an e-mail, although a paper copy will ADDRESSES: Written comments and OMB Number 0702–[To Be be provided as necessary. recommendations on the proposed Determined]. Dated: February 9, 2000. information collection should be sent to Type of Request: New Collection; Patricia L. Toppings, the Cleveland Center, Defense Finance Emergency processing requested with a Alternate OSD Federal Register Liaison and Accounting Service, DFAS–CL/G, shortened public comment period Officer, Department of Defense. ATTN: Ms. Sharon Winn, 1240 East ending February 22, 2000. An approval [FR Doc. 00–3416 Filed 2–14–00; 8:45 am] Ninth Street, Cleveland, OH 44199– date of February 29, 2000, has been BILLING CODE 5001±10±M 2055. requested. FOR FURTHER INFORMATION CONTACT: To Number of Respondents: 15,000. request more information on this Responses per Respondent: 1. DEPARTMENT OF DEFENSE proposed information collection or to Annual Responses: 15,000. obtain a copy of the proposal and Average Burden per Response: 27 Office of the Secretary minutes (approximately). associated collection instruments, [Transmittal No. 00±24] please write to the above address, or call Annual Burden Hours: 6,667. Ms. Sharon Winn, 216–522–5396. Needs and Uses: This collection of 36(b)(1) Arms Sales Notification Title, Associated Form, and OMB information is needed to comply with Number: Trustee Report. Sections 115 and 503 of Title 10, United AGENCY: Department of Defense, Defense Needs and Uses: This form is used to States Code. To inform and guide its Security Cooperation Agency. report on the administration of the redesigned marketing and recruiting ACTION: Notice. funds received on behalf of a mentally campaigns, the Army will collect new incompetent member of the uniformed information on the broad set of factors SUMMARY: The Department of Defense is services. Pursuant to 37 U.S.C. 602–604. that affect youth attitudes and publishing the unclassified text of a Affected Public: Individuals. willingness to enter the Army. These section 36(b)(1) arms sales notification. Annual Burden Hours: 150 hours. factors include youth’s aspirations for This is published to fulfill the Number of Respondents: 300. their education, jobs, and careers; their requirements of section 155 of P.L. 104– Responses per Respondent: 1. perceptions of the opportunities and 164 dated 21 July 1996.
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FOR FURTHER INFORMATION CONTACT: Ms. Representatives, Transmittal 00–24 with Dated: February 8, 2000. J. Hurd, DSCA/COMPT/RM, (703) 604– attached transmittal and policy L.M. Bynum, 6575. justification. Alternate OSD Federal Register Liaison The following is a copy of a letter to Officer, Department of Defense. the Speaker of the House of BILLING CODE 5001±10±M
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[FR Doc. 00–3418 Filed 2–14–00; 8:45 am] BILLING CODE 5001±10±C
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DEPARTMENT OF DEFENSE SUMMARY: The Department of Defense is The following is a copy of a letter to publishing the unclassified text of a the Speaker of the House of Office of the Secretary section 36(b)(1) arms sales notification. Representatives, Transmittal 00–25 with This is published to fulfill the attached transmittal and policy [Transmittal No. 00±25] requirements of section 155 of Pub. L. justification. 36(b)(1) Arms Sales Notification 104–164 dated 21 July 1996. Dated: February 8, 2000. FOR FURTHER INFORMATION CONTACT: L.M. Bynum, AGENCY: Ms. Department of Defense, Defense Alternate OSD Federal Register Liaison Security Cooperation Agency. J. Hurd, DSCA/COMPT/RM, (703) 604– 6575. Officer, Department of Defense. ACTION: Notice. BILLING CODE 5001±10±M
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[FR Doc. 00–3419 Filed 2–14–00; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001±10±C the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittal 00–26 with publishing the unclassified text of a attached transmittal, policy justification DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. and Sensitivity of Technology. Office of the Secretary This is published to fulfill the Dated: February 8, 2000. requirements of section 155 of Pub. L. L.M. Bynum, [Transmittal No. 00±26] 104–164 dated 21 July 1996. Alternate OSD Federal Register Liaison 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Officer, Department of Defense. J. Hurd, DSCA/COMPT/RM, (703) 604– AGENCY: Department of Defense, Defense BILLING CODE 5001±10±M 6575. Security Cooperation Agency.
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[FR Doc. 00–3420 Filed 2–14–00; 8:45 am] BILLING CODE 5001±10±C
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DEPARTMENT OF DEFENSE SUMMARY: The Department of Defense is The following is a copy of a letter to publishing the unclassified text of a the Speaker of the House of Office of the Secretary section 36(b)(1) arms sales notification. Representatives, Transmittal 00–27 with This is published to fulfill the attached transmittal and policy [Transmittal No. 00±27] requirements of section 155 of Pub. L. justification. 36(b)(1) Arms Sales Notification 104–164 dated 21 July 1996. Dated: February 8, 2000. FOR FURTHER INFORMATION CONTACT: L.M. Bynum, AGENCY: Ms. Department of Defense, Defense Alternate OSD Federal Register Liaison Security Cooperation Agency. J. Hurd, DSCA/COMPT/RM, (703) 604– 6575. Officer, Department of Defense. ACTION: Notice. BILLING CODE 5001±10±M
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[FR Doc. 00–3421 Filed 2–14–00; 8:45 am] BILLING CODE 5001±10±C
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DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE respondents within the USAF Museum System Volunteer Program. Office of the Secretary Department of the Air Force Affected Public: General population civilian, active and retired military Meeting of the Advisory Panel To Proposed Collection; Comment individuals. Assess the Capabilities for Domestic Request Annual Burden Hours: 68 hours. Response to Terrorist Attacks Number of Respondents: 271 per AGENCY: United States Air Force (USAF) annum. Involving Weapons of Mass Museum System; DoD. Destruction Responses per Respondent: 1. ACTION: Notice. Average Burden per Response: 15 minutes. ACTION: Notice of meeting. In compliance with Section Frequency: One time only. 3506(c)(2)(A) of the Paperwork SUPPLEMENTARY INFORMATION: SUMMARY: This notice sets forth the Reduction Act of 1995, the United schedule and summary agenda for the States Air Force Museum System Summary of Information Collection next meeting of the Panel to Assess the announces the proposed revision of a Respondents are individuals Capabilities for Domestic Reponse to currently approved public information expressing an interest in participating in Terrorist Attacks Involving Weapons of collection and seeks public comment on the USAF Museum System Volunteer Mass Destruction. While a small portion the provisions thereof. Comments are Program authorized by 10 U.S.C. 81, of the meeting will be open to the invited on: (a) whether the proposed Section 1588 and regulated by Air Force public, the bulk of the meeting will be collection of information is necessary Instruction (AFI) 84–103. AFI 84–103, closed due to the need to discuss for the proper performance of the paragraph 3.5.3 requires the use of AF classified information, consistent with 5 functions of the agency, including Form 3569. AF Form 3569 provides the U.S.C. Appendix II, Section 10(d) and 5 whether the information shall have most expedient means to secure basic U.S.C. 552b(c)(1). Notice of this meeting practical utility; (b) the accuracy of the personal information (i.e., name, is required under the Federal Advisory agency’s estimate of the burden of the telephone number, address and Committee Act. (Pub. L. 92–463). proposed information collection; (c) experience pursuant to USAF Museum ways to enhance the quality, utility and System Volunteer Program DATE: March 29, 2000. clarity of the information to be requirements) to be employed solely by ADDRESS: The Pentagon, Room 2E 527, collected; and (d) ways to minimize the the USAF Museum System Volunteer Washington, DC. burden of the information collection on Program to recruit, evaluate and make respondents, including through the use work assignment decisions. AF Form PROPOSED SCHEDULE AND AGENDA: Panel of automated collection techniques or 3569 is the only instrument that exists to Assess the Capabilities for Domestic other forms of information technology. which facilitates this purpose. The Response to Terrorist Attacks Involving DATES: Consideration will be given to all USAF Museum Volunteer Program is an Weapons of Mass Destruction will meet comments received by April 17, 2000. integral function in the operation of the in closed session from 9:00 a.m. until ADDRESSES: Written comments and USAF Museum System. Volunteers 4:45 p.m. on March 29, 2000. The recommendations on the proposed provide valuable time, incalculable meeting will be open for public from information collection should be sent to talent, skill and knowledge of USAF 4:45 p.m. until 5:00 p.m. The closed the United States Air Force Museum, aviation history so that all visitors to the portion of the meeting will include 1100 Spaatz Street, Wright-Patterson many USAF Museum System facilities classified briefings on the threat of AFB, OH 45433–7192, ATTN: Ms. throughout the United States may enjoy domestic WMD terrorist attacks and on Bonnie Holtmann, Volunteer Services the important contribution of USAF response capabilities. Time will be Administrator. historical heritage. allocated as noted for public comments by individuals or organizations. FOR FURTHER INFORMATION CONTACT: To Janet A. Long, request more information on this Air Force Federal Register Liaison Officer. FOR FURTHER INFORMATION: RAND proposed information collection or to [FR Doc. 00–3427 Filed 2–14–00; 8:45 am] provides information about this Panel obtain a copy of the proposal and BILLING CODE 5001±05±U on its web site at http://www.rand.org/ associated collection instruments, organization/nsrd/terrpanel; it can also please write to the above address, or call be reached at (202) 296–5000 extension the Volunteer Services Office at (937) DEPARTMENT OF DEFENSE 5282. Public comment presentations 255–8099, extension 313. will be limited to two minutes each and Title, Associated Form, and OMB Department of the Air Force must be provided in writing prior to the Number: USAF Museum System Air University Board of Visitors meeting. Mail written presentations and Volunteer Application/Registration, Air Meeting requests to register to attend the open Force Form (AF) 3569, September 1997, public session to: Priscilla Schlegel, OMB Number 0701–0127. The Air University Board of Visitors RAND, 1333 H Street, NW, Washington, Needs and Uses: The information will hold an open meeting on April 16– DC 20005. Public seating for this collection requirement is necessary to 19, 2000, with the first business session meeting is limited, and is available on provide: (a) the general public an beginning at 8:00 a.m. in the Air a first-come, first-served basis. instrument to interface with the USAF University Conference Room at Museum System Volunteer Program; (b) Dated: February 8, 2000. Headquarters Air University, Maxwell the USAF Museum System the means Air Force Base (AFB), Alabama (5 seats L.M. Bynum, with which to select respondents available). OSD Federal Register Liaison Officer, pursuant to the USAF Museum System The purpose of the meeting is to give Department of Defense. Volunteer Program. The primary uses of the board an opportunity to review Air [FR Doc. 00–3417 Filed 2–14–00; 8:45 am] the information collection includes the University educational programs and to BILLING CODE 5001±10±M evaluation and placement of present to the Commander, a report of
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Tentative Agenda: Agenda will the meeting to facilitate the orderly ACTION: Notice of Orders. include discussions of the following: conduct of business. Public comment Thursday, March 9, 2000, and Friday, will follow the 10-minute rule. SUMMARY: The Office of Fossil Energy March 10, 2000. Minutes: The minutes of the meeting (FE) of the Department of Energy gives • Discussion of Department of Energy will be available for public review and notice that it has issued Orders granting, High Energy Physics Programs copying within 30 days at the Freedom amending and vacating natural gas, • Discussion of National Science of Information Public Reading Room; including liquefied natural gas, import Foundation Elementary Particle Physics Room 1E–190; Forrestal Building; 1000 and export authorizations. Program Independence Avenue, S.W.; • Report on Fermi National Washington, D.C., between 9:00 a.m. These Orders are summarized in the Accelerator Laboratory Programs and 4:00 p.m., Monday through Friday, attached appendix and may be found on • Discussion of High Energy Physics except Federal holidays. the FE web site at http: // University Programs www.fe.doe.gov., or on the electronic • Reports on and Discussion of U.S. Issued at Washington, D.C. on February 10, 2000. bulletin board at (202) 586–7853. They Large Hadron Collider Activities • Rachel M. Samuel, are also available for inspection and Reports on and Discussions of copying in the Office of Natural Gas & Topics of General Interest in High Deputy Advisory Committee Management Officer. Petroleum Import & Export Activities, Energy Physics Docket Room 3E-033, Forrestal • Public Comment (10-minute rule) [FR Doc. 00–3550 Filed 2–14–00; 8:45 am] Public Participation: The meeting is BILLING CODE 6450±01±P Building, 1000 Independence Avenue, open to the public. If you would like to SW., Washington, DC 20585, (202) 586– file a written statement with the Panel, 9478. The Docket Room is open between you may do so either before or after the DEPARTMENT OF ENERGY the hours of 8:00 a.m. and 4:30 p.m., meeting. If you would like to make oral [FE Docket Nos. 86±53±NG, 00±03±NG; 99± Monday through Friday, except Federal statements regarding any of these items 58±NG; 99±59±NG; 99±93±LNG; 98±81±NG; holidays. 00±01±NG; and 00±04±NG] on the agenda, you should contact John Issued in Washington, DC, on February 9, E. Metzler at 301–903–5079 (fax) or Office of Fossil Energy; Wessely 2000. [email protected] (e-mail). Marketing Corporation, et al.; Orders John W. Glynn, You must make your request for an oral Granting, Amending and Vacating statement at least 5 business days before Manager, Natural Gas Regulation, Office of Authorizations To Import and Export Natural Gas & Petroleum Import & Export the meeting. Reasonable provision will Natural Gas, Including Liquefied Activities, Office of Fossil Energy. be made to include the scheduled oral Natural Gas statements on the agenda. The Chairperson of the Panel will conduct AGENCY: Office of Fossil Energy, DOE.
Appendix—Orders Granting, Amending and Vacating Import/Export Authorizations DOE/FE AUTHORITY
Importer/Exporter Order No. Date Issued FE Docket No. Import Volume Export Volume Comments
156±A ...... 01±07±00 ...... Wessely Marketing ...... Vacate blanket au- Corporation 86± thorization. 53±NG. 156 ...... 01±18±00 ...... Poco Petroleum, 250 ...... 250 ...... Import from Canada Inc. 00±03±NG. over a two year term beginning on the date of first delivery after January 21, 2000 1510±A ...... 01±18±00 ...... El Paso Merchant ...... Name change. Energy-Gas, L.P. (Formerly El Paso Energy Marketing Com- pany) 99±58±NG. 1509±A ...... 01±18±00 ...... El Paso Merchant ...... Name change. Energy-Gas, L.P. (Formerly El Paso Energy Marketing Com- pany) 99±59±NG. 1549±A ...... 01±21±00 ...... El Paso Merchant ...... Transfer of long- Energy-Gas, L.P. term LNG import (Successor to authority. Sonat Energy Services Com- pany) 99±93± LNG. 1427±A ...... 01±21±00 ...... Interenergy Re- ...... Vacate blanket au- sources Corpora- thority. tion 98±81±NG.
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Importer/Exporter Order No. Date Issued FE Docket No. Import Volume Export Volume Comments
1564 ...... 01±21±00 ...... Texaco Energy 75 Bcf ...... Import from Canada Marketing L.P. over a two-year 00±01±NG. term beginning on the date of first delivery 1565 ...... 01±21±00 ...... USGen New Eng- 47.5 Bcf ...... Import from Canada land, Inc. 00±04± over a two-year NG. term beginning on February 1, 2000, and ex- tending through January 31, 2002.
[FR Doc. 00–3549 Filed 2–14–00; 8:45 am] between CMP and Select Energy, Inc. DEPARTMENT OF ENERGY BILLING CODE 6450±01±P (Select), in compliance with the Commission’s January 11, 2000 Order Federal Energy Regulatory Denying A Request for Confidential Commission DEPARTMENT OF ENERGY Treatment. [Docket No. RP00±135±001] Federal Energy Regulatory CMP reiterates its request for a final CNG Transmission Corporation; Notice Commission non-appealable order on or before February 22, 2000. of Proposed Changes in FERC Gas [Docket No. CP00±34±000] Tariff CMP states that copies of the filing Algonquin Gas Transmission have been sent to Select and the Maine February 9, 2000. Company; Notice of Site Visit Department of Public Utilities Take notice that on February 4, 2000, Commission. CNG Transmission Corporation (CNG) February 9, 2000. Any person desiring to be heard or to tendered for filing as part of its FERC On February 16, 2000 the Office of Gas Tariff, Second Revised Volume No. protest such filing should file a motion Pipeline Regulation (OPR) staff will 1, the following tariff sheets, with an to intervene or protest with the Federal inspect Algonquin Gas Transmission effective date of January 10, 2000. Company’s (Algonquin) proposed route Energy Regulatory Commission, 888 and potential alternative routes for the First Street, NE, Washington, DC 20426, Substitute Original Sheet No. 397A Fore River Project in Norfolk County, in accordance with Rules and 214 of the Substitute Original Sheet No. 397B Substitute Original Sheet No. 397C Massachusetts. The areas will be Commission’s Rules of Practice and inspected by automobile. Procedure (18 CFR 385.211 and CNG states that the purpose of this Representatives of Algonquin will 385.214). All such motions and protests filing is to comply with the accompany the OPR staff. Anyone should be filed on or before February Commission’s January 7, 2000 letter interested in participating in the site 18, 2000. Protests will be considered by order in this proceeding. Pursuant to the visits must provide their own the Commission to determine the order, the Commission accepted CNG’s transportation. appropriate action to be taken, but will tariff filing, effective January 10, 2000, For additional information, contact not serve to make protestants parties to subject to refiling the tariff sheets in Mr. Paul McKee of the Commission’s conformity with the Commission’s letter the proceedings. Any person wishing to Office of External Affairs at (202) 208– order. become a party must file a motion to 1088. CNG states that copies of its letter of intervene. Copies of this filing are on transmittal and enclosures are being Linwood A. Watson, Jr., file with the Commission and are Acting Secretary. served upon its customers and to available for public inspection. This interested state commissions. [FR Doc. 00–3463 Filed 2–14–00; 8:45 am] filing may also be viewed on the Any person desiring to protest this BILLING CODE 6717±01±M Internet at http://www.ferc.fed.us/ filing should file a protest with the online/rims.htm (call 202–208–2222 for Federal Energy Regulatory Commission, assistance). DEPARTMENT OF ENERGY 888 First Street, NE, Washington, DC Linwood A. Watson, Jr., 20426, in accordance with Section 385.211 of the Commission’s Rules and Federal Energy Regulatory Acting Secretary. Commission Regulations. All such protests must be [FR Doc. 00–3462 Filed 2–14–00; 8:45 am] filed as provided in Section 154.210 of [Docket No. ER00±605±000] BILLING CODE 6717±01±M the Commission’s Regulations. Protests Central Maine Power Company, Notice will be considered by the Commission of Filing in determining the appropriate action to be taken, but will not serve to make February 9, 2000. protestants parties to the proceedings. Take notice that on January 19, 2000, Copies of this filing are on file with the Central Maine Power Company (CMP or Commission and are available for public Central Maine) provided unredacted inspection in the Public Reference copies of a Hydro Quebec Entitlement Room. This filing may be viewed on the Agreement (Entitlement Agreement) web at http://www.ferc.fed.us/online/
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[Docket No. RP00±171±001] 1. Consolidated Edison, Inc. and [Docket Nos. MG99±27±001, MG99±28±001, Northeast Utilities Columbia Gulf Transmission MG99±29±001 and MG99±30±001] [Docket No. EC00–49–000] Company; Notice of Change in Gas Panhandle Eastern Pipeline Company, Tariff Take notice that on February 2, 2000, Southwest Gas Storage Company, Consolidated Edison, Inc. and Northeast February 9, 2000. Trunkline Gas Company and Trunkline Utilities filed an amendment to their Take notice that on February 4, 2000, LNG Company; Notice of Filing Joint Application of the Jurisdictional Subsidiaries for Approval of Mergers Columbia Gulf Transmission Company February 9, 2000. (Columbia Gulf) submitted its filed on January 14, 2000. administrative tariff filing in Docket No. Take notice that on January 21, 2000, Comment date: March 14, 2000, in RP00–171–000. As explained in the Panhandle Eastern Pipeline Company, accordance with Standard Paragraph E transmittal letter, the purpose of this Trunkline Gas Company, Trunkline at the end of this notice. tariff filing was to reflect various LNG Company and Southwest Gas 2. Black River Limited Partnership administrative revisions to its currently Storage Company each filed revised effective FERC Gas Tariff, Second standards of conduct in response to the [Docket No. EC00–53–000] Revised Volume No. 1. Commission’s December 22, 1999 Take notice that on January 31, 2000, 1 pursuant to section 203 of the Federal Subsequent to the January 28, 2000 order. Power Act (FPA), 16 U.S.C. 824b (1998) tariff filing, Columbia Gulf Gas learned Each company states that it has served and Part 33 of the Regulations of the that one of the tariff sheets that was copies of its filing to each of its affected Federal Energy Regulatory Commission submitted as part of the filing was customers and state commissions. (Commission), 18 CFR 33 et seq., Black included in error. Columbia Gulf Any person desiring to be heard or to River Limited Partnership (Applicant) respectfully requests permission from filed an application for Commission the Commission to withdraw Tariff protest said filings should file a motion approval of the sale and lease Sheet No. 216 from Columbia Gulf’s to intervene or a protest in each transactions with respect to the January 28, 2000 administrative tariff proceeding with the Federal Energy transmission facilities and books, filing. Columbia Gulf further requests Regulatory Commission, 888 First records, and accounts associated with that the Commission accept the Street, NE, Washington, DC 20426, in the sale and leasing of the Ft. Drum remaining tariff sheets as filed and place accordance with Rules 211 or 214 of the Project, located at the Ft. Drum Army these tariff sheets into effect as of March Commission’s Rules of Practice and Base near Watertown, New York. 1, 2000, as requested in the January 28, Procedure (18 CFR 385.211 or 385.214). Applicant requests that the Commission 2000 filing. All such motions to intervene or protest should be filed on or before February grant any other authorizations necessary Columbia Gulf states further that to effectuate the proposed transactions. 24, 2000. Protests will be considered by copies of this filing have been mailed to Applicant also has requested that the the Commission in determining the all of its customers and affected state Commission find that it will no longer regulatory commissions. appropriate action to be taken but will be deemed to be a ‘‘public utility’’ as Any person desiring to protest this not serve to make protestants parties to such term is defined under sction 201 filing should file a protest with the the proceedings. Any person wishing to of the FPA upon consummation of the Federal Energy Regulatory Commission, become a party must file a motion to sale and lease transactions. Applicant 888 First Street, NE, Washington, DC intervene. Copies of these filings are on has requested a shortened notice period 20426, in accordance with Section file with the Commission and are and expedited consideration of the 385.211 of the Commission’s Rules and available for public inspection. This application. Regulations. All such protests must be filing may be viewed on the web at Comment date: March 1, 2000, in filed as provided in Section 154.210 of http://www.ferc.fed.us/online/rims.htm accordance with Standard Paragraph E the Commission’s Regulations. Protests (call (202) 208–2222 for assistance). at the end of this notice. will be considered by the Commission Linwood A. Watson, Jr., 3. Duquesne Light Company, and Orion in determining the appropriate action to Power MidWest, LLC be taken, but will not serve to make Acting Secretary. protestants parties to the proceedings. [FR Doc. 00–3464 Filed 2–14–00; 8:45 am] [Docket Nos. EC00–54–000 and ER00–1490– Copies of this filing are on file with the BILLING CODE 6717±01±M 000] Commission and are available for public Take notice that on February 2, 2000, inspection in the Public Reference Duquesne Light Company and Orion Room. This filing may be viewed on the Power MidWest, LLC (Orion Power web at http://www.ferc.fed.us/online/ 1 89 FERC ¶ 61,315 (1999). MidWest) (collectively, Applicants)
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10. Russell Energy Services Company, Comment date: February 23, 2000, in ASC asserts that the purpose of the Tri-Valley Corporation, Community accordance with Standard Paragraph E agreements are to permit ASC to provide Electric Power Corporation, Amerada at the end of this notice. service over its transmission and Hess Corporation, Coast Energy Group, distribution facilities to Citizens Electric 13. Middletown Power LLC Novarco Ltd., Northeast Electricity Inc., Corporation pursuant to the Ameren Trident Energy Marketing, Inc., The [Docket No. ER00–1373–000] Open Access Tariff. Legacy Energy Group, LLC, Energy Take notice that on January 31, 2000, Comment date: February 22, 2000, in Resource Marketing Inc., Enerserve, Middletown Power LLC, tendered for accordance with Standard Paragraph E L.C., Fina Energy Services Company, filing under its market-based rate tariff at the end of this notice. Elwood Marketing LLC, Genstar a long-term service agreement with NRG Energy, L.L.C., Shamrock Trading, LLC Power Marketing, Inc. 19. Virginia Electric and Power Company [Docket Nos. ER96–2882–013, ER97–3428– Comment date: February 22, 2000, in 007, ER97–2792–009, ER97–2153–010, accordance with Standard Paragraph E [Docket No. ER00–1382–000] ER99–3005–002, ER98–4139–005, ER98– at the end of this notice. Take notice that on January 31, 2000, 3048–004, ER99–2069–001, ER99–1719–000, Virginia Electric and Power Company and ER99–3571–002, ER94–1580–021, ER96– 14. Montville Power LLC 182–017, ER97–2413–011, ER99–1465–004, (Virginia Power), tendered for filing the [Docket No. ER00–1374–000] Service Agreement between Virginia ER99–2364–003, ER98–3526–006] Take notice that on January 31, 2000, Take notice that on January 24, 2000, Electric and Power Company and Montville Power LLC tendered for filing MidAmerican Energy Company. Under the above-mentioned power marketers under its market-based rate tariff a long- filed quarterly reports with the the Service Agreement, Virginia Power term service agreement with NRG Power will provide services to MidAmerican Commission in the above-mentioned Marketing, Inc. proceedings for information only. Energy Company under the terms of the Comment date: February 22, 2000, in Company’s Revised Market-Based Rate 11. Tampa Electric Company accordance with Standard Paragraph E Tariff designated as FERC Electric Tariff at the end of this notice. [Docket No. ER00–801–000] (Second Revised Volume No. 4), which Take notice that on February 2, 2000, 15. Norwalk Power LLC was accepted by order of the Commission dated August 13, 1998 in Tampa Electric Company (Tampa [Docket No. ER00–1375–000] Electric), tendered for filing Docket No. ER98–3771–000. Take notice that on January 31, 2000, Virginia Power requests an effective amendments to several of the tariff Norwalk Power LLC, tendered for filing sheets that were tendered with its initial date of January 31, 2000. under its market-based rate tariff a long- filing in this docket for inclusion in its Copies of the filing were served upon term service agreement with NRG Power open access transmission tariff. MidAmerican Energy Company, the Tampa Electric continues to request Marketing, Inc. Virginia State Corporation Commission Comment date: February 22, 2000, in that the tariff sheets be made effective and the North Carolina Utilities accordance with Standard Paragraph E on February 14, 2000. Commission. at the end of this notice. Comment date: February 23, 2000, in Comment date: February 22, 2000, in accordance with Standard Paragraph E 16. Devon Power LLC accordance with Standard Paragraph E at the end of this notice. [Docket No. ER00–1376–000] at the end of this notice. 12. Allegheny Energy Service Take notice that on January 31, 2000, 20. The United Illuminating Company Corporation, on Behalf of Monongahela Devon Power LLC, tendered for filing [Docket No. ER00–1390–000] Power Company, The Potomac Edison under its market-based rate tariff a long- Company and West Penn Power term service agreement with NRG Power Take notice that on January 31, 2000, Company (Allegheny Power) Marketing, Inc. The United Illuminating Company (UI) [Docket No. ER00–1262–000] Comment date: February 22, 2000, in tendered for filing a Service Agreement dated January 1, 2000, between UI and Take notice that on February 2, 2000, accordance with Standard Paragraph E Wisvest-Connecticut L.L.C. (Wisvest), Allegheny Energy Service Corporation at the end of this notice. for firm point-to-point transmission on behalf of Monongahela Power 17. Connecticut Jet Power LLC service under UI’s Open Access Company, The Potomac Edison Transmission Tariff, FERC Electric Company and West Penn Power [Docket No. ER00–1377–000] Company (Allegheny Power), tendered Take notice that on January 31, 2000, Tariff, Original Volume No. 4, as for filing a request to amend their Pro Connecticut Jet Power LLC, tendered for amended. UI also filed Amendment No. Forma Open Access Transmission Tariff filing under its market-based rate tariff 1 to the April 16, 1999 Interconnection to substitute sheets reflecting changes a long-term service agreement with NRG Agreement between UI and Wisvest, previously accepted by the Commission Power Marketing, Inc. also dated January 1, 2000. in Orders dated April 6, 1999, Docket Comment date: February 22, 2000, in UI requests an effective date of Nos. ER96–58–002 and ER99–237–001 accordance with Standard Paragraph E January 1, 2000 and has therefore and July 14, 1999, Docket Nos. ER96– at the end of this notice. requested that the Commission waive its 60-day prior notice requirement. 58–004 and ER99–237–003. 18. Ameren Services Company Copies of the filing have been Copies of the filing were served upon provided to the Public Utilities [Docket No. ER00–1381–000] the Contract Administrator, Wisvest- Commission of Ohio, the Pennsylvania Take notice that on January 31, 2000, Connecticut L.L.C. and Robert J. Public Utility Commission, the Ameren Services Company (ASC), Murphy, Executive Secretary, Maryland Public Service Commission, tendered for filing an unexecuted Connecticut Department of Public the Virginia State Corporation Network Integration Transmission Utility Control. Commission, the West Virginia Public Service Agreement and associated Comment date: February 22, 2000, in Service Commission, and all parties of Network Operating Agreement, between accordance with Standard Paragraph E record. ASC and Citizens Electric Corporation. at the end of this notice.
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21. New England Power Pool Agreement between IPL and LG& Power between Entergy Services, Inc., as agent [Docket No. ER00–1391–000] Marketing, Inc., effective March 1, 1996, for the Entergy Operating Companies, designated as IPL Rate Schedule FERC and Reliant Energy Services, Inc. Take notice that on January 31, 2000, No. 29. the New England Power Pool (NEPOOL) Comment date: February 22, 2000, in Additionally, pursuant to Section Participants Committee filed for accordance with Standard Paragraph E 35.15 (a) of the Commission’s acceptance a signature page to the New at the end of this notice. Regulations, IPL requests an effective England Power Pool Agreement dated date for this termination of May 1, 2000. 27. American Electric Power Service September 1, 1971, as amended, signed Comment date: February 22, 2000, in Corporation by Enron Energy Services, Inc. (EESI). accordance with Standard Paragraph E [Docket No. ER00–1403–000] The NEPOOL Agreement has been at the end of this notice. designated NEPOOL FPC No. 2. Take notice that on January 31, 2000, The Participants Committee states 24. Indianapolis Power & Light Co. the American Electric Power Service that the Commission’s acceptance of [Docket No. ER00–1398–000] Corporation (AEPSC), tendered for filing EESI’s signature page would permit Take notice that on January 31, 2000, executed Firm and Non-Firm Point-to- NEPOOL to expand its membership to Point Transmission Service Agreements include EESI. The Participants pursuant to Section 35.15(a), 18 CFR 35.15(a) of the Commission’s for ACN Power, Inc. and Jay County Committee further states that the filed Electric Cooperative, Inc. These signature page does not change the Regulations, Indianapolis Power & Light Company (IPL) tendered for filing with agreements are pursuant to the AEP NEPOOL Agreement in any manner, Companies’ Open Access Transmission other than to make EESI a member in the Federal Energy Regulatory Commission Notice of Termination of Service Tariff (OATT). The OATT has NEPOOL. been designated as FERC Electric Tariff The Participants Committee requests the Interchange Agreement between IPL and Catex Vitol Electric LLC, effective Original Volume No. 4, effective July 9, an effective date of April 1, 2000, for 1996. commencement of participation in March 1, 1996, designated as IPL Rate AEPSC requests waiver of notice to NEPOOL by EESI. Schedule FERC No. 31. Comment date: February 22, 2000, in Additionally, pursuant to Section permit the Service Agreements to be accordance with Standard Paragraph E 35.15 (a) of the Commission’s made effective for service billed on and at the end of this notice. Regulations, IPL requests an effective after January 1, 2000. date for this termination of May 1, 2000. AEPSC also tendered for filing an 22. New England Power Pool Comment date: February 22, 2000, in executed supplement to Network [Docket No. ER00–1394–000] accordance with Standard Paragraph E Transmission Service (NTS) Agreement Take notice that on January 31, 2000, at the end of this notice. No. 116. The supplement modifies the the New England Power Pool (NEPOOL) 25. Minnesota Power, Inc. service agreement to include new Participants Committee filed for delivery points requested by WVPA and acceptance a signature page to the New [Docket No. ER00–1399–000] a load power factor billing provision. England Power Pool Agreement dated Take notice that on January 31, 2000, AEPSC requested that West Penn September 1, 1971, as amended, signed Minnesota Power, Inc. (Minnesota Power firm and non-firm point-to-point by the Town of Wiscasset (Wiscasset). Power), tendered for filing an Service Agreement Nos. 170 and 168, The NEPOOL Agreement has been addendum to certain Agreements with under AEP Companies’ FERC Electric designated NEPOOL FPC No. 2. Alliant Energy that would permit the Tariff Original Volume No. 4, accepted The Participants Committee states incremental cost of sulfur dioxide (SO2) for filing in Docket No, ER98–4390–000, that the Commission’s acceptance of emissions allowances to be included in effective August 1, 1998, be assigned to Wiscasset’s signature page would permit the calculation of Minnesota Power’s Allegheny Energy Supply. rates under the coordination rate NEPOOL to expand its membership to AEPSC also requested termination of schedules. include Wiscasset. The Participants AEP Operating Companies Rate The change is designed to conform Committee further states that the filed Schedule FERC No. 5, filed in Docket the rate schedule to the Commission’s signature page does not change the No. ER95–219–000, and AEP rule regarding the ratemaking treatment NEPOOL Agreement in any manner, Companies’ FERC Electric Tariff of SO emissions allowances for Phase other than to make Wiscasset a member 2 Original Volume No. 1, Service II units issued under the Clean Air Act in NEPOOL. Agreement No. 47, accepted for filing in The Participants Committee requests Amendments of 1990. Docket No. ER96–1313–000. Those an effective date of February 1, 2000, for A copy of the filing was served upon agreements are superceded by firm and commencement of participation in Alliant Energy. non-firm Point-to-Point Service NEPOOL by Wiscasset. Comment date: February 22, 2000, in Agreements Nos. 231 and 234, under Comment date: February 22, 2000, in accordance with Standard Paragraph E AEP Companies’ FERC Electric Tariff accordance with Standard Paragraph E at the end of this notice. Original Volume No. 4. The customer at the end of this notice. 26. Entergy Services, Inc. holding those agreements, Dynegy 23. Indianapolis Power & Light [Docket No. ER00–1400–000] Power Marketing, Inc., has previously Company executed new agreements. Take notice that on January 31, 2000, [Docket No. ER00–1397–000] Entergy Services, Inc., on behalf of A copy of the filing was served upon Take notice that on January 31, 2000, Entergy Arkansas, Inc., Entergy Gulf the Parties and the state utility pursuant to Section 35.15(a), 18 CFR States, Inc., Entergy Louisiana, Inc., regulatory commissions of Indiana, 35.15(a) of the Commission’s Entergy Mississippi, Inc., and Entergy Kentucky, Michigan, Ohio, Tennessee, Regulations, Indianapolis Power & Light New Orleans, Inc., (collectively, the Virginia and West Virginia. Company (IPL) filed with the Federal Entergy Operating Companies) tendered Comment date: February 22, 2000, in Energy Regulatory Commission a Notice for filing a Firm Point-to-Point accordance with Standard Paragraph E of Termination of the Interchange Transmission Service Agreement at the end of this notice.
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28. UAE Lowell Power LLC Comment date: February 22, 2000, in agreements are based on the forms of [Docket No. ER00–1405–000] accordance with Standard Paragraph E agreements in Illinois Power’s OATT. at the end of this notice. Illinois Power has requested an Take notice that on UAE Lowell LLC effective date of January 1, 2000. (UAE Lowell), tendered for filing a 32. Wayne-White Counties Electric Comment date: February 22, 2000, in service agreement establishing Southern Cooperative accordance with Standard Paragraph E Company Energy Marketing L.P. [Docket No. ER00–1409–000] at the end of this notice. (Southern) as a customer under UAE Take notice that Wayne-White Lowell’s Rate Schedule No. 1. Counties Electric Cooperative (WWCEC 35. Illinois Power Company UAE Lowell requests an effective date or Cooperative) on January 31, 2000, [Docket No. ER00–1412–000] of January 1, 2000. tendered for filing an unexecuted Take notice that, on January 31, 2000, UAE Lowell states that a copy of the Service Agreement for Firm Point-to- Illinois Power Company (Illinois filing was served on Southern. Point Transmission Service with Illinois Power), 500 South 27th Street, Decatur, Comment date: February 22, 2000, in Power Company. Under the Service Illinois 62521, tendered for filing a firm accordance with Standard Paragraph E Agreement, WWCEC will provide firm transmission service agreement under at the end of this notice. point-to-point transmission service to which Dynegy Power Marketing, Inc. Illinois Power Company under the 29. Florida Power & Light Company will take transmission service pursuant Cooperative’s Open Access to Illinois Power’s open access [Docket No. ER00–1406–000] Transmission Tariff. transmission tariff (OATT). The Take notice that on January 31, 2000, WWCEC requests an effective date of agreement is based on the form of Florida Power & Light Company (FPL), January 1, 2000, the date service was agreement in Illinois Power’s OATT. first provided. tendered for filing proposed service Illinois Power has requested an A copy of the filing was served upon agreements with Cargill-Alliant, LLC for effective date of January 1, 2000. Illinois Power Company. Short-Term Firm and Non-Firm Comment date: February 22, 2000, in transmission service under FPL’s Open Comment date: February 22, 2000, in accordance with Standard Paragraph E accordance with Standard Paragraph E Access Transmission Tariff. at the end of this notice. FPL requests that the proposed at the end of this notice. service agreements are permitted to 33. FirstEnergy Corp. 36. Pacific Gas and Electric Company become effective on February 1, 2000. [Docket No. ER00–1410–000] [Docket No. ER00–1462–000] FPL states that this filing is in Take notice that on January 31, 2000, Take notice that on February 1, 2000, accordance with Section 35 of the Pacific Gas and Electric Company Commission’s regulations. FirstEnergy Corp., as agent for its wholly owned subsidiaries, The (PG&E), tendered for filing an Comment date: February 22, 2000, in Cleveland Electric Illuminating ‘‘Generator Special Facilities accordance with Standard Paragraph E Company, Ohio Edison Company, Agreement’’ (GSFA) and a ‘‘Generator at the end of this notice. Pennsylvania Power Company and The Interconnection Agreement’’ between 30. The Detroit Edison Company Toledo Edison Company, filed an PG&E and San Joaquin Cogen Limited’’ (San Joaquin). [Docket No. ER00–1407–000] Amendment to the Network Service Agreement between FirstEnergy and The GSFA permits PG&E to recover Take notice that on January 31, 2000, American Muncipal Power-Ohio, Inc. the ongoing costs associated with The Detroit Edison Company (Detroit under the FirstEnergy Open Access owning, operating and maintaining the Edison), tendered for filing Service Tariff to recover an increase in the Special Facilities. As detailed in the Agreements for wholesale power sales Pennsylvania Gross Receipts Tax Special Facilities Agreement, PG&E transactions (the Service Agreements) applicable to certain Pennsylvania proposes to charge San Joaquin a under Detroit Edison’s Wholesale Power Boroughs who obtain transmission monthly Cost of Ownership Charge Sales Tariff (WPS–2), FERC Electric service through American Municipal equal to the rate for distribution-level, Tariff No. 3 (the WPS–2 Tariff). Power-Ohio, Inc. FirstEnergy requests customer-financed facilities in PG&E’s Comment date: February 22, 2000, in approval under Section 205 of the currently effective Electric Rule 2, as accordance with Standard Paragraph E Federal Power Act for the increase in filed with the California Public Utilities at the end of this notice. tax rate to the Boroughs. Commission (CPUC). PG&E’s currently 31. Utilimax.com, Inc. Comment date: February 22, 2000, in effective rate of 0.46% for distribution- accordance with Standard Paragraph E level, customer-financed Special [Docket No. ER00–1408–000] at the end of this notice. Facilities is contained in the CPUC’s Take notice that on January 31, 2000, Advice Letter 1960–G/1587–E, effective 34. Illinois Power Company Utilimax.com, Inc. (Utilimax), August 5, 1996, a copy of which is petitioned the Commission for [Docket No. ER00–1411–000] included as Attachment 3 of this filing. acceptance of Utilimax Rate Schedule Take notice that, on January 31, 2000, PG&E has requested permission to use FERC No. 1; the granting of certain Illinois Power Company (Illinois automatic rate adjustments whenever blanket approvals, including the Power), 500 South 27th Street, Decatur, the CPUC authorizes a new Electric Rule authority to sell electricity at market- Illinois 62521, tendered for filing an 2 Cost of Ownership Rate for based rates; and the waiver of certain unexecuted Service Agreement for distribution-level, customer-financed Commission regulations. Network Integration Transmission special facilities but caps the rate at Utilimax intends to engage in Service and an unexecuted Network 0.65% per month. wholesale electric power and energy Operating Agreement under which Copies of this filing have been served purchases and sales as a marketer. Soyland Power Cooperative, Inc., will upon San Joaquin and the CPUC. Utilimax is not in the business of take transmission service pursuant to Comment date: February 22, 2000, in generating or transmitting electric Illinois Power’s open access accordance with Standard Paragraph E power. transmission tariff (OATT). The at the end of this notice.
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37. Orion Power MidWest, LLC copy of the Agreement between the New agencies in New York, New Jersey and [Docket No. ER00–1463–000] York Independent System Operator and Pennsylvania. the New York State Reliability Council. Comment date: February 22, 2000, in Take notice that on February 1, 2000, The NYISO is not proposing any accordance with Standard Paragraph E Orion Power MidWest, LLC, with an changes in any of the agreements. at the end of this notice. office located at c/o Orion Power Except as otherwise noted, the NYISO Holdings, Inc., 7 E. Redwood Street, 42. Central Illinois Public Service requests an effective date of December 1, 10th Floor, Baltimore, Maryland 21202, Corporation 1999 and waiver of the Commission’s tendered for filing with the Federal notice requirements. [Docket No. ER00–1503–000] Energy Regulatory Commission Copies of this filing were served on (Commission) an application seeking Take notice that on February 2, 2000, the Commission’s Service List in Docket waivers and granting blanket approvals Central Illinois Public Service Nos. ER97–1523–000 et al., on the under various Commission regulations Corporation (AmerenCIPS), tendered for parties to the ISO Agreement and on the and for an order accepting Orion Power filing an Agreement Among Citizens respective electric utility regulatory MidWest’s initial rate schedule, FERC Electric Corporation, Central Illinois agencies in New York, New Jersey and Electric Rate Schedule No. 1. Public Service Corporation, and Union Orion Power MidWest’s acquisition of Pennsylvania. Electric Company dated December 29, the Duquesne Light Company’s Comment date: February 22, 2000, in 1999 (the Agreement). AmerenCIPS Generating Assets will close on or about accordance with Standard Paragraph E states that under the Agreement, May 1, 2000. Orion Power MidWest at the end of this notice. responsibility for providing wholesale intends to sell energy and capacity, and 40. Orion Power MidWest, LLC and electric service to Citizens Electric certain ancillary services from the FirstEnergy Corp. Corporation (Citizens) is being Generating Assets at market-based rates. transferred to it from Union Electric [Docket No. ER00–1460–000] In transactions where Orion Power Company (AmerenUE), an affiliated MidWest sells electric energy, it Take notice that on February 1, 2000, electric utility. AmerenCIPS further proposes to make such sales on rates, Orion Power MidWest, LLC (Orion states that the rates, terms and terms and conditions to be mutually Power MidWest) and FirstEnergy Corp. conditions under which service is being agreed to with the purchasing party. (FirstEnergy), tendered for filing with supplied to Citizens will not be affected Comment date: February 22, 2000, in the Federal Energy Regulatory by the transfer, but that the term of an accordance with Standard Paragraph E Commission (Commission) under existing Wholesale Electric Service at the end of this notice. Section 205 of the Federal Power Act Agreement with Citizens is being certain jurisdictional agreements extended to December 31, 2001. 38. PJM Interconnection, L.L.C. providing for services related to Orion AmerenCIPS is proposing to make the [Docket No. ER00–1465–000] Power MidWest’s acquisition of Agreement effective as of January 1, Take notice that on February 1, 2000, generation assets from Duquesne Light 2000. PJM Interconnection, L.L.C. (PJM), Company. Comment date: February 23, 2000, in tendered for filing three executed Comment date: February 22, 2000, in accordance with Standard Paragraph E service agreements for long-term firm accordance with Standard Paragraph E at the end of this notice. at the end of this notice. point-to-point transmission service 43. Central Illinois Public Service under the PJM Open Access 41. New York Independent System Corporation Transmission Tariff with Cinergy Power Operator, Inc., Central Hudson Gas & [Docket No. ER00–1504–000] Marketing and Trading for 200 MW Electric Corp., Consolidated Edison (between PJM West Hub and First Company of New York, Inc., New York Take notice that on February 2, 2000, Energy (CEI)), PECO Energy Power State Electric & Gas Corporation, Central Illinois Public Service Team for 214 MW (between PECO Niagara Mohawk Power Corporation, Corporation (AmerenCIPS), tendered for Energy and Allegheny), and PECO Orange & Rockland Utilities, Inc., filing an Agreement Among the City of Energy Power Team for 750 MW Rochester Gas & Electric Corp. Fredericktown, MO, Central Illinois (between PECO Energy and Virginia Public Service Corporation, and Union Power). [Docket No. ER00–1483–000] Electric Company. AmerenCIPS states Copies of this filing were served upon Take notice that on February 1, 2000 that under the Agreement, responsibility the parties to the service agreements. the New York Independent System for providing wholesale electric service Comment date: February 22, 2000, in Operator, Inc. (NYISO), tendered for to the City of Fredericktown, MO accordance with Standard Paragraph E filing a Transitional Installed Capacity (Fredericktown) is being transferred to it at the end of this notice. market design in the above-referenced from Union Electric Company proceeding consisting of a series of (AmerenUE), an affiliated electric 39. New York Independent System revisions to the Installed Capacity utility. AmerenCIPS further states that Operator, Inc. provisions of the NYISO’s Market the rates, terms and conditions under [Docket No. ER00–1461–000] Administration and Control Area which service is being supplied to Take notice that on February 1, 2000, Services Tariff and an accompanying Fredericktown will not be affected by the New York Independent System Installed Capacity auction description the transfer, but that the term of an Operator, Inc. (NYISO), tendered for document. existing Wholesale Electric Service filing (i) an executed copy of the The NYISO requests an effective date Agreement with Fredericktown is being Agreement between the New York of March 15, 2000. extended to December 31, 2001. Independent System Operator and A copy of this filing was served upon AmerenCIPS is proposing to make the Transmission Owners, (ii) an executed all persons on the Commission’s official Agreement effective as of February 1, copy of the Independent System service lists in Docket Nos. ER97–1523– 2000. Operator Agreement together with 62 000, OA97–470–000 and ER97–4234– Comment date: February 23, 2000, in additional signed signature pages to the 000 (not consolidated), and the accordance with Standard Paragraph E ISO Agreement, and (iii) an executed respective electric utility regulatory at the end of this notice.
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44. Central Illinois Public Service with Tenaska Power Services Company. 51. Old Dominion Electric Cooperative Corporation The agreement was pursuant to the Joint [Docket No. ER00–1512–000] Open Access Transmission Service [Docket No. ER00–1506–000] Take notice that on February 2, 2000, Tariff filed on December 31, 1996 by Take notice that on February 2, 2000, Old Dominion Electric Cooperative Consumers and Central Illinois Public Service (Applicant), tendered for filing an Corporation (AmerenCIPS), tendered for The Detroit Edison Company (Detroit Application Submitting Service filing an Agreement Among the City of Edison) and has an effective date of Agreement Pursuant to Market-Based Owensville, MO, Central Illinois Public January 25, 2000. Rate Authority And Request For Service Corporation, and Union Electric Copies of the filed agreement were Waivers, submitting a Service Company dated January 25, 2000 (the served upon the Michigan Public Agreement between the Applicant and Agreement). AmerenCIPS states that Service Commission, Detroit Edison, Northern Virginia Electric Cooperative under the Agreement, responsibility for and Tenaska Power Services Company. for service to a single, new delivery providing wholesale electric service to Comment date: February 23, 2000, in point pursuant to the Applicant’s the City of Owensville, MO accordance with Standard Paragraph E previously granted authority to make (Owensville) is being transferred to it at the end of this notice. sales at market-based rates. from Union Electric Company Comment date: February 23, 2000, in (AmerenUE), an affiliated electric 48. Dayton Power and Light Company accordance with Standard Paragraph E utility. AmerenCIPS further states that [Docket No. ER00–1510–000] at the end of this notice. the rates, terms and conditions under 52. Atlantic City Electric Company which service is being supplied to Take notice that on February 2, 2000, Owensville will not be affected by the The Dayton Power and Light Company [Docket No. ER00–1515–000] transfer, but that the term of an existing (Dayton), tendered for filing Long Term Take notice that on February 2, 2000, Wholesale Electric Service Agreement Firm transmission service agreements Atlantic City Electric Company with Owensville is being extended to pursuant to its open access transmission (Atlantic), tendered for filing an December 31, 2001. tariff. executed umbrella service agreement AmerenCIPS is proposing to make the Comment date: February 23, 2000, in with Tenaska Power Services Co. Agreement effective as of February 1, accordance with Standard Paragraph E (Tenaska), under Atlantic’s market rate 2000. at the end of this notice. sales tariff. Comment date: February 23, 2000, in Atlantic requests an effective date of accordance with Standard Paragraph E 49. Columbia Energy Power Marketing February 2, 2000. at the end of this notice. Corporation Comment date: February 23, 2000, in [Docket No. ER00–1511–000] accordance with Standard Paragraph E 45. Louisville Gas and Electric at the end of this notice. Company/Kentucky Utilities Company Take notice that on February 2, 2000, Columbia Energy Power Marketing 53. PJM Interconnection, L.L.C. [Docket No. ER00–1507–000] Corporation (CEPM), tendered for filing [Docket No. ER00–1516–000] Take notice that on February 1, 2000 a notice of cancellation of its Rate Take notice that on February 2, 2000, Louisville Gas and Electric Company/ Schedule FERC No. 1, to be effective on PJM Interconnection, L.L.C. (PJM), Kentucky Utilities (LG&E/KU), tendered the date CEPM transfers all of its tendered for filing an amendment to for filing a revision to their wholesale sales contracts to Enron Schedule 11 (PJM Capacity Credit Transmission Coordination Agreement, Power Marketing, Inc., pursuant to Markets) of the Amended and Restated Rate Schedule FERC No. 2. Commission approval of the application Comment date: February 23, 2000, in Operating Agreement of PJM filed by CEPM in Docket No. EC00–51– accordance with Standard Paragraph E Interconnection, L.L.C., extending the 000. at the end of this notice. expiration date of the mandatory Sell Comment date: February 23, 2000, in Offers and Buy Bids provision until May 46. Commonwealth Edison Company accordance with Standard Paragraph E 31, 2001. [Docket No. ER00–1508–000] at the end of this notice. Copies of this filing were served upon Take notice that on February 2, 2000, 50. California Independent System all PJM Members and the electric Commonwealth Edison Company Operator Corporation regulatory commissions in the PJM (ComEd) tendered for filing a revised Control Area. Firm Point-to-Point Transmission [Docket No. ER00–1514–000] Comment date: February 23, 2000, in Service Agreement with Alliant Bulk Take notice that on February 2, 2000, accordance with Standard Paragraph E Power under the terms of ComEd’s the California Independent System at the end of this notice. Open Access Transmission Tariff Operator Corporation (ISO), tendered for 54. San Joaquin Cogen Limited (OATT). filing notice of termination of the Meter Copies of this filing were served on Service Agreement for Scheduling [Docket No. ER00–1517–000] Alliant. Coordinators (MSA SC) between the ISO Take notice that on February 2, 2000, Comment date: February 23, 2000, in and the Montana Power Trading & San Joaquin Cogen Limited (San accordance with Standard Paragraph E Marketing Company. Joaquin), tendered for filing an at the end of this notice. application for waivers and blanket The ISO requests that the MSA SC be approvals under various regulations of 47. Consumers Energy Company terminated effective April 19, 2000. the Commission and for an order [Docket No. ER00–1509–000] The ISO states that copies of this accepting its FERC Electric Rate Take notice that on February 2, 2000, filing have been served on all parties in Schedule No. 1. San Joaquin proposed Consumers Energy Company the above-referenced docket. that its Rate Schedule No. 1 become (Consumers), tendered for filing an Comment date: February 23, 2000, in effective immediately. San Joaquin executed service agreement for Firm accordance with Standard Paragraph E intends to sell energy, capacity and Point-to-Point Transmission Service at the end of this notice. ancillary services from its 49 MW
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SUMMARY: In compliance with the (2) 303(d)(3)—Local Emergency OMB Control No. 2050–0078 in any Paperwork Reduction Act (44 U.S.C. Planning Committee (LEPC) requests for correspondence. 3501 et seq.), this document announces facility information, develop or Ms. Sandy Farmer, U.S. Environmental that the following Information implement emergency plans, (3) 311— Protection Agency, Office of Collection Request (ICR) has been Material Safety Data Sheets (MSDSs) Environmental Information, forwarded to the Office of Management submitted by facilities, or lists of those Collection Strategies Division (2822), and Budget (OMB) for review and chemicals submitted in place of the 1200 Pennsylvania Avenue NW, approval: Trade Secret Claims for MSDSs, (4) 312—Tier II emergency and Washington, DC 20460; and Community Right-to-Know and hazardous chemical inventory forms, Office of Information and Regulatory Emergency Planning (EPCRA section and (5) 313—Toxic chemical release Affairs, Office of Management and 322), OMB Control Number 2050–0078, inventory forms. Budget, Attention: Desk Officer for expiring May 31, 2000. The ICR An agency may not conduct or EPA, 725 17th Street, NW, describes the nature of the information sponsor, and a person is not required to Washington, DC 20503. collection and its expected burden and respond to, a collection of information Dated: February 8, 2000. cost; where appropriate, it includes the unless it displays a currently valid OMB Oscar Morales, actual data collection instrument. control number. The OMB control Director, Collection Strategies Division. DATES: Comments must be submitted on numbers for EPA’s regulations are listed or before March 16, 2000. in 40 CFR part 9 and 48 CFR Chapter [FR Doc. 00–3485 Filed 2–14–00; 8:45 am] BILLING CODE 6560±50±P FOR FURTHER INFORMATION CONTACT: For 15. The Federal Register document a copy of the ICR contact Sandy Farmer required under 5 CFR 1320.8(d), at EPA by phone at (202) 260–2740, by soliciting comments on this collection of information was published on ENVIRONMENTAL PROTECTION email at [email protected], AGENCY or download off the Internet at http:// September 16, 1999 (64 FR 50280); no www.epa.gov/icr and refer to EPA ICR comments were received. [FRL±6537±8] No. 1428.05. For technical questions Burden Statement: The annual public about the ICR contact Sicy Jacob at (202) reporting and recordkeeping burden for Regulatory Reinvention (XL) Pilot 260–7249. this collection of information is Projects SUPPLEMENTARY INFORMATION: estimated to average 9.9 hours per AGENCY: Environmental Protection Title: Trade Secret Claims for claim. The total annual burden for the Agency (EPA). respondents is 3,121 hours at a cost of Community Right-to-Know and ACTION: Notice of availability of the $190,280. Burden means the total time, Emergency Planning (EPCRA Section Project XL Proposed Final Project effort, or financial resources expended 322), EPA ICR Number 1428.05, Agreement: International Paper by persons to generate, maintain, retain, expiring May 31, 2000. This is a request Predictive Emissions Monitoring or disclose or provide information to or for extension of a currently approved Project. collection. for a Federal agency. This includes the Abstract: This information collection time needed to review instructions; SUMMARY: EPA is requesting comments request pertains to trade secrecy claims develop, acquire, install, and utilize on a proposed Project XL Final Project submitted under Section 322 of the technology and systems for the purposes Agreement (FPA) for International Emergency Planning and Community of collecting, validating, and verifying Paper, U.S.A. (hereafter ‘‘International Right-to-Know Act of 1986 (EPCRA). information, processing and Paper’’). The FPA is a voluntary EPCRA contains provisions requiring maintaining information, and disclosing agreement developed collaboratively by facilities to report to State and local and providing information; adjust the International Paper, the State of Maine authorities, and EPA, the presence and existing ways to comply with any Division of Environmental Protection, release of extremely hazardous previously applicable instructions and the Town of Jay Maine and EPA. Project substances (described in sections 302 requirements; train personnel to be able XL, announced in the Federal Register and 304), inventory of hazardous to respond to a collection of on May 23, 1995 (60 FR 27282), gives chemicals (described in sections 311 information; search data sources; regulated entities the flexibility to and 312) and manufacture, process and complete and review the collection of develop alternative strategies that will use of toxic chemicals (described in information; and transmit or otherwise replace or modify specific regulatory or section 313). Section 322 of EPCRA disclose the information. procedural requirements on the allows a facility to withhold the specific Respondents/Affected Entities: condition that they produce greater chemical identity from these EPCRA Chemical Manufacturers. environmental benefits. EPA has set a reports if the facility asserts a claim of Estimated Number of Respondents: goal of implementing fifty XL projects trade secrecy for that chemical identity. 320 annually. undertaken in full partnership with the The provision establishes the Frequency of Response: Annually. states. requirements and procedures that Estimated Total Annual Hour Burden: In the draft FPA, International Paper facilities must follow to request trade 3,121 hours. proposes to develop, test, and secrecy treatment of chemical identities, Estimated Total Annualized Capital, implement a computer model that can as well as the procedures for submitting Operating/Maintenance Cost Burden: estimate pollutant emissions on a public petitions to the Agency for $0. continuous basis. Currently, review of the ‘‘sufficiency’’ of trade Send comments on the Agency’s need International Paper is required to secret claims. for this information, the accuracy of the measure some of these pollutants only Trade secrecy protection is provided provided burden estimates, and any once every year. If successfully for specific chemical identities suggested methods for minimizing developed and implemented, this contained in reports submitted under respondent burden, including through computer model would provide the each of the following EPCRA sections: the use of automated collection surrounding community with (1) 303(d)(2)—Facility notification of techniques to the following addresses. information on emissions that is changes that have or are about to occur, Please refer to EPA ICR No. 1428.05 and continuous, non-biased, credible, and
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Committee Act,’’ notice is hereby given Contaminant Candidate List and and approval. Tentatively anticipated that a meeting of the Contaminant Regulatory Determination and 6-Year drafts include, but are not limited to, the Candidate List (CCL) Regulatory Review of Existing Regulations Working following: Determination and 6-Year Review of Group, U.S. EPA, Office of Ground (a) Executive Committee Existing Regulations Working Group of Water and Drinking Water (4607), 401 M Subcommittee: ‘‘Review of the Agency’s the National Drinking Water Advisory Street SW, Washington, DC 20460. The Position on the Data from the Testing of Council established under the Safe telephone number is 202–260–3228, fax Human Subjects.’’ Drinking Water Act, as amended (42 202–260–3762, and e-mail address (b) Executive Committee U.S.C. S300f et seq.), will be held on [email protected]. Subcommittee: ‘‘Review of the Agency’s March 1–2, 2000 from 8:30 AM until Dated: February 8, 2000. Application of the Cancer Risk 5:00 PM (approximate), in the offices of Assessment Guidelines to Children.’’ Charlene E. Shaw, RESOLVE, Suite 275, 1255 23rd Street, (c) Executive Committee NW, Washington, DC 20037. The Designated Federal Officer, National Drinking Subcommittee: ‘‘Review of the Water Advisory Council. meeting is open to the public, but due Application of the Draft Cancer Risk to past experience, seating will be [FR Doc. 00–3489 Filed 2–14–00; 8:45 am] Assessment Guidelines to the Case of limited. BILLING CODE 6560±50±P Chloroform.’’ The purpose of this meeting is for the (d) Radiation Advisory Committee: Working Group to develop and use ‘‘Assessing the Risks from Indoor ENVIRONMENTAL PROTECTION robust and transparent protocols that Radon.’’ AGENCY can be used for making regulatory (e) Research Strategies Advisory determinations from the CCL and for the [FRL±6536±6] Committee joint report view with the periodic review of existing NPDWRs. Board of Scientific Counselors of ORD: The Working Group will provide Science Advisory Board; Meeting ‘‘Review of the Agency’s Science to specific recommendations for analyzing Cancellation Notice; Open Meeting Achieve Results (STAR) Program.’’ and presenting the available scientific Notice; Notice of Meeting Changes Drafts of the reports that will be data, and also recommend methods to reviewed at the meeting should be 1. Meeting Cancellation Notice— identify and document the judgments available to the public at the SAB Executive Committee—February 16, made to arrive at a conclusion and the website (http://www.epa.gov/sab) by 2000 supporting rationale. close-of-business on February 28, 2000. The CCL and 6-Year Review Working The meeting of the Executive As part of this two day meeting, the Group will develop specific protocols Committee of the SAB that was Executive Committee will also: (a) Meet for making regulatory determinations scheduled for February 16, 2000 with various Agency officials to discuss and selecting existing NPDWRs for between the hours of 2:00 and 4:00 EST matters of mutual interest such as the possible revision. The Working Group has been canceled. The meeting was framework for a Strategic Plan for will provide specific recommendations advertised in 65 FR 4966, dated Science at EPA; (b) receive briefings for analyzing and presenting the February 2, 2000. The reports subject to from Agency staff on various topics, available scientific data, and also review at that meeting have been including an update of the Integrated recommend methods to identify and rescheduled for review at the March 7– Risk Information System (IRIS) project; document the judgments made to arrive 8 Executive Committee meeting and (c) conduct the second in a series at a conclusion and the supporting announced below. For further of Workshops on the role of science in rationale. Due to the statutory deadlines information, please contact Dr. Donald some of the Agency’s innovative mandated by the SDWA’s 1996 G. Barnes, Designated Federal Officer approaches to environmental decision amendments, the Working Group will for the Executive Committee (see below making. develop a protocol to support CCL for contact information). The timing of these events will be regulatory determinations before 2. Open Meeting Notice—Executive included in an agenda for the meeting beginning work on the protocol(s) for Committee—March 7–8, 2000 that should be available one week prior the 6-year review of existing NPDWRs. to the meeting. For CCL regulatory determinations, Pursuant to the Federal Advisory the Working Group will develop Committee Act, Public Law 92–463, Public Comments protocols for both chemical and notice is hereby given that the Science Any member of the public wishing to microbial contaminants that will be Advisory Board’s (SAB’s) Executive submit brief oral comments (<5 minutes) robust enough to apply to contaminants Committee will conduct a public must contact Dr. Donald G. Barnes, on the current and future CCLs. As a meeting on Tuesday and Wednesday, Designated Federal Officer (DFO) for the starting point in developing a protocol, March 7–8, 2000. The meeting will Executive Committee, in writing, no the Working Group will evaluate the convene each day at 8:30 in Conference later than close of business Tuesday, draft framework developed by the EPA, Room 6013 of the Ariel Rios Building, February 29th at USEPA Science which will be presented to the group at U.S. Environmental Protection Agency, Advisory Board (1400A), 1200 the first meeting. 1200 Pennsylvania Avenue, Pennsylvania Avenue, NW, Washington, The working group members will be Washington, DC 20460 and adjourn no DC 20460; fax (202) 501–0323; or via e- asked draft proposed position papers for later than 5:30. The meeting is open to mail at ([email protected]). Those deliberation by the advisory council, the public; however, seating is limited wishing further information concerning and provide advice and and available on a first-come basis. the meeting should contact Dr. Barnes at recommendations to the full National At this meeting, the Executive (202) 564–4533. Drinking Water Advisory Council. The Committee will receive updates from its meeting is open to the public to observe committees and subcommittees Meeting Access and statements will be taken from the concerning their recent and planned Individuals requiring special public as time allows. activities. As part of these updates, accommodation at this meeting due to For more information, contact Corry some committees will present draft disability should contact Dr. Barnes at Westbrook, Designated Federal Officer, reports for Executive Committee review least five business days prior to the
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Dated: February 9, 2000. Availability information collected; and (d) ways to Stephen Luftig, The proposed Purchaser Agreement minimize the burden of the collection of Office Director, Office of Emergency and and additional background information information on the respondents, Remedial Response. relating to the proposed Purchaser including the use of automated [FR Doc. 00–3492 Filed 2–14–00; 8:45 am] Agreement are available for public collection techniques or other forms of BILLING CODE 6560±50±U inspection at the U.S. Environmental information technology. Protection Agency, Region III, 1650 DATES: Written comments should be Arch Street, Philadelphia, PA 19103. A submitted on or before March 16, 2000. ENVIRONMENTAL PROTECTION copy of the proposed Purchaser If you anticipate that you will be AGENCY Agreement may be obtained from submitting comments, but find it difficult to do so within the period of [FRL±6536±5] Suzanne Canning, U.S. Environmental Protection Agency, Regional Docket time allowed by this notice, you should Notice of Proposed Purchaser Clerk (3RC00), 1650 Arch Street advise the contact listed below as soon Agreement Pursuant to the Philadelphia, PA 19103. Comments as possible. Comprehensive Environmental should reference the ‘‘Metro Container ADDRESSES: Direct all comments to Judy Response, Compensation and Liability Corporation Site Prospective Purchaser Boley, Federal Communications Act of 1980, as Amended by the Agreement’’ and ‘‘EPA Docket No. Commission, Room 1–C804, 445 12th Superfund Amendments and CERC–PPA–99–06,’’ and should be Street, SW, DC 20554 or via the Internet Reauthorization Act forwarded to Suzanne Canning at the to [email protected]. above address or through electronic FOR FURTHER INFORMATION CONTACT: For AGENCY: Environmental Protection mail at ‘‘[email protected].’’ additional information or copies of the Agency (EPA). FOR FURTHER INFORMATION CONTACT: information collection(s), contact Judy ACTION: Notice; request for public Andrew S. Goldman (3RC41), Sr. Boley at 202–418–0214 or via the comment. Assistant Regional Counsel, U.S. Internet at [email protected]. Environmental Protection Agency, 1650 SUMMARY: In accordance with the SUPPLEMENTARY INFORMATION: Arch Street, Philadelphia, PA 19103, OMB Control No.: 3060–0859. Comprehensive Environmental Phone: (215) 814–2487. Response, Compensation, and Liability Title: Suggested Guidelines for Dated: February 1, 2000. Act of 1980, as amended by the Petitions for Ruling under Section 253 Superfund Amendments and Bradley M. Campbell, of the Communications Act. Form No.: Not applicable. Reauthorization Act of 1986 Regional Administrator, Region III. Type of Review: Extension to a (‘‘CERCLA’’), 42 U.S.C. 9601–9675, [FR Doc. 00–3486 Filed 2–14–00; 8:45 am] BILLING CODE 6560±50±P currently approved collection. notice is hereby given that a proposed Respondents: Business or other for- purchaser agreement (‘‘Purchaser profit. Agreement’’) associated with the Metro FEDERAL COMMUNICATIONS Number of Respondents: 80. Container Corporation Site in Trainer, Estimated Time Per Response: 63 to COMMISSION Pennsylvania was executed by the 125 hours per response. Environmental Protection Agency and Notice of Public Information Frequency of Response: On occasion the Department of Justice and is now reporting requirement. subject to public comment, after which Collection(s) being Reviewed by the Federal Communications Commission Total Annual Burden: 6,280 hours. the United States may modify or Total Annual Cost: Not applicable. withdraw its consent if comments February 7, 2000. Needs and Uses: Section 253 of the received disclose facts or considerations SUMMARY: The Federal Communications Communications Act of 1934, as which indicate that the Purchaser Commission, as part of its continuing amended, 47 U.S.C. 253, added by the Agreement is inappropriate, improper, effort to reduce paperwork burden Telecommunications Act of 1996, or inadequate. The Purchaser invites the general public and other requires the Commission, with certain Agreement would resolve certain Federal agencies to take this important exceptions, to preempt the potential EPA claims under section 107 opportunity to comment on the enforcement of any state or local statute of CERCLA, 42 U.S.C. 9607, against following information collection(s), as or regulation, or other state or local legal Trainer Industries, L.L.C. (‘‘Purchaser’’). required by the Paperwork Reduction requirement (to the extent necessary) The settlement would require the Act of 1995, Public Law 104–13. An that prohibits or has the effect of Purchaser to, among other things, pay agency may not conduct or sponsor a prohibiting the ability of any entity to the sum of $15,000 to the EPA collection of information unless it provide any interstate or intrastate Hazardous Substance Superfund, displays a currently valid control telecommunications service. The provide an irrevocable right of access to number. No person shall be subject to Commission’s consideration of EPA, and record notice of the agreement any penalty for failing to comply with preemption begins with the filing of a in the local land records. a collection of information subject to the petition by an aggrieved party. The For thirty (30) days following the date Paperwork Reduction Act (PRA) that petition is placed on public notice and of publication of this notice, the Agency does not display a valid control number. commented on by others. The will receive written comments relating Comments are requested concerning (a) Commission’s decision is based on the to the proposed Purchaser Agreement. whether the proposed collection of public record, generally composed of The Agency’s response to any comments information is necessary for the proper the petition and comments. The received will be available for public performance of the functions of the Commission has considered a number of inspection at the U.S. Environmental Commission, including whether the preemption items since the passage of Protection Agency, Region III, 1650 information shall have practical utility; the Telecommunications Act of 1996, Arch Street, Philadelphia, PA 19103. (b) the accuracy of the Commission’s and believes it in the public interest to DATES: Comments must be submitted on burden estimate; (c) ways to enhance inform the public of the information or before March 16, 2000. the quality, utility, and clarity of the necessary to support its full
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Thursday, February 17, 2000, which is Room TW–C305, at 445 12th Street, SW, scheduled to commence at 9:30 a.m. in Washington, DC.
Item No. Bureau Subject
1 Common Carrier ...... Title: Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities (CC Docket No. 98± 67). Summary: The Commission will consider revisions to its rules governing tele- communications services for individuals with hearing and speech disabil- ities. 2 Common Carrier, Cable Services, Engineering Title: Inquiry Concerning Deployment of Advanced Telecommunications Ca- and Technology, International, and wireless pability to All Americans in a Reasonable and Timely Fashion, and Pos- Telecommunications. sible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996 (CC Docket No. 98±146). Summary: The Commission will consider a Notice of Inquiry pursuant to Sec- tion Offering in the Commercial Mobile Radio Services (WT Docket No. 97±207) Summary: The Commission will consider a Memorandum Opinion and Order on Reconsideration and Report and Order concerning rules for facilitating calling party pays.
Additional information concerning FEDERAL RESERVE SYSTEM A. Federal Reserve Bank of Atlanta this meeting may be obtained from (Lois Berthaume, Vice President) 104 Maureen Peratino or David Fiske, Office Formations of, Acquisitions by, and Marietta Street, N.W., Atlanta, Georgia of Media Relations, telephone number Mergers of Bank Holding Companies 30303–2713: (202) 418–0500; TTY (202) 418–2555. 1. Speed Bankshares, L.P., Meridian, The companies listed in this notice Mississippi; to become a bank holding Copies of materials adopted at this have applied to the Board for approval, company by acquiring approximately 51 meeting can be purchased from the pursuant to the Bank Holding Company percent of the voting shares of Great FCC’s duplicating contractor, Act of 1956 (12 U.S.C. 1841 et seq.) Southern Capital Corporation, Meridian, International Transcription Services, (BHC Act), Regulation Y (12 CFR Part Mississippi, and thereby indirectly Inc. (ITS, Inc.) at (202 857–3800; fax 225), and all other applicable statutes acquire Great South National Bank, (202) 857–3805 and 857–3184; or TTY and regulations to become a bank Meridian, Mississippi. (202) 293–8810. These copies are holding company and/or to acquire the B. Federal Reserve Bank of Dallas available in paper format and alternative assets or the ownership of, control of, or (W. Arthur Tribble, Vice President) 2200 media, including large print/type; the power to vote shares of a bank or North Pearl Street, Dallas, Texas 75201– digital disk; and audio tape. ITS may be bank holding company and all of the 2272: reached by e-mail: its— banks and nonbanking companies 1. Texas Capital Bancshares, Inc., [email protected]. Their Internet owned by the bank holding company, Dallas, Texas; to acquire 100 percent of address is htt://www.itsi.com. including the companies listed below. the voting shares of BankDirect, SSB, The applications listed below, as well Dallas, Texas, a de novo bank. This meeting can be viewed over as other related filings required by the Board of Governors of the Federal Reserve George Mason University’s Capitol Board, are available for immediate Connection. The Capitol Connection System, February 9, 2000. inspection at the Federal Reserve Bank Robert deV. Frierson, also will carry the meeting live via the indicated. The application also will be Associate Secretary of the Board. Internet. For information on these available for inspection at the offices of services call (703) 993–3100. The audio the Board of Governors. Interested [FR Doc. 00–3449 Filed 2–14–00; 8:45 am] portion of the meeting will be broadcast persons may express their views in BILLING CODE 6210±01±P live on the Internet via the FCC’s writing on the standards enumerated in Internet audio broadcast page at http:// the BHC Act (12 U.S.C. 1842(c)). If the www.fcc.gov/realaudio. The meeting proposal also involves the acquisition of DEPARTMENT OF HEALTH AND can also be heard via telephone, for a a nonbanking company, the review also HUMAN SERVICES fee, from National Narrowcast Network, includes whether the acquisition of the Notice of a Meeting of the National nonbanking company complies with the telephone (202) 966–2211 or fax (202) Bioethics Advisory Commission standards in section 4 of the BHC Act 966–1770. Audio and video tapes of this (NBAC) meeting can be purchased from Infocus, (12 U.S.C. 1843). Unless otherwise 341 Victory Drive, Herndon, VA 20170, noted, nonbanking activities will be SUMMARY: Pursuant to section 10(d) of telephone (703) 834–0100; fax number conducted throughout the United States. the Federal Advisory Committee Act, as (707) 834–0111. Additional information on all bank amended (5 U.S.C. Appendix 2), notice holding companies may be obtained is given of a meeting of the National Federal Communications Common. from the National Information Center Bioethics Advisory Commission. The Magalie Roman Salas, website at www.ffiec.gov/nic/. Commission will discuss its ongoing Secretary. Unless otherwise noted, comments projects: (a) ethical issues in [FR Doc. 00–3698 Filed 2–11–00; 1:58 pm] regarding each of these applications international research and (b) ethical BILLING CODE 6712±01±M must be received at the Reserve Bank and policy issues in the oversight of indicated or the offices of the Board of human subjects research in the United Governors not later than March 10, States. Some Commission members may 2000. participate by telephone conference.
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The meeting is open to the public and DEPARTMENT OF HEALTH AND the effective date of this update of the opportunities for statements by the HUMAN SERVICES poverty guidelines for facilities public will be provided on February 29 obligated under the Hill-Burton from 1:00–1:30 pm. Office of the Secretary Uncompensated Services Program is sixty days from the date of this Dates/Times, and Location Annual Update of the HHS Poverty publication. February 29, 2000, 8:30 am–5 pm— Guidelines For information about the percentage Hilton Washington Dulles Airport, AGENCY: Department of Health and 13869 Park Center Road, Herndon, VA multiple of the poverty guidelines to be Human Services. used on immigration forms such as INS March 1, 2000, 8:00 am–3:00 pm—Same ACTION: Notice. Location as Above Form I–864, Affidavit of Support, contact the U.S. Immigration and SUPPLEMENTARY INFORMATION: The SUMMARY: This notice provides an update of the HHS poverty guidelines to Naturalization Service. To obtain President established the National information on the most recent Bioethics Advisory Commission (NBAC) account for last (calendar) year’s applicable poverty guidelines from the on October 3, 1999 by Executive Order increase in prices as measured by the Immigration and Naturalization Service, 12975 as amended. The mission of the Consumer Price Index. call 1–800–375–5283. Persons with NBAC is to advise and make EFFECTIVE DATE: These guidelines go into Internet access may obtain the recommendations to the National effect on the day they are published Science and Technology Council, its (unless an office administering a information from the Immigration and Chair, the President, and other entities program using the guidelines specifies a Naturalization Service Internet site at on bioethical issues arising from the different effective date for that
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2000 POVERTY GUIDELINES FOR Index (CPI–U); it was done using the While many programs use the ALASKA same procedure used in previous years. guidelines to classify persons or families Section 673(2) of OBRA–1981 (42 as either eligible or ineligible, some other programs use the guidelines for Size of family unit Poverty U.S.C. 9902(2)) requires the use of the guideline poverty guidelines as an eligibility the purpose of giving priority to lower- criterion for the Community Services income persons or families in the 1 ...... $10,430 provision of assistance or services. 2 ...... 14,060 Block Grant program. The poverty guidelines are also used as an eligibility In some cases, these poverty 3 ...... 17,690 guidelines may not become effective for 4 ...... 21,320 criterion by a number of other Federal 5 ...... 24,950 programs (both HHS and non-HHS). Due a particular program until a regulation 6 ...... 28,580 to confusing legislative language dating or notice specifically applying to the 7 ...... 32,210 back to 1972, the poverty guidelines program in question has been issued. 8 ...... 35,840 have sometimes been mistakenly The poverty guidelines given above referred to as the ‘‘OMB’’ (Office of should be used for both farm and non- For family units with more than 8 Management and Budget) poverty farm families. Similarly, these members, add $3,630 for each guidelines or poverty line. In fact, OMB guidelines should be used for both aged additional member. (The same has never issued the guidelines; the and non-aged units. The poverty guidelines have never had an aged/non- increment applies to smaller family guidelines are issued each year by the aged distinction; only the Census sizes also, as can be seen in the figures Department of Health and Human Bureau (statistical) poverty thresholds above.) Services (formerly by the Office of Economic Opportunity/Community have separate figures for aged and non- aged one-person and two-person units. 2000 POVERTY GUIDELINES FOR Services Administration). The poverty HAWAII guidelines may be formally referenced Definitions as ‘‘the poverty guidelines updated There is no universal administrative Poverty annually in the Federal Register by the definition of ‘‘family,’’ ‘‘family unit,’’ or Size of family unit guideline U.S. Department of Health and Human ‘‘household’’ that is valid for all Services under authority of 42 U.S.C. programs that use the poverty 1 ...... $ 9,590 9902(2).’’ 2 ...... 12,930 guidelines. Federal programs in some 3 ...... 16,270 The poverty guidelines are a cases use administrative definitions that 4 ...... 19,610 simplified version of the Federal differ somewhat from the statistical 5 ...... 22,950 Government’s statistical poverty definitions given below; the Federal 6 ...... 26,290 thresholds used by the Bureau of the office which administers a program has 7 ...... 29,630 Census to prepare its statistical the responsibility for making decisions 8 ...... 32,970 estimates of the number of persons and about administrative definitions. families in poverty. The poverty Similarly, non-Federal organizations For family units with more than 8 guidelines issued by the Department of which use the poverty guidelines in members, add $3,340 for each Health and Human Services are used for non-Federally-funded activities may use additional member. (The same administrative purposes—for instance, administrative definitions that differ increment applies to smaller family for determining whether a person or from the statistical definitions given sizes also, as can be seen in the figures family is financially eligible for below. In either case, to find out the above.) assistance or services under a particular precise definitions used by a particular (Separate poverty guideline figures for Alaska Federal program. The poverty program, one must consult the office or and Hawaii reflect Office of Economic thresholds are used primarily for organization administering the program Opportunity administrative practice statistical purposes. Since the poverty in question. beginning in the 1966–1970 period. Note that guidelines in this notice—the 2000 The following statistical definitions the Census Bureau poverty thresholds—the guidelines—reflect price changes (derived for the most part from language primary version of the poverty measure— through calendar year 1999, they are used in U.S. Bureau of the Census, have never had separate figures for Alaska approximately equal to the poverty and Hawaii. The poverty guidelines are not Current Population Reports, Series P60– thresholds for calendar year 1999 which 185 and earlier reports in the same defined for Puerto Rico, the U.S. Virgin the Census Bureau expects to issue in Islands, American Samoa, Guam, the series) are made available for illustrative Republic of the Marshall Islands, the September or October 2000. (A purposes only; in other words, these Federated States of Micronesia, the preliminary version of the 1999 statistical definitions are not binding for Commonwealth of the Northern Mariana thresholds is now available from the administrative purposes. Islands, and Palau. In cases in which a Census Bureau.) (a) Family. A family is a group of two Federal program using the poverty guidelines In certain cases, as noted in the or more persons related by birth, serves any of those jurisdictions, the Federal relevant authorizing legislation or marriage, or adoption who live together; office which administers the program is program regulations, a program uses the all such related persons are considered responsible for deciding whether to use the poverty guidelines as only one of contiguous-states-and-DC guidelines for as members of one family. For instance, those jurisdictions or to follow some other several eligibility criteria, or uses a if an older married couple, their procedure.) percentage multiple of the guidelines daughter and her husband and two (for example, 125 percent or 185 percent children, and the older couple’s nephew The preceding figures are the 2000 of the guidelines.) Non-Federal all lived in the same house or update of the poverty guidelines organizations which use the poverty apartment, they would all be considered required by section 673(2) of the guidelines under their own authority in members of a single family. Omnibus Budget Reconciliation Act non-Federally-funded activities also (b) Unrelated individual. An (OBRA) of 1981 (Pub. L. 97–35). As have the option of choosing to use a unrelated individual is a person 15 required by law, this update reflects last percentage multiple of the guidelines years old or over (other than an inmate year’s change in the Consumer Price such as 125 percent or 185 percent. of an institution) who is not living with
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Center for Biologics Evaluation and public. An alternative approach may be (section 3506(c)(2)(A) of Title 44, United Research (CBER), Food and Drug used if such approach satisfies the States Code, as amended by the Administration, 1401 Rockville Pike, requirement of the applicable statute, Paperwork Reduction Act of 1995, Rockville, MD 20852–1448. Send one regulations, or both. As with other Public Law 104–13), the Health self-addressed adhesive label to assist guidance documents, FDA does not Resources and Services Administration the office in processing your requests. intend this document to be all-inclusive (HRSA) publishes periodic summaries The document may also be obtained by and cautions that not all information of proposed projects being developed mail by calling the CBER Voice may be applicable to all situations. The for submission to OMB under the Information System at 1–800–835–4709 document is intended to provide Paperwork Reduction Act of 1995. To or 301–827–1800, or by fax by calling information and does not set forth request more information on the the FAX Information System at 1–888– requirements. proposed project or to obtain a copy of CBER–FAX or 301–827–3844. See the II. Comments the data collection plans and draft SUPPLEMENTARY INFORMATION section for instruments, call the HRSA Reports electronic access to the draft guidance This draft document is being Clearance Officer on (301) 443–1129. document. distributed for comment purposes only Submit written comments on the and is not intended for implementation Comments are invited on: (a) Whether document to the Dockets Management at this time. Interested persons may the proposed collection of information Branch (HFA–305), Food and Drug submit to the Dockets Management is necessary for the proper performance Administration, 5630 Fishers Lane, rm. Branch (address above) written of the functions of the agency, including 1061, Rockville, MD 20852. comments regarding this draft guidance whether the information shall have practical utility; (b) the accuracy of the FOR FURTHER INFORMATION CONTACT: document. Submit Written comments at Joseph L. Okrasinski, Center for any time, however, comments should be agency’s estimate of the burden of the Biologics Evaluation and Research submitted by May 15, 2000, to ensure proposed collection of information; (c) (HFM–17), Food and Drug adequate consideration in preparation of ways to enhance the quality, utility, and Administration, 1401 Rockville Pike, the final document. Two copies of any clarity of the information to be Rockville, MD 20852–1448, 301–827– comments are to be submitted, except collected; and (d) ways to minimize the 6210. individuals may submit one copy. burden of the collection of information Comments should be identified with the on respondents, including through the SUPPLEMENTARY INFORMATION: docket number found in the brackets in use of automated collection techniques I. Background the heading of this document. A copy of or other forms of information technology. FDA is announcing the availability of the document and received comments are available for public examination in a draft document entitled ‘‘Guidance for Proposed Project: Grants for Hospital the Dockets Management Branch Reviewers: Potency Limits for Construction and Modernization— between 9 a.m. and 4 p.m., Monday Standardized Dust Mite and Grass Federal Right of Recovery and Waiver through Friday. Allergen Vaccines: A Revised Protocol’’ of Recovery (42 CFR, Subpart H) (OMB dated January, 2000. The draft guidance III. Electronic Access No. 0915–0099)—Extension document, when finalized, would Persons with access to the Internet The regulation known as ‘‘Federal provide information to FDA reviewers may obtain the document at http:// Right of Recovery and Waiver of regarding broader relative potency www.fda.gov/cber/guidelines.htm. limits for CBER evaluation of Recovery,’’ provides a means for the standardized dust mite and grass Dated: February 8, 2000. Federal Government to recover grant allergen vaccines submitted to CBER for Margaret M. Dotzel, funds and a method of calculating lot release. Issues addressed in the Acting Associate Commissioner for Policy. interest when a grant-assisted facility guidance document, include but are not [FR Doc. 00–3407 Filed 2–14–00; 8:45 am] under Title VI and XVI is sold or leased, limited to, the following: (1) Diagnostic BILLING CODE 4160±01±F or there is a change in use of the facility. Equivalence, (2) therapeutic It also allows for a waiver of the right equivalence, (3) safety equivalence, (4) of recovery under certain circumstances. lot-to-lot variation in allergen vaccine DEPARTMENT OF HEALTH AND Facilities are required to provide written potency, and (5) current and broadened HUMAN SERVICES notice to the Federal Government when CBER release limits for standardized such a change occurs; and to provide dust mite and grass allergen vaccines Health Resources and Services copies of sales contracts, lease submitted to CBER for lot release. Administration agreements, estimates of current assets This draft guidance document Agency Information Collection and liabilities, value of equipment, represents the agency’s current thinking Activities: Proposed Collection: expected value of land on the new with regard to the potency limits for Comment Request owner’s books and remaining standardized dust mite and grass depreciation for all fixed assets involved allergen vaccines. It does not create or In compliance with the requirement in the transactions, and other confer any rights for or on any person for opportunity for public comment on information and documents pertinent to and does not operate to bind FDA or the proposed data collection projects the change of status.
ESTIMATES OF ANNUALIZED HOUR BURDEN
Responses Regulation Number of per Hours per Total burden respondents respondent response hours
124.704(b) and 707 ...... 20 1 3 60
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Send comments to Susan G. Queen, The following request has been The addition of the core set of Ph.D., HRSA Reports Clearance Officer, submitted to the Office of Management measures for use in conducting the Room 14–36, Parklawn Building, 5600 and Budget for review under the formal needs assessment follows Fishers Lane, Rockville, Maryland Paperwork Reduction Act of 1995: discussions with State Maternal and 20857. Written comments should be Child Health Directors over the last two Proposed Project: Maternal and Child received within 60 days of this notice. years. The changes incorporated in the Health Services Block Grant Annual 1997 revisions have been reflected in Dated: February 7, 2000. Report, Needs Assessment and major changes in the Title V program, Jane Harrison, Application Guidance (OMB No. 0915– with much more emphasis on 0172)—Revision Director, Division of Policy Review and accountability and performance Coordination. The Health Resources and Services measurement as part of the performance [FR Doc. 00–3409 Filed 2–14–00; 8:45 am] Administration (HRSA) proposes to partnership concept on which those BILLING CODE 4160±15±U revise the Guidance and Forms for the changes were built. The inclusion now Application and Annual Report for the of standard measures for all States and DEPARTMENT OF HEALTH AND Maternal and Child Health Services jurisdictions to use in conducting the HUMAN SERVICES Title V Block Grant Program. The five-year needs assessment is a natural guidance is used annually by the 50 progression in the development of the Health Resources and Services States and nine jurisdictions in making Federal-State partnership process. Administration application for Block Grants under Title Following approval of the 1997 V of the Social Security Act, and in revisions, HRSA developed and Agency Information Collection preparing the required annual report. instituted an automated electronic data Activities: Submission for OMB The proposed revisions follow and collection and reporting system, the Review; Comment Request build on extensive modifications made Title V Electronic Reporting Package to the guidance and forms in 1997. The (Title V ERP). The ERP has greatly Periodically, the Health Resources proposed revisions are of two types: (1) reduced the burden on the States and and Services Administration (HRSA) Editorial and technical revisions based jurisdictions, because it provides for publishes abstracts of information on the experiences of the States and automatic calculations of ratios, rates, collection requests under review by the jurisdictions in using the guidance and and percentages, carries data over from Office of Management and Budget, in forms in 1998 and 1999; and, (2) The year to year, and assures that data used compliance with the Paperwork addition of a standard set of measures in multiple tables are entered only once. Reduction Act of 1995 (44 U.S.C. to be used in conducting the formal The ERP also provides for text entry, Chapter 35). To request a copy of the needs assessment required by Title V and facilitates the orderly printing of clearance requests submitted to OMB for every five years. This needs assessment tables, text, and required appendices. review, call the HRSA Reports will be required of each State and The estimated response burden is as Clearance Office on (301)–443–1129. jurisdiction in fiscal year 2000. follows:
Responses Type of form Number of per respond- Burden hours Total burden respondents ent per response hours
Annual Report and Application with Needs Assessment (FY 2000): States ...... 50 1 500 25,000 Jurisdictions ...... 9 1 270 2,430 Annual Report and Application without Needs Assessment (FY 2001 and FY 2002) States ...... 50 1 335 16,750 Jurisdictions ...... 9 1 135 1,215 Total Average Annual Reporting Burden ...... 21,122
Written comments and DEPARTMENT OF HOUSING AND housing agencies (PHAs) under 24 CFR recommendations concerning the URBAN DEVELOPMENT part 903, and conducting all activities related to such review, approval or proposed information collection should [Docket No. FR±4420±D±07] be sent within 30 days of this notice to: disapproval, to the Offices of Public Wendy A. Taylor, Human Resources Redelegation of Authority for Review Housing Hub Directors, Program Center and Housing Branch, Office of and Approval or Disapproval of PHA Coordinators and to the Directors of Management and Budget, New Plans Troubled Agency Recovery Centers, Executive Office Building, Room 10235, with exceptions. AGENCY: Office of the Assistant Washington, DC 20503. EFFECTIVE DATE: January 28, 2000. Secretary for Public and Indian Dated: February 7, 2000. Housing, HUD. FOR FURTHER INFORMATION CONTACT: Rod Jane Harrison ACTION: Notice of Redelegation of Solomon, Office of Policy, Program and Legislative Initiatives, Office of Public Director, Division of Policy Review and Authority. and Indian Housing, U.S. Department of Coordination. SUMMARY: In this notice, the Assistant Housing and Urban Development, 451 [FR Doc. 00–3408 Filed 2–14–00; 8:45 am] Secretary for Public and Indian Housing Seventh Street, SW, Room 4116, BILLING CODE 4160±15±U redelegates the authority for review and Washington, DC 20410. Telephone approval or disapproval of the 5-year number: (202) 708–0713. This is not a Plans and Annual Plans of a public toll-free number. This number may be
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Management and Triton Coal Company, The Bureau of Land Management, FLORIDA LLC no later than thirty days after Ridgecrest Field Office, will convene a Duval County publication of this invitation in the public meeting beginning at 7:00 P.M. Elks Club Building, (Downtown Jacksonville Federal Register. The written notice local time on Wednesday, March 8, MPS), 201–213 N. Laura St., Jacksonville, should be sent to the following 2000, in the Trona High School Library, 00000151 addresses: Triton Coal Company, LLC, 83600 Trona Road, Trona, California GEORGIA Attn: Steve Salonek, P.O. Box 3027, concerning the proposed Rocking ‘‘R’’ Gillette, WY 82717, and the BLM, Ranch. The purpose of this public Webster County Wyoming State Office, Minerals and meeting is to identify and address Webster County Jails, Unnamed city street at Lands Authorization Group, Attn: Mavis public issues and concerns, and to the jct. of Cass St. and Old Post Office Rd., Love, P.O. Box 1828, Cheyenne, WY Preston, 00000152 assess the nature and extent of potential 82003. ILLINOIS The foregoing is published in the environmental impacts which should be Federal Register pursuant to 43 CFR addressed in the Environmental Cook County 3410.2–1(c)(1). Assessment. Written comments are Somerset Hotel, requested and should be submitted no Dated: February 3, 2000. 1152–1154 S. Wabash Ave., Chicago, later than March 3, 2000, to Peter G. 00000153 Mavis Love, Graves, Resource Management IOWA Acting Chief, Leasable Minerals Section. Specialist, Bureau of Land Management, [FR Doc. 00–3066 Filed 2–14–00; 8:45 am] 300 South Richmond Road, Ridgecrest, Woodbury County BILLING CODE 4310±22±M CA 93555. For more information, Newton, James P., House and Maid Cottage, contact Peter G. Graves at (760) 384– 2312 Nebraska St., Sioux City, 00000154 DEPARTMENT OF THE INTERIOR 5429. KANSAS Dated: February 4, 2000. Ellis County Bureau of Land Management Hector A. Villalobos, Ellis Congregational Church, Eighth and [CA±650±1430±ER; CACA±40856] Field Office Manager. Washington Sts., Ellis, 00000156 [FR Doc. 00–3429 Filed 2–14–00; 8:45 am] Finney County Public Meeting BILLING CODE 4310±40±M Hope House, 1112 Gillespie Place, Garden AGENCY: Bureau of Land Management. City, 00000157 ACTION: Public Meeting. Little Finnup House, 401 N. Ninth St., DEPARTMENT OF THE INTERIOR Garden City, 00000155 SUMMARY: Notice is hereby given that Leavenworth County the Bureau of Land Management will National Park Service convene a Public Meeting to discuss a Hund School, 31874 179th St., Leavenworth, 00000158 proposed ranch in the community of National Register of Historic Places; Trona, California on March 8, 2000 from Notification of Pending Nominations Saline County 7:00 P.M. to 9:00 P.M. in the Trona High Masonic Temple, 336 S. Santa Fe Ave., School Library. The purpose of this Nominations for the following Salina, 00000192 public meeting is to identify and properties being considered for listing LOUISIANA address public issues and concerns, and in the National Register were received East Baton Rouge Parish to assess the nature and extent of by the National Park Service before potential environmental impacts which February 5, 2000. Pursuant to section Highland Stockade, Address Restricted, Baton Rouge, 00000191 should be addressed in the 60.13 of 36 CFR Part 60 written Environmental Assessment. comments concerning the significance Livingston Parish EFFECTIVE DATE: Immediately upon of these properties under the National Walker High School, 13443 Burgess Ave., publication. Register criteria for evaluation may be Walker, 00000159 FOR FURTHER INFORMATION CONTACT: forwarded to the National Register, MASSACHUSETTS Peter Graves, Ridgecrest Field Office, National Park Service, 1849 C St. NW., Suffolk County BLM, 300 South Richmond Road, NC400, Washington, DC 20240. Written Ridgecrest, CA 93555, (760) 384–5429. comments should be submitted by Fulton-Commercial Streets Historic District (Boundary Increase), SUPPLEMENTAL INFORMATION: On June 29, March 1, 2000. 81–95 Richmond St., Boston, 00000160 1999, Rocking ‘‘R’’ Ranch submitted to the Bureau of Land Management an Carol D. Shull, MONTANA ‘‘Application For Land For Recreation Keeper of the National Register. Chouteau County or Public Purpose’’ to operate a public ALASKA West Quincy Granite Quarry, Flat Creek Rd., ranch for the rescue and rehabilitation Square Butte, 00000163 of abused and neglected horses. The Nome Borough-Census Area proposed ranch would be located on Fergus County Old St. Joseph’s Catholic Church, Bering and public land near the community of Lewistown Satellite Airfield Historic District, Seppala Sts., Nome, 00000149 Trona, California. The land is more fully US 87, Lewistown, 00000162 described as follows: ARKANSAS NEBRASKA Mount Diablo Meridian, California Crawford County Adams County T. 25 S., R. 43 E., Chester Masonic Lodge and Community Heartwell Park Historic District, 105–106 Sec. 18, SW1⁄4. Building, Jct. of Front and Dickson Sts., Lakeside Dr. 110–602 Forest Blvd., and 923 Containing 40.00 acres more or less, in the Chester, 00000150 and 1109 N. Elm St., Hastings, 00000168 County of San Bernardino, State of McCue—Trausch Farmstead, Address California. Restricted, Hastings, 00000165
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Boone County Dakota MPS), Local Rd. over Mud Creek, Lexington County St. Anthony’s Church and School, 514 W. Stratford, 00000184 George’s Grist and Flour Mill, (Lexington Main St. and 103 N 6th St., Cedar Rapids, South Dakota Dept. of Transportation Bridge County MRA), Gibson’s Pond Rd., 00000172 No. 07–268–030, (Historic Bridges in South Lexington, 83003877 Dakota MPS), Local Rd. over James River, Douglas County Hecal, 00000186 Newberry County Farnam Building, 1607–1617 Farnam St., South Dakota Dept. of Transportation Bridge Stewart House, (Newberry MRA), 1001 Omaha, 00000171 No. 07–304–414, (Historic Bridges in South Wilson St., Newberry, 80003685 Keeline Building, 319 S 17th St., Omaha, Dakota MPS), Local Rd. over Ferney Orangeburg County 00000170 Ravine, Ferney, 00000187 Moses, G.C., Block, 1234–1244 S 13th St., Rocks Plantation, 7 mi. E of Eutawville off SC Omaha, 00000169 TEXAS 6, Orangeburg vicinity, 76001709 Red Willow County Tarrant County Richland County McCook YMCA, 424 Norris Ave., McCook, Arlington Post Office, 200 W. Main St., Zion Protestant Episcopal Church, (Lower 00000167 Arlington, 00000188 Richland County MRA), SC 263, Eastover, 86000543 Sioux County WASHINGTON Sandford Dugout, Address Restricted, Walla Walla County Spartanburg County Mitchell, 00000166 Franklin Hotel, 185 E. Main St., Spartanburg, Whitehouse—Crawford Planing Mill, 212 N. 83002207 NEW JERSEY 3rd Ave., Walla Walla, 00000189 Williamsburg County Essex County WISCONSIN Black Mingo Baptist Church, SE of Nesmith, Pine Street Historic District, Roughly Eau Claire County Nesmith vicinity, 80003713 bounded by Glenridge Ave., the NJ Anderson, Brady and Waldermar Ager TRANSIT Boonton Line, Pine and Baldwin [FR Doc. 00–3410 Filed 2–14–00; 8:45 am] Sts., Montclair, 00000175 House, 514 W. Madison St., Eau Claire, 00000190 BILLING CODE 4310±70±P Hunterdon County Due to Procedural Error a request for Readingsburg Historic District, Cokesbury Removal has been made for the following DEPARTMENT OF THE INTERIOR and Stone Mill Rds., NJ 639, Clinton, resource: 00000176 NORTH CAROLINA Bureau of Reclamation NEW YORK Mecklenburg County Information Collection Activities; Wayne County McAuley Farm (Rural Mecklenburg County Proposed Collection; Comment Gates Hall and Pultneyville Public Square, MPS), 10724 Alexanderana Rd., Charlotte Request; Extension Lake Rd., Pultneyville, 00000177 vicinity 91000024 NORTH CAROLINA AGENCY: Bureau of Reclamation, There has been a request for removal for the Interior. Warren County following resources: ACTION: Notice and request for Warren County Fire Tower, 4.5 mi. S of SOUTH CAROLINA comments. Warrenton on NC 58 S, Liberia, 00000164 Charleston County OHIO SUMMARY: In accordance with the Laurel Hill, Off US 17, McClellanville, Paperwork Reduction Act of 1995, this Cuyahoga County 85002359 notice announces that the Bureau of Harp Apartments, 1389 W. 64th St., Cherokee County Reclamation (Reclamation) is seeking an Cleveland, 00000180 Robbs House, (Gaffney MRA), 310 W. Burford extension of the following information White Chewing Gum Company Building, St., Gaffney, 86000593 collection: Diversions, Return Flow, and 10307 Detroit Ave., Cleveland, 00000181 Sarratt House, (Gaffney MRA), 217 Marion Consumptive Use of Colorado River Vinton County St., Gaffney, 86000599 Water in the Lower Colorado River Masonic Lodge #472, 18 Commercial St., Victory Cotton Oil Company Complex, Basin, OMB No. 1006–0015. Before Zaleski, 00000182 (Gaffney MRA), W side of Frederick St. submitting the information collection between Hill and Johnson Sts., Gaffney, request to the Office of Management and OKLAHOMA 86000596 Budget for approval, Reclamation is Canadian County West End Elementary School, (Gaffney soliciting comments on specific aspects MRA), Floyd Baker Blvd. And Broad St., of the information collection. El Reno High School, 405 S. Choctaw, El Gaffney, 86000600 Reno, 00000179 DATES: Comments on this notice must be El Reno Municipal Swimming Pool Bath Florence County received by April 17, 2000. House, 715 S. Morrison, El Reno, 00000178 Gregg, Dr. Benjamin, House, 315 S. Colt St., ADDRESSES: Address all comments SOUTH DAKOTA Florence, 78002508 concerning this notice to Information Brown County Georgetown County Collection Officer, Bureau of South Dakota Dept. of Transportation Bridge China Grove, SC 512, Georgetown vicinity, Reclamation, D–7924, P.O. Box 25007, No. 07–009–060, (Historic Bridges in South 82003851 Denver, Colorado 80225–0007. Dakota MPS), Local Rd. over Elm Dam FOR FURTHER INFORMATION CONTACT: Spillway, Frederick, 00000185 Greenville County Susan Rush, Information Collection South Dakota Dept. of Transportation Bridge Old Textile Hall, 322 W. Washington St., Officer, (303) 445–2047; Internet No. 07–091–330, (Historic Bridges in South Greenville, 80003672 address: [email protected]. Dakota MPS), Cty Highway over State of South Dakota RR tracks, Aberdeen, Lancaster County SUPPLEMENTARY INFORMATION: Comments 00000183 Stewart-Sapp House, (Lancaster County are invited on: (a) whether the proposed South Dakota Dept. of Transportation Bridge MPS), SC 522 and SC 28, Tradesville collection of information is necessary No. 07–220–454, (Historic Bridges in South vicinity, 90000097 for the proper performance of
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Reclamation’s functions, including DEPARTMENT OF LABOR Affected Public: State, Local, or Tribal whether the information will have Government. practical use; (b) the accuracy of Office of the Secretary Frequency: On Occasion. Reclamation’s estimated time and cost Number of Respondents: 1. Submission for OMB Review; burdens of the proposed collection of Estimated time per respondent: 1 Comment Request information, including the validity of Hour. the methodology and assumptions used; February 8, 2000. Total burden hours: 1 Hour. (c) ways to enhance the quality, use, and The Department of Labor (DOL) has Description: The process through clarity of the information to be submitted the following public which States request advances from the collected; and (d) ways to minimize the information collection request (ICR) to Federal Unemployment Account in the burden of the collection of information the Office of Management and Budget Unemployment Trust Fund and make on respondents, including increased use (OMB) for review and approval in voluntary repayments of the advances to of automated collection techniques or accordance with the Paperwork the Federal Unemployment Account. other forms of information technology. Reduction Act of 1995 (Pub. L. 104–13, Ira L. Mills, Consideration will be given to 44 U.S.C. Chapter 35). A copy of the Departmental Clearance Officer. comments and suggestions submitted ICR, with applicable supporting within 60 days of this publication. documentation, may be obtained by [FR Doc. 00–3508 Filed 2–14–00; 8:45 am] Title: Diversions, Return Flow, and calling the Department of Labor. To BILLING CODE 4510±30±M Consumptive Use of Colorado River obtain documentation for BLS, ETA, Water in the Lower Colorado River PWBA, and OASAM contact Karin Kurz DEPARTMENT OF LABOR Basin. ((202) 219–5096 ext. 159 or by E-mail to OMB No.: 1006–0015. [email protected]). To obtain Employment and Training Abstract: Reclamation delivers documentation for ESA, MSHA, OHSA, Administration Colorado River water to water users for and VETS contact Darrin King ((202) diversion and beneficial consumptive 219–5096 ext. 151 or by E-mail to King- Notice of Determinations Regarding use in the States of Arizona, California, [email protected]). Eligibility To Apply for Worker and Nevada. Under Supreme Court Comments should be sent to Office of Adjustment Assistance and NAFTA order, the United States is required, at Information and Regulatory Affairs, Transitional Adjustment Assistance least annually, to prepare and maintain Attn: OMB Desk Officer for BLS, DM, complete, detailed, and accurate records ESA, ETA, MSHA, OSHA, PWBA, or In accordance with Section 223 of the of diversions of water, return flow, and VETS, Office of Management and Trade Act of 1974, as amended, the consumptive use. This information is Budget, Room 10235, Washington, DC Department of Labor herein presents needed to ensure that a State or a water 20503 ((202) 395–7316), within 30 days summaries of determinations regarding user within a State does not exceed its from the date of this publication in the eligibility to apply for trade adjustment authorized use of Colorado River water. Federal Register. assistance for workers (TA–W) issued Water users are obligated to provide The OMB is particularly interested in during the period of January and information on diversions and return comments which: February, 2000. flows to Reclamation by provisions in • evaluate whether the proposed In order for an affirmative their water delivery contracts. collection of information is necessary determination to be made and a Reclamation determines the for the proper performance of the certification of eligibility to apply for consumptive use by subtracting return functions of the agency, including worker adjustment assistance to be flow from diversions or by other whether the information will have issued, each of the group eligibility engineering means. Without the practical utility; requirements of Section 222 of the Act information collected, Reclamation • evaluate the accuracy of the must be met. could not comply with the order of the agency’s estimate of the burden of the (1) That a significant number or United States Supreme Court to prepare proposed collection of information, proportion of the workers in the and maintain detailed and accurate including the validity of the workers’ firm, or an appropriate records of diversions, return flow, and methodology and assumptions used; subdivision thereof, have become totally consumptive use. • enhance the quality, utility, and or partially separated, Description of respondents: The clarity of the information to be (2) That sales or production, or both, Lower Basin States (Arizona, California, collected; and of the firm or subdivision have and Nevada), local and tribal entities, • minimize the burden of the decreased absolutely, and water districts, and individuals that use collection of information on those who (3) That increases of imports of Colorado River water. are to respond, including through the articles like or directly competitive with Frequency: Annually, or otherwise as use of appropriate automated, aticles produced by the firm or determined by the Secretary of the electronic, mechanical, or other appropriate subdivision have Interior. technological collection techniques or contributed importantly to the Estimated completion time: An other forms of information technology, separations, or threat thereof, and to the average of 6 hours per respondent. e.g, permitting electronic submission of absolute decline in sales or production. responses. Annual responses: 54 respondents. Negative Determinations for Worker Agency: Employment and Training Annual burden hours: 324. Adjustment Assistance Administration. Dated: February 7, 2000. Title: Governor’s Requests for In each of the following cases the John E. Redlinger, Advances from the Federal investigation revealed that criterion (3) Acting Area Manager, Boulder Canyon Unemployment Account or Requests for has not been met. A survey of customers Operations Office, Lower Colorado Region. Voluntary Repayment of Such indicated that increased imports did not [FR Doc. 00–3335 Filed 2–14–00; 8:45 am] Advances. contribute importantly to worker BILLING CODE 4310±94±P OMB Number: 1205–0199. separations at the firm.
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TA–W–36,688; Flynt Fabrics, Inc., Affirmative Determinations for Worker TA–W–37, 006; Kim Michaels, Inc., Wadesboro, NC Adjustment Assistance Hammonton, NJ: October 12, 1998. In the following cases, the The following certifications have been TA–W–37, 180; Russell Manufacturing, investigation revealed that the criteria issued; the date following the company Inc., Lebanon, VA: December 3, 1998. for eligibility have not been met for the name and location of each TA–W–37, 971; United Distillers and reasons specified. determination references the impact Vintners of North America, Allen TA–W–37,100; Maine Yankee Atomic date for all workers of such Park, MI: September 28, 1998. Power Co., Wiscasset, ME determination. TA–W–36, 961; General Electric Meter TA–W–37,246; Epperheimer, Inc., Kenai, TA–W–37,183; Lido Fashions, Paterson, Business, Single Phase Residential AK NJ; November 19, 1998. Meter Final Assembly, Somersworth, TA–W–37,204; General Electric, GE TA–W–37,121; Quantegy, Inc., Opelika, NH: September 29, 1998. Capital, Brookfield, WI AL; November 10, 1998. TA–W–37, 007; Metlakatla Forest TA–W–37,204; General Electric, GE TA–W–37,206; Tultex Corp., Roxboro, Products, Metlakatla, AK: October 7, Capital, Brookfield, WI NC and Longhurst, NC; December 10, 1998. TA–W–37,299; L.G. & E Natural 1998. Gathering & Processing, Hobbs, NM TA–W–37,112; Sourceone TA–W–37, 126; Spartan Mills, TA–W–37,177; Acker & Jablow Fabrics Manufacturing Services LLC, Beaumont Mills Plant, Spartanburg, LTD, New York, NY Brookhill and North Avenue Plants, SC: November 15, 1998. TA–W–37,248; FirstFleet, Inc., Baltimore, MD; November 1, 1998. TA–W–37, 014; Spartan Mills, John H. Harlingen, TX TA–W–37,157; The Chinet Co., Montgomery Plant, Chesnee, SC: TA–W–37,234; Seagate Technology, Waterville, ME; November 30, 1998. October 20, 1998. Inc., Customer Service Operations & TA–W–37,071; Technistar Corp., Also, pursuant to Title V of the North Research and Design Center, Longmont, CO; October 27, 1998. American Free Trade Agreement Oklahoma City, OK TA–W–37,032; FAG Bearings, Joplin, Implementation Act (P.L. 103–182) The workers firm does not produce an MO; October 21, 1998. concerning transitional adjustment article as required for certification under TA–W–37,026; Stupp Corp., Baton assistance hereinafter called (NAFTA– section 222 of the Trade Act of 1974. Rouge, LA; October 14, 1998. TAA) and in accordance with Section TA–W–37,158; Paramount Knit, TA–W–37,075; Steeltech, Milwaukee, WI 250(a), Subchapter D, Chapter 2, Title II, Bourbon, MO; November 30, 1998. TA–W–36,954; Intel Corp., Chandler of the Trade Act as amended, the TA–W–37,085; Tulon, Inc., Gardena, Assembly Test Facility, Chandler, AZ Department of Labor presents CA; November 10, 1998. summaries of determinations regarding TA–W–36,991; Piezo Crystal, Carlisle, TA–W–37,115; Neles Automation, Field eligibility to apply for NAFTA–TAA PA Control Div., Shrewsbury, MA; TA–W–37,096; Royal Oak Enterprises, issued during the month of January and November 15, 1998. Meta, MO TA–W–37, 268; Hampton Industries, February, 2000. TA–W–37,144; AlliedSignal, Inc., Warrenton, NC: January 24, In order for an affirmative Mishawaka, IN 1999. determination to be made and a TA–W–37,109; DMI Furniture, Inc., TA–W–37, 033; United Technologies certification of eligibility to apply for Plant #4, Ferdinand, IN Automotive, Inc., a/k/a Lear Corp, NAFTA–TAA the following group TA–W–37,242; Wardson, Inc., Ceramic Ave. Plant, Zanesville, OH: eligibility requirements of Section250 of Adamsville, TN February 7, 1999. the Trade Act must be met: TA–W–37,189; B.F. Goodrich, Fairbanks TA–W–37, 235; Angelica Image Apparel, (1) That a significant number or Morse Engine Div., Beloit, WI Ackerman Facility, Ackerman, MS: proportion of the workers in the TA–W–37,086; Garden State Tanning, December 16, 1998. workers’ firm, or an appropriate Inc., Adrian, MI TA–W–37, 042; Wilson Sporting Goods subdivision thereof, (including workers Increased imports did not contribute Co., Sparta, TN: October 22, 1998. in any agricultural firm or appropriate importantly to worker separations at the TA–W–37, 197; Kellwood Co., subdivision thereof) have become totally firm. Sportswear Div., Calhoun City, MS: or partially separated from employment TA–W–37,164; Fogel Neckwear Corp., December 6, 1998. and either— New York, NY TA–W–37, 253; TAB Products, Turlock, (2) That sales or production, or both, The investigation revealed that CA: December 18, 1998. of such firm or subdivision have criteria (2) and criteria (3) have not been TA–W–37, 196; Littonian Shoe Co., decreased absolutely, met. Sales or production did not decline Littlestown, PA: January 29, 2000. TA–W–37, 228 & A, B; Third (3) That imports from Mexico or during the relevant period as required Generation, Inc, Latta, SC, Ware Canada of articles like or directly for certification. Increases of imports of Shoals, SC and Honea Path, SC: competitive with articles produced by articles like or directly competitive with December 22, 1998. such firm or subdivision have increased, articles produced by the firm or an TA–W–37, 892; NEC Technologies, Inc., and that the increases imports appropriate subdivision have not Georgia Plant, McDonough, GA: contributed importantly to such contributed importantly to the August 25, 1998. workers’ for separations or threat of separations or threat thereof, and the TA–W–37, 233; Dana Corp., Parish Light separation and to the decline in sales or absolute decline in sales or production. Vehicle Structures Div., Reading, PA: production of such firm or subdivision; TA–W–37,201; Drummond Co., Inc., February 9, 2000. or Cedrum Mine Walker County, TA–W–36, 990 & A, B & C; Bayer (4) That there has been a shift in Birmingham, AL Clothing Group, Inc., Target Square production by such workers’ firm or U.S. imports of coal from all sources Facility, Clearfield, PA, Fletcherville subdivision to Mexico or Canada of were negligible (less than one percent of Facility, Clearfield, PA, Hyde Facility, articles like or directly competitive with U.S. production) during the relevant Hyde, PA and Kent Facility, articles which are produced by the firm period. Curwensville, PA: October 5, 1998. or subdivision.
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Negative Determinations NAFTA–TAA NAFTA–TAA–03576; Champion DEPARTMENT OF LABOR In each of the following cases the Laboratories, Inc., Fuel Filter investigation revealed that criteria (3) Technologies, Inc., Shelby Township, Employment and Training and (4) were not met. Imports from MI: November 5, 1998. Administration Canada or Mexico did not contribute NAFTA–TAA–03652; ABB Automation, importantly to worker’ separations. Inc., Electronic & Systems Assembly [TA±W±35,970] There was no shift in production from Div., Williamsport, PA: December 28, Glenoit Corporation, Jacksboro, the subject firm to Canada or Mexico 1998. during the relevant period. Tennessee; Notice of Negative NAFTA–TAA–03573; Hempfield NAFTA–TAA–03597; Spartan Mills, Determination on Reconsideration Foundries Co., Greensburg, PA: Beaumont Mills Plant, Spartansburg, November 9, 1998. SC On November 15, 1999, the NAFTA–TAA–03618; B.F. Goodrich, NAFTA–TAA–03586; Neles Department issued an Affirmative Fairbanks Morse Engine Div., Beloit, Automation, Field Control Div., Determination Regarding Application WI Shrewsbury, MA: November 15, 1998. for Reconsideration applicable to NAFTA–TAA–03648; Wardson, Inc., NAFTA–TAA–03626; Russell workers of the subject firm. The Union Adamsville, TN Manufacturing, Lebanon, VA: of Needletrades, Industrial and Textile NAFTA–TAA–03541; FAG Bearings, December 3, 1998. Employees, AFL–CIO, CLC, (UNITE) Joplin Plant, Joplin, MO presented evidence that the NAFTA–TAA–03539; Stupp Bros., Inc., NAFTA–TAA–03404; Thomas & Betts Department’s survey of the subject Stupp Corp., Baton Rouge, LA Corp., Communications Division, firm’s customers was incomplete. The NAFTA–TAA–03569; Kim Michaels, Kent, WA: August 16, 1998. notice was published in the Federal Inc., Hammonton, NJ NAFTA–TAA–03655; Nutone, Inc., NAFTA–TAA–03557; Royal Oak Register on November 23, 1999 (64 FR Enterprises, Meta, MO Coppell, TX: January 4, 1999. 65728). NAFTA–TAA–03536; Spartan Mills, NAFTA–TAA–03607; The Chinet Co., The Department initially denied TAA John H. Montgomery Plant, Chesnee, Waterville, ME: December 1, 1998. to workers producing fleece fabric at SC NAFTA–TAA–03639; Dana Corp., Glenoit Corporation located in NAFTA–TAA–0346 A; UNIFI, Inc., Parish Light Vehicle Structures Div., Jacksboro, Tennessee, based on the Raeford Plant, NC and Sanford Plant, Reading, PA: January 24, 2000. finding that the ‘‘contributed Sanford, NC importantly’’ test of the worker group NAFTA–TAA–03584; Masonite Corp., NAFTA–TAA–03511; Metlakatla Forest eligibility requirements of Section 222 Pilot Rock, Or Products, Metlakatla, AK: October 15, of the Trade Act of 1974, as amended, NAFTA–TAA–03643; Republic Builders 1998. was not met. The investigation revealed Products Corp., Oyersburg, TN NAFTA–TAA–03600; Garden State NAFTA–TAA–03344; Flynt Fabrics, Inc., that the customers responding to a Tanning, Inc., Adrian, MI: November Wadesboro, NC customer survey reported no increase in NAFTA–TAA–03591; Vincent Dress, 8, 1998. import purchases of fleece fabric during Inc., Jermyn, PA NAFTA–TAA–03608; White Swan-Meta, the relevant time period of the NAFTA–TAA–03599; Hagale Industries, Dawson Springs, KY: December 2, investigation (1997 to 1998 and the first Inc., Marshfield, MO 1998. half of 1999 compared to first half of NAFTA–TAA–03567; DMI Furniture, NAFTA–TAA–03619; Sulzer Pumps, 1998). Inc., Desk Plant #4, Ferdinand, IN Portland, OR: December 7, 1998. At the Department’s request, the The investigation revealed that the subject firm identified additional criteria for eligibility have not been met NAFTA–TAA–03620; VF Workwear, declining customers. On for the reasons specified. Inc., Erwin, TN: December 7, 1998. reconsideration, the Department NAFTA–TAA–03667; Winpak Portion NAFTA–TAA–3693; Lower Umpqua conducted further survey of the subject Federal Credit Union, Reedsport, OR Packaging, Bristol, PA: January 7, firm’s major declining customers. One NAFTA–TAA–03675; KTI Energy of 1999. Martinsville, Inc., Martinsville, VA respondent reported replacing NAFTA–TAA–03664; Snap-On, Inc., I hereby certify that the purchases of fleece fabric from Glenoit Ottawa, IL aforementioned determinations were with imports. This customer, however, NAFTA–TAA–03634; General Electric, issued during the month of January and accounted for an insignificant GE Capital, Brookfield, WI February, 2000. Copies of these percentage of the subject firm’s sales NAFTA–TAA–03659; FirstFleet, Inc., determinations are available for decline. Other respondents to the survey Harlingen, TX inspection in Room C–4318, U.S. reported no import purchases of fleece The investigation revealed that Department of Labor, 2000 Constitution fabric like or directly competitive with workers of the subject firm did not Avenue, NW, Washington, DC 20210 that produced by the workers of the produce an article within the meaning during normal business hours or will be firm. of Section 250(a) of the Trade Act, as mailed to persons who write to the Conclusion amended. above address. Affirmative Determinations NAFTA– Dated: February 9, 2000. After reconsideration, I affirm the TAA Grant D. Beale, original notice of negative determination of eligibility to apply for NAFTA–TAA–03526; IMC Plastics, Inc., Program Manager, Division of Trade Tualatin, OR: October 20, 1998. Adjustment Assistance. worker adjustment assistance for NAFTA–TAA–03697; O’Bryan Brothers, [FR Doc. 00–3507 Filed 2–14–00; 8:45 am] workers and former workers of Glenoit Corporation, Jacksboro, Tennessee. Inc., Richland Center, WI: January 10, BILLING CODE 4510±30±M 1999.
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Signed at Washington, DC, this 2nd day of serve no purpose, and the investigation Chapter 2, of the Act. The investigations February 2000. has been terminated. will further relate, as appropriate, to the Grant D. Beale, Signed in Washington, DC, this 31st day of determination of the date on which total Program Manager, Division of Trade January, 2000. or partial separations began or Adjustment Assistance. Grant D. Beale, threatened to begin and the subdivision [FR Doc. 00–3503 Filed 2–14–00; 8:45 am] of the firm involved. Program Manager, Office of Trade BILLING CODE 4510±30±M Adjustment Assistance. The petitioners or any other persons [FR Doc. 00–3497 Filed 2–14–00; 8:45 am] showing a substantial interest in the subject matter of the invstigations may BILLING CODE 4510±30±M DEPARTMENT OF LABOR request a public hearing, provided such request is filed in writing with the Employment and Training DEPARTMENT OF LABOR Director, Division of Trade Adjustment Administration Assistance, at the address show below, Employment and Training not later than February 25, 2000. [TA±W±37,257, TA±W±37,257A] Administration Interested persons are invited to submit written comments regarding the Great American Knitting Mills, Bally, Investigations Regarding Certifications subject matter of the investigations to Pennsylvania and Great American of Eligibility To Apply for Worker the Director, Division of Trade Knitting Mills, Pottstown, Adjustment Assistance Adjustment Assistance, at the address Pennsylvania; Notice of Termination of shown below, not later than February Petitions have been filed with the Investigation 25, 2000. Secretary of Labor under section 221(a) Pursuant to section 221 of the Trade of the Trade Act of 1974 (‘‘the Act’’) and The petitions filed in this case are Act of 1974, an investigation was are identified in the Appendix to this available for inspection at the Office of initiated on January 18, 2000, in notice. Upon receipt of these petitions, the Director, Division of Trade response to a worker petition which was the Director of the Division of Trade Adjustment Assistance, Employment filed by the company on behalf of its Adjustment Assistance, Employment and Training Administration, U.S. workers at Great American Knitting and Training Administration, has Department of Labor, 200 Constitution mills, located in Bally and Pottstown, instituted investigations pursuant to Avenue, NW, Washington, DC 20210. Pennsylvania. The workers produce section 221(a) of the Act. Signed at Washington, DC, this 31st day of men’s socks. The purpose of each of the January, 2000. The petitioner has requested that the investigations is to determine whether Grant D. Beale, petition be withdrawn. Consequently the workers are eligible to apply for Program Manager, Division of Trade further investigation in this case would adjustment assistance under Title II, Adjustment Assistance.
PETITIONS INSTITUTED ON 01/31/200
Date of TA±W Subject firm (petitioners) Location petition Product(s)
37,282 ...... Hewlett Packard Co. (Wkrs) ...... Vancouver, WA ...... 01/17/2000 Printers for Computers. 37,283 ...... Nordic Group LLC (Wkrs) ...... Hubbard, OR ...... 01/12/2000 Outerwear. 37,284 ...... Fruit of the Loom (Wkrs) ...... St. Martinville, LA ...... 12/15/1999 Briefs and T-Shirts. 37,285 ...... R.L.F. Neckwear, Inc (UNITE) ...... Belleville, NJ ...... 01/11/2000 Men's Bow Ties. 37,286 ...... Northern Automotive (Wkrs) ...... West Salem, WI ...... 01/15/2000 Design Automotive Interior Parts. 37,287 ...... American Timber Co. (Co.) ...... Olney, MT ...... 01/14/2000 Stud Lumber and By-Products. 37,288 ...... Custom Packaging Systems (Co.) ... Manistee, MI ...... 01/11/2000 Flexible Intermediate Bulk Con- tainers. 37,289 ...... M. Glosser & Sons Scrap (USWA) .. Johnstown, PA ...... 01/14/2000 Various Steel Products. 37,290 ...... Ochoco Lumber Co. (Wkrs) ...... John Day, OR ...... 01/10/2000 Lumber. 37,291 ...... IMC Kalium (Wkrs) ...... Carlsbad, NM ...... 01/07/2000 Langbeintie, Muriate Sulphate & Potash. 37,292 ...... Deepwater Corrosion (Wkrs) ...... Houston, TX ...... 01/13/2000 Corrosion Services. 37,293 ...... Intermet Ironton Iron (GMP) ...... Ironton, OH ...... 01/19/2000 Automobile Bedplates and Crank- shafts. 37,294 ...... Ball Foster (Wkrs) ...... Marion, IN ...... 01/13/2000 Glass Beverage Containers. 37,295 ...... Hylton House (Wkrs) ...... Kenbridge, VA ...... 12/01/1999 Upholstered Furniture. 37,296 ...... BICC General (Wkrs) ...... Williamstown, MA ...... 01/10/2000 Cordsets. 37,297 ...... Smiley Container (PACE) ...... Poplar Bluff, MO ...... 01/19/2000 Candy Boxes. 37,298 ...... Apparel Specialist (Co.) ...... Green Bay, WI ...... 01/14/2000 Embroidered and Screened Cloth. 37,299 ...... Standard Candy Co., Inc (Co.) ...... Nashville, TN ...... 01/19/2000 King Leo Stick Candy. 37,300 ...... Award Windows (Wkrs) ...... Ferndale, WA ...... 01/13/2000 Commercial Windows.
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[FR Doc. 00–3505 Filed 2–14–00; 8:45 am] Facility located in Morrilton, Arkansas. DEPARTMENT OF LABOR BILLING CODE 4510±30±M The notice was published in the Federal Register on July 20, 1999 (64 FR 38921). Employment and Training At the request of the company, the Administration DEPARTMENT OF LABOR Department reviewed the certification for workers of the subject firm. The Investigation Regarding Certifications Employment and Training workers were engaged in the production of Eligibility To Apply for Worker Administration of men’s slacks and men’s and women’s Adjustment Assistance [TA±W±36,770] jeans. New information received by the company shows that worker separations Petitions have been filed with the Lawson Mardon Thermoplate have occurred at the following facilities Secretary of Labor under Section 221(a) Corporation, Piscataway, New Jersey; of Levi Strauss & Company: Little Rock of the Trade Act of 1974 (‘‘the Act’’) and Notice of Termination of Investigation Rescreen and Little Rock Customer are identified in the Appendix to this Service, Little Rock, Arkansas, KB’s notice. Upon receipt of these petitions, Pursuant to section 221 of the Trade Environmental Service, Menifee, the Director of the Division of Trade Act of 1974, an investigation was Arkansas and Zimmerman Food Adjustment Assistance, Employment initiated on August 30, 1999 in response Service, Morrilton, Arkansas. The Little and Training Administration, has to a worker petition which was filed by Rock Rescreen and Little Rock Customer a company official on behalf of former instituted investigations pursuant to Service provided inspection, various Section 221(a) of the Act. workers at Lawson Mardon Thermoplate customer services and distribution for Corporation, Piscataway, New Jersey. Levi Strauss & Company. KB’s The purpose of each of the The Department of Labor has been Environmental Service and Zimmerman investigations is to determine whether unable to locate an official of the Food Service provided janitorial and the workers are eligible to apply for company to provide the information cafeteria services for the subject firm’s adjustment assistance under Title II, necessary to render a trade adjustment Morrilton Sewing Facility located in Chapter 2, of the Act. The investigations assistance determination. Consequently, Morrilton, Arkansas which closed in will further relate, as appropriate, to the the Department of Labor cannot conduct early 1999. determination of the date on which total an investigation to make a The intent of the Department’s or partial separations began or determination as to whether the workers certification is to include all workers of threatened to begin and the subdivision are eligible for adjustment assistance the subject firm, including full time of the firm involved. benefits under the Trade Act of 1974. contractors working at the above The petitioners or any other persons Therefore, further investigation in this mentioned facilities, adversely affected showing a substantial interest in the matter would serve no purpose, and the by increased imports of men’s slacks investigation has been terminated. and men’s and women’s jeans. subject matter of the investigations may Accordingly, the Department is request a public hearing, provided such Signed at Washington, DC, this 28th day of request is filed in writing with the January, 2000. amending the certification to properly Director, Division of Trade Adjustment Grant D. Beale, reflect this matter. The amended notice applicable to Assistance, at the address shown below, Program Manager, Office of Trade not later than February 25, 2000. Adjustment Assistance. TA–W–36,243 is hereby issued as follows: [FR Doc. 00–3500 Filed 3–14–00; 8:45 am] Interested persons are invited to BILLING CODE 4510±30±M All workers of the following facilities of submit written comments regarding the Levi Strauss & Company: Morrilton Sewing subject matter of the investigations to Facility, Morrilton, Arkansas (TA–W– the Director, Division of Trade 36,243), Little Rock Rescreen, Little Rock, Adjustment Assistance, at the address DEPARTMENT OF LABOR Arkansas (TA–W–36,243D), Little Rock Customer Service Center, Little Rock, shown below, not later than February Employment and Training Arkansas (TA–W–36,234E), KB’s 25, 2000. Administration Environmental Service, Meniffee, Arkansas The petitions filed in this case are [TA±W±36,243 et al.] (TA–W–36,243F) and Zimmerman Food available for inspection at the Office of Service, Morrilton, Arkansas (TA–W– the Director, Division of Trade Levi Strauss and Company, et. al.; 36,243G) who became totally or partially separated from employment on or after May Adjustment Assistance, Employment Amended Certification Regarding 10, 1998 through June 24, 2001 are eligible and Training Administration, U.S. Eligibility To Apply for Worker to apply for adjustment assistance under Department of Labor, 200 Constitution Adjustment Assistance Section 223 of the Trade Act of 1974. Avenue, NW, Washington, DC 20210. In accordance with section 223 of the Signed at Washington, DC, this 1st day of Signed at Washington, DC, this 24th day of Trade Act of 1974 (19 U.S.C. 2273) the February, 2000. January, 2000. Grant D. Beale, Department of Labor issued a Grant D. Beale, Certification of Eligibility To Apply for Program Manager, Division of Trade Adjustment Assistance. Program Manager, Division of Trade Worker Adjustment Assistance on June Adjustment Assistance. 24, 1999, applicable to workers of Levi [FR Doc. 00–3504 Filed 2–14–00; 8:45 am] Strauss and Company, Morrilton Sewing BILLING CODE 4510±30±M Appendix
PETITIONS INSTITUTED ON 01/24/2000
TA-W Subject firm (petitioners) Location Date of petition Product(s)
37,263 ...... London International (Comp) ...... Dothan AL ...... 01/10/2000 Test and Package Condoms 37,263 ...... Fayette Glove Co. (Wkrs) ...... Fayette, AL ...... 01/11/2000 Surgical Gloves 37,264 ...... KTI Energy of Martinsville (Comp) Martinsville, VA ...... 01/12/2000 Steam
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PETITIONS INSTITUTED ON 01/24/2000ÐContinued
TA-W Subject firm (petitioners) Location Date of petition Product(s)
37,265 ...... O'Bryan Brothers, Inc (Wkrs) ...... Richland Center, WI ...... 01/10/2000 Sew Ladies' Lingerie, Slips, Robes 37,266 ...... Tecumseh (Comp) ...... Trenton, TN ...... 01/10/2000 Hermetic Motors/Stators 37,267 ...... Hass Tailoring (UNITE) ...... Baltimore, MD ...... 01/11/2000 Men's Suits, Sportcoats, Trousers 37,268 ...... Hampton Industries, Inc (Wkrs) .... Warrenton, NC ...... 12/02/1999 Knit Tops 37,269 ...... Strong Wood Products (Comp) ..... Strong, ME ...... 01/12/2000 Toothpicks 37,270 ...... Charles Industries, Ltd (Comp) ..... Jasonville, IN ...... 12/17/2000 Small Transformers 37,271 ...... Dynamic Details, Inc (Comp) ...... Colorado Spring, CO ...... 01/11/2000 Printed Wiring Boards 37,272 ...... Winpak Portion Packaging Bristol, PA ...... 01/07/2000 Plastic Packaging (USWA). 37,273 ...... Cumberland Apparel (Wkrs) ...... Monticello, KY ...... 01/10/2000 Children's Sleepwear 37,274 ...... Fasco Motors Group (Wkrs) ...... Eldon, MO ...... 01/04/2000 Electric Motors 37,275 ...... Walls Industries, Inc (Comp) ...... Carthage, MO ...... 01/04/2000 Work Clothing 37,276 ...... Gatesville Walls Ind. (Comp) ...... Gatesville, TX ...... 01/12/2000 Insulated Clothing 37,277 ...... Partlow-West Co (The) (Comp) .... New Hartford, NY ...... 01/13/2000 Temperature Controllers 37,278 ...... Cheraw Dyeing and Finish (Comp) Cheraw, SC ...... 01/11/2000 Dye Woven Fabrics 37,279 ...... Sterling Diagnostic (Wkrs) ...... Brevard, NC ...... 01/06/2000 Xray Film and Polyester Base 37,280 ...... John Plant Co (The) (Comp) ...... Ramseur, NC ...... 01/13/2000 Industrial Work Gloves 37,281 ...... Appleton Papers, Inc (Comp) ...... Camp Hill, PA ...... 12/21/1999 Carbonless Paper
[FR Doc. 00–3506 Filed 2–14–00; 8:45 am] DEPARTMENT OF LABOR Certification for NAFTA Transitional BILLING CODE 4510±30±M Adjustment Assistance on June 24, Employment and Training 1999, applicable to workers of Levi Administration Strauss and Company, Morrilton Sewing DEPARTMENT OF LABOR [TA±W±37,182] Facility, located in Morrilton, Arkansas. The notice was published in the Federal Employment and Training Wolverine Tube, Inc., Roxboro, North Register on July 20, 1999 (FR 38922). Administration Carolina; Notice of Termination of At the request of the company, the Investigation Department reviewed the certification [TA±W±37,222] for workers of the subject firm. The Pursuant to section 221 of the Trade workers were engaged in the production Wagener Manufacturing Company, a Act of 1974, an investigation was of men’s slacks and men’s and women’s Division of Foster Industries initiated on December 20, 1999 in jeans. New information received by the Incorporated, Wagener, South response to a worker petition which was company shows that worker separations Carolina; Notice of Termination of filed on the same date on behalf of have occurred at the following facilities of Levis Strauss & Company: Little Rock Investigation workers at Wolverine Tube, Inc., Roxboro, North Carolina. Rescreen and Little Rock Customer Service, Little Rock, Arkansas, KB’s Pursuant to Section 221 of the Trade The petitioner has requested that the Environmental Service, Menifee, Act of 1974, an investigation was petition be withdrawn. Consequently, further investigation in this case would Arkansas and Zimmerman Food initiated on January 3, 2000 in response serve no purpose, and the investigation Service, Morrilton, Arkansas. The Little to a worker petition which was filed on has been terminated. Rock Rescreen and Little Rock Customer behalf of workers at Wagener Service provided inspection, various Manufacturing Company, a division of Signed in Washington, DC, this 2nd day of February 2000. customer services and distribution for Foster Industries, Incorporated, located Levi Strauss & Company. KB’s Grant D. Beale, in Wagener, South Carolina. Environmental Service and Zimmerman Program Manager, Office of Trade Food Service provided janitorial and An active certification covering the Adjustment Assistance. cafeteria services for the subject firm’s petitioning group of workers remains in [FR Doc. 00–3499 Filed 2–14–00; 8:45 am] effect (TA–W–36,937). Consequently, Morrilton Sewing Facility located in BILLING CODE 4510±30±M further investigation in this case would Morrilton, Arkansas which closed in serve no purpose, and the investigation early 1999. The intent of the Department’s has been terminated. DEPARTMENT OF LABOR certification is to include all workers of Signed in Washington, DC, this 4th day of Employment and Training the subject firm, including full time January 2000. Administration contractors working at the above Grant D. Beale, mentioned facilities, adversely affected Program Manager, Office of Trade [NAFTA±03161, et al.] by increased imports from Canada and Adjustment Assistance. Mexico. Levi Strauss and Company, et al.; [FR Doc. 00–3502 Filed 2–14–00; 8:45 am] The amended notice applicable to Amended Certification Regarding NAFTA–03161 is hereby issued as BILLING CODE 4510±30±M Eligibility To Apply for NAFTA- follows: Transitional Adjustment Assistance All workers of the following facilities of Levi Strauss & Company: Morrilton Sewing In accordance with section 250(A), Facility, Morrilton, Arkansas (NAFTA– Subchapter D, Chapter 2, Title II, of the 03161), Little Rock Rescreen, Little Rock Trade Act of 1974 (19 USC 2273), the Arkansas (NAFTA–03161D), Little Rock Department of Labor issued a Customer Service Center, Little Rock,
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Arkansas (NAFTA—3161E), KB’s Street, NW, Suite 502, Washington, DC The Board and the NSF Director Environmental Service, Menifee, Arkansas 20037. Telephone: (202) 724–0015. solicit and evaluate nominations for (NAFTA—03161F) and Zimmerman Food SUMMARY: The National Education Goals submission to the President. Service, Morrilton, Arkansas (NAFTA– Nominations accompanied by 03161G) who became totally or partially Panel was established to monitor, separated from employment on or after May measure and report state and national biographical information may be 10, 1998 through June 24, 2001 are eligible progress toward achieving the eight forwarded to the Chairman, National to apply for NAFTA–TAA Section 250 of the National Education Goals, and report to Science Board, 4201 Wilson Boulevard, Trade Act of 1974. the states and the Nation on that Arlington, VA, 22230, no later than Signed at Washington, DC, this 1st day of progress. March 31, 2000. February, 2000. The meeting is open to the public. Any questions should be directed to Grant D. Beale, Agenda items will include: A Panel Mrs. Susan E. Fannoney, Staff Assistant, Program Manager, Division of Trade discussion on data and reporting issues National Sciences Board Office (703) Adjustment Assistance. with presentations given by Cynthia D. 306–2000. [FR Doc. 00–3498 Filed 2–14–00; 8:45 am] Price, Associate Director of Analysis Dated: February 10, 2000. BILLING CODE 4510±30±M and Reporting, NEGP, on background of data issues; Gary Philips, Acting Karen J. York, Commissioner of the National Center for Committee Management Officer. DEPARTMENT OF LABOR Education Statistics (NCES), on the [FR Doc. 00–3542 Filed 2–14–00; 8:45 am] perspective of NCES; and Mark Musick, BILLING CODE 7555±01±M Employment and Training Chair and President, respectively, of the Administration National Assessment Board (NAGB) and the Southern Regional Education Board NATIONAL SCIENCE FOUNDATION [NAFTA±03613] (SREB), on the perspectives of NAGB and SREB; as well as an action to Wolverine Tube, Inc., Roxoboro, North Special Emphasis Panel in Civil and establish a Data and Reporting Task Carolina; Notice of Termination of Mechanical Systems; Notice of Force. Investigation Meeting Also included on the agenda will be Pursuant to Section 250 of the Trade the passing of the gavel from Governor In accordance with the Federal Act of 1974, an investigation was Paul E. Patton (D–KY), NEGP Chair, Advisory Committee Act (Pub. L. 92– initiated on December 3, 1999 on behalf 1999 to Governor Tommy G. Thompson, 463, as amended), the National Science of workers Wolverine Tube, Inc., (R–WI), NEGP Chair, 2000. At that time Foundation announces the following Roxoboro, North Carolina. Governor Thompson will announce the meeting: The petitioner has requested tha the Panel’s initiatives for the year 2000. Name: Special Emphasis Panel in petition be withdrawn. Consequently, Dated: February 9, 2000. Civil and Mechanical Systems (1205) further investigation in this case would Ken Nelson, serve no purpose, and the investigation Date/Time: March 20, 2000 and Executive Director, National Education Goals March 21, 2000, 8:00 a.m. to 5:00 p.m. has been terminated. Panel Signed in Washington, DC, this 2nd day of [FR Doc. 00–3425 Filed 2–14–00; 8:45 am] Place: NSF, 4201 Wilson Boulevard, Room 365, Arlington, Virginia 22230. February 2000. BILLING CODE 4010±01±M Grant D. Beale, Type of Meeting: Closed. Program Manager, Office of Trade Contact Person: Dr. Alison Flatau, Adjustment Assistance. Program Director, Dynamic Systems and [FR Doc. 00–3501 Filed 2–14–00; 8:45 am] NATIONAL SCIENCE FOUNDATION Control, Sensor Technologies for Civil BILLING CODE 4510±30±M and Mechanical Systems, National National Science Board; Nominations Science Foundation, 4201 Wilson for Membership Boulevard, Room 545 Arlington, VA. NATIONAL EDUCATION GOALS The National Science Board (NSB) is (703) 306–1361. PANEL the policymaking body for the National Purpose of Meeting: To provide Science Foundation (NSF). The Board advice and recommendations Meeting consists of 24 members appointed by concerning proposals submitted to NSF the President, with the advice and AGENCY: National Education Goals for financial support. consent of the Senate, for six-year terms, Panel. Agenda: To review and evaluate in addition to the NSF Director ex ACTION: Notice of Meeting. officio. Section 4(c) of the National nominations for the FY’00 Sensor Technologies for Civil and Mechancial SUMMARY: This notice sets forth the date Science Foundation Act of 1950, as amended, states that: ‘‘The persons Systems Review Panel proposals as part and location of a forthcoming meeting of of the selection process for awards. the National Education Goals Panel. nominated for appointment as members Reason For Closing: The proposals This notice also describes the functions of the Board (1) shall be eminent in the being reviewed include information of a of the Panel. fields of the basic, medical, or social sciences, engineering, agriculture, proprietary or confidential nature, DATE AND TIME: Saturday, February 26, education, research management, or including technical information; 2000 from 9:00 a.m. to 11:00 a.m. public affairs; (2) shall be selected solely financial data, such as salaries and ADDRESSES: National Press Club, 529 on the basis of established records of personal information concerning 14th Street, NW, HOLEMAN LOUNGE, distinguished service; and (3) shall be so individuals associated with the Washington, DC 2005. selected as to provide representation of proposals. These matters are exempt FOR FURTHER INFORMATION CONTACT: Ken the views of scientific and engineering under 5 U.S.C. 552b(c) (4) and (6) of the Nelson, Executive Director, 1255 22nd leaders in all areas of the Nation.’’ Government in the Sunshine Act.
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Dated: February 10, 2000. Name: Special Emphasis Panel in Civil and Agenda: To review and evaluate proposals Karen J. York, Mechanical Systems (1205). submitted to the Small Business Innovation Date/Time: March 20, 2000 and March 21, Committee Management Officer. Research (SBIR) and Small Business 2000, 8 a.m. to 5 p.m. Technology Transfer (STTR) Programs as part [FR Doc. 00–3538 Filed 2–14–00; 8:45 am] Place: NSF, 4201 Wilson Boulevard, Room of the selection process for awards. BILLING CODE 7555±01±M 530, Arlington, Virginia 22230. Reason for Closing: The proposals being Type of Meeting: Closed. reviewed include information of a Contact Person: Dr. Alison Flatau, Program proprietary or confidential nature, including NATIONAL SCIENCE FOUNDATION Director, Dynamic Systems and Control, technical information; financial data, such as Sensor Technologies for Civil and salaries, and personal information Special emphasis Panel in Civil and Mechanical Systems, National Science concerning individuals associated with the Mechanical Systems; Notice of Foundation, 4201 Wilson Boulevard, Room proposals. These matters are exempt under 5 Meeting 545, Arlington, VA 22230. (703) 306–1361. U.S.C. 552b(c), (4) and (6) of the Government Purpose of Meeting: To provide advice and in the Sunshine Act. In accordance with the Federal recommendations concerning proposals Dated: February 1, 2000. Advisory Committee Act (Pub. L. 92– submitted to NSF for financial support. Agenda: To review and evaluate 463, as amended), the National Science Karen J. York, nominations for the FY’00 Sensor Committee Management Officer. Foundation announces the following Technologies for Civil and Mechanical meeting: Systems Review Panel proposals as part of [FR Doc. 00–3536 Filed 2–14–00; 8:45 am] Name: Special Emphasis Panel in Civil and the selection process for awards. BILLING CODE 7555±01±M Mechanical Systems (1205). Reason for Closing: The proposals being Date/Time: March 23, 2000 and March 24, reviewed include information of a 2000, 8 a.m. To 5 p.m. proprietary or confidential nature, including NATIONAL SCIENCE FOUNDATION Place: NSF, 4201 Wilson Boulevard, Room technical information; financial data, such as 530, Arlington, Virginia 22230. salaries and personal information concerning Advisory Panel for Economics, Type of Meeting: Closed. individuals associated with the proposals. Decision and Management Sciences; Contact Person: Dr. Alison Flatau, Program These matters are exempt under 5 U.S.C. Notice of Meeting Director, Dynamic Systems and Control, 552b(c) (4) and (6) of the Government in the Sensor Technologies for Civil and Sunshine Act. In accordance with the Federal Mechanical Systems, National Science Dated: February 10, 2000. Advisory Committee Act (Pub. L. 92– foundation, Room 545, Arlington, VA 22230 Karen J. York, 463, as amended), the National Science (703) 306–1361. Purpose of Meeting: To provide advice and Committee Management Officer. Foundation (NSF) announces the recommendations concerning proposals [FR Doc. 00–3544 Filed 2–14–00; 8:45 am] following four meetings of the Advisory submitted to NSF for financial support. BILLING CODE 7555±01±M Panel for Economics, Decision, and Agenda: To review and evaluate Management Sciences (17559): nominations for the FY’00 Dynamic Systems 1. Date & Time: April 7–8, 2000; 9:00 a.m. and Control Review Panel proposals as part NATIONAL SCIENCE FOUNDATION to 5:00 p.m. of the selection process for awards. Place: National Science Foundation, 4201 Reason for Closing: The proposals being Special Emphasis Panel in Design, Wilson Boulevard, Arlington, VA 22230. reviewed include information of a Manufacturing, and Industrial Contact Person: Dr. Daniel H. Newlon, proprietary or confidential nature, including Innovation; Notice of Meeting Program Director for Economics, National technical information; financial data, such as Science Foundation, 4201 Wilson Boulevard, salaries and personal information concerning In accordance with the Federal Suite 995, Arlington, VA 22230. Telephone: individuals associated with the proposals. Advisory Committee Act (Pub. L. 92– (703) 306–1753. These matters are exempt under 5 U.S.C. 463, as amended), the National Science Agenda: To review and evaluate 552b(c) (4) and (6) of the Government in the Foundation announces the following Economics proposals as part of the selection Sunshine Act. meeting: process for awards. Dated: February 10, 2000. Name: Special Emphasis Panel in Design, 2. Date & Time: April 27–28, 2000; 9:00 Manufacturing, and Industrial Innovation Karen J. York, a.m. to 5:00 p.m. (61). Place: National Science Foundation, 4201 Committee Management Officer. Date/Time: April 3–7, 10, 11, 13, & 14, Wilson Boulevard, Room 970, Arlington, VA [FR Doc. 00–3543 Filed 2–14–00; 8:45 am] 2000; 8:30 a.m.–5:00 p.m. 22230 Place: Rooms 120, 130, 310, 365, 370, 530 BILLING CODE 7555±01±M Contact Person: Dr. Hal Arkes, Program and 580, National Science Foundation, 4201 Director for Decision, Risk & Management Wilson Blvd., Arlington, VA 22230. Sciences (DRMS), National Science Type of Meeting: Closed. NATIONAL SCIENCE FOUNDATION Foundation, 4201 Wilson Boulevard, Suite Contact Person: Joseph Hennessey, 995, Arlington, VA 22230. Telephone: (703) Special Emphasis Panel in Civil and Program Manager, Small Busness Innovation Research and Small Business Technology 306–1757. Mechanical Systems; Notice of Agenda: To review and evaluate DRMS Meeting Transfer Programs, Room 590, Division of Design, Manufacturing, and Industrial proposals as part of the selection process for Innovation, National Science Foundation, awards. In accordance with the Federal 4201 Wilson Boulevard, VA 22230. 3. Date & Time: March 31–April 1 and Advisory Committee Act (Pub. L. 92– Telephone (703) 306–1395 x 5283. April 3–4, 2000; 9:00 a.m. to 5:00 p.m. 463, as amended), the National Science Purpose of Meeting: To provide advice and Room: National Science Foundation, 4201 Foundation announces the following recommendations concerning proposals Wilson Boulevard, Rooms 950 and 970, meeting: submitted to NSF for financial support. Arlington, VA 22230.
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Contact Person: Dr. Mariann (Sam) Jelinek, Agenda: To review and evaluate DRMS engineering, professional, and technical Program Director for Innovation and proposals as part of the selection process for fields and to advise NSF concerning Organizational Change (IOC), National awards. implementation of the provisions of the Science Foundation, 4201 Wilson Boulevard, 3. Date/Time: March 27, 28 and 29, 2000; Science and Engineering Equal Opportunities Suite 995, Arlington, VA 22230. Telephone: 8:30 a.m.–5:00 p.m. Act. (703) 306–1757. Place: National Science Foundation, 4201 Agenda: Agenda: To review and evaluate IOC Wilson Boulevard, Room 970, Arlington, VA. 1. Briefing on Congressional Activities proposals as part of the selection process for Contact Person: Dr. Mariann (Sam) Jelinek, related to science and engineering, including awards. Program Director for Innovation and briefing on FY 2001 Congressional Budget; Type of Meetings: Closed. Organizational Change (IOC), National 2. Briefing on Graduate Fellowship Purpose of Meetings: To provide advice Science Foundation, 4201 Wilson Boulevard, Program; Suite 995, Arlington, VA 22230. Telephone: and recommendations concerning support for 3. Planning for CEOSE Biannual report; (703) 306–1757. research proposals submitted to the NSF for 4. Update on activities of the Commission Agenda: To review and evaluate IOC financial support. on the Advancement of Women and proposals as part of the selection process for Reason for Closing: The proposals being Minorities in Science, Engineering, and awards. reviewed include information of a Technology Development (CAWMSET). Type of Meetings: Closed. proprietary or confidential nature, including Dated: February 10, 2000. Purpose of Meetings&prime: To provide technical information; financial data, such as advice and recommendations concerning Karen J. York, salaries; and personal information support for research proposals submitted to Committee Management Officer. concerning individuals associated with the NSF for financial support. proposals. These matters are exempt under 5 [FR Doc. 00–3545 Filed 2–14–00; 8:45 am] Reason For Closing: The proposals being BILLING CODE 7555±01±M U.S.C. 552b(c) (4) and (6) of the Government reviewed include information of a in the Sunshine Act. proprietary or confidential nature, including Dated: February 10, 2000. technical information; financial data, such as NATIONAL SCIENCE FOUNDATION Karen J. York, salaries; and personal information concerning individuals associated with the Committee Management Officer. Special Emphasis Panel in proposals. These matters are exempt under 5 Mathematical Sciences; Notice of [FR Doc. 00–3540 Filed 2–14–00; 8:45 am] U.S.C. 552b(c)(4) and (6) of the Government Meeting BILLING CODE 7555±01±M in the Sunshine Act. Dated: February 10, 2000. In accordance with the Federal NATIONAL SCIENCE FOUNDATION Karen J. York, Advisory Committee Act (Pub. L. 92– Committee Management Officer. 463, as amended), the National Science Advisory Panel for Economics, [FR Doc. 00–3541 Filed 2–14–00; 8:45 am] Foundation announces the following: Name and Committee Code: Special Decision, and Management Sciences; BILLING CODE 7555±01±M Notice of Meeting Emphasis in Mathematical Sciences (1204). Date and Time: February 22–23, 2000; 8:30 A.M. until 5 P.M. In accordance with the Federal NATIONAL SCIENCE FOUNDATION Place: Room 380, National Science Advisory Committee Act (Pub. L. 92– Foundation, 4201 Wilson Boulevard, Committee on Equal Opportunities in 463, as amended), the National Science Arlington, VA 22230. Foundation (NSF) announces the Science and Engineering; Notice of Type of Meeting: Closed. following meetings of the Committee of Meeting Contact Person: Lloyd Douglas, Program Visitors for the Advisory Panel for In accordance with the Federal Director, National Science Foundation, 4201 Economics, Decision and Management Wilson Boulevard, Arlington, VA 22230. Advisory Committee Act, Pub. L. 92– Sciences (1760): Telephone: (703) 306–1874. 463, as amended, the National Science 1. Date/Time: March 27, 28 and 29, 2000; Purpose of Meeting: To provide advice and 8:30 a.m.–5:00 p.m. Foundation announces the following recommendations concerning proposals Place: National Science Foundation, 4201 meeting: submitted to NSF for financial support. Wilson Boulevard, Room 970, Arlington, VA. Name: Committee on Equal Opportunities Agenda: To review and evaluate proposals Contact Person: Dr. Daniel Newlon, in Science and Engineering (#1173). concerning the Infrastructure Program, as Program Director for Economics, National Date/Time: February 17, 2000, 8 am–5 pm; part of the selection process for awards. Science Foundation, 4201 Wilson Boulevard, February 18, 2000, 8:30 am–3 pm. Reason for Closing: The proposals being Arlington, VA 22230. Telephone: (703) 306– Place: Room 1295, National Science reviewed include information of a 1753. Foundation, 4201 Wilson Blvd., Arlington, proprietary or confidential nature, including Agenda: To review and evaluate VA. technical information; financial data, such as Economics proposals as part of the selection Type of Meeting: Open. salaries and personal information concerning process for awards. Contact Person: Bernice Anderson, individuals associated with the proposals. 2. Date/Time: March 27, 28 and 29, 2000; Executive Secretary, Room 855, NSF, 4201 These matters are exempt under 5 U.S.C. 8:30 a.m.–5:00 p.m. Wilson Blvd., Arlington, VA 22230. (703) 552b(c)(4) and (6) of the Government in the Place: National Science Foundation, 4201 306–1655 ext. 5819. Sunshine Act. Wilson Boulevard, Room 970, Arlington, VA. Minutes: May be obtained from the contact Dated: February 10, 2000. Contact Person: Dr. Hal Arkes, Program person at the above address. Karen J. York, Director for Decision, Risk and Management Purpose of Meeting: To advise NSF on Sciences (CRMS), National Science policies and activities of the Foundation to Committee Management Officer, Division of Foundation, 4201 Wilson Boulevard, encourage full participation of women, Human Resources Management. Arlington, VA 22230. Telephone: (703) 306– minorities, and persons with disabilities [FR Doc. 00–3548 Filed 2–14–00; 8:45 am] 1757. currently underrepresented in scientific, BILLING CODE 7555±01±M
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NATIONAL SCIENCE FOUNDATION NATIONAL SCIENCE FOUNDATION Room 1015, Arlington, VA 22230. Telephone: (703) 306–1889. Advisory Panel for Methods, Cross- Advisory Panel for Neuroscience; Purpose of Meeting: To provide advice and Directorate, and Science and Society; Notice of Meeting recommendations concerning proposals Notice of Meeting submitted to NSF for financial support in the In accordance with the Federal Theoretical Physics Program. Advisory Committee Act (Pub. L. 92– Agenda: To review and evaluate proposals In accordance with the Federal 463, as amended), the National Science as part of the selection process for awards. Advisory Committee Act (Pub. L. 92– Foundation announces the following Reason for Closing: The proposals being 463, as amended), the National Science meeting: reviewed include information of a Foundation (NSF) announces the proprietary or confidential nature, including following meetings of the COV Advisory Name: Advisory Panel for Neuroscience technical information, financial data, such as Panel for Methods, Cross-Directorate, (1158). salaries; and personal information and Science and Society (1760): Date/Time: April 3–4, 2000; 8:00 a.m. to concerning individuals associated with the 5:00 p.m. proposals. These matters are exempt under 5 Date & Time: March 1–3, 2000; 8:30 a.m.— Place: Room 680, 4201 Wilson Boulevard, U.S.C. 552b(c),(4) and (6) of the Government 5:00 p.m. Arlington, VA. in the Sunshine Act. Place: National Science Foundation, 4201 Type of Meeting: Part-Open. Wilson Blvd., Rooms 920 and 530, Arlington, Contact Person: Dr. Avi Chaudhuri, Dated: February 10, 2000. VA 22230. Program Director, Sensory Systems, Division Karen J. York, of Integrative Biology and Neuroscience, Contact Person: Rachelle Hollander, Committee Management Officer. Suite 685, National Science Foundation, Program Director for SDEST, National [FR Doc. 00–3546 Filed 2–14–00; 8:45 am] Science Foundation, 4201 Wilson Boulevard, 4201 Wilson Blvd., Arlington, VA 22230 Telephone: (703) 306–1424. BILLING CODE 7555±01±M Arlington, VA 22230. Telephone: (703) 306– Purpose of Meeting: To provide advice and 1743. recommendations concerning proposals Agenda: To review and evaluate SDEST submitted to HSF for financial support. NATIONAL SCIENCE FOUNDATION proposals as part of the selection process for Minutes: May be obtained from the contact awards. person listed above. Special Emphasis Panel in Physics; Date/Time: March 1–3, 2000; 8:30 a.m.– Agenda: Open Session: April 3, 2000; 4:00 Notice of Meeting 5:00 p.m. p.m. to 5:00 p.m., to discuss goals and assessment procedures. Closed Session: April Place: National Science Foundation, 4201 In accordance with the Federal Wilson Blvd., Rooms 920 and 530, Arlington, 4; 8:00 a.m. to 5:00 p.m., and April 3, 8:00 a.m. to 4:00 p.m. and 5:00 p.m. to 6:00 p.m. Advisory Committee Act (Pub. L. 92– VA 22230. 463, as amended), the National Science Contact Person: Dr. Michael M. Sokal, To review and evaluate Sensory Systems proposals as part of the selection process for Foundation announces the following Program Director for Science & Technology awards. meeting: Studies, National Science Foundation, 4201 Reason for Closing: The proposals being Name: Wilson Boulevard, Arlington, VA 22230. reviewed include information of a Special Emphasis Panel in Physics (1208). Telephone: (703) 306–1742. proprietary oR confidential nature, including Date/Time: Agenda: To review and evaluate STS as technical information; financial data, such as February 20–22, 2000; 9 a.m.–5:30 p.m. part of the selection process for awards. salaries; and personal information Place: Date/Time: March 1–3, 2000. concerning individuals associated with the National Science Foundation, 4201 Wilson Place: National Science Foundation, 4201 proposals. These matters are exempt under 5 Blvd., Room 1020, Arlington, VA 22230. Wilson Blvd., Rooms 920 and 530, Arlington, U.S.C. 552b(c) (4) and (6) of the Government Type of Meeting: VA 22230. in the Sunshine Act. Closed. Contact Person: Dr. Cheryl L. Eavey, Dated: February 10, 2000. Contact Person: Program Director for Methods, Measurement Karen J. York, Boris Kayser, Program Director for & Statistics, National Science Foundation, Theoretical Physics, National Science Committee Management Officer. 4201 Wilson Boulevard, Arlington, VA Foundation, 4201 Wilson Boulevard, Room 22230. Telephone: (703) 306–1729. [FR Doc. 00–3539 Filed 2–14–00; 8:45 am] 1015, Arlington, VA 22230. Telephone: (703) Agenda: To review and evaluate MMS BILLING CODE 7555±01±M 306–1889. proposals as part of the selection process for Purpose of Meeting: awards. To provide advice and recommendations NATIONAL SCIENCE FOUNDATION concerning proposals submitted to NSF for Type of Meetings: Closed. financial support in the Theoretical Physics Purpose of Meetings: To provide advice Special Emphasis Panel in Physics; Program. and recommendations concerning support for Notice of Meeting Agenda: research proposals submitted to the NSF for To review and evaluate proposals as part financial support. In accordance with the Federal of the selection process for awards. Reason for Closing: The proposals being Advisory Committee Act (Pub. L. 92– Reason for Closing: reviewed include information of a 463, as amended), the National Science The proposals being reviewed include proprietary or confidential nature, including Foundation announces the following information of a proprietary or confidential technical information; financial data, such as meeting: nature, including technical information, salaries; and personal information financial data, such as salaries; and personal Name: Special Emphasis Panel in Physics concerning individuals associated with the information concerning individuals (1208). proposals. These matters are exempt under 5 associated with the proposals. These matters U.S.C. 552b(c) (4) and (6) of the Government Date/Time: March 2–4, 2000; 9 a.m.–5:30 p.m. are exempt under 5 U.S.C. 552b(c), (4) and in the Sunshine Act. Place: National Science Foundation, 4201 (6) of the Government in the Sunshine Act. Dated: February 10, 2000. Wilson Blvd., Room 1015, Arlington, VA Dated: February 10, 2000. Karen J. York, 22230. Karen J. York, Type of Meeting: Closed. Committee Management Officer. Committee Management Officer. Contact Person: Boris Kayser, Program [FR Doc. 00–3537 Filed 2–14–00; 8:45 am] Director for Theoretical Physics, National [FR Doc. 00–3547 Filed 2–14–00; 8:45 am] BILLING CODE 7555±01±M Science Foundation, 4201 Wilson Blvd, BILLING CODE 7555±01±M
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NUCLEAR REGULATORY Atomic Safety and Licensing Board from any member of the public who is COMMISSION Panel. not a party to the proceeding, for the [Docket No. 40±8838±MLA ASLBP No. 00± Issued at Rockville, Maryland, this 9th day purpose of stating his or her views on 776±04±MLA] of February 2000. the issues involved in this proceeding. G. Paul Bollwerk, III, Although these statements are not Designation of Presiding Officer Chief Administrative Judge, Atomic Safety evidence and do not become part of the and Licensing Board Panel. decisional record, they may assist the Pursuant to delegation by the [FR Doc. 00–3514 Filed 2–14–00; 8:45 am] Atomic Safety and Licensing Board and Commission, see 37 Fed. Reg. 28,710 BILLING CODE 7590±01±P the parties in their consideration of (Dec. 29, 1972), and the Commission’s matters at issue in this proceeding. regulations, see 10 CFR 2.1201, 2.1207, notice is hereby given that (1) a single Limited appearance statements should NUCLEAR REGULATORY be made in writing. If the Atomic Safety member of the Atomic Safety and COMMISSION Licensing Board Panel is designated as and Licensing Board conducts an oral Presiding Officer to rule on petitions for Atomic Safety and Licensing Board argument or in-person prehearing leave to intervene and/or requests for conference or evidentiary hearing, the [Docket No. 50±423-LA±3; ASLBP No. 00± Board may at its discretion hear oral hearing; and (2) upon making the 771±01±LA] requisite findings in accordance with 10 statements, at a time and location yet to CFR 2.1205(h), the Presiding Officer Northeast Nuclear Energy Company be determined. Written statements, and will conduct an adjudicatory hearing in (Millstone Nuclear Power Station, Unit requests to make oral statements, should the following proceeding: U.S. Army— No. 3; Facility Operating License NPF± be submitted to the Office of the Jefferson Proving Ground Site. 49); Notice of Hearing Secretary, Rulemaking and This proceeding, which will be Adjudications Staff, U.S. Nuclear conducted pursuant to 10 CFR Part 2, February 9, 2000. Regulatory Commission, Washington, Subpart L, of the Commission’s This proceeding involves the D.C. 20555. A copy of such statement or Regulations, ‘‘Informal Hearing proposed increase in capacity (through request should also be served on the Procedures for Adjudications in the addition of high-density storage Chairman of the Atomic Safety and Materials and Operator Licensing racks) of the spent fuel storage pool of Licensing Board, T3 F23, U.S. Nuclear the Millstone Nuclear Power Station, Proceedings,’’ concerns a request for Regulatory Commission, Washington, Unit No. 3, a pressurized water reactor hearing submitted by Save The Valley, D.C. 20555, or [email protected]. Inc. The request was filed in response located in New London County, to a notice of consideration by the Connecticut. In response to a Notice of Documents related to this proceeding, Nuclear Regulatory Commission staff of Opportunity for Hearing, published at issued prior to December 1, 1999, are a request by the U.S. Army to amend its 64 FR 48672 (September 7, 1999), available in print form for public materials license to authorize Connecticut Citizens Against Millstone inspection at the Commission’s Public decommissioning of its Jefferson (CCAM) and Long Island Citizens Document Room (PDR), 2120 L St. NW, Proving Ground Site in Madison, Against Millstone (CAM) submitted a Washington, D.C. Documents issued Indiana. The notice of consideration of timely request for a hearing. On October subsequent to November 1, 1999 are the application and opportunity for 19, 1999, an Atomic Safety and available electronically through the hearing was published in the Federal Licensing Board, consisting of Dr. Agencywide Documents Access and Register at 64 FR 70294 (Dec. 16, 1999). Richard F. Cole, Dr. Charles N. Kelber, Management System (ADAMS), with The Presiding Officer in this and Charles Bechhoefer, who serves as access to the public through NRC’s proceeding is Administrative Judge Chairman, was established to preside Internet Web site (Public Electronic over this proceeding. 64 FR 57485 Alan S. Rosenthal. Pursuant to the Reading Room Link, (http:@// provisions of 10 CFR 2.722, 2.1209, (October 25, 1999). Notice is hereby given that, following www.nrc.gov/NRC/ADAMS/index.html). Administrative Judge Thomas D. The PDR and the majority of public Murphy has been appointed to assist the the holding of a prehearing conference in New London, Connecticut, the libraries have terminals for public Presiding Officer in taking evidence and access to the Internet. in preparing a suitable record for Atomic Safety and Licensing Board has, review. by Prehearing Conference Order dated Rockville, Maryland, February 9, 2000. All correspondence, documents, and February 9, 2000, LBP–00–02, granted For the Atomic Safety and Licensing other materials shall be filed with Judge the request for a hearing/petition to Board. Rosenthal and Judge Murphy in intervene submitted by CCAM and Charles Bechhoefer, CAM. Parties to this proceeding are the accordance with 10 CFR 2.1203. Their Chairman, Administrative Judge. Licensee, Northeast Nuclear Energy addresses are: [FR Doc. 00–3515 Filed 2–14–00; 8:45 am] Company (NNEC); CCAM; CAM; and Administrative Judge Alan S. Rosenthal, the Staff of the Nuclear Regulatory BILLING CODE 7590±01±P Presiding Officer, Atomic Safety and Commission. Licensing Board Panel, U.S. Nuclear This proceeding will be conducted Regulatory Commission, Washington, either under the Commission’s hearing D.C. 20555–0001 procedures in 10 CFR part 2, subpart G Administrative Judge Thomas D. or, if requested by any party by February Murphy, Special Assistant, Atomic 22, 2000, under the Commission’s Safety and Licensing Board Panel, U.S. hybrid hearing procedures set forth in Nuclear Regulatory Commission, 10 CFR part 2, subpart K. Washington, D.C. 20555–0001 During the course of this proceeding, This designation of presiding officer the Atomic Safety and Licensing Board, is issued pursuant to the authority of the pursuant to 10 CFR 2.715(a), will Chief Administrative Judge of the entertain limited appearance statements
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NUCLEAR REGULATORY 1954, as amended (the Act), and the Regulatory Commission, Washington, COMMISSION Commission’s regulations. DC 20555–0001, Attention: Rulemakings As provided in 10 CFR 2.1315, unless and Adjudications Staff, in accordance [Docket No. 50±263] otherwise determined by the with 10 CFR 2.1313. Northern States Power Company; Commission with regard to a specific The Commission will issue a notice or Monticello Nuclear Generating Plant; application, the Commission has order granting or denying a hearing Notice of Consideration of Approval of determined that any amendment to the request or intervention petition, Transfer of Operating Authority Under license of a utilization facility which designating the issues for any hearing Facility Operating License and does no more than conform the license that will be held and designating the Conforming Amendment, and to reflect the transfer action involves no Presiding Officer. A notice granting a Opportunity for a Hearing significant hazards consideration. No hearing will be published in the Federal contrary determination has been made Register and served on the parties to the The U.S. Nuclear Regulatory with respect to this specific license hearing. Commission (the Commission) is amendment application. In light of the As an alternative to requests for considering the issuance of an order generic determination reflected in 10 hearing and petitions to intervene, by under 10 CFR 50.80 approving the CFR 2.1315, no public comments with March 18, 2000, persons may submit transfer of operating authority under respect to significant hazards written comments regarding the license Facility Operating License No. DPR–22 considerations are being solicited, transfer application, as provided for in for the Monticello Nuclear Generating notwithstanding the general comment 10 CFR 2.1305. The Commission will Plant, currently held by Northern States procedures contained in 10 CFR 50.91. consider and, if appropriate, respond to Power Company (NSP), as owner and The filing of requests for hearing and these comments, but such comments licensed operator of Monticello. The petitions for leave to intervene, and will not otherwise constitute part of the transfer would be to a new operating written comments with regard to the decisional record. Comments should be company called Nuclear Management license transfer application, are submitted to the Secretary, U.S. Nuclear Company, LLC (NMC). The Commission discussed below. Regulatory Commission, Washington, By March 6, 2000, any person whose is also considering amending the license DC 20555–0001; Attention: Rulemakings interest may be affected by the for administrative purposes to reflect and Adjudications Staff, and should cite Commission’s action on the application the proposed transfer. the publication date and page number of By application dated November 24, may request a hearing, and, if not the this Federal Register notice. 1999, seeking approval of the transfer, applicants, may petition for leave to For further details with respect to this the Commission was informed that NSP intervene in a hearing proceeding on the action, see the application dated has entered into Nuclear Power Plant Commission’s action. Requests for a November 24, 1999, available for public Operating Services Agreements with hearing and petitions for leave to inspection at the Commission’s Public NMC. Under these Agreements, NMC is intervene should be filed in accordance Document Room, the Gelman Building, to assume exclusive responsibility for with the Commission’s rules of practice 2120 L Street, NW., Washington, DC, the operation and maintenance of set forth in subpart M, ‘‘Public and accessible electronically through Monticello. NSP’s ownership of Notification, Availability of Documents the ADAMS Public Electronic Reading Monticello will not be affected by the and Records, Hearing Requests and proposed transfer of operating authority, Procedures for Hearings on License Room link at the NRC Web site according to the application. Likewise, Transfer Applications,’’ of 10 CFR part (http://www.nrc.gov). NSP’s entitlement to capacity and 2. In particular, such requests and Dated: at Rockville, Maryland this 7th day energy from Monticello will not be petitions must comply with the of February 2000. affected by the transfer of operating requirements set forth in 10 CFR 2.1306, For the Nuclear Regulatory Commission. authority. No physical changes to the and should address the considerations Claudia M. Craig, facility or operational changes are being contained in 10 CFR 2.1308(a). Chief, Section 1, Project Directorate III, proposed in the application. Untimely requests and petitions may be Division of Licensing Project Management, The proposed amendment would denied, as provided in 10 CFR Office of Nuclear Reactor Regulation. reflect the transfer of authority under 2.1308(b), unless good cause for failure [FR Doc. 00–3517 Filed 2–14–00; 8:45 am] the license to operate Monticello from to file on time is established. In BILLING CODE 7590±01±M NSP to NMC. addition, an untimely request or Pursuant to 10 CFR 50.80, no license, petition should address the factors that or any right thereunder, shall be the Commission will also consider, in NUCLEAR REGULATORY transferred, directly or indirectly, reviewing untimely requests or COMMISSION through transfer of control of the petitions, set forth in 10 CFR 2.1308(b) license, unless the Commission shall (1)–(2). [Docket Nos. 50±282 and 50±306; Docket No. 72±10] give its consent in writing. The Requests for a hearing and petitions Commission will approve an for leave to intervene should be served Northern States Power Company; application for the transfer of a license, upon John H. O’Neill, Jr., counsel for Prairie Island Nuclear Generating if the Commission determines that the NSP, at Shaw, Pittman, Potts, and Plant, Units 1 and 2, and Prairie Island proposed transferee is qualified to hold Trowbridge, 2300 N Street, NW, Independent Spent Fuel Storage the license, and that the transfer is Washington, DC 20037 (tel: 202–663– Installation; Notice of Consideration of otherwise consistent with applicable 8148; fax: 202–663–8007; e-mail: Approval of Transfer of Operating provisions of law, regulations, and john.o’[email protected]); and the Authority Under Facility Operating orders issued by the Commission General Counsel, U.S. Nuclear Licenses and Materials License and pursuant thereto. Regulatory Commission, Washington, Conforming Amendments, and Before issuance of the proposed DC 20555 (e-mail address for filings Opportunity for a Hearing conforming license amendment, the regarding license transfer cases only: Commission will have made findings [email protected]); and the Secretary of The U.S. Nuclear Regulatory required by the Atomic Energy Act of the Commission, U.S. Nuclear Commission (the Commission) is
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Commission (NRC or the Commission) HI–STORM 100 overpacks to store spent since no radioactive materials are approval to fabricate three HI–STORM fuel. That will occur only when, and if, involved, and the amount of natural 100 overpacks, and one HI–TRAC–125 a CoC is issued. NRC approval of the resources used is minimal. transfer cask prior to issuance of the exemption request should not be Alternative to the Proposed Action Certificate of Compliance (CoC) for the construed as NRC’s favorable HI–STORM 100 system. The HI–STORM consideration of Holtec’s application for Since there is no significant 100 overpack and the HI—TRAC–125 a CoC. Holtec will bear the risk of all environmental impact associated with transfer cask are basic components of activities conducted under the the proposed actions, any alternatives the HI–STORM 100 system, a cask exemption, including the risk that the with equal or greater environmental system designed for the dry storage of three HI–STORM 100 overpacks and impact are not evaluated. The spent nuclear fuel. The HI–STORM 100 one HI–TRAC–125 transfer cask that alternative to the proposed actions system is intended for use under the Holtec plans to construct may not be would be to deny approval of the general license provisions of 10 CFR usable because they may not meet the exemption and, therefore, not allow part 72, subpart K, by Southern Nuclear specifications or conditions delineated fabrication until a CoC is issued. This Operating Company at the Edwin I. in a CoC that the NRC may ultimately alternative would have the same Hatch Power Plant (Hatch), located in approve. environmental impact. Baxley, Georgia. Given that there are no significant Environmental Impacts of the Proposed differences in environmental impact Environmental Assessment (EA) Action between the proposed action and the Identification of Proposed Action Regarding the fabrication exemption, alternative considered, and that the the Environmental Assessment for the applicant has a legitimate need to By letter dated October 26, 1995, as final rule, ‘‘Storage of Spent Nuclear fabricate the components prior to supplemented, and pursuant to 10 CFR Fuel in NRC-Approved Storage Casks at certification and is willing to assume part 72, Holtec submitted an application Nuclear Power Reactor Sites’’ (55 FR the risk that any fabricated components to the NRC for a CoC for the HI–STORM 29181 (1990)), considered the potential may not be approved or may require 100 system. This application is environmental impacts of overpacks modification, the Commission currently under consideration by the which are used to store spent nuclear concludes that the preferred alternative NRC staff. The applicant is seeking fuel under a CoC and concluded that is to grant an exemption from the Commission approval to fabricate three there would be no significant prohibition on fabrication prior to HI–STORM 100 overpacks and one HI– environmental impacts. The proposed receipt of a CoC. TRAC 100 transfer cask prior to the action now under consideration would Commission’s issuance of a CoC for the not permit use of the overpacks, but Agencies and Persons Consulted HI–STORM 100 system. The applicant would only permit fabrication. There Mr. J. Setzer, Chief of Program requests an exemption from the are no radiological environmental Coordination, Department of Natural requirements of 10 CFR 72.234(c), impacts from fabrication since overpack Resources, State of Georgia, was which state that ‘‘Fabrication of casks fabrication does not involve radioactive contacted about the Environmental under the Certificate of Compliance materials. The major non-radiological Assessment for the proposed action and must not start prior to receipt of the environmental impacts involve use of had no comments. Certificate of Compliance for the cask natural resources due to overpack Finding of No Significant Impact model.’’ The proposed action before the fabrication. Each HI–STORM 100 Commission is whether to allow overpack weighs approximately 100 The environmental impacts of the fabrication, including material tons and is constructed of primarily proposed action have been reviewed in procurement, prior to issuance of the metal and concrete. The HI–TRAC–125 accordance with the requirements set CoC and to grant this exemption transfer cask weighs approximately 125 forth in 10 CFR Part 51. Based upon the pursuant to 10 CFR 72.7. tons and is made primarily of steel and foregoing Environmental Assessment, lead. The amount of materials required the Commission finds that the proposed Need for the Proposed Action to fabricate these components is action of granting an exemption from 10 Holtec requested the exemption from expected to have very little impact on CFR 72.234(c) so that Holtec may 10 CFR 72.234(c) to ensure the the associated industry. Fabrication of fabricate three HI–STORM 100 availability of overpacks so that Hatch the metal components would be at a overpacks and one HI–TRAC–125 can continue loading dry storage casks metal fabrication facility. Fabrication of transfer cask prior to issuance of a CoC as planned. Hatch plans to begin the concrete overpacks would be will not significantly impact the quality loading the three HI–STORM 100 partially done at a metal fabrication of the human environment. systems in April 2001. Holtec has facility and completed by pouring the Accordingly, the Commission has requested this exemption to allow Hatch concrete at the Hatch site. The metal determined not to prepare an sufficient time for training and pre- and concrete used in the fabrication of environmental impact statement for the operational testing. To support Hatch’s these components is insignificant proposed exemption. cask loading schedule, Holtec stated compared to the amount of metal and The request for the exemption from 10 that it must begin fabrication activities concrete used in construction annually CFR 72.234(c) was filed on January 12, in early April 2000; 3 months prior to in the United States. If the components 2000. For further details with respect to the scheduled issuance of the HI– are not usable, the components could be this action, see the application for CoC STORM 100 CoC, in July 2000. disposed of or recycled. The amount of for the HI–STORM 100 system, dated The HI–STORM 100 application, metal and concrete disposed of is October 26, 1995. On July 30, 1999, a dated October 26, 1995, is under insignificant compared to the amount of preliminary Safety Evaluation Report consideration by the Commission. It is metal and concrete that is disposed of and proposed CoC for the HI–STORM anticipated that, if approved, the HI– annually in the United States. Based 100 system were issued by the NRC staff STORM–100 CoC may be issued by July upon this information, the fabrication of to initiate rulemaking to add the HI– 2000. The proposed fabrication these components will have no STORM 100 system to the list of exemption will not authorize use of the significant impact on the environment approved cask designs in 10 CFR
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72.214. The exemption request and CoC determining a single-employer plan’s OFFICE OF PERSONNEL application are docketed under Docket variable-rate premium. The rate is the MANAGEMENT No. 72–1014. These documents are ‘‘applicable percentage’’ (currently 85 available for public review at the percent) of the annual yield on 30-year Excepted Service Commission’s Public Document Room, Treasury securities for the month AGENCY: 2120 L Street, NW, Washington, DC Office of Personnel preceding the beginning of the plan year Management. 20555. for which premiums are being paid (the ACTION: Notice. Dated at Rockville, Maryland, this 8th day ‘‘premium payment year’’). The yield of February 2000. figure is reported in Federal Reserve SUMMARY: This gives notice of positions For the Nuclear Regulatory Commission. Statistical Releases G.13 and H.15. placed or revoked under Schedules A E. William Brach, Director, The assumed interest rate to be used and B, and placed under Schedule C in Spent Fuel Project Office, Office of Nuclear in determining variable-rate premiums the excepted service, as required by Material Safety and Safeguards. for premium payment years beginning Civil Service Rule VI, Exceptions from [FR Doc. 00–3516 Filed 2–14–00; 8:45 am] in February 2000 is 5.64 percent (i.e., 85 the Competitive Service. BILLING CODE 7590±01±P percent of the 6.63 percent yield figure FOR FURTHER INFORMATION CONTACT: for January 2000). Director, Staffing Reinvention Office, Employment Service (202) 606–0830. PENSION BENEFIT GUARANTY The following table lists the assumed CORPORATION interest rates to be used in determining SUPPLEMENTARY INFORMATION: The Office variable-rate premiums for premium of Personnel Management published its Interest Assumption for Determining payment years beginning between last monthly notice updating appointing Variable-Rate Premium; Interest March 1999 and February 2000. authorities established or revoked under Assumptions for Multiemployer Plan the Excepted Service provisions of 5 CFR 213 on December 27, 1999 (64 FR Valuations Following Mass Withdrawal For premium payment years The assumed beginning in: interest rate 72369). Individual authorities AGENCY: Pension Benefit Guaranty is: established or revoked under Schedules Corporation. A and B and established under March 1999 ...... 4.56 ACTION: Notice of interest rates and Schedule C between November 1, 1999, April 1999 ...... 4.74 assumptions. May 1999 ...... 4.72 and December 31, 1999, appear in the listing below. Future notices will be SUMMARY: This notice informs the public June 1999 ...... 4.94 July 1999 ...... 5.13 published on the fourth Tuesday of each of the interest rates and assumptions to month, or as soon as possible thereafter. be used under certain Pension Benefit August 1999 ...... 5.08 September 1999 ...... 5.16 A consolidated listing of all authorities Guaranty Corporation regulations. These has been published June 30 of last year. rates and assumptions are published October 1999 ...... 5.16 elsewhere (or are derivable from rates November 1999 ...... 5.32 Schedule A December ...... 5.23 published elsewhere), but are collected No Schedule A authorities were and published in this notice for the January 2000 ...... 5.40 February 2000 ...... 5.64 established or revoked during November convenience of the public. Interest rates or December 1999. are also published on the PBGC’s web site (http://www.pbgc.gov). Multiemployer Plan Valuations Schedule B Following Mass Withdrawal DATES: The interest rate for determining No Schedule B authorities were the variable-rate premium under part The PBGC’s regulation on Duties of established or revoked during November 4006 applies to premium payment years Plan Sponsor Following Mass or December 1999. beginning in February 2000. The Withdrawal (29 CFR part 4281) interest assumptions for performing Schedule C prescribes the use of interest multiemployer plan valuations The following Schedule C authorities following mass withdrawal under part assumptions under the PBGC’s regulation on Allocation of Assets in were established during November thru 4281 apply to valuation dates occurring December 1999: in March 2000. Single-employer Plans (29 CFR part 4044). The interest assumptions Broadcasting Board of Governors FOR FURTHER INFORMATION CONTACT: Harold J. Ashner, Assistant General applicable to valuation dates in March Senior Advisor to the Director, Counsel, Office of the General Counsel, 2000 under part 4044 are contained in International Broadcasting Bureau. Pension Benefit Guaranty Corporation, an amendment to part 4044 published Effective November 2, 1999. 1200 K Street, NW., Washington, DC elsewhere in today’s Federal Register. Commission on Civil Rights 20005, 202–326–4024. (For TTY/TDD Tables showing the assumptions users, call the Federal relay service toll- applicable to prior periods are codified Special Assistant to the free at 1–800–877–8339 and ask to be in appendix B to 29 CFR part 4044. Commissioner. Effective November 5, connected to 202–326–4024.) Issued in Washington, DC, on this 4th day 1999. SUPPLEMENTARY INFORMATION: of February, 2000. Department of Agriculture David M. Strauss, Variable-Rate Premiums Confidential Assistant to the Deputy Executive Director, Pension Benefit Guaranty Section 4006(a)(3)(E)(iii)(II) of the Administrator, Office of Community Corporation. Employee Retirement Income Security Development. Effective November 1, Act of 1974 (ERISA) and § 4006.4(b)(1) [FR Doc. 00–3459 Filed 2–14–00; 8:45 am] 1999. of the PBGC’s regulation on Premium BILLING CODE 7708±01±P Confidential Assistant to the Chief, Rates (29 CFR part 4006) prescribe use Natural Resources Conservation Service. of an assumed interest rate in Effective November 3, 1999.
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Confidential Assistant to the Director, Department of Energy Deputy Assistant Secretary for Office of Civil Rights. Effective Special Assistant for Communications Research to the Assistant Secretary for November 5, 1999. to the Assistant Secretary for Policy Development and Research. Confidential Assistant to the Director, Environmental Management. Effective Effective December 23, 1999. Office of Communications. Effective November 15, 1999. November 5, 1999. Department of the Interior Director, Energy Advisory Board to Confidential Assistant to the Deputy Director, Office of Insular the Secretary of Energy. Effective Administrator, Rural Utilities Service. Affairs to the Director, Office of Insular November 18, 1999. Effective November 18, 1999. Affairs. Effective November 5, 1999. Staff Assistant to the Press Secretary Senior Policy Advisor to the Secretary of Energy. Effective December 6, 1999. Deputy Assistant Secretary for to the Director, Office of Workforce Diversity to the Assistant Communications. Effective November Executive Assistant to the Secretary of Energy. Effective December 7, 1999. Secretary for Policy, Management and 24, 1999. Budget. Effective November 9, 1999. Confidential Assistant to the Director, Senior Policy Advisor to the Secretary of Energy. Effective December 15, 1999. Special Assistant to the Chief of Staff. Office of Communications. Effective Effective November 18, 1999. November 24, 1999. Special Assistant to the Director, Consumer Information. Effective Special Assistant to the Deputy Chief Staff Assistant to the Chief (Program of Staff. Effective November 22, 1999. Support Assistant) to the Chief, Natural December 22, 1999. Senior Advisor to the Assistant Resources and Environment. Effective Special Projects Officer to the Deputy Secretary, Policy Management and December 2, 1999. Assistant Secretary, Office of Power Deputy Press Secretary to the Technology. Effective December 23, Budget. Effective December 1, 1999. Director, Office of Communications. 1999. Special Assistant to the Deputy Chief Effective December 15, 1999. Special Assistant to the Deputy of Staff. Effective December 15, 1999. Staff Assistant to the Administrator, Assistant Secretary for Natural Gas and Senior Advisor to the Director, Bureau Agricultural Marketing Service. Petroleum Technology. Effective of Land Management. Effective Effective December 15, 1999. December 23, 1999. December 15, 1999. Staff Assistant to the Administrator, Department of Health and Human Department of Justice Agricultural Research Service. Effective Services December 22, 1999. Counsel to the Assistant Attorney Confidential Assistant to the General, Environmental and Natural Department of Commerce Administrator, Health Care Financing Resources Division. Effective November Special Assistant to the Under Administration. Effective November 8, 5, 1999. Secretary for Oceans and Atmospheric 1999. Staff Assistant to the Director, Office Administration. Effective November 22, of Public Affairs. Effective November 1999. Department of Housing and Urban 15, 1999. Development Special Assistant to the Director, Department of Defense Special Assistant to the Advisor for Community Relations Service. Effective Special Assistant to the Special Management Reform and Operations. December 7, 1999. Assistant to the Secretary of Defense for Effective November 12, 1999. Department of Labor White House Liaison. Effective Director of Operations to the Advisor November 3, 1999. for Management Reform and Operations. Special Assistant to the Assistant Confidential Assistant to the Director, Effective November 18, 1999. Secretary for Policy. Effective November Defense Research and Engineering. Associate General Deputy Assistant 1, 1999. Effective December 13, 1999. Secretary to the Assistant Secretary for Special Assistant to the Assistant Special Assistant to the Assistant Housing. Effective December 15, 1999. Secretary for Public Affairs. Effective Secretary of Defense (Special Operations Deputy Assistant Secretary to the November 5, 1999. and Low Intensity Conflict). Effective Assistant Secretary for Administration.. Attorney-Advisor (Labor) to the December 13, 1999. Effective December 15, 1999. Solicitor of Labor. Effective November Special Assistant for Outreach to the Special Assistant to the Deputy 24, 1999. Deputy Under Secretary of Defense Secretary. Effective December 16, 1999. Special Assistant to the Assistant (Environmental Security). Effective Special Assistant to the Assistant Secretary of Labor. Effective November December 20, 1999. Secretary for Community Planning and 29, 1999. Department of Education Development. Effective December 22, Special Assistant to the Assistant Confidential Assistant to the Director, 1999. Secretary for Public Affairs. Effective Office of Public Affairs, Office of the Special Assistant to the Assistant December 1, 1999. Secretary. Effective November 2, 1999. Secretary for Community Planning and Speech Writer to the Assistant Confidential Assistant to the Director, Development. Effective December 22, Secretary for Public Affairs. Effective America Reads Challenge. Effective 1999. December 2, 1999. November 5, 1999. Special Assistant to the Assistant Chief of Staff to the Assistant Confidential Assistant to the Director, Secretary for Community Planning and Secretary, Office of Congressional and America Reads Challenge. Effective Development. Effective December 22, Intergovernmental Affairs. Effective November 5, 1999. 1999. December 7, 1999. Special Assistant to the Assistant Special Assistant to the Advisor for Special Assistant to the Secretary of Secretary, Office for Civil Rights. Management Reform and Operations. Labor. Effective December 22, 1999. Effective December 22, 1999. Effective December 23, 1999. Special Assistant to the Assistant Special Counsel to the General Department of State Secretary, Office of Interagency Affairs Counsel. Effective December 23, 1999. Senior Advisor to the Under Secretary and Community Service. Effective Special Counsel to the General for Public Diplomacy and Public Affairs. December 22, 1999. Counsel. Effective December 23, 1999. Effective November 3, 1999.
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Staff Assistant to the Under Secretary Office of Personnel Management management representatives attending. for Economic, Business and Agricultural Senior Advisor for Communications During the meeting either the labor Affairs. Effective November 3, 1999. to the Director, Office of members or the management members Staff Assistant to the Deputy to the Communications. Effective December may caucus separately with the Chair to Chief of Staff. Effective November 22, 17, 1999. devise strategy and formulate positions. 1999. Premature disclosure of the matters Program Officer to the Deputy Small Business Administration discussed in these caucuses would Assistant Secretary, Bureau of Public Senior Advisor to the Deputy unacceptably impair the ability of the Affairs. Effective December 6, 1999. Administrator. Effective December 22, Committee to reach a consensus on the Management Analyst to the Deputy 1999. matters being considered and would Assistant Secretary for Logistics Senior Advisor to the Associate disrupt substantially the disposition of Management. Effective December 15, Deputy Administrator for its business. Therefore, these caucuses 1999. Entrepreneurial Development. Effective will be closed to the public because of Protocol Officer (Visits) to the Chief of December 22, 1999. a determination made by the Director of Protocol. Effective December 16, 1999. Regional Administrator, Region V, the Office of Personnel Management Chicago, IL to the Assistant Director, for under the provisions of section 10(d) of Department of Transportation Field Operations. Effective December the Federal Advisory Committee Act Special Assistant to the Assistant to 28, 1999. (Pub. L. 92–463) and 5 U.S.C. the Secretary and Director of Public U.S. International Trade Commission 552b(c)(9)(B). These caucuses may, Affairs. Effective November 5, 1999. depending on the issues involved, Staff Assistant to the Commissioner. Special Assistant to the Assistant constitute a substantial portion of a Effective December 22, 1999. Secretary for Budget and Programs. meeting. Effective November 15, 1999. Authority: 5 U.S.C. 3301 and 3302; E.O. Annually, the Chair compiles a report Senior Advisor to the Administrator, 10577, 3 CFR 1954–1958 Comp., P.218. of pay issues discussed and concluded Federal Railroad Administration. Office of Personnel Management. recommendations. These reports are available to the public, upon written Effective November 18, 1999. Janice R. Lachance, Special Assistant for Scheduling and request to the Committee’s Secretary. Director. The public is invited to submit Advance to the Director of Scheduling [FR Doc. 00–3411 Filed 2–14–00; 8:45 am] material in writing to the Chair on and Advance. Effective December 7, BILLING CODE 6325±01±P Federal Wage System pay matters felt to 1999. be deserving of the Committee’s Department of the Treasury attention. Additional information on OFFICE OF PERSONNEL this meeting may be obtained by Special Assistant to the Executive MANAGEMENT Secretary. Effective November 15, 1999. contacting the Committee’s Secretary, Office of Personnel Management, Deputy Executive Secretary to the Federal Prevailing Rate Advisory Federal Prevailing Rate Advisory Executive Secretary. Effective November Committee Open Committee Meetings Committee, Room 5559, 1900 E Street, 29, 1999. According to the provisions of section NW., Washington, DC 20415 (202) 606– Department of Veterans Affairs 10 of the Federal Advisory Committee 1500. Special Assistant to the Secretary of Act (Pub. L. 92–463), notice is hereby February 4, 2000. Veterans Affairs. Effective December 7, given that meetings of the Federal John F. Leyden, 1999. Prevailing Rate Advisory Committee Chairman, Federal Prevailing Rate Advisory Confidential Assistant to the Secretary will be held on— Committee. of Veterans Affairs. Effective December Thursday, February 24, 2000 [FR Doc. 00–3412 Filed 2–14–00; 8:45 am] 17, 1999. Thursday, March 16, 2000 BILLING CODE 6325±01±P Thursday, March 30, 2000 Environmental Protection Agency The meeting will start at 10:00 a.m. Special Assistant to the Deputy and will be held in Room 5A06A, Office SECURITIES AND EXCHANGE Administrator. Effective December 28, of Personnel Management Building, COMMISSION 1999. 1900 E Street, NW., Washington, DC. Proposed Collection; Comment Federal Communications Commission The Federal Prevailing Rate Advisory Committee is composed of a Chair, five Request Senior Advisor to the Director, Office representatives from labor unions of Legislative and Intergovernmental holding exclusive bargaining rights for Upon Written Request, Copies Available Affairs. Effective December 9, 1999. Federal blue-collar employees, and five From: Securities and Exchange Commission, Office of Filings and Federal Deposit Insurance Corporation representatives from Federal agencies. Information Services, Washington, DC Entitlement to membership on the 20549 Secretary to the Chairman. Effective Committee is provided for in 5 U.S.C. November 9, 1999. 5347. New: Survey on Reciprocal Subpoena Enforcement Office of Management and Budget The Committee’s primary responsibility is to review the Prevailing SEC File No. 270–479 Confidential Assistant to the Rate System and other matters pertinent OMB Control No. 3235-new Associate Director, National Security to establishing prevailing rates under Notice is hereby give that, pursuant to and International Affairs. Effective subchapter IV, chapter 53, 5 U.S.C., as the Paperwork Reduction Act of 1995 November 5, 1999. amended, and from time to time advise (44 U.S.C. 3501 et seq.), the Securities Special Assistant to the Director, the Office of Personnel Management. and Exchange Commission Office of Management and Budget. This scheduled meeting will start in (‘‘Commission’’) is soliciting comments Effective November 15, 1999. open session with both labor and on the collection of information
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Complying with this collection of By the Commission. Under the proposed rules, a person or information requirement is necessary to Margaret H. McFarland, entity may access the E-Session through obtain the benefit of relying on rule 18f– Deputy Secretary. his or its own existing Exchange 3. Responses will not be kept [FR Doc. 00–3656 Filed 2–11–00; 12:09 pm] membership or by leasing the rights to confidential. An agency may not BILLING CODE 8010±01±M a membership. The rights and privileges conduct or sponsor, and a person is not that can be leased for the E-Session will required to respond to, a collection of be limited to access rights to the trading information unless it displays a SECURITIES AND EXCHANGE floor during the E-Session in the currently valid control number. COMMISSION capacity of a floor broker or co-specialist only (‘‘E-Session trading privileges’’). To Please direct general comments [Release No. 3±42403; File No. SR±CHX± lease the E-Session trading privileges of regarding the above information to the 99±0] a membership, a person or entity would following persons: (i) Desk Officer for be required to register with and be the Securities and Exchange Self-Regulatory Organizations; approved by the Exchange as a member Commission, Office of Information and Chicago Stock Exchange , Inc.; Order Granting Approval to Proposed Rule or member organization under the Regulatory Affairs, Office of Exchange’s Constitution and Rules. The Management and Budget, New Change Relating to Access to an After- Hours Trading Session lessee would not be entitled to sublease Executive Office Building, Washington, the privileges and rights and would not DC 20503; and (ii) Michael E. Bartell, February 7, 2000. be able to vote such interest.6 Further, Associate Executive Director, Office of I. Introduction the lessee of the E-Session trading Information Technology, Securities and privilege will be required to provide Exchange Commission, 450 5th Street, On August 2, 1999, the Chicago Stock proof of an agreement with a registered NW, Washington, DC 20549. Comments Exchange, Inc. (‘‘CHX’’ or ‘‘Exchange’’) clearing firm that is approved by the must be submitted to OMB within 30 submitted to the Securities and Exchange and provide evidence that days of this notice. Exchange Commission (‘‘SEC’’ or such clearing firm will guarantee the Dated: February 8, 2000. ‘‘Commission’’), pursuant to Section lessee’s obligations for any and all 19(b)(1) of the Securities Exchange Act Margaret H. McFarland, losses incurred through his or its lease of 1934 (‘‘Act’’) 1 and Rule 19b–4 Deputy Seccretary. of the E-Session trading privileges. The thereunder 2 a proposed rule change lessee will be required to execute a lease [FR Doc. 00–3445 Filed 2–14–00; 8:45 am] relating to access to an after-hours agreement, which would be required to BILLING CODE 8010±01±M trading session (‘‘E-Session’’). On be approved by the Exchange. September 28, 1999, the Exchange filed With respect to lessors, the proposed an amendment to the proposed rule rules would require that the lessor be SECURITIES AND EXCHANGE change, proposing several technical either: (i) An Approved Lessor, as COMMISSION amendments to the filing, including defined in Article I.A. of the Exchange substituting the term ‘‘E-Session’’ for the rules; (ii) a member or member [File No. 1±500] term ‘‘night trading’’ and deleting all organization that leases its membership references to market makers.3 privileges to a lessee for the Primary Wellness Universe, Inc.; Order of The proposed rule change, as Trading Session; or (iii) a member or Suspension of Trading amended, was published for comment member organization that owns a in the Federal Register on October 7, membership and uses the membership February 11, 2000. 1999.4 No comments were received on for his or its own purposes during the It appears to the Securities and the proposal. This order approves the Primary Trading Session. Exchange Commission that there is a proposed rule change, as amended. Finally, the proposed rules would permit the Exchange to terminate the E- lack of current and accurate information II. Description of the Proposal concerning the securities of Wellness Session trading privileges upon 30 days Universe, Inc. (‘‘Wellness’’ because of The Exchange proposes to provide written notice if the Exchange questions about the accuracy and rules that govern access to the CHX determines that it is in the best interest adequacy of publicly disseminated trading floor (and related trading of the Exchange. privileges) during an E-Session that information concerning, among other III. Discussion things: the business prospects of operates after the Primary Trading Wellness and Synpan Corporation Session and Post Primary Trading The Commission has reviewed 5 (‘‘Synpan‘‘), a related entity; the Session. carefully the CHX’s proposed rule employment of Synpan officers; and a change and finds, for the reasons set purportedly planned initial public 1 15 U.S.C. 78s(b)(1). forth below, that the proposal is 2 offering of Synpan securities. 17 CFR 240.19b–4. consistent with the requirements of the 3 See letter from Ellen J. Neely, Vice President and Act and the rules and regulations The Commission is of the opinion that General Counsel, CHX, to Alton S. Harvey, Chief, thereunder applicable to a national the public interest and the protection of Office of Market Watch, Division of Market Regulation, SEC, September 27, 1999 (‘‘Amendment securities exchange,7 and in particular, investors require a suspension of trading No. 1’’). with the requirements of section 6(b).8 in the securities of the above listed 4 See Securities Exchange Act Release No. 41968 In particular, the Commission finds the company. (September 30, 1999), 64 FR 54701. proposal, which sets forth access to the 5 At the time the CHX filed the proposal, the Therefore, it is ordered, pursuant to Commission had not yet approved CHX’s proposal section 12(k) of the Securities Exchange implementing an E-Session (SR–CHX–99–16). The 6 The voting right would be retained by the Act of 1934, that trading in the above Commission granted approval of SR–CHX–99–66 on person who is designated as the Voting Designee on listed company is suspended for the October 13, 1999. See Securities Exchange Act the seat. Release No. 42004 (October 13, 1999) 64 FR 56548 7 In approving this rule, the Commission has period from 9:30 a.m. EST, on February (October 20, 1999). Consequently, upon approval of considered its impact on efficiency, competition, 11, 2000 through 11:59 p.m. EST, on the current proposal, these rules will be and capital information. 15 U.S.C. 78c(f). February 25, 2000. immediately applicable to the E-Session. 8 15 U.S.C. 78f(b).
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CHX’s E-Session, is consistent with the should help to ensure that participants 1993.3 The Commission received no Section 6(b)(5) 9 requirements in that it in all three trading sessions are treated comment letters on the filing and this is designed to promote just and equally. order approves the proposal. equitable principles of trade, to prevent Finally, the Commission believes that II. Description of the Proposal fraudulent and manipulative acts, and, the proposed provision which permits in general, to protect investors and the the Exchange to terminate the E-Session NASD Regulation proposes to amend public. trading privileges if the Exchange certain aspects of the PDP in an effort Under the proposal, the Exchange will determines that it is in the best interests to make the operation of the PDP clearer allow a person or entity to access the E- of the Exchange, is consistent with and fairer to NASD members, associated Session through his or its own existing section 6(b)(5) of the Act 12 in that it is persons, and the public. The PDP is Exchange membership, or by leasing the designed to specifically allow the described in Interpretive Material 8310– rights to a membership, and will limit Exchange, if necessary, to take action to 2 of the NASD Rules (‘‘the the rights and privileges that can be protect investors. Interpretation’’). Under the PDP, NASD leased for the E-Session to access rights Regulation discloses to the public to the trading floor during the E-Session IV. Conclusion certain information regarding as a floor broker or co-specialist only. employment history, other business Additionally, lessees will be required to IT IS THEREFORE ORDERED, 13 experience, and disciplinary history of register with and be approved by the pursuant to section 19(b)(2) of the Act, NASD members and associated persons. Exchange as a member or member that the proposed rule change, as NASD Regulation uses information organization under the Exchange’s amended (SR–CHX–99–08), is reported on the uniform forms 4 to the Constitution and Rules, and will not be approved. Central Registration Depository (‘‘CRD’’) entitled to sublease the privileges and For the Commission, by the Division of as the source for the PDP. One of the rights, nor will they be allowed to vote Market Regulation, pursuant to delegated primary purposes of the PDP is to help their interest. The Commission believes authority.14 investors make informed choices about that the proposed limitations on access Margaret H. McFarland, the individuals and firms with whom to the E-Session, coupled with the Deputy Secretary. they may wish to do business. proposed restrictions on the rights of E- [FR Doc. 00–3436 Filed 2–14–00; 8:45 am] Session lessees, should prevent Persons Subject to the Interpretation BILLING CODE 8010±01±M fraudulent and manipulative acts, by NASD Regulation seeks to clarify allowing the CHX to closely monitor the which firms or persons will be subject E-Session. to disclosure through the PDP. Although Additionally, the CHX proposes to SECURITIES AND EXCHANGE the NASD currently releases require lessees to provide proof of an COMMISSION information about current or former agreement with a registered clearing members and associated persons, the firm that is approved by the Exchange, [Release No. 34±42402; File No. SR±NASD± Interpretation does not explicitly and provide evidence that such clearing 99±45] address the issue of disclosure regarding firm will guarantee the lessee’s former members and associated persons. obligations for any and all losses Self-Regulatory Organizations; Order Under NASD Regulation’s proposal, the incurred through his or its lease of the Granting Approval to Proposed Rule firms or persons subject to disclosure E-Session trading privileges. The Change by the National Association of through the PDP will be: (1) Current and Commission finds that this provision is Securities Dealers, Inc. Relating to former NASD members; (2) persons consistent with section 6(b)(5) of the Amendments to the Public Disclosure currently associated with an NASD Act 10 because these requirements Program member; and (3) persons who have been should help to ensure that investors are February 7, 2000. associated with an NASD member adequately protected with regard to the within the preceding two years. This clearing of trades, and that the Exchange I. Introduction two-year disclosure period coincides has some recourse should the lessee fail with the period in which an individual to perform any other contractual On September 15, 1999, the National can return to the industry without being obligations. Association of Securities Dealers, Inc. required to requalify by examination The Exchange has also proposed that (‘‘NASD’’ or ‘‘Association’’), through its and the initial period in which an the lessee be considered a ‘‘member’’ or wholly owned subsidiary NASD ‘‘member organization’’ for purposes of Regulation, Inc. (‘‘NASD Regulation’’ or federal securities laws, and the ‘‘NASDR’’), filed with the Securities and 3 See Securities Exchange Act Release No. 42240 (December 16, 1999), 64 FR 72125 (File No. SR– Exchange’s Certificate of Incorporation, Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) a proposed rule change NASD–99–45). Constitution and Rules, except in 4 The uniform forms are Form BD (the Uniform certain circumstances set forth in the pursuant to Section 19(b)(1) of the Application for Broker-Dealer Registration); Form rules. The Commission finds that this Securities Exchange Act of 1934 BDW (the Uniform Request for Broker-Dealer 1 2 requirement is consistent with section (‘‘Act’’), and Rule 19b–4 thereunder. Withdrawal); Form U–4 (the Uniform Application In its proposal, NASD Regulation seeks for Securities Industry Registration or Transfer); 6(b)(5) of the Act 11 in that it should Form U–5 (the Uniform Termination Notice for help to ensure that lessees participating to amend certain aspects of the Public Securities Industry Registration); and Form U–6 in the E-Session are subject to the same Disclosure Program (‘‘PDP’’). Notice of (the Uniform Disciplinary Action Reporting Form). standards and requirements as are the Proposal was published in the Except for the Form U–6, the Commission has Federal Register on December 23, approved all of these forms. See Securities participants in the Primary Trading Exchange Act Release No. 41594 (July 2, 1999), 64 Session and the Post Primary Trading FR 37586 (July 12, 1999) (adoption of the amended Session. This proposed requirement also 12 15 U.S.C. 78f(b)(5). Form BD); Securities Exchange Act Release No. 41356 (April 30, 1999), 64 FR 25144 (May 10, 1999) 13 15 U.S.C. 78s(b)(2). (adoption of the amended Form BDW); Securities 9 15 U.S.C. 78f(b)(5). 1 17 CFR 200.30–3(a)(12). Exchange Act Release No. 41560 (June 25, 1999), 64 10 15 U.S.C. 78f(b)(5). 1 15 U.S.C. 78s(b)(1). FR 36059 (July 2, 1999) (order approving the new 11 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4. Forms U–4 and U–5).
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NASAA. Until an agreement is reached Regulation will identify the filer (i.e., a information may serve as a deterrent to with NASAA on expunging factually member firm, regulatory, or self- fraudulent activity. incorrect information from the CRD regulatory organization) of the uniform The Commission also believes that the system, NASD Regulation will form containing the language in proposal will help clarify the standards discontinue releasing this information question and notify the filer of the NASD Regulation uses to release via the PDP. NASD Regulation plans to objectives. NASD Regulation will information on current or former develop guidelines to implement this provide the filer with the opportunity to associated persons and firms. For policy. amend the filing to remove the language example, NASD Regulation has clarified in controversy. If the filer determines its policy about the release of Automation of Public Disclosure not to amend, NASD Regulation will information on a former associated Reports apply a balancing test to weigh the person. Under the proposed rule NASD Regulation also proposes to value of the language in controversy for change, NASD Regulation will release automate the preparation of disclosure regulatory and investor protection information on a former associated reports. Currently, when NASD purposes against the objector’s asserted person for a two-year period after the Regulation receives a public disclosure privacy rights and/or defamation associated person’s effective date of request, NASD Regulation staff reviews claims.13 Based on the outcome of this termination. This clarification helps the CRD record of the subject of the test, NASD Regulation may determine to balance an investor’s interest in request, identifies events that must be redact the language in controversy from obtaining information about a former disclosed under the Interpretation, and reports prepared under the PDP. NASD associated person with the former manually prepares a summary report for Regulation will inform any requester of associated person’s interest in privacy. the requester. Under the proposal, a report that has been redacted of the In addition, the Commission believes NASD Regulation will discontinue the reasons for the redaction. NASD that the automation of public disclosure manual preparation of these reports and Regulation staff anticipates that reports should benefit investors and the instead use a computer program that objections to disclosure will be NASD. For investors, the automation of automatically generates a report after infrequent. If objections are more public disclosure reports should help drawing information directly from the frequent than anticipated, NASD them receive information in a timelier Web CRD database. The report then will Regulation staff will consider alternative manner, which in turn should help be sent by regular or electronic mail to approaches. them make quicker decisions about the the requester. individuals and firms with whom they One consequence of this approach is III. Discussion choose to do business. For the NASD, that the automatically generated reports The Commission finds that the the automation of public disclosure will include verbatim any comment proposal is consistent with the reports should help it reduce its costs in submitted by a registered representative, requirements of Section 15A of the providing these reports to the public. Act 14 and the rules and regulations It is therefore ordered, pursuant to firm, or regulator in response to the last 17 question on the DRPs of the uniform thereunder that govern the NASD.15 In Section 19(b)(2) of the Act, that the forms.12 NASD Regulation will inform particular, the Commission finds that proposed rule change (SR–NASD–99– members and registered persons via a the proposal is consistent with Section 45) is hereby approved. Notice to Members and other 15A(b)(6) of the Act 16 which requires, For the Commission, by the Division of communications that the NASD believes among other things, that the rules of an Market Regulation, pursuant to delegated that members and registered persons association be designed to prevent authority.18 may be subject to civil liability or NASD fraudulent and manipulative acts and Margaret H. McFarland, regulatory sanctions if they submit practices, to promote just and equitable Deputy Secretary. offensive or potentially defamatory principles of trade, and, in general, to [FR Doc. 00–3446 Filed 2–14–00; 8:45 am] language on the uniform forms. In the protect investors and the public interest. BILLING CODE 8010±01±M future, NASD Regulation may develop The Commission believes that the electronic notices that would appear on proposal will help further one of the the electronic screen when forms are primary objectives of the PDP—to help SECURITIES AND EXCHANGE being completed on-line advising Web investors make informed choices about COMMISSION the individuals and firms with whom CRD users of this issue. NASD [Release No. 34±42401; File No. SR±PCX± Regulation plans to undertake a they choose to do business. Under the 99±38] continuing program to educate members PDP, NASD Regulation will now release and registered persons on this issue. information contained on the Form U– Self-Regulatory Organizations; Notice After the proposal goes into effect, 6, which contains disciplinary and other of Filing of Proposed Rule Change by NASD Regulation will address information provided by SROs and state the Pacific Exchange, Inc. Relating to objections to disclosure of customer regulators. This information should help Statistical Reports Provided to Market names, confidential customer investors determine whether to conduct Makers information, or offensive or potentially or continue to conduct business with a defamatory language on a case-by-case particular firm or individual. Further, February 7, 2000. basis in the following manner. After the disclosure of this additional Pursuant to section 19(b)(1) of the receiving an objection, NASD Securities Exchange Act of 1934 13 If it is impossible for a filer to amend, e.g., the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 12 This question typically asks for a summary of firm is defunct or the person is no longer registered, notice is hereby given that on October the circumstances or details relating to the then NASD Regulation also will apply the balancing 5, 1999, the Pacific Exchange, Inc. disclosure event. The response comments are not test and proceed as described above. (‘‘PCX’’ or ‘‘Exchange’’) filed with the currently included in the manual reports prepared 14 15 U.S.C. 78o–3. by the staff and may contain customer names, 15 In addition, pursuant to Section 3(f) of the Act, 17 confidential account information, or offensive or the Commission has considered the proposed rule’s 15 U.S.C. 78s(b)(2). potentially defamatory language (NASD Regulation impact on efficiency, competition, and capital 18 17 CFR 200.30–3(a)(12). believes that this type of language will rarely appear formation. 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). on the uniform forms). 16 15 U.S.C. 78o–3(b)(6). 2 17 CFR 240.19b–4.
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Securities and Exchange Commission A. Self-Regulatory Organization’s necessary or appropriate in furtherance (‘‘Commission’’) the proposed rule Statement of the Purpose of, and of the purposes of the Act. Statutory Basis for, the Proposed Rule change as described in Items I, II and III C. Self-Regulatory Organization’s Change below, which Items have been prepared Statement on Comments on the by the PCX. The Exchange filed 1. Purpose Proposed Rule Change Received From 3 Amendment No. 1 to the proposed rule Members, Participants, or Others change on January 11, 2000. The The Exchange proposes to furnish its Commission is publishing this notice to market makers with statistical reports The Exchange did not solicit or solicit comments on the proposed rule designed to measure trading volume and receive written comments on the participation in trading activity in each change from interested persons. proposed rule change. option issue traded on the Exchange. I. Self-Regulatory Organization’s The reports will provide monthly III. Date of Effectiveness of the Proposed Rule Change and Timing for Statement of the Terms of Substance of trading information that will identify, Commission Action the Proposed Rule Change by order flow provider, the issue and number of contracts traded, the Lead Within 35 days of the date of The Exchange proposes to adopt a market maker (‘‘LMM’’) post where the publication of this notice in the Federal new procedure, codified in proposed issue is traded, the contra and executing Register or within such longer period (i) Exchange Rule 6.41, whereby the broker symbols, and whether the trade as the Commission may designate up to Exchange would furnish PCX market was executed through the Exchange’s 90 days of such date if it finds such makers with statistical reports that Automatic Execution System, through longer period to be appropriate and reflect trading volumes and identify the Limit Order Book, or manually in publishes its reasons for so finding or specific trading activity in particular the trading crowd. (ii) as to which the Exchange consents, option issues to be used by PCX market The Exchange believes these reports the Commission will: makers for marketing and business will help market makers develop (A) by order approve such rule development purposes. Below is the text marketing plans specific to order flow change, or of the proposed rule change. Proposed providers that the market makers can (B) institute proceedings to determine new language is in italics. use to help them increase order flow whether the proposed rule change sent to the PCX. The reports will should be disapproved. Market Maker Marketing Reports identify which order flow providers currently are bringing trades to the PCX IV. Solicitation of Comments Rule 6.41. The Exchange will provide and how those orders are being Interested persons are invited to its Market Makers with statistical executed. In addition, the reports are submit written data, views, and reports designed to measure trading designed to help PCX market makers arguments concerning the foregoing, volume and participation in trading support their business relationships and including whether the proposed rule activity in each option issue traded on encourage further business development change is consistent with the Act. the Exchange. The reports will provide with those order flow providers. Persons making written submissions monthly trading information that will Furthermore, these reports will help the should file six copies thereof with the identify, by order flow provider, the market makers identify specific Secretary, Securities and Exchange issue and number of contracts traded, customers to whom they should direct Commission, 450 Fifth Street, NW, the LMM post where the issue is traded, their marketing efforts. The Exchange Washington, DC 20549–0609. Copies of the contra and executing broker believes that these reports will help the the submission, all subsequent symbols, and whether the trade was market makers focus on specific amendments, all written statements executed through the Exchange’s business needs of their customers, so with respect to the proposed rule Automatic Execution System, through that they can attract more business to change that are filed with the the Limit Order Book, or manually in the PCX. Finally, the Exchange believes Commission, and all written the trading crowd. the reports will help it compete for communications relating to the II. Self-Regulatory Organization’s order flow in multiply traded issues. proposed rule change between the Commission and any person, other than Statement of the Purpose of, and 2. Statutory Basis those that may be withheld from the Statutory Basis for, the Proposed Rule The proposed rule change is public in accordance with the Change consistent with Section 6(b) of the Act 4 provisions of 5 U.S.C. 552, will be In its filing with the Commission, the in general, and furthers the objectives of available for inspection and copying in 5 PCX included statements concerning the Section 6(b)(5) in particular, in that it the Commission’s Public Reference purpose of, and basis for, the proposed is designed to promote just and Room. Copies of the filing will also be rule change and discussed any equitable principles of trade, to foster available for inspection and copying at comments it received on the proposed cooperation and coordination with the principal office of the PCX. All persons engaged in regulating, clearing, rule change. The text of these statements submissions should refer to File No. settling, processing information with may be examined at the places specified SR–PCX–99–38 and should be respect to, and facilitating transactions in Item IV below. The Exchange has submitted by March 7, 2000. in securities. prepared summaries, set forth in For the Commission, by the Division of Sections A, B and C below, of the most B. Self-Regulatory Organization’s Market Regulation, pursuant to delegated significant aspects of such statements. Statement on Burden on Competition authority.6 The Exchange does not believe that Margaret H. McFarland, 3 Letter from Robert P. Pacileo, Staff Attorney, the proposed rule change will impose Deputy Secretary. Regulatory Policy, PCX, to Richard C. Strasser, any burden on competition that is not [FR Doc. 00–3435 Filed 2–14–00; 8:45 am] Assistant Director, Division of Market Regulation, BILLING CODE 8010±01±M Commission, dated January 7, 2000 (‘‘Amendment No. 1’’). Amendment No. 1 adds Exchange Rule 4 15 U.S.C. 78f(b). 6.41 to the text of Exchange Rule 6. 5 15 U.S.C. 78f(b)(5). 6 17 CFR 200.30–3(a)(12).
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OFFICE OF THE UNITED STATES B. Redesignation of Eligible Articles with a flag ‘‘*’’ or ‘‘2’’) which did not TRADE REPRESENTATIVE Where an eligible article from a have GSP duty-free treatment in all or beneficiary developing country ceased the last half of 1999. Generalized System of Preferences; List II shows GSP-eligible articles Imports Statistics Relating to to receive duty-free treatment due to exceeding the CNL in a prior year, from beneficiary developing countries Competitive Need Limitations; that (1) have not yet exceeded, but are Invitation for Public Comment Section 503(c)(2)(C) of the 1974 Act provides the President with discretion approaching, the $90 million CNL AGENCY: Office of the United States to redesignate such an article for duty- during the period from January through Trade Representative. free treatment if imports in the most October 1999, or (2) are close to or above the 50 percent CNL. Depending ACTION: Notice; Invitation for Public recently completed calendar year did Comment. not exceed the CNLs. on final calendar year 1999 import data, these products also stand to lose GSP SUMMARY: The Trade Policy Staff III. Implementation of Competitive duty-free treatment on July 1, 2000. Committee (TPSC) is informing the Need Limitations, Waivers, and List III is a subset of List II. List III public of interim 1999 import statistics Redesignations identifies GSP-eligible articles from relating to Competitive Need Exclusions from GSP duty-free beneficiary developing countries that Limitations (CNL) under the treatment where CNLs have been are near or above the 50 percent CNL, Generalized System of Preferences exceeded, as well as the return of GSP but that may be eligible for a de minimis (GSP) program. The TPSC also invites duty-free treatment to products for waiver of the 50 percent CNL. Actual public comments by 5:00 p.m. March which the President has used his eligibility for de minimis waivers will 31, regarding possible de minimis CNL discretionary authority to grant depend on final calendar year 1999 waivers with respect to particular redesignations, will be effective July 1, import data. articles, and possible redesignations 2000. Decisions on these matters, as List IV shows GSP articles from under the GSP program of articles well as decisions with respect to de beneficiary developing countries which currently subject to CNLs. minimis waivers, will be based on full are currently not receiving GSP duty- FOR FURTHER INFORMATION CONTACT: GSP 1999 calendar year import statistics. free treatment, but which have import Subcommittee, Office of the United levels (based on interim 1999 data) States Trade Representative, 600 17th IV. Interim 1999 Import Statistics below the CNLs and which thus may be Street, NW., Room 518, Washington, DC In order to provide advance eligible for redesignation pursuant to 20508. The telephone number is (202) indication of possible changes in the list the President’s discretionary authority. 395–6971. of eligible articles pursuant to exceeding Articles with a ‘‘D’’ exceed the 50 SUPPLEMENTARY INFORMATION: CNLs, and to afford an earlier percent CNL and would require both de minimis waivers and redesignation to I. Competitive Need Limitations opportunity for comment regarding possible de minimis waivers and receive GSP duty-free treatment. The list Section 503(c)(2)(A) of the Trade Act redesignations, interim import statistics may contain articles that may not be of 1974, as amended (the ‘‘1974 Act’’) covering the first 10 months of 1999 are redesignated until certain conditions are (19 U.S.C. 2463(c)(2)(A)), provides for included with this notice. fulfilled, as for example, where GSP Competitive Need Limitations on duty- The following lists contain the eligibility for articles was suspended free treatment under the GSP program. HTSUS numbers and beneficiary because of deficiencies in beneficiary When the President determines that a country of origin for GSP-eligible countries’ protection of the rights of beneficiary developing country exported articles, the value of imports of such workers or owners of intellectual to the United States during a calendar articles for the first ten months of 1999, property. This list does not include year either (1) a quantity of a GSP- and their percentage of total imports of articles from India which do not receive eligible article having a value in excess that product from all countries. The GSP treatment as a result of Presidential of the applicable amount for that year flags indicate the status of GSP Proclamation 6425 of April 29, 1992 (57 ($90 million for 1999), or (2) a quantity eligibility. FR 19067). of a GSP-eligible article having a value Articles marked with an ‘‘*’’ are those Each list is followed by a summary equal to or greater than 50 percent of the that have been excluded from GSP table that indicates the number of value of total U.S. imports of the article eligibility for the entire past calendar products cited from each beneficiary from all countries (the ‘‘50 percent’’ year. Flags ‘‘1’’ or ‘‘2’’ indicate products developing country and the total value CNL), the President shall terminate GSP that were not eligible for duty-free of imports of those products from the duty-free treatment for that article from treatment under GSP for the first six beneficiary developing country. that beneficiary developing country by months or last six months, respectively, The lists appended to this notice are no later than July 1 of the next calendar of 1999. provided for informational purposes year. The flag ‘‘D’’ identifies articles with only. The attached lists are computer- II. Discretionary Decisions total U.S. imports from all countries, generated and, based on interim 1999 based on interim 1999 data, less than data, may not include all articles that A. De Minimis Waivers the applicable amount ($14.5 million in may be affected by the GSP CNLs. Section 503(c)(2)(F) of the 1974 Act 1999) for eligibility for a de minmis Regardless of whether or not an article provides the President with discretion waiver of the 50 percent CNL. is included on the lists, all to waive the 50 percent CNL with List I shows GSP-eligible articles from determinations and decisions regarding respect to an eligible article imported beneficiary developing countries that the CNLs of the GSP program will from a beneficiary developing country if have exceeded the CNL of $90 million depend on full calendar year 1999 the value of total imports of that article in 1999. Those articles without a flag import data with respect to each GSP from all countries during the calendar identify articles that were GSP eligible eligible article. Each interested party is year did not exceed the applicable during 1999 but stand to lose GSP duty- advised to conduct its own review of amount for that year ($14.5 million for free treatment on July 1, 2000. In 1999 import data with regard to the 1999). addition, List I shows articles (denoted possible application of GSP CNLs.
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IV. Public Comments A party must provide fourteen copies clearly marked, at the top and bottom of of its statement which must be received each page, ‘‘public version’’ or ‘‘non- All written comments with regard to by the Chairman of the GSP confidential’’. the matters discussed above should be Subcommittee no later than 5 p.m., addressed to: GSP Subcommittee, Office Written comments submitted in Friday, March 31. Comments received connection with these decisions, except of the U.S. Trade Representative, 600 after the deadline will not be accepted. for information granted ‘‘business 17th Street, N.W., Room 518, If the comments contain business confidential’’ status pursuant to 15 CFR Washington, DC 20508. All submissions confidential information, fourteen 2007.7, will be available for public must be in English and should conform copies of a non-confidential version inspection shortly after the filing to the information requirements of 15 must also be submitted. A justification deadline by appointment only with the CFR 2007. Furthermore, each party as to why the information contained in staff of the USTR Public Reading Room providing comments should indicate on the submission should be treated (202) 395–6186. Other requests and the first page of the submission its confidentially must be included in the questions should be directed to the GSP name, the relevant Harmonized Tariff submission. In addition, the Information Center at USTR by calling Schedule subheading(s), the beneficiary submissions containing confidential (202) 395–6971. country or territory of interest, and the information should be clearly marked type of action (e.g., the use of the ‘‘confidential’’ at the top and bottom of Jon Rosenbaum, each page of the submission. The President’s de minimis waiver authority, Chairman, GSP Subcommittee of the TPSC. version that does not contain etc.) in which the party is interested. confidential information should also be BILLING CODE 3190±01±M
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[FR Doc. 00–3399 Filed 2–14–00; 8:45 am] BILLING CODE 3190±01±C
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OFFICE OF THE UNITED STATES that straddle the U.S.-Canadian border. Street, NW, Washington, DC 20508. TRADE REPRESENTATIVE U.S. fishermen who lodged instead in Comments will be placed in a file Ontario tourist establishments were (Docket 301–119) open to public Practices of the Government of permitted to keep their catch. The inspection pursuant to 15 CFR 2006.13, Canada and of the Province of Ontario petition alleged that, as a result, U.S. except confidential business Regarding Measures Affecting Tourism resorts, fishing guides, and other information exempt from public and Sport Fishing businesses tied to sport fishing suffered inspection in accordance with 15 CFR discrimination. The petition further 2006.15. Confidential business ACTION: Notice of results of section 302 alleged that Canadian immigration information submitted in accordance investigation and invitation for public officials required U.S. fishing guides to with 15 CFR 2006.15 must be clearly comments. obtain Canadian work authorizations to marked ‘‘BUSINESS CONFIDENTIAL’’ SUMMARY: The United States Trade guide fishing trips into Canada. The in a contrasting color ink at the top of Representative (USTR) has conducted petition also alleged that these acts, each page on each of 20 copies, and an investigation initiated under section policies or practices had caused a sharp must be accompanied by a 302(a) of the Trade Act of 1974, as fall-off in the tourism industry, which nonconfidential summary of the amended (the Trade Act) (19 U.S.C. directly or indirectly generates over confidential information. The 2412(a)), with respect to certain acts, $700 million in revenues per year in the nonconfidential summary shall be policies and practices of the Minnesota counties bordering Ontario. placed in the file that is open to public Government of Canada and of the On April 29, 1999, the USTR inspection. Province of Ontario that may determined that an investigation should Copies of the public version of the discriminate against U.S. providers of be initiated under section 302(a) of the petition and other relevant documents tourism services. The USTR initiated Trade Act. See 64 FR 28545. are available for public inspection in the this investigation on April 29, 1999, in During the course of this USTR Reading Room. An appointment response to a petition filed by the investigation, the U.S. Government held to review the docket may be made by Border Waters Coalition Against a series of consultations with the calling Brenda Webb (202) 395–6186. Discrimination in Services Trade. Government of Canada and the Province The USTR Reading Room is open to the Subsequently, the Government of of Ontario on the matters under public from 9:30 a.m. to 12 noon and 1 Canada and the Province of Ontario investigation. On October 29, 1999, the p.m. to 4 p.m., Monday through Friday, have taken steps that provide a Province of Ontario announced that it and is located in Room 101. satisfactory resolution of the dispute had revoked the provincial measures William Busis, concerning the acts, policies, and that were under investigation in this practices that are the subject of this matter. On November 4, 1999, the Chairman, Section 301 Committee. investigation. Therefore, pursuant to Government of Canada agreed that the [FR Doc. 00–3437 Filed 2–14–00; 8:45 am] section 304(a)(1)(B) of the Trade Act, the immigration measure under BILLING CODE 3190±01±M USTR has determined that the investigation would be reviewed by the appropriate action in this case is to NAFTA Temporary Entry Working terminate the investigation and to Group. The USTR has determined that DEPARTMENT OF TRANSPORTATION monitor the Canadian and Ontario these measures and agreements provide Governments’ implementation of these a satisfactory resolution of the matters Federal Aviation Administration measures to eliminate those acts, that are the subject of this investigation Agency Information Collection Activity policies, and practices. The USTR and that it is therefore appropriate to Under OMB Review invites public comment with respect to terminate this investigation. The USTR will continue to monitor this action. AGENCY: Federal Aviation implementation by the Government of ADDRESSES: Office of the United States Administration (FAA), DOT. Canada and the Province of Ontario of Trade Representative, 600 17th Street, ACTION: Notice. NW, Washington, DC 20508. these measures and agreements. Prior to terminating this 301 action, SUMMARY: In compliance with the FOR FURTHER INFORMATION CONTACT: the USTR consulted with the domestic Mary Ryckman, Director for Canadian Paperwork Reduction Act of 1995 (44 industry that filed the petition and with U.S.C. 3501 et seq.), this notice Affairs, (202) 395–3412, or Steven F. the State of Minnesota. An opportunity Fabry, Associate General Counsel, (202) announces that the Information for public comment prior to this action Collection Request (ICR) abstracted 395–3582. was not possible in view of the need to SUPPLEMENTARY INFORMATION: On March below has been forwarded to the Office provide prompt relief to the domestic of Management and Budget (OMB) for 15, 1999, the Border Waters Coalition industry. Against Discrimination in Services extension of currently approved Trade filed a petition pursuant to Public Comments collections. The ICR describes the section 302(a) of the Trade Act alleging Interested members of the public are nature of the information collection and that certain acts, policies and practices invited to submit comments to USTR its expected burden. The Federal of the Government of Canada and the regarding this action. USTR will review Register Notice with a 60-day comment Province of Ontario are actionable under these comments upon receipt. period soliciting comments on the section 301. In particular, the petition Comments must be filed in following collection of information was alleged that Ontario impaired the ability accordance with the requirements set published on October 7, 1999, [FR 64, of Minnesota tourist establishments forth in 15 CFR 2006.8(b) and must be pages 54720–54721]. (fishing resorts, fishing guides, filed on or before March 13, 2000. DATE: Comments must be submitted on outfitters, and others) to compete Comments must be in English and or before March 16, 2000. A comment to against their Canadian counterparts by provided in twenty copies to: Sybia OMB is most effective if OMB receives prohibiting U.S. recreational fishermen Harrison, Staff Assistant to the Section it within 30 days of publication. from keeping their catch if they lodged 301 Committee, Room 223, Office of the FOR FURTHER INFORMATION CONTACT: Judy on the Minnesota side of certain lakes U.S. Trade Representative, 600 17th Street on (202) 267–9895.
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SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION submitted by Susquehanna Area Regional Airport Authority was Federal Aviation Administration (FAA) Federal Aviation Administration substantially complete within the Title: Employment Standards—Parts requirements of section 158.25 of Part Notice of Intent to Rule on Application 158. The FAA will approve or 107 and 108 of the Federal Aviation 00±03±C±00±MDT to Impose and Use Regulations. disapprove the application, in whole or the Revenue from a Passenger Facility in part, no later than April 22, 2000. Type of Request: Extension of a Charge (PFC) at Harrisburg The following is a brief overview of currently approved collection. International Airport, Middletown, PA the application. OMB Control Number: 2120–0554. AGENCY: Federal Aviation PFC Application No.: 00–03–C–00– MDT. Forms: N/A. Administration (FAA), DOT. Level of the proposed PFC: $3.00. ACTION: Notice of intent to rule on Affected Public: 1,305 airport Proposed charge effective date: July 1, application. operators and air carrier operators. 2000. Abstract: Section 105 of Public Law SUMMARY: The FAA proposes to rule and Proposed charge expiration date: May 101–604, the Aviation Security invites public comment on the 1, 2002. Improvement Act of 1990, directed the application to impose and use the Total estimated PFC revenue: $3,715,249.00. FAA to prescribe standards for the revenue from a PFC at Harrisburg International Airport under the Brief description of proposed hiring, continued employment and project(s): contracting of air carrier and provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title —Relocate Terminal Loop Road appropriate airport security personnel. —Enplaned/Deplaned Drive These standards were developed and IX of the Omnibus Budget Reconciliation Act of 1990) (P.L. 101– Expansion have become part of 14 CFR parts 107 —Loading Bridge Replacements (2) 508) and part 158 of the Federal and 108. Airport operators will maintain —PFC Application Development Aviation Regulations (14 CFR part 158). at their principal business office at least Class or classes of air carriers which DATES: one copy of evidence of compliance Comments must be received on the public agency has requested not be or before March 16, 2000. with training requirements for all required to collect PFCs: Nonscheduled/ employees having unescorted access ADDRESSES: Comments on this On-Demand Air Carriers. privileges to security areas. Air carrier application may be mailed or delivered Any person may inspect the in triplicate to the FAA at the following ground security coordinators are applicationin person at the FAA office address: Ms. Roxane Wren, Harrisburg required to maintain at least one copy listed above under FOR FURTHER Airports District Office, 3911 Hartzdale of the annual evaluation of their INFORMATION CONTACT and at the FAA Drive, Suite 1100, Camp Hill, PA 17011. security-related functions. regional airports office located at: In addition, one copy of any Fitzgeral Federal Building #111, Estimated Annual Burden Hours: comments submitted to the FAA must Airports Division, AEA-610, John F. 16,297 burden hours annually. be mailed or delivered to Mr. David Kennedy International Airport, Jamaica, Holdsworth, Executive Director of the ADDRESSES: Send comments to the New York, 11430. Susquehanna Area Regional Airport In addition, any person may, upon Office of Information and Regulatory Authority at the following address: Affairs, Office of Management and request, inspect the application, notice Susquehanna Area Regional Airport and other documents germane to the Budget, 725–17th Street, NW., Authority, 135 York Drive, Suite 100, application in person at the Washington, DC 20503, Attention: FAA Middletown, PA 17057–5078. Susquehanna Area Regional Airport Desk Officer. Air carriers and foreign air carriers Authority. Comments Are Invited On: Whether may submit copies of written comments previously provided to the Susquehanna Issued in Camp Hill, PA on January 28, the proposed collection of information 2000. is necessary for the proper performance Area Regional Airport Authority under section 158.23 of part 158. Sharon A. Daboin, of the functions of the Department, Manager, Harrisburg ADO, Eastern Region. including whether the information will FOR FURTHER INFORMATION CONTACT: Ms. [FR Doc. 00–3447 Filed 2–14–00; 8:45 am] have practical utility; the accuracy of Roxane Wren, Program Specialist, BILLING CODE 4819±13±M the Department’s estimate of the burden Harrisburg Airports District Office, 3911 of the proposed information collection; Hartzdale Drive, Suite 1100, Camp Hill, PA 17011, 717–730–2830. The ways to enhance the quality, utility and DEPARTMENT OF TRANSPORTATION clarity of the information to be application may be reviewed in person collected; and ways to minimize the at this same location. Maritime Administration SUPPLEMENTARY INFORMATION: The FAA burden of the collection of information [Docket No. MARAD±2000±6905] on respondents, including the use of proposes to rule and invites public automated collection techniques or comment on the application to impose Information Collection Available for and use the revenue from a PFC at other forms of information technology. Public Comments and Harrisburg International Airport under Recommendations Issued in Washington, DC, on February 9, the provisions of the Aviation Safety 2000. and Capacity Expansion Act of 1990 ACTION: Notice and request for Steve Hopkins, (Title IX of the Omnibus Budget comments. Manager, Standards and Information Reconciliation Act of 1990) (P.L. 101– Division, APF–100. 508) and part 158 of the Federal SUMMARY: In accordance with the [FR Doc. 00–3448 Filed 2–14–00; 8:45 am] Aviation Regulations (14 CFR part 158). Paperwork Reduction Act of 1995, this On January 20, 2000, the FAA notice announces the Maritime BILLING CODE 4910±13±M determined that the application to Administration’s (MARAD) intentions impose and use the revenue from a PFC to request approval for three years of an
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DEPARTMENT OF TRANSPORTATION ADDRESSES: Send comments, within 30 Title: Designation of Agent. days, to the Office of Information and OMB Number: 2127–0040. National Highway Traffic Safety Regulatory Affairs, Office of Administration Management and Budget, 725–17th Type of Request: Extension of a Street, NW, Washington, D.C. 20503, currently approved collection. Reports, Forms and Record Keeping Attention NHTSA Desk Officer. Abstract: This collection of Requirements; Agency Information Comments are invited on: Whether information applies to motor vehicle Collection Activity Under OMB Review the proposed collection of information and motor vehicle equipment AGENCY: National Highway Traffic is necessary for the proper performance manufacturers located outside of the Safety Administration, DOT. of the functions of the Department, United States (foreign manufacturers). including whether the information will ACTION: Notice. Every manufacturer offering a motor have practical utility; the accuracy of vehicle or item of motor vehicle SUMMARY: In compliance with the the Departments estimate of the burden equipment for importation into the of the proposed information collection; Paperwork Reduction Act of 1995 (44 United States is statutorily required to ways to enhance the quality, utility and U.S.C. 3501 et seq., this notice designate in writing an agent upon clarity of the information to be announces that the Information whom service of all administrative and collected; and ways to minimize the Collection Request (ICR) abstracted judicial processes, notices, orders, below has been forwarded to the Office burden of the collection of information on respondents, including the use of decisions and requirements may be of Management and Budget (OMB) for made for and on behalf of the review and comment. The ICR describes automated collection techniques or manufacturer. the nature of the information collections other forms of information technology. and their expected burden. The Federal A Comment to OMB is most effective Affected Public: Foreign Register Notice with a 60-day comment if OMB receives it within 30 days of manufacturers of motor vehicles and period was published on October 27, publication. motor vehicle equipment located 1999 [64 FR 57924–57925]. Issued in Washington, DC, on February 9, outside of the United States, which are DATES: Comments must be submitted on 2000. importing these items into the United or before March 16, 2000. Herman L. Simms, States. FOR FURTHER INFORMATION CONTACT: Associate Administrator for Administration. Estimated Total Annual Burden: 70. Marlene Markison at the National [FR Doc. 00–3534 Filed 2–14–00; 8:45 am] ADDRESSES: Send comments, within 30 Highway Traffic Safety Administration, BILLING CODE 4910±59±P Office of State and Community Services days, to the Office of Information and (NSC–01), 202–366–0166. 400 Seventh Regulatory Affairs, Office of Street, SW, Room 6240, Washington, DC DEPARTMENT OF TRANSPORTATION Management and Budget, 725–17th 20590. Street, NW, Washington, DC 20503, National Highway Traffic Safety Attention NHTSA Desk Officer. SUPPLEMENTARY INFORMATION: Administration Comments are invited on: Whether National Highway Traffic Safety the proposed collection of information Administration Reports, Forms and Record Keeping Requirements; Agency Information is necessary for the proper performance Title: 23 CFR part 1313 Certification Collection Activity Under OMB Review of the functions of the Department, Requirements for State Grants for Drunk including whether the information will AGENCY: National Highway Traffic Driving Prevention Program. have practical utility; the accuracy of Safety Administration, DOT. OMB Number: 2127—0501. the Departments estimate of the burden ACTION: Type of Request: Extension of a Notice. of the proposed information collection; currently approved collection. ways to enhance the quality, utility and Abstract: The Section 410 program SUMMARY: In compliance with the clarity of the information to be was created by the Drunk Driving Paperwork Reduction Act of 1995 (44 Prevention Act of 1988 and codified in U.S.C. 3501 et seq.), this notice collected; and ways to minimize the 23 U.S.C. 410. As originally conceived, announces that the Information burden of the collection of information States could qualify for basic and Collection Request (ICR) abstracted on respondents, including the use of supplemental grants under the Section below has been forwarded to the Office automated collection techniques or 410 program if they met certain criteria. of Management and Budget (OMB) for other forms of information technology. To qualify for a basic grant, States had review and comment. The ICR describes A Comment to OMB is most effective to provide for an expedited driver’s the nature of the information collections if OMB receives it within 30 days of and their expected burden. The Federal license suspension or revocation system publication. and a self-sustaining drunk driving Register Notice with a 60-day comment Issued in Washington, DC, on February 9, prevention program. Too qualify for a period was published on October 27, 2000. supplemental grant, States had to be 1999 [64 FR 57924–57925]. eligible for a basic grant and provide DATES: Comments must be submitted on Herman L. Simms, mandatory blood alcohol testing or before March 16, 2000. Associate Administrator for Administration. program, an underage drinking program, Attention NHTSA Desk Officer. [FR Doc. 00–3535 Filed 2–14–00; 8:45 am] an open container and consumption FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±59±P program, or a suspension of registration Sharon Vaughn at the National Highway and return of license plate program. Traffic Safety Administration, Office of Affected Public: Those state, local, Chief Counsel (NCC–30), 202–366–1834. and tribal government officials applying 400 Seventh Street, SW, Room 5219, for impaired driving grants. Washington, DC 20590. Estimated Total Annual Burden: SUPPLEMENTARY INFORMATION: National 2,340. Highway Traffic Safety Administration.
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DEPARTMENT OF TRANSPORTATION Transportation Board, Office of the SUPPLEMENTARY INFORMATION: In their Secretary, Case Control Unit, ATTN: BN/CN–8 petition filed February 3, Surface Transportation Board STB Finance Docket No. 33842, 1925 K 2000, applicants have proposed a [STB Finance Docket No. 33842] Street, NW, Washington, DC 20423– procedural schedule to govern the 0001. In addition, one copy of each course of the BNSF/CN proceeding. In Canadian National Railway Company, document filed in this proceeding must their BN/CN–9 petition filed February 4, Grand Trunk Western Railroad be sent to the Administrative Law Judge 2000, applicants have requested waiver Incorporated, Illinois Central Railroad assigned to entertain and rule upon all or clarification of certain of the Board’s Company, Burlington Northern Santa disputes concerning discovery in this 49 CFR part 1180 Railroad Fe Corporation, and the Burlington proceeding (an ALJ will be assigned to Consolidation Procedures, and of Northern and Santa Fe Railway this proceeding in the near future), and certain other regulations governing Company; Common Control to each of applicants’ representatives: filings related to the primary (1) Erika Z. Jones, Mayer, Brown & Platt, application.6 AGENCY: Surface Transportation Board. 1909 K Street, NW, Washington, DC Applicants’ Proposed Procedural ACTION: 20006–1101 (representing BNSF), and Decision No. 6; Request for Schedule Comments on Procedural Schedule; (2) Paul A. Cunningham, Harkins Establishment of Schedule for Any Cunningham, 801 Pennsylvania The procedural schedule proposed by Comments on Petition for Waiver or Avenue, NW, Suite 600, Washington, applicants is as follows: 7 Clarification of Certain Requirements of DC 20004–2664 (representing CN). F: Primary application (and any related the Board’s Regulations. In addition to submitting an original applications) filed. and 25 copies of all paper documents F+30: Board notice of acceptance of SUMMARY: Pursuant to 49 CFR 1180.4(b), filed with the Board, parties must also primary application (and any related Burlington Northern Santa Fe submit, on diskettes (3.5-inch IBM- applications) published in the Federal Corporation (BNSFC) and The compatible floppies) or compact discs, Register. F+45: Notification of intent to Burlington Northern and Santa Fe one electronic copy of each such 1 participate in proceeding due. Railway Company (BNSFR), and document (e.g., textual materials, Description of anticipated Canadian National Railway Company electronic workpapers, data bases and inconsistent and responsive (CNR), Grand Trunk Western Railroad spreadsheets used to develop applications due; petitions for waiver Incorporated (GTW), and Illinois Central quantitative evidence). Textual or clarification due with respect to Railroad Company (IC),2 have notified materials must be in, or convertible by such applications. the Surface Transportation Board and into, WordPerfect 7.0. Spreadsheets (Board) of their intention to file an F+120: Inconsistent and responsive must be in some version of Lotus, Excel, applications due. All comments, application 3 seeking Board or Quattro Pro.4 Each diskette or authorization under 49 USC 11323–25 protests, requests for conditions, and compact disc should be clearly labeled any other evidence and argument in and 49 CFR part 1180 for a transaction with the identification acronym and (referred to as the BNSF/CN transaction) opposition to the primary application number of the corresponding paper (and any related applications) due. under which BNSF and CN would be document, see 49 CFR 1180.4(a)(2), and Comments by U.S. Department of brought under common control. In a a copy of such diskette or compact disc Justice and U.S. Department of prior decision (Decision No. 1, served should be provided to any other party December 28, 1999, and published in Transportation due. upon request. The data contained on the F+140: Notice of acceptance (if the Federal Register on January 4, 2000, diskettes or compact discs submitted to required) of inconsistent and at 65 FR 318), the Board found that the the Board may be submitted under seal responsive applications published in BNSF/CN transaction contemplated by (to the extent that the corresponding the Federal Register. applicants is a ‘‘major’’ transaction. In paper copies can be submitted under F+205: Response to inconsistent and today’s decision, the Board is requesting seal pursuant to the protective order responsive applications due. comments from interested persons on previously entered in this proceeding), Response to comments, protests, the procedural schedule proposed by and will be for the exclusive use of the requests for conditions, and other applicants, and is setting a schedule for Board employees reviewing substantive opposition due. Rebuttal in support of any comments on the applicants’ and/or procedural matters in this primary application (and any related petition for waiver or clarification of proceeding. The flexibility provided by applications) due. certain requirements of the Board’s such computer data is necessary for F+240: Rebuttal in support of regulations. efficient review of these materials by the inconsistent and responsive 5 DATES: Written comments on the Board and its staff. applications due. procedural schedule and the petition for FOR FURTHER INFORMATION CONTACT: Julia F+270: Briefs due, all parties (not to waiver or clarification must be filed M. Farr, (202) 565–1613. [TDD for the exceed 60 pages for applicants and with the Board no later than March 1, hearing impaired: 1–800–877–8339.] not to exceed 30 pages for others). 2000. Applicants’ reply is due by March F+300: Oral argument (close of 6, 2000. 4 The results derived from electronic workpapers evidentiary record). must be reproducible, i.e., all underlying data bases, F+305: Voting conference (at Board’s ADDRESSES: An original and 25 copies of computer programs (FORTRAN, COBOL, C++, etc.) all documents filed in this proceeding and electronic spreadsheets must be submitted in discretion). must refer to STB Finance Docket No. evidence. Program flows and logic trails must also 33842 and must be sent to the Surface be included. Computer programs must be submitted 6 The application that will seek authorization for in both source code and executable modules. the BNSF/CN transaction is referred to as the Electronic spreadsheets must be executable and all ‘‘primary’’ application. Any other application, 1 BNSFC and BNSFR are referred to collectively cell inputs must be documented. petition, or notice that will be filed by the BNSF/ as BNSF. 5 The electronic submission requirements set CN applicants is referred to as a ‘‘related’’ 2 CNR, GTW, and IC are referred to collectively forth in this decision supersede, for the purposes application. as CN. of this proceeding, the otherwise applicable 7 The term ‘‘F’’ designates the date of filing of the 3 BNSF and CN are referred to collectively as electronic submission requirements set forth in our application and ‘‘F + n’’ means ‘‘n’’ days following applicants. regulations. See 49 CFR 1104.3(a). that date.
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F+365: Date of service of final decision. As further respects environmental annual reports to shareholders of CNR Applicants propose that we further matters, applicants indicate that their and BNSFC; (F) waiver or clarification provide: that, immediately upon each proposed schedule assumes that the of 49 CFR 1180.6(b)(3), (6), and (8), evidentiary filing, the filing party must final environmental assessment (EA) or relating to matters of corporate structure place all documents relevant to the environmental impact statement (EIS) and intercorporate relationships, to filing (other than documents that are will be available prior to oral argument permit applicants to exclude certain privileged or otherwise protected from (which applicants would schedule for data that (applicants claim) is not discovery) in a depository open to all Day F+300). Applicants add that, if relevant to a thorough evaluation of the parties, and must make its witnesses more time should be needed to BNSF/CN primary application; (G) available for discovery depositions; that complete the EA or EIS, that need could waiver of 49 CFR 1105.10(a) and access to documents subject to be accommodated by an appropriate 1150.1(b) to provide that applicants may protective order will be appropriately extension. advise SEA, by no later than 30 days before the filing of the BNSF/CN restricted; that discovery relating to Petition for Waiver or Clarification. applications and other filings (including primary application, of any control- In their BN/CN–9 petition, applicants responsive and inconsistent related construction projects that will be seek waiver or clarification of certain applications), where permitted, will the subject of applications for approval, requirements of the Board’s Railroad begin immediately upon their filing; and petitions for exemption, or notices of Consolidation Procedures, 49 CFR part exemption related to the primary that the ALJ assigned to this matter will 1180, subpart A, and of certain other have the authority initially to resolve application; and (H) certain assertedly regulations governing filings related to related relief to permit the filing of any any discovery disputes. the BNSF/CN primary application. Applicants also propose that parties directly-related abandonment Applicants seek, in particular: (A) applications (or notices of, or petitions wishing to engage in discovery be waiver or clarification to provide that directed to consult with the ALJ who for, exemption) together with the the primary application is not required primary application and the processing will be designated to handle all to include effects of the proposed discovery matters and to resolve of any such abandonment applications transaction that would take place on the same schedule as the control initially all discovery disputes; and that entirely outside the United States, and proceeding, as well as the waiver or the ALJ be given authority to adopt therefore may be limited to effects clarification of certain abandonment discovery guidelines (which, applicants within, and on traffic to and from, the regulations pursuant to 49 CFR indicate, they intend to seek) and to rule United States; (B) waiver or clarification 1152.24(e)(5). on discovery matters, but not to modify of 49 CFR 1180.3(a) to exclude Grand the procedural schedule. Applicants Trunk Corporation, Illinois Central Request for Comments further propose that we require: that Corporation, CCP Holdings, Inc., and We invite all interested persons to appeals of ALJ decisions must be filed North American Railways, Inc. (NAR) submit written comments on applicants’ within 3 working days of the date of a from the definition of ‘‘applicant’; (C) proposed procedural schedule by March bench ruling, or, in its absence, the date waiver or clarification of 49 CFR 1, 2000. In addition, interested persons of a written ruling; and that replies to 1180.3(b) to limit the definition of who wish to comment on applicants’ appeals, and also replies to any motion ‘‘applicant carriers’’ to those Board- petition for waivers and clarifications filed with the Board itself in the first regulated rail carriers in which either will be permitted to do so by the same instance, must be filed within 3 working CN or BNSF now holds a majority March 1, 2000 deadline. 8 Interested days of the date of filing of such appeal interest, and, where the Board’s rules parties have already raised some or motion. require the submission of information or concerns about filing requirements for As respects environmental matters, data pertaining to ‘‘applicant carriers,’’ this transaction, and in the interest of applicants propose that they be allowed waiver or clarification to permit docket management, comments on these to develop, in consultation with the applicants to submit, as appropriate, matters will be permitted so long as they Board’s Section of Environmental information or data pertaining to CNR are filed by March 1, 2000. Applicants’ Analysis (SEA), a schedule for their and BNSFC, or CNR and BNSFR, as reply to any filings made by March 1 environmental submissions, one appropriate, and their respective will be due by March 6, 2000. element of which (applicants indicate) majority-owned subsidiaries on a This action will not significantly will be a Safety Integration Plan that consolidated basis; (D) waiver or affect either the quality of the human will be prepared under the guidelines clarification of 49 CFR 1180.6(a)(2)(v) to environment or the conservation of established by the Federal Railroad permit applicants to submit employee energy resources. Administration (FRA). Applicants add impact data using the classifications and Decided: February 9, 2000. that any party contemplating the filing format described in Appendices A and of an inconsistent or responsive B to the BN/CN-9 petition; (E) waiver or 8 Our permitting comments with respect to the application should similarly be required clarification of 49 CFR 1180.6(b)(1), (2), waivers and clarifications sought by applicants to consult with SEA to confirm the and (4) to permit applicants to file only supersedes the otherwise applicable provisions of schedule for its environmental filings, (a) the most recent Securities and 49 CFR 1180.4(f)(3) (which provides that, in general, replies to a petition for waiver are not with the understanding that a Exchange Commission (SEC) Form 40-F permitted). We are superseding that regulation in responsive environmental report for any for CNR and the most recent Form 10- view of the uniqueness of some of the issues raised such application should be filed 20 days Ks for BNSFC and BNSFR, (b) the joint by the proposed BNSF/CN transaction. We have before such application (i.e., on Day BNSFC/CNR proxy statement/circular/ entertained replies to petitions for waiver or clarification in rail consolidation proceedings F+100 in the schedule proposed by prospectus included in Forms F–4 and where the circumstances warranted. See CSX applicants), unless the responsive/ S–4 filed by CNR and NAR in Corporation and CSX Transportation, Inc., Norfolk inconsistent applicant can certify that connection with the contemplated Southern Corporation and Norfolk Southern the transaction proposed in its issuance of shares of CNR voting stock Railway Company—Control and Operating Leases/ Agreements—Conrail Inc. and Consolidated Rail application does not require and shares of NAR common stock at the Corporation, STB Finance Docket No. 33388, environmental documentation pursuant closing of the BNSF/CN control Decision No. 7, slip op. at 8–9 and 9 n.22 (STB to 49 CFR 1105.6(c)(2). transaction, and (c) the most recent served May 30, 1997).
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By the Board, Chairman Morgan, Vice DEPARTMENT OF VETERANS OMB Human Resources and Housing Chairman Burkes, and Commissioner AFFAIRS Branch, New Executive Office Building, Clyburn. Room 10235, Washington, DC 20503 [OMB Control No. 2900±0120 Vernon A. Williams, (202) 395–4650. Please refer to ‘‘OMB Secretary. Agency Information Collection Control No. 2900–0120’’ in any [FR Doc. 00–3527 Filed 2–14–00; 8:45 am] Activities Under OMB Review correspondence. BILLING CODE 4915±00±P Dated: December 30, 1999. AGENCY: Veterans Benefits By direction of the Secretary. Administration, Department of Veterans DEPARTMENT OF TRANSPORTATION Affairs. Sandra S. McIntyre, Information Management Service. ACTION: Notice. Surface Transportation Board [FR Doc. 00–3451 Filed 2–14–00; 8:45 am] [STB Finance Docket No. 33731] SUMMARY: In compliance with the BILLING CODE 8320±01±U Paperwork Reduction Act (PRA) of 1995 Ellis County Rural Rail Transportation (44 U.S.C., 3501 et seq.), this notice DistrictÐConstruction and Operation announces that the Veterans Benefits DEPARTMENT OF VETERANS ExemptionÐEllis County, TX Administration (VBA), Department of AFFAIRS Veterans Affairs, has submitted the [OMB Control No. 2900±0131] AGENCY: Surface Transportation Board. collection of information abstracted ACTION: Notice of Exemption. below to the Office of Management and Agency Information Collection SUMMARY: Under 49 U.S.C. 10502, the Budget (OMB) for review and comment. Activities Under OMB Review The PRA submission describes the Board conditionally exempts from the AGENCY: nature of the information collection and Veterans Benefits prior approval requirements of 49 U.S.C. Administration, Department of Veterans 10901 the construction and operation by its expected cost and burden; it includes the actual data collection instrument. Affairs. Ellis County Rural Rail Transportation ACTION: Notice. District of a 4.8-mile line of railroad in DATES: Comments must be submitted on Ellis County, TX. or before March 16, 2000. SUMMARY: In compliance with the DATES: The exemption will not become FOR FURTHER INFORMATION OR A COPY OF Paperwork Reduction Act (PRA) of 1995 effective until the environmental THE SUBMISSION CONTACT: Denise (44 U.S.C., 3501 et seq.), this notice process is completed. Once that process McLamb, Information Management announces that the Veterans Benefits is completed, the Board will issue a Service (045A4), Department of Administration (VBA), Department of further decision addressing the Veterans Affairs, 810 Vermont Avenue, Veterans Affairs, has submitted the environmental matters and establishing NW, Washington, DC 20420, (202) 273– collection of information abstracted an exemption effective date at that time, 8030 or FAX (202) 273–5981. Please below to the Office of Management and if appropriate. Petitions to reopen must refer to ‘‘OMB Control No. 2900–0120.’’ Budget (OMB) for review and comment. be filed by March 6, 2000. SUPPLEMENTARY INFORMATION: The PRA submission describes the ADDRESSES: Send pleadings, referring to Title: Report of Treatment by nature of the information collection and STB Finance Docket No. 33731, to: (1) Attending Physician, VA FL 29–551a. its expected cost and burden; it includes Surface Transportation Board, Office of OMB Control Number: 2900–0120. the actual data collection instrument. the Secretary, Case Control Unit, 1925 K Type of Review: Extension of a DATES: Comments must be submitted on Street, NW, Washington, DC 20423– currently approved collection. or before March 16, 2000. 0001; and (2) Donald G. Avery, 1224 Abstract: This form letter is used to FOR FURTHER INFORMATION OR A COPY OF Seventeenth Street, NW, Washington, collect information from attending THE SUBMISSION CONTACT: Denise DC 20036. physician to determine the insured’s McLamb, Information Management FOR FURTHER INFORMATION CONTACT: eligibility for disability insurance Service (045A4), Department of Beryl Gordon, (202) 565–1600. [TDD for benefits. Veterans Affairs, 810 Vermont Avenue, the hearing impaired: 1–800–877–8339.] An agency may not conduct or NW, Washington, DC 20420, (202) 273– SUPPLEMENTARY INFORMATION: sponsor, and a person is not required to 8030 or FAX (202) 273–5981. Please Additional information is contained in respond to a collection of information refer to ‘‘OMB Control No. 2900–0131.’’ the Board’s decision. To purchase a unless it displays a currently valid OMB SUPPLEMENTARY INFORMATION: copy of the full decision, write to, call, control number. The Federal Register Title: Request for Supplementary ´ ´ or pick up in person from: Da-To-Da Notice with a 60-day comment period Information on Medical and Office Solutions, Suite 210, 1925 K soliciting comments on this collection Nonmedical Application, VA Form Street, N.W., Washington, DC 20006. of information was published on Letter 29–615. Telephone: (202) 289–4357. [TDD for September 23, 1999, at page 51586. OMB Control Number: 2900–0131. the hearing impaired: 1–800–877-8339.] Affected Public: Individuals or Type of Review: Extension of a Board decisions and notices are households. currently approved collection. available on our website at Estimated Annual Burden: 5,069 Abstract: The form letter is used by ‘‘WWW.STB.DOT.GOV.’’ hours. the policyholder to apply for new issue, Estimated Average Burden Per reinstatement or change of plan on Decided: February 8, 2000. Respondent: 15 minutes. Government Life Insurance. An agency By the Board, Chairman Morgan, Vice Frequency of Response: On occasion. may not conduct or sponsor, and a Chairman Burkes and Commissioner Estimated Number of Respondents: person is not required to respond to a Clyburn. 20,277. collection of information unless it Vernon A. Williams, Send comments and displays a currently valid OMB control Secretary. recommendations concerning any number. The Federal Register Notice [FR Doc. 00–3528 Filed 2–14–00; 8:45 am] aspect of the information collection to with a 60-day comment period soliciting BILLING CODE 4915±00±p VA’s OMB Desk Officer, Allison Eydt, comments on this collection of
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September 20, 1999, at pages 50867– Send comments and Control No. 2900–0139’’ in any 50868. recommendations concerning any correspondence. Affected Public: Individuals or aspect of the information collection to Dated: December 30, 1999. households. VA’s OMB Desk Officer, Allison Eydt, By direction of the Secretary. Estimated Annual Burden: 300 hours. OMB Human Resources and Housing Estimated Average Burden Per Sandra S. McIntyre, Branch, New Executive Office Building, Management Analyst, Information Respondent: 15 minutes. Room 10235, Washington, DC 20503 Frequency of Response: On occasion. Management Service. Estimated Number of Respondents: (202) 395–4650. Please refer to ‘‘OMB [FR Doc. 00–3457 Filed 2–14–00; 8:45 am] 1,200. BILLING CODE 8320±01±U
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Part II
Federal Communications Commission 47 CFR Parts 11, 73, and 74 Creation of Low Power Radio Service; Final Rule
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FEDERAL COMMUNICATIONS We believe that the LPFM service broad interest in service from highly COMMISSION authorized in this proceeding will local radio stations strongly grounded in provide opportunities for new voices to their communities. In authorizing this 47 CFR Parts 11, 73 and 74 be heard and will ensure that we fulfill new service today, we enhance locally [MM Docket No. 99±25; FCC 00±19; RM our statutory obligation to authorize focused community-oriented radio 9208, 9242] facilities in a manner that best serves broadcasting. the public interest. 4. Our goal in creating a new LPFM Creation of Low Power Radio Service 2. In establishing this new service, we service is to create a class of radio are determined to preserve the integrity stations designed to serve very localized AGENCY: Federal Communications and technical excellence of existing FM communities or underrepresented Commission. radio service, and not to impede its groups within communities. To that ACTION: Final rule. transition to a digital future. In this end, in the NPRM we proposed to regard, our own technical studies and establish two classes of low power FM SUMMARY: This document establishes our review of the record persuade us radio service: a 1000-watt primary rules authorizing the operation of two that 100-watt LPFM stations operating service and a 100-watt secondary new classes of low power FM (LPFM) without 3rd-adjacent channel separation service. We also sought comment on radio stations. LP100 stations will requirements will not result in whether to establish a secondary class of operate at a maximum power of 100 unacceptable new interference to the stations operating between one and 10 watts and LP10 stations at a maximum service of existing FM stations. watts. Commenters supporting low power of 10 watts. The LPFM service Moreover, imposing 3rd-adjacent power radio generally argued for the will provide opportunities for new channel separation requirements on creation of an LPFM service consisting voices to be heard and will be LPFM stations would unnecessarily of 100 or 10 watt stations. Most implemented in a manner that best impede the opportunities for stations in commenters did not support the serves the public interest. this new service, particularly in highly creation of 1000 watt stations, arguing DATES: Effective April 17, 2000. populated areas where there is a great that the local aspect of LPFM service FOR FURTHER INFORMATION CONTACT: Julie demand for alternative forms of radio could be diminished by the size of the Barrie, (202) 418–2130, Policy and Rules service. We will not, therefore, impose service area of such stations. Some Division, Mass Media Bureau; 3rd-adjacent channel separation commenters opposing the institution of Engineering Contact: Keith Larson, (202) requirements. To avoid any possibility 1000 watt service argued that 1000 watt 418–2600, Mass Media Bureau. of compromising existing service, given stations present a greater interference SUPPLEMENTARY INFORMATION: This is a the new nature of the LPFM service, we potential than 100 or 10 watt stations. summary of the Commission’s Report will impose separation requirements for We also stated in the NPRM a hope that and Order (‘‘R&O’’), FCC 00–19, low power with respect to full power the largest of the proposed LPFM adopted January 20, 2000; released stations operating on co-, 1st- and 2nd- stations, at 1000 watts, could serve as a January 27, 2000. The full text of the adjacent and intermediate frequency (IF) proving ground and an ‘‘entry’’ Commission’s R&O is available for channels. We believe that the rules we opportunity for new entrants into the inspection and copying during normal are adopting will maintain the integrity full-power broadcasting industry. While business hours in the FCC Dockets of the FM band and preserve the we continue to view this as a Branch (Room TW–A306), 445 12 St. opportunity for a transition to a digital worthwhile goal, we are persuaded by SW, Washington, DC. The complete text radio service in the future, while commenters that establishment of a of this R&O may also be purchased from affording significant opportunities for 1000 watt service would not best fulfill the Commission’s copy contractor, new radio service. our goals at the present time. Our International Transcription Services establishment of a low power radio II. Issue Analysis (202) 857–3800, 1231 20th St., NW, service consisting of two classes Washington, DC 20036. A. Goals operating at maximums of 100 watts and 10 watts will allow licensees to serve Synopsis of Report and Order 3. The Notice of Proposed Rulemaking their local communities, and will permit (NPRM) we adopted on January 28, I. Introduction a greater number of new stations to be 1999, (64 FR 7577, February 16, 1999) authorized, fostering a diversity of new 1. With this Report & Order, we responded to petitions for rule making voices on the airwaves. authorize the licensing of two new and related comments indicating 5. Another goal expressed in the classes of FM radio stations—one substantial interest in, and public NPRM was that any new LPFM service operating at a maximum power of 100 support for, increased citizens’ access to specifically include the voices of watts and one at a maximum power of the airwaves. In the year since we community based schools, churches and 10 watts. Both types of stations, known issued the NPRM, proposing rules civic organizations. In the NPRM, we as low power FM stations (LPFM), will authorizing the operation of new low raised the question of whether the be authorized in a manner that protects power FM radio stations, we have LPFM service should include both existing FM service. They will be received comments and letters from commercial and noncommercial operated on a noncommercial thousands of individuals and groups licensees or whether it should be educational basis by entities that do not seeking licenses for new radio stations. entirely noncommercial. We also hold an attributable interest in any other Many of these comments, which will be proposed that any stations of one to 10 broadcast station or other media subject discussed in greater detail below, watts be exclusively noncommercial, as to our ownership rules. Initially, only included comprehensive engineering we did not see commercial potential in entities located in the communities the studies and valuable suggestions for stations with such limited service areas. stations serve will be eligible to service rules. These comments—from Many of the commenters supporting participate in this service. Even once churches or other religious LPFM strongly supported the this eligibility criterion is relaxed, we organizations, students, labor unions, establishment of an entirely will grant a significant selection community organizations and activists, noncommercial service. We tentatively preference to locally-based applicants. musicians, and other citizens—reflect a concluded that auctions would be
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‘‘instructional programs, programming with an LPFM licensee. Additionally, to commenters propose that current selected by students, bible study, foster the local nature of LPFM service, broadcasters be allowed to apply for cultural programming, in-depth news we are limiting eligibility to local LPFM stations, but that they should be coverage, and children’s programs such entities during the first two years LPFM required to give up their current station as Sesame Street that entertain as they licenses are available. We are also license prior to initiating operations at teach.’’ We have also stated that ‘‘in adopting a significant local ownership the LPFM station. Others propose that order to qualify as an educational preference to be applied in resolving full service station owners not be station, it is not necessary that the mutually exclusive applications. After barred, so long as the LPFM station is proposed programming be exclusively local entities have had an opportunity to in another market. educational.’’ Given the latitude that apply for construction permits, we will 28. Most commenters, however, entities have under our rules to qualify permit applications by qualified non- oppose cross-ownership of full-service as NCEs, we do not believe that limiting local applicants. After the first two stations and LPFM stations. Most eligibility for LPFM licenses to NCEs years, we will permit multiple commenters also support the will unduly limit the range of groups ownership of LPFM stations nationally, Commission’s proposal to prohibit that will be eligible to apply for LPFM but only up to a maximum of 10 LPFM arrangements between full service licenses or the services that they can stations over a phased-in period. broadcasters and LPFM entities, such as provide. 25. Throughout this discussion we joint sales and time brokerage use the term ‘‘community’’ in a manner agreements. 2. Public Safety and Transportation different from our traditional use of the 29. Decision. We will prohibit 21. Background. One appropriate use term. Here, we use the term to refer to common ownership of LPFM and any of LPFM stations is use by public safety the very small area and population other broadcast station, including or transportation organizations. group that will make up the potential translators and low power television Although the NPRM did not specifically service area and audience of an LPFM stations, as well as other media subject raise this issue, a number of station. Given the very small nature of to our ownership rules. See: 47 CFR commenters proposed it. LPFM service contours and prospective 73.3555, 76.501.) Thus, no broadcaster 22. Comments. We received a number audiences, we do not expect LPFM or other media entity, or any party with of comments from public safety and service areas to be coincident with an attributable interest in them, can transportation entities arguing that they traditional political boundaries that we hold any attributable ownership interest would use LPFM stations to serve use to define communities in other in an LPFM licensee. One of the most communities’ need for public safety and contexts, such as our allocations important purposes of establishing this traffic information. process. service is to afford small, community- 23. Decision. The public safety and based organizations an opportunity to transportation commenters propose 1. Cross-Ownership Restrictions communicate over the airwaves and important uses for low power FM 26. Background. In the NPRM, the thus expand diversity of ownership—a stations. LPFM stations could be used Commission tentatively concluded that purpose inconsistent with common by state or local governments or other strict cross-ownership restrictions ownership of LPFM stations and not-for-profit entities to provide traffic, would be appropriate for low power existing broadcast facilities or other weather, and other public safety radio. We proposed to prohibit any media interests. Moreover, many of the information to local communities. The person or entity with an attributable commenters’ remarks favoring cross use of LPFM stations for public safety interest in a broadcast station from ownership are directed to the purposes will further our goal of better having an ownership interest in any establishment of the proposed LP1000 serving local communities. Certain of LPFM station in any market. We sought service. These arguments regarding these entities already hold TIS or other comment on whether the proposed strict efficiencies and economies and broadcast licenses. We emphasize, cross-ownership restrictions would competitive standing for stations that however, that we will not exempt these unnecessarily prevent individuals and might compete commercially, however, licenses from the cross-ownership entities with valuable broadcast are less applicable to noncommercial restrictions, described below, and will experience from contributing to the educational LP100 and LP10 stations. therefore require TIS licensees or other success of the LPFM service. We also Similarly, our own expressed concern public safety or transportation licensees, asked for comment on whether that cross-ownership limits could retard to return their existing licenses upon the broadcasters with an attributable the development of low power radio by initiation of LPFM service. Thus, in interest in broadcasting stations should excluding entities with broadcast addition to noncommercial, educational be allowed to establish an LPFM station experience is less pressing in the organizations, associations or entities as in a community where they do not have absence of commercial 1000 watt described above, public safety radio an attributable broadcast interest. We stations. We conclude that our interest services used by state or local proposed to prohibit joint sales in providing for new voices to speak to governments or not-for-profit agreements, time brokerage agreements, the community, and providing a organizations, as defined in 47 U.S.C. local marketing or management medium for new speakers to gain 309(j)(2)(A), will be eligible for LPFM agreements, and similar arrangements experience in the field, would be best licenses. between full power broadcasters and served by barring cross-ownership low power radio entities. We also between LPFM licensees and existing D. Eligibility and Ownership sought comment on whether the cross- broadcast owners and other media 24. In order to further our diversity ownership restriction should be entities. This prohibition is national and goals and foster local, community-based extended to prevent common ownership absolute in nature, unlike our existing service, we will not allow any of LPFM stations with cable systems, cross-media ownership rules. Thus, for broadcaster or other media entity newspapers, or other mass media. example, a newspaper cannot have an subject to our ownership rules to control 27. Comments. Several commercial attributable interest in any LPFM or to hold an attributable ownership broadcasters, educational broadcasters station, regardless of whether the interest in an LPFM station or enter and individuals propose that cross newspaper and LPFM station are co- broadcast related operating agreements ownership be allowed. Some located. We believe our interest in
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Commissioners. Therefore, we will seek contend that LPFM stations should have expiration date of the preceding license. authority from Congress, through the same eight year license periods This approach will reduce the specific legislation, to delegate granted to full power stations. regulatory burden on LPFM responsibility to the staff for applying 128. Most commenters argue that all broadcasters by affording them the same the point system. Until we receive such LPFM licenses should be renewable. maximum license terms now granted authority, the staff will refer point Commenters also contend that LPFM other broadcasters, and will system proceedings to the Commission licensees should have the same renewal correspondingly reduce the associated for disposition. expectancy as existing broadcasters. burdens on the Commission. We see no 125. Minor Modification of 129. Decision. We will provide LP100 compelling reason to vary from the term Authorized LPFM Stations. We will and LP10 licensees with the same set by Congress for full-power stations. adopt one exception to the window license terms and renewal expectancy as We further note that, while we will filing process to permit the filing at any full-power FM radio stations. authorize eight-year license terms, the time of certain ‘‘minor change’’ Accordingly, licenses will be renewed public may scrutinize station applications. For LP100 stations, a for a term not to exceed eight years from performance and file complaints with minor change may involve a transmitter the date of expiration of the preceding the Commission at any time during the site relocation of less than two license and LPFM licenses will be term of an LPFM license. kilometers. For LP10 stations, a minor renewed, without consideration of 132. The one exception to this rule change may involve a transmitter site competing applicants, if they have met pertains to situations where we grant relocation of less than one kilometer. the renewal standard of section successive license terms under the final Minor change applications may also 309(k)(1) of the Act. Upon considering tiebreaker procedures. These tiebreaker propose a change to an adjacent or IF the comments filed in this proceeding, licenses will not be based on the frequency or, upon a technical showing we find that granting renewable licenses synchronized licensing cycle of of reduced predicted interference, to is consistent with the goals we are § 73.1020. If applicants were granted any other frequency. Similarly, we will seeking to advance with this service. last resort tiebreaker licenses conformed consider as minor any change in Moreover, we believe that nonrenewable to the synchronized schedule, each frequency necessary to resolve actual licenses would discourage licensees licensee, depending on where in the interference. All other changes will be from developing facilities and audiences renewal cycle we were, might receive classified as ‘‘major’’ and subject to our to the fullest extent possible. We authorizations to operate for a very short window filing procedures. Minor therefore will grant, with one exception period of time, e.g., a few months, with change applications also must satisfy described in paragraph 132 below, no opportunity to renew their license. the technical and legal requirements renewable licenses for LPFM stations. 133. We will also extend the renewal applicable to LPFM stations generally. 130. Section 73.1020(a) divides the expectancy provisions of section country into 18 different regions 309(k)(1) of the Act to LPFM licensees. 4. License Terms and Renewals containing one or more states for Providing incumbents with the 126. Background. In the NPRM, we purposes of establishing synchronized likelihood of renewal encourages asked how often and how closely we schedules for radio and television licensees to make investments to ensure should actively monitor, within the licenses. Radio station licenses expired quality service. Upon receiving an parameters of our statutory under this rule in intervals between application for renewal of an LPFM responsibility, the performance of October 1, 1995, and August 1, 1998, license, we will determine whether the LP100 stations in connection with the and those licenses, renewed for eight licensee has served the public interest, license renewal process. We asked years, will expire again between convenience, and necessity; whether whether a pro forma process would September 30, 2003, and July 31, 2006. there have been any serious violations satisfy any statutory requirement, in the We consistently grant initial terms for of the Act or Commission rules; and absence of specific public complaint. all new broadcast authorizations to fit whether there have been any serious We also asked for comment on whether into this synchronized schedule, violations that, taken together, would stations other than LP1000 stations although it means initial terms are constitute a pattern of abuse. Only if should be authorized for finite, usually for a period of less than eight incumbent LPFM licensees fail to meet nonrenewable periods, such as five or years. these requirements will other applicants eight years, to create additional 131. We adopt these synchronized be eligible to apply for the same license. opportunities for new entrants in the schedules for LPFM licenses because As noted, an exception is where the LPFM service. We explained that maintaining the predictability, license is held for successive terms as a making broadcast outlets available to administrative efficiencies, public result of the final tiebreaker procedure. more speakers is a fundamental premise awareness, and fairness inherent in the Such licenses will be nonrenewable. of this rulemaking effort, and that we existing synchronized schedule of did not expect that such a limitation license cycles serves the public interest. 5. Transferability would discourage the very modest Accordingly, an initial LPFM license 134. Background. In the NPRM, we investment required to build such a granted within any renewal period set noted that some commenters urged us to station. We sought comment on whether forth in § 73.1020 of our rules will be restrict the sale of LPFM stations to the disruption of service to the public assigned the expiration date assigned to deter the filing of speculative that non-renewability would involve those full-power FM stations licensed in applications and trafficking in outweighed the potential benefits of the same region during the same construction permits. We stated our making this service available to more licensing cycle. Because of the cyclical belief that, in light of the limits we speakers on a consecutive basis. nature of this process, granting initial proposed on ownership of LPFM 127. Comments. Commenters propose full eight-year license terms in the stations, we did not believe that it was a variety of LPFM license terms and the middle of a licensing cycle could necessary to restrict the sale of any class majority argue that LPFM licenses undermine the synchronization of the of LPFM station. We invited should be renewable. Commenters whole process. Like full-power licenses, commenters to address this issue, suggest license terms of one, two, four, LPFM licenses may then be renewed for including whether restrictions on sales five, and seven years. Other commenters a term not to exceed eight years from the would be advisable if the Commission
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Proposed Rulemaking (NPRM). The independently owned and operated and and other compliance requirements as Commission sought written public is not dominant in its field.’’ full power radio broadcasters. comment on the proposals in the NPRM, Nationwide, as of 1992, there were Steps Taken To Minimize Significant including comment on the IRFA. No approximately 275,801 small Economic Impact on Small Entities, and comments were received in response to organizations. ‘‘Small governmental Significant Alternatives Considered the IRFA. This present Final Regulatory jurisdiction’’ generally means Flexibility Analysis (FRFA) conforms to ‘‘governments of cities, counties, towns, 180. The RFA requires agencies to the RFA. townships, villages, school districts, or describe any significant alternatives that special districts, with a population of it has considered in reaching its Need for and Objectives of the Report less than 50,000.’’ The Census Bureau proposed approach, which may include and Order estimates that this ratio is the following four alternatives: (1) The 173. The Commission received approximately accurate for all establishment of differing compliance or petitions for rulemaking asking for the governmental entities. Thus, of the reporting requirements or timetables creation of a low power radio service. 85,006 governmental entities, we that take into account the resources Because they raised similar or identical estimate that 81,600 (91 per cent) are available to small entities; (2) the issues, the Commission coordinated its small entities. clarification, consolidation, or responses to them. The Commission 177. The Small Business simplification of compliance or released public notices of its receipt of Administration defines a radio reporting requirements under the rule three of the proposals and invited broadcasting station that has $5 million for small entities; (3) the use of public comment on them. In response to or less in annual receipts as a small performance rather than design significant public support, the business. A radio broadcasting station is standards; and (4) an exemption from Commission released the NPRM to an establishment primarily engaged in coverage of the rule, or any part thereof, propose a new, low power FM service. broadcasting aural programs by radio to for small entities. 174. In the Report and Order, the the public. Included in this industry are 181. The LP100 and LP10 services are Commission is adopting a 100-watt class commercial, religious, educational, and likely to create significant opportunities (LP100) and a 10-watt class (LP10). other radio stations. The 1992 Census for new small businesses. In addition, Because of the predicted lower indicates that 96 percent (5,861 of the Commission has taken steps to construction and operational costs of 6,127) radio station establishments minimize the impact on existing small LPFM stations as opposed to full power produced less than $5 million in broadcasters. facilities, we expect that small entities revenue in 1992. Official Commission 182. Creating New Opportunities for would be expected to have few records indicate that 11,334 individual Small Businesses. The Report and Order economic obstacles to becoming LPFM radio stations were operating in 1992. adopts a number of rules designed to licensees. Therefore, this new service As of December 31, 1998, Commission help small businesses obtain and retain may serve as a vehicle for small entities records indicate that 12,615 radio LP100 and LP10 licenses. These include and under-represented groups stations were operating, of which 7,832 ownership rules, and exemptions from (including women and minorities) to were FM stations. mandatory electronic filing and main gain valuable broadcast experience and 178. The rules will apply to a new studio requirements. to add their voices to their local category of FM radio broadcasting 183. The Report and Order adopts communities. service. It is not known how many ownership rules to assist small entities entities that may seek to obtain a low acquire or construct LPFM stations. Summary of Significant Issues Raised power radio license. Nor do we know Parties with attributable interests in any by Public Comments in Response to the how many of these entities will be small full power broadcast facilities are not IRFA entities. We note, however, that in the eligible to have any ownership interest 175. No comments were received in year since we issued the NPRM, the in any low power radio stations; this response to the IRFA. Commission’s LPFM website has prevents large group owners (or even received approximately 100,000 hits, large single-station owners) from Description and Estimate of the Number demonstrating the interest of constructing and operating LPFM of Small Entities to Which Rules Will individuals and groups in operating facilities that might otherwise be Apply such a facility. In addition, we expect available to small entities. The local and 176. The RFA directs agencies to that, due to the small size of low power national ownership restrictions of one provide a description of and, where FM stations, small entities would station per community and, initially, feasible, an estimate of the number of generally have a greater interest than one station, and ultimately, 10 stations, small entities that will be affected by the large ones in acquiring them. nationwide are intended to ensure that rules. The RFA generally defines the ample LPFM stations are available for term ‘‘small entity’’ as having the same Description of Projected Reporting, small entities. However, the ownership meaning as the terms ‘‘small business,’’ Recordkeeping, and Other Compliance rules also prohibit small entity full ‘‘small organization,’’ and ‘‘small Requirements power broadcasters from acquiring governmental jurisdiction.’’ In addition, 179. The Commission is creating a LPFM licenses. the term ‘‘small business’’ has the same new broadcasting service that may allow 184. The Report and Order also meaning as the term ‘‘small business hundreds or thousands of small entities modifies the application of some of our concern’’ under the Small Business Act. to become broadcast licensees for the programming and service requirements A small business concern is one which: first time. This endeavor will require the for LPFM stations. Full power and (1) Is independently owned and collection of information for the LPFM stations alike are required to operated; (2) is not dominant in its field purposes of processing applications for maintain a public file that includes their of operation; and (3) satisfies any (among other things) initial construction authorizations, issues and programming additional criteria established by the permits, assignments and transfers, and lists, and political files. However, unlike Small Business Administration (SBA). A renewals. We will also require lower full power stations which must create small organization is generally ‘‘any not- power radio stations to comply with quarterly issues and programming lists for-profit enterprise which is some of the reporting, recordkeeping, and maintain a main studio with a staff
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TIMETABLEÐBROADCAST STATIONS
FM Class 1 Requirement AM&FM TV D LPTV LPFM
Two-tone encoder 23 ...... Y Y N N N Two-tone decoder 45 ...... YYYYN EAS decoder ...... Y 1/1/97 Y 1/1/97 Y 1/1/97 Y 1/197 Y EAS encoder ...... Y 1/1/97 Y 1/1/97NNN Audio message ...... Y 1/1/97 Y 1/1/97 Y 1/1/97 Y 1/1/97 Y Video message ...... NA Y 1/1/97 N/A Y 1/1/97 N/A 1 LPTV stations that operate as television broadcast translator stations are exempt from the requirement to have EAS equipment. 2 Effective July 1, 1995, the two-tone signal must be 8±25 seconds. 3 Effective January 1, 1998, the two-tone signal may only be used to provide audio alerts to audiences before EAS emergency messages and the required monthly tests. 4 Effective July 1, 1995, the two-tone decoder must respond to two-tone signals of 3±4 seconds duration. 5 Effective January 1, 1998, the two-tone decoder will no longer be used.
* * * * * 4. Section 11.51 (e) is revised to read and 73.853 of this chapter, and low (b) Class D noncommercial as follows: power TV (LPTV) stations as defined in educational FM stations as defined in § 74.701(f) of this chapter are not § 11.51 EAS code and Attention Signal required to have equipment capable of § 73.506, LPFM stations as defined in Transmission requirements. §§ 73.811 and 73.853, and LPTV stations generating the EAS codes and Attention * * * * * Signal specified in § 11.31. as defined in § 74.701(f) are not required (e) Class D non-commercial * * * * * to comply with § 11.32. * * * educational FM stations as defined in * * * * * § 73.506 of this chapter, Low Power FM 5. Section 11.53(a)(3) is revised to (LPFM) stations as defined in §§ 73.811 read as follows:
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§ 11.53 Dissemination of Emergency noncommercial educational FM station 73.853 Licensing requirements and service. Action Notification. and LPFM station licensed for 73.854 Unlicensed operations. (a) * * * transmitter power output above 10 watts 73.855 Ownership limits. (3) Wire services to all subscribers must be designed, constructed and 73.858 Attribution of LPFM station (AM, FM, low power FM (LPFM), TV, interests. operated in accordance with § 73.317. 73.860 Cross-ownership. LPTV and other stations). (c) The transmitter and associated 73.865 Assignment and transfer of LPFM * * * * * transmitting equipment of each authorizations. 6. Section 11.61 is amended by noncommercial educational FM station 73.870 Processing of LPFM broadcast revising the last sentence of paragraph licensed for transmitter power output of station applications. (a)(1)(v) and revising paragraph 10 watts or less, although not required 73.872 Selection procedure for mutually (a)(2)(iii) to read as follows: to meet all requirements of § 73.317, exclusive LPFM applications. must be constructed with the safety 73.873 LPFM license period. § 11.61 Tests of EAS procedures. provisions of the current national 73.875 Modification of transmission (a) * * * electrical code as approved by the systems. (1) * * * 73.877 Station logs for LPFM stations. American National Standards Institute. 73.878 Station inspections by FCC; (v) * * * Class D non-commercial These stations must be operated, tuned, educational FM, LPFM and LPTV availability to FCC of station logs and and adjusted so that emissions are not records. stations are required to transmit only radiated outside the authorized band 73.879 Signal retransmission. the test script. causing or which are capable of causing 73.881 Equal employment opportunities. (2) * * * interference to the communications of (iii) Class D non-commercial other stations. The audio distortion, § 73.801 Broadcast regulations applicable to LPFM stations. educational FM, LPFM and LPTV audio frequency range, carrier hum, stations are not required to transmit this noise level, and other essential phases The following rules are applicable to test but must log receipt. of the operation which control the LPFM stations: * * * * * external effects, must be at all times Section 73.201 Numerical definition of FM capable of providing satisfactory broadcast channels. PART 73ÐRADIO BROADCAST broadcast service. Studio equipment Section 73.220 Restrictions on use of SERVICES properly covered by an underwriter’s channels. Section 73.267 Determining operating 1. The authority citation for part 73 certificate will be considered as satisfying safety requirements. power. continues to read as follows: Section 73.277 Permissible transmissions. 4. Section 73.514 is added to read as Authority: (47 U.S.C. 154, 303, 334, 336.) Section 73.297 FM stereophonic sound follows: broadcasting. 2. Section 73.209 is amended by Section 73.310 FM technical definitions. adding paragraph (c) to read, as follows: § 73.514 Protection from interference. Section 73.312 Topographic data. Permittees and licensees of NCE FM § 73.209 Protection from interference. Section 73.318 FM blanketing interference. stations are not protected from Section 73.322 FM stereophonic sound * * * * * interference which may be created by transmission standards. (c) Permittees and licensees of FM the grant of a new LPFM station or of Section 73.333 Engineering charts. stations are not protected from authority to modify an existing LPFM Section 73.503 Licensing requirements and interference which may be created by station, except in instances where the service. the grant of a new LPFM station or of NCE FM station would receive Section 73.508 Standards of good authority to modify an existing LPFM engineering practice. interference from an LPFM station Section 73.593 Subsidiary communications station, except in instances where the within the 3.16 mV/m (70 dBu) contour. FM station would receive predicted services. 5. Subpart G of part 73 is revised to Section 73.1015 Truthful written statements interference from an LPFM station read as follows: and responses to Commission inquiries within the FM station’s 3.16 mV/m (70 and correspondence. dBu) contour. Subpart GÐLow Power FM Broadcast Section 73.1030 Notifications concerning 3. Section 73.508 is revised to read as Stations (LPFM) interference to radio astronomy, research follows: and receiving installations. Sec. Section 73.1201 Station identification. § 73.508 Standards of good engineering 73.801 Broadcast regulations applicable to Section 73.1206 Broadcast of telephone practice. LPFM stations. conversations. (a) All noncommercial educational 73.805 Availability of channels. Section 73.1207 Rebroadcasts. stations and LPFM stations operating 73.807 Minimum distance separation Section 73.1208 Broadcast of taped, filmed, with more than 10 watts transmitter between stations. or recorded material. 73.808 Distance computations. Section 73.1210 TV/FM dual-language power output shall be subject to all of 73.809 Interference protection to full broadcasting in Puerto Rico. the provisions of the FM Technical service FM stations. Section 73.1211 Broadcast of lottery Standards contained in subpart B of this 73.811 LPFM power and antenna height information. part. Class D educational stations and requirements. Section 73.1212 Sponsorship identification; LPFM stations operating with 10 watts 73.812 Rounding of power and antenna list retention; related requirements. or less transmitter output power shall be heights. Section 73.1213 Antenna structure, marking subject to the definitions contained in 73.813 Determination of antenna height and lighting. § 73.310, and also to those other above average terrain (HAAT). Section 73.1216 Licensee-conducted provisions of the FM Technical 73.816 Antennas. contests. 73.825 Protection to Reception of TV Section 73.1217 Broadcast hoaxes. Standards which are specifically made Channel 6. Section 73.1230 Posting of station license. applicable to them by the provisions of 73.840 Operating power and mode Section 73.1250 Broadcasting emergency this subpart. tolerances. information. (b) The transmitter and associated 73.845 Transmission system operation. Section 73.1300 Unattended station transmitting equipment of each 73.850 Operating schedule. operation.
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Section 73.1400 Transmission system Section 73.3525 Agreements for removing § 73.807 Minimum distance separation monitoring and control. application conflicts. between stations. Section 73.1520 Operation for tests and Section 73.3539 Application for renewal of maintenance. license. Minimum separation requirements for Section 73.1540 Carrier frequency Section 73.3542 Application for emergency LP100 and LP10 stations, as defined in measurements. authorization. § 73.811 and § 73.853 of this part, are Section 73.1545 Carrier frequency Section 73.3545 Application for permit to listed in the following paragraphs. An departure tolerances. deliver programs to foreign stations. LPFM station will not be authorized Section 73.1570 Modulation levels: AM, Section 73.3550 Requests for new or FM, and TV aural. modified call sign assignments. unless these separations are met. Section 73.1580 Transmission system Section 73.3561 Staff consideration of Minimum distances for co-channel and inspections. applications requiring Commission first-adjacent channel are separated into Section 73.1610 Equipment tests. consideration. two columns. The left-hand column lists Section 73.1620 Program tests. Section 73.3562 Staff consideration of the required minimum separation to applications not requiring action by the Section 73.1650 International agreements. protect other stations and the right-hand Section 73.1660 Acceptability of broadcast Commission. transmitters. Section 73.3566 Defective applications. column lists (for informational purposes Section 73.1665 Main transmitters. Section 73.3568 Dismissal of applications. only) the minimum distance necessary Section 73.1692 Broadcast station Section 73.3584 Procedure for filing for the LPFM station to receive no construction near or installation on an petitions to deny. interference from other stations. For AM broadcast tower. Section 73.3587 Procedure for filing informal objections. second-adjacent channels and IF Section 73.1745 Unauthorized operation. channels, the required minimum Section 73.1750 Discontinuance of Section 73.3588 Dismissal of petitions to operation. deny or withdrawal of informal distance separation is sufficient to avoid Section 73.1920 Personal attacks. objections. interference received from other Section 73.1940 Legally qualified Section 73.3589 Threats to file petitions to stations. deny or informal objections. candidates for public office. (a) An LP100 station will not be Section 73.1941 Equal opportunities. Section 73.3591 Grants without hearing. Section 73.1943 Political file. Section 73.3593 Designation for hearing. authorized initially unless the minimum Section 73.1944 Reasonable access. Section 73.3598 Period of construction. distance separations in the following Section 73.3511 Applications required. Section 73.3599 Forfeiture of construction table are met with respect to authorized Section 73.3512 Where to file; number of permit. FM stations, timely filed applications copies. Section 73.3999 Enforcement of 18 U.S.C. 1464—restrictions on the transmission of for new and existing FM stations, Section 73.3513 Signing of applications. authorized LP100 stations, LP100 Section 73.3514 Content of applications. obscene and indecent material. station applications that were timely- Section 73.3516 Specification of facilities. § 73.805 Availability of channels. Section 73.3517 Contingent applications. filed within a previous window, and Section 73.3518 Inconsistent or conflicting Except as provided in § 73.220 of this vacant FM allotments. LP100 stations applications. chapter, all of the frequencies listed in are not required to protect LP10 Section 73.3519 Repetitious applications. § 73.201 of this chapter are available for stations. Section 73.3520 Multiple applications. LPFM stations.
Co-channel minimum separation First-adjacent channel minimum Second-adja- (km) separation (km) cent channel I.F . Channel Station class minimum minimum protected by LP100 For no For no separation separations Required interference Required interference (km) 10.6 or 10.8 received received required MHz
LP100 ...... 24 24 14 14 (1)(1) D ...... 24 24 13 13 6 4 A ...... 67 92 56 56 29 7 B1 ...... 87 119 74 74 46 9 B ...... 112 143 97 97 67 12 C3 ...... 78 119 67 67 40 9 C2 ...... 91 143 80 84 53 12 C1 ...... 111 178 100 111 73 20 C ...... 130 203 120 142 93 28 1 None. (b) An LP10 station will not be authorized unless the minimum distance separations are met with respect to authorized FM stations, timely-filed applications for new and existing FM stations, vacant FM allotments, or LPFM stations.
Co-channel minimum separation First-adjacent channel minimum Second-adja- (km) separation (km) cent channel I.F . Channel Station class minimum minimum protected by LP10 For no for no separation separations Required interference required interference (km) 10.6 or 10.8 received received required MHz
LP100 ...... 16 22 10 11 (1)(1) LP10 ...... 13 13 8 8 (1)(1) D ...... 16 21 10 11 6 2 A ...... 59 90 53 53 29 5 B1 ...... 77 117 70 70 45 8 B ...... 99 141 91 91 66 11 C3 ...... 69 117 64 64 39 8
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Co-channel minimum separation First-adjacent channel minimum Second-adja- (km) separation (km) cent channel I.F . Channel Station class minimum minimum protected by LP10 For no for no separation separations Required interference required interference (km) 10.6 or 10.8 received received required MHz
C2 ...... 82 141 77 81 52 11 C1 ...... 103 175 97 108 73 18 C ...... 122 201 116 140 92 26 1 None. (c) In addition to meeting or exceeding the minimum separations for Class LP100 and Class LP10 stations in paragraphs (a) and (b) of this section, new LP100 and LP10 stations will not be authorized in Puerto Rico or the Virgin Islands unless the minimum distance separations are met with respect to authorized or proposed FM stations:
(1) LP100 STATIONS IN PUERTO RICO AND THE VIRGIN ISLANDS
Co-channel minimum separation First-adjacent channel minimum Second-adja- (km) separation (km) cent channel I.F . Channel Station class minimum minimum protected by LP100 For no For no separation separations Required interference required interference (km) 10.6 or 10.8 received received Required MHz
A ...... 80 111 70 70 42 9 B1 ...... 95 128 82 82 53 11 B ...... 138 179 123 123 92 20
(2) LP10 Stations in Puerto Rico and the Virgin Islands:
Co-channel minimum separation First-adjacent channel minimum Second-adja- (km) separation (km) cent channel I.F . Channel minimum minimum Station class protected by LP10 For no For no separation separations Required interference Required interference (km) 10.6 or 10.8 received received required MHz
A ...... 72 108 66 66 42 8 B1 ...... 84 125 78 78 53 9 B ...... 126 177 118 118 92 18
Note to paragraphs (a), (b), and (c): result in a 60 dBu contour that exceeds 39 (d) In addition to meeting the Minimum distance separations towards kilometers but is less than 52 kilometers separations (a) through (c), LPFM ‘‘grandfathered’’ superpowered Reserved would be protected by the Class B minimum applications must meet the minimum Band stations, are as specified. Full service distance separations. Class D stations with 60 FM stations operating within the reserved dBu contours that exceed 5 kilometers will separation requirements with respect to band (Channels 201–220) with facilities in be protected by the Class A minimum authorized FM translator stations, cutoff excess of those permitted in § 73.211(b)(1) or distance separations. Class B stations with 60 FM translator applications, and FM § 73.211(b)(3) shall be protected by LPFM dBu contours that exceed 52 kilometers will translator applications filed prior to the stations in accordance with the minimum be protected as Class C1 or Class C stations release of the Public Notice announcing distance separations for the nearest class as depending upon the distance to the 60 dBu the LPFM window period: determined under § 73.211. For example, a contour. No stations will be protected beyond Class B1 station operating with facilities that Class C separations. (1) LP100 stations:
Co-channel minimum separation First-adjacent channel minimum (km) separation (km) Second-adja- I.F . Channel Distance to FM translator 60 dBu cent channel minimum contour For no For no minimum separation (km) Required interference required interference separation (km) 10.6 or 10.8 received received required MHz
13.3 km or greater ...... 39 67 28 35 21 5 Greater than 7.3 km, but less than 13.3 km ...... 32 51 21 26 14 5 7.3 km or less ...... 26 30 15 16 8 5
(2) LP10 Stations:
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Co-channel minimum separation First-adjacent channel minimum (km) separation (km) Second-adja- I.F . Channel Distance to FM translator 60 dBu cent channel minimum contour For no For no minimum separation (km) Required interference required interference separation (km) 10.6 or 10.8 received received required MHz
13.3 km or greater ...... 30 65 25 33 20 3 Greater than 7.3 km, but less than 13.3 km ...... 24 49 18 23 14 3 7.3 km or less ...... 18 28 12 14 8 3
(e) Existing Class LP100 and LP10 stations which do not meet the separations in paragraphs (a) through (e) of this section may be relocated provided that the separation to any short-spaced station is not reduced. (f) Commercial and noncommercial educational stations authorized under subparts B and C of this part, as well as new or modified commercial FM allotments, are not required to adhere to the separations specified in this rule section, even where new or increased interference would be created. (g) International considerations within the border zones. (1) Within 320 km of the Canadian border, LP100 stations must meet the following minimum separations with respect to any Canadian stations:
First- Second- Third- Intermediate Canadian station class Co-channel (km) adjacent adjacent adjacent frequency channel (km) channel (km) channel (km) (IF) channel (km)
A1 ...... 45 30 21 20 4 A ...... 66 50 41 40 7 B1 ...... 78 62 53 52 9 B ...... 92 76 68 66 12 C1 ...... 113 98 89 88 19 C ...... 118 106 99 98 28
(2) Within 320 km of the Mexican border, LP100 stations must meet the following separations with respect to any Mexican stations:
First- Second-/third- Intermediate Mexican station class Co-channel (km) adjacent adjacent frequency (IF) channel (km) channel (km) channel (km)
A ...... 43 32 25 5 AA ...... 47 36 29 6 B1 ...... 67 54 45 8 B ...... 91 76 66 11 C1 ...... 91 80 73 19 C ...... 110 100 92 27
(3) Within 320 km of the Canadian border, LP10 stations must meet the following minimum separations with respect to any Canadian stations:
First- Second- Third- Intermediate Canadian station class Co-channel (km) adjacent adjacent adjacent frequency (IF) channel (km) channel (km) channel (km) channel (km)
A1 ...... 33 25 23 19 3 A ...... 53 45 43 39 5 B1 ...... 65 57 55 51 8 B ...... 79 71 70 66 11 C1 ...... 101 93 91 87 18 C ...... 108 102 100 97 26
(4) Within 320 km of the Mexican border, LP10 stations must meet the following separations with respect to any Mexican stations:
First- Second-/third- Intermediate Mexican station class Co-channel (km) adjacent adjacent frequency (IF) channel (km) channel (km) channel (km)
A ...... 34 29 24 5 AA ...... 39 33 29 5 B1 ...... 57 50 45 8 B ...... 79 71 66 11 C1 ...... 83 77 73 18 C ...... 102 96 92 26
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(5) The Commission will notify the (c) Complaints of actual interference ERP less than one watt be authorized. International Telecommunications by an LPFM station subject to paragraph No facility will be authorized in excess Union (ITU) of any LPFM authorizations (b) within the 3.16 mV/m contour of a of one watt ERP at 450 meters HAAT. in the US Virgin Islands. Any commercial or NCE FM station must be (2) Minimum facilities. LP100 stations authorization issued for a US Virgin served on the LPFM licensee and the may not operate with facilities less than Islands LPFM station will include a Federal Communications Commission, 50 watts ERP at 30 meters HAAT or the condition that permits the Commission attention Audio Services Division. The equivalent necessary to produce a 60 to modify, suspend or terminate without LPFM station must suspend operations dBu contour that extends at least 4.7 right to a hearing if found by the within twenty-four hours of the receipt kilometers. Commission to be necessary to conform of such complaint unless the (b) LP10 stations: (1) Maximum to any international regulations or interference has been resolved to the Facilities. LP10 stations will be agreements. satisfaction of the complainant on the authorized to operate with maximum (6) The Commission may, at its basis of suitable techniques. An LPFM option, initiate international facilities of 10 watts ERP at 30 meters station may only resume operations at HAAT. An LP10 station with a HAAT coordination of a LPFM proposal even the direction of the Federal where the above Canadian and Mexican that exceeds 30 meters will not be Communications Commission. If the permitted to operate with an ERP greater spacing tables are met, if it appears that Commission determines that the such coordination is necessary to than that which would result in a 60 complainant has refused to permit the dBu contour of 3.2 kilometers. In no maintain compliance with international LPFM station to apply remedial agreements. event will an ERP less than one watt be techniques that demonstrably will authorized. No facility will be § 73.808 Distance computations. eliminate the interference without authorized in excess of one watt ERP at For the purposes of determining impairment of the original reception, 100 meters HAAT. the licensee of the LPFM station is compliance with any LPFM distance (2) Minimum Facilities. LP10 stations requirements, distances shall be absolved of further responsibility. (d) It shall be the responsibility of the may not operate with less than one watt calculated in accordance with ERP. § 73.208(c) of this part. licensee of an LPFM station to correct any condition of interference that § 73.812 Rounding of power and antenna § 73.809 Interference protection to full results from the radiation of radio heights. service FM stations. frequency energy outside its assigned (a) Effective radiated power (ERP) will (a) It shall be the responsibility of the channel. Upon notice by the FCC to the be rounded to the nearest watt on LPFM licensee of an LPFM station to correct at station licensee or operator that such authorizations. its expense any condition of interference is caused by spurious interference to the direct reception of emissions of the station, operation of the (b) Antenna radiation center, antenna the signal of any subsequently station shall be immediately suspended height above average terrain (HAAT), authorized commercial or NCE FM and not resumed until the interference and antenna supporting structure height station that operates on the same has been eliminated. However, short test will all be rounded to the nearest meter channel, first-adjacent channel, second- transmissions may be made during the on LPFM authorizations. adjacent channel or intermediate period of suspended operation to check § 73.813 Determination of antenna height frequency (IF) channels as the LPFM the efficacy of remedial measures. above average terrain (HAAT). station, where interference is predicted (e) In each instance where suspension to occur and actually occurs within the of operation is required, the licensee HAAT determinations for LPFM 3.16 mV/m (70 dBu) contour of such shall submit a full report to the FCC in stations will be made in accordance stations. Predicted interference within Washington, DC, after operation is with the procedure detailed in this contour shall be calculated in resumed, containing details of the § 73.313(d) of this part. accordance with the ratios set forth in nature of the interference, the source of § 73.816 Antennas. § 73.215(a)(1) and (2) of this part. Actual the interfering signals, and the remedial interference will be considered to occur steps taken to eliminate the interference. (a) Directional antennas will not be whenever reception of a regularly used authorized in the LPFM service. signal is impaired by the signals § 73.811 LPFM power and antenna height (b) Permittees and licensees may radiated by the LPFM station. requirements. employ nondirectional antennas with (b) An LPFM station will be provided (a) LP100 stations: (1) Maximum horizontal only polarization, vertical an opportunity to demonstrate in facilities. LP100 stations will be only polarization, circular polarization connection with the procession of the authorized to operate with maximum or elliptical polarization. commercial or NCE FM application that facilities of 100 watts effective radiated interference with the 3.16 mV/m power (ERP) at 30 meters antenna height § 73.825 Protection to Reception of TV contour of such station is unlikely. If the above average terrain (HAAT). An Channel 6. LPFM station fails to so demonstrate, it LP100 station with a HAAT that exceeds LPFM stations will be authorized on will be required to cease operations 30 meters will not be permitted to Channels 201 through 220 only if the upon the commencement of program operate with an ERP greater than that pertinent minimum separation distances tests by the commercial or NCE FM which would result in a 60 dBu contour are met with respect to all TV Channel station. of 5.6 kilometers. In no event will an 6 stations.
Class LP100 to FM Channel No. TV Channel 6 Class LP10 to TV (km) Channel 6 (km)
201 ...... 219 171 202 ...... 204 162 203 ...... 188 156
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Class LP100 to FM Channel No. TV Channel 6 Class LP10 to TV (km) Channel 6 (km)
204 ...... 179 153 205 ...... 167 149 206 ...... 156 143 207 ...... 151 141 208 ...... 151 141 209 ...... 151 141 210 ...... 151 141 211 ...... 151 141 212 ...... 149 140 213 ...... 147 139 214 ...... 145 138 215 ...... 143 137 216 ...... 142 136 217 ...... 142 136 218 ...... 139 134 219 ...... 137 134 220 ...... 136 133
§ 73.840 Operating power and mode designated on the official school other entities, in the unlicensed tolerances. calendar as vacation or recess periods. operation of any station in violation of The transmitter power output (TPO) section 301 of the Communications Act § 73.853 Licensing requirements and of 1934, as amended, 47 U.S.C. 301. of an LPFM station must be determined service. by the procedures set forth in § 73.267 (b) To the extent the applicant or any (a) An LPFM station may be licensed of this part. The operating TPO of an party to the application has engaged in only to: LPFM station with an authorized TPO of any manner, individually or with other (1) Nonprofit educational more than ten watts must be maintained persons, groups, organizations or other organizations and upon a showing that as near as practicable to its authorized entities, in the unlicensed operation of the proposed station will be used for the TPO and may not be less than 90% of a station in violation of section 301 of advancement of an educational the minimum TPO nor greater than the Communications Act of 1934, as program; and 105% of the maximum authorized TPO. amended, 47 U.S.C. 301, such an (2) State and local governments and engagement: An LPFM station with an authorized non-government entities that will TPO of ten watts or less may operate (1) Ceased voluntarily no later than provide non-commercial public safety February 26, 1999, without direction with less than the authorized power, but radio services. not more than 105% of the authorized from the FCC to do so; or (b) Only local applicants will be (2) Ceased operation within 24 hours power. permitted to submit applications for a of being directed by the FCC to § 73.845 Transmission system operation. period of two years from the date that terminate unlicensed operation of any LP100 and LP10 stations, respectively, Each LPFM licensee is responsible for station. are first made available for application. maintaining and operating its broadcast For the purposes of this paragraph, an § 73.855 Ownership limits. station in a manner that complies with applicant will be deemed local if it can (a) No authorization for an LPFM the technical rules set forth elsewhere in certify that: station shall be granted to any party if this part and in accordance with the (1) The applicant, its local chapter or the grant of that authorization will terms of the station authorization. In the branch is physically headquartered or result in any such party holding an event that an LPFM station is operating has a campus within 16.1 km (10 miles) attributable interest in two LPFM in a manner that is not in compliance of the proposed site for the transmitting stations separated by less than 12 km (7 with the technical rules set forth antenna; miles). elsewhere in this part or the terms of the (2) It has 75% of its board members (b) Nationwide ownership limits will station authorization, broadcast residing within 16.1 km (10 miles) of be phased in according to the following operation must be terminated within the proposed site for the transmitting schedule: three hours. antenna; or (1) For a period of two years from the § 73.850 Operating schedule. (3) In the case of any applicant date that the LPFM stations are first proposing a public safety radio service, made available for application, a party (a) All LPFM stations will be licensed the applicant has jurisdiction within the may hold an attributable interest in no for unlimited time operation, except service area of the proposed LPFM more than one LPFM station. those stations operating under a time station. (2) For the period between two and sharing agreement pursuant to § 73.872. three years from the date that the initial (b) All LPFM stations are required to § 73.854 Unlicensed operations. filing window opens for LPFM operate at least 36 hours per week, No application for an LPFM station applications, a party may hold an consisting of at least 5 hours of may be granted unless the applicant attributable interest in no more than five operation per day on at least 6 days of certifies, under penalty of perjury, to LPFM stations. the week; however, stations licensed to one of the following statements: (3) After three years from the date that educational institutions are not required (a) Neither the applicant, nor any the initial filing window opens for to operate on Saturday or Sunday or to party to the application, has engaged in LPFM stations, a party may hold an observe the minimum operating any manner including individually or attributable interest in no more than ten requirements during those days with persons, groups, organizations or stations.
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§ 73.858 Attribution of LPFM station accomplished by written notification by § 73.872 Selection procedure for mutually interests. the licensee to the Commission. exclusive LPFM applications. Ownership and other interests in (a) Following the close of each LPFM station permittees and licensees § 73.870 Processing of LPFM broadcast window for new LPFM stations and for station applications. will be attributed to their holders and modifications in the facilities of deemed cognizable for the purposes of (a) A minor change for an LP100 authorized LPFM stations, the §§ 73.855 and 73.860, in accordance station authorized under this subpart is Commission will issue a public notice with the provisions of § 73.3555, subject limited to transmitter relocations of less identifying all groups of mutually to the following exceptions: than two kilometers. A minor change for exclusive applications. Such (a) A director of an entity that holds an LP10 station authorized under this applications will be awarded points to an LPFM license will not have such subpart cannot is limited to transmitter determine the tentative selectee. Unless interest treated as attributable if such site relocations of less than one resolved by settlement pursuant to director also holds an attributable kilometer. Minor changes of LPFM paragraph (e) of this section, the interest in a broadcast licensee or other stations may include changes in tentative selectee will be the applicant media entity but recuses himself or frequency to adjacent or IF frequencies, within each group with the highest herself from any matters affecting the or, upon a technical showing of reduced point total under the procedure set forth LPFM station. interference, to any frequency. in this section, except as provided in (b) The Commission will specify by (b) A local chapter of a national or paragraphs (c) and (d) of this section . Public Notice a window filing period for other large organization shall not have (b) Each mutually exclusive applications for new LPFM stations and the attributable interests of the national application will be awarded one point major modifications in the facilities of organization attributed to it provided for each of the following criteria, based authorized LPFM stations. LPFM that the local chapter is separately on application certification that the applications for new facilities and for incorporated and has a distinct local qualifying conditions are met: major modifications in authorized presence and mission. (1) Established community presence. (c) A parent or subsidiary of a LPFM LPFM stations will be accepted only An applicant must, for a period of at licensee or permittee that is a non-stock during the appropriate window. least two years prior to application, corporation will be treated as having an Applications submitted prior to the have been physically headquartered, attributable interest in such corporation. window opening date identified in the have had a campus, or have had The officers, directors, and members of Public Notice will be returned as seventy-five percent of its board a non-stock corporation’s governing premature. Applications submitted after members residing within 10 miles of the body and of any parent or subsidiary the deadline will be dismissed with coordinates of the proposed transmitting entity will have such positional prejudice as untimely. antenna. Applicants claiming a point for (c) Applications subject to paragraph interests attributed to them. this criterion must submit the (b) of this section that fail to meet the documentation set forth in the § 73.860 Cross-ownership. § 73.807 minimum distance separations, application form at the time of filing (a) No license for an LPFM station other than to LPFM station facilities their applications. shall be granted to any party if the grant proposed in applications filed in the (2) Proposed operating hours. The of such authorization will result in the same window, will be dismissed applicant must pledge to operate at least same party holding an attributable without any opportunity to amend such 12 hours per day. interest in any other non-LPFM applications. (3) Local program origination. The broadcast station, including any FM (d) Following the close of the applicant must pledge to originate translator or low power television window, the Commission will issue a locally at least eight hours of station, or any other media subject to Public Notice of acceptance for filing of programming per day. For purposes of broadcast ownership restrictions. applications submitted pursuant to this criterion, local origination is the (b) A party with an attributable paragraph (b) of this section that meet production of programming within 10 interest in a broadcast radio station technical and legal requirements and miles of the coordinates of the proposed must divest such interest prior to the that are not in conflict with any other transmitting antenna. commencement of operations of an application filed during the window. (c) Voluntary time-sharing. If LPFM station in which the party also Following the close of the window, the mutually exclusive applications have holds an interest. Commission also will issue a Public the same point total, any two or more of (c) No LPFM licensee may enter into Notice of the acceptance for filing of all the tied applicants may propose to share an operating agreement of any type, applications tentatively selected use of the frequency by submitting, including a time brokerage or pursuant to the procedures for mutually within 30 days of the release of a public management agreement, with either a exclusive LPFM applications set forth at notice announcing the tie, a time-share full power broadcast station or another § 73.872. Petitions to deny such proposal. Such proposals shall be LPFM station. applications may be filed within 30 treated as amendments to the time-share days of such public notice and in proponents’ applications, and shall § 73.865 Assignment and transfer of LPFM accordance with the procedures set become part of the terms of the station authorizations. forth at § 73.3584. A copy of any license. Where such proposals include (a) An LPFM authorization may not be petition to deny must be served on the all of the tied applications, all of the transferred or assigned except for a applicant. tied applications will be treated as transfer or assignment that involves: (e) Minor change LPFM applications tentative selectees; otherwise, time- (1) Less than a substantial change in may be filed at any time, unless share proponents’ points will be ownership and control; or restricted by the staff, and generally, aggregated to determine the tentative (2) An involuntary assignment of will be processed in the order in which selectees. license or transfer of control. they are tendered. Such applications (1) Time-share proposals shall be in (b) A change in the name of an LPFM must meet all technical and legal writing and signed by each time-share licensee where no change in ownership requirements applicable to new LPFM proponent, and shall satisfy the or control is involved may be station applications. following requirements:
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(i) The proposal must specify the proposals must include all of the (3) Any change in antenna height proposed hours of operation of each applicants in a group and must comply more than 2 meters above or 4 meters time-share proponent; with the Commission’s rules and below the authorized value. (ii) The proposal must not include policies regarding settlements, (4) Any change in channel. simultaneous operation of the time- including the requirements of (c) The following LPFM modifications share proponents; and (iii) Each time- §§ 73.3525, 73.3588, and 73.3589. may be made without prior share proponent must propose to Settlement proposals may include time- authorization from the Commission. A operate for at least 10 hours per week. share agreements that comply with the modification of license application (FCC (2) Where a station is licensed requirements of paragraph (c) of this Form 319) must be submitted to the pursuant to a time-sharing proposal, a section, provided that such agreements Commission within 10 days of change of the regular schedule set forth may not be filed for the purpose of point commencing program test operations therein will be permitted only where an aggregation outside of the thirty-day pursuant to § 73.1620. For applications written agreement signed by each time- period set forth in paragraph (c) of this filed pursuant to paragraph (c)(1) of this sharing licensee and complying with section. section, the modification of license requirements (i) through (iii) of application must contain an exhibit paragraph (c)(1) of this section is filed § 73.873 LPFM license period. demonstrating compliance with the with the Commission, Attention: Audio (a) Initial licenses for LPFM stations Commission’s radiofrequency radiation Services Division, Mass Media Bureau, not subject to successive license terms guidelines. In addition, applications prior to the date of the change. will be issued for a period running until solely filed pursuant to paragraphs (c)(1) (d) Successive license terms. (1) If a the date specified in § 73.1020 for full or (c)(2) of this section, where the tie among mutually exclusive service stations operating in the LPFM installation is located within 3.2 km of applications is not resolved through station’s state or territory, or if issued an AM tower or is located on an AM time-sharing in accordance with after such date, determined in tower, an exhibit demonstrating paragraph (c) of this section, the tied accordance with § 73.1020. compliance with § 73.1692 is also applications will be reviewed for (b) The station license period issued required. acceptability and applicants with tied, under the successive license term (1) Replacement of an antenna with grantable applications will be eligible tiebreaker procedures will be one of the same or different number of for equal, successive, non-renewable determined pursuant to § 73.872(d) and antenna bays, provided that the height license terms of no less than one year shall be for the period specified in the of the antenna radiation center is not each for a total combined term of eight station license. more than 2 meters above or 4 meters years, in accordance with § 73.873. (c) The license of an LPFM station below the authorized values. Program Eligible applications will be granted that fails to transmit broadcast signals test operations at the full authorized simultaneously, and the sequence of the for any consecutive 12-month period ERP may commence immediately upon applicants’ license terms will be installation pursuant to § 73.1620(a)(1). determined by the sequence in which expires as a matter of law at the end of that period, notwithstanding any (2) Replacement of a transmission line they file applications for licenses to with one of a different type or length cover their construction permits based provision, term, or condition of the license to the contrary. which changes the transmitter operating on the day of filing, except that eligible power (TPO) from the authorized value, applicants proposing same-site facilities § 73.875 Modification of transmission but not the ERP, must be reported in a will be required, within 30 days of systems. license modification application to the written notification by the Commission The following procedures and Commission. staff, to submit a written settlement restrictions apply to licensee (3) Changes in the hours of operation agreement as to construction and license modifications of authorized broadcast of stations authorized pursuant to time- term sequence. Failure to submit such transmission system facilities. share agreements in accordance with an agreement will result in the dismissal (a) The following changes are § 73.872. of the applications proposing same-site prohibited: facilities and the grant of the remaining, § 73.877 Station logs for LPFM stations. (1) Those that would result in the eligible applications. (a) The licensee of each LPFM station emission of signals outside of the (2) Groups of more than eight tied, must maintain a station log. Each log authorized channel exceeding limits grantable applications will not be entry must include the time and date of prescribed for the class of service. eligible for successive license terms observation and the name of the person (2) Those that would cause the under this section. Where such groups making the entry. The following transmission system to exceed the exist, the staff will dismiss all but the information must be entered in the equipment performance measurements applications of the eight entities with station log: the longest established community prescribed in § 73.508. (1) Any extinguishment or presences, as provided in paragraph (b) The following changes may be malfunction of the antenna structure (b)(1) of this section. If more than eight made only after the grant of a obstruction lighting, adjustments, tied, grantable applications remain, the construction permit application on FCC repairs, or replacement to the lighting applicants must submit, within 30 days Form 318. system, or related notification to the of written notification by the (1) Any construction of a new tower FAA. See sections 17.48 and 73.49 of Commission staff, a written settlement structure for broadcast purposes, except this chapter. agreement limiting the group to eight. for replacement of an existing tower (2) Brief explanation of station Failure to do so will result in dismissal with a new tower of identical height and outages due to equipment malfunction, of the entire application group. geographic coordinates. servicing, or replacement; (e) Mutually exclusive applicants may (2) Any change in station geographic (3) Operations not in accordance with propose a settlement at any time during coordinates, including coordinate the station license; and the selection process after the release of corrections and any move of the antenna (4) EAS weekly log requirements set a public notice announcing the to another tower structure located at the forth in § 11.61(a)(1)(v) of this chapter. mutually exclusive groups. Settlement same coordinates. (b) [Reserved]
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§ 73.878 Station inspections by FCC; 6. Section 73.1001 is amended by (a)(8) FCC Form 318, ‘‘Application for availability to FCC of station logs and revising paragraphs (b) and (c) to read Construction Permit for a Low Power records. as follows: FM Broadcast Station.’’ (a) The licensee of a broadcast station * * * * * shall make the station available for § 73.1001 Scope. 10. Section 73.3536 is amended by inspection by representatives of the FCC * * * * * adding paragraph (b)(7) to read as during the station’s business hours, and (b) Rules in part 73 applying follows: at any time it is in operation. In the exclusively to a particular broadcast course of an inspection or investigation, service are contained in the following: § 73.3536 Application for license to cover an FCC representative may require AM, subpart A; FM, subpart B; construction permit. special equipment or program tests. Noncommercial Educational FM, * * * * * (b) Station records and logs shall be subpart C; TV, subpart E; and LPFM, (b)(7) FCC Form 319, ‘‘Application for made available for inspection or subpart G. a Low Power FM Broadcast Station duplication at the request of the FCC or (c) Certain provisions of this subpart License.’’ its representatives. Such logs or records apply to International Broadcast * * * * * may be removed from the licensee’s Stations (subpart F, part 73), LPFM possession by an FCC representative or, 11. Section 73.3550(f) is revised to (subpart G, part 73), and Low Power TV, read as follows: upon request, shall be mailed by the TV Translator and TV Booster Stations licensee to the FCC by either registered (subpart G, part 74) where the rules for § 73.3550 Requirements for new or mail, return receipt requested, or those services so provide. modified call sign assignments. certified mail, return receipt requested. * * * * * * * * * * The return receipt shall be retained by (f) Only four-letter call signs (plus LP, 7. Section 73.1620 is amended by the licensee as part of the station FM, or TV, if used) will be assigned. revising paragraph (a) and adding records until such records or logs are The four letter call sign for LPFM paragraph (a)(5) to read as follows: returned to the licensee. A receipt shall stations will be followed by the suffix be furnished when the logs or records § 73.1620 Program tests. ‘‘–LP’’. However, subject to the are removed from the licensee’s provisions of this section, a call sign of possession by an FCC representative (a) Upon the completion of construction of an AM, FM, LPFM, or a station may be conformed to a and this receipt shall be retained by the commonly-owned station holding a licensee as part of the station records TV station in accordance with the terms of the construction permit, the technical three-letter call sign (plus FM, TV, or LP until such records or logs are returned suffixes, if used). to the licensee. When the FCC has no provisions of the application, the rules * * * * * further need for such records or logs, and regulations and the applicable they shall be returned to the licensee. engineering standards, program tests 12. Section 73.3598(a) is revised to The provisions of this rule shall apply may be conducted in accordance with read as follows: the following: solely to those station logs and records § 73.3598 Period of construction. * * * * * that are required to be maintained by (a) Each original construction permit the provisions of this part. (5) Except for permits subject to for the construction of a new TV, AM, (1) Where records or logs are successive license terms, the permittee FM or International Broadcast; low maintained as the official records of a of an LPFM station may begin program power TV; TV translator; TV booster; recognized law enforcement agency and tests upon notification to the FCC in FM translator; FM booster; or broadcast the removal of the records from the Washington, DC, provided that within auxiliary station, or to make changes in possession of the law enforcement 10 days thereafter, an application for such existing stations, shall specify a agency will hinder its law enforcement license is filed. Program tests may be period of three years from the date of activities, such records will not be conducted by a licensee subject to issuance of the original construction removed pursuant to this section if the mandatory license terms only during the permit within which construction shall chief of the law enforcement agency term specified on such licensee’s be completed and application for promptly certifies in writing to the FCC authorization. license filed. Each original construction that removal of the logs or records will * * * * * permit for the construction of a new hinder law enforcement activities of the LPFM station shall specify a period of agency, stating insofar as feasible the 8. Section 73.1660(a) is revised to read as follows: eighteen months from the date of basis for his decision and the date when issuance of the construction permit it can reasonably be expected that such § 73.1660 Acceptability of broadcast within which construction shall be records will be released to the FCC. transmitters. completed and application for license § 73.879 Signal retransmission. (a) An AM, FM, LPFM, or TV filed. An LPFM licensee may not transmitter shall be verified for * * * * * retransmit, either terrestrially or via compliance with the requirements of 13. Section 73.3617 is revised to read satellite, the signal of a full-power radio this part following the procedures as follows: broadcast station. described in part 2 of the FCC rules. * * * * * § 73.3617 Broadcast information available § 73.881 Equal employment opportunities. on the Internet. 9. Section 73.3533 is amended by General EEO policy. Equal adding paragraph (a)(8) to read as The Mass Media Bureau and each of employment opportunity shall be follows: its Divisions provide information on the afforded by all LPFM licensees and Internet regarding broadcast rules and permittees to all qualified persons, and § 73.3533 Application for construction policies, pending and completed no person shall be discriminated against permit or modification of construction rulemakings, and pending applications. because of race, color , religion, national permit. These sites also include copies of public origin, or sex. * * * * * notices and texts of recent decisions.
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The Mass Media Bureau’s address is 3. Section 73.532(a) is revised to read radio broadcast stations. Auxiliary http://www.fcc.gov/mmb/; the Audio as follows: stations licensed to low power FM Services Division address is http:// stations must accept any interference www.fcc.gov/mmb/asd/; the Video § 74.532 Licensing requirements. caused by stations having primary use Services Division is located at http:// (a) An aural broadcast STL or an aural of aural auxiliary frequencies. broadcast intercity relay station will be www.fcc.gov/mmb/vsd/; and the Policy * * * * * and Rules Division’s address is http:// licensed only to the licensee or www.fcc.gov/mmb/prd/. licensees of broadcast stations, 4. The heading for § 74.1204 and including low power FM stations, other paragraph (a) are revised, and paragraph Part 74ÐExperimental Radio, than international broadcast stations, (a)(4) is added to read as follows: Auxiliary, Special Broadcast and Other and for use with broadcast stations § 74.1204 Protection of FM broadcast, FM Program Distributional Services owned entirely by or under common Translator and LP100 stations. control of the licensee or licensees. An 1. The authority citation for part 74 aural broadcast intercity relay station (a) An application for an FM continues to read as follows: also will be licensed for use by low translator station will not be accepted Authority: 47 U.S.C. 154, 303, 334, 336. power FM stations, noncommercial for filing if the proposed operation would involve overlap of predicted field 2. Section 74.432(a) is revised to read educational FM translator stations contours with any other authorized as follows: assigned to reserved channels (Channels 201–220) and owned and operated by commercial or noncommercial § 74.432 Licensing requirements and their primary station, by FM translator educational FM broadcast stations, FM procedures. stations operating within the coverage translators, and Class D (secondary) (a) A license for a remote pickup contour of their primary stations, and by noncommercial educational FM station will be issued to: the licensee of FM booster stations. Aural auxiliary stations; or if it would result in new or an AM, FM, noncommercial FM, low stations licensed to low power FM increased overlap with an LP100 power FM, TV, international broadcast stations will be assigned on a secondary station, as set forth below: or low power TV station; broadcast basis; i.e., subject to the condition that * * * * * network-entity; or cable network-entity. no harmful interference is caused to (4) LP100 stations (Protected Contour: * * * * * other aural auxiliary stations assigned to 1mV/m)
Interference contour Frequency separation of proposed translator Protected contour of station LP100 LPFM station
Cochannel 200 kHz ...... 0.1 mV/m (40 dBu) 1.1 mV/m (60 dBu) 0.5 mV/m (54 dBu) 1 mV/m (60 dBu)
* * * * * [FR Doc. 00–2718 Filed 2–14–00; 8:45 am] BILLING CODE 6712±01±P
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Part III
Department of Agriculture Agricultural Marketing Service
7 CFR Part 1218 Blueberry Promotion, Research, and Information Order; Referendum Procedures; Final Rule Proposed Blueberry Promotion, Research, and Information Order; Proposed Rule
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DEPARTMENT OF AGRICULTURE Executive Order 12988 also represent a majority of the volume This final rule has been reviewed of the agricultural commodity voted in Agricultural Marketing Service under Executive Order 12988, Civil the referendum. In addition, section 518 Justice Reform. It is not intended to of the Act provides for referenda to 7 CFR Part 1218 have retroactive effect. Section 524 of ascertain approval of an order to be [FV±99±702±FR] the Act provides that the Act shall not conducted either prior to its going into affect or preempt any other Federal or effect or within three years after Blueberry Promotion, Research, and State law authorizing promotion or assessments first begin under the Order. Information Order; Referendum research relating to an agricultural The North American Blueberry Council, Procedures commodity. Inc. (proponent), has recommended that AGENCY: Agricultural Marketing Service, Under section 519 of the Act, a person the Secretary conduct a referendum. USDA. subject to the Order may file a petition Approval of the Order would be based ACTION: Final rule. with the Secretary of Agriculture on a majority of producers and (Secretary) stating that the Order, any importers voting for approval who also SUMMARY: The purpose of this rule is to provision of the Order, or any obligation represent a majority of the volume of establish procedures which the imposed in connection with the Order, blueberries represented in the Department of Agriculture (USDA or the is not established in accordance with referendum. The proponent also has Department) will use in conducting a the law, and requesting a modification recommended that a referendum be referendum to determine whether the of the Order or an exemption from the conducted prior to the proposed Order issuance of the proposed Blueberry Order. Any petition filed challenging going into effect. Promotion, Research, and Information the Order, any provision of the Order or Order (Order) is favored by the any obligation imposed in connection This rule establishes the procedures blueberry industry. The Order will be with the Order, shall be filed within two under which producers and importers implemented if it is approved by a years after the effective date of the may vote on whether they want a majority of producers and importers Order, provision or obligation subject to blueberry promotion, research, and who also represent a majority of the challenge in the petition. The petitioner information program to be volume of blueberries represented in the will have the opportunity for a hearing implemented. Blueberry producers and referendum. These procedures would on the petition. The Act provides that importers of 2,000 pounds or more of also be used for any subsequent the district court of the United States for blueberries annually would be eligible referendum under the Order, if it is any district in which the petitioner to vote. The proposed Order provides approved in the initial referendum. The resides or conducts business shall be the for an exemption from assessments for Order is being published in a separate jurisdiction to review a final ruling on producers and importers of less than document. This proposed program the petition, if the petitioner files a 2,000 pounds of fresh and processed would be implemented under the complaint for that purpose not later blueberries. This action will add a new Commodity Promotion, Research, and than 20 days after the date of entry of subpart which establishes procedures to Information Act of 1996 (Act). the Secretary’s final ruling. conduct an initial and future referenda. DATES: This final rule is effective Executive Order 12866 The subpart covers definitions, voting February 16, 2000. instructions, use of subagents, ballots, This rule has been determined not FOR FURTHER INFORMATION CONTACT: the referendum report, and significant for purposes of Executive Oliver L. Flake, Research and Promotion confidentiality of information. Branch, Fruit and Vegetable Programs, Order 12866 and therefore has not been reviewed by the Office of Management There are approximately 2,000 AMS, USDA, Stop 0244, 1400 producers, 200 first handlers, 50 Independence Avenue, SW, Room and Budget. importers, and 4 exporters of blueberries 2535–S, Washington, D.C. 20250–0244; Regulatory Flexibility Act who would be subject to the program. It telephone (202) 720–5976 or fax (202) In accordance with the Regulatory is estimated that 1,818 producers and 32 205–2800. Flexibility Act (5 U.S.C. 601 et seq.), the importers would be eligible to vote in SUPPLEMENTARY INFORMATION: A Agency is required to examine the the first referendum. These figures have referendum will be conducted among impact of the proposed rule on small been revised since publication of the eligible blueberry producers and entities. The purpose of the RFA is to proposed rule. This revision is based importers to determine whether the fit regulatory actions to the scale of issuance of the proposed Blueberry upon more current information from a businesses subject to such action so that comment received concerning the Promotion, Research, and Information small businesses will not be Order (Order) (7 CFR Part 1218) is proposed Order. That comment is disproportionately burdened. discussed in the proposed rule for the favored by those who would pay The Act, which authorizes the Order which is published separately in assessments under the program. The Secretary to consider industry proposals this issue of the Federal Register. Order will be implemented if it is for generic programs of promotion, approved by a majority of producers and research, and information for Most of the producers would be importers voting for approval who also agricultural commodities, became classified as small businesses under the represent a majority of the volume of effective on April 4, 1996. The Act criteria established by the Small blueberries represented in the provides for alternatives within the Business Administration (SBA) [13 CFR referendum. The Order is authorized terms of a variety of provisions. 121.601]. Most importers and first under the Commodity Promotion, Paragraph (e) of Section 518 of the Act handlers would not be classified as Research, and Information Act of 1996 provides three options for determining small businesses. The SBA defines (Act) [Pub. L. 104–427, 7 U.S.C. 7401– industry approval of a new research and small agricultural handlers as those 7425]. It would cover domestic and promotion program: (1) By a majority of whose annual receipts are less than $5 imported cultivated blueberries those voting; (2) by a majority of the million, and small agricultural (hereinafter called blueberries). A volume of the agricultural commodity producers are defined as those having proposed Order is being published voted in the referendum; or (3) by a annual receipts of not more than separately in the Federal Register. majority of those persons voting who $500,000 annually.
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According to USDA’s National while Mexico accounted for 1 percent of Paperwork Reduction Act Agricultural Statistics Service, total the total. The rest of the 1997 import In accordance with the Office of production of cultivated blueberries was volume originated from the Management and Budget (OMB) 172.9 million pounds in 1997, up 35 Netherlands, Costa Rica and Colombia. regulation (5 CFR part 1320) which percent from the 1996 output. This rule provides the procedures implements the Paperwork Reduction Approximately 70.2 million pounds of under which blueberry producers and Act of 1995 (44 U.S.C. Chapter 35), the the total were utilized for fresh market importers may vote on whether they referendum ballot, which represents the sale and 99.4 million pounds were used want the Order to be implemented. In information collection and for processing (primarily frozen). accordance with the provisions of the recordkeeping requirements that may be Blueberries are grown in 35 states. Act, subsequent referenda may be imposed by this rule, has been Commercial production operations are conducted, and it is anticipated that submitted to OMB for approval. located in Michigan (44 percent), New these procedures would apply. There Title: National Research, Promotion, Jersey (19 percent), Oregon (12 percent), are approximately 1,818 producers and and Consumer Information Programs. Georgia (9 percent), North Carolina (5 32 importers who will be eligible to vote OMB Number: 0581–0093. percent), Washington (5 percent), in the first referendum. Expiration Date of Approval: Indiana and Florida (2 percent each), November 30, 2000. and all other states (2 percent). Farm USDA will keep these individuals Type of Request: Revision of a value for the 1997 cultivated blueberry informed throughout the program currently approved information crop was $141 million, compared with implementation and referendum process collection for research and promotion $113.6 million a year earlier. to ensure that they are aware of and are U.S. frozen blueberry per capita able to participate in the program programs. consumption has been declining rapidly implementation process. USDA will Abstract: The information collection in recent years, decreasing from 0.38 also publicize information regarding the requirements in this request are pounds in 1996 to 0.33 pounds in 1997. referendum process so that trade essential to carry out the intent of the From calendar year 1991 through 1995, associations and related industry media Act. The burden associated with the U.S. per capita consumption of frozen can be kept informed. ballot is as follows: blueberries averaged 0.43 pounds. Voting in the referendum is optional. Estimate of Burden: Public reporting The United States exported 6.3 However, if producers and importers burden for this collection of information million pounds of fresh cultivated choose to vote, the burden of voting is estimated to average 0.25 hours per blueberries in 1997, valued at $7.9 would be offset by the benefits of having response for each producer and million. Canada is the principal the opportunity to vote on whether or importer. destination for U.S. exports— not they want to be covered by the Respondents: Producers and accounting for nearly 79 percent of the program. importers. Estimated Number of Respondents: total in 1997. Other key markets The information collection 1850. included Switzerland (7 percent), the requirements contained in this rule are United Kingdom (5 percent), and Estimated Number of Responses per designed to minimize the burden on Respondent: 1 every 5 years (0.2). Germany (3 percent). The remaining producers and importers. This rule export volume of fresh cultivated Estimated Total Annual Burden on provides for a ballot to be used by Respondents: 92.5 hours. blueberries primarily went to other eligible producers and importers to vote European and Asian countries. The estimated annual cost of in the referendum. The estimated providing the information by an U.S. exports of frozen cultivated annual cost of providing the information blueberries totaled 22.1 million pounds estimated 1,818 producers (2,000¥182 by an estimated 1,818 producers exempt producers) would be $909.00 or in 1997 and were valued at $9.9 million. (2,000¥182 exempt producers) would The largest U.S. export market is $.50 per producer and for an estimated be $909.00 or $.50 per producer and for 32 importers (50¥18 exempt importers) Canada, accounting for 90 percent of the an estimated 32 importers (50¥18 total quantity in 1997. Japan was the would be $16.00 or $.50 per importer. exempt importers) would be $16.00 or The ballot will be added to the other second largest U.S. market for frozen $.50 per importer. cultivated blueberries, accounting for 8 information collections approved for percent of the total. The remaining 2 The Secretary considered requiring use under OMB Number 0581–0093. percent of U.S. exports were sent mainly eligible voters to vote in person at In the proposed rule published on to other Asian and European countries. various USDA offices across the July 22, 1999, comments were invited In 1997, the United States imported country. The Secretary also considered on: (a) Whether the proposed collection 13.9 million pounds of fresh cultivated electronic voting, but the use of of information is necessary and whether blueberries worth $10.8 million. Imports computers is not universal, current it will have practical utility; (b) the from Canada alone accounted for 89 technology is not reliable enough to accuracy of USDA’s estimate of the percent of the total. Other important ensure that electronic ballots would be burden of the proposed collection of fresh cultivated blueberry import received in a readable format, and information, including the validity of sources were Chile with 9 percent of the technology is insufficient at this time to the methodology and assumptions used; total and New Zealand with 2 percent. provide sufficient safeguards of voters’ (c) ways to enhance the quality, utility, Small amounts were also imported from confidentiality. Conducting the and clarity of the information to be Mexico and Honduras. referendum from one central location by collected; and (d) ways to minimize the In 1997, total imports of frozen mail ballot would be more cost-effective burden of the collection of information cultivated blueberries were 9.8 million and reliable. The Department will on those who are to respond, including pounds and were valued at $8.5 million. provide easy access to information for the use of appropriate automated, The vast majority of U.S. frozen potential voters through a toll-free electronic, mechanical, or other blueberry imports (about 96 percent) telephone line. technological collection techniques or came from Canada in 1997. U.S. imports There are no federal rules that other forms of information technology. of frozen cultivated blueberries from duplicate, overlap, or conflict with this The number of respondents and Chile represented 2 percent of the total, rule. burden have been changed to reflect
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§ 1218.107 Confidential information. Act and the voting list shall be held Dated: February 9, 2000. The ballots and other information or confidential and shall not be disclosed. Robert C. Keeney, reports that reveal, or tend to reveal, the Deputy Administrator, Fruit and Vegetable vote of any person covered under the Programs. [FR Doc. 00–3404 Filed 2–14–00; 8:45 am] BILLING CODE 3410±02±P
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DEPARTMENT OF AGRICULTURE the Act provides that the Act shall not blueberries). A proposal was submitted affect or preempt any other Federal or by the North American Blueberry Agricultural Marketing Service state law authorizing promotion or Council, Inc. (proponent or NABC). The research relating to an agricultural proponent has proposed that blueberry 7 CFR Part 1218 commodity. producers and importers approve the Under section 519 of the Act, a person [FV±99±701±PR2] program in a referendum in advance of subject to the Order may file a petition its implementation. In addition, NABC Proposed Blueberry Promotion, with the Secretary of Agriculture proposed that producers, importers, Research, and Information Order (Secretary) stating that the Order, any exporters, and first handlers would provision of the Order, or any obligation serve on a 13-member U.S.A. Blueberry AGENCY: Agricultural Marketing Service, imposed in connection with the Order, Council (USABC) that would administer USDA. is not established in accordance with the program under USDA’s oversight. In ACTION: Proposed rule. the law, and requesting a modification order to provide the opportunity for of the Order or an exemption from the public input into USABC deliberations, SUMMARY: This proposed rule would Order. Any petition filed challenging the Secretary added one public member establish an industry-funded promotion, the Order, any provision of the Order, to the proponent’s proposed USABC. research, and information program for or any obligation imposed in connection Any person subject to the program may cultivated blueberries. A proposed with the Order, shall be filed within two file with the Secretary a petition stating program—the Blueberry Promotion, years after the effective date of the that the Order or any provision of the Research, and Information Order Order, provision, or obligation subject to Order is not in accordance with law and (Order)—was submitted to USDA by the challenge in the petition. The petitioner requesting a modification of the Order North American Blueberry Council, Inc. will have the opportunity for a hearing or an exemption from the Order. Under the Order, blueberry producers on the petition. Thereafter, the Secretary While the proposed Order would and importers would pay an assessment of Agriculture (Secretary) will issue a impose certain recordkeeping of $12 per ton, which would be paid to ruling on a petition. The Act provides requirements on first handlers, the proposed U.S.A. Blueberry Council. that the district court of the United information required under the Producers and importers of less than States for any district in which the proposed Order could be compiled from 2,000 pounds of fresh and processed petitioner resides or conducts business records currently maintained. First blueberries annually would be exempt shall have the jurisdiction to review a handlers would collect and remit the from the assessment. The proposed final ruling on the petition, if the assessments on domestic blueberries to program would be implemented under petitioner files a complaint for that the Council. Their responsibilities the Commodity Promotion, Research, purpose not later than 20 days after the would include accurate recordkeeping and Information Act of 1996 (Act). In date of the entry of the Secretary’s final and accounting of all blueberries addition, the USDA is announcing that ruling. a referendum will be conducted among purchased or contracted for, including eligible blueberry producers and Executive Order 12866 the number of pounds handled, the importers to determine whether they This proposed rule has been names of their producers, and when favor the implementation of the determined not significant for purposes blueberries are purchased. The forms program. of Executive Order 12866 and therefore require the minimum information necessary to effectively carry out the DATES: In order to be eligible to vote, has not been reviewed by the Office of Management and Budget (OMB). requirements of the program, and their blueberry producers and importers must use is necessary to fulfill the intent of have produced or imported 2,000 Regulatory Flexibility Act the Act. Such records shall be retained pounds or more of blueberries during In accordance with the Regulatory for at least two years. This information the period from January 1, 1999 through Flexibility Act (RFA) [5 U.S.C. 601 et is already being maintained as a normal December 31, 1999 (representative seq.], the Agency is required to examine business practice. period). The voting period for the the impact of the proposed rule on small In addition, first handlers of referendum will be from March 13 entities. The purpose of the RFA is to through March 24, 2000. blueberries who seek nomination to fit regulatory actions to the scale of serve on the USABC would be required FOR FURTHER INFORMATION CONTACT: businesses subject to such actions so to complete a nomination form which Oliver L. Flake, Research and Promotion that small businesses will not be would be submitted to the Secretary. Branch, Fruit and Vegetable Programs, disproportionately burdened. AMS, USDA, Stop 0244, 1400 The Act authorizes generic programs The added burden to first handlers for Independence Avenue, SW, Room of promotion, research, and information a blueberry promotion, research, and 2535–S, Washington, DC 20250–0244; for agricultural commodities. Congress information program is therefore telephone (202) 720–5976 or fax (202) found that it is in the national public expected to be minimal. 205–2800. interest and vital to the welfare of the There is also a minimal paperwork SUPPLEMENTARY INFORMATION: This agricultural economy of the United burden on producers. The burden proposed Order is issued pursuant to States to maintain and expand existing relates to those producers who would the Commodity Promotion, Research, markets and develop new markets and seek nomination to serve on the USABC and Information Act of 1996, 7 U.S.C. uses for agricultural commodities and those who vote in referenda. In 7401–7425; Public Law 104–127, through industry-funded, government- addition, the proposed Order would enacted April 4, 1996, hereinafter supervised, generic commodity require producers to keep records and to referred to as the Act. promotion programs. provide information to the USABC or This program is intended to develop the Secretary when requested. However, Executive Order 12988 and finance an effective and it is not anticipated that producers This proposed rule has been reviewed coordinated program of promotion, would be required to submit forms to under Executive Order 12988, Civil research, and information to maintain the USABC. Most likely, the information Justice Reform. It is not intended to and expand the markets for cultivated would be obtained through an audit of have retroactive effect. Section 524 of blueberries (hereinafter referred to as a producer’s records to confirm
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CFR 3.1 through 3.36 for all research Reporting and recordkeeping 1218.71 Referenda. and promotion programs administered requirements. 1218.72 Suspension and termination. by AMS [60 FR 12533, March 7, 1995]. For the reasons set forth in the 1218.73 Proceedings after termination. Sections 1218.60 through 1218.62 1218.74 Effect of termination or preamble, it is proposed that Title 7 of amendment. concern reporting and recordkeeping Chapter XI of the Code of Federal 1218.75 Personal liability. requirements for persons subject to the Regulations be amended as follows: 1218.76 Separability. Order and protect the confidentiality of 1218.77 Amendments. information from such books, records, PART 1218ÐBLUEBERRY 1218.78 OMB control numbers. or reports. PROMOTION, RESEARCH, AND Sections 1218.70 through 1218.78 INFORMATION ORDER Subpart AÐBlueberry Promotion, describe the rights of the Secretary; Research, and Information Order address referenda; authorize the 1. The authority citation for part 1218 Definitions Secretary to suspend or terminate the continues to read as follows: Order when deemed appropriate; Authority: 7 U.S.C. 7401–7425. § 1218.1 Act. prescribe proceedings after termination; 2.Subpart A is added to part 1218 to Act means the Commodity Promotion, address personal liability, separability, read as follows: Research, and Information Act of 1996 and amendments; and provide OMB (7 U.S.C. 7401–7425; Pup. L. 104–127; control numbers. Subpart AÐBlueberry Promotion, Research, and Information Order 110 Stat. 1029), or any amendments The Department has determined that thereto. this Order is consistent with and will Definitions effectuate the purposes of the Act. Sec. § 1218.2 Blueberries. For the Order to become effective, the 1218.1 Act. Blueberries means cultivated Order must be approved by a majority 1218.2 Blueberries. blueberries grown in or imported into of producers and importers voting for 1218.3 Conflict of interest. the United States of the genus approval who also represent a majority 1218.4 Crop year. Vaccinium Corymbosum and Ashei, of the volume of blueberries represented 1218.5 Department. including the northern highbush, in the referendum. 1218.6 Exporter. southern highbush, rabbit eye varieties, 1218.7 First handler. and any hybrid, and excluding the Referendum Order 1218.8 Fiscal period. 1218.9 Importer. lowbush (native) blueberry Vaccinium It is hereby directed that a referendum 1218.10 Information. Angustifolium. be conducted among eligible blueberry 1218.11 Market or marketing. § 1218.3 Conflict of interest. producers and importers to determine 1218.12 Order. whether they favor implementation of 1218.13 Part and subpart. Conflict of interest means a situation the Blueberry Promotion, Research, and 1218.14 Person. in which a member or employee of the Information Order. 1218.15 Processed blueberries. U.S.A. Blueberry Council has a direct or The referendum shall be conducted 1218.16 Producer. indirect financial interest in a person from March 13 through 24, 2000. Ballots 1218.17 Promotion. who performs a service for, or enters will be mailed to all known blueberry 1218.18 Research. into a contract with, the USABC for producers and importers on or before 1218.19 Secretary. anything of economic value. 1218.20 Suspend. March 13, 2000. Eligible voters who do 1218.21 Terminate. § 1218.4 Crop year. not receive a ballot by mail should call 1218.22 United States. Crop year means the 12-month period the following toll-free telephone number 1218.23 USABC. to receive a ballot: 1 (888) 720–9917. All from November 1 through October 31 of ballots will be subject to verification. U.S.A. Blueberry Council the following year or such other period Ballots must be received by the 1218.40 Establishment and membership. approved by the Secretary. referendum agents no later than March 1218.41 Nominations and appointments. 1218.42 Term of office. § 1218.5 Department. 24, 2000, to be counted. Department means the U.S. Oliver L. Flake and Martha B. 1218.43 Vacancies. 1218.44 Alternate members. Department of Agriculture. Ransom, Research and Promotion 1218.45 Procedure. Branch, Fruit and Vegetable Programs, 1218.46 Compensation and reimbursement. § 1218.6 Exporter. Agricultural Marketing Service, U.S. 1218.47 Powers and duties. Exporter means a person involved in Department of Agriculture, Room 2535– 1218.48 Prohibited activities. exporting blueberries from another S, Stop 0244, Washington, DC 20250– Expenses and Assessments country to the United States. 0244, are designated as the referendum agents of the Secretary of Agriculture to 1218.50 Budget and expenses. § 1218.7 First handler. conduct the referendum. The Procedure 1218.51 Financial statements. First handler means any person, 1218.52 Assessments. (excluding a common or contract for the Conduct of Referenda in 1218.53 Exemption procedures. Connection with the Blueberry 1218.54 Programs, plans, and projects. carrier), receiving blueberries from Promotion, Research, and Information 1218.55 Independent evaluation. producers and who as owner, agent, or Order, 7 CFR 1218.100–1218.107, which 1218.56 Patents, copyrights, trademarks, otherwise ships or causes blueberries to is being published separately in this information, publications, and product be shipped as specified in the Order. issue of the Federal Register, shall be formulations. This definition includes those engaged used to conduct the referendum. Reports, Books, and Records in the business of buying, selling and/ or offering for sale; receiving; packing; List of Subjects in 7 CFR Part 1218 1218.60 Reports. grading; marketing; or distributing 1218.61 Books and records. Administrative practice and 1218.62 Confidential treatment. blueberries in commercial quantities. procedure, Advertising, Blueberries, This definition includes a retailer, Consumer information, Marketing Miscellaneous except a retailer who purchases or agreements, Blueberry promotion, 1218.70 Right of the Secretary. acquires from, or handles on behalf of
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United States from the largest foreign (e) From the nominations, the member, the alternate for that member blueberry production area, based on a Secretary shall select the members of shall automatically assume the position three-year average. the USABC and alternates for each of said member. In the event that both (5) One first handler member and position on the USABC. a producer member of the USABC and alternate shall be filled by a United the alternate are unable to attend a § 1218.42 Term of office. States based independent or cooperative meeting, the USABC may not designate organization which is a producer/ USABC members and alternates will any other alternate to serve in such shipper of domestic blueberries. serve for a term of three years and be member’s or alternate’s place and stead (6) One public member and alternate. able to serve a maximum of two for such a meeting. consecutive terms. A USABC member (b) Adjustment of membership. At § 1218.45 Procedure. least once every five years, the USABC may serve as an alternate during the will review the geographical years the member is ineligible for a (a) At a USABC meeting, it will be distribution of United States production member position. When the USABC is considered a quorum when a minimum of blueberries and the quantity of first established, the state of seven members, or their alternates imports. The review will be conducted representatives, first handler member, serving in the absence, are present. (b) At the start of each fiscal period, through an audit of state crop and their respected alternates will be the USABC will select a chairperson production figures and USABC assigned initial terms of three years. and vice chairperson who will conduct assessment receipts. If warranted, the Regional representatives, the importer member, the exporter member, public meetings throughout that period. USABC will recommend to the (c) All USABC members and Secretary that membership on the member, and their alternates will serve an initial term of two years. Thereafter, alternates will receive a minimum of 10 USABC be altered to reflect any changes days advance notice of all USABC and in geographical distribution of domestic each of these positions will carry a full three-year term. USABC nominations committee meetings. blueberry production and the quantity (d) Each member of the USABC will of imports. If the level of imports and appointments will take place in two out of every three years. Each term of be entitled to one vote on any matter put increases, importer members and to the USABC, and the motion will carry alternates may be added to the USABC. office will end on December 31, with new terms of office beginning on if supported by one vote more than 50 § 1218.41 Nominations and appointments. January 1. percent of the total votes represented by the USABC members present. (a) Voting for regional and state § 1218.43 Vacancies. (e) It will be considered a quorum at representatives will be made by mail (a) In the event any member of the a committee meeting when at least one ballot. USABC ceases to be a member of the more than half of those assigned to the (b) In a case where a state has a state category of members from which the committee are present. Alternates may blueberry commission or marketing member was appointed to the USABC, also be assigned to committees as order in place, the state commission or such position shall automatically necessary. Committees may also consist committee will nominate members and become vacant. of individuals other than USABC alternates to serve on the USABC. At (b) If a member of the USABC members and such individuals may vote least two nominees shall be submitted consistently refuses to perform the in committee meetings. These to the Secretary for each member and duties of a member of the USABC, or if committee members shall serve without each alternate. a member of the USABC engages in acts compensation but shall be reimbursed (c) Nomination and election of of dishonesty or willful misconduct, the for reasonable travel expenses, as regional, and state representatives USABC may recommend to the approved by the USABC. where no commission or order is in Secretary that the member be removed (f) In lieu of voting at a properly place will be handled by the USABC, from office. If the Secretary finds the convened meeting and, when in the provided that the initial nominations recommendation of the USABC shows opinion of the chairperson of the will be handled by the North American adequate cause, the Secretary shall USABC such action is considered Blueberry Council. The USABC will remove such member from office. necessary, the USABC may take action seek nominations for members and (c) Should any member position if supported by one vote more than 50 alternates from the specific states and/ become vacant, the alternate of that percent of the members by mail, or regions. Nominations will be member shall automatically assume the telephone, electronic mail, facsimile, or returned to the USABC and placed on position of said member. Should the any other means of communication, and a ballot which will then be sent to positions of both a member and such all telephone votes shall be confirmed producers in the state and/or region for member’s alternate become vacant, promptly in writing. In that event, all vote. The final nominee for member will successors for the unexpired terms of members must be notified and provided have received the highest number of such member and alternate shall be the opportunity to vote. Any action so votes cast. The person with the second appointed in the manner specified in taken shall have the same force and highest number of votes cast will be the § 1218.40 and § 1218.41, except that effect as though such action had been final nominee for alternate. The persons said nomination and replacement shall taken at a properly convened meeting of with the third and fourth place highest not be required if said unexpired terms the USABC. All votes shall be recorded number of votes cast will be designated are less than six months. in USABC minutes. as additional nominees for (g) There shall be no voting by proxy. consideration by the Secretary. § 1218.44 Alternate members. (h) The chairperson shall be a voting (d) Nominations for the importer, An alternate member of the USABC, member. exporter, first handler, and public during the absence of the member for (i) The organization of the USABC member positions will be made by the whom the person is the alternate, shall and the procedures for the conducting USABC. Two nominees for each act in the place and stead of such of meetings of the USABC shall be in member and alternate position will be member and perform such duties as accordance with its bylaws, which shall submitted to the Secretary for assigned. In the event of death, removal, be established by the USABC and consideration. resignation, or disqualification of any approved by the Secretary.
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§ 1218.46 Compensation and and expended, and make such other any action for the purpose of reimbursement. reports as the Secretary or the USABC influencing legislation or governmental The members of the USABC, and may require; action or policy, by local, state, national, alternates when acting as members, (3) The Secretary may audit the and foreign governments, other than shall serve without compensation but records of the contracting or agreeing recommending to the Secretary shall be reimbursed for reasonable travel party periodically; and amendments to the Order. expenses, as approved by the USABC, (4) Any subcontractor who enters into incurred by them in the performance of a contract with a USABC contractor and Expenses and Assessments their duties as USABC members. who receives or otherwise uses funds § 1218.50 Budget and expenses. allocated by the USABC shall be subject (a) At least 60 days prior to the § 1218.47 Powers and duties. to the same provisions as the contractor. The USABC shall have the following (f) To prepare and submit for approval beginning of each fiscal year, and as powers and duties: of the Secretary fiscal year budgets in may be necessary thereafter, the USABC (a) To administer the Order in accordance with § 1218.50; shall prepare and submit to the accordance with its terms and (g) To maintain such records and Secretary a budget for the fiscal year conditions and to collect assessments; books and prepare and submit such covering its anticipated expenses and (b) To develop and recommend to the reports and records from time to time to disbursements in administering this Secretary for approval such bylaws as the Secretary as the Secretary may subpart. Each such budget shall include: may be necessary for the functioning of prescribe; to make appropriate (1) A statement of objectives and the USABC, and such rules as may be accounting with respect to the receipt strategy for each program, plan, or necessary to administer the Order, and disbursement of all funds entrusted project; including activities authorized to be to it; and to keep records that accurately (2) A summary of anticipated revenue, carried out under the Order; reflect the actions and transactions of with comparative data or at least one (c) To meet, organize, and select from the USABC; preceding year (except for the initial among the members of the USABC a (h) To cause its books to be audited budget); chairperson, other officers, committees, by a competent auditor at the end of (3) A summary of proposed and subcommittees, as the USABC each fiscal year and at such other times expenditures for each program, plan, or determines to be appropriate; as the Secretary may request, and to project; and (d) To employ persons, other than the submit a report of the audit directly to (4) Staff and administrative expense members, as the USABC considers the Secretary; breakdowns, with comparative data for necessary to assist the USABC in (i) To give the Secretary the same at least on preceding year (except for the carrying out its duties and to determine notice of meetings of the USABC as is initial budget). the compensation and specify the duties given to members in order that the (b) Each budget shall provide of such persons; Secretary’s representative(s) may attend adequate funds to defray its proposed (e) To develop programs and projects, such meetings, and to keep and report expenditures and to provide for a and enter into contracts or agreements, minutes of each meeting of the USABC reserve as set forth in this subpart. which must be approved by the to the Secretary; (c) Subject to this section, any Secretary before becoming effective, for (j) To act as intermediary between the amendment or addition to an approved the development and carrying out of Secretary and any producer, first budget must be approved by the programs or projects of research, handler, importer, or exporter; Secretary, including shifting funds from information, or promotion, and the (k) To furnish to the Secretary any one program, plan, or project to another. payment of costs thereof with funds information or records that the Secretary Shifts of funds which do not cause an collected pursuant to this subpart. Each may request; increase in the USABC’s approved contract or agreement shall provide that (l) To receive, investigate, and report budget and which are consistent with any person who enters into a contract or to the Secretary complaints of violations governing bylaws need not have prior agreement with the USABC shall of the Order; approval by the Secretary. (m) To recommend to the Secretary develop and submit to the USABC a (d) The USABC is authorized to incur such amendments to the Order as the proposed activity; keep accurate records such expenses, including provision for USABC considers appropriate; and a reasonable reserve, as the Secretary of all of its transactions relating to the (n) To work to achieve an effective, finds are reasonable and likely to be contract or agreement; account for funds continuous, and coordinated program of incurred by the USABC for its received and expended in connection promotion, research, consumer maintenance and functioning, and to with the contract or agreement; make information, evaluation, and industry enable it to exercise its powers and periodic reports to the USABC of information designed to strengthen the perform its duties in accordance with activities conducted under the contract blueberry industry’s position in the the provisions of this subpart. Such or agreement; and make such other marketplace; maintain and expand reports available as the USABC or the existing markets and uses for expenses shall be paid from funds Secretary considers relevant. Any blueberries; and to carry out programs, received by the USABC. contract or agreement shall provide that: plans, and projects designed to provide (e) With approval of the Secretary, the (1) The contractor or agreeing party maximum benefits to the blueberry USABC may borrow money for the shall develop and submit to the USABC industry. payment of administrative expenses, a program, plan, or project together with subject to the same fiscal, budget, and a budget or budgets that shall show the § 1218.48 Prohibited activities. audit controls as other funds of the estimated cost to be incurred for such The USABC may not engage in, and USABC. Any funds borrowed by the program, plan, or project; shall prohibit the employees and agents USABC shall be expended only for (2) The contractor or agreeing party of the USABC from engaging in: startup costs and capital outlays and are shall keep accurate records of all its (a) Any action that would be a conflict limited to the first year of operation of transactions and make periodic reports of interest; and the USABC. to the USABC of activities conducted, (b) Using funds collected by the (f) The USABC may accept voluntary submit accounting for funds received USABC under the Order to undertake contributions, but these shall only be
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§ 1218.54 Programs, plans, and projects. this subpart shall be the property of the § 1218.62 Confidential treatment. (a) The USABC shall receive and U.S. Government as represented by the All information obtained from books, evaluate, or on its own initiative USABC and shall, along with any rents, records, or reports under the Act, this develop, and submit to the Secretary for royalties, residual payments, or other subpart, and the regulations issued approval any program, plan, or project income from the rental, sales, leasing, thereunder shall be kept confidential by authorized under this subpart. Such franchising, or other uses of such all persons, including all employees and programs, plans, or projects shall patents, copyrights, trademarks, former employees of the USABC, all provide for: information, publications, or product officers and employees and former (1) The establishment, issuance, formulations, inure to the benefit of the officers and employees of contracting effectuation, and administration of USABC; shall be considered income and subcontracting agencies or agreeing appropriate programs for promotion, subject to the same fiscal, budget, and parties having access to such research, and information, including audit controls as other funds of the information. Such information shall not producer and consumer information, USABC; and may be licensed subject to be available to USABC members, with respect to fresh and processed approval by the Secretary. Upon producers, importers, exporters, or first blueberries; and termination of this subpart, § 1218.73 handlers. Only those persons having a (2) The establishment and conduct of shall apply to determine disposition of specific need for such information to research with respect to the use, all such property. effectively administer the provisions of nutritional value, sale, distribution, and Reports, Books, and Records this subpart shall have access to such marketing of fresh and processed information. Only such information so blueberries, and the creation of new § 1218.60 Reports. obtained as the Secretary deems products thereof, to the end that the (a) Each first handler subject to this relevant shall be disclosed by them, and marketing and use of blueberries may be subpart may be required to provide to then only in a judicial proceeding or encouraged, expanded, improved, or the USABC periodically such administrative hearing brought at the made more acceptable and to advance information as may be required by the direction, or on the request, of the the image, desirability, or quality of USABC, with the approval of the Secretary, or to which the Secretary or fresh and processed blueberries. Secretary, which may include but not be any officer of the United States is a (b) No program, plan, or project shall limited to the following: party, and involving this subpart. be implemented prior to its approval by Nothing in this section shall be deemed the Secretary. Once a program, plan, or (1) Number of pounds handled; to prohibit: project is so approved, the USABC shall (2) Number of pounds on which an (a) The issuance of general statements take appropriate steps to implement it. assessment was collected; based upon the reports of the number of (c) Each program, plan, or project (3) Name and address of person from persons subject to this subpart or implemented under this subpart shall be whom the first handler has collected the statistical data collected therefrom, reviewed or evaluated periodically by assessments on each pound handled; which statements do not identify the the USABC to ensure that it contributes and information furnished by any person; to an effective program of promotion, (4) Date collection was made on each and research, or information. If it is found by pound handled. All reports are due to (b) The publication, by direction of the USABC that any such program, plan, the USABC 30 days after the end of the the Secretary, of the name of any person or project does not contribute to an crop year. who has been adjudged to have violated effective program of promotion, (b) Each producer and importer this subpart, together with a statement research, or information, then the subject to this subpart may be required of the particular provisions of this USABC shall terminate such program, to provide to the USABC periodically subpart violated by such person. plan, or project. such information as may be required by (d) No program, plan, or project Miscellaneous the USABC, with the approval of the including advertising shall be false or Secretary, which may include but not be § 1218.70 Right of the Secretary. misleading or disparaging another limited to the following: All fiscal matters, programs, plans, or agricultural commodity. Blueberries of projects, rules or regulations, reports, or all origins shall be treated equally. (1) Number of pounds produced; (2) Number of pounds on which an other substantive actions proposed and § 1218.55 Independent evaluation. assessment was paid; prepared by the USABC shall be submitted to the Secretary for approval. The USABC shall, not less often than (3) Name and address of the producer; every five years, authorize and fund, (4) Date collection was made on each § 1218.71 Referenda. from funds otherwise available to the pound produced. USABC, an independent evaluation of (a) Initial Referendum. The Order the effectiveness of the Order and other All reports are due to the USABC 30 shall not become effective unless: programs conducted by the USABC days after the end of the crop year. (1) The Secretary determines that the Order is consistent with and will pursuant to the Act. The USABC shall § 1218.61 Books and records. submit to the Secretary, and make effectuate the purposes of the Act; and available to the public, the results of Each first handler, producer, and (2) The Order is approved by a each periodic independent evaluation importer subject to this subpart shall majority of producers and importers conducted under this paragraph. maintain and make available for voting for approval who also represent inspection by the Secretary such books a majority of the volume of blueberries § 1218.56 Patents, copyrights, trademarks, and records as are necessary to carry out represented in the referendum who, information, publications, and product the provisions of this subpart and the during a representative period formulations. regulations issued thereunder, including determined by the Secretary, have been Patents, copyrights, trademarks, such records as are necessary to verify engaged in the production or information, publications, and product any reports required. Such records shall importation of blueberries. formulations developed through the use be retained for at least 2 years beyond (b) Subsequent referenda. Every five of funds received by the USABC under the fiscal period of their applicability. years, the Secretary shall hold a
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Part IV
Department of Education 34 CFR Part 637 Minority Science and Engineering Improvement Program; Final Rule and Notice
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DEPARTMENT OF EDUCATION Secretary has determined pursuant to 5 of Federal Regulations is available on GPO U.S.C. 553(b)(B) that public comment on Access at: http://www.access.gpo.gov/nara/ 34 CFR Part 637 the regulations is unnecessary and index.html. contrary to the public interest. (Catalog of Federal Domestic Assistance Minority Science and Engineering Number 84.120A) Improvement Program Regulatory Flexibility Act Certification List of Subjects in 34 CFR Part 637 The Secretary certifies that these AGENCY: Department of Education. regulations would not have a significant Colleges and universities, Grant ACTION: Final regulations. economic impact on a substantial programs-education, Reporting and recordkeeping requirements. SUMMARY: We amend the regulations number of small entities. The small governing the Minority Science and entities affected would be small Dated: February 8, 2000. Engineering Improvement Program minority institutions of higher A. Lee Fritschler, (MSEIP) to conform them to statutory education. These regulations would not Assistant Secretary for Postsecondary changes made to this program by the have a significant economic impact on Education. any of the institutions affected because Higher Education Amendments of 1998 For the reasons discussed in the (1998 Amendments). These revisions they do not make any substantive changes to the existing regulations but preamble, the Secretary amends Title 34 make the regulations consistent with the of the Code of Federal regulations by applicable statutory provisions. only conform them to current statutory provisions. revising part 637 as follows: EFFECTIVE DATES: These regulations are 1. The title of Part 637 is revised to effective March 16, 2000. Paperwork Reduction Act of 1995 read as follows: FOR FURTHER INFORMATION CONTACT: These regulations do not contain any PART 637ÐMINORITY SCIENCE AND Deborah Newkirk, U.S. Department of information collection requirements. Education, 1990 K Street, NW, 6th ENGINEERING IMPROVEMENT Floor, Washington, DC 20006–8512. Intergovernmental Review PROGRAM Telephone: (202) 502–7591 or e-mail This program is subject to the 2. The authority citation for part 637 address [email protected]. If requirements of Executive Order 12372 is revised to read as follows: you use a telecommunication device for and the regulations in 34 CFR part 79. the deaf (TDD), you may call the Federal The objective of the Executive order is Authority: 20 U.S.C. 1067–1067c, 1067g– Information Relay Service (FIRS) at 1– 1067k, 1068, and 1068b, unless otherwise to foster an intergovernmental noted. 800–877–8339. partnership and a strengthened 3. Section 637.1 is revised to read as Individuals with disabilities may federalism by relying on processes follows: obtain this document in an alternate developed by State and local format (e.g., Braille, large print, audio government for coordination and review § 637.1 What is the Minority Science and tape or computer diskette) on request to of proposed Federal financial assistance. Engineering Improvement Program the contact person listed in the In accordance with the order, we (MSEIP)? preceding paragraph. intend this document to provide early The Minority Science and SUPPLEMENTARY INFORMATION: The notification of the Department’s specific Engineering Improvement Program MSEIP is now authorized under Title III, plans and actions for this program. (MSEIP) is designed to effect long-range Part E of the Higher Education Act of Assessment of Education Impact improvement in science and 1965, as amended (HEA). However, engineering education at predominantly prior to the 1998 Amendments (Pub. L. Based on our own review, we have minority institutions, and to increase 105–244), it was authorized under Title determined that these final regulations the flow of underrepresented ethnic X of the HEA. do not require transmission of minorities, particularly minority The 1998 Amendments made several information that any other agency or women, into scientific and other changes to the HEA with regard to authority of the United States gathers or technological careers. makes available. MSEIP that require conforming changes (Authority: 20 U.S.C. 1067–1067c, 1067g– to the program regulations. These Electronic Access to This Document 1067k, 1068, and 1068b, unless otherwise statutory amendments incorporated in noted) the regulations in part 637 include: You may view this document, as well • Requiring two-year minority as all other Department of Education 4. Section 637.2 is revised to read as institutions to partner with four-year documents published in the Federal follows: Register, in text or Adobe Portable institutions; § 637.2 Who is eligible to receive a grant? • Expanding the definition eligible Document Format (PDF) on the Internet The following are eligible to receive a institutions; and at either of the following sites: grant under this part: • http://ocfo.ed.gov/fedreg.htm Including behavioral sciences in the (a) Public and private nonprofit http://www.ed.gov/news.html definition of science programs. institutions of higher education that— Waiver of Proposed Rulemaking To use the PDF you must have the (1) Award baccalaureate degrees; and Adobe Acrobat Reader Program with (2) Qualify as minority institutions as It is the practice of the Secretary to Search, which is available free at either defined in § 637.4. offer interested parties the opportunity of the previous sites. If you have (b) Public or private nonprofit to comment on proposed regulations in questions about using the PDF, call the institutions of higher education that— accordance with the Administrative U.S. Government Printing Office (GPO), (1) Award associate degrees; Procedure Act (5 U.S.C. 553). However, toll free, at 1–888–293–6498; or in the (2) Qualify as minority institutions as since these changes merely incorporate Washington, DC area at (202) 512–1530. defined in § 637.4; statutory amendments into the Note: The official version of this document (3) Have a curriculum that includes regulations and do not implement is the document published in the Federal science or engineering subjects; and substantive policy, public comment Register. Free Internet access to the official (4) Enter into a partnership with could have no effect. Therefore, the edition of the Federal Register and the Code public or private nonprofit institutions
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DEPARTMENT OF EDUCATION Applications Available: February 15, 98, and 99; and (b) The regulations in 2000. 34 CFR part 637. [CFDA No. 84.120A] Deadline for Intergovernmental Note: The regulations in 34 CFR part 86 Office of Postsecondary Education, Review: May 26, 2000. apply to institutions of higher education U.S. Department of Education Minority Eligible Applicants: (a) For only. institutional, design, and special Science and Engineering Improvement Project Period: Up to 36 months. Program; Notice Inviting Applications projects described respectively in 34 for New Awards for Fiscal Year (FY) CFR 637.14 (a), (b), and (c)—public and For Information Contact: Mr. Kenneth 2000 Under the Minority Science and nonprofit private minority institutions Waters or Ms. Deborah Newkirk, Engineering Improvement Program as defined in section 361 (1) and (2) of Institutional Development and the HEA. Undergraduate Education Service, U.S. Purpose of Program: The Minority (b) For special projects described in Department of Education, 1990 K Street, Science and Engineering Improvement 34 CFR 637.14 (b) and (c)—nonprofit NW, 6th Floor, Washington, DC 20006– Program (MSEIP) is designed to effect organizations, institutions, and 8517 Telephone: 202/502–7591 or by long-range improvement in science and consortia as defined in section 361 (3) Internet to [email protected]. engineering education at predominantly and (4) of the HEA. The government encourages applicants minority institutions and to increase the (c) For cooperative projects described to FAX requests for applications to (202) flow of underrepresented ethnic in 34 CFR 637.15—groups of nonprofit 502–7861. Individuals who use a minorities, particularly minority accredited colleges and universities telecommunications device for the deaf women, into scientific careers. whose primary fiscal agent is an eligible (TDD) may call the Federal Information Eligibility for Grants: Under Section minority institution as defined in 34 Relay Service (FIRS) at 1–800–877– 361 of Title III of the Higher Education CFR 637.4(b). Act (HEA), as amended, the following 8339. Individuals with disabilities may Notes: 1. A minority institution is defined obtain this document in an alternate entities are eligible to receive a grant in 34 CFR 637.4(b) as an accredited college under the MSEIP: format (e.g., Braille, large print, or university whose enrollment of a single audiotape, or computer diskette) on (1) Public and private nonprofit minority group or combination of minority institutions of higher education that: groups, as defined in 34 CFR 637.4(b), request to the contact person listed in (A) Award baccalaureate degrees; and exceeds 50 percent of the total enrollment. the preceding paragraph. However, the (B) Are minority institutions; 2. Section 365(4) of the HEA now defines Department is not able to reproduce in (2) Public or private nonprofit the term ‘‘science’’ to include ‘‘behavior an alternate format the standard forms institutions of higher education that: science.’’ included in the application package. (A) Award associate degrees; and (B) Estimated Range and Average Size of Electronic Access to This Document: Are minority institutions that: Awards: The amounts referenced below You may view this document, as well as (i) Have a curriculum that includes are advisory and represent the all other Department of Education science or engineering subjects; and Department’s best estimate at this time. documents published in the Federal (ii) Enter into a partnership with The average size of an award is the Register, in text or Adobe Portable public or private nonprofit institutions estimate for a single-year project or for of higher education that award Document Format (PDF) on the Internet the first budget period of a multi-year at either of the following sites: baccalaureate degrees in science and project. engineering; Institutional http://ocfo.ed.gov/fedreg/htm (3) Nonprofit science-oriented Estimated Range of Awards: http://www.ed.gov/news.html organizations, professional scientific $100,000–$200,000 societies, and institutions of higher To use the PDF you must have the Estimated Average Size of Awards: education that award baccalaureate Adobe Acrobat Reader Program with $120,000 degrees, that: Estimated Number of Awards: 21 Search, which is available free at either (A) Provide a needed service to a Design of the previous sites. If you have group of minority institutions; or Estimated Range of Awards: $15,000– questions about using the PDF, call the (B) Provide in-service training for $20,000 U.S. Government Printing Office (GPO) project directors, scientists, and Estimated Average Size of Awards: toll free at 1–888–293–6498; or in the engineers from minority institutions; or Washington, DC, area at (202) 512–1530. (4) Consortia of organizations that $19,000 Note: The official version of this document provide needed services to one or more Estimated Number of Awards: 3 Special is the document published in the Federal minority institutions, the membership Register. Free Internet access to the official of which may include: Estimated Range of Awards: $20,000– $150,000 edition of the Federal Register and the Code (A) Institutions of higher education of Federal Regulations is available on GPO that have a curriculum in science and Estimated Average Size of Awards: $26,300 Access at: http://www.access.gpo.gov/nara/ engineering; index.html (B) Institutions of higher education Estimated Number of Awards: 10 that have a graduate or professional Cooperative Program Authority: Sections 301 (a), (b), program in science or engineering; Estimated Range of Awards: and 307 of the Higher Education (C) Research laboratories of, or under $100,000–$500,000 Amendments of 1998, Public Law 105–244, contract with, the Department of Energy; Estimated Average Size of Awards: 112 Stat. 1581. $280,000 (D) Private organizations that have Dated: February 8, 2000. science or engineering facilities; or Estimated Number of Awards: 3 (E) Quasi-governmental entities that Applicable Regulations: Regulations A. Lee Fritschler, have a significant scientific or applicable to this program are (a) The Assistant Secretary, Office of Postsecondary engineering mission. Education Department General Education. Deadline for Application Transmittal: Administrative Regulations (EDGAR) in [FR Doc. 00–3330 Filed 2–14–00; 8:45 am] March 27, 2000. 34 CFR parts 74, 75, 77, 79, 83, 86, 97, BILLING CODE 4000±01±P
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Part V
Department of Education Rehabilitation Short-Term Training; Inviting Applications for New Awards for Fiscal Year (FY) 2000; Notices
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DEPARTMENT OF EDUCATION and suggested changes the Secretary is possess the knowledge and skills not legally authorized to make under the necessary to compete in a global Rehabilitation Short-Term Training applicable statutory authority—are not economy and exercise the rights and addressed. responsibilities of citizenship. The final AGENCY: Office of Special Education and The Secretary has made no changes in Rehabilitative Services, Department of priority furthers the objectives of this this priority since publication of the Education. Goal by focusing available funds on notice of proposed priority. projects that improve the skills of Client ACTION: Notice of final priority for fiscal Assistance Program personnel, which Priority year (FY) 2000 and subsequent fiscal will improve the responsiveness of the years. Under 34 CFR 75.105(c)(3), the vocational rehabilitation system to Secretary gives an absolute preference to SUMMARY: The Secretary announces a adults with disabilities and their final funding priority for FY 2000 and applications that meet the following vocational pursuits. priority. The Secretary funds under this subsequent fiscal years under the Intergovernmental Review Rehabilitation Short-Term Training competition only applications that meet program. The Secretary takes this action this absolute priority: This program is subject to the A project must— to support special seminars, institutes, requirements of Executive Order 12372 • Provide training to Client workshops, and other short-term and the regulations in 34 CFR part 79. Assistance Program (CAP) personnel on courses in technical matters relating to The objective of the Executive order is an as-needed basis, including— to foster an intergovernmental the vocational, medical, social, and (1) Management training on skills partnership and a strengthened psychological rehabilitation programs, needed for strategic and operational federalism by relying on processes independent living services programs, planning and direction of CAP services; developed by State and local and client assistance programs. (2) Advocacy training on skills and governments for coordination and EFFECTIVE DATE: This priority is effective knowledge needed by CAP staff to assist review of proposed Federal financial on March 16, 2000. persons with disabilities to gain access assistance. FOR FURTHER INFORMATION CONTACT: to and to use the services and benefits Beverly Steburg, U.S. Department of available under the Rehabilitation Act of In accordance with the order, this Education, 61 Forsyth Street, SW, Room 1973, as amended, with particular document is intended to provide early 18T91, Atlanta, Georgia 30303. emphasis on new statutory and notification of the Department’s specific Telephone: (404) 562–6336. If you use a regulatory requirements; plans and actions for this program. telecommunications device for the deaf (3) Systemic advocacy training on Applicable Program Regulations: 34 (TDD), you may call the TDD number at skills and knowledge needed by CAP CFR parts 385 and 390. (404) 562–6347. Internet address: staff to address programmatic issues of Program Authority: 29 U.S.C. 721 (b) Beverly—[email protected] concern; and (e) and 796(e). Individuals with disabilities may (4) Training and technical assistance Electronic Access to This Document: obtain this document in an alternate on CAP best practices; and You may view this document, as well as format (e.g., Braille, large print, (5) Training on skills and knowledge all other Department of Education audiotape, or computer diskette) on needed by CAP staff to perform documents published in the Federal request to the contact person listed in additional responsibilities required by Register, in text or Adobe Portable the preceding paragraph. the Workforce Investment Act of 1998, Document Format (PDF) on the Internet SUPPLEMENTARY INFORMATION: as amended. This at either of the following sites: notice contains a final priority under the • Coordinate training efforts with Rehabilitation Short-Term Training other training supported by the http://ocfo.ed.gov/fedreg.htm program. The Short-Term Training Rehabilitation Services Administration, http://www.ed.gov.news.html program is authorized under section as well as with the training supported To use the PDF you must have the 302(a) of the Rehabilitation Act of 1973, by the Center for Mental Health Services Adobe Acrobat Reader Program with as amended. and the Administration on Search, which is available free at either On October 22, 1999 the Secretary Developmental Disabilities on common of the previous sites. If you have published a notice of proposed priority areas such as protection and advocacy, questions about using the PDF, call the for this program in the Federal Register financial management, and trial U.S. Government Printing Office (GPO), (64 FR 57352). advocacy. • toll free, at 1–888–293–6498; or in the Note: This notice of final priority does not Include both national and regional Washington, DC area at (202) 512–1530. solicit applications. A notice inviting training seminars in each project year. Note: The official version of this document applications under this competition is is the document published in the Federal published in a separate notice in this issue Goals 2000: Educate America Act Register. Free Internet access to the official of the Federal Register. The Goals 2000: Educate America Act edition of the Federal Register and the Code (Goals 2000) focuses the Nation’s Public Comment of Federal Regulations is available on GPO education reform efforts on the eight Access at: http://www.access.gpo.gov/nara/ In response to the Secretary’s National Education Goals and provides index.html. invitation in the notice of proposed a framework for meeting them. Goals priority, seven parties submitted 2000 promotes new partnerships to (Catalog of Federal Domestic Assistance comments. All seven commenters strengthen schools and expands the Number 84.246K. Rehabilitation Short-Term supported the priority, and several Department’s capacities for helping Training) provided examples of how similar communities to exchange ideas and Dated: February 9, 2000. training has been of benefit in the past. obtain information needed to achieve Judith E. Heumann, One commenter suggested 16 specific the goals. Assistant Secretary for Special Education and training topics, all of which could be This final priority addresses the Rehabilitative Services. addressed under the priority as written. National Education Goal that every [FR Doc. 00–3442 Filed 2–14–00; 8:45 am] Technical and other minor changes— adult American will be literate and will BILLING CODE 4000±01±U
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DEPARTMENT OF EDUCATION well as all text in charts, tables, figures, Individuals with disabilities may and graphs. obtain a copy of the application package [CFDA No.: 84.246K] If you use a proportional computer in an alternate format by contacting the Rehabilitation Short-Term Training; font, you may not use a font smaller Grants and Contracts Services Team, Notice Inviting Applications for New than 12-point font or an average U.S. Department of Education, 400 Awards for Fiscal Year (FY) 2000 character density greater than 18 Maryland Avenue, SW., room 3317, characters per inch. If you use a Switzer Building, Washington, DC Purpose of Program: The Short-Term nonproportional font or a typewriter, 20202–2550. Telephone: (202) 205– Training program supports special you may not use more than 12 8351. If you use a telecommunications seminars, institutes, workshops, and characters per inch. device for the deaf (TDD), you may call other short-term courses in technical The page limit does not apply to Part the Federal Information Relay Service matters relating to the vocational, I, the cover sheet; Part II, the budget (FIRS) at 1–800–877–8339. However, medical, social, and psychological section, including the narrative budget the Department is not able to reproduce rehabilitation programs, independent justification; Part IV, the assurances and in an alternate format the standard living services programs, and client certifications; or the one-page abstract, forms included in the application assistance programs. the resumes, the bibliography, or the package. For FY 2000 the competition for new letters of support. However, you must For Further Information Contact: awards focuses on projects designed to include all of the application narrative Beverly Steburg, U.S. Department of meet the priority that we describe in the in Part III. Education, 61 Forsyth Street, S.W., PRIORITY section of this application If, in order to meet the page limit, you Room 18T91, Atlanta, Georgia 30303. notice. use print size, spacing, or margins Telephone: (404) 562–6336. If you use a Eligible Applicants: State agencies smaller than the standards specified in telecommunications device for the deaf and public or nonprofit agencies and this notice, we will not consider your (TDD), you may call the TDD number at organizations, including Indian tribes application for funding. (404) 562–6347. Internet address: and institutions of higher education, are Applicable Regulations: (a) The [email protected]. eligible for assistance under the Education Department General Rehabilitation Short-Term Training Administrative Regulations (EDGAR) in Individuals with disabilities may program. 34 CFR parts 74, 75, 77, 79, 80, 81, 82, obtain this document in an alternate Deadline for Transmittal of 85, and 86; and (b) The regulations for format (e.g., Braille, large print, Applications: April 3, 2000. this program in 34 CFR parts 385 and audiotape, or computer diskette) on Deadline for Intergovernmental 390. request to the contact person listed in Review: June 2, 2000. the preceding paragraph. Priority Applications Available: February 16, Electronic Access to This Document 2000. This competition focuses on projects Available Funds: $200,000. designed to meet the absolute priority in You may view this document, as well Estimated Range of Award: $175,000 the notice of final priority for this as all other Department of Education to $200,000. program, published elsewhere in this documents published in the Federal Estimated Average Size of Award: issue of the Federal Register. Register, in text or Adobe Portable $200,000. Under 34 CFR 75.105(c)(3), we Document Format (PDF) on the Internet Estimated Number of Awards: 1. consider only applications that meet the at either of the following sites: Note: The Department is not bound by any absolute priority. http://ocfo.ed.gov/fedreg.htm estimates in this notice. Selection Criteria: In evaluating an http://www.ed.gov/news.html Maximum Award: In no case does the application for a new grant under this To use the PDF you must have the Secretary make an award greater than competition, the Secretary uses Adobe Acrobat Reader Program with $200,000 for a single budget period of selection criteria chosen from the Search, which is available free at either 12 months. The Secretary rejects and general selection criteria in 34 CFR of the previous sites. If you have does not consider an application that 75.210 of EDGAR. The selection criteria questions about using the PDF, call the proposes a budget exceeding this to be used for this competition will be U.S. Government Printing Office (GPO), maximum amount. provided in the application package for toll free, at 1–888–293–6498; or in the Project Period: Up to 60 months. this competition. Washington, DC, area at (202) 512–1530. Page Limit: Part III of the application, For Applications Contact: Education Note: The official version of this document the application narrative, is where you, Publications Center (ED Pubs), P.O. Box is the document published in the Federal the applicant, address the selection 1398, Jessup, MD 20794–1398. Register. Free Internet access to the official criteria used by reviewers in evaluating Telephone (toll free): 1–877–433–7827. edition of the Federal Register and the Code the application. You must limit Part III FAX: (301) 470–1244. If you use a of Federal Regulations is available on GPO to the equivalent of no more than 35 telecommunications device for the deaf Access at: http://www.access.gpo.gov/nara/ pages, using the following standards: (TDD), you may call (toll free): 1–877– index.html ″ × ″ (1) A page is 8.5 11 , on one side 576–7734. You may also contact ED Program Authority: 29 U.S.C. 774. only with 1″ margins at the top, bottom, Pubs via its Web site (http:// and both sides. www.ed.gov/pubs/edpubs.html) or its Dated: February 9, 2000. (2) You must double space (no more E-mail address ([email protected]). If Judith E. Heumann, than three lines per vertical inch) all you request an application from Ed Assistant Secretary for Special Education and text in the application narrative, Pubs, be sure to identify this Rehabilitative Services. including titles, headings, footnotes, competition as follows: CFDA number [FR Doc. 00–3443 Filed 2–14–00; 8:45 am] quotations, references, and captions, as 84.246K. BILLING CODE 4000±01±U
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Part VI
Department of Education Comprehensive Local Reform Assistance; Notice Inviting Applications From Local Educational Agencies (LEAs) in Montana and Oklahoma for New Awards With Fiscal Year (FY) 1999 and FY 2000 Funds Under the Goals 2000; Educate America Act 7682 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices
DEPARTMENT OF EDUCATION The Secretary does not intend to receive funding under this competition. conduct competitions for FY 2000 Section 427 requires each applicant to [CFDA No.: 84.317] funds. Instead, pursuant to 34 CFR describe the steps it proposes to take to 75.253, the Secretary intends to make address one or more barriers (i.e., Comprehensive Local Reform continuation awards from the FY 2000 gender, race, national origin, color, Assistance; Notice Inviting allotments to each grantee that has made disability, or age) that can impede Applications From Local Educational substantial progress toward meeting the equitable access to, or participation in, Agencies (LEAs) in Montana and objectives in its approved application. the program. A restatement of Oklahoma for New Awards With Fiscal Project Period: Up to 24 months. compliance with civil rights Year (FY) 1999 and FY 2000 Funds Estimated Range of Awards: $30,000– requirements is not sufficient to meet Under the Goals 2000: Educate $750,000 annually. the GEPA 427 requirements. America Act The sizes of the awards requested SUPPLEMENTARY INFORMATION: should be governed by the size of the Note to Applicants: This notice is a (a) Background complete application package. Together LEA or consortium and the scope of the with the statute authorizing the program proposed project. The Secretary will Section 304(e) of the Goals 2000: and the Education Department General consider each applicant’s request and Educate America Act (Pub. L. 103–227) Administrative Regulations (EDGAR), the needs of all successful applicants in (20 U.S.C. 5801 et seq.) (the Act) the notice contains all of the determining the amount of each grant authorizes the Secretary to award direct information, application requirements, award. The Department of Education is grants to LEAs in States that were not and instructions needed to apply for a not bound by the estimates in this participating in Goals 2000 as of grant under this competition. notice. October 20, 1995, if the applicable SEA Purpose of Program: To assist local Estimated Average Size of FY 1999 approves the LEAs’ participation in the educational agencies (LEAs) in the and FY 2000 Awards: $109,000 program. Oklahoma and Montana were development and implementation of annually. not participating in Goals 2000 as of that Estimated Numbers of Awards: 40 in comprehensive local improvement date, and the Oklahoma and Montana Oklahoma; 20 in Montana. plans directed at enabling all children to SEAs have approved LEA participation reach challenging academic standards. Note: Consistent with section 309(c) of the in this direct grant program. Eligible Applicants: LEAs in Goals 2000 Act, the Secretary will award at The Secretary has determined that least 50 percent of each State’s available Oklahoma and Montana are eligible to grants awarded under section 304(e) allotment to LEAs that have a greater will be used to support the development apply for grants. The Secretary is percentage or number of disadvantaged especially interested in receiving children than the statewide average and implementation of comprehensive applications from consortia of LEAs in percentages or numbers for all LEAs in each local improvement plans designed to each State. respective State. The Department may waive help all children reach challenging LEAs or consortia of LEAs in this provision if it does not receive a academic standards. In particular, the Oklahoma and Montana that have sufficient number of applications from such Secretary encourages LEAs to address in previously received Goals 2000 funds districts. their applications how their reform are eligible to apply for funds under this Applicable Regulations: The strategies might include enhanced competition. However, in order that Education Department General preservice teacher education and other needy districts may benefit from Administrative Regulations (EDGAR) as professional development activities of Goals 2000 support, the Secretary is follows: educators that are directly connected to particularly interested in receiving (1) 34 CFR part 75 (Direct Grant challenging standards. applications from LEAs or consortia that Programs). Applicants that have already have not previously received Goals 2000 (2) 34 CFR part 77 (Definitions that developed comprehensive improvement funding. Apply to Department Regulations). plans may propose activities funded Note: This competition, authorized by (3) 34 CFR part 79 (Intergovernmental through the grant that are aligned with section 304(e) of the Goals 2000: Educate Review of Department of Education and carry out parts of this plan. Where America Act, is only for LEAs in Oklahoma Programs and Activities). appropriate, LEAs should use funds and Montana. LEAs in other States apply to (4) 34 CFR part 80 (Uniform awarded under this notice to build upon their respective State educational agency for Administrative Requirements for Grants comprehensive reform strategies that funds under Title III of Goals 2000. and Cooperative Agreements to State have already been initiated with federal Applications Available: February 15, and Local Governments). and other resources. 2000. (5) 34 CFR part 81 (General Education Deadline for Transmittal of Provisions Act—Enforcement). Application Requirements Applications: March 15, 2000. (6) 34 CFR part 82 (New Restrictions The authorizing statute—section Deadline for Intergovernmental on Lobbying). 304(e) of the Act—permits the Secretary Review: May 14, 2000. (7) 34 CFR part 85 (Governmentwide to fund LEA applications that are Available Funds: For LEAs in Debarment and Suspension consistent with the provisions of Goals Oklahoma: $5,410,428 in FY 1999; (Nonprocurement) and 2000. Grants under this competition $5,376,407 (estimated) in FY 2000; For Governmentwide Requirements for will support the development and LEAs in Montana: $1,890,358 in FY Drug-Free Workplace (Grants)). implementation of comprehensive local 1999; $1,878,472 (estimated) in FY GEPA Section 427 Requirements: In improvement plans to help all students 2000. preparing applications, LEAs should reach challenging academic standards. In the event that there are an pay particular attention to the Local improvement plans that are insufficient number of funded requirements in section 427 of the developed or implemented with funds applications to use all of either State’s General Education Provisions Act awarded under section 304(e) must be allotment, the Secretary may reallot the (GEPA), as detailed later in this notice. consistent with the requirements in remaining funds consistent with the Applicants must address the sections 309(a)(3) (B) through (E) of the Act. requirements in section 427 in order to Act. Adapted to this direct grant Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7683 program, these requirements specify eligible to receive FY 2000 continuation Secretary considers the following that local plans— funding if they have completed factors: (1) Describe a process of broad-based development of a plan that meets the (i) The extent to which the proposed community participation in the plan requirements stated above. project is part of a comprehensive effort development, implementation, and An LEA that has already developed a to improve teaching and learning and evaluation of the local improvement comprehensive improvement plan may support rigorous academic standards for plan; seek FY 1999 and 2000 funds to students. (2) Address districtwide education implement the plan. The applicant must (ii) The extent to which the proposed improvement, directed at enabling all demonstrate that its existing plan meets project will be coordinated with similar students to meet the State content the plan requirements listed above. The or related efforts, and with other standards and State student applicant may do this, for example, by appropriate community, State, and performance standards, including providing a description of how its plan Federal resources. specific goals and benchmarks; reflect addresses these requirements and the (iii) The extent to which the proposed the priority of the State improvement progress the applicant has made in project is designed to build capacity and plan (if there is a comprehensive State implementing its plan. In addition, the yield results that will extend beyond the improvement plan) and include a applicant may demonstrate the period of Federal financial assistance. strategy for— comprehensiveness of the plan by (iv) The extent to which the goals, (a) Improving teaching and learning, providing evidence that the plan is objectives, and outcomes to be achieved with strategies such as enhanced coordinated with other LEA plans that, by the proposed project are clearly professional development and collectively, provide a framework for specified and measurable. preservice education activities aligned how federal and other funds are used to (3) Quality of project services. (15 to the standards; achieve the goals and objectives of the points) (b) Improving governance, district. (a) The Secretary considers the quality management, and accountability for An applicant should clearly explain of the services to be provided by the performance; and the strategies that will be funded under proposed project. (c) Generating, maintaining, and this award and how these strategies are (b) In determining the quality of the strengthening parental and community aligned with the comprehensive plan. services to be provided by the proposed involvement; The Secretary recommends that project, the Secretary considers the (3) Promote the flexibility of local applicants reserve in their budgets quality and sufficiency of strategies for schools in developing plans that address approximately $2,000 each year for ensuring equal access and treatment for the particular needs of their school and activities that will be designed by the eligible project participants who are community and are consistent with the Secretary, in conjunction with grantees, members of groups that have local improvement plan; and to facilitate the sharing among grantees traditionally been underrepresented (4) Describe how the LEA will of information on successful based on race, color, national origin, encourage and assist schools to develop comprehensive reform strategies. gender, age, or disability. and implement comprehensive school (c) In addition, the Secretary improvement plans that focus on Selection Criteria considers the following factors: helping all students reach State content The Secretary will use the following (i) The likelihood that the services to standards and student performance selection criteria and factors from 34 be provided by the proposed project standards. CFR 75.210 to evaluate applications will lead to improvements in the An LEA that applies for funds under under this competition. achievement of students as measured this program should indicate whether The maximum score for all of the against rigorous academic standards. funds are being requested to (a) develop criteria is 100 points. The maximum (ii) The extent to which the services and implement a plan in accordance score for each criterion is indicated in to be provided by the proposed project with the requirements of sections parenthesis with the criterion. The are focused on those with greatest 309(a)(3) (B) through (E) of the Act; or criteria and factors are as follows: needs. (b) implement an existing (1) Need for the project. (20 points) (iii) The extent to which the services comprehensive improvement plan that (a) The Secretary considers the need to be provided by the proposed project meets the requirements of sections for the proposed project. reflect up-to-date knowledge from 309(a)(3) (B) through (E) of the Act. (An (b) In determining the need for the research and effective practice. applicant that received FY 1995 and proposed project, the Secretary (4) Quality of project personnel. (5 1996 funding or FY 1997 and 1998 considers the following factors: points) funding under the previous two (i) The extent to which the proposed (a) The Secretary considers the quality competitions must have completed the project will provide services to or of the personnel who will carry out the development of a plan that meets the otherwise address the needs of students proposed project. stated requirements in order to be at risk of educational failure. (b) In determining the quality of eligible for funding under this (ii) The extent to which specific gaps project personnel, the Secretary competition.) or weaknesses in services, considers the extent to which the An LEA seeking funds to both infrastructure, or opportunities have applicant encourages applications for develop and implement a been identified and will be addressed by employment from persons who are comprehensive plan must demonstrate the proposed project, including the members of groups that have evidence of a clear process that will nature and magnitude of those gaps or traditionally been underrepresented result in a plan that meets the stated weaknesses. based on race, color, national origin, plan requirements. This evidence may (2) Quality of the project design. (33 gender, age, or disability. include a description of how points) (c) In addition, the Secretary stakeholders will be involved in plan (a) The Secretary considers the quality considers the qualifications, including development and specific steps and of the design of the proposed project. relevant training and experience, of key timelines for developing the plan. (b) In determining the quality of the project personnel. Successful applicants will only be design of the proposed project, the (5) Adequacy of resources. (5 points) 7684 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices
(a) The Secretary considers the (Note: In designing their evaluation plans, (2) A legible mail receipt with the adequacy of resources for the proposed applicants are encouraged to consider the date of mailing stamped by the U.S. project. sample performance measures included in Postal Service. (b) In determining the adequacy of this package) (3) A dated shipping label, invoice, or resources for the proposed project, the Intergovernmental Review of Federal receipt from a commercial carrier. Secretary considers the following Programs: (4) Any other proof of mailing factors: acceptable to the Secretary. This program is subject to the (i) The adequacy of support, including (c ) If an application is mailed through requirements of Executive order 12372 facilities, equipment, supplies, and the U.S. Postal Service, the Secretary (Intergovernmental Review of Federal other resources, from the applicant does not accept either of the following Programs) and the regulations in 34 CFR organization or the lead applicant as proof of mailing: Part 79. The objective of the Executive organization. (1) A private metered postmark. (ii) The extent to which the costs are order is to foster an intergovernmental partnership and to strengthen (2) A mail receipt that is not dated by reasonable in relation to the objectives, the U.S. Postal Service. design, and potential significance of the federalism by relying on State processes Notes: (1) The U.S. Postal Service does not proposed project. and on State, areawide, regional, and local coordination for review of uniformly provide a dated postmark. Before (iii) The potential for the relying on this method, an applicant should incorporation of project purposes, proposed Federal financial assistance. check with its local post office. Neither Oklahoma nor Montana has activities, or benefits into the ongoing (1) The Application Control Center adopted State intergovernmental review program of the agency or organization at will mail a Grant Application Receipt processes. Therefore, State, areawide, the end of Federal funding. Acknowledgment to each applicant. If (6) Quality of the management plan. regional, and local entities may submit an applicant fails to receive the (7 points) comments directly to the Department. notification of application receipt (a) The Secretary considers the quality Any comments submitted pursuant to within 15 days from the date of mailing of the management plan for the the executive order must be mailed or the application, the applicant should proposed project. hand-delivered by the date indicated in call the U.S. Department of Education (b) In considering the quality of the this notice to the following address: The management plan for the proposed Application Control Center at (202) Secretary, E.O. 12372—CFDA# 84.317, 708–9494. project, the Secretary considers the U.S. Department of Education, Room (2) The applicant must indicate on the following factors: 7E200, 400 Maryland Avenue, SW, envelope and in Item 10 of the (i) The adequacy of the management Washington, DC 20202–0125. Application for Federal Assistance plan to achieve the objectives of the Proof of mailing will be determined proposed project on time and within (Standard Form 424) the CFDA number on the same basis as applications (see 34 of the competition under which the budget, including clearly defined CFR 75.102). Recommendations or responsibilities, timelines, and application is being submitted (CFDA# comments may be hand-delivered until 84.317). milestones for accomplishing project 4:30 p.m. (EST) on the date indicated in tasks. this notice. Application Instructions and Forms (ii) The adequacy of mechanisms for PLEASE NOTE THAT THE ABOVE ensuring high-quality products and The appendix to this application is ADDRESS IS NOT THE SAME divided into three parts, plus a services from the proposed project. ADDRESS AS THE ONE TO WHICH (iii) How the applicant will ensure statement regarding estimated public THE APPLICANT SUBMITS ITS reporting burden and various assurances that a diversity of perspectives are COMPLETED APPLICATION. DO NOT brought to bear in the operation of the and certifications. These parts and SEND APPLICATIONS TO THE ABOVE additional materials are organized in the proposed project, including those of ADDRESS. parents, teachers, the business same manner that the submitted community, a variety of disciplinary Instructions for Transmittal of application should be organized. The and professional fields, recipients or Applications parts and additional materials are as beneficiaries of services, or others, as follows: (a) If an applicant wants to apply for Part I: Application for Federal appropriate. a grant, the applicant must— (7) Quality of the project evaluation. Assistance (Standard Form 424 (Rev. 4– (1) Mail the original and three copies (15 points) 88)) and instructions. (a) The Secretary considers the quality of the application on or before the Part II: Budget Information—Non- of the evaluation to be conducted of the deadline date to: U. S. Department of Construction Programs (Standard Form proposed project. Education, Application Control Center, 524) and instructions. (b) In determining the quality of the Attention: (CFDA # 84.317), Part III: Application Narrative. Washington, DC 20202–4725 evaluation, the Secretary considers the Additional Materials following factors: or (i) The extent to which the methods (2) Hand deliver the original and three Estimated Public Reporting Burden. of evaluation include the use of copies of the application by 4:30 p.m. Assurances—Non-Construction objective performance measures that are (Washington, DC time) on the deadline Programs (Standard Form 424B). clearly related to the intended outcomes date to: U.S. Department of Education, Certifications regarding Lobbying; of the project and will produce Application Control Center, Attention: Debarment, Suspension, and Other quantitative and qualitative data to the (CFDA# 84.317), Room #3633, Regional Responsibility Matters; and Drug-Free extent possible. Office Building #3, 7th and D Streets, Workplace Requirements (ED 80–0013). (ii) The extent to which the methods SW, Washington, DC. Certification regarding Debarment, of evaluation will provide performance (b) An applicant must show one of the Suspension, Ineligibility and Voluntary feedback and permit periodic following as proof of mailing: Exclusion: Lower Tier Covered assessment of progress toward achieving (1) A legibly dated U.S. Postal Service Transactions (ED 80–0014, 9/90) and intended outcomes. postmark. instructions. Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7685
(Note: ED 80–0014 is intended for the use of for the deaf (TDD) may call the Federal http://www.ed.gov/news.html grantees and should not be transmitted to the Information Relay Service (FIRS) at 1– Department) 800–877–8339 between 8 a.m. and 8 To use the PDF, you must have the Adobe Acrobat Reader Program with Disclosure of Lobbying Activities p.m., Eastern time. Search, which is available free at either (Standard Form LLL) (if applicable) and Individuals with disabilities may of the previous sites. If you have instructions. obtain this document in an alternate questions about using the PDF, call the GEPA Section 427 Notice to All format (e.g., Braille, large print, U.S. Government Printing Office (GPO), Applicants. audiotape, or computer diskette) on toll free at 1–888–293–6498; or in the An applicant may submit information request to the contact person listed in Washington, DC area at (202) 512–1530. on a photostatic copy of the application the preceding paragraph. and budget forms, the assurances, and Individuals with disabilities may Note: The official version of this document the certifications. However, the obtain a copy of the application package is the document published in the Federal application form, the assurances, and in an alternate format, also, by Register. Free Internet access to the official the certifications must each have an contacting that person. However, the edition of the Federal Register and the Code original signature. No grant may be Department is not able to reproduce in of Federal Regulations is available on GPO awarded unless a completed application an alternate format the standard forms Access at: http://www.access.gpo.gov/nara/ form has been received. included in the application package. index.html FOR FURTHER INFORMATION CONTACT: Electronic Access To This Document Program Authority: Section 304(e) of the Marcia J. Kingman, U.S. Department of Goals 2000: Educate America Act, 20 USC Education, 400 Maryland Avenue, SW, You may view this document, as well 5884(b). Washington, DC 20202–6400, as all other Department of Education Dated: February 9, 2000. Telephone: (202) 401–0039, FAX: (202) documents published in the Federal 205–5870. This contact may also be Register, in text or Adobe Portable Michael Cohen, reached via e-mail at Document Format (PDF) on the Internet Assistant Secretary for Elementary and [email protected]. Individuals at either of the following sites: Secondary Education. who use a telecommunications device http://ocfo.ed.gov/fedreg.htm BILLING CODE 4000Ð01ÐU 7686 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7687 7688 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7689 7690 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7691 7692 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7693 7694 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7695 7696 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7697 7698 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices
BILLING CODE 4000±01±C a covered Federal action, or a material Congress, an officer or employee of Instructions for Completion of SF–LLL, change to a previous filing, pursuant to Congress, or an employee of a Member Disclosure of Lobbying Activities title 31 U.S.C. section 1352. The filing of Congress in connection with a of a form is required for each payment covered Federal action. Complete all This disclosure form shall be or agreement to make payment to any items that apply for both the initial completed by the reporting entity, lobbying entity for influencing or filing and material change report. Refer whether subawardee or prime Federal attempting to influence an officer or to the implementing guidance published recipient, at the initiation or receipt of employee of any agency, a Member of Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7699 by the Office of Management and Disclosure Act of 1995 engaged by the sufficient section 427 statement as Budget for additional information. reporting entity identified in item 4 to described below.) 1. Identify the type of covered Federal influence the covered Federal action. What Does This Provision Require? action for which lobbying activity is (b) Enter the full names of the and/or has been secured to influence the individual(s) performing services, and Section 427 requires each applicant outcome of a covered Federal action. include full address if different from for funds (other than an individual 2. Identify the status of the covered 10(a). Enter Last Name, First Name, and person) to include in its application a Federal action. Middle Initial (MI). description of the steps the applicant 3. Identify the appropriate 11. The certifying official shall sign proposes to take to ensure equitable classification of this report. If this is a and date the form, print his/her name, access to, and participation in, its followup report caused by a material title, and telephone number. Federally-assisted program for students, change to the information previously According to the Paperwork teachers, and other program reported, enter the year and quarter in Reduction Act, as amended, no persons beneficiaries with special needs. This which the change occurred. Enter the are required to respond to a collection provision allows applicants discretion date of the last previously submitted of information unless it displays a valid in developing the required description. report by this reporting entity for this OMB control number. The valid OMB The statute highlights six types of covered Federal action. control number for this information barriers that can impede equitable 4. Enter the full name, address, city, collection is OMB No. 0348–0046. access or participation: gender, race, State and zip code of the reporting Public reporting burden for this national origin, color, disability, or age. entity. Include Congressional District, if collection of information is estimated to Based on local circumstances, you known. Check the appropriate average 10 minutes per response, should determine whether these or classification of the reporting entity that including time for reviewing other barriers may prevent your designates if it is, or expects to be, a instructions, searching existing data students, teachers, etc. from such access prime or subaward recipient. Identify sources, gathering and maintaining the or participation in, the Federally-funded the tier of the subawardee, e.g., the first data needed, and completing and project or activity. The description in subawardee of the prime is the 1st tier. reviewing the collection of information. your application of steps to be taken to Subawards include but are not limited Send comments regarding the burden overcome these barriers need not be to subcontracts, subgrants and contract estimate or any other aspect of this lengthy; you may provide a clear and awards under grants. collection of information, including succinct description of how you plan to 5. If the organization filing the report suggestions for reducing this burden, to address those barriers that are in item 4 checks ‘‘Subawardee,’’ then the Office of Management and Budget, applicable to your circumstances. In enter the full name, address, city, State Paperwork Reduction Project (0348– addition, the information may be and zip code of the prime Federal 0046), Washington, DC 20503. provided in a single narrative, or, if recipient. Include Congressional appropriate, may be discussed in District, if known. Notice to All Applicants connection with related topics in the 6. Enter the name of the federal The purpose of this enclosure is to application. agency making the award or loan inform you about a new provision in the Section 427 is not intended to commitment. Include at least one Department of Education’s General duplicate the requirements of civil organizational level below agency name, Education Provisions Act (GEPA) that rights statutes, but rather to ensure that, if known. For example, Department of applies to applicants for new grant in designing their projects, applicants Transportation, United States Coast awards under Department programs. for Federal funds address equity Guard. 7. Enter the Federal program name or This provision is Section 427 of GEPA, concerns that may affect the ability of description for the covered Federal enacted as part of the Improving certain potential beneficiaries to fully action (item 1). If known, enter the full America’s Schools Act of 1994 (Pub. L. participate in the project and to achieve Catalog of Federal Domestic Assistance 103–382). to high standards. Consistent with program requirements and its approved (CFDA) number for grants, cooperative To Whom Does This Provision Apply? agreements, loans, and loan application, an applicant may use the Section 427 of GEPA affects commitments. Federal funds awarded to it to eliminate 8. Enter The most appropriate Federal applicants for new grant awards under barriers it identifies. this program. ALL APPLICANTS FOR identifying number available for the What Are Examples of How an Federal action identified in item 1 (e.g., NEW AWARDS MUST INCLUDE INFORMATION IN THEIR Applicant Might Satisfy the Request for Proposal (RFP) number; Requirement of This Provision? Invitations for Bid (IFB) number; grant APPLICATIONS TO ADDRESS THIS announcement number; the contract, NEW PROVISION IN ORDER TO The following examples may help grant, or loan award number; the RECEIVE FUNDING UNDER THIS illustrate how an applicant may comply application/proposal control number PROGRAM. with Section 427. assigned by the Federal agency). (If this program is a State-formula grant (1) An applicant that proposes to Included prefixes, e.g., ‘‘RFP–DE–90– program, a State needs to provide this carry out an adult literacy project 001.’’ description only for projects or activities serving, among others, adults with 9. For a covered federal action where that it carries out with funds reserved limited English proficiency, might there has been an award or loan for State-level uses. In addition, local describe in its application how it commitment by the Federal agency, school districts or other eligible intends to distribute a brochure about enter the Federal amount of the award/ applicants that apply to the State for the proposed project to such potential loan commitment for the prime entity funding need to provide this description participants in their native language. identified in item 4 or 5. in their applications to the State for (2) An applicant that proposes to 10. (a) Enter the full name, address, funding. The State would be responsible develop instructional materials for city, State and zip code of the lobbying for ensuring that the school district or classroom use might describe how it registrant under the Lobbying other local entity has submitted a will make the materials available on 7700 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices audio tape or in braille for students who Avenue, SW, FOB–6 Room 3E213, their achievements. One important are blind. Washington, DC 20202–6400. source of program information on (3) An applicant that proposes to successes and lessons learned is the Instructions for Part III: Application carry out a model science program for project evaluation and other information Narrative secondary students and is concerned collected under individual grants. that girls may be less likely than boys Before preparing the Application The U.S. Department of Education to enroll in the course, might indicate Narrative, an applicant should read supports the GPRA initiative that all how it intends to conduct ‘‘outreach’’ carefully the description of the program, agencies be held accountable for efforts to girls, to encourage their the background of the program, program success and is committed to enrollment. application requirements, and the forging a partnership with grantees that We recognize that many applicants selection criteria the Secretary will use will ensure accountability in the use of may already be implementing effective to evaluate these applications. Goals 2000 funds. To assist grantees in steps to ensure equity of access and The narrative should encompass each the process of creating an instrument for participation in their grant programs, function or activity for which funds are evaluating program goals and and we appreciate your cooperation in being requested and should— achievements, the form titled responding to the requirements of this 1. Begin with an Abstract that ‘‘Performance Measures Template’’ is provision. summarizes the proposed project; included in the application package. 2. Describe the proposed project in The Template identifies the key Estimated Burden Statement for GEPA light of the application requirements Requirements components for measuring performance and each of the selection criteria in the (Performance Objective, Baseline, The time required to complete this order in which the criteria are listed in Source of Data, Outcome) and gives an information collection is estimated to the application; and example of each component. Applicants vary from 1 to 3 hours per response, 3. Include any other pertinent are encouraged to incorporate the with an average of 1.5 hours, including information that might assist the components of the objectives described the time to review instructions, search Secretary in reviewing the application. in their performance plans into the existing data resources, gather and The Secretary strongly requests the template; applicants may also use maintain the data needed, and complete applicant to limit the Application another similar format. It is important, and review the information collection. If Narrative to no more than 20 pages however, that all applications are not you have any comments concerning the (double-spaced, typed on one-side only, only developed to achieve successful accuracy of the time estimate(s) or using font no smaller than 11 point). project outcomes, but that they also suggestions for improving this form, The Department has found that include a process to measure progress please write to: U.S. Department of successful applications for similar toward attaining those outcomes. Education, Washington, DC 20202– programs generally meet this page limit. 4651. In addition to the Application Narrative, The performance measures will be the applicant must include the cover used during the life of the grant to Paperwork Burden Statement form (SF–424), budget forms and budget ensure that project outcomes are According to the Paperwork narrative, assurances, and a statement achieved. Progress will be assessed via Reduction Act of 1995, no persons are regarding how the application meets the regularly scheduled communication, required to respond to a collection of requirements of GEPA 427. Any which may include telephone calls, information unless such collection supplemental attachments should be letters, and site visits, between displays a valid OMB control number. limited to those that are crucial to Department staff and the project The valid OMB control number for this supporting the integrity of the director. Where sufficient progress is information collection is 1810–0594. applicant’s project and how it has met not being achieved, the Department and The time required to complete this application requirements. the grantee will work together to information collection is estimated to identify strategies and resources to average 30 hours (or minutes) per Performance Measures overcome challenges and resolve response, including the time to review The Government Performance and problems. When necessary, the instructions, search existing data Results Act (GPRA) of 1993 places new Department and the grantee may modify resources, gather the data needed, and management expectations and the performance measures. complete and review the information requirements on Federal departments Performance Measures collection. If you have any comments and agencies by creating a framework TemplateComprehensive Local Reform concerning the accuracy of the time for more effective planning, budgeting, Assistance Grant (Goals 2000: Educate estimate(s) or suggestions for improving program evaluation, and fiscal America Act, Title III) this form, please write to: U.S. accountability for Federal programs. State: llllllllllllllllll Department of Education, Washington, The intent of the Act is to improve District: lllllllllllllllll DC 20202–4651. If you have comments public confidence by holding PR#: S317A980 lllllllllllll or concerns regarding the status of your departments and agencies accountable Consortium members (if applicable): individual submission of this form, for achieving program results. I1-2 llllllllllllllllll write directly to: Goals 2000, U.S. Departments must set program goals and I1-2 llllllllllllllllll Department of Education, 400 Maryland objectives and measure and report on I1-2 llllllllllllllllll Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7701
Performance objective Source of data Baseline Outcome
Teacher Training: As a result of providing training to A survey of teachers will be made 25% of district elementary teach- At least 75% of teachers will pro- all teachers regarding the use of to assess teacher proficiency in ers surveyed in 1998 reported vide instruction, as indicated in test data to make instructional using test data to inform deci- that they were proficient in their lesson plans, that has decisions, by the conclusion of sions about instruction; teach- using test data to inform in- been differentiated according to the 1999±2000 school year, ers' lesson plans will be exam- structional decision making. student proficiency revealed in 75% of teachers in the district in ined for evidence of test data the test data. the elementary grades will be driven instruction; and school proficient in using test data to in- administrators will observe the form instruction. implementation of such instruc- tion in the classroom.
Goals 2000 Comprehensive Local Application Facts funds, such as high mobility of the Reform Assistance Q & A • Who is eligible to apply for student population and extreme isolation from other resources. Please Introduction funding? Eligible applicants are LEAs as understand that the funding provided is The following questions and answers defined in Section 14101(18) of the not for the purpose of implementing a have been prepared to assist local Elementary and Secondary Education district’s entire comprehensive educational agencies (LEAs) as they Act of 1965. In general, if an agency is improvement plan. Rather, the funding apply for and use funds available under defined as an LEA for funding purposes, is coordinated with other Federal, State, Goals 2000, and as they develop and it meets the requirement of eligibility for and local resources to enable the district implement their local comprehensive this federal grant competition. to implement an aligned, standards- • improvement plans. This guidance How do eligible LEAs apply for based reform plan that is designed to should be read as a supplement to the funding? raise the achievement levels of all Application Notice, and does not The Secretary has published a notice students and simultaneously narrow the replace any of the information in the Federal Register inviting gap in achievement levels by different populations within the district. contained in the Notice. Please read the applications from LEAs in Montana and Oklahoma. The application deadline for • How long should the application Notice carefully to ensure that your the grant awards is as announced in the be? application addresses all requirements. Federal Register. The grant selection As stated in the notice, the In 1994, the Goals 2000: Educate criteria and application requirements application narrative should not exceed America Act was signed into law. The are detailed in the notice. Funds will be 20 pages in length. Attachments, other purpose of the Act is ‘‘to improve the awarded on a competitive basis for the than those that are required, should be quality of education for all students by development and implementation of kept to only those that are essential. • improving student learning through a comprehensive local improvement How long will it take for the long-term, broad-based effort to promote plans, or implementation of existing Department to review the application? coherent and coordinated improvements plans, designed to enable all children to Who will review the applications and in the system of education throughout reach challenging academic standards. how will they be reviewed? When will the Nation at the State and local levels.’’ • How much funding is available for the awards be made? Through Title III of this Act, states awards? The deadline for applications is the receive funding to develop and For LEAs in Oklahoma, the amounts date announced in the Federal Register. implement comprehensive plans for available from the State’s FY 1999 and A period of approximately two months improving education and provide 2000 allotments are $5,410,428 and is then needed to process the subgrants to districts to develop and $5,376,407 (estimated), respectively. For applications, conduct a peer review, and implement plans that are coordinated LEAs in Montana, the amounts are make funding decisions. The with the state plan. In 1995, the states $1,890,358 and $1,878,472 (estimated). applications will be reviewed by • of Montana and Oklahoma elected to How much funding can applicants individuals from states and districts that not participate in Goals 2000. request? are familiar with the purpose of Goals Included in the notice is an estimate 2000 grants. They will score the On April 26, 1996, the President of how many awards could be made applications based on the seven signed into law the Omnibus with an estimated average award selection criteria described in the Consolidated Rescissions and amount. These are only estimates. application notice. It is anticipated that Appropriations Act of 1996, which The funding range provided is based awards will be made in early June. amended portions of Titles II and III of on the allocations made to Montana and • What are the reporting the Goals 2000: Educate America Act. Oklahoma Goals 2000 grantees in the requirements? What are the future Under the Goals 2000 amendments, most recent competition (1998). The oversight activities by the federal LEAs in a state that was not amount of funding an applicant requests government for successful applicants? participating in Goals 2000 as of should be related to factors such as the LEAs are required to submit an October 25, 1995 may apply directly to number of students in the district(s), the annual report each year describing their the Department for a portion of their number of students in poverty or activities and accomplishments. This state’s Goals 2000 allotment, if the state otherwise educationally disadvantaged information must demonstrate that the educational agency (SEA) approves in the district(s), the needs and LEA is making substantial progress participation of its LEAs in the program. proposed activities of the district in towards achieving its goals and The Montana and Oklahoma SEAs have terms of implementing comprehensive objectives in order to receive second allowed their LEAs to participate in the standards-based reform, the expected year funding. Applicants that needed to competition for funding. The grants will results of such activities, and other complete development of a local be made for a two-year period. factors that create a higher need for comprehensive improvement plan in 7702 Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices order to meet the requirements (as noted and performance standards in Reading, applicant to address those elements not in the application) for such plan must Mathematics, World Language, included in the CLEP. have a plan that meets the requirements Technology, Science, Writing, Health • How should the local before receiving second year funds. Enhancement, Speaking and Listening, comprehensive plan be related to In addition to report requirements, Media Literacy, and Literature. The planning requirements for all programs, Department staff may call, visit, and/or Board of Education is currently revising federal, state, or local? convene multiple grantees to facilitate and preparing content and performance The comprehensive plan Goals 2000 the use of best practices, learn what standards in Social Science, Workplace supports should be the sole strategies are working and aren’t Competencies, and Library. comprehensive plan for the district. It is working, and verify that the grant is Pursuant to the application not a plan for use of Goals 2000 funds; being implemented according to the requirement that districts address rather, it describes how the district application. The applicant is subject to districtwide improvements to meet intends to improve its schools, using all a financial audit, as is the case with any these standards and Rule 10.55.603 of resources it has available. It is the grant of federal funds. the Montana Standards of Accreditation, district’s framework for reform. • Will new applicants be given a OPI plans to provide guidance to Other plans the district may have competitive preference over applicants districts to incorporate the new content should fit in under the general that previously received Goals 2000 and performance standards into the comprehensive plan. For instance, most funding? curriculum, establish curriculum and districts will have consolidated plans No. However, the Secretary is assessment development processes, and describing how they will use Federal particularly interested in receiving meet the other requirements of the State funds provided by the programs applications from LEAs that have not accreditation standards. In the included in the consolidation (or previously received Goals 2000 funding. comprehensive improvement plan individual plans for each of the An applicant may not receive funding to required through Goals 2000, an programs). These plans should describe develop a local comprehensive plan for applicant should include other how Federal funds will be used to more than one year. Therefore, strategies to implement the standards, support the comprehensive plan—the applicants that have previously received such as through professional Federal contribution. Likewise, Goals 2000 funds must have developed development activities that are aligned technology plans could describe, in the required local comprehensive plan to the standards (see the application greater detail, the role of technology in in order to be eligible for funding in this notice for the specific types of strategies the comprehensive plan. competition. Other applicants can be that must be addressed in the plan). • How should Goals 2000 funds be funded to develop and then implement Strategies such as professional used in relation to other funding sources plans that meet the plan requirements. development are critical to helping to support the comprehensive plan? teachers develop instructional The local comprehensive plan should Writing the Application approaches to assist students meet the provide direction for how the district • In the application notice, there is standards, demonstrate exemplary uses all resources available to it. Goals the requirement that local performance that meets the standards, 2000 resources should be focused on comprehensive plans ‘‘address and use data to determine what plan development and on districtwide education improvement, instructional approaches are working. implementation activities for which directed at enabling all students to meet The funding available through Goals other funds are not available. Other the State content standards and State 2000 can assist districts to take these resources that are targeted to a student performance standards, critical steps to implement the state particular strategy should be accounted including specific goals and standards. for first. The district can then determine benchmarks; reflect the priority of the the best use of the limited Goals 2000 State improvement plan (if there is a Oklahoma funds. For instance, Title III funds, comprehensive State improvement The State of Oklahoma requires all Technology Literacy Challenge Funds plan).’’ What does this requirement districts to develop a Comprehensive (TLCF), are for the purpose of improving mean within the particular contexts of Local Education Plan (CLEP) to address the use of technology in the classroom. Montana and Oklahoma? school improvement. In their plans, TLCF money could be used to provide districts review implementation of the professional development in teaching Montana state-mandated content standards, standards through the use of The Office of Public Instruction (OPI) Priority Academic Student Skills instructional technology. Goals 2000 is implementing a statewide initiative (PASS), and state performance funds could be used to help align for school improvement in Montana. standards as measured through the curriculum with the new standards. The This initiative lays out a framework for Oklahoma School Testing Program alignment of funds creates the potential how the SEA will support districts and (OSTP). for a greater systemic impact. Districts schools as they further student learning. Districts should address school reform should consider the best use of Goals The plan consists of five elements: identified in their CLEP in the goals 2000 funds in the context of the local Standards, Accreditation, Assessment, 2000 application and focus on comprehensive plan, State plan/ Education Profile, and Professional implementation of district reform. initiatives, and available resources. For Development/Teacher Certification. While the CLEP forms the basis of a instance, in Montana, other possible Applicants should be aware of and align school improvement plan, it may not uses of Goals 2000 funds could be to with the efforts that the State is taking fully meet the application requirements aggregate standardized test data at the within each of these project contained in the notice. (See district level, disaggregate data by components, where appropriate. The Application Requirements section.) For gender, race, socioeconomic status, etc., State has informed us that as part of the example, a plan developed under Goals and thereby help districts develop a standards work, the Montana Board of 2000 by a school district would include means for being eligible for Public Education and OPI, in strategies for improving governance and Performance-Based Accreditation. partnership with various educational management. Additional materials • The application requires that an organizations, has developed content would need to be provided by the applicant have a comprehensive Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / Notices 7703 improvement plan in place in order to individual district plans, such as • May local funds (other than federal implement it. Does this mean that no professional development activities grant funds) be used to hire a consultant implementation activities can be carried designed to help teachers create and use to develop a grant proposal? out until a plan is completely classroom assessments aligned to the Yes; however, the local district should developed? Do these requirements standards. Another potentially strong be aware that occasionally consultants imply that a plan, once developed, is to consortium is one between districts that use boilerplate applications. Such remain unchanged while it is being share the same students, such as an applications are inconsistent with the implemented? What if an LEA has an elementary district that feeds into a high aim of Goals 2000 grants which is to existing plan that meets some, but not school district or two K–12 district support local school reform built on all, of the elements required in the where students frequently move back assessment, planning, and improvement legislation? and forth between the districts. efforts that are tied to individual If an applicant does not have a Applying in consortium provides districts. comprehensive improvement plan that participating districts with an meets all of the plan requirements, its opportunity to present a stronger need Resources For Assistance primary focus in the first year should be for funding, have higher quality to develop the additional components of U.S. Department of Education: Goals strategies, and have a stronger case to its plan to make it complete. In addition 2000 office meet other selection criteria for this to these plan development activities, the competition. However, the purposes for For assistance with application applicant may use funds to implement a consortium, its benefit to the districts, requirements: Marcia J. Kingman, Goals some of the completed portions of its and the commitment by participating 2000/TLCF, U.S. Department of plan that will not be greatly affected by districts should be clear. In order to Education, Phone: (202) 401–3900, Fax: the other portions being developed. For meet the application requirements, a (202) 205–5870, e-mail: instance, a district that has completed consortium application should state [email protected]. development of its standards and whether a single plan is being assessments (or uses those the state has Districts in Oklahoma developed) may wish to begin developed and implemented or whether professional development of staff in a common strategy is being For assistance with state initiatives: relation to the standards while the implemented across plans being Dr. Katie Dunlap, Assistant State parent involvement component of its developed and implemented within the Superintendent, Oklahoma State plan is being developed. individual districts participating in the Department of Education, Phone: (405) Plan development and plan consortium. For consortia wishing to 521–4513, Fax: (405) 521–2971, implementation are not intended to be implement existing plans, each district [email protected]. in a consortium should demonstrate that entirely distinct activities. Once a plan Districts in Montana has been developed that meets the plan it has a plan to meet the plan requirements of Goals 2000, continual requirements of Goals law. Nancy Coopersmith, Administrator, revision of this plan should be seen as • How should an applicant use the Department of Curriculum Services, a natural part of implementing the plan. Performance Measures Template Montana Office of Public Instruction, Revisions should be informed by data included in the application package? Phone: (406) 444–5541, Fax: (406) 444– collected on student performance and Applicants should have clear and 1373, e-mail: [email protected]. the effectiveness of various strategies. It appropriate performance objectives For assistance with standards-based is anticipated that districts may already related to the specific activities have plans that address at least some of reform: Dr. Belinda Biscoe, Director, proposed in the grant. A process for Region VII Comprehensive Center, the requirements of Goals 2000. These measuring progress towards attaining plans that are already in place should University of Oklahoma, College of these objectives should also be Continuing Education, Phone: (405) serve as a starting point for continued identified as well as a means for stating plan development; a district need not 325–1729, Fax: (405) 325–1824, e-mail: outcomes. Applicants are encouraged to [email protected]; Rita Hale, start from scratch in developing a plan incorporate the components of the to meet the requirements. When Training Associate, Northwest Regional performance measures into the Assistance, Phone: (800) 547–6339 , applying for Goals 2000 funds, a district template, but they may also use another, should clearly identify the status of its Fax: (503) 275–9625, e-mail: similar format. (Refer to Performance [email protected]. plans in relation to the plan Measures and Performance Measures requirements and the steps it will take Template in application package.) For assistance with integrating to complete its comprehensive plan. • technology with standards-based • What should applicants consider in Are applicants for Goals 2000 funds reform: Dr. Jerry Chafin, Director, South determining whether to apply as a allowed to use grant funds to pay a Central Regional Technology In member of a consortium of districts consultant for writing a grant Education Consortium, Phone: (785) rather than as a single district? application? 864–0699, Fax: (785) 864–0704, e-mail: By working together with other No. According to a provision in the [email protected]; Seymour Hanfling, districts as a consortium, a district can Education Department General Director, Northwest Educational make better use of limited resources, Administrative Regulation (EDGAR, Technology Consortium, Phone: (503) improve continuity of services for 75.515), grantees are prohibited from 275–0658, (800) 211–9435 (voice mail), students, or broaden the expertise that utilizing grant funds to pay a consultant Fax: (503) 275–0449, e-mail: contributes to developing and for writing a grant application. [email protected]. implementing a particular set of Consultants may be used when there is For assistance with understanding strategies. A small district that does not a need in the approved project for and linking to other federal resources: have a broad base of resources could services that cannot be met by an http://www.ed.gov. form a consortium with several other employee; however, paying a consultant districts to create a single plan or to write a grant application does not [FR Doc. 00–3509 Filed 2–14–00; 8:45 am] implement a common component of meet this criterion. BILLING CODE 4000±01±U Tuesday, February 15, 2000
Part VII
Department of the Interior Office of Surface Mining Reclamation and Enforcement
30 CFR Part 870 Abandoned Mine Land (AML) Fee Collection and Coal Production Reporting On the OSM–1 Form; Proposed Rule
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DEPARTMENT OF THE INTERIOR IV. Procedural Matters and Certifications. (8) The preparation plant, tipple, or I. Background Information. loading point for the coal; Office of Surface Mining Reclamation (9) The permit number required under and Enforcement What Is the Abandoned Mine Land section 506 of SMCRA; and (AML) Reclamation Program? (10) The Mine Safety and Health 30 CFR Part 870 Title IV of the Surface Mining Control Administration identification number. Each quarterly report must also RIN 1029±AB95 and Reclamation Act of 1977 (SMCRA) created the Abandoned Mine contain a notification of any changes in Abandoned Mine Land (AML) Fee Reclamation Fund (fund) in response to the information required by section Collection and Coal Production concern over extensive environmental 402(c) of SMCRA since the date of the Reporting on the OSM±1 Form damage caused by past coal mining preceding quarterly report. The activities. Money from the fund is used accuracy of the report must be sworn to AGENCY: Office of Surface Mining to reclaim abandoned and inadequately by the operator and notarized. The Reclamation and Enforcement, Interior. reclaimed mining areas where there is operator is responsible for the information provided and subject to the ACTION: Proposed rule. no continuing reclamation sanctions provided for in section responsibility by any person under state SUMMARY: We, the Office of Surface 402(d)(1) of SMCRA. See 30 U.S.C. or federal law. The fund is financed by Mining Reclamation and Enforcement 1232(c) and 30 CFR 870.15. a reclamation fee assessed on every ton (OSM) propose to amend our of coal sold, used, or transferred at the II. What Would This Rule Change? regulations governing Abandoned Mine rate of 35 cents per ton of surface mined Land (AML) reclamation fee reporting to Currently, our regulations at 30 CFR coal, 15 cents per ton of underground allow for the electronic filing of the 870.15(b) require that the operator use mined coal, and 10 cents per ton for information required on the OSM–1 the OSM–1 Form to report the required lignite. The reclamation fee must be Form. information when paying the AML fee. paid to OSM once every calendar A paper copy of the OSM–1 Form must DATES: Written comments: We will quarter. be used and submitted. There is no accept written comments on the The authority to collect the provision for filing the OSM–1 Form proposed rule until 5 p.m., Eastern time, reclamation fee at the above rate is due electronically. By this rulemaking, we on April 17, 2000. to expire in 2004. After that date, the fee propose to accept future quarterly Public hearings: Upon request, we will be established and collected at a filings of the OSM–1 Form by approved will hold a public hearing on the rate sufficient to allow the Secretary to electronic transmission in place of proposed rule at a date, time and transfer from the fund to the United paper filings. Under current procedures, location to be announced in the Federal Mine Workers of America Combined OSM uses information technology to Register prior to the hearing. We will Benefit Fund the sum necessary to reduce the reporting burden on those accept requests for public hearings until fulfill the responsibilities under section filing the OSM–1 Form. When the 5 p.m., Eastern time, on March 17, 2000. 402(h) of SMCRA. OSM–1 Form is mailed to a respondent, ADDRESSES: If you wish to comment, OSM administers the AML program the majority of the information on the you may submit your comments by any and fund. Reclamation is accomplished OSM–1 Form (i.e., company name, one of the following methods. You may through grants to approved state and address, contact person, telephone mail or hand-deliver comments to the tribal AML reclamation programs. These number, permit number, MSHA ID, etc.) Office of Surface Mining Reclamation AML reclamation programs are is already pre-printed on the OSM–1 and Enforcement, Administrative implemented through regulations in 30 before it is mailed to the respondent, Record, Room 101, 1951 Constitution CFR subchapter R and through thus reducing the time to complete the Avenue, NW, Washington, D.C. 20240. implementing guidelines published in form. We expect to develop a computer- You may also submit comments to OSM the Federal Register on March 6, 1980 based electronic form that will also via the Internet at: [email protected]. (45 FR 27123), and revised on December contain the company information. The You may submit a request for a public 30, 1996 (45 FR 68777). Currently, 23 respondent would only need to update hearing orally or in writing to the states and 3 Indian tribes have approved changes, add the missing information, person and address specified under FOR AML reclamation programs. and send the electronic version of the FURTHER INFORMATION CONTACT. The How Is the AML Fee Reported Under the OSM–1 Form back to OSM. address, date and time for any public Current Regulations? The electronic filing of the OSM–1 hearing held will be announced prior to Form would be an option available to Section 402(b) of SMCRA, 30 U.S.C. the hearing. Any disabled individual the reporting entity. However, because 1232(b), requires companies to pay a who requires special accommodation to of the notary requirement in SMCRA, reclamation fee on coal sold, used, or attend a public hearing should also and because we are not aware of any transferred no later than 30 days after contact the person listed under FOR means by which a document may be the end of each calendar quarter. FURTHER INFORMATION CONTACT. electronically notarized and SMCRA and the implementing transmitted, the operator (or entity FOR FURTHER INFORMATION CONTACT: Mr. regulations also require all operators of reporting for the operator) would be Sean Spillane, Office of Surface Mining coal mining operations to submit a required to print out and maintain on Reclamation and Enforcement, Denver statement identifying: Federal Center, Building 20, Room B– (1) The permittee; file, a properly notarized paper copy of 2005, Denver, Colorado 80225; (2) The operator in addition to the the OSM–1 Form for review by OSM’s Telephone 303–236–0330, Ext 278. E- permittee; Fee Compliance auditors. mail: [email protected]. (3) The owner of the coal; We believe that the option of SUPPLEMENTARY INFORMATION: (4) The person purchasing the coal; electronically transmitting data may I. Background Information. (5) The amount of coal sold, used, or result in some savings to those in II. What Would this Rule Do? transferred during the calendar quarter; industry who choose to use it and to the III. How Do I Submit Comments on the (6) The type of coal; government. We hope that as electronic Proposed Rule? (7) The method of coal removal; commerce becomes more sophisticated
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Reform Act (2 U.S.C. 1531, et seq.) is not proposed rule easier to understand, b. Revise paragraph (d)(1)(iv) to read required. including answers to questions such as as follows: the following: (1) Are the requirements 5. Executive Order 12630—Takings in the proposed rule clearly stated? (2) § 870.15 Reclamation fee payments. In accordance with Executive Order Does the proposed rule contain * * * * * 12630, the rule does not have takings technical language or jargon that (b) Each operator must use mine implications. This determination is interferes with its clarity? (3) Does the report Form OSM–1 (or any approved based on the fact that the rule will not format of the proposed rule (grouping successor form) to report the tonnage of have an impact on the use or value of and order of sections, use of headings, coal sold, used, or transferred. The private property and so, does not result paragraphing, etc.) aid or reduce its report must also include the name and in significant costs to the government. clarity? (4) Would the rule be easier to address of any person or entity who, in 6. Executive Order 13132—Federalism understand if it were divided into more a given quarter, is the owner of 10 (but shorter) sections? (A ‘‘section’’ This proposed rule does not have percent or more of the mineral estate for appears in bold type and is preceded by a given permit, and any entity or Federalism implications. It would not the symbol ‘‘§ ’’ and a numbered have ‘‘substantial direct effects on the individual who, in a given quarter, heading; for example, § 773.15). (5) Is purchases ten percent or more of the states, on the relationship between the the description of the proposed rule in national government and the states, or production from a given permit during the SUPPLEMENTARY INFORMATION section the applicable quarter. The operator can on the distribution of power and of this preamble helpful in file a report under this section either in responsibilities among the various understanding the proposed rule? What paper format or in electronic format as levels of government.’’ As previously else could we do to make the proposed specified in § 870.17. * * * stated, the proposed rule would provide rule easier to understand? coal operators with the option of Send a copy of any comments that * * * * * electronically filing reports which they concern how we could make this (d) * * * are currently required to file in paper proposed rule easier to understand to: (1) * * * form with OSM. States are not involved Office Regulatory Affairs, Department of in the process. the Interior, Room 7229, 1849 C Street (iv) Use OSM’s approved form or 7. Executive Order 12988—Civil Justice NW, Washington, DC 20240. You may approved electronic form to report coal Reform also e-mail the comments to this tonnage sold, used, or for which address: [email protected] . ownership was transferred, to the In accordance with Executive Order address indicated in the Instructions for 12988, the Office of the Solicitor has List of Subjects in 30 CFR Part 870 Completing the OSM–1 Form. determined that this rule does not Incorporation by reference, Reporting * * * * * unduly burden the judicial system and and recordkeeping requirements, meets the requirements of sections 3(a) Surface mining, Underground mining. 3. Section 870.17 is added to read as and 3(b)(2) of the Order. follows: Dated: January 22, 2000. 8. Paperwork Reduction Act Sylvia V. Baca, § 870.17 Filing the OSM±1 Form The information collection authority Acting Assistant Secretary for Land and electronically. for this rulemaking has been approved Minerals Management. You, the operator, may submit a by the Office of Management and Accordingly, 30 CFR part 870 is quarterly electronic OSM–1 Form in Budget under 44 U.S.C. 3501 et seq. and proposed to be amended as set forth place of a quarterly paper OSM–1 Form. assigned clearance number 1029–0063. below. Submitting the OSM–1 Form electronically is optional. If you submit 9. National Environmental Policy Act PART 870ÐABANDONED MINE your form electronically, you must: OSM has reviewed this proposed rule RECLAMATION FUNDÐFEE and determined that it is categorically COLLECTION AND COAL (a) Use a methodology and medium excluded from the National PRODUCTION REPORTING. approved by OSM; and Environmental Policy Act process in (b) Maintain a properly notarized accordance with the Departmental 1. The authority citation for part 870 continues to read as follows: paper copy of the identical OSM–1 Manual 516 DM 2, Appendix 1.10. Form for review and approval by OSM’s Authority: 30 U.S.C. 1201 et seq. 10. Clarity of this Regulation Fee Compliance auditors. (This is 2. Section 870.15 is amended as needed to comply with the notary Executive Order 12866 requires each follows: requirement in the Act.) agency to write regulations that are easy a. In paragraph (b), remove the first to understand. We invite your sentence and add three new sentences [FR Doc. 00–3519 Filed 2–14–00; 8:45 am] comments on how to make this in its place; and BILLING CODE 4310±05±P
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Reader Aids Federal Register Vol. 65, No. 31 Tuesday, February 15, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
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 3 CFR 12 CFR 201...... 6531 Presidential Documents Proclamations: 7270...... 5217 272...... 6319 523±5227 Executive orders and proclamations 7271...... 5219 936...... 5738 The United States Government Manual 523±5227 Executive Orders: 960...... 5418 13145...... 6877 Proposed Rules: Other Services Administrative Orders: Ch. I ...... 4895 Electronic and on-line services (voice) 523±4534 Directive of January 225...... 6924 Privacy Act Compilation 523±3187 31, 2000 ...... 5729 611...... 5286 Public Laws Update Service (numbers, dates, etc.) 523±6641 Directive of January 951...... 5447 997...... 5447 TTY for the deaf-and-hard-of-hearing 523±5229 31, 2000 ...... 5731 Presidential Determinations: 1735...... 7312 No. 2000±10 of 13 CFR ELECTRONIC RESEARCH January 31, 2000 ...... 5407 400...... 6888 World Wide Web No. 2000±11 of 500...... 6888 February 1, 2000 ...... 6523 Full text of the daily Federal Register, CFR and other 14 CFR publications: 5 CFR 23...... 7283 http://www.access.gpo.gov/nara 581...... 4753 582...... 4753 39...... 4754, 4755, 4757, 4760, 4761, Federal Register information and research tools, including Public 1201...... 5409 4870, 5222, 5228, 5229, Inspection List, indexes, and links to GPO Access: 1208...... 5410 5235, 5238, 5241, 5243, 2638...... 7275 http://www.nara.gov/fedreg 5419, 5421, 5422, 5425, E-mail Proposed Rules: 5427, 5428, 5739, 5741, 630...... 6339 5743, 5745, 5746, 5749, PENS (Public Law Electronic Notification Service) is an E-mail 7 CFR 5752, 5754, 5757, 5759, service for notification of recently enacted Public Laws. To 5761, 6444, 6533, 6534, subscribe, send E-mail to 1...... 5414 301 ...... 4865, 5221, 6525 7427, 7428 [email protected] 505...... 6526 71 ...... 4871, 4872, 4873, 4874, with the text message: 905...... 5733 5762, 5763, 5764, 5765, 5767, 5768, 5769, 5770, subscribe PUBLAWS-L your name 916...... 6305 917...... 6305 5999, 6000, 6320, 6535, Use [email protected] only to subscribe or unsubscribe to 944...... 5733 7287 PENS. We cannot respond to specific inquiries. 955...... 5736 91...... 5396, 5936 Reference questions. Send questions and comments about the 981...... 4867 93...... 5396 Federal Register system to: 985...... 6308, 6528 97 ...... 4875, 4877, 4879, 6321, 1218...... 7652 6324 [email protected] 1230...... 7281 121...... 5396 The Federal Register staff cannot interpret specific documents or 3418...... 5993 135...... 5396 regulations. Proposed Rules: 200...... 6446 46...... 7462 211...... 6446 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 47...... 7462 213...... 6446 54...... 4780 216...... 6446 4753±4864...... 1 245...... 5791 291...... 6446 4865±5218...... 2 457...... 6033 300...... 6446 5219±5406...... 3 718...... 5444 302...... 6446, 7418 303...... 6446 5407±5732...... 4 989...... 6341 305...... 6446 5733±5992...... 7 1218...... 7657 1735...... 6922 377...... 6446 5993±6304...... 8 385...... 6446 9 CFR 6305±6522...... 9 399...... 6446 6523±6880...... 10 Ch. III ...... 6881 Proposed Rules: 6881±7274...... 11 1...... 6312 21...... 5224 7275±7426...... 14 77...... 5998 25...... 5024 7427±7708...... 15 381...... 6886 39...... 4781, Proposed Rules: 4782, 4784, 4786, 4788, 94...... 6040 4790, 4792, 4793, 4897, 4900, 4902, 4904, 4906, 10 CFR 5453, 5455, 5456, 5459, 708...... 6314 6046, 6563, 6565, 6566, Proposed Rules: 6925, 6927, 7316, 7465 50...... 6044 71 ...... 4910, 4911, 5804, 7320
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91...... 5024 2200...... 7434 761...... 5442 47 CFR 108...... 4912 2520...... 7152 Proposed Rules: Ch. I ...... 5267 109...... 4912 2560...... 7181 52 ...... 5296, 5297, 5298, 5462, 0...... 7448 111...... 4912 2570...... 7185 5463, 6091, 7470 1...... 4891, 7460 121...... 4912 4044...... 7435 62...... 6102 11...... 7616 125...... 5024 Proposed Rules: 70...... 7333 129...... 4912 51...... 6912 1910...... 4795 130...... 4919 73 ...... 6544, 7448, 7616 191...... 4912 300...... 5465, 5844 30 CFR 74...... 7616 17 CFR 445...... 6950 250...... 6536 76...... 7448 1...... 6569 938...... 4882 42 CFR 97...... 6548 232...... 6444 946...... 5782 412...... 5933 Proposed Rules: 18 CFR Proposed Rules: 413...... 5933 1...... 6113 25...... 6950 Proposed Rules: 870...... 7706 483...... 5933 270...... 6048 913...... 7331 485...... 5933 73 ...... 4798, 4799, 4923 76...... 4927, 7481 375...... 6048 32 CFR Proposed Rules: 381...... 6048 36...... 4797 95...... 4935 505...... 6894 382...... 5289 43 CFR 48 CFR 19 CFR 33 CFR 11...... 6012 Ch. 2 ...... 6554 132...... 5430 117 ...... 5785, 6325, 6326, 7436 Proposed Rules: 163...... 5430 Proposed Rules: 2560...... 6259 201...... 6551 Proposed Rules: 100...... 5833 203...... 4864 12...... 6062 110...... 5833, 7333 44 CFR 209...... 4864 113...... 6062 165...... 5833, 7333 65 ...... 6014, 6018, 6023, 6025, 211...... 6553 212...... 6553 20 CFR 34 CFR 7440 67 ...... 6028, 6031, 7443 219...... 6554 Proposed Rules: 637...... 7674 209...... 7270 225 ...... 4864, 6551, 6553 404...... 6929 676...... 4886 Proposed Rules: 249...... 4864 416...... 6929 Proposed Rules: 67 ...... 6103, 6105, 7471 252...... 6553 611...... 6936 21 CFR 1825...... 6915 694...... 5844 45 CFR 1852...... 6915 175...... 6889 36 CFR 1303...... 4764 2432...... 6444 522...... 6892 9903...... 5990 876...... 4881 327...... 6896 Proposed Rules: 886...... 6893 96...... 5471 Proposed Rules: Proposed Rules: 30...... 4940 1308...... 5024 217...... 5462 46 CFR 215...... 6574 Proposed Rules: 219...... 5462 2...... 6494 252...... 6574 10...... 7321 242...... 5196 30...... 6494 14...... 7321 1234...... 5295 19...... 7321 31...... 6494 49 CFR 37 CFR 25...... 7321 52...... 6494 61...... 6494 107...... 7297 1310...... 4913 Proposed Rules: 172...... 7310 201...... 6573, 6946 71...... 6494 23 CFR 90...... 6494 195...... 4770 Proposed Rules: 38 CFR 91...... 6494 571...... 6327 645...... 6344 8...... 7436 98...... 6494 Proposed Rules: 107...... 6494 222...... 7483 24 CFR 21...... 5785 110...... 6494 229...... 7483 206...... 5406 Proposed Rules: 8...... 7467 114...... 6494 567...... 5847 Proposed Rules: 20...... 7468 115...... 6494 568...... 5847 990...... 7330 21...... 4914 125...... 6494 25 CFR 126...... 6494 50 CFR 39 CFR 132...... 6494 170...... 7431 13...... 6916 111 ...... 4864, 5789, 6903, 7288 133...... 6494 17 ...... 4770, 52680, 6332, 6916 26 CFR 3001...... 6536 134...... 6494 167...... 6494 18...... 52750 1 ...... 5432, 5772, 5775, 5777, Proposed Rules: 648...... 7460 111...... 4918, 6950 169...... 6494 6001 175...... 6494 679 .....4891, 4892, 4893, 5278, 35...... 6001 40 CFR 176...... 6494 5283, 5284, 5285, 5442, 602 ...... 5775, 5777, 6001 52 ...... 4887, 5245, 5252, 5259, 188...... 6494 6561, 6921, 7461 Proposed Rules: 5262, 5264, 5433, 6327, 189...... 6494 Proposed Rules: 1 ...... 5805, 5807, 6065, 6090 7290, 7437 195...... 6494 17 ...... 4940, 5298, 5474, 5848, 602...... 5807 62...... 6008 199...... 6494 5946, 6114, 6952, 7339, 27 CFR 70...... 7290 388...... 6905 7483 Proposed Rules: 80...... 6698 Proposed Rules: 100...... 5196 9...... 5828 85...... 6698 15...... 6350 223...... 6960, 7346 86...... 6698 110...... 6111 622...... 5299 29 CFR 258...... 7294 111...... 6111 648 ...... 4941, 5486, 6575, 6975 44...... 7194 300...... 5435 515...... 7335 660 ...... 6351, 6577, 6976
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REMINDERS China; heat treatment; Deep-sea red crab promulgation; various The items in this list were comments due by 2-25- fishery; comments due States: editorially compiled as an aid 00; published 12-27-99 by 2-21-00; published California; comments due by to Federal Register users. Noxious weeds: 2-2-00 2-25-00; published 1-26- Inclusion or exclusion from Weed and seed lists; West Coast States and 00 this list has no legal update; comments due by Western Pacific Georgia; comments due by significance. 2-25-00; published 12-27- fisheriesÐ 2-25-00; published 1-26- 99 Coastal pelagic species; 00 Plant-related quarantine, comments due by 2-24- Indiana; comments due by RULES GOING INTO domestic: 00; published 1-25-00 2-25-00; published 1-26- 00 EFFECT FEBRUARY 15, Pine shoot beetle; COMMERCE DEPARTMENT 2000 Nebraska; comments due by comments due by 2-22- Patent and Trademark Office 00; published 12-21-99 2-22-00; published 1-20- Inventors' Rights Act; 00 ENVIRONMENTAL AGRICULTURE implementation: PROTECTION AGENCY Air quality implementation DEPARTMENT Invention promoters; plans; √A√approval and Air programs; approval and Food and Nutrition Service complaints; comments due promulgation; various promulgation; State plans Food stamp program: by 2-22-00; published 1- States; air quality planning for designated facilities and 20-00 purposes; designation of pollutants: Personal Responsibility and Work Opportunity COMMODITY FUTURES areas: Indiana; published 12-17-99 Reconciliation Act of TRADING COMMISSION Ohio and Kentucky; Air quality implementation 1996; implementationÐ Commodity Exchange Act: comments due by 2-23- plans; approval and Work provisions; 00; published 1-24-00 promulgation; various Contract market rule review comments due by 2-22- Pesticides; tolerances in food, States: procedures; comments 00; published 12-23-99 due by 2-24-00; published animal feeds, and raw Pennsylvania; published 12- agricultural commodities: AGRICULTURE 1-24-00 17-99 Azinphos-methyl; comments DEPARTMENT DEFENSE DEPARTMENT INTERIOR DEPARTMENT due by 2-22-00; published Forest Service Indian Affairs Bureau Civilian health and medical 12-22-99 Land uses: program of uniformed Transportation Equity Act for Sewage sludge; use or Special use authorizations; services (CHAMPUS): 21st Century; disposal standards: costs recovery for implementation: TRICARE programÐ Dioxin and dioxin-like processing applications compounds; numeric Indian Reservation Roads Maternity care; and monitoring concentration limits; funds; 2000 FY funds nonavailability statement compliance; comments comments due by 2-22- distribution; published 2- requirement; comments due by 2-24-00; published 00; published 12-23-99 15-00 due by 2-22-00; 12-29-99 published 12-23-99 Dioxin and dioxin-like OCCUPATIONAL SAFETY AGRICULTURE EMERGENCY OIL AND GAS compounds; numeric AND HEALTH REVIEW DEPARTMENT concentration limits; COMMISSION GUARANTEED LOAN Food Safety and Inspection BOARD correction; comments due Practice and procedure: by 2-22-00; published 1- Service National Environmental Policy 11-00 Settlement judge procedure; Meat and poultry inspection: Act; implementation: settlement part procedure FEDERAL Sodium diacetate, sodium Loan guarantee decisions; addition; pilot program; COMMUNICATIONS acetate, sodium lactate information availability; published 2-15-00 COMMISSION and potassium lactate; comments due by 2-22- TRANSPORTATION use as food additives; 00; published 12-23-99 Radio services, special: DEPARTMENT Personal locator beaconsÐ comments due by 2-22- EMERGENCY STEEL 406.025 MHz authorizing Federal Aviation 00; published 1-20-00 GUARANTEE LOAN BOARD Administration use; comments due by COMMERCE DEPARTMENT National Environmental Policy Airworthiness directives: 2-24-00; published 2-2- National Oceanic and Act; implementation: 00 Airbus; published 1-11-00 Atmospheric Administration Loan guarantee decisions; Television broadcasting: Cessna; published 1-19-00 Endangered and threatened information availability; Improved model for Raytheon; published 1-11-00 species: comments due by 2-22- predicting broadcast VETERANS AFFAIRS Marine and anadromous 00; published 12-23-99 television field strength DEPARTMENT speciesÐ ENVIRONMENTAL received at individual National Service Life West Coast Steelhead; PROTECTION AGENCY locations; comments due Insurance: Snake River, Central Air pollutants, hazardous; by 2-22-00; published 2-2- Premium payments; California Coast; national emission standards: 00 clarification; published 2- Evolutionary significant Aerospace manufacturing HEALTH AND HUMAN 15-00 units; comments due by and rework facilities; SERVICES DEPARTMENT 2-22-00; published 12- comments due by 2-23- Food and Drug 30-99 Administration COMMENTS DUE NEXT 00; published 1-24-00 Fishery conservation and Administrative practice and WEEK Synthetic organic chemical management: manufacturing industry procedure: Alaska; fisheries of and other processes New animal drug AGRICULTURE Exclusive Economic subject to equipment applications; designated DEPARTMENT ZoneÐ leaks negotiated journals list; removals; Animal and Plant Health Pollock; comments due by regulation; comments due comments due by 2-23- Inspection Service 2-24-00; published 1-25- by 2-22-00; published 1- 00; published 12-10-99 Export certification: 00 20-00 HEALTH AND HUMAN Solid wood packing Northeastern United States Air quality implementation SERVICES DEPARTMENT materials exported to fisheriesÐ plans; approval and Health resources development:
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Organ procurement and NATIONAL AERONAUTICS TRANSPORTATION due by 2-22-00; transplantation network; AND SPACE DEPARTMENT published 12-22-99 operation and ADMINISTRATION Maritime Administration Tobacco product importers performance goals Meritorious claims resulting U.S.-flag commercial vessels: qualification and from conduct of NASA Effective date stay; U.S. flag vessels of 100 technical miscellaneous functions; comments due by comments due by 2-22- feet or greater; eligibility amendments; comments 2-22-00; published 12-21-99 00; published 12-21-99 to obtain commercial due by 2-22-00; Effective date stay; NATIONAL CREDIT UNION fisheries documents; published 12-22-99 ADMINISTRATION correction; comments comments due by 2-22- Alcoholic beverages: due by 2-22-00; Credit unions: 00; published 1-5-00 Insurance and group published 1-10-00 TRANSPORTATION Labeling and advertising; purchasing activities; DEPARTMENT health claims and other INTERIOR DEPARTMENT incidental authorities; health-related statements; Fish and Wildlife Service comments due by 2-24- National Highway Traffic comments due by 2-22- Safety Administration Endangered and threatened 00; published 11-26-99 00; published 10-25-99 INTERIOR DEPARTMENT Motor vehicle safety species: TREASURY DEPARTMENT National Indian Gaming standards: Findings on petitions, etc.Ð Commission Hydraulic and electric brake Internal Revenue Service Sacramento Mountains systemsÐ Indian Gaming Regulatory Act: Income taxes: checkerspot butterfly; Classification of games; Heavy vehicle antilock comments due by 2-25- comments due by 2-24- brake system (ABS); Last known address; 00; published 12-27-99 00; published 12-27-99 performance definition; comments due by 2-22-00; published 11- Mountain yellow-legged frog; TRANSPORTATION requirement; comments 22-99 southern California distinct DEPARTMENT due by 2-22-00; vertebrate population Federal Aviation published 12-21-99 segment; comments due Administration TRANSPORTATION by 2-22-00; published 12- Airworthiness directives: DEPARTMENT LIST OF PUBLIC LAWS 22-99 Airbus; comments due by 2- Surface Transportation JUSTICE DEPARTMENT 24-00; published 1-25-00 Board Note: The List of Public Laws Immigration and Boeing; comments due by Rail carriers: for the first session of the Naturalization Service 2-22-00; published 1-5-00 Carload waybill sample and 106th Congress has been Cessna; comments due by completed and will resume Immigration: public use file regulations; 2-22-00; published 1-7-00 modification; comments when bills are enacted into Illegal Immigration Reform CFM International; due by 2-21-00; published law during the second session and Immigrant comments due by 2-23- 1-6-00 of the 106th Congress, which Responsibility Act of 00; published 1-24-00 convenes on January 24, TREASURY DEPARTMENT 1996; nonimmigrant Israel Aircraft Industries, 2000. foreign students and other Ltd.; comments due by 2- Alcohol, Tobacco and exchange program 23-00; published 1-24-00 Firearms Bureau A Cumulative List of Public participantsÐ Raytheon; comments due by Alcohol, tobacco, and other Laws for the first session of the 106th Congress will be F, J, and M 2-23-00; published 1-24- excise taxes: published in the Federal classifications; fee 00 Tobacco productsÐ Register on December 30, collection authorization; Class E airspace; comments Roll-your-own tobacco; 1999. comments due by 2-22- due by 2-22-00; published manufacture permit 00; published 12-21-99 1-6-00 requirements; comments Last List December 21, 1999
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